General Terms and Conditions
- These General Terms and Conditions govern all services in the form of the provision of temporary agency workers, staffing services, recruitment & selection offered by ZeelZ and work to be performed and project organisation by ZeelZ, so that the client is deemed to have accepted these General Terms and Conditions. Applicability of any General Terms and Conditions on the side of the client is specifically excluded, also if the client has specifically stated that his General Terms and Conditions apply to the agreement. Exceptions to these General Terms and Conditions are valid only if explicitly confirmed in writing by ZeelZ.
- The following terms will have the stated meaning in these General Terms and Conditions:
a. ‘temporary agency worker’: any natural person who, through ZeelZ, performs work or will be performing work for a client;
b. ‘client’: any natural person and/or legal entity that, through ZeelZ, uses the services of temporary agency workers, as specified under a.;
c. ‘contract’: the agreement between ZeelZ and the client, based on which a single temporary agency worker performs work (each time) for the client in question following intermediary services provided by ZeelZ. Every contract has a duration of at least 4 hours. - In case of cancellation of ongoing (permanent) contracts, the client will be charged the following:
• cancellation up to five working days (Monday to Friday, regardless of the time of day) before deployment of the temporary agency worker: 100% of the hours requested; - In case of (full or partial) cancellation of fixed-term projects (promotions, events), the client will be charged the following for each request separately:
• cancellation up to five working days (Monday to Friday, regardless of the time of day) before deployment of the temporary agency worker: 100% of the hours requested;
• cancellation up to six working days (Monday to Friday, regardless of the time of day) before deployment of the temporary agency worker: 50% of the hours requested. - All ZeelZ offers and contracts are without commitment until signed, unless specifically agreed otherwise in writing, and are without VAT. Both the signing, i.e. awarding of a contract by the client to ZeelZ, or the procurement of a service by the client constitutes agreement.
- The client assumes all liability and agrees to indemnify ZeelZ against any loss or damage sustained or caused by the temporary agency worker in the performance of the work as if there were a direct employment relationship between client and the temporary agency worker.
ZeelZ will furthermore not be liable in any way for (direct or indirect) loss or damage and consequential loss or damage sustained by third parties or the client caused by temporary agency workers. The client is under an obligation to take out adequate insurance that covers all kinds of costs, losses, or damage as may ensue from the work, including actual costs incurred for legal assistance. This is because temporary agency workers work under the direction and supervision of the client.
Neither can ZeelZ be held liable for any commitments that temporary agency workers provided by ZeelZ have entered into with, or which have arisen for or on account of them towards the client or third parties, either with or without the consent of the client or the third parties involved.
ZeelZ can never be held liable for loss or damage in any shape or form that is the result of the temporary agency worker not showing up for work and/or being sick. ZeelZ shall go to every effort and will be given time to secure a substitute as soon as possible. - The client agrees to at all times indemnify ZeelZ against claims against ZeelZ as may be lodged on account of non-compliance with obligations, and authorises ZeelZ to assign its entitlements in this respect to the immediate party or parties concerned or enforce them partly on behalf of ZeelZ against the client.
- The client will at all times be under an obligation to pay the invoice issued by ZeelZ for temporary agency workers provided within 14 days after the invoice date, unless the client and ZeelZ have agreed on a different arrangement.
- If an invoice issued by ZeelZ has not been paid within 14 days after the invoice date, the client will after that term be liable to pay statutory interest, as well as legal and other costs incurred by ZeelZ in claiming the amount due. The copy of the invoice sent by ZeelZ constitutes complete proof of interest being due and of the date from which interest can be charged.
- If the client wants to dispute an invoice, the client must do so in writing within eight days after the invoice date. After this eight-day term, the invoice can no longer be disputed and the client will have forfeited the right to do so.
- A client who wants to enter into a direct employment relationship with a temporary agency worker who has been introduced or provided to the client or wants to have the temporary agency worker perform work directly or through a third party, must notify ZeelZ thereof in writing beforehand and terminate the contract as per the Recruitment & Selection Terms and Conditions.
If the client enters into an employment relationship with a temporary agency worker introduced, trained, or posted by ZeelZ within 12 months after the introduction or end of the posting without having reached agreement on the consideration payable to ZeelZ, consideration will be payable nonetheless. The consideration amounts to 100% of the most recently applicable contract fee for the temporary agency worker involved, for the duration of the usual solicitation term of 1040 hours, in the form of compensation to cover overheads and other costs.
This provision applies to any form of collaboration, any kind of employment relationship, or employment entered into within 12months after the introduction, training, or end of the posting. All contracts are subject to the Recruitment & Selection Terms and Conditions.
About our General Terms and Conditions
ZeelZ delivers human resources. We provide the right professionals. This is very different from supplying goods. And so, we have organised a number of things in a way that ensures that all parties involved are protected.
Please find below a short summary of the main points from our General Terms and Conditions.
Contract duration
We always try to coordinate the length of the contract with you in advance as best as possible. There are three options, whereby we go by the first one as standard:
• You ask ZeelZ for flexible professionals where and when you need extra hands for whatever reason. You will then be charged the standard hourly rate by ZeelZ. We draw up a framework agreement for an indefinite term without guaranteed hours or any kind of regularity that you can terminate at any time;
• You guarantee that you will hire the professional for a certain number of hours per year. We will record this in the framework agreement and you will pay a lower hourly rate. Such an agreement cannot be terminated early;
• You guarantee a certain number of hours per week/month/quarter for a certain period of time (at least a year), with regularity and on an ongoing basis. This will also be recorded in writing and this kind of agreement comes with the most favourable hourly rate. This kind of agreement will end on the agreed date and cannot be terminated early.
Liability
For a number of (statutory) obligations, we depend on you as the client. This includes termination of the posting at your request or rules on working hours with respect to the collective labour agreement. The correct and timely sending of user company remuneration details or framework agreement by you is, for example, also something we have no control over. We need to be able to rely on you to cooperate as and when necessary and be able to challenge you when costs or risks arise as a result of lack of cooperation on your side.
We have no control over the flexible worker’s work and the circumstances in which he or she performs the work. Those are things for which you are responsible. Under current Dutch working conditions legislation, you are the flexible worker’s ultimate ‘employer’ and therefore liable in case of loss or damage.
Payment
We take care of paying our flexible workers. As soon as we have paid them, we prepare your invoice. This means we pay a large part of the remuneration upfront. To keep the costs involved under control, we have a payment term of fourteen days. Failure to pay within this fourteen-day period will lead to you being liable to pay interest and possible collection charges.
Direct employment relationship
Ongoing recruitment of flexible workers and keeping them available is cost-intensive work. Needless to say, you can enter into a direct employment relationship with a professional we have introduced to you or already posted to your company. In fact, we always take this as praise, because it means that we found the right professional for you. If you do so within a year after we introduced the professional to you or within a year after termination of the professional’s services, you will be required to pay us a consideration. After all, you have found a fantastic new employee thanks to ZeelZ Personeelsbureau.
Questions about the General Terms and Conditions?
Feel free to get in touch with us.