FlexBoss Uitzendbureau: FlexBoss Uitzendbureau, established in Ridderkerk under Chamber of Commerce no. 74318969.
Client: the person with whom FlexBoss Uitzendbureau has entered into an agreement.
Parties: FlexBoss Uitzendbureau and customer together.
Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of FlexBoss Uitzendbureau.
Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or of third parties.
All prices that FlexBoss Uitzendbureau uses are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
All prices that FlexBoss Uitzendbureau uses for its products or services, on its website or that are otherwise made known, FlexBoss Uitzendbureau can change at any time.
The price with regard to a service is determined by FlexBoss Uitzendbureau on the basis of the hours actually spent.
The price is calculated according to the usual hourly rates of FlexBoss Uitzendbureau, valid for the period in which he performs the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total amount for a service by FlexBoss Uitzendbureau, this is always a target price, unless the parties have explicitly agreed in writing on a fixed price, from which it cannot be deviated.
FlexBoss Uitzendbureau is entitled to deviate up to 10% of the target price.
If the target price is more than 10% higher, FlexBoss Uitzendbureau must inform the customer in good time why a higher price is justified.
If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
FlexBoss Uitzendbureau has the right to adjust the prices annually.
Prior to its commencement, FlexBoss Uitzendbureau will communicate price adjustments to the customer.
The consumer has the right to cancel the agreement with FlexBoss Uitzendbureau if he does not agree with the price increase.
Consequences not paying on time
If the customer does not pay within the agreed term, FlexBoss Uitzendbureau is entitled to charge interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month.
If the customer is in default, he will also owe extrajudicial collection costs and any compensation to FlexBoss Uitzendbureau.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, FlexBoss Uitzendbureau may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of FlexBoss Uitzendbureau on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by FlexBoss Uitzendbureau, he is still obliged to pay the agreed price to FlexBoss Uitzendbureau.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
Unless the customer is a consumer, the customer waives his right to set off a debt to FlexBoss Uitzendbureau with a claim against FlexBoss Uitzendbureau.
The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
delivered goods that are necessary for the execution of the underlying agreement
matters of FlexBoss Uitzendbureau that are present at the customer
items that are delivered under retention of title
The customer will provide the policy of these insurance policies for inspection at FlexBoss Uitzendbureau’s first request.
When the parties have entered into an agreement of a service nature, this only contains best efforts obligations for FlexBoss Uitzendbureau, not obligations for results.
Execution of the agreement
FlexBoss Uitzendbureau will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
FlexBoss Uitzendbureau has the right to have the agreed services (partially) performed by third parties.
The implementation of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
It is the responsibility of the customer that FlexBoss Uitzendbureau can start implementing the agreement on time.
If the customer has not ensured that FlexBoss Uitzendbureau can start the execution of the agreement on time, the resulting additional costs and / or extra hours will be borne by the customer.
Provision of information by the customer
The customer makes all information, data and documents that are relevant for the correct execution of the agreement available to FlexBoss Uitzendbureau in a timely manner and in the desired form and in the desired manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
If and insofar as the customer requests this, FlexBoss Uitzendbureau will return the relevant documents.
If the customer does not, not timely or not properly provide the information, data or documents reasonably required by FlexBoss Uitzendbureau and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.
Duration of the agreement concerning a service
The agreement between FlexBoss Uitzendbureau and the customer regarding a service or services is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have explicitly agreed otherwise in writing.
If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after the expiry of the period, unless 1 of the parties terminates the agreement with due observance of a notice period of months, or a consumer cancels the agreement with due observance. of a notice period of 1 month, whereby the agreement ends by operation of law.
If the parties have agreed on a term for the completion of certain activities within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give FlexBoss Uitzendbureau written notice of default.
Terminate the service contract for an indefinite period of time
The customer can terminate an agreement for a service that has been entered into for an indefinite period at any time with due observance of a notice period of 1 month.
A consumer has the right to terminate an agreement for a service for an indefinite period with due observance of a notice period of 1 month.
The customer keeps secret any information he receives (in whatever form) from FlexBoss Uitzendbureau.
The same applies to all other information regarding FlexBoss Employment Agency of which it knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its distribution could cause damage to FlexBoss Employment Agency.
The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 secret.
The duty of confidentiality described in this article does not apply to information:
which was already public before the customer learned of this information or which later became public without this being the result of a breach of the customer’s confidentiality obligation
which is made public by the customer on the basis of a legal obligation
- The duty of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, he will forfeit an immediately payable fine for each violation on behalf of trade name.
- if the other party is a consumer, this fine will be € 1,000
- if the other party is a legal entity, this fine is € 5,000
In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
No prior notice of default or legal proceedings are required for forfeiture of this fine. There is also no need for any form of damage.
Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of FlexBoss Temporary Employment Agency, including its right to claim compensation in addition to the fine.
The customer indemnifies FlexBoss Uitzendbureau against all claims from third parties related to the products and / or services delivered by FlexBoss Uitzendbureau.
The customer must examine a product or service provided by FlexBoss Uitzendbureau as soon as possible for any shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform FlexBoss Uitzendbureau of this as soon as possible, but in any case within 1 month after discovery of the shortcomings.
Consumers must inform FlexBoss Uitzendbureau of this within 2 months after discovery of the shortcomings.
The customer provides a description of the shortcoming that is as detailed as possible, so that FlexBoss Uitzendbureau is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this cannot in any case lead to FlexBoss Employment Agency being obliged to perform other work than agreed.
Notice of default
The customer must notify FlexBoss Uitzendbureau of any notice of default in writing.
It is the responsibility of the customer that a notice of default actually reaches FlexBoss Uitzendbureau (on time).
Joint and several liability of the customer
If FlexBoss Uitzendbureau enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to FlexBoss Uitzendbureau under that agreement.
Liability FlexBoss Uitzendbureau
FlexBoss Uitzendbureau is only liable for any damage that the customer suffers if and insofar as this damage is caused by intent or deliberate recklessness.
If FlexBoss Uitzendbureau is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
FlexBoss Uitzendbureau is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If FlexBoss Uitzendbureau is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and only approximate and cannot give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any obligation.
Any right of the customer to compensation from FlexBoss Uitzendbureau expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to cancel
The customer has the right to dissolve the agreement if FlexBoss Uitzendbureau imputably fails to fulfill its obligations, unless this shortcoming does not justify the dissolution in view of its special nature or minor significance.
If the fulfillment of the obligations by FlexBoss Uitzendbureau is not permanent or temporarily impossible, dissolution can only take place after FlexBoss Uitzendbureau is in default.
FlexBoss Uitzendbureau has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if FlexBoss Uitzendbureau has taken note of circumstances that give it good grounds to fear that the customer fulfills his obligations will not be able to perform properly.
Force of the majority
In addition to the provisions of Article 6:75 Dutch Civil Code, a shortcoming of FlexBoss Uitzendbureau in the fulfillment of any obligation towards the customer cannot be attributed to FlexBoss Uitzendbureau in a situation independent of the will of FlexBoss Uitzendbureau, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected of FlexBoss Uitzendbureau.
The force majeure situation referred to in paragraph 1 also includes – but is not limited to -: an emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation arises as a result of which FlexBoss Uitzendbureau cannot fulfill 1 or more obligations towards the customer, then those obligations will be suspended until FlexBoss Uitzendbureau can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
FlexBoss Uitzendbureau does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
Amendments to the agreement
If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
Changes to general terms and conditions
FlexBoss Uitzendbureau is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
FlexBoss Uitzendbureau will discuss major substantive changes with the customer as much as possible in advance.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of Rights
Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of FlexBoss Uitzendbureau.
This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
Consequences of nullity or voidability
If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is invalid or voidable will in that case be replaced by a provision that comes closest to what FlexBoss Uitzendbureau had in mind when drawing up the conditions on that point.
Applicable law and competent court
Dutch law is exclusively applicable to every agreement between the parties.
The Dutch court in the district where FlexBoss Uitzendbureau is established / maintains a practice / maintains its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.