Terms and conditions

Ownership
This website, www.navigatornetwork.nl, is property of Navigator Network, or ‘Navigator’, (Chamber of Commerce, number 60375256)

Use of the website
The access and use of this website takes place under the terms and conditions as indicated below (the ‘Terms’). By gaining access to and making use of this website, including the submittal of any personal information, you agree with these Terms. Navigator reserves the right to make changes to this website and these Terms at any time.

Privacy & Cookies
For information regarding privacy and cookies, please review the privacy & cookies policies which also governs your visit to the Navigator website.

Copyright and trademark notices
This website and all of its contents including, but not limited to, the domain www.navigatornetwork.nl, all software, audio, video, text and images (“Content”) are owned and copyrighted by Navigator with all rights reserved unless otherwise noted. Any content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Navigator. Other company names mentioned or referenced on the website may be trademarks or trade names of their respective owners. You agree that you will not refer to or attribute any information to Navigator in any public medium (e.g., press release, Websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Content of, or imply any endorsement by or relationship without written permission of Navigator. It is not allowed to copy, multiply or edit the information and/or design.

Disclaimer of warranties
The information, materials, services and products included on this website may include inaccuracies or typographical errors. Navigator may make changes or improvements on this website at any time. The materials on this website are provided ‘as is’ and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law, Navigator disclaims all warranties of merchantability and fitness for a particular purpose. Navigator does not warrant that the functions contained in the material on this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. Navigator does not warrant or make any representations regarding the use of or result of the use of the material in this website in term of their correctness, accuracy, reliability, timeliness, or otherwise.

Limits on Liability
Navigator pays the utmost attention and care to the data and information posted on its website. Nevertheless, it is possible that there are some inaccuracies and inadequacies in the website of Navigator. Navigator accepts no responsibility for any loss or damage arising from any errors or inaccuracies in this website. Every visitor that uses the information on this website will do this entirely at their own risk.

Navigator will not be liable for

  1. The contents of any communication, message, or information provided to Navigator by you or other third parties.
  2. The contents of any website not controlled, owned, or operated by Navigator that is accessed from or linked to this website by direct or indirect means.
  3. Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
  4. Any direct, indirect, incidental, special, or consequential damages whether in contract, tort, strict liability or otherwise, arising out of or relating to use of or inability to use this website, even if Navigator has been advised of the possibility of such damages. If certain states do not allow the limitation of liability for consequential or incidental damages, the above may not apply to you.

Indemnification
You agree to indemnify and hold Navigator, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of this website; (b) any alleged breach of these Terms.

Limited License
This website is for your personal and non-commercial use. You are granted a non-exclusive, non-assignable and non-transferable license to use this system only under these Terms. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the system, www.navigatornetwork.nl as a whole, software, products, or services obtained from or available as part of or in conjunction with this system.

The website may be used only by you, and you may not rent, lend, sub-license or transfer the website or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the website. You may not transfer to or store any data residing or exchanged over the website in any electronic network for use by more than one user unless you obtain prior written permission from Navigator.

Law
These Terms and any dispute that might arise between you and Navigator, or its licensees, with respect to the website shall be governed by the laws of the Netherlands, without regard to principles of conflict of laws and relevant federal laws. Irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the courts located in The Netherlands. Use of this website is unauthorized in any jurisdiction that does not affect to all provisions of these Terms, including without limitation this paragraph.

Third-party Websites
We may provide links to third-party websites, and some of the content appearing to be on this website may be supplied by third parties. Navigator Network has no responsibility for these third-party websites, which are governed by the Terms and privacy statement, if any, of the applicable third-party content providers.

Contact Information
If you have any questions concerning this website or its policies, please contact us at info@navigatornetwork.nl

GENERAL TERMS AND CONDITIONS

Navigator Network’s professional fee is a percentage of the anticipated first full-year, or annualised, total compensation package. This consists of base salary, based on a 40 hour work week, projected annual bonus, sign-on bonus, holiday allowance and other components of compensation that would be included in annualised compensation.

Our professional fee consists of a non-contingent retainer part, which is based on an estimate of the anticipated total compensation and a final instalment upon the successful completion of the assignment (when the total compensation is known). Upon the hiring of a candidate (internal or external) you agree to disclose the placement’s compensation package and if a third of the total compensation defined above exceeds the retainer, we would issue a final invoice to account for this difference. If a third of the total compensation is less than the retainer, the retainer will be the full and final fee. Should we complete the assignment prior to the end of the retainer period, our full fee will be due.

Expenses related to meetings and travel, videoconferencing, and third-party verification and background investigative reports are billed separately. Significant items such as international air travel and requested advertisements will be cleared with you in advance.

If you, or any successor or related entity (including, if applicable, other portfolio companies for investment firms) hire any candidates we presented or identified to you, whether upon your request or proactively by us, in other positions as an employee or board member during the search or within two years from its completion or termination, we will bill you our standard fees accordingly. We will add applicable VAT or other service taxes to the invoices for professional services and expenses and our invoices are due and payable upon receipt.

Navigator Network will be the only consulting firm used on this assignment to recruit and assess candidates (internal and external) for the position until either the assignment is completed or our involvement is terminated. This means that no other executive recruiting firms will present candidates or assess our candidates for the position. If you have already considered candidates for the position, you agree to provide us with the names and reasons why these candidates were not appropriate for the position so that we can refine the position specification and avoid contacting
individuals that you have already eliminated.

You can cancel this engagement at any time and for any reason. Upon cancellation, the retainer instalments are considered earned and due as billed, subject to a minimum charge of the first instalment plus expenses. Should you cancel the search without hiring a candidate for the position outlined in the letter, but then, within two years from cancellation, hire someone we presented or identified for this position, we will bill you the fees as described above less any amounts already paid.

We may suspend or terminate the assignment for any of the following reasons: a change of control or significant restructuring of your organisation or related entities that leads to a substantial change in the likely appeal of the position to potential candidates; a liquidator, manager or receiver is appointed to your organisation or one of its related entities; or if the account balance becomes thirty days overdue. Should there be no placement after the lapse of the estimated length of time for an assignment or should you significantly revise, delay, or suspend the assignment, the search will be reviewed in detail with you and, if necessary, changes made in the specification or search approach. Depending on the scope of any proposed redirection, we may submit a supplementary proposal letter, possibly incorporating additional fees, or terminate the assignment.

Navigator Network agrees to conduct a replacement search should you hire one of our candidates for the position outlined in the letter and that individual is later terminated or resigns from the position within 6 months of the date of hire for reasons that we should have identified during the search assignment. In such event, assuming no material change to the candidate specification, we will apply the original search fee toward the replacement search and pass on only out-of-pocket expenses. Our work in replacing the person will be the extent of our liability in respect of our assignment. In addition, we cannot be liable for any consequential or other indirect damage resulting from the performance of this assignment. We will hold the hired candidate “off-limits” on a permanent basis and will not approach any of the hired candidate’s direct reports for a period of one year from the completion of the search. There may be situations in which a current employee is in discussions with us for other employment opportunities before the execution of this agreement, and as a result, that person will not be subject to this policy. The above off-limits policy would not apply if an employee formally declares their intention to leave your organisation, submits an application with us in response to an advertisement, or registers with our online database. If the employee in these circumstances is approached, we would alert you without revealing the identity of the applicant and discuss the appropriate action. Lastly, the above off- limits would not apply if you cancel the search, experience a change in control, fail to pay the total fees owed, become insolvent, or if applicable law disallows.

It is our policy to identify, evaluate and present candidates in a non-discriminatory manner in relation to the ‘ideal candidate specification’ and in accordance with applicable law. We agree to process the personal data of candidates in accordance with the Data Protection legislation currently in force. We request that you commit to us that all personal data provided during an assignment is given the same level of protection and only used for legitimate purposes in consideration of the candidate for the position.

Any dispute arising out of or in connection with the present contract shall be finally settled in proceedings conducted in the Dutch language by Dutch law.