Terms of use

Article 1 : Scope of application
These general conditions apply to all offers, assignments and agreements regarding recruitment & selection of personnel by Select Human Resources n.v..

Article 2: Deontology
As a recognised recruitment and selection office, Select Human Resources acts in accordance with the legal regulations applicable to recruitment and selection offices and in accordance with the law on the protection of privacy.

Article 3 : Non-binding offers
All quotations and offers from Select Human Resources are without obligation. No rights whatsoever may be derived from the quotation or offer if the candidate to whom the quotation or offer relates is no longer available in the meantime.

Article 4: Provision of information and due care

1. The client is obliged to provide Select Human Resources in a timely manner with all information that may reasonably be of importance in connection with the mediation.
2. The client is obliged to treat the candidate nominated by Select Human Resources and the information provided with this nomination in a correct and careful manner. This also means that the client is obliged to provide Select Human Resources with a report within a reasonable time after the preliminary interview has taken place.

Article 5: Liability

1. Select Human Resources is only bound by a best-efforts obligation to conclude the agreements. For this reason no guarantee can be given as to the result of the assignment.
2. Before entering into an employment contract with the candidate, the client is obliged to independently assess the candidate's suitability. Select Human Resources will take all due care prior to and during the selection, but this does not relieve the client of its obligation to investigate. Select Human Resources is not liable if it appears that the candidate does not meet the expectations of the client, unless Select Human Resources has been demonstrably negligent in the recruitment and selection. Any liability in that case is limited to a maximum of the fee received for that assignment.
3. Select Human Resources is in no way liable for damage and losses caused by candidates mediated through Select Human Resources.
4. The client indemnifies Select Human Resources against damages and liability towards third parties.

Article 6 : Non-solicitation clause
Select Human Resources shall, for a period of 12 months after the realisation of a recruitment agreement, refrain from approaching the client's employee(s) with the intention of mediating for the employee(s) to another employer, unless the employee takes the initiative by demonstrably making it known that he/she wishes to accept a position elsewhere.

Article 7 : Confidentiality
Both parties are obliged to keep confidential all confidential information which they have obtained from each other or from other sources in the framework of their agreement.

Article 8 : Competition clause

1. If the client rejects a candidate presented by Select Human Resources or the candidate rejects an offer from the client and an employment contract is still concluded between the client and the candidate within 12 months after the first presentation of the candidate by Select HR to the client, then the client concerned is still obliged to pay the mediation fee.
2. The client is prohibited from passing on information about candidates in any way to third parties or introducing candidates to third parties. If the client violates this prohibition, he is bound to pay a fixed compensation equal to 20% of the candidate's gross annual salary.

This article already applies from the first contact between the client and the contractor, even before the actual start of the assignment.

This article also applies to all candidates proposed by Select Human Resources.

Article 9 : Payment and additional costs

1. The invoices of Select Human Resources are payable upon receipt, net and without discount. In the event of payment other than by cash, transfer, direct debit or cheque, the costs of collection shall be borne by the client. In the event of non-payment upon receipt of the invoice, interest of 0.85% per month shall be payable by operation of law and without prior notice of default. In addition, after written notice of default, liquidated damages shall be due in the amount of 15% on the sums due, with a minimum of €125. Select HR's bills cannot change this arrangement and do not create any debt renewal. The candidate is not authorised to collect invoices.
   If the client fails to fulfil its legal obligations or the contractual (i.e. special and general) conditions, as well as in case of non-payment, Select HR has the right, without being liable for payment of any damages, to regard the current contracts as dissolved. The client shall fully indemnify Select HR against any adverse consequences that Select HR may suffer in this connection.
   All complaints concerning invoices must reach Select HR within eight calendar days of the invoice date by reasoned registered letter. After this deadline, any complaint is inadmissible.
2. If during the execution of the contract, at the request of the client, the object of the services is changed (or if the candidate's profile is changed), the original price shall be increased in accordance with the additional work requested. If the client requests additional services not described in the contract, these will be the subject of an addendum, with separate invoicing.

Article 10 : Data protection
Both parties shall, within the framework of the agreed services, each separately comply with applicable privacy and data protection legislation. In accordance with applicable legislation, each party is responsible for processing the personal data of candidates, applicants, temporary employees, permanent employees, contact persons and other data subjects within the framework of current or future agreements.

The parties agree that personal data may be exchanged. Each party is responsible for the fact that personal data will only be passed on if the right to do so exists and if the required consent of the data subject has been obtained.

The client acts as the data controller and undertakes to comply with all obligations relating to the protection of personal data. The client guarantees, inter alia, to take appropriate technical and organisational measures so that the processing of personal data complies with the requirements of the law and the protection of the rights of the data subject is guaranteed.
The client guarantees that the persons authorised to process personal data undertake to observe confidentiality or are bound by an appropriate legal obligation of confidentiality.

The client shall immediately delete all personal data of a candidate proposed by us if the client decides not to retain this candidate. Furthermore, the client shall delete or return all personal data at the end of services and delete existing copies, unless storage of the personal data is required by Union or Member State law.

Article 11 : Cancellation of agreement
If the contract is unilaterally terminated, the client shall, pursuant to Article 1226 et seq. of the Civil Code, owe Select HR lump-sum damages corresponding to the sum of the invoices that Select HR would have issued if the contract had been fully performed. This applies equally in the event of nullity of the contract between the client and Select HR as a result of non-compliance by the client with legal obligations or as a result of incorrect information provided by the client at the time of concluding the contract. Select HR has the right to claim higher compensation provided it can prove the extent of the damage.

This is no longer possible when the client can sufficiently prove that Select HR was demonstrably negligent in the performance of the contract.

Article 12: No deviation from the general conditions
These general conditions may not contain any deletions and take precedence over all others. A reference by the client to its own general conditions shall have no effect. A deviation from the general terms and conditions is only possible if agreed in writing.

Article 13 : Applicable law
Any dispute concerning the validity, interpretation and execution of these contractual (i.e. special and general) conditions shall be settled exclusively by the courts of Select HR's registered office. However, Select HR also has the right to sue before the court that would be competent under common law.

Article 1.
These general terms and conditions have been drawn up in accordance with the legislation in force, i.e. the Act of 24 July 1987 on temporary work, agency work and the posting of workers for the benefit of users, including the applicable collective agreements of the National Labour Council and the Joint Committee for Temporary Work, as well as the Act of 14 July 1991 on commercial practices.

Article 2.
Temporary workers are made available under the special conditions agreed at the time of application and under the general terms and conditions set out below, which form an integral part of the contract concluded between the client and Select Human Resources and which are drawn up in accordance with the Law of 24 July 1987. Any deviation from these general terms and conditions must be agreed in writing.

Article 3.
These general terms and conditions - and in particular Article 24 - also apply as soon as the client entrusts Select Human Resources with an application and Select Human Resources presents candidates to the client.

Article 4.
In accordance with Collective Labour Agreement 38c of 14 July 1999, Select Human Resources may not treat candidates in a discriminatory manner; consequently, the client may only formulate job-relevant criteria in its application.

Article 5.
The client undertakes to communicate to Select Human Resources at the start and during the term of the contract all necessary information and moreover any change without delay and preferably in writing. The client is solely liable for the consequences resulting from the non-communication (in a timely manner), insufficient or incorrect communication of this information. Any rectifications and/or costs incurred as a result will result in additional invoicing to the client.

Article 6.
If the professional qualifications of a temporary employee do not correspond to the wishes of the client, the client must inform Select Human Resources thereof within the first four hours of work.

Article 7.
The client is responsible for obtaining the permits required by law.

Article 8.
The client bears responsibility for the correct application of motives and deadlines for temporary employment; within the framework of these motives it shall, in the cases provided for by law, provide the necessary authorisations and notifications regarding the employment of temporary employees.

Article 9.
Select Human Resources is under no circumstances liable for the consequences of the absence and/or late presence of its temporary employees. The client must inform Select Human Resources immediately.

Article 10.
The client may not use the services of Select Human Resources in case of temporary unemployment, strike or lock-out in its company. In such cases, the client must inform Select Human Resources of this immediately and in writing. The compulsory withdrawal of the temporary employees in these cases does not give rise to the payment of compensation by Select Human Resources to the client.

Article 11.
During the duration of the temporary employee's employment with the user, in accordance with Article 19 of the Act of 24 July 1987, the user shall guarantee the application of the provisions of the Act on regulation and protection of labour applicable at the place of employment. It follows that the user must treat temporary workers on an equal footing with its permanent staff, including with regard to working time, reduction of working hours, compensation, breaks, public holidays, Sunday work, night work, welfare of the temporary worker at work, etc.

Article 12.
Select Human Resources enters into an obligation of best efforts and therefore gives no guarantees regarding the results of its assignment.

Article 13.
The civil liability provided for in Article 1384 paragraph 3 of the Civil Code rests with the client. Consequently, the user is solely liable for all damage caused by the temporary employee to third parties. The provision of a temporary employment clause in the civil liability insurance of the client is recommended. Select Human Resources is also not liable for any damage caused by the temporary employee to the client during and as a result of his/her employment with the client. Select Human Resources is not liable for direct damage, nor for loss of profit, missed savings, avoidance or replacement costs or any indirect or consequential damage. Select Human Resources' liability is also not involved in case of damage, loss, theft or disappearance of materials, money or goods entrusted to the temporary employee. With regard to selection, the liability of Select Human Resources may never be invoked if the client itself selects the temporary employees. Select Human Resources is also not liable for any loans or advances, in kind or cash, that may have been granted by the user to the temporary employee. Furthermore, the recovery of expenses arising from the use of, inter alia, telephone for private purposes, meals used in the company restaurant, authorised purchases, etc. will be done without the mediation of Select Human Resources.

Article 14.
In accordance with Article 10 of the Act of 24 July 1987, temporary employees are entitled to the same gross salary, including indexations and conventional increases, bonuses, meal vouchers, benefits in kind and other salary components as if they had been taken on by the user in permanent employment. Based on Article 5 of these general terms and conditions, the user must communicate these wage data to Select Human Resources. The client is solely liable for the consequences resulting from failure to provide this information (on time), incompleteness or error. Any rectifications and/or costs incurred as a result will result in additional billing to the client.

Article 15.
The temporary worker shall enjoy the same level of protection as the other employees of the user's company as regards work safety and hygiene. The temporary worker may only perform those activities as specified in the work post sheet, or, if no work post sheet is required, those specified in the special commercial conditions, more specifically in the description of the work post, the required professional qualification and the result of the risk assessment. In accordance with the Royal Decree of 19 February 1997, in the cases provided for, the user must complete the work post sheet and, before the temporary worker is made available, submit it to Select Human Resources. When drawing up this job sheet, the client has obtained the advice of its prevention service and occupational doctor. The client bears (in accordance with Article 5, § 3, 4° of the Royal Decree of 19 February 1997) the final responsibility for the provision of the work clothes and the personal protective equipment, as well as for cleaning, repairing and maintaining them in a normal ready-to-use condition, even if a different commercial agreement on the provision thereof has been concluded with Select Human Resources.

Article 16.
Subject to the written and prior agreement of Select Human Resources, (i) the client may not entrust the temporary employee with any task other than that for which he is made available; in particular, he may not entrust him with any handling of machinery, equipment, vehicles, goods, transport or collection of currency; and (ii) the temporary employee may only carry out normal assignments, to the exclusion of any assignments protected by special legislation, such as unhealthy and dangerous assignments, above or below ground.

Article 17.
In case of an accident at work of a temporary employee, the user, having taken all urgent measures, shall immediately notify Select Human Resources, providing all necessary information for the preparation of the accident report. If this is delayed or omitted, the user may be held directly liable.

Article 18.
The user is solely responsible for returning the signed client contract and (supervising) the return of the completed and signed performance statements. Failing this, the client will not be able to invoke the failure to sign to the detriment of Select Human Resources and Select Human Resources will invoice the client for the services actually performed by the temporary employee, with as a minimum the services requested by the client.

Article 19.
By signing the performance statement, the user confirms the accuracy of the services indicated and the performance of the work carried out by the temporary employee. This signing shall take place immediately after the completion of the services described on the relevant performance statement, so that the client does not interfere in any way with the smooth and correct handling of the salary payment by Select Human Resources. The client shall not dispute the validity of the signature of its appointees or representatives. In case of automatic performance processing, the user always agrees with the performance data as transmitted to Select Interim by automated or electronic means, unless agreed otherwise in writing. Only the user is liable in case of errors in the automated transmission.

Article 20.
Invoicing shall be based on the entries made in the above-mentioned performance records or transmitted electronically by the client, and the initially agreed invoicing percentage. Where applicable, a revision is possible up to 80% with reference to the parameters reflecting the actual cost. Each parameter applies only to the part of the price corresponding to the cost in question. The final amount shall be increased by the applicable VAT.
Unless otherwise stipulated, the originally agreed billing rate for special services (such as overtime, shift work, night work, Sundays and public holidays, etc.) will be multiplied by the same coefficient as applied to the basic pay of the temporary worker performing the work.
Work breaks for breaks, meals, etc., as well as the free hours normally paid by the user to its permanent staff (such as bridging days) are regarded as working hours and invoiced as such.
Each quarter-hour started will be charged in full. A minimum of four hours per day will always be charged to the user.

Article 21.
All complaints regarding invoices must reach Select Human Resources within eight calendar days of the invoice date by registered letter with reasons. After this period, any complaint is inadmissible.

Article 22.
The invoices of Select Human Resources are payable upon receipt, net and without discount. In the event of payment other than by cash, transfer, direct debit or cheque, the costs of collection shall be borne by the client. If payment is not made upon receipt of the invoice or on the agreed due date, interest of 0.85% per month shall be payable by operation of law and without prior notice of default, and in addition, after written notice of default, liquidated damages shall be payable in the amount of 15% on the sums due, with a minimum of EUR 125 per invoice. The bills of Select Human Resources cannot change this arrangement and do not create any debt renewal. The temporary employee is not authorised to collect invoices.

Article 23.
If the client fails to comply with its legal obligations or the contractual (i.e. special and general) terms and conditions, as well as in the event of non-payment, all fatigues of Select Human Resources become immediately due and payable and Select Human Resources has the right, without being liable to pay any damages, to regard all current contracts as dissolved and to withdraw its temporary employees immediately. The client shall indemnify Select Human Resources in full for all adverse consequences that Select Human Resources may suffer in this connection.

Article 24.
In the event of premature dismissal of a temporary employee provided by Select Human Resources, the client must pay Select Human Resources lump-sum damages equal to 20% of the gross annual salary of the temporary employee concerned. The amount of this amount is based on the mutual agreement between the client and Select Human Resources that the damage suffered by Select Human Resources includes the costs that the client would have to spend on prospecting, selecting and screening an employee with the same qualifications, as well as the lost profit, and that this damage can be estimated at the lump sum. Select Human Resources is entitled to claim higher damages provided it can prove the extent of the damages. The client undertakes to inform Select Human Resources in advance of its intention to enter into an employment relationship with the temporary employee, or to engage the temporary employee in any other way, directly or indirectly, with it or with an affiliated company.

Article 25.
Both parties will each separately comply with applicable privacy and data protection legislation in the context of the agreed services. In accordance with applicable legislation, each party is responsible for processing the personal data of candidates, applicants, temporary employees, permanent employees, contact persons and other data subjects within the framework of current or future agreements.
The parties agree that personal data may be exchanged. Each party is responsible for the fact that personal data will only be passed on if the right to do so exists and if the required consent of the data subject has been obtained.
The user acts as data controller and undertakes to comply with all obligations relating to personal data protection. The user guarantees, inter alia, to take appropriate technical and organisational measures so that the processing of personal data complies with the requirements of the law and the protection of the rights of the data subject is guaranteed.
The user guarantees that the persons authorised to process personal data undertake to observe confidentiality or are bound by an appropriate legal obligation of confidentiality.
The user shall immediately delete all personal data of a candidate proposed by us if the user decides not to retain this candidate. Furthermore, after services end, the user shall delete or return all personal data and delete existing copies, unless storage of the personal data is required by Union or Member State law.

Article 26.
In the event of unilateral termination of the contract, without premature termination, the client shall be liable to pay Select Human Resources, pursuant to Article 1226 et seq. of the Civil Code, liquidated damages equal to the sum of the invoices that Select Human Resources would have issued if the contract had been fully performed, with a minimum of EUR 125 per calendar day. This applies equally in case of nullity of the contract between the client and Select Human Resources as a result of non-compliance by the client with legal obligations or as a result of incorrect information provided by the client when the contract was concluded. Select Human Resources has the right to demand higher compensation provided it can prove the extent of the damage.

Article 27.
These general terms and conditions may not contain any deletions and take precedence over all others. A reference by the user to its own general terms and conditions shall have no effect. A deviation from the general terms and conditions shall only be possible if agreed in writing.

Article 28.
The agreements between the client and Select Human Resources, their interpretation and performance are governed by Belgian law.

Article 29.
Any dispute shall be settled exclusively by the courts of Antwerp. However, Select Human Resources also has the right to sue before the court that would be competent under common law.

Article 1: Scope of application
Our activities are governed by the general terms and conditions described below. These general terms and conditions apply to all offers, proposals and contracts concluded.
The object of our services is limited to the work described in the offers signed by both parties.

Article 2: Deontology
In its capacity as an authorised recruitment and selection agency, Select HR acts in accordance with the legal regulations relating to recruitment and selection agencies and in accordance with the legislation on the protection of privacy.

Article 3: Offers without engagement
Offers prepared by Select Human Resources are without obligation. Select Human Resources is only bound by an offer if the client's acceptance is transmitted to Select Human Resources without reservation or modification.

Article 4: Providing the required information
The client undertakes to provide in a complete, appropriate and punctual manner all information that Select Human Resources believes is necessary or that the client is supposed to know is necessary for the fulfilment of the contract.

Article 5: Confidentiality
Both the client and Select Human Resources nv/SA undertake to treat the information obtained during the cooperation as strictly confidential, in particular with regard to the conceptual proposals and working methods.
With regard to candidates, the client only receives the information for which the candidate has given his/her consent. Within the framework of privacy protection, the client is prohibited from passing on to third parties any information obtained from Select Human Resources regarding the candidates. The confidentiality clause continues to apply after the assignment has ended.

Article 6: Exclusivity
The client undertakes, within the framework of the agreement concluded and for the entire duration of the agreement, not to use the services of third parties for services that pursue the same objective. In case this clause is not respected, Select Human Resources nv/SA reserves the right to put an end to the project with immediate effect and to charge the balance of the agreed amount as damages.

Article 7: Responsibility
Select Human Resources only undertakes an obligation of means for the performance of the contract. For this reason, no guarantee may be given regarding the outcome of the contract.

Select Human Resources is not responsible for damage caused by the fact that Select Human Resources relied on incomplete or incorrect information provided by the client. This is only possible if these inaccuracies should have been known.

Select Human Resources is in no way responsible for the conduct of the client or coachee. The client or the coachee are fully responsible for their decisions taken for the execution of the contract and for the consequences thereof.

Article 8: Payment and additional costs

1. 1. Select HR's invoices are payable on receipt, net and without discount. In case of payment made other than in cash, by transfer, direct debit or cheque, the collection costs shall be borne by the client. In the event of non-payment on receipt of invoices or on the agreed due date, interest of 0.85% per month will be due ipso jure and without prior notice of default, as well as liquidated damages amounting to 15% of the invoice amounts, with a minimum of €125 per invoice. The bills of exchange issued by Select HR cannot change these regulations and do not entail renewal of debt. The candidate is not authorised to collect the amount of invoices.
   If the client fails to comply with its legal obligations or the contractual conditions (special or general), as well as in the event of non-payment, all Select HR invoices shall become immediately due and payable and Select HR shall have the right to regard all current contracts as dissolved , without being obliged to pay the slightest compensation. The client shall fully indemnify Select HR against any harmful consequences it may incur in this context.
   All complaints regarding invoices must reach Select HR by duly substantiated registered letter within eight calendar days following the invoice date. After this deadline, no complaint will be declared admissible.
2. If, during performance of the contract, at the request of the client, the object of the performance of services was changed (or if, in the case of recruitment and selection, the profile of the candidate sought is modified), the initial price will be increased in accordance with the additional work required.)

If the client requests additional services, not described in the contract, these will be the subject of an annex.

Article 9: Termination clause
In the event of unilateral termination of the contract, the client , pursuant to Article 1126 et seq. of the Civil Code, shall be liable to Select HR for liquidated damages corresponding to the sum of the invoices that Select HR would have prepared if the contract had run to its normal term, with a minimum of €125 per calendar day. This provision also applies in the event of nullity of the contract entered into between the client and Select HR as a result of non-compliance by the client with legal obligations or as a result of incorrect information provided by the client at the time the contract was entered into. Select HR will be entitled to claim higher damages from the moment it will be able to determine the exact extent of the damage. This provision is no longer possible when the client is able to prove that Select HR was clearly negligent in the fulfilment of the contract.

Article 10: Data protection
Both parties shall, within the framework of the agreed services, each separately comply with applicable privacy and data protection laws. In accordance with applicable legislation, each party is responsible for the processing of personal data of data subjects within the framework of current or future agreements.

The parties agree that personal data may be exchanged. Each party shall be responsible for the fact that personal data shall only be transferred if the right to do so exists and, where applicable, the required consent of the data subject has been obtained.

The customer acts as controller and undertakes to comply with all obligations relating to the protection of personal data. Among other things, the customer guarantees to take appropriate technical and organisational measures so that the processing of personal data complies with the requirements of the law and the protection of the rights of the data subject is guaranteed.

The customer guarantees that the persons authorised to process personal data undertake to observe confidentiality or are bound by an appropriate legal obligation of confidentiality.

The customer shall delete or return all personal data after services have ended, and delete existing copies, unless storage of the personal data is required by Union or Member State law.

Article 11: Copyright
All data provided by Select HR, such as the reports, opinions, tests, models, practice materials, designs, sketches, drawings, software, etc. are intended to be used only for the client's own account. The client is not entitled to reproduce, publish or forward the aforementioned data to third parties without the written consent of Select HR.

Article 12 : No deviation from the general conditions
These general conditions may not contain any deletions and take precedence over all others. Reference by the client to its own general conditions shall have no effect. A deviation from these general conditions is only possible if it is the subject of a written agreement.

Article 13 : Applicable law and assignment of jurisdiction
The contracts concluded between the client and Select HR, their interpretation and execution are governed by Belgian law.

Any dispute shall fall under the exclusive jurisdiction of the courts of Antwerp. Select HR shall in any case be entitled to take action before the court deemed competent under common law.

Article 1 : Scope of application
These general terms and conditions apply to all offers, assignments and agreements relating to the performance of services by the contractor's project team.

Article 2 : Deontology
As a recognised project sourcing office, the Contractor acts in accordance with the legal regulations applicable to project sourcing offices (Federgon code of conduct) and in accordance with the law on the protection of privacy.

Article 3 : Non-binding offers
All quotations and offers of the Contractor are without obligation. No rights whatsoever can be derived from the quotation or offer if the project team to which the quotation or offer relates is no longer available in the meantime.

Article 4 : Provision of information and due care

1. The Principal is obliged to provide the Contractor in good time with all information that may reasonably be relevant in connection with the provision of services.
2. The Client is obliged to deal correctly and carefully with the project team nominated by the Contractor to perform the service, and with the information provided with this nomination. This also implies that the Client is obliged to provide the Contractor with a report of this meeting within a reasonable period of time after the introductory meeting has taken place.

Article 5: Liability

1. The commitments entered into by the Contractor are obligations of means. The Contractor's liability is strictly limited to the services or projects entrusted to him. He is not responsible for the consequences of mistakes, errors or omissions by the Client in the Assignment entrusted to the Contractor, nor for errors, damage or losses by the Client, by the Executor or by a third party. The Client shall indemnify the Contractor and the Performer(s) against damages and liability to third parties.
2. If and to the extent the Contractor would nevertheless be liable in any way, liability for indirect damage is in any case excluded. Any possible liability is furthermore limited to the lump sum amount of the individual Assignment. Furthermore, the Contractor's liability shall in any event never exceed that which is compensated by the Contractor's insurer.
3. The Client is fully responsible to the Contractor for any damage to property, persons and loss or theft of property of the Contractor, his employees or his Executor(s) or data that would result from an act of the Contractor, his employees or his Executor(s).

Article 6 : Non-solicitation clause
For a period of 12 months after the formation of a cooperation agreement, the Contractor shall refrain from approaching the Client's employee(s) with the intention of acting as an intermediary between this/these employee(s) and another employer, unless the employee takes the initiative by clearly expressing his/her desire to accept a position elsewhere.

Article 7 : Confidentiality
Both parties are obliged to keep confidential all confidential information they have obtained from each other or from other sources in the context of their agreement.

Article 8 : Non-competition clause

1. If the Client rejects a project team proposed by the Contractor or the project team rejects an offer made by the Client and an employment contract or partnership is still established between the Client and a member of the project team within 12 months of the initial presentations of the project team by the Contractor to the Client, then the Client in question shall still be liable to pay liquidated damages. This shall amount to 100 times the normal daily rate as stipulated in the subcontract, without prejudice to the Contractor's right to claim additional compensation if additional damage can be proven.
2. The Client is prohibited from passing on data on members of the project team to third parties in any way or introducing members of the project team to third parties. If the Client breaches this prohibition, it shall be liable to pay liquidated damages as set out in paragraph 8.1. This article already applies from the first contact between the Client and the contractor, even before the actual start of the assignment. This article also applies to all members of the project team nominated by the contractor.

Article 9 : Prohibition of salary proposal
During the term of the contract and a period of 12 months after its termination, the Principal undertakes not to offer an employment or cooperation contract to the contractor. If the Principal commits a breach of this article without the Contractor's prior consent, the Principal will be liable to pay liquidated damages of 100 times the normal daily rate as stipulated in the subcontract.

Article 10 : Privacy
Both parties shall, within the framework of the agreed services, each separately comply with applicable privacy and data protection legislation. In accordance with applicable legislation, each party is responsible for processing the personal data of performers, applicants, temporary employees, permanent employees, contact persons and other data subjects within the framework of current or future agreements.
The parties agree that personal data may be exchanged. Each party is responsible for the fact that personal data will only be passed on if the right to do so exists and, if applicable, the required consent of the data subject has been obtained.

The Client acts as the data controller and undertakes to comply with all obligations relating to the protection of personal data. Among other things, the Principal guarantees to take appropriate technical and organisational measures so that the processing of personal data complies with the requirements of the law and the protection of the rights of the data subject is guaranteed.

The Client guarantees that the persons authorised to process the personal data undertake to observe confidentiality or are bound by an appropriate legal obligation of confidentiality.

The Client shall immediately delete all personal data from a performer proposed by us if the Client decides that the proposed performer should not perform. Furthermore, upon completion of services, the Client shall delete or return all personal data and delete existing copies, unless storage of the personal data is required by Union or Member State law.

Article 11 : Payment and additional costs

1. 1. The Contractor's invoices are payable on receipt, net and without discount. In the event of payment other than by cash, transfer, direct debit or cheque, the costs of collection shall be borne by the Client. In the event of non-payment upon receipt of the invoice or on the agreed due date, interest of 0.85% per month shall be due ipso jure and without prior notice of default and, in addition, liquidated damages in the amount of 15% on the sums due, with a minimum of €125 per invoice. The Contractor's bills of exchange cannot change this arrangement and do not create any debt renewal. The Project Team is not authorised to collect invoices.
   If the Client fails to comply with its legal obligations or the contractual (i.e. special and general) terms and conditions, as well as in the event of non-payment, all of the Contractor's invoices shall become immediately due and payable and the Contractor shall have the right, without being liable to pay any compensation, to regard all current contracts as dissolved. The Client shall indemnify the Contractor in full for all adverse consequences the Contractor may suffer in this respect.
   All complaints regarding invoices must reach the Contractor within eight calendar days of the invoice date by registered letter, stating reasons. After this period, any complaint shall be inadmissible.
2. If during the execution of the contract, at the request of the Client, the object of the services should be changed ( or if the profile of the assignment should be changed), the original price will be increased in accordance with the additional work requested. If the Client requests additional services not described in the contract, these will be the subject of an addendum, with separate invoicing.

Article 12 : Termination of the agreement
If the contract is unilaterally terminated, the Principal owes the Contractor, pursuant to Article 1226 et seq. of the Civil Code, liquidated damages corresponding to the sum of the invoices that the Contractor would have drawn up if the contract had been fully executed. This also applies in case of nullity of the contract between the Principal and the Contractor as a result of non-compliance by the Principal with legal obligations or as a result of incorrect information provided by the Principal at the time of concluding the contract. The Contractor is entitled to claim higher compensation provided it can prove the extent of the damage. This is no longer possible when the Principal can sufficiently prove that the Contractor was clearly negligent in the performance of the contract

Article 13: No derogation from the general terms and conditions
These general terms and conditions may not contain any deletions and take precedence over all others. A reference by the Client to its own general terms and conditions shall have no effect. A deviation from the general terms and conditions is only possible if agreed in writing.

Article 14 : Applicable law and competent court
The contract between the Client and the Contractor, their interpretation and their performance shall be governed by Belgian law. Any dispute shall be settled exclusively by the courts of Antwerp. However, the Contractor also has the right to sue before the court that would be competent under common law.