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Terms and conditions

Chapter 1: Publication

Article 1: Application

These general terms and conditions apply to all offers, assignments and agreements of Flexhub Group B.V. Chamber number 73301140. Flexhub Group B.V. includes the following affiliated companies: Flexhub B.V. Chamber with the number 71226206 (all of them will be referred to as Flexhub).
Any terms and agreements that deviate from these General Terms and Conditions shall only apply if and to the extent that such deviation has been confirmed in writing.
The application of any purchase terms or other third party terms is expressly excluded, unless otherwise agreed in writing.
If one or more provisions of these General Conditions or the Assignment (confirmations) are invalid or declared invalid, the Assignment (confirmations) and the General Conditions shall otherwise remain in force.
Provisions that are not legally valid or cannot be legally enforced will be replaced by provisions that are as close as possible to the purpose of the provisions being replaced.
Once an award (confirmation) is accepted in these General Terms and Conditions, upon entering into a new award (confirmation) the terms will be renewed implicitly.
These General Terms and Conditions shall apply to any offer by Flexhub and to any order (confirmation) between Flexhub and Customer to which Flexhub has stated that these General Terms and Conditions apply, and to resulting deliveries and services of any kind between Flexhub and Customer, unless the parties have expressly deviated from these General Terms and Conditions in writing.

Article 2: Definitions

In these General Terms and Conditions the following definitions shall apply:

Flexhub: Flexhub Group B.V. Flexhub.com. Flexhub Group B.V. includes the following affiliated companies: Flexhub B.V. S.C. No. 75462850 and Flexhub III B.V. S.C. No. 71226206.
Temporary employment contract: the temporary employment contract referred to in Section 7:690 of the Dutch Civil Code, without being a payroll contract under Section 7: 692 of the Dutch Civil Code has been concluded between Flexhub and the Temporary Employee, whereby the Temporary Employee is temporarily made available by Flexhub in the context of the exercise of the profession or business, to various Clients for the performance of (temporary) work under the supervision and management of such Client(s) in accordance with the instructions given to Flexhub by such Client(s) and Flexhub may make the Temporary Employee available to other Clients without consent of the Customer. A temporary employment agreement shall also be understood as a secondment agreement.
Temporary Employee means a person who enters into a temporary employment agreement with Flexhub as a temporary employment agency. This also includes the seconded person.
Client: i) the party (third party (within the meaning of Section 7:690 of the Dutch Civil Code)) to which the Temporary Employee is not made available on a non-exclusive basis to perform work under the supervision and management of such third party, or, ii) the party (legal entity or person) that does business with Flexhub and in this context causes an assignment agreement to be concluded between Flexhub and the third party (within the meaning of Section 7: 690 of the Netherlands Civil Code) in order for Flexhub to then make Temporary Employees available on a non-exclusive basis to such third party to perform work under the supervision and management of such third party.
Quotation: the Customer’s request to Flexhub to perform Work in a specific manner, as the case may be.
Fee: the amount, including VAT, invoiced by Flexhub to the Customer based on the Customer Invoice and the number of hours for which the Temporary Employee was made available to the Customer, plus any expenses of the Temporary Employee to be charged to the Customer.
Recipient’s Remuneration: the statutory remuneration as determined in accordance with the ABU Collective Labour Agreement as applicable to an Employee employed by the Customer and working in an equal or similar position to the Temporary Employee (as understood in Article 8 Waadi). The hirer’s remuneration consists of the following elements in accordance with the ABU Collective Labour Agreement:

(i) exclusively the applicable period wage in the scale,

(ii) the applicable reduction in working hours. This may – at Flexhub’s discretion – be compensated in time and/or money,

(iii) all allowances for working irregular hours and/or under (physically) stressful conditions related to the nature of the work. These could include : overtime, evening, weekend and holiday work, rotational work, shift work, low and/or high temperatures, hazardous substances, dirty work,

(iv) initial wage increases from the same time and to the same extent as with the client,

(v) expense allowances (to the extent that Flexhub can pay them without payroll tax and contributions),

(vi) period-related payments (amount and timing as specified to the Customer),

(vii) compensation for travel time and/or commuting time related to work (unless travel time or commuting time is already considered as working hours),

(viii) one-off payments, irrespective of the purpose or reason for the payment. Lump-sum benefits do not mean periodically recurring benefits,

(ix) home-working allowances, with the part of the allowance not expressly exempted by law being paid gross,

(x) fixed benefits at the end of the year (amount, timing and conditions to be determined by the principal).

If the temporary employee seconded to the client is subsequently seconded to another company, the remuneration of the employee shall be equal to the remuneration of an employee working in an equal or equivalent position in the service of that company where the temporary employee works under the direction and supervision. The Client must notify Flexhub in writing if its own collective bargaining agreement/remuneration system contains more provisions than those that the pay of the employee in the ABU collective bargaining agreement states apply to Temporary Employees.

Registration Form: written registration of the Temporary Employee and the Client.
Assignment (Confirmation): the assignment agreement between Flexhub and Customer pursuant to which one or more Temporary Employees are made available to Flexhub to Customer or its Customers on a non-exclusive basis to perform work under the supervision and management of Customer. As well as the written confirmation or form (assignment confirmation) confirming the Hirer’s remuneration.
Client Rate: the rate Flexhub charges the Client for each hour that the Temporary Worker is made available to the Client.
Worksheet: the document that records the hours worked by the Temporary Worker in each week, and any expenses incurred by the Temporary Worker.
Digital Worksheet: a digital information system in which the Client and the Temporary Worker record information regarding hours worked and expenses.
ABU Collective Labour Agreement: the most recent collective labour agreement for Temporary Workers, agreed with the Algemene Bond Uitzendondernemingen (ABU).
Waadi: (Act on the Allocation of Workers from Intermediaries) and related laws and regulations.
Wml: Act on minimum wage and minimum holiday allowance and related laws and regulations.
BW: Dutch Civil Code.
Wav: Foreign Employment Act and related laws.
WID: Compulsory Recognition Act and related laws and regulations.
Atw: Working Hours Act and related laws and regulations.
Working Conditions Act: Working Conditions Act and related laws and regulations.
AVG: General Data Protection Regulation and related laws and regulations.
WagwEU: the Act on Working Conditions of Cross-border Work within the European Union and related laws and regulations.
2G: means that a temporary worker who has not been vaccinated with a COVID-19 vaccine can no longer receive a ǪR code after a negative COVID-19 test. The ǪR code can only be obtained if the temporary worker is fully vaccinated with COVID-19 vaccine or (fully) cured of COVID-19 infection.
3G: means that a temporary worker may receive a QR code if he or she is fully vaccinated with a COVID-19 vaccine, has been cured of COVID-19 infection, or has tested negative for COVID-19 in the 24 hours prior to starting work.

y.COVID-19 or corona: SARS-COV-2.

Income security: also called income security. This means that a temporary worker, who is a migrant worker by virtue of coming to the Netherlands for the first time to work with Flexhub and is hired by Flexhub or on its behalf outside the Netherlands, is entitled during the first two months to at least an amount equal to the minimum full-time (youth) wage, regardless of the duration of the contract and the number of hours worked. The period of income security is reduced proportionally if there is a contractual work of short duration. In this way, Flexhub must clarify to the migrant worker in advance, in the country of origin, the duration and conditions of the project. During this shorter period, the right to an amount at least equal to the minimum full-time (youth) wage is fully valid. If it is subsequently established that the project ultimately lasts 2 months or more, a period of 2 months during which the entitlement to at least the legal minimum full-time wage (young people) applies.z. Income security: also called income security. This means that a temporary worker, who is a migrant worker by virtue of coming to the Netherlands for the first time to work with Flexhub and is hired by Flexhub or on its behalf outside the Netherlands, is entitled during the first two months to at least an amount equal to the minimum full-time (youth) wage, regardless of the duration of the contract and the number of hours worked. The period of income security is reduced proportionally if there is a contractual work of short duration. In this way, Flexhub must clarify to the migrant worker in advance, in the country of origin, the duration and conditions of the project. During this shorter period, the right to an amount at least equal to the minimum full-time (youth) wage is fully valid. If it is subsequently established that the project ultimately lasts 2 months or more, a period of 2 months during which the entitlement to at least the legal minimum full-time wage (young people) applies.

Article 3: Tenders

All offers and tenders (including attachments) from Flexhub are non-binding, unless expressly stated otherwise in a written offer with an individual address.

Article 4: Recruitment and selection

Flexhub provides for the recruitment and selection of temporary workers and brings supply and demand on the labour market together. For this purpose, Flexhub uses its own staff (intermediaries) and an application tool with which Temporary Workers are recruited and selected. Temporary Workers can apply for available Customer jobs through Flexhub’s job bank or application tool. Flexhub has its own job bank or application tool and employs account managers who participate and are responsible for recruiting and selecting Clients.
Flexhub is registered as a temporary employment company/agency with the Chamber of Commerce Commercial Registry and conducts its business as a temporary employment company/agency. Flexhub is also classified by the tax authorities in professional sector 52.
Flexhub is not liable for any errors made in connection with the selection of the Temporary Worker.
If in any case the recruitment and selection of the Temporary Worker has been carried out by Flexhub on the Customer’s instructions and in cooperation with a third party, these General Terms and Conditions shall remain unchanged.
The Temporary Employee shall be selected on the basis of the Customer’s wishes with regard to the skills and abilities of the Temporary Employee and the information provided on the nature of the position on the one hand, and on the other hand on the basis of the known skills and abilities of the Temporary Employee.
Non-functional requirements when providing desires and information regarding the desired Temporary Employee and the nature of the position as stated in the preceding paragraph of this Article may not be determined by the Client. In any event, such requirements will not be complied with unless made as part of a policy for target groups authorized by law in order to promote equal employment participation.
Customer and Flexhub agree that Flexhub will have the following independent rights, without interference from Customer:

(i) to screen the temporary employee prior to the commencement of employment and to verify that the temporary employee meets the specified requirements

(ii) to evaluate the performance of the Temporary Worker (possibly in consultation with the Temporary Worker’s supervisor at the Client)

(iii) give the temporary employee a written or verbal warning or other disciplinary action,

iv) exercise its personnel policy independently, which also means that the Temporary Employee’s sickness notices and requests for leave must be submitted to Flexhub by the Temporary Employee and Flexhub must give its consent in consultation with the Client,

(v) providing guidance to the Temporary Worker during sickness and occupational disability, and reintegration

(vi) training and retraining of the temporary worker in the context of the sustainable employability of the temporary worker. However, also as part of the training obligation as an official employer and to increase the likelihood of the Temporary Worker’s possible placement with other Clients,

(vii) determine the definition of a Temporary Worker under the WID independently based on its own policy,

(viii) establish its own screening and selection policy, with or without the use of digital tools,

(ix) implement and monitor its own remuneration policy.

Article 5: Tendering and implementation of the award

The client and the temporary worker shall register with Flexhub. The registration is carried out via a relevant registration form. Flexhub shall execute the assignments in the manner indicated in the registration form. By registering with Flexhub, Customer authorizes Flexhub to provide all of Customer’s registered contacts with email newsletters until the time of written unsubscription.
An assignment is created only upon Flexhub’s acceptance of a request to perform an assignment. Unless otherwise agreed in writing, an Assignment may be deemed to have been accepted only if Flexhub has sent an Assignment to Customer.
The assignment shall be deemed to accurately and completely reflect the order unless the Customer protests in writing against the assignment (confirmation) within 3 days of its dispatch. The Customer waives its right to protest the assignment once it accepts the temporary worker to work.
Sending a completed registration form to Flexhub shall be deemed a request to Flexhub to accept the assignment described in such registration form. Flexhub is always free to ignore such requests.
The provision of blank registration forms to Customers does not create any obligation for Flexhub to fulfill requests sent via the registration forms.
Customer agrees that all of its company data will be stored digitally (“Cloud”) by Flexhub for a minimum period equal to the legal retention requirement.

Article 6: Duration of the assignment

The assignment may be for a fixed or indefinite period of time.
Unless otherwise agreed in writing, the duration of the assignment shall be equal to the duration of the temporary employment contract concluded by Flexhub with the temporary employee pursuant to the assignment.

Article 7: Termination of the assignment by operation of law

To the extent that the assignment is not terminated earlier in a different legally valid manner, the assignment shall in any event terminate by operation of law at the time the temporary employment contract between Flexhub and the temporary employee expires.
At least 11 days prior to the expiration date of the Temporary Employee’s temporary employment agreement, Customer shall notify Flexhub in writing whether or not the Temporary Employee’s assignment under the temporary employment agreement shall continue under the temporary employment agreement upon its statutory expiration. If the Customer fails to do so or fails to notify Flexhub in a timely manner and the Temporary Employee’s temporary employment contract continues implicitly, the posting shall not terminate and, accordingly, the Customer’s payment obligation to Flexhub shall not be terminated and the posting shall continue for the same term as the Temporary Employee’s temporary employment contract.

Article 8: Termination of the assignment by cancellation by the Customer

The termination of the assignment shall always be made in writing. Actual termination of the secondment by the Client shall not be considered as a termination of the assignment.
The burden of proof of timely termination shall be on the Client.
If at the Customer’s request a probationary period has been agreed with the seconded temporary worker, the Customer may terminate the assignment with immediate effect, provided that such termination is made no later than the day preceding the day on which the probationary period ends.
If, in the performance of an assignment, with a temporary worker:

(i) a temporary employment contract with a temporary employment clause has been agreed upon, the Customer may cause the assignment to be terminated with immediate effect by terminating the Temporary Employee’s assignment. To the extent that Flexhub must apply the notice period set forth in the ABU Collective Bargaining Agreement to the Temporary Employee, the Client shall observe a notice period equal to such notice period,

(ii) a fixed-term temporary employment contract has been agreed without an interim notice period, the Customer may only terminate the posting towards the end of the term of the relevant temporary employment contract,

(iii) a fixed-term temporary employment contract with an interim notice period has been agreed, the Customer may terminate the contract only as of the first day on which Flexhub may validly terminate the temporary employment contract with notice,

(iv) a temporary employment contract of indefinite duration has been agreed, the Customer may only terminate the contract with effect from the first day on which Flexhub may validly terminate the temporary employment contract with notice.

If the Client fails to observe the notice periods referred to in the preceding paragraph, he shall be immediately liable to pay compensation. Such compensation shall be at least equal to the client’s share of the client’s remuneration that the principal would have been due for the period during which the assignment would have continued if the termination had been made in accordance with the provisions of the preceding paragraph. If the level of the client rate during that period is not foreseeable, the compensation shall be determined because of the average billable client rate over the preceding 13 weeks. The payment of the compensation shall be without prejudice to Flexhub’s right to claim additional compensation to the extent that Flexhub’s loss due to the unlawful termination exceeds the compensation.
Unless expressly agreed otherwise, or if, at its request, a temporary employment contract as referred to in paragraph d. under 3 and 4 has been entered into and the assignment is terminated (prematurely), the Customer shall pay compensation at least equal to the actual cost of terminating the employment of the relevant Temporary Employee or (at Flexhub’s discretion) the cost of placing the Temporary Employee at a lower salary elsewhere.

Article 9: Termination of the Assignment by Flexhub

Flexhub shall be entitled to immediately terminate or terminate the Assignment and the resulting Commission without notice and without any obligation to compensate the Customer because:

(i) the Customer defaults in the performance of the relevant award or any other award or obligation to Flexhub,

(ii) a bankruptcy petition has been filed for the Customer or the Customer has been declared bankrupt or a (temporary) suspension of payments has been requested or granted or an application has been filed for the Customer to enter the statutory debt restructuring scheme (WSNP) or such application has been accepted,

(iii) the Customer ceases to exist or goes into liquidation,

(iv) a significant part of the Customer’s capital is seized or if the Customer should no longer be considered capable of meeting the obligations arising from the assignment (confirmation),

(v) the Customer’s company is transferred to a third party or the majority of the shares are transferred to another person or the Customer merges with a third party.

If Flexhub invokes immediate termination of the Agreement, this shall not affect Flexhub’s right to claim full compensation including all costs (including actual legal fees) from the Customer. This shall be subject to a minimum amount equal to the compensation referred to in Article 8e and/or 8f, where the day on which Flexhub invokes termination shall be deemed to be the day of termination by the Customer. As a result of the dissolution, all claims of Flexhub shall immediately become due and payable.
Flexhub’s right to invoke immediate dissolution is without

termination does not affect Flexhub’s right to terminate the contract early with notice or to invoke any other statutory provision that results in termination of the contract and/or assignment.

Article 10: Dispatch

The assignment shall commence on the date stated in the assignment and shall end on the date of the valid termination of the assignment.
Flexhub has the right, without being liable for any resulting damage, to assign the start of the posting to a later date or to suspend it if:

(i) Customer objects to the assignment or the assignment is not approved by Customer in a timely manner,

(ii) Flexhub does not have all the documents and information required for the assignment, including, but not limited to, the following

a fully completed registration form,

full confirmation of the employee’s pay under the ABU collective bargaining agreement, a copy of the temporary employee’s identification document, the temporary employee’s civil service number (BSN), the temporary employee’s written registration form, the temporary employee’s written temporary employment agreement with the temporary employee.

If a temporary employment clause has been agreed to in the temporary employment contract with the Temporary Employee, the Customer shall be deemed to have requested termination of the assignment effective immediately upon such termination:

(i) the Temporary Worker can no longer perform his or her work due to incapacity for work; or

(ii) that Flexhub has terminated the posting; or

(iii) that Flexhub has invoked the termination of the assignment as referred to in Article 9a.

At the beginning of the provision of a temporary employee, the Customer will establish the identity of the temporary employee based on the original identity document (a driving licence is not considered a valid identity document in this respect). The identity of the Temporary Employee must also be verified (in relation to the false identity aspect). If it is a foreign temporary employee, the client must also keep a copy in his/her own files. The Client should verify that the Temporary Worker carries original proof of identity during the work.
Upon Flexhub’s first request, the Customer shall confirm in writing to the Temporary Workers concerned that the circumstances set forth in paragraph 1 and paragraph 2 of subsection c. above exist.
Flexhub shall not be liable to the Customer and shall not be liable to indemnify the Customer for any loss or cost if Flexhub, for whatever reason, cannot (or can no longer) provide a Temporary Worker to the Customer in the manner and to the extent agreed at the time of assignment or subsequently.
Flexhub shall have the right at any time to make a proposal to the Customer to replace a Temporary Employee provided to the Customer with another Temporary Employee during the continuation of the assignment for the purposes of Flexhub’s corporate or personnel policy, retention of employment or compliance with applicable laws and regulations, particularly the Temporary Employment Dismissal Directive. The Client shall reject such a proposal only for reasonable grounds. Upon request, the Customer shall give reasons for the rejection in writing.
If the temporary employee is replaced by another temporary employee, the hourly rate with respect to the temporary employee he/she replaces will be redetermined based on the provisions set forth in these General Terms and Conditions and the Customer rate will be adjusted accordingly.
The Temporary Worker is not available exclusively to the Customer and may be made available by Flexhub to other Customers without the Customer’s consent. O

Temporary Worker and Flexhub shall have the option to accept other assignments.

Article 11: Licences/documents/statements

The Client shall ensure that it has all the permits required for the Temporary Employee’s placement at its place of work. The Client shall ensure that it has all documents required to be in its possession by law in connection with the placement of the Temporary Employee.

Article 12: Client’s obligation (information)

The Client shall inform Flexhub per posting:

(i) the professional qualifications that the Temporary Employee must meet, the position and the nature of the job,

(ii) the expected duration, the (weekly) scope of work and the hours of the posting, on the basis of which Flexhub shall conclude the temporary employment contract with the Temporary Employee,

(iii) all matters relating to Flexhub as an employer, such as the Temporary Employee’s sickness and holidays, whether the work will be performed abroad, private use of a company car and closure of the company,

(iv) prior to commencement of work, regarding the normal working hours applicable to the Client, the (professional) qualifications required by the Client, the potential health and safety risks to the Temporary Worker and measures to address them. Flexhub shall ensure that the relevant information is passed on to the Temporary Worker, unless the Client has already done so,

(v) on the Employee’s applicable remuneration as included in the Confirmation of Assignment and anything included therein.

Customer shall promptly, timely, accurately and fully inform Flexhub of the wage elements of the wage ratio rule for purposes of the Employee’s pay as set forth in the ABU Collective Bargaining Agreement so that Flexhub can determine the Temporary Employee’s wage. If the Temporary Worker’s salary and other benefits cannot be determined under the wage ratio rule, they will be determined based on discussions to be held with Client and the Temporary Worker. The education level and experience of the Temporary Worker and the required skills involved in filling the specific position shall serve as guidelines for determining the salary.
If the Customer intends to provide the Temporary Employee with a car, the Customer shall notify Flexhub immediately. Only in consultation with Flexhub shall the Customer agree with the Temporary Employee that the car may be driven privately so that Flexhub may take it into account for payroll tax purposes. If the Customer fails to do so, the Customer shall indemnify Flexhub for any resulting damage, costs and (tax) consequences incurred by Flexhub.
The Customer shall provide Flexhub free of charge with all information and documents relating to the Temporary Worker which Flexhub must have in its possession in accordance with the statutory provisions to employ and retain the Temporary Worker at Flexhub.
In the event of a dispute between Flexhub and a Temporary Employee or a third party regarding a placement, Customer shall, upon Flexhub’s first request, provide, free of charge, all relevant information or statements relating to the placement and the dispute.
Customer is responsible for the correct, timely and complete completion and approval of the worksheets. Approval shall be affected by (digital) signature of the worksheet, unless otherwise agreed. Customer shall be liable for any damages suffered by Flexhub if Customer fails to properly fulfill the obligations set forth in this paragraph, including, but not limited to, an administrative fine pursuant to Section 18b (2) of the Minimum Wage and Leave Act. The customer shall fully indemnify Flexhub in this regard.
The Customer shall inform Flexhub of the expected duration, the (weekly or at least monthly) working hours and the hours of each posting, based on which

Flexhub may determine the nature and duration of the temporary employment contract with the workforce.

If the Client for whom the Temporary Worker is employed may invoke the “Unhealthy Weather Regulation” adopted by the government, the Client shall promptly notify Flexhub in writing (via email) of this fact, and provide Flexhub with all relevant information so that Flexhub may elect to apply this regulation to the Temporary Worker as well, in compliance with the terms set forth in the ABU Collective Bargaining Agreement and the regulation.
If, after the Temporary Worker shows up at the work site, the Customer uses the Temporary Worker’s job offer for less than three hours, the Customer shall pay the agreed upon fee for at least three hours per call, provided that

(i) a scope of work of less than 15 hours per week has been agreed and the working hours have not been fixed; or

(ii) there is an on-call agreement pursuant to Section 7:628a of the Netherlands Civil Code.

If the Temporary Employee has already been called but cannot perform the work or the working hours are adjusted due to special circumstances on the part of the Customer, the Customer shall inform Flexhub at least four days before the start time of the work.
If the Customer fails to do so and the Temporary Employee has a call contract pursuant to Section 7:628a of the Netherlands Civil Code, the Customer shall pay the agreed fee for the number of hours related to the working hours of the original call.
If the temporary employee has entered into an on-call agreement pursuant to Section 7:628a of the Netherlands Civil Code, Flexhub shall be obliged to make the temporary employee an offer for a fixed job, including the obligation to pay wages on a continuous basis, each time after the temporary

to make the temporary worker an offer of a fixed job, including the obligation to continue to pay wages, where the fixed job must be at least equal to the average job in the previous 12-month period. If the offer is accepted by the Temporary Employee, the agreed pay will be calculated on the fixed scope of work and not on the actual number of hours worked.

If the Client, without the Client’s knowledge, played a role in the allocation process or in the recruitment and selection of the Temporary Worker, whereby the temporary employment contract becomes a salary contract, the Client’s rate shall be recalculated retroactively. The Customer shall then be required to continue to pay the Customer’s percentage during the term of the payroll contract, all plus whatever the Temporary Employee is required to receive in relation to the equal pay for payroll under Article 8 Waadi.
At least five weeks before the end of the Temporary Employment Contract, Flexhub may, in conjunction with its obligation to give notice to the Temporary Employee, require the Client to indicate whether it wishes to continue the assignment. The Client is then required to state within three days whether it wishes to continue the posting. Failure to inform Flexhub in time or incorrectly informing Flexhub shall result in the Customer being obliged to reimburse Flexhub in full for the costs associated with the remuneration of the Temporary Employee in accordance with Section 7:668 paragraph 3 of the Dutch Civil Code.

Article 13: Worksheets

Unless a different time has been agreed, the Client shall ensure that it provides Flexhub no later than 16:00 on Tuesday with all information required by Flexhub for the payment of wages (and other remuneration) to the Temporary Employee for the previous week and for the subsequent invoicing of remuneration. This information shall include the details requested by Flexhub, but in any event the number of hours worked by the Temporary Employee and the expenses to be declared by the Temporary Employee. The Temporary Employee shall have the opportunity to review and/or approve the timesheet prior to submitting it to Flexhub.
The information referred to in paragraph a. shall be provided through

mailing of worksheets or with digital time recording. Customer remains obligated to provide Flexhub with timesheets as long as neither Customer nor the Temporary Employee could use digital time recording.

If the information referred to in paragraph (a) is to be made available to Flexhub via worksheets, Customer shall ensure that:

(i) the original of the worksheets is made available to Flexhub,

(ii) the worksheets are fully completed,

(iii) the worksheets have been approved by the Client and the Temporary Worker.

Subject to the provisions of paragraphs (b) and (c), Flexhub shall be entitled to make payments to the Temporary Worker and invoice the Temporary Worker based on:

(i) (copies) of the worksheets, provided that such worksheets at least reflect the Customer’s agreement; or

(ii) the data entered into the digital worksheets by the Client without the agreement of the Temporary Worker.

In the event of a discrepancy between a worksheet received by Flexhub and the copy retained by the Customer, the worksheet received by Flexhub shall constitute full proof of the data contained therein. In the event of a discrepancy between data received by Flexhub via digital worksheets and a worksheet received later, the data received by Flexhub via digital worksheets shall constitute full proof of the data contained therein.
If the Customer and the Temporary Employee cannot agree on the number of hours the Temporary Employee will work or the range of costs the Temporary Employee will charge, the Customer must immediately notify Flexhub in writing.
If the Temporary Employee disputes the information available to the Customer and the Customer has not fulfilled its obligations under paragraphs (a) to (f) of this provision, Flexhub shall be entitled, without further notice or notice of default, to pay the Temporary Employee’s salary based on the information available to the Temporary Employee or (at Flexhub’s discretion) to base such salary on the average of the previous 13 weeks of work. Flexhub shall then be entitled to calculate its remuneration based on the wages so paid.
The customer is responsible for providing Flexhub with

providing Flexhub with the correct data. In the event of any dispute between the Client and the Temporary Employee, Flexhub will always follow the data provided by the Temporary Employee.

Failure to comply with the requirements set out in this provision shall be the responsibility of the Customer.

Article 14: Customer’s obligations

Unless a temporary employment contract with a temporary employment clause has been agreed upon for the performance of the assignment, the Client shall cooperate in the reinstatement of a Temporary Worker who is incapacitated due to illness for the work for which he/she has been made available to the Client.
As part of the reemployment of the Temporary Employee, the Client shall in any event, for the duration of the assignment:

(i) provide Flexhub, or the Company’s physician, arbo service, or employment expert designated by Flexhub, with adequate information regarding the Customer’s reemployment opportunities with the Company,

(ii) allow the temporary employee, if the company physician or employment expert designated by Flexhub sees the potential to do so, to perform all or part of his or her own or other suitable work for the Customer,

(iii) to cooperate in any rehabilitation measures the Company physician or employment expert deems necessary. To the extent that the Employer may be required to contribute to the cost of such rehabilitation, the Client shall bear the relevant costs.

Article 15: Establishment of a direct employment relationship

If the Client wishes to enter into an employment contract or other type of employment relationship directly with a Temporary Employee provided or to be provided by Flexhub, it shall inform Flexhub without delay.

immediately in writing. The parties shall then consult to discuss the Customer’s wishes. In principle, Customer shall owe Flexhub reasonable remuneration for the services provided by Flexhub in accordance with the provisions of Article 9a, paragraph 2 Waadi. A different type of employment relationship as referred to in this article include:

(i) work contract,

(ii) project assignment,

(iii) direct employment contract with the temporary employee,

(iv) the assignment of the Temporary Employee to the Client by a third party (e.g. another company) for the same or other work,

(v) the employment of the Temporary Employee by a third party for the same or another job, if the Client and such third party are connected in a group (as referred to in Article 2:24b of the Dutch Civil Code) or if one is a subsidiary of the other (as referred to in Article 2:24b of the Dutch Civil Code).

If the Customer and the Temporary Employee wish to enter to a direct employment relationship, Flexhub will cooperate in the early termination of the assignment, if and to the extent that:

(i) the Temporary Employee has validly terminated the temporary employment agreement with Flexhub; and

(ii) if Customer notifies Flexhub in writing no later than 10 days prior to the anticipated start date of the direct employment and pays Flexhub the fee due, as included in Article 15.

(iii) Customer shall pay a fee, payable prior to the termination of the assignment, equal to the fee set forth in Article 8e of these General Terms and Conditions.

The Client is prohibited from inducing the Temporary Workers to enter an employment contract or other type of employment relationship with another company for the purpose of recruiting the Temporary Workers through such other company.
If Customer enters into an employment contract or other type of employment relationship with the Temporary Worker for the same or another position without Flexhub’s written cooperation (as described in paragraph b) within a period of 2080 hours of work within two years of the start of the Temporary Worker’s employment, Customer shall owe Flexhub immediately due and payable compensation that cannot be mitigated. Such compensation shall be 25% of the most recent Customer’s most recent applicable rate for the Temporary Worker in question, multiplied by the number of agreed hours, which are within the period from the commencement of the aforementioned employment relationship to the end of the 2080-hour work period referred to in the previous sentence.
The Customer shall also owe the payment referred to in Article 15 if the

ε. The Customer shall also owe the payment referred to in Article 15 if the Temporary Employee applies for employment with the Customer directly or through third parties within six months of the termination of the Supply to the Customer or if the Customer approaches the Temporary Employee directly or through third parties within six months of the termination of the Supply to the Customer and the Customer thereby enters into an employment relationship/employment agreement with said Temporary Employee.

The reasonable remuneration referred to in the above

paragraphs above shall also be payable if the Customer enters into an employment relationship or contract of employment or self-employment agreement with the Temporary Employee within six months of the introduction of the Temporary Employee to the Customer.

The above fee is also due if the Temporary Employee himself, whether through the agency of a third party or otherwise, enters into an employment relationship or contract of employment or self-employment contract or any other agreement with the Customer within six months of the end of the assignment to the Customer.

If the (prospective) Customer has not yet reached an agreement with Flexhub as to the amount of the Customer Quota Hire, the (prospective) Customer shall immediately, without further demand or notice of default, pay to Flexhub an amount of EUR 7,500, exclusive of VAT, subject to Flexhub’s right to claim full compensation.
Flexhub assumes no responsibility or liability in respect of the performance or enforcement of any agreements entered between the Client and any third party in relation to the direct employment of the Temporary Worker during or after the termination of the assignment.

Article 16: Prohibition of relocation/transfer

The Customer may not make a temporary employee seconded to it available to third parties without the written consent of Flexhub.

Article 17: Duty of care/job security

The Client shall employ the temporary employee in accordance with the provisions set out at the time of registration, in the assignment and in these General Terms and Conditions.
The Client shall act towards the Temporary Worker with the same diligence in the exercise of supervision or direction and with respect to the performance of the work as it must act towards its own employees. In particular, the Client shall always fulfil the duty of care within the meaning of Section 7:658 of the Netherlands Civil Code and the applicable Working Conditions Act.
As an official employer, Flexhub does not have control over the workplace and the work to be performed, whereby the Customer must ensure a safe working environment and compliance with all work-related rules. In doing so, it must exercise the same due diligence as it does towards its own employees. The principal shall take appropriate measures about statutory regulations on safety, health and welfare. In accordance with the applicable law on employment and working conditions, the Client is the employer and responsible, as well as liable, for all obligations arising therefrom, including to the Temporary Worker and Flexhub.
The Customer shall inform the Temporary Worker and

Flexhub in good time, at least one working day before the start of the work, in writing, of the required professional qualifications and the specific characteristics of the job to be filled. The Client shall actively inform the Temporary Worker of the Risk Inventory and Evaluation (RIE) used in their company. The Client shall be responsible for the cost and purchase of personal protective equipment for the Temporary Employee.

If performing work in

The customer requires job-related equipment, such equipment shall be provided by the Customer to the Temporary Employee under the same terms as for the Customer. The Customer shall be responsible for the provision of the required aid and the associated costs. Flexhub shall be entitled to pass on to the Customer any costs incurred in complying with this provision in accordance with the ABU Collective Bargaining Agreement.

The Customer shall consider the following items

inventory: knowledge, skills and limitations of the temporary employee. In addition, the Client shall provide the Temporary Employee with information on the Safety, Health and Environment (SHE) rules applicable in his/her company. The Client shall ensure that the Temporary Employee is always aware of them, including in the event of a change of job and/or environment.

If necessary, the Client shall ensure that the Temporary Worker registers for a medical examination or appointment examination in a timely manner, to the extent that the Temporary Worker may be required to do so under the law.
The notification procedure in the event of accidents, with or without absences, and hazardous conditions will be communicated to the Temporary Employee.
If the Temporary Employee suffers an industrial accident or occupational disease, the Customer shall immediately notify the competent authorities and Flexhub and shall arrange for a report to be prepared immediately, setting out the circumstances of the accident or occupational disease in such a way that it can be established with a reasonable degree of certainty whether and to what extent the accident is the result of the fact that adequate measures were not taken to prevent the industrial accident or occupational disease in question.
The Customer shall be liable to the temporary worker and Flexhub liable and, consequently, obliged to pay for any damage suffered by the Temporary Employee in the performance of his/her work and/or if, in the performance of his/her work, the Temporary Employee suffers an injury resulting in death, the Customer shall be liable pursuant to Article 6:108 of the Dutch Civil Code against the persons referred to in that Article and against Flexhub for compensation for the damage suffered by such persons and Flexhub.
Customer shall indemnify Flexhub in full against any claims raised against it due to the Customer’s failure to fulfil an obligation arising from these General Terms and Conditions and shall pay the relevant (out-of-court) legal costs in full to Flexhub. The Customer authorises Flexhub to assign its claims as referred to in this article to the directly interested party/parties.
The Customer is obliged to take out adequate comprehensive liability insurance for all direct and indirect damages referred to in Article 17 of these General Terms and Conditions.

Article 18: Prohibition of employment abroad

The Customer is prohibited from employing a temporary worker seconded to him outside the Netherlands without the written consent of Flexhub. In order to obtain Flexhub’s permission, the following information must be provided: the country and place where the work will be performed and the (estimated) duration of the work. Providing this information does not imply immediate approval; Flexhub will evaluate the information and only with subsequent written consent (if Flexhub agrees) can the temporary worker be assigned abroad. The Customer shall immediately return the Temporary Worker to the Netherlands as soon as Flexhub revokes the Customer’s consent to the Temporary Worker performing the work outside the Netherlands.

Article 19: Exclusion/Limitation of Flexhub’s liability

Flexhub shall only be liable to the Customer for damages that are the direct and exclusive result of Flexhub’s failure to fulfil its obligations under the Assignment and/or the General Conditions for which Flexhub may be held liable.
Subject to the provisions of paragraph a, Flexhub shall not be liable for:

(i) damage because of the actions of the Temporary Employee in the performance of his/her work, regardless of whether the Temporary Employee was at fault in this respect or whether he/she acted intentionally,

(ii) loss because of the Temporary Employee performing work for the Customer in breach of any non-solicitation or non-competition clause applicable to him,

(iii) loss because of acts of the Flexhub Temporary Employee(s) or auxiliary persons engaged by Flexhub,

(iv) damage because of acts of a temporary employee at a time prior to the termination of the assignment,

(v) indirect loss, such as loss in the form of stagnation loss, loss of business and other consequential loss,

(vi) loss exceeding the maximum payment amount provided by Flexhub’s insurer in respect of Flexhub’s liability. If in any event the insurer fails to pay compensation or the loss is not covered by insurance, Flexhub’s liability shall be limited to:

a total amount of EUR 7,500; or

to the total amount of the invoices sent by Flexhub to the Customer in the last two months in relation to the contract in connection with which the liability arose.

The Customer shall indemnify Flexhub if it is liable to a third party for damages or the Agency’s employee can recover such damages from Flexhub after paying the damages to the third party. Such indemnification shall cover not only the third party’s claim, but also all costs, including actual legal fees.

Article 20: Liability of the client

The Customer shall be liable to Flexhub for any damage resulting from a breach of its obligations under the Contract or these General Terms and Conditions, without further notice of default being required. Such damages include, but are not limited to:

(i) the cost of additional compensation (in accordance with the wage rates of the employee’s compensation under the ABU collective bargaining agreement) for such employees, including any statutory increases,

(ii) direct or indirect damages suffered by Flexhub as a result of incomplete and/or incorrect information on the part of the Client or as a result of the failure to provide timely or incorrect information (including, but not limited to, information regarding the hirer’s remuneration and job positions), the Client shall indemnify Flexhub in full for such damages, including all actual legal costs (both in and out of court),

(iii) the actual legal assistance costs at law or otherwise incurred by Flexhub to obtain compensation for the Customer, and the actual legal assistance costs incurred by Flexhub to defend against the third-party claim.

The Customer indemnifies Flexhub against and is fully liable for any claim, demand or requirement of any third party (including, but not limited to, the tax authorities (including FIOD) and/or the Employee Insurance Administration (UWV) and/or the Social Affairs and Employment Inspectorate (Inspectie SZW), Sociale Inlichtingen- en Opsporingsdienst (SIOD), Stichting Pensioenfondsen voor Personeelsdiensten (StiPP), Stichting Naleving CAO voor Uitzendkrachten (SNCU), individual employees and trade unions and other third parties) and against all damages, fines, losses, losses, costs, expenses and payments, (transitional) compensation. The Customer shall fully indemnify Flexhub against costs, losses, damages, legal costs, claims, fines, penalties and/or third-party claims imposed on Flexhub for breach of the Wav, Waadi, WagwEU, WML, Atw, Working Conditions Act, an applicable collective bargaining agreement (ABU) (including the collective bargaining agreement applicable to the Customer) and other laws and regulations.
The provisions of this Article are of general application, both – if required – and

supplementary, if required, both in relation to matters where the obligation to pay compensation is already separately regulated in these General Terms and Conditions and in relation to matters where it is not.

To the extent that Customer’s breach of its obligations results in Flexhub being sued for damages suffered by third parties, Customer shall indemnify Flexhub against such damages, including actual legal fees.
The provisions of this Article are without prejudice to Flexhub’s right to bring any other claims against Customer, including a performance action, and to take other legal action, such as invoking dissolution.
In order to prove its non-contestation, the Customer shall in any event promptly, accurately and fully inform Flexhub of the wage elements of the pay ratio rule in accordance with Article 12 and Article 22 of these General Terms and Conditions.
In addition to Flexhub, the Customer shall be jointly and severally liable to the Temporary Employee for the payment of wages and other

wage components arising from the Employee’s remuneration, unless the Client is determined to be insolvent in relation to any underpayment.

Article 21: hourly wage and remuneration

The gross hourly wage of a Temporary Employee shall always be determined prior to posting based on the ABU Collective Labour Agreement for Temporary Employees or the Collective Labour Agreement applicable to the remuneration of the Client (lessor).
The gross hourly rate of pay shall be determined in consultation with the Customer and shall be based on the pay given or to be given in the Customer’s business to permanent employees of the same position and age and taking into account the same experience.

The same procedure is followed in determining the allowances and other elements of the hirer’s remuneration.

The Customer is obliged, in accordance with Article 12a Waadi, to inform Flexhub in writing or electronically of the applicable terms of employment in accordance with Article 8 Waadi, i.e. in this case the remuneration of the hirer, before the start of the assignment. The obligation to inform about the hirer’s remuneration means that the Customer shall in any event inform Flexhub of the following prior to deployment:

(i) only the applicable period wage in the scale,

(ii) the applicable reduction in working time. This may – at Flexhub’s discretion – be compensated in time and/or money,

(iii) all allowances for working irregular hours and/or under (physically) stressful conditions related to the nature of the work. For example (non-exhaustive): overtime, evening, weekend and holiday work, shift work, low and/or high temperatures, hazardous working conditions, etc. substances, dirty work,

(iv) initial wage increases from the same time and to the same extent as the Customer,

(v) expense allowances (to the extent Flexhub can pay them without payroll tax and contributions),

(vi) period payments (amount and timing as specified to the Customer),

(vii) compensation for travel time and/or commuting time associated with work (unless travel time or commuting time is already considered as working time),

(viii) one-off payments, irrespective of the purpose or reason for the payment. Lump-sum benefits do not include periodically recurring benefits,

(ix) home-working allowances, where the part of the allowance not specifically excluded by law is paid on a gross basis

(x) fixed benefits at the end of the year, the amount, timing and conditions being determined by the principal.

In order to enable Flexhub to hire/select a Temporary Employee who is qualified for the job, and to properly compensate and inform the Employee, the Client shall in all cases, but not exclusively, provide Flexhub with the following information:

(i) any skilled worker program to be implemented pursuant to Customer’s collective bargaining agreement,

(ii) a job description, the nature of the job and the job requirements, including the degree of independence required,

(iii) hours of work (number of hours to be worked by the workforce per unit of time),

(iv) required (professional) qualifications

(v) the hours of work and rest,

(vi) expected duration of the secondment,

(vii) working conditions,

(viii) possible safety risks involved and how to deal with them,

(ix) safety regulations,

(x) quality and hygiene regulations,

(xi) normal working hours within the client’s company,

(xii) any compulsory days off, collective holidays and company closures,

(xiii) any work regulations and/or rules of conduct applicable in the Client’s company and/or other rules relating to the Temporary Employee.

All costs for Flexhub in relation to overtime worked by the Temporary Worker, work on Saturdays, Sundays and public holidays, work paid with natural increments, and all other costs in connection with irregularity increments shall be payable by the Customer to Flexhub to the extent that such costs are payable under the collective bargaining agreement or the Customer’s own system of terms and conditions of employment and to the extent that they are part of what is payable to the Temporary Worker under the ABU collective bargaining agreement. If at any time it is determined that the above increases apply to the work performed by the Temporary Worker, Flexhub will adjust the fee and the percentage charged to Customer will be adjusted, possibly with retroactive effect, and Customer will owe Flexhub the adjusted percentage. If there is an obligation to pay surcharges, the Customer shall notify Flexhub immediately. Flexhub can never be held liable by the Customer for breach of the regulations applicable to surcharges. Customer shall indemnify Flexhub against any claims by Temporary Employee or third parties based on such breaches.
If because of any cause attributable to Customer the hourly

hourly rate of pay, or increments, bonuses, wage increases (initial and periodic), reduction in working time and/or the Client Rate is/are too low for any reason attributable to the Client, Flexhub shall have the right to adjust the rate of pay and Client Rate to the correct level with retrospective effect and to charge the Client for any resulting underpayment, whereupon the Client shall immediately pay Flexhub the amount due in respect thereof. This shall not affect Flexhub’s right to make other (additional) claims against the Customer.

The working time will be further agreed between the Customer and the Temporary Employee. Flexhub can never be held liable by the Customer for any breach of the regulations applicable to working time and the Customer shall indemnify Flexhub against any claims by the Temporary Employee or third parties based on such breaches.
Upon enrollment, Client shall determine based on the position, CAO agreements and/or principal’s agreements, the Hirer’s remuneration in accordance with the ABU CAO. This includes, but is not limited to: period pay on a sliding scale, reduction in hours, lump sum payments, allowances for irregular work and/or under (physically) strenuous conditions, initial pay increase from the same time and to the same extent as the Client, expense allowances, homework allowances, periodic payments, travel hours or travel time.
Unless otherwise agreed, all expenses for

Flexhub arising from the application of the Employer’s pay shall be borne by Customer in accordance with the ABU Collective Bargaining Agreement.

If a position is changed during an assignment, in that the position corresponds to a lower-ranked job, the originally applicable fee shall remain unchanged.
If the hirer’s pay must be retroactively adjusted in accordance with the ABU Collective Labour Agreement, law and/or case law and, as a result, Flexhub is required to make a subsequent payment to the temporary employee, tax authorities, SNCU, StiPP and/or any other third party, Flexhub shall be entitled to charge the client at the client rate plus the amount to be retroactively adjusted. In this case, the Customer shall always be required to pay the Customer Percentage charged by Flexhub because Flexhub shall also be required to apply the retroactive adjustment to the Lessee’s fee.

Article 22: Adjustment of the Customer Price

Flexhub shall be entitled to adjust the Customer Price by the full or pro-rata amount resulting from one or more of the following cost adjustments in relation to the assignment:

Changes in the Temporary Employee’s terms and conditions of employment because of changes in the ABU Collective Bargaining Agreement, laws and regulations,

or applicable terms and conditions of employment at the Client, or because of a governmental action or binding regulation, or because of (the application of) any provision contained in the award and associated terms and conditions,

a change in costs associated with the assignment because of modifications to the ABU collective bargaining agreement or because of a governmental measure or binding regulation affecting the terms and conditions of employment of the Temporary Employee in a general sense,
Change in costs associated with the assignment due to a change in the employers’ share of social security or other contributions and pension premiums payable by Flexhub (including always an increase in such premiums due to an increase in the risks covered),
Changes in costs associated with the assignment because of changes in social security contributions and/or tax laws or because of the introduction of new charges or contributions pursuant to law, the ABU collective bargaining agreement or any binding regulations,
Changes in costs in the broadest sense of the term associated with the assignment for the Temporary Employee or for Flexhub because of the overseas assignment,
Increases in the operating costs incurred by Flexhub in processing the Services in the broadest sense,
The Customer will be notified in writing of any change.

Article 23: (Minimum) fee/charge

If the assignment has not ended and Flexhub is obliged to pay wages to the temporary employee, the Customer shall owe Flexhub the resulting remuneration.
If the assignment has been concluded with more than one Customer, which Customers belong to the same group of companies, all Customers shall be jointly and severally liable for the obligations arising from this Article, regardless of the name of the invoice.
If, pursuant to the assignment, the scope of work is less than 15 hours per week and the hours during which the work is to be performed have not been specified or clearly defined, or if no working hours have been agreed, Customer shall pay Flexhub at least the Customer Fee calculated because of three hours of work per call.
If the Client for whom the temporary employee is working invokes the “unhealthy weather regulation” adopted by the government, that regulation shall apply to the temporary employee as provided in the ABU collective bargaining agreement. During the invocation of the “Adverse Weather Regulation”, Flexhub is required to continue to pay the Temporary Employee’s wages to the extent that they or a portion thereof cannot be replaced by unemployment benefits. In accordance with the provisions of Article 23a, the Client shall continue to pay the resulting wages for those hours that cannot be replaced by WW benefits.
If the Customer revokes the assignment of the Temporary Employee within

4 days prior to the start of work, the Customer shall pay a minimum fee equal to the hours for which the Temporary Employee was called in plus the Customer’s rate.

If Flexhub must provide the Income Guarantee under the ABU Collective Bargaining Agreement to the Temporary Employee, Flexhub shall be entitled to pass the Income Guarantee on to the Client 1:1, plus the Client Rate, regardless of the length of the contract, the duration of the job, the scope of the job, and whether or not the Temporary Employee has worked.
Flexhub shall invoice Client on a weekly basis. Billing shall be based on worksheets and/or digital worksheets approved by the Customer.
Complaints regarding invoices must be submitted in writing to Flexhub within seven (7) calendar days of the date of the invoice. The Customer shall bear the burden of proof regarding the timely submission of the complaint. Subsequent complaints will not be considered. In this case, the Customer shall be deemed to have agreed to the specifications of the relevant invoice.

Article 24: Percentage of fee/customer rather than final provision

The circumstance that the Temporary Employee does not actually perform any work for the Client does not affect the obligation to pay the remuneration referred to in Article 23, unless:

(i) the parties have expressly agreed that the Customer need not pay a fee for as long as the Temporary Employee does not actually perform any work,

(ii) Flexhub does not owe the Temporary Employee any remuneration. Flexhub shall be entitled to require the continued payment of wages for so long as it has not been legally proven that no wages are due. Any unpaid wages shall be refunded to the Customer to the extent that the relevant unpaid wages can be recovered from the Temporary Worker.

If the parties have agreed that no remuneration is due from the Client during the Temporary Employee’s incapacity for work, the Client shall nevertheless owe remuneration for so long as the Client remains in default in respect of its obligations under the Temporary Employee’s reinstatement.

c. The provisions of paragraph 24a shall not apply if it has been agreed in writing with the Customer that a purchase guarantee is not applicable.

Article 25: Terms of payment

Unless otherwise agreed in writing, payment shall be made, without any discount and/or deduction not authorised in writing by Flexhub, by transfer to the bank account indicated on Flexhub’s invoice. Payment by direct debit shall be deemed equivalent to a transfer to the bank account indicated on the invoice.
Unless otherwise agreed in writing, payment must be made within 14 days of the date of the invoice, which period shall be considered strict.
Flexhub has the right to refuse to accept the order in the event of a negative credit check.
Payment will be made in euros (€). The date of payment shall be the day on which the bank credits the balance to Flexhub’s bank account.
Payments made by the Customer shall first serve to pay interest and costs due by the Customer, regardless of the account, and then to pay older overdue invoices, even if the Customer states that the payment is for a newer invoice.
Complaints about the invoice do not suspend the Customer’s obligation to pay.
Only payments to Flexhub are exempt. Payments to the Temporary Employee(s) or the provision of an advance to the Temporary Employee(s) are prohibited and are not binding and can never provide grounds for allocation or set-off.
With respect to amounts payable by Customer to Flexhub, Customer may not rely on offsetting.
The Customer shall never be entitled to unilaterally suspend its obligation to pay Flexhub.
The Customer may also not suspend its obligation to pay Flexhub in the event of dissatisfaction with the hired temporary employee and his/her work. Once the temporary worker starts work, the Customer shall owe the Customer’s rate.
In the event of liquidation, insolvency, debt restructuring, bankruptcy or suspension of payments of the Customer, the Customer’s obligations shall become due and payable in full and immediately, in which case Flexhub shall also be entitled to claim immediate compensation up to an amount equal to the remaining contractual instalments if the agreement had not been terminated.
In the event of non-payment, late payment or incomplete payment by the Customer of any amount due by the Customer, the Customer shall be in default by operation of law from the due date of the relevant invoice. From such time, the Customer shall also owe interest on arrears of 1% per month on top of the amount due:

(i) counting part of a month as a whole month,

(ii) on the gross amount of the invoice due to Flexhub.

m. All costs incurred by Flexhub as a result of Customer’s failure to meet its payment obligation shall be borne by Customer. Such costs include, but are not limited to, collection costs, and the costs of legal and/or court assistance.

Article 26: Direct debit

Upon Flexhub’s first request, the Customer shall ensure payment by direct debit (if agreed). In this case, the Customer shall be obliged to maintain a sufficient balance in the relevant account so that the amounts due can be charged by direct debit.
By issuing a direct debit authorisation, the Customer undertakes not to reverse, reverse or otherwise undo the collection by Flexhub.
If, despite the foregoing, the Customer nevertheless reverses, reverses or cancels a direct debit payment by Flexhub, it is consequently in default and shall be liable to compensate any loss suffered by Flexhub as a result. Such compensation shall be set at a minimum amount of € 150.00 per day, subject to the right to claim full compensation if the damage exceeds this minimum amount.

Article 27: Rights of suspension of performance

If the Customer fails to comply with these General Terms and Conditions, Flexhub shall have the right to suspend the performance of its work with immediate effect or to refrain from further performance.

Article 28: Force majeure on the part of Flexhub

To the extent not already included in this Article, force majeure in this Article shall mean:

(i) any circumstance independent of Flexhub’s will, which permanently or temporarily prevents the performance of the Agreement and which should not have been against Flexhub either by law or by the rules of reason and justice, including, but not limited to: strikes, occupations, lockouts, blockades, embargoes, governmental measures, war, revolution and/or any situation equivalent thereto, power outages, breakdowns in electronic communication lines, fire, explosion and other disasters, water damage, floods, earthquakes and other natural disasters, violation of labor laws, widespread illness (of an epidemiological nature) of persons or quarantine measures, and animal diseases, whether or not caused by the government; or,

(ii) a situation in which the temporary employee fails to cooperate on 2G or 3G while this has been made mandatory in the workplace under laws and regulations or required to be placed on the Customer because of the Customer’s authority to do so under laws and regulations; or

(iii) a situation based on social pressure or government advice based on which Flexhub makes a decision not to allow employees to perform work in the physical workplace/workplace.

In the event of force majeure on the part of Flexhub, Flexhub’s obligations to the Customer shall be suspended for the duration of the force majeure situation. However, this suspension shall not apply to obligations to which the force majeure does not apply, and which had already arisen before the occurrence of the force majeure.
As soon as Flexhub is subject to a force majeure situation as referred to in paragraph 1 of this Article, it shall immediately inform the Customer.
If the situation of force majeure referred to in paragraph 1 of this Article has lasted for three months, or as soon as it is established that the situation of force majeure will last for more than three months, Flexhub shall be entitled to terminate the contract prematurely without observing any notice period and without being obliged to pay compensation to the Customer. Even after such termination of the assignment, the Customer shall be obliged to pay Flexhub the fees owed to Flexhub for the period prior to the force majeure situation.
During the force majeure situation referred to in paragraph 1 of this Article, Flexhub shall not be obliged to compensate any damage suffered by or to the the Customer, nor shall it be obliged to do so after the termination of the contract as referred to in paragraph 4 of this Article.
In the event of force majeure on the part of Flexhub, the Customer shall pay Flexhub the Customer’s rate during the period of force majeure, provided that Flexhub is obliged to continue to pay wages to the temporary employee.

Article 29: Force majeure on the part of the Client

Force majeure on the part of the Customer (hereinafter referred to as “Force Majeure”), as referred to in this Article, occurs if:

(i) the Customer’s business activity, governmental or otherwise, for any reason, including, but not limited to, strikes, sit-down strikes, blockades, embargoes, governmental measures, war, revolution and/or any situation equivalent thereto, power failure, breakdowns in electronic communication lines, fire, explosion and other disasters, water damage, floods, earthquakes and other natural disasters, violation of labour laws, extensive (epidemiological) diseases of persons or quarantine measures, as well as animal diseases, must be (temporarily) completely or partially closed or no work can be performed at the customer’s workplace, or

(ii) a situation where the temporarily employed person does not co-operate on 2G or 3G, even though this has become mandatory at the place of work in accordance with law and regulations or has become mandatory at the Customer’s place of work because of the Customer being authorised to do so in accordance with law and regulations; or

(iii) based on social pressure or government advice the Customer takes the decision to make the work/

/ Workplace in whole or in part and/or does not allow (recruited) employees to perform the work at the physical workplace / workstation.

As soon as the Customer encounters reasons of force majeure, the Customer shall immediately inform Flexhub.
In case of force majeure, the Customer is entitled to postpone the work

or posting of the temporary employee temporarily, in whole or in part, but not for more than 3 months.

In the event of force majeure and/or the Client exercises its right to suspend the employment of the Temporary Employee, this shall not relieve the Client of its obligation to (continue to) pay the Client Quota to Flexhub for the duration of the Temporary Employee’s temporary employment contract and Flexhub shall continue to pay the Temporary Employee’s wages. In this case, the Customer is therefore not expressly permitted to temporarily suspend, in whole or in part, its obligation to pay Flexhub, unless

(i) the agreement with the Temporary Worker can be terminated immediately by Flexhub; or

(ii) the agreement with the Temporary Worker may be terminated immediately by Flexhub; or

(iii) Flexhub may discontinue payment of wages to the Temporary Employee for any other reason.

Customer may, in the event of Force Majeure, terminate the Temporary Employment Assignment only if and to the extent and only up to the date that Flexhub may validly terminate the Temporary Employee’s Temporary Employment Agreement.
If, in the event and during the Force Majeure, Flexhub is indemnified (in whole or in part) by the Government for the obligation to pay (continue) the Temporary Employee’s wages, Flexhub shall not be obligated, but shall be entitled, subject to conditions to be determined by Flexhub, to discount the indemnification to the Customer Percentage paid by the Customer.
If, in the event and during a governmental force majeure, the Customer is or is not compensated (in part), Flexhub reserves the right to full payment of the agreed Customer Price. Flexhub shall not be obliged to discount the compensation to the customer price.

h. If, because of force majeure on the part of the Customer, the Temporary Worker is temporarily required to work from home, the Customer is responsible and accountable, taking into account the applicable working conditions and relevant laws and regulations, for providing the Temporary Worker with suitable working space at home. In this case, the Client shall bear all costs involved in working from home, unless otherwise agreed in writing between the parties.

Article 30: Virus infections and tests

The Customer is not permitted in case of virus infections, including, but not limited to, COVID19:

Conduct its own testing (corona) on the Temporary Employee, unless there is a legal basis for doing so.
Take the Temporary Employee’s body temperature before/at the time of entering the workplace, unless body temperature measurement is taking place:

(i) In an enclosed area,

(ii) out of sight of others,

(iii) with the express consent of the temporary worker,

(iv) without any obligation on the part of the Temporary Worker to share the results,

(v) without touching the Temporary Worker, but also without being performed automatically (e.g. by a thermal camera),

(vi) without processing the measured temperature.

In the event of a measured temperature above 38 degrees Celsius, the Customer shall immediately notify the Temporary Worker and Flexhub. If the measured temperature is below 38 degrees Celsius, the Temporary Worker shall be admitted to the Customer’s workplace without hindrance unless a 2G or 3G policy (policy) is validly applied to the Customer and the Temporary Worker does not cooperate or comply with it.
The Customer shall fully and strictly comply with the Privacy Rules and other obligations under the law and regulations. Also, with regard to data processing in case of application of 2G or 3G policies. The Customer himself is fully responsible and accountable for the body temperature measurements, for the 2G or 3G policy followed by him and/or for any other measures taken in relation to virus infections. In this regard, Flexhub shall not be liable for any direct or indirect damages suffered by the Customer or third parties (including the Temporary Employee), in whatever name and on whatever basis. The Customer shall also indemnify Flexhub against any related claim, right, penalty or damage.

If, in accordance with applicable laws and regulations, a

or 3G obligation applies or may be enforced by Flexhub and/or Customer, Customer and Flexhub shall use their best efforts to properly implement and enforce it and shall promptly notify each other and the Temporary Employee.

If the Temporary Employee fails to cooperate with the 2G or 3G policy adopted by Flexhub and/or the Customer, where the Customer and Flexhub are authorized or required by law or regulation to implement a 2G or 3G policy, or if the Temporary Employee fails to follow or comply with other instructions and obligations applicable under the duty of care or working conditions, the Customer and Flexhub, in consultation with the Temporary Employee, shall

(i) consider whether working from home or working at another location is a possibility. If, in the opinion of the Client and Flexhub, this is possible, the parties will consult with the Temporary Employee and make further arrangements in this regard. Such arrangements shall include, inter alia, the Customer’s obligation to pay Flexhub for the costs of the place of work (at home) and, if a work (at home) allowance applies to the Customer and the Temporary Worker is also entitled to it, Flexhub shall be entitled to pass on the work (at home) allowance to the Customer and the Customer shall pay the Customer’s rate during the period that the Temporary Worker is working from home,

(ii) if working from home or at another location is not an option or the Temporary Worker refuses to do so, the Customer, after consultation with Flexhub, shall be entitled to refuse the Temporary Worker access to the work or workplace, provided that the Customer shall continue to pay the Customer Rate to Flexhub for so long as Flexhub is obliged to continue to pay wages to the Temporary Worker,

(iii) if working from home or at another location is not an option or the Temporary Worker refuses to do so, the Client and Flexhub may determine that Flexhub will terminate the Temporary Worker’s temporary employment agreement. This option only applies if the relevant sub-administrative court terminates the temporary employment contract, the temporary employment clause has been agreed and can be validly invoked by Flexhub, the UWV grants permission to terminate the temporary employment contract, or the temporary worker consents to termination or cancellation of the temporary employment contract (by mutual agreement). The Customer retains an obligation to Flexhub to pay the Customer Rate for as long as the temporary employment contract is not validly terminated. Flexhub shall be entitled to assign to the Customer any compensation, however called and on any basis, arising from the termination of the temporary employment contract of the temporary employee.

Article 31: Copyright

Subject to the provisions of these General Terms and Conditions, Flexhub reserves the rights and powers to which Flexhub is entitled under copyright law.
All agreements entered by Flexhub and all brochures, written or (electronic) records remain the property of Flexhub, whether made available to the Customer or to third parties, unless otherwise agreed.
Flexhub shall not be liable to the Customer for any penalty or fine forfeited by the Temporary Employee or for any loss suffered by the Temporary Employee as a result of the Temporary Employee relying on any intellectual and/or industrial property rights.
At the Customer’s request, Flexhub shall require the Temporary Employee to sign a written statement in order to implement or promote – to the extent necessary and possible – that all intellectual and industrial property rights in the results of the Temporary Employee’s work shall vest in or be transferred to the Customer. If Flexhub owes the Temporary Employee any compensation in this respect or if other costs are incurred, the Customer shall owe Flexhub equal compensation or costs.

Article 32: Confidentiality and data breach

The Parties shall keep confidential all confidential information obtained under the Agreement from each other or from any other source. Information shall be considered confidential if the other Party has so indicated or if this is evident from the nature of the information.
All information received by the parties under the award will be kept confidential and will not be disclosed to third parties. Confidential information shall in all cases include all materials, documents, ideas, samples, knowledge, data, figures, prices and other information that:

(i) relate to trade secrets or business information of any party; and/or,

(ii) are designated as “confidential”; and/or,

(iii) information concerning the identity of the parties involved and the affairs of customers and clients, suppliers, affiliated parties, employees, workforce, temporary employees, self-employed persons, and potential customers and clients of the parties involved that has come to the attention of or comes into the possession of either party; and/or,

(iv) information that is, or reasonably could and should be, considered by the parties to be confidential or personal data within the meaning of the General Data Protection Regulation (GDPR), whether such tangible information is classified as “confidential”.

In the event of a breach of confidentiality as provided in this Article, the party breaching confidentiality shall pay a fine of EUR 15,000.00 per breach and EUR 1,000.00 for each day or part of a day that the breach continues, without summons or notice of default, immediately and forthwith.
Such fine(s) shall be without prejudice to a party’s right to claim, in lieu of the fine(s), full compensation, performance of the obligation(s), immediate termination of the award (agreement) (to the extent that it has commenced or is continuing), and any other right a party may have. No notice of default is required.
If Flexhub is required by statutory provision or court order to provide confidential information to third parties designated by law or by a court of competent jurisdiction, and Flexhub cannot in this regard rely on a right to refuse to provide evidence under the law or a right recognized or permitted by a court of competent jurisdiction, Flexhub shall not be liable for any damages caused by such confidential information. obliged to pay compensation or damages and the Customer shall not be entitled to terminate the contract for any reason whatsoever.
The parties shall comply with the legislation of the General Data Protection Regulation.
The Customer shall treat the Temporary Employee appointed by Flexhub and the personal data, information and/or written documents provided with such appointment in a fair and careful manner. In doing so, Customer shall act in accordance with AVG and/or other data protection laws and/or regulations. Flexhub may not be required to provide data, information and/or written documents to Customer if doing so violates any laws and/or regulations, including, but not limited to, the AVG or other privacy laws and/or regulations.

The parties shall send each other all relevant information required to comply and continue to comply with their obligations under the AVG and relevant laws and regulations in a timely manner.

Customer shall retain all data received and/or collected and/or processed no longer than is strictly necessary and shall destroy it without delay after the expiry of the agreement/time period.
The Client shall inform the Temporary Employee of all personal data recorded about him/her and the manner, time and purposes of processing such data.
The Customer shall immediately notify Flexhub in the event of a data breach involving or likely to involve personal data of Flexhub’s Temporary Employees.

Article 33: Miscellaneous

During the term of the Contract, Flexhub shall be registered in the Commercial Register, indicating that it carries out the activity of providing workers as referred to in Article 7a Waadi.
The Client warrants that the information in the Assignment (confirmation) is correct and indemnifies Flexhub in this respect. In the event of any conflict between what is stated in the Assignment (confirmation) and the Assignment, what is stated in the Assignment (confirmation) shall prevail.
The Customer is responsible for identifying and verifying the identity of the Temporary Employee(s) provided to it.
Flexhub has a strict anti-discrimination policy and rejects all forms of discrimination. By discrimination we mean direct and indirect discrimination between individuals based on age, gender, marital status, sexual orientation, sexual orientation, philosophy of life, political or religious beliefs, race, national origin or ethnicity. We also understand discrimination to include responding to requests during the application process to discriminate between persons on the basis of certain criteria that are not at all necessary and/or relevant to the proper filling of the position. Requests (assignments) by the Client to discriminate between persons based on certain criteria that are not at all necessary and/or relevant to the proper filling of the position Discrimination criteria for fixed-term employees will not be considered.
Discriminatory applications will only be accepted if there is an objective justification for the criteria set. There is objective justification in recruitment and selection based on the criteria requested by the Customer if:

(i) it serves a legitimate purpose: this means that there is a good (job-related) reason for checking the relevant criteria during the application process,

(ii) it leads to the achievement of the legitimate purpose: the instrument is suitable to achieve the purpose,

(iii) it is reasonably proportionate to the purpose: there is proportionality to the purpose,

(iv) it is necessary because there is no other, less discriminatory way of achieving the objective.

f. If, prior to or during the recruitment process, Flexhub is of the opinion that there is a discriminatory request by Customer without objective justification, Flexhub shall report this to Customer and shall not proceed with the posting in relation to the discriminatory request, in which case Flexhub shall hold Customer liable for any damages arising therefrom on the part of Flexhub and without prejudice to all other obligations of Customer to Flexhub.

Article 34: Disputes/applicable law/Amendments

The court of Flexhub’s domicile shall have exclusive jurisdiction to hear any disputes, including disputes deemed to be such by a single party. Flexhub shall, however, have the right to submit the dispute to the court having jurisdiction according to law.
Any agreement between Flexhub and the customer shall be governed by Dutch law.
If a situation in the General Terms, the Assignment (Confirmation) and the Annexes has not been foreseen in advance by the Customer and Flexhub or requires amendment, Flexhub reserves the right to make amendments to the Assignment (Confirmation) and the Customer consents thereto.
If during the term of the Contract one or more cost price factors undergo a change, unforeseen or otherwise, Flexhub shall be entitled to change its prices accordingly and the Order (Confirmation) shall be adjusted accordingly. The Customer agrees to the changes.
Agreements already concluded prior to the date of filing of these General Terms and Conditions are immediately subject to these General Terms and Conditions, unless the nature of the amendments to the respective articles reasonably precludes such application or the Customer has expressly objected.

f. Amendments and supplements to these General Terms and Conditions made by Flexhub shall be binding upon notification of the amendments or supplements to the parties by Flexhub.

Chapter 2: Recruitment and selection

Article 35: Definitions

In these General Conditions Chapter 2: Recruitment and Selection, the following terms shall have the following meanings:

Flexhub: Flexhub Group B.V. Chamber number 73301140. Flexhub Group B.V. includes the following affiliated companies: Flexhub B.V. Group B.V.: Flexhub Group B.V. includes the following companies: Flexhub B.V. with the Chamber number 18072838, Flexhub II B.V. with the Chamber number 75462850 and Flexhub III B.V. with the Chamber number 71226206.
Client: any natural or legal person on whose behalf Flexhub performs recruitment and selection activities, or the person with whom Flexhub enters into an assignment agreement or with whom Flexhub negotiates the conclusion of an agreement or assignment, for the recruitment and selection of a Candidate for the benefit of the Client, so that the Candidate subsequently enters an employment relationship directly with the Client. Customer also means the legal entity with which Customer is associated in a corporate or organizational capacity.
Assignment (confirmation): any assignment agreement concluded between Flexhub and the Customer, any amendment or addition thereto, and all (legal) acts for the preparation and execution of such agreement, as well as any offer by Flexhub, the mere acceptance of which may lead to an agreement.
Candidate: the persons presented to the Customer by Flexhub under the Assignment, including, but not limited to, the Candidate who replaces him.
Client Percentage: the percentage Flexhub charges the Client for the Candidate’s brokerage.
Employment relationship: employment contract, as defined by the Dutch Civil Code, and/or assignment and/or delegation agreement between the Candidate and the Client, or formal appointment of the Candidate to the Client, or employment of the Candidate by the Client through a third party other than Flexhub to perform work in any way for the Client.
AVG: General Data Protection Regulation and related laws and regulations.

Article 36: Assignment

By approving Flexhub’s proposal for the recruitment and selection of a Candidate or presenting a Candidate to Customer (verbally, by telephone or by letter), Customer represents and acknowledges that it has awarded Flexhub the Assignment on the applicable terms and conditions as described in the Assignment (confirmation) and/or these General Terms and Conditions.
Any additional agreements or amendments made later shall only be valid if a duly authorised Flexhub employee has confirmed them in writing and the Customer has not objected in writing by registered letter within five days of such confirmation.
The Customer is bound by its order and, in the event of amendment and/or cancellation of the order, shall indemnify Flexhub for any loss suffered as a result, irrespective of the reason – including force majeure – for the amendment and/or cancellation, regardless of Flexhub’s acceptance thereof.
The Customer shall provide Flexhub in a timely and complete manner with all information and/or written documents necessary for the performance of the contract. This includes in each case such information and/or written documents as is reasonably required for the proper recruitment and selection of a Candidate, which is an accurate description of the job, the required and desired (professional) qualifications, (an indication of) the salary, hours of work, working hours, working time, place of work, working conditions and the expected duration of the employment relationship. The outcome of the assignment depends not only on Flexhub’s efforts, but also on the Client and any external factors. Taking these factors into account, Flexhub makes every effort to achieve the intended result.
Customer shall treat the Candidate nominated by Flexhub and the information and/or written documents provided with such nomination in a fair and careful manner. In so doing, Customer shall act in accordance with AVG. Flexhub may not be required to submit data, information and/or written documents to Customer if doing so violates any laws and/or regulations, including, but not limited to, the AVG.

The parties shall send each other all relevant information required for the timely performance and continued performance of their obligations under the AVG.

Article 37: Recruitment and selection procedure

Unless expressly agreed otherwise, Flexhub shall present one or more Candidates to Customer for each assignment, based on the information and data provided by the Candidate on the one hand and the requirements described by Customer on the other hand. Nevertheless, Flexhub has the obligation to perform to the best of its ability and not the obligation to perform.
Subject to the agreements between Flexhub and Client, as contained in these General Terms and Conditions and the Assignment, Client may or may not enter an employment relationship with each Candidate after such introduction. The Client and the Candidate shall determine in mutual consultation the terms on which they wish to enter into the employment relationship.
Flexhub will determine which Candidates it wishes to introduce to the Client based on the information provided to it and the availability of Candidates in the network. The Customer is responsible for the final

final final selection of the Candidate and Customer is responsible for verifying the information provided by the Candidate.

Flexhub assumes no responsibility and/or liability if the Candidate does not meet the expectations or wishes of the Customer or if the Customer enters an employment relationship with the Candidate on the basis of incorrect or incomplete information.
Client must report to Flexhub no later than five days after conducting an introductory interview with Candidate. No later than five days after the employment relationship is established, Client must notify Flexhub and provide Flexhub with a copy showing the employment relationship and the relevant terms of employment.
References for candidates are confidential. If the Client discloses a Candidate’s data to a third party, this will be considered a “Third Party Introduction”, meaning that the Candidate subsequently enters an employment relationship with a party other than Flexhub (this may include, but is not limited to, a company affiliated with the Client or another party). If such Third-Party Introduction or a subsequent Third-Party Introduction result in the Candidate’s employment relationship with the Third Party (or a company affiliated or associated with the Third Party) within six years.

(6) months from the introduction of the Candidate by Flexhub to the Customer, then the Customer shall also owe Flexhub the Customer Percentage calculated in accordance with Article 38 of these General Terms and Conditions.

Article 38: Customer Percentage

The Customer shall owe Flexhub the Customer Percentage charged by Flexhub in accordance with the Assignment (confirmation).
Unless otherwise agreed by the parties, the Client Percentage shall be 25% of the gross annual salary on a full-time basis agreed between the Client and the Candidate, plus VAT. The gross annual salary includes holiday pay and (if applicable) commissions, guarantee commissions, fixed profit distributions and bonuses, as well as the addition of any tax on any allocated (leased) cars. If this tax addition cannot (yet) be determined, it is set at EUR 3,250. If the gross annual salary cannot be determined based on the information provided by the Customer, Flexhub will unilaterally carry out a market survey, on the basis of which the gross annual salary will be determined and agreed by the Customer.
If no divergent agreements have been entered into between the parties: If

the Candidate i) enters into an employment relationship for less than one calendar year, and/or ii) enters into an employment relationship with the Customer on a part-time basis, and/or iii) after the employment relationship between the Customer and the Candidate is established, the employment relationship is terminated for any reason and on any basis after four weeks from the commencement of the employment relationship, the Customer shall nevertheless pay the Customer’s full Rate as if the employment relationship had been entered into for a period of one calendar year and on a full-time basis.

If the Client enters an employment relationship with a Candidate within six months of induction, the Client shall still be liable to pay the Client Percentage regardless of the position to which the Candidate is ultimately appointed.
Flexhub shall in no event be obliged to pay the Client a transitional fee and/or any other remuneration, by whatever name and on whatever basis, if the employment relationship with the (replacement) Candidate is terminated.

with the (replacement) Candidate is terminated at any time and for any reason.

The transfer fee and/or any other compensation, however named and on any basis, paid by the Client to the (replacement) Candidate shall be borne entirely by the Client.
The Customer is prohibited to transmit in any way data from or about Candidates to third parties or to recommend Candidates to third parties. In addition, Customer is prohibited from recruiting a company because a (former) Flexhub employee or self-employed person has been connected in any way with that company. If Customer violates this prohibition, Customer shall pay Customer’s percentage of the hiring confirmation in accordance with this Article.
If, after Flexhub receives an assignment from Client, a Candidate is referred to Client in a manner other than through Flexhub, such Candidate shall be deemed to have been brokered by Flexhub.

i. If the Client decides to enter into a working relationship with more than one Listed Candidate – regardless of position – the Client shall pay the Client’s full price per working relationship as agreed in the assignment (confirmation) in relation to which the listing was made.

Article 39: Liability

The Customer shall be liable, without further notice of default being required, to Flexhub for any loss arising from a breach of its obligations under the Contract or these General Terms and Conditions.
Flexhub shall not be liable in the unlikely event that a Candidate is unable to report to the Customer on time or in the unlikely event that, for whatever reason, an employment relationship cannot be established with the reporting Candidate.
Flexhub shall in no event be liable for the consequences of all acts/omissions or (consequential) damages arising from the introduction and/or recruitment of a Candidate introduced by Flexhub.
Flexhub shall not be liable for any consequential loss suffered by the Client or third parties, including intangible loss, commercial loss or any other form of indirect loss.

e. Flexhub’s liability, subject to the foregoing, shall be limited per occurrence (where a connected series of occurrences is counted as one occurrence) to the amount of EUR 7,500.

Article 40: Combating discrimination

Flexhub applies a strict anti-discrimination policy and rejects all forms of discrimination. By discrimination we mean direct and indirect discrimination between persons based on age, gender, marital status, sexual orientation, life, political or religious beliefs, race, national origin or nationality. Discrimination also includes responding to requests during the application procedure to discriminate between persons based on certain criteria which are in no way necessary and/or relevant to the proper filling of the post. Requests (instructions) by the Client to consider discriminatory criteria in the recruitment, selection and/or application process of the Candidate will not be considered.
Requests that discrimination will only be accepted if there is objective justification for the criteria being set. There is

objective justification in recruitment and selection based on the criteria requested by the Client if

(i) it serves a legitimate purpose: this means that there is a good (job-related) reason for checking the relevant criteria in the application process,

(ii) it leads to the achievement of the legitimate purpose: the instrument is suitable for achieving the purpose,

(iii) it is reasonably proportionate to the purpose: there is proportionality in relation to the purpose,

(iv) it is necessary because there is no other, less discriminatory way of achieving the objective.

c. If, prior to or during the hiring process, Flexhub is of the opinion that there is a discriminatory request by Client that is discriminatory without objective justification, Flexhub will provide feedback to Client and will not place Candidate in the job related to the discriminatory request.

Article 41: Final provisions

a. The following articles from Chapter 1 of these General Terms and Conditions shall apply in full to Chapter 2: Articles 1, 25, 26, 27, 28, 29, 31, 32, 33 and 34. Wherever the term Temporary Employee is used in these Articles, for the purposes of this Chapter, the term Candidate shall be understood to include the Candidate. The same shall apply to the term Fee, which for the purposes of this Chapter shall mean Client Fee. The term Client also means Client as used in this Chapter and the term Flexhub means Flexhub as used in this Chapter.

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