Below is a more detailed description of the terms and circumstances that apply to a collaboration between Trib and a Client.
These terms apply to all advice and all services that TRIB AB (the Contractor) provides to our Customers (the Client), together with any additions and adjustments specified in the Assignment Agreement.
In the event of any inconsistencies between these General Terms and Conditions and the Assignment Agreement, the Assignment Agreement shall take precedence.
Assignments are confirmed by a mutual Agreement signed jointly by the Contractor and the Client in which the content of the Assignment is specified.
The Assignment Agreement shall be specified with regard to the nature of the Assignment, scope, price, form of compensation, invoicing method, procedure, form of delivery, period of validity, any guarantees and the length of the Assignment and timeframe for completion.
Specific Assignment Agreements apply with exclusivity unless otherwise agreed. The Client otherwise has every right to cooperate with any other similar suppliers.
Agreements on the above can also be made via e-mail or other channels.
A completed start-up meeting is considered, according to these conditions, to be equivalent to the Assignment being activated and grounds for compensation being accepted.
Changes and additions
Changes in and additions to an existing Assignment Agreement only apply if they have been confirmed in writing by both Parties.
The Assignment Agreement constitutes the entire agreement between the Parties regarding the Assignment. It supersedes and cancels any previous proposal, correspondence, agreement or other communication, written or oral.
The Assignment must be performed with care and in a professional manner. The Contractor is thus obliged to take the initiatives that may be required to obtain the necessary knowledge and understanding of the Assignment and its fulfillment. All work must be carried out by suitable, qualified and competent personnel for the purpose.
The Contractor shall provide continuous feedback and ongoing status reporting to the Client with information about the Assignment’s progress, challenges and results. The Assignment must also be structured in an appropriate number of steps (sprints), where the parties (in a meeting together) make a more comprehensive summary of the current situation, successes, possible setbacks, measures and the next steps.
The Client is responsible for decisions being made on a basis of sufficient scope and quality. All necessary information and the documentation required for the realization of the Assignment must be submitted. The Client is also responsible for ensuring that the business is conducted in accordance with applicable laws and regulations.
If the Client delays in providing information and materials or does not take the measures required for the execution of the Assignment, this may cause delays and additional charges. The Contractor is not responsible for such delays and additional costs, whether it is increased fee costs or other additional costs.
A complete Assignment via the Contractor contains the following steps: definition, activation, identification, evaluation, conversion and follow-up.
The Assignment is defined in detail, based on the above steps, before start-up and upon activation.
More specific information about the content of each individual Assignment is also dealt with in the Assignment Agreement.
It is also possible to have certain parts of the above steps delivered (“Addings”).
From the Contractor, each Assignment is led and carried out by a Talent Agent, in close collaboration with his colleagues and in continuous dialogue with the Client.
All necessary administration is included. See below.
The Contractor performs various staffing services with a focus on temporary and permanent competence needs. A number of additional services are also offered, including both parts of complete deliveries, as well as completely independent services.
Payment for the Assignment will be debited according to the pricing specified in the Assignment Agreement. The compensation can consist of both a fixed fee, percentages of a specified amount or hourly fee performed on an open account basis or an agreed fixed price. In the event of a reduction in the fee due to volume or other factors, these will occur in final invoicing of the Assignment or project.
If pricing is missing in the Assignment Agreement, the Contractor will charge a reasonable fee, taking into account factors such as resource consumption including specialist knowledge, complexity in the Assignment, research and know-how developed by the Contractor, use of technology and structural capital and whether the Assignment was so urgent that the work had to be performed after regular working hours, such as weekends or during holiday periods.
The standard arrangement for a recruitment assignment is that 30% of the total fee is invoiced at start-up, 30% at presentation and the remainder when the Client and final candidate have agreed.
Regarding a consultant solution, the standard payment setup is a percentage surcharge of on average +25%, in relation to the hourly fee.
Regardless of whether invoicing of Assignments is performed on an open account basis or an agreed fixed price, the Contractor has the right to invoice a start-up fee at the approval of the Agreement, as stated in the Assignment Agreement.
When recruiting more candidates in the same process, the cost for the second candidate is 80% of the total original fee and for the following candidates 60%.
Any costs for purchasing external tests or alternatives are additional.
All prices quoted are exclusive of VAT.
A reasonable time for delivery for the Assignment is determined in the Assignment Agreement, in collaboration with the Client. However, the delivery time can be affected by factors beyond the Contractor’s control and is thus primarily an estimate and a common goal together with the Client.
The Contractor has the right to reformulate parts of, or the entire, timeframe for completion in the event of unforeseen difficulties or challenges. However, no more than an additional 25% of the already agreed-upon and planned time according to the Assignment Agreement.
The Contractor can not be held responsible for the fact that longer time than planned is needed in the event that the Client has been unavailable.
Both complete recruitment assignments and consulting solutions include screening of the Candidates: in-depth interviews are conducted, work samples are evaluated and at least two references are consulted.
The handling of any cases, work samples and tests is included, as well as processing of credit information and extracts from criminal records.
After completion of a recruitment or consulting delivery, the Contractor makes both qualitative and quantitative evaluations. After the hired candidate has been working for the Client for three (3) and six (6) months, the Contractor also follows up on expected performance, with both Candidate and Customer. In a consulting delivery, the status is checked both continuously, during the Assignment, and after its completion.
The Contractor always focuses on helping the Client to create a balanced workforce. All candidates are welcome and no one is discriminated against on the basis of gender, ethnic background or sexual orientation. The ambition is constantly to, as far as possible, present a mix of different candidates in our processes. The mission is to be conscious and actively contributing to creating equality of opportunity in our society.
If Assignments are performed based on an agreed fee, invoicing shall take place in accordance with the payment plan, specified in the Assignment Agreement.
Payment must be made in time, in accordance with the sent invoice. In the event of payment after the due date, default interest is added in accordance with the Swedish Interest Act.
If the Client does not pay on time, the Contractor has the right, after written notice thereof, to suspend the Assignment for the time being until its payment has been made.
If the Client does not pay a claim (due and undisputed) on time (+ 20 days), the Contractor has the right to immediately pause the Assignment until the outstanding claim is fully paid. In this circumstance, the Contractor is free from liability for a delay or any other damage that may result from putting the Assignement temporary on hold.
The Contractor has the right to terminate the Assignment Agreement with immediate effect if the Client has not paid after more than thirty (30) days after the payment reminder. The Contractor is then also entitled to full compensation in accordance with the Assignment Agreement. The same also applies if the Client does not pay on time for another Assignment performed by the Contractor.
In the event of recurring delays in payment for an intermediary consultant, the Contractor also has the right to revise or completely remove the consultant’s agreed notice period. The Contractor is also given the authority to give the mediated consultant the opportunity to direct his payment claims, for time spent and any contractual notice period, directly to the Client.
Payment is due 15 days from the invoice date for consulting intermediations and 30 days for recruitments or other services, unless otherwise agreed in the Assignment Agreement.
Unless otherwise provided by law or good professional practice applicable to the Contractor, the Parties agree that the following confidentiality obligation shall apply.
Each Party agrees to not disclose confidential information about the Assignment to outsiders, nor information about the other Party’s activities and affairs, without the other Party’s written consent, unless this is necessary for the Assignment to be performed. The Contractor is responsible for any sub-consultant being bound by this confidentiality commitment.
Confidential information refers to any advice and information, in oral or written form, of a technical, economic or commercial nature that has been exchanged between the Parties during the Assignment or that one of the Parties becomes aware of in any other way as a result of the Assignment.
However, the Parties have the right and sometimes the obligation to disclose confidential information if it follows from the constitution, professional obligation or official decision.
The Contractor or consultants provided by the Contractor shall not, in accordance with this Agreement, acquire any ownership right of any kind over the Client’s intellectual property rights, data, or materials, regardless of format or medium. To the extent that the Contractor or consultants provided by the Contractor create modification of intellectual property rights, data or materials, such modification is owned exclusively by the Client.
Errors or deficiencies regarding the Contractor’s performance of the Assignment must be reported to the Contractor immediately in writing by the Client.
Errors or deficiencies discovered by the Client after the Assignment has been completed or terminated must be reported in writing no later than 30 calendar days after the Assignment was completed. The assignment is completed when the employment contract has been signed, the consulting Assignment has been delivered or the assignment may otherwise be considered completed.
The complaint must contain clear information about the nature and extent of the error or defect.
The Client’s right to damages or price deductions is forfeited if the Client does not complain within the prescribed time and in the prescribed manner. The foregoing does not apply if the Contractor’s errors or deficiencies were caused by intentional or grossly negligent acts or omissions of the Contractor.
The contractor shall, after a complaint or remark, be given the opportunity to remedy errors or deficiencies within a reasonable time, through a new delivery, before the Customer submits a claim for compensation. This does not apply in cases in which the complaint is such that the Client has lost its trust in the Contractor’s services, or is no longer interested in the new delivery due to increased timelines.
In some deliveries, guarantees are given, which apply from the candidate’s or consultant’s first working day until the end of an agreed-upon period.
Any guarantee is dealt with and clarified in the respective Assignment Agreement.
The guarantee is then valid in cases where it turns out that the candidate does not meet the requirements formulated before and during the assignment. This means that additional requirements, but also any adjustments and identified deficiencies accepted by the Client, are taken into account.
In cases where the guarantee is considered justified by both parties, within the framework of the agreed time period in the Assignment Agreement, the Contractor undertakes to find a new candidate without additional fees.
The guarantee applies provided that the position or task is the same as in accordance with the applicable agreement and that the candidate has been given the right conditions to meet his commitment.
If the candidate chooses to terminate their employment or their consultancy assignment for the reason that the Client has not fulfilled his responsibility as an employer or Client, the guarantee does not apply.
In order for the guarantee to be invoked, the Contractor must, no later than 60 calendar days after commencing employment, have been informed of any perceived shortcomings by the candidate.
Regarding a mediated consultant, information about any perceived shortcomings must be provided within 14 calendar days.
Within the framework of the Assignment and in accordance with the General Data Protection Regulation (EU GDPR, put into effect on May 25, 2018), the Contractor will, on behalf of the Client, process personal data that the Client has provided voluntarily and personal data that the Contractor has obtained from internal and external registers.
The Contractor shall take the technical and organizational measures required to protect such personal data against unauthorized access, destruction and alteration.
All personal data at the Contractor is handled in accordance with the GDPR. Personal information linked to a specific Assignment is saved for a maximum of 12 months, unless the candidate requests otherwise.
The Client must ensure that it has its own routines that handle the regulations regarding the GDPR and candidates that are processed within the framework of each Assignment.
Both parties are considered to be data controllers.
The Contractor is liable, with the limitations stated below, to the Client for damage caused to the Client due to negligence on the part of the Contractor.
The liability for damages does not in any case include liability for consequential damages or indirect damages such as loss of profit, loss of or reduced turnover. The Contractor’s liability per Assignment is limited to the compensation for the Assignment, however, a maximum of 10 times the price base amount applicable at the time of the agreement in accordance with the Act (1962:381) on general insurance.
The Contractor is in no case liable for damage that is due to incorrect instructions or lack of documentation provided by the Client or if the Client was not involved in the realization of the Assignment.
The Contractor must have liability insurance with an insurance amount corresponding to the liability amounts as above. The Contractor shall, at the request of the Client, provide proof that such insurance exists.
The Contractor is disclaimed from the obligation to fulfill their part of the agreement and from the obligation to pay damages if their obligations can not be fulfilled at all or only at an abnormally high cost due to Swedish or foreign legislation, Swedish or foreign government action, war events, terrorist acts, fire, storm, explosion, strike, blockade, boycott and lockout, pandemic or other similar circumstance.
The Contractor shall without undue delay notify the Client in the event of Force Majeure.
A client always has the opportunity to cancel a recruitment assignment or a mediated consultant.
In the event of a cancellation of an Assignment, the Contractor only invoices for the most recently started part of the process, in accordance with the Assignment Agreement. If the Client has begun to evaluate presented candidates, however, an additional share of the assignment’s total fee will be invoiced.
A cancellation is not accepted, however, due to the Client’s finding a candidate who, during the collaboration, has avoided being presented to the Contractor for the purpose of being incorporated into the joint process.
In the event of a cancellation in a consulting assignment, the terms formulated in the Assignment Agreement and the notice period determined for the project apply.
The Contractor reserves the right to cancel or request a restart of the Assignment if larger changes occur that significantly affect the conditions for the Contractor to carry out the Assignment including changes in the Client’s organization or, alternatively, more extensive adjustments in the role and need.
If one or more candidates choose to withdraw in the latter part of the Assignment, the Contractor is obliged to present new candidates. However, not if the withdrawal occurs due to the Client acting too slow, despite repeated reminders from the Contractor. At this stage, the Contractor has the right to charge for a new presentation of additional candidates, or to terminate the process.
The above conditions also apply in the event of a longer interruption which has resulted in the Assignment losing identified and processed relevant candidates, with the consequence that it is necessary for the Contractor to identify and evaluate new candidates.
A pause from an ongoing assignment is allowed in a total of fourteen (14) days. Thereafter, the assignment is handled as a cancellation, unless otherwise agreed between the parties.
The Contractor has exclusivity as a partner in an ordered and activated Assignment. All candidates must then go through and be handled by the Contractor.
Before or at the start of the collaboration, any candidates that the Client has already met or have an ongoing dialogue with for current needs are shared with TRIB and are included (or not) in the Assignment.
If the Client or associated sub/subsidiary within twelve (12) months from the conclusion of the Assignment chooses to employ or engage additional candidates or consultants (previously presented by TRIB) other than those chosen in the original process, the Contractor is entitled to additional compensation in accordance with the Assignment Agreement. When engaging a consultant, within twelve months of the last completed assignment, the client undertakes to go through the Contractor in case of extension or new assignment.
The above also applies if the Client takes a presented candidate on for recruitment or consulting assignments within associated sub/subsidiary company or to another organization.
In the event that a tipped candidate from the Client is finally recruited, a deduction of 10% of the total fee is made.
When recruiting a provably processed, presented and/or mediated consultant during or 12 months after the completion of an Assignment, the cost is as stipulated in the Assignment Agreement. If not determined, standard fee SEK 160,000.
TRIB holds liability insurance from Trygg Hansa, with an insurance amount of SEK 10,000,000.
This Agreement is valid from the date of signing and for the period specified in the Agreement.
A party may terminate the Agreement immediately upon notice by written notice to the other party if;
a) the other party in any essential respect violates the Agreement and has not made a correction within thirty (30) days of the written request; or
b) the other party is declared bankrupt, enters into composition negotiations, enters into liquidation or may otherwise be presumed to have become insolvent or if the other party is subject to a business ban and the party does not provide satisfactory security for its undertaking immediately upon request; or
c) if a party without the consent of the other party transfers the Agreement to another.
Disputes concerning the interpretation and application of the Agreement regarding the Assignment and related legal matters shall, with the exceptions stated below, be referred to a decision by arbitration in accordance with the Swedish law on arbitration in force at any given time.
If the value of what is claimed is clearly not more than 25 times the price base amount applicable at the time of the arbitration proceedings under the General Insurance Act (1962: 381), or that the parties do not agree otherwise, the arbitral tribunal shall consist of an arbitrator. In the case of an undisputed overdue claim, however, the Contractor always has the right to make a claim in a general court.
Unless otherwise specifically agreed between the parties, Swedish law shall apply.
If any regulation in the Assignment Agreement is found to be invalid, this shall not mean that these general terms or the Assignment Agreement as a whole are invalid. To the extent that the invalidity affects a Party’s rights or obligations, reasonable adjustment shall instead take place.