1. Definitions
- "InitLabs" refers to Initlabs B.V., registered in the Netherlands (KVK: 95157565), providing IT staffing services.
- "Client" refers to any company or organization that engages InitLabs for IT staffing services.
- "Professional" refers to any IT professional provided by InitLabs for an engagement.
- "Services" refers to all staffing, placement, and related services provided by InitLabs.
- "Engagement" refers to the period during which a Professional performs work for a Client through InitLabs.
- "Agreement" refers to the signed contract between InitLabs and the Client, including these Terms of Service.
- "Confidential Information" refers to all non-public information shared between parties during the course of an engagement.
2. Services
InitLabs provides the following IT staffing services:
- IT Staffing: Placing IT professionals for ongoing client engagements, with InitLabs handling contracts and administration.
- Talent Placement: Sourcing and presenting qualified IT professionals matched to specific client requirements.
- Team Extension: Augmenting existing client teams with one or more IT professionals for defined periods.
- Project-Based Staffing: Assembling teams for specific projects with defined scope and timelines.
- Direct Hire: Recruiting IT professionals for permanent positions within the client organization.
3. Client Obligations
The Client agrees to:
- Provide accurate and complete requirements for each engagement
- Give timely feedback during the selection and matching process
- Evaluate professionals fairly, based on skills and demonstrated ability
- Maintain safe and appropriate working conditions for professionals
- Respect the non-solicitation clause: not directly engage any Professional introduced by InitLabs for a period of 12 months following the end of an engagement, unless a transition agreement has been reached
4. Professional Engagement
Unless a direct hire arrangement has been agreed, all Professionals remain contracted to InitLabs for the duration of the engagement. InitLabs handles payroll, benefits, and administrative matters.
Intellectual property created by a Professional during an engagement belongs to the Client, provided the work falls within the scope defined in the Agreement.
Both parties and the Professional are bound by confidentiality obligations as described in Section 8.
5. Fees and Payment
Fees are determined per Agreement and may be structured as hourly rates, project-based fees, or placement fees depending on the service type.
- Invoicing occurs monthly, based on approved timesheets or project milestones
- Payment terms are net 30 days from invoice date
- Late payment incurs statutory interest as defined by Dutch law
- InitLabs reserves the right to suspend services after 14 days of overdue payment
- Rate adjustments may apply after 12 months, with a minimum of 60 days written notice
6. Guarantees
Staffing Engagements
If a Professional does not meet the agreed requirements within the first 20 working days, InitLabs will provide a replacement at no additional cost.
Direct Hire
If a directly hired Professional leaves the client organization within 90 days, InitLabs will conduct a replacement search at no additional placement fee.
7. Transition to Direct Employment
After a minimum engagement period of 6 months, a Client may request to transition a Professional to direct employment. A transition fee applies, as specified in the Agreement.
The transition fee reduces proportionally based on the length of the preceding engagement. Specific reduction schedules are outlined in the individual Agreement.
8. Confidentiality
Confidentiality obligations remain in effect for 2 years following termination of the Agreement or engagement, whichever is later.
Exceptions to confidentiality apply for:
- Information that is or becomes publicly available through no fault of the receiving party
- Information already known to the receiving party prior to disclosure
- Information independently developed without reference to Confidential Information
- Information required to be disclosed by law, regulation, or court order
9. Limitation of Liability
InitLabs' total liability under any Agreement is capped at the equivalent of 12 months of fees paid or payable under that Agreement.
InitLabs is not liable for indirect, consequential, or incidental damages, including but not limited to loss of profit, data, or business opportunity.
Force majeure applies to events beyond reasonable control, including natural disasters, government actions, infrastructure failures, and pandemics. Neither party is liable for delays or failures caused by such events.
10. Termination
Either party may terminate an Agreement with 30 days written notice.
Immediate termination is permitted in the following cases:
- Material breach that remains unremedied 14 days after written notification
- Insolvency, bankruptcy, or liquidation of either party
Upon termination, outstanding invoices remain payable and confidentiality obligations survive as specified in Section 8.
11. Governing Law
These Terms of Service are governed by the laws of the Netherlands. Any disputes arising from or related to these terms or any Agreement will be submitted to the competent courts in Arnhem, the Netherlands.
12. Changes
InitLabs reserves the right to update these Terms of Service. Active clients will receive at least 30 days written notice before changes take effect. Continued use of services after the notice period constitutes acceptance of the updated terms.
13. Contact
Initlabs B.V.
Kelvinstraat 34A, 6601HE Wijchen, The Netherlands
KVK: 95157565
BTW: NL867023430B01
Email: contact@initlabs.nl
Phone: +31 (0)6 539 476 47