1. The relevant legislation on private employment agencies requires that every private employment agency make known the text that defines the rights of the job seeker and of the employee. You will find this text and the code of ethics that every private employment agency has to comply with through the following links:
Code of conduct
2. Blake & Partners complies with the Protection of Privacy Act of 8 December 1992. All the personal data you provide to Blake & Partners may be kept in its databases. They will be used only for the purpose of evaluating an application. The applicant has the right to consult, adapt or delete said data at all times, in accordance with the terms and conditions set out in the Protection of Privacy Act. More information on this subject is available on the site of the Committee for the Protection of Privacy: www.privacy.fgov.be.
3. Our website contains several types of data which are protected by trademark right and copyright. Information on this site may not be transmitted, fully or partially, to third parties, without the prior consent of Blake & Partners. You may, however, make copies for private use, in order to read or to go through such information. Blake & Partners shall however not be held liable for the completeness, accuracy or validity of the information published.
4. The contents of our website, which are partly automated, have not been checked for full compliance with the relevant legislation. Moreover, they neither represent nor reflect the opinion of Blake & Partners.
5. Downloading information or clicking on links to third sites from our website will be made at your exclusive and entire risk. Blake & Partners may not be held liable for damages or inconvenience due to the use of its website or the data contained therein (including viruses and worms), nor of any interruptions of connection to the Internet resulting from technical problems, or for the contents of third sites.
6. The links, hyperlinks or frame links to our website are authorised only with the prior consent of Blake & Partners.
7. When you send us files by e-mail, make sure not to send us attachments containing viruses or worms. Personal details provided to Blake & Partners may not contain the following elements: information on illnesses, on pregnancy, any information on ethnic origin, political opinion, religious or philosophical beliefs, union membership, health or sexual orientation, defamatory or libellous information, and information without a reasonable connection with the job profile.
8. The information you send us must be accurate and must not infringe on the applicable legislation or regulations or violate law and order. You undertake to compensate Blake & Partners for any and all complaints lodged against the latter arising out of non-compliance with this obligation.
9. The activity of Blake & Partners consists of providing, at the express request of clients or on its own initiative, candidates specialised in finance with a view to being taken on under contract of employment or a cooperation agreement concluded by and between the parties (in the latter eventuality involving self-employed persons).
10. If a client wants Blake & Partners to conduct a search for candidates on the basis of precise criteria, said criteria must be notified to Blake & Partners as promptly as possible, and we shall define the scope of guarantee offered by Blake & Partners to its clients (see also clause no. 22).
11. The mission of Blake & Partners consists of and is limited to searching for and verifying the skills, qualifications and general attitude of candidates for situations vacant who are then presented to the client. Blake & Partners shall in no way be party to the contract of employment or cooperation agreement subsequently signed and shall not bind the candidate in this regard.
12. A presentation becomes effective when a candidate is hired on a temporary or permanent basis, or upon signing a cooperation agreement. If, after a candidate has accepted an offer of employment from the client or a cooperation agreement, the Client retracts the offer before the candidate takes up his or her duties, the Client shall pay the management fees of Blake & Partners, which amount to €2500.
13. All presentations shall be strictly confidential. If this clause is not complied with by the Client, leading to the hiring of a candidate by a third party, the client shall pay all the fees to which Blake & Partners would have been entitled if the Client had hired the candidate. The term "third party” shall include in particular but not exclusively, any related company affiliated with the Client or with which the Client maintains relations.
14. The Client shall inform Blake & Partners at once when a candidate has been hired and shall provide Blake & Partners with a copy of the offer of employment made to the candidate. If the Client fails to inform Blake & Partners about the recruitment within 14 days as of the date that the candidate takes up his or her duties, Blake & Partners will be in title to have a compensation stipulate in its general Terms & Conditions
15. The Client shall send to Blake & Partners all such order forms as necessary within 14 days after a candidate has been hired. If the Client fails to send said document within the stipulated time limit, Blake & Partners shall be authorised to issue an invoice without an order form.
16. If a candidate is hired by the Client within 12 months following the presentation of this candidate by Blake & Partners, the fees mentioned in clauses 17 and 18 below shall be payable to Blake & Partners.
17. You will find the fee of Blake & Partners within its general Terms & Conditions. The Client shall provide Blake & Partners with a complete statement of all remuneration and benefits payable to the candidate.
18. The fees of Blake & Partners shall be payable as of the moment that a candidate is hired, including all such hiring as carried out under the terms and conditions referred to in clauses 12 and 13 of these presents. A recruitment shall be deemed to have taken place whether it is subject to the successful completion of a trial period or not.
19. The invoices of Blake & Partners shall be payable in cash, on a net basis, without discount. If payment is not made, the invoiced amount shall accrue, as of right and without any prior notice, interest at an annual rate of 12%. Furthermore, an indemnity of 15% on the amounts payable, with a minimum of €125 shall be due, as of right, by way of contractual, flat-rate compensation, after relevant notice has been served by registered letter with acknowledgement of receipt.
20. Any and all invoices of Blake & Partners shall be deemed to have been definitively accepted by the Client if they are not contested within fifteen days of receipt thereof, by registered letter, setting out in detail the reasons for being contested.
21. The Client shall verify the references of the candidate relating to his or her qualifications, personality and experience, and shall verify whether the legal and medical requirements relating to the candidate have been duly satisfied, in particular those relating to a work permit having been obtained where required, as well as to any and all formalities relating to the legal obligations concerning the exercise of his or her activities.
22. Blake & Partners shall offer a guarantee to its clients as to the qualifications, the occupational capacity and the conduct of the candidate presented (see clause n°11), for a term of eight weeks. In this connection it shall be up to the Client to verify the qualifications, skills, personality and experience of the candidate in order to ascertain whether they correspond with the information received from Blake & Partners in connection with the presentation of the candidate. The client must also verify that the legal and medical requirements relating to the candidate have been duly satisfied, in particular those relating to a work permit having been obtained where required, as well as to any and all formalities relating to the legal obligations concerning the exercise of his or her activities.
By way of guarantee and without prejudice to Clause 23 below, if the employment of -- or the cooperation with -- the candidate is terminated within eight weeks after the commencement of the activity for valid and reasonable reasons relating to the qualifications, occupational capacity or conduct of the candidate presented, Blake & Partners shall proceed to the reimbursement of the fee paid by the Client of the candidate in proportion to the number of weeks remaining for the candidate to work, within the period of eight weeks mentioned above (for example: redundancy in the third week of activity, leaving 5 weeks before the expiry of the 8 weeks: reimbursement of 5/8th of the remuneration).
Any new hiring of a candidate shall entitle the Client to the guarantee provided by this clause as to this (new) candidate, under the same terms and conditions.
23. The guarantee of Blake & Partners may not be invoked in the following eventualities: - A recruitment is cancelled without any valid reason (including if the candidate was made redundant for economic reasons)
- Blake & Partners was not notified by an admissible claim within the meaning of Clause 22 above;
- The fees are not paid to Blake & Partners within the time limit defined in Clause 19 above;
- The reason for the cancellation is not related to the qualifications, capacity or conduct of the candidate;
- The candidate was dismissed for a serious offence;
- For any and all reasons of non-suitability including redundancy owing to force majeure;
- In the event that the candidate commits forgery or use of forgeries by a candidate or by a third party in connection with the mission of Blake & Partners.
24. If one of the clauses of these terms and conditions should become null and void, the validity of the remaining clauses of these terms and conditions shall in no way be affected.
25. Blake & Partners shall under no circumstances be held liable for any error of evaluation (i) as to the references of the candidate, relating to his or her qualifications, skills, personality and experience; (ii) as to the compliance with the various legal and medical requirements relating to the performance, by the candidate, of his or her work, or (iii) any consequence whatsoever connected to the use of false information by the candidate.
26. These contractual terms and conditions shall, unless expressly stipulated otherwise by and between the parties, constitute the sole document governing the rights and obligations of the parties. The client expressly acknowledges that any hiring of a candidate shall imply the acceptance, without any restriction, of a the present terms and conditions.
27. These terms and conditions shall be binding for the Client and any and all eligible parties. .
28. These terms and conditions shall be governed by Belgian law.
29. In the event that the validity or the performance of these terms and conditions is contested, the Brussels courts and tribunals shall have exclusive competence, and the French version of these general terms and conditions shall be the only valid version.