Below are the terms and conditions applicable to the collaboration between TREK STOCKHOLM AB (559477-0470), and the Client.
Version 2024-06-15.
Application
These terms apply to all advice and services provided by TREK (the Contractor) to our Clients (the Client), along with any additions and adjustments specified in the Assignment Agreement.
Conflicts
In the event of any conflicts between these General Terms and the Assignment Agreement, the Assignment Agreement shall take precedence.
Agreement on Assignment
Assignment Agreement
Assignments are confirmed through a jointly signed Assignment Agreement between the Contractor and the Client, in which the content of the Assignment is specified.
The Assignment Agreement should clarify the nature, scope, price, compensation form, billing method, approach, delivery form, validity period, any guarantees, the length of the Assignment, and the timeline.
Agreements on specific Assignments are exclusive unless otherwise agreed. However, a general Collaboration Agreement does not restrict the Client from working with other potential providers.
Agreements on the above may also be made via email, another channel, or verbally.
A conducted startup meeting is considered, according to these terms, as an activation of the assignment, and the basis for compensation is accepted.
Unless otherwise agreed, a new assignment should be activated within 14 days of approval of the Assignment Agreement.
Changes and Additions
Changes to and additions to an existing Assignment Agreement are only valid if confirmed in writing by both Parties.
The Assignment Agreement constitutes the entire agreement between the Parties concerning the Assignment. It replaces and supersedes any previous proposals, correspondence, agreements, or other communication, written or verbal.
Execution of the Assignment
Contractor’s Commitment
The assignment shall be performed with care and in a professional and expert manner. The Contractor is thus obliged to take any necessary initiatives to gain the required knowledge and understanding of the Assignment and its execution. All work shall be carried out by suitable, qualified, and competent personnel for the purpose.
The Contractor shall provide continuous feedback and ongoing status reports to the Client, including information on the progress, challenges, and results of the assignment. The assignment should also be structured in an appropriate number of steps (sprints), where the parties hold meetings to summarize the current status, successes, any setbacks, actions, and next steps.
The Contractor is responsible for ensuring that a consulting assignment is carried out professionally and in accordance with good practice in the industry.
Client’s Commitment
The Client is responsible for ensuring that decisions are based on sufficient and high-quality information. All necessary information and documentation required for the execution of the Assignment must be provided. 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 material or does not take the actions required for the execution of the Assignment, this may cause delays and additional costs. The Contractor is not responsible for such delays and additional costs, whether it concerns increased fee costs or other additional costs.
The Client is responsible for the management of a provided consultant, ensuring control and follow-up, and providing the necessary information, documentation, and instructions, as well as authorization to ensure the execution of the assignment. The provided material will be returned to the Client after the completion of the assignment.
The tasks in the assignment are described in a plan, prepared in consultation with the primary consultant and the Client. The consultant then undertakes to follow this plan in the execution of the assignment.
For the delivery of Staffing, the Client undertakes to provide and bear the cost of necessary office services such as workspace, mobile phone, computer, office supplies, and other necessary equipment in connection with the consultant’s service at the Client.
The Client is obliged to comply with Chapter 3, Section 12 of the Work Environment Act by informing the hired consultant about laws and regulations, as well as internal instructions and routines, and otherwise take necessary protective measures to avoid and prevent the consultant from being exposed to ill health or accidents.
Process
A complete Assignment via the Contractor normally includes the steps establishment, definition, activation, identification, conversion, evaluation, closing, and follow-up.
More specific information about the content of each individual assignment is discussed and clarified in the Assignment Agreement. The assignment is defined in detail, based on the above steps, both before and during the startup and activation.
Partial delivery of the above steps is also possible when appropriate.
Each assignment is led and executed by a Talent Manager from the Contractor, in close cooperation with their colleagues and in continuous dialogue with the Client.
All necessary administration is included. See also below.
Services
The Contractor provides services aimed at both temporary and permanent needs in competency mediation. The range includes freelance, interim, staffing, recruitment, and executive search, with additional services such as branding and quality assurance via the service Additions.
Temporary
Freelance
Interim
Staffing
Agency
Team
Permanent
Recruitment
Executive Search
Additions
Boost
Branding
Headhunting
Quality Assurance
More comprehensive descriptions of each delivery or additional service are available at www.trek.se.
Projects and Subscription
Bundle
A Bundle refers to an assignment where the goal is to fill multiple roles within a specified time period and for the same recruiting party. Only one startup and activation are conducted, and the process is managed as a consolidated plan. The total fee is then reduced, taking into account the volume (number of roles) and allowing for more cost-effective management.
Access
Access is an exclusive collaboration between the Contractor and the Client, where the parties agree that an estimated number of roles will be filled within a specified period of six (6) to twelve (12) months. The fee per recruitment is then reduced based on the total number of roles, calculated at an average price.
The fixed monthly fee gives the Client unlimited access to the Contractors network and internal resources during the period. A dedicated Client Manager is appointed, and monthly reviews are conducted.
Compensation
Payment for the delivered service is charged according to the calculation methods specified in the Assignment Agreement. The compensation may consist of a fixed fee, percentages of a specified amount, or an hourly rate on a running account or an agreed price.
If a reduction in fees is due to volume or other factors, it is applied at the final invoicing of the assignment or project.
If calculation methods are not specified in the Assignment Agreement, the Contractor will charge a reasonable fee, considering factors such as resource usage, including specialist knowledge, complexity of the assignment, research and know-how developed by the Contractor, use of technology and structural capital, as well as if the assignment was so urgent that the work had to be performed outside regular working hours, such as weekends or during vacation periods.
Regardless of whether billing for the Assignment is on a running account or an agreed price, the Contractor has the right to charge a startup fee at the start of the agreement, as agreed in the Assignment Agreement.
Recruitment
For recruitment assignments, the fee is usually divided into three stages: 20% at startup, 30% upon candidate presentation, and the remaining 50% upon completion of the assignment.
When multiple candidates are recruited within the same assignment, two options for reducing the total fee are offered:
1. Planned recruitment of additional candidates:
If it is initially desired to recruit more candidates, a 20% reduction of the total fee is applied for each additional candidate, without an additional startup fee.
2. Additional recruitment during the process:
If additional candidates are selected during the process, a 50% reduction of the total fee is applied for each additional candidate, provided these candidates are presented and recruited together.
The above arrangement is valid for 12 months from the completion of an assignment for all presented candidates.
These options are designed to offer flexibility and cost efficiency, tailored to the need to include more candidates in the recruitment process.
Consultancy
The compensation for consultancy services is usually a cost per hour but may also be a fixed sum per day, week, or another set period, or a predetermined fee for a specific delivery.
Other
For “BOOST” assignments, the entire payment is normally made upon completion.
For the Access delivery model, a fixed monthly fee is paid in advance each month during the contract period. Additional compensation per completed recruitment is paid as agreed with the respective fulfilled recruitment.
All prices quoted are exclusive of VAT.
Other Costs
Any costs for purchasing external tests or alternatives are additional.
Travel and accommodation costs are charged at the actual cost. Travel time outside the relevant metropolitan area and regular working hours is charged at 50% of the regular hourly rate.
For travel costs incurred by the assignment and ordered by the Client, travel and subsistence allowances are paid in accordance with the Swedish Tax Agency’s guidelines.
The above does not apply to travel to and from the regular workplace.
Delivery Time
A reasonable delivery time for the Assignment is established in the Assignment Agreement, in consultation with the Client. However, the delivery time may be affected by factors beyond the Contractor’s control and is therefore primarily an estimate and a mutual goal together with the Client.
The Contractor has the right to adjust parts or the entire schedule in the event of unforeseen difficulties or challenges.
The Contractor cannot be held responsible if more time than planned is required if the Client has been unavailable.
Quality Assurance
For both recruitment assignments and consultancy services, screening of Candidates is included – in-depth interviews are conducted, any work samples are evaluated, and at least two references are obtained.
The handling and administration of any cases, work samples, and tests are usually included (not in the BOOST delivery), and if necessary, credit checks and criminal record checks are conducted.
After the delivery of a recruitment or consultancy service, the Contractor conducts both qualitative and quantitative evaluations.
After the final candidate has been employed by the Client for three (3) and six (6) months, the Contractor follows up on the expected performance with both the Candidate and the Client.
In a consultancy service, the status is monitored continuously during and after the completion of the Consultancy assignment.
Payment Terms
If the Assignment is performed at an agreed price, billing shall be done according to the agreed payment plan, as stated in the Assignment Agreement.
Payment shall be made against an invoice. In the event of payment after the due date, late payment interest will be charged according to the Swedish Interest Act.
If the Client does not pay on time, the Contractor has the right to temporarily suspend the Assignment after written notification until payment is made.
If the Client does not pay a claim on time, the Contractor has the right to immediately suspend the Assignment until the outstanding claim is fully paid, and the Contractor is then free from responsibility for a delay or any other damage that may result from the suspension.
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 a payment reminder. The Contractor is then also entitled to full compensation as agreed in the Assignment Agreement. The same applies if the Client does not pay on time for another assignment that the Contractor performs.
In the event of repeated payment delays for a provided consultant, the Contractor also has the right to revise or completely remove the consultant’s agreed notice period. The Contractor is also authorized to give the provided consultant the opportunity to direct their payment claims for time spent and any contracted notice period directly against the Client.
Payment is due 15 days from the invoice date for consultancy assignments and 30 days for other services unless otherwise agreed in the Assignment Agreement.
If the Company desires longer payment terms than the above, an additional charge will be added to the billing as follows: Payment terms +15 days result in a 4% surcharge on the price.
If a reminder must be sent, a reminder fee of SEK 60 will be charged.
In the event of delayed payment, late payment interest will be charged according to the Swedish Interest Act.
In the event of non-payment, the matter will be handed over to an external collection service provider. If this occurs, costs will be added in accordance with the Swedish Debt Collection Act.
Claims
Any defect or deficiency in the performance of the Assignment by the Contractor must be immediately reported in writing by the Client to the Contractor for prompt remediation.
Any defect or deficiency discovered by the Client after the Assignment has been completed or terminated must be reported in writing no later than 15 calendar days after the defect or deficiency was discovered or should have been discovered following the completion of the Assignment.
The Assignment is considered completed when the employment agreement has been signed, the consultancy assignment has been delivered, or the assignment is otherwise deemed to be completed.
The claim must clearly state the nature and extent of the defect or deficiency.
The Client’s right to any potential compensation or price reduction is forfeited if the Client does not file a claim within the prescribed time and in the prescribed manner.
The Contractor must be given the opportunity to remedy any defect or deficiency within a reasonable time, by providing a new delivery, before the Client makes any claim for compensation.
In the case of consultancy services, the Client must promptly report any incorrect or deficient services to both the consultant and the Contractor for immediate action.
Guarantee
In certain deliveries, guarantees are provided, which are valid from the candidate’s or consultant’s first working day and for an agreed period forward in time.
Any guarantee is addressed and clarified in the respective Assignment Agreement. The guarantee applies in cases where it is found that the candidate does not meet the requirements specified before and during the assignment. This includes additional requirements, as well as any adjustments and identified deficiencies accepted by the Client.
In cases where the guarantee is deemed valid by both parties, within the agreed timeframe in the Assignment Agreement, the Contractor undertakes to find a new candidate without additional fees.
The guarantee is valid provided that the position or task remains the same as per the current agreement and that the candidate has been given the proper conditions to fulfill their commitment.
If the candidate chooses to terminate their employment or consultancy assignment because the Client has not fulfilled their responsibilities as an employer or Client, the guarantee does not apply.
To invoke the guarantee, the Contractor must be informed of any perceived deficiencies with the candidate no later than halfway through the guaranteed period and after the start of employment. For provided consultants, information must be given within 14 calendar days.
Termination
The Client always has the right to terminate a recruitment assignment or a provided consultancy.
Recruitment
In the event of the termination of a recruitment, the Contractor charges only for the last started phase of the process, in accordance with the Assignment Agreement. If the Client has started evaluating the presented candidates, an additional portion of the total fee for the assignment is charged. The standard is 20% of the total agreed fee for the assignment.
Termination is not accepted if the Client has found a candidate independently that was avoided presenting to the Contractor with the intention of incorporating them into the joint process.
In the case of termination of a consultancy assignment, the terms specified in the Assignment Agreement and the notice period defined for the project apply.
The Contractor reserves the right to terminate or request a restart of the Assignment if significant changes occur that markedly affect the conditions for the Contractor to carry out the Assignment. Examples include significant changes in the Client’s organization or more extensive adjustments to the role.
If one or more candidates withdraw in the later stages of the Assignment, the Contractor is obliged to present new candidates. However, this does not apply if the withdrawal occurs because the Client has acted too slowly, despite repeated reminders from the Contractor. At this stage, the Contractor has the right to charge again for the presentation of new candidates or to terminate the process.
The above terms also apply in the event of a prolonged interruption that has caused the Assignment to lose identified relevant candidates, resulting in the need for the Contractor to identify and evaluate new candidates.
A pause in an ongoing assignment is allowed for a total of fourteen (14) days. After that, the assignment is treated as a termination unless otherwise agreed between the parties.
If the Client terminates Bundle or Access before the number of ordered roles specified in the Assignment Agreement is filled, a cost for the difference against the gross price is incurred.
Consultancy
In the event of cancellation or rescheduling that occurs eight (8) to four (4) weeks before the implementation, 50% of the estimated first month’s cost is charged. For cancellations later than four (4) weeks before the implementation, 100% of the estimated first month’s cost is charged.
If the implementation is postponed by less than six months, the Client may credit the entire charged amount. Rescheduling can only be done once. Trib cannot guarantee the availability of the named resource at rescheduling, nor the exact fee.
Additional costs chargeable according to the agreement may apply. Invoicing is done in connection with the above.
Each party has the right to terminate a consultancy assignment in writing with immediate effect if the other party files for bankruptcy, is placed into liquidation, initiates a composition or similar procedure, or breaches the terms of the Agreement and does not rectify within thirty (30) days after the other party has given written notice to remedy the breach.
Upon termination and/or immediate cessation of an Agreement, the provided consultant must immediately and without cost to the Client return all confidential information and any copies made thereof to the Client.
Exclusivity
The Contractor has exclusivity as a partner for an ordered and activated assignment unless otherwise stipulated in the Assignment Agreement. All candidates must then go through and be handled by the Contractor, including candidates who come into direct contact with the Client during the assignment period.
Any candidates that the Client has already met or has ongoing dialogues with for the current need must be disclosed to the Contractor and either excluded or included in the Assignment, before or during the startup of the collaboration.
If the Client or affiliated subsidiaries/companies choose to hire or engage candidates or consultants presented by Trib within twelve months of the conclusion of the Assignment, the Contractor has the right to compensation according to the current Assignment Agreement or Trib’s general fee.
When re-engaging a hired consultant within twelve months of the last completed assignment, the Client undertakes to go through the Contractor for any extensions or new assignments.
The above terms also apply if the Client presents a candidate to another organization or affiliated subsidiaries/companies.
In the event that a candidate referred by the Client is ultimately recruited during a process, a deduction may be made as agreed in the Assignment Agreement.
Consultant Replacement
Trib ensures that the provided consultant has the necessary competence for the assignment. Replacement of the engaged consultant for the assignment can be made upon agreement. In the event of unplanned, occasional absences, such as illness or care for a sick child, Trib does not replace the selected resource with another consultant.
For longer absences, Trib will offer a suitable replacement without undue delay. Trib is not responsible in such cases for the assignment being performed without delay.
If the consultant chooses to terminate the assignment, or if the Client wishes to terminate the assignment with the existing consultant, Trib undertakes to offer the Client a new consultant at no additional cost.
Consultant Takeover
In the event of the recruitment of a demonstrably processed, presented, and/or provided consultant during or 12 months after the completion of an Assignment, the cost is as stipulated in the Assignment Agreement. If not stipulated, the fee is according to the current price list, but not less than SEK 250,000.
The consultant must have been engaged for at least 30 days before recruitment can take place.
Liability
The Contractor is liable to the Client for any damages caused to the Client due to negligence by the Contractor, subject to the limitations specified below.
The liability for damages does not, in any case, extend to consequential damages or indirect damages such as loss of profit, loss, or reduced revenue. The Contractor’s liability per Assignment is limited to the compensation for the Assignment, but not exceeding ten (10) times the current price base amount according to the Swedish Social Insurance Act (1962:381) at the time of the agreement.
The Contractor is not liable for damages resulting from incorrect instructions or insufficient information provided by the Client, or from the Client’s lack of participation in the execution of the Assignment.
The Contractor shall maintain liability insurance with a coverage amount corresponding to the liability amounts specified above. The Contractor shall provide proof of such insurance upon the Client’s request.
Confidentiality and Intellectual Property Rights
Unless otherwise required by law or applicable professional standards, the Parties agree to the following confidentiality obligations.
Each Party undertakes not to disclose confidential information about the Assignment to third parties, nor information about the other Party’s business and affairs, without the written consent of the other Party, unless this is necessary for the performance of the Assignment. The Contractor is responsible for ensuring that any subcontractor is bound by this confidentiality obligation.
Confidential information refers to any advice and information, whether oral or written, of a technical, economic, or commercial nature exchanged between the Parties during the Assignment or which either Party becomes aware of in connection with the Assignment.
The Parties have the right and sometimes the obligation to disclose confidential information if required by law, professional obligation, or a government decision.
The Contractor or consultants provided by the Contractor shall not, according to this agreement, acquire any ownership rights of any kind over the Client’s intellectual property rights, data, or material, regardless of format or medium. To the extent that the Contractor or consultants provided by the Contractor create modifications to intellectual property rights, data, or material, such modifications are exclusively owned by the Client.
Force Majeure
The Contractor is released from the obligation to fulfill its part of the agreement and from the obligation to pay damages if the Contractor’s commitments cannot be fulfilled at all or only at abnormally high costs due to Swedish or foreign legislation, Swedish or foreign government action, acts of war, acts of terrorism, fire, storm, explosion, strike, blockade, boycott, and lockout, pandemic, or other similar circumstances.
The Contractor must promptly notify the Client in the event of Force Majeure.
Data Processing
Within the framework of the Assignment and in accordance with the EU General Data Protection Regulation (GDPR), the Contractor will process personal data provided voluntarily by the Client and personal data obtained by the Contractor from internal and external registers on behalf of the Client.
The Contractor shall take the necessary technical and organizational measures required by the Data Protection Act to protect such personal data from unauthorized access, destruction, and alteration.
All personal data at the Contractor is handled in accordance with GDPR. Personal data related to a specific Assignment is stored for a maximum of 12 months unless the candidate requests otherwise.
The Client is responsible for their handling of personal data and must ensure that they have their own procedures that comply with GDPR and candidates processed within the framework of each Assignment.
See also our Privacy Policy.
Insurance
The Contractor has liability insurance from Trygg Hansa, with a coverage amount of SEK 10,000,000.
Agreement Duration and Termination
These terms apply from the day the Assignment Agreement is signed and for the duration specified in the agreement.
A Party has the right to terminate the agreement with immediate effect by giving written notice to the other Party if:
a) the other Party materially breaches the agreement and has not remedied the breach within thirty (30) days after written notice to do so; or
b) the other Party is declared bankrupt, initiates composition negotiations, goes into liquidation, or is otherwise deemed to be insolvent, or if the other Party is prohibited from conducting business and fails to immediately provide adequate security for its obligations upon request; or
c) if the Party transfers the agreement to another without the consent of the other Party.
Disputes
Disputes regarding the interpretation and application of the agreement concerning the Assignment and related legal relationships shall, with the exceptions stated below, be settled by arbitration in accordance with Swedish law on arbitration in force at the time.
If the value of the claim is evidently not exceeding twenty-five (25) times the current price base amount according to the Swedish Social Insurance Act (1962:381), and the parties do not agree otherwise, the arbitration board shall consist of a single arbitrator. Concerning undisputed overdue claims, the Contractor has the right to make claims in the general courts.
Unless otherwise specifically agreed between the Parties, Swedish law shall apply.
If any provision of the Assignment Agreement is found to be invalid, this shall not render these general terms or the Assignment Agreement as a whole invalid. To the extent the invalidity affects a Party’s rights or obligations, reasonable adjustment shall be made.