General terms and conditions

v 2025/2

Unless otherwise stipulated in writing, every provision of services by Accent is governed by these general terms and conditions (hereafter referred to as the ‘General Terms and Conditions’), which consist of:

• General provisions that apply to any cooperation between the Client and Accent, regardless of whether this concerns temporary agency work or recruitment and selection (part I)
• Provisions that apply exclusively to temporary agency work (part II)
• Provisions that apply exclusively to recruitment and selection (part III)

The General Terms and Conditions form an integral part of any cooperation (hereinafter referred to as the ‘Agreement’) between Accent and the Client. Together, these form the integral understanding between the parties and replace any previous arrangements. Any special conditions in the Agreement between the parties shall take precedence over the General Terms and Conditions. The General Terms and Conditions of the Client are explicitly excluded.

Within 10 calendar days of receiving the Agreement and the General Terms and Conditions, the Client shall return the duplicate, signed for approval, to Accent. Should the Client fail to do so, any act by the Client that leads to cooperation, whether directly or indirectly, with the Job Seeker introduced by Accent shall be deemed as acceptance of the Agreement and the General Terms and Conditions.

1. General provisions

These General Terms and Conditions shall apply, inter alia, if the Client entrusts Accent with a request/Accent introduces a Job Seeker to the Client, either to take up permanent employment with the Client or to provide services to the Client as a temporary agency worker (hereinafter referred to as the ‘Assignment’).

1. Definitions

• ‘Introduction/Introduce’ is understood to mean the communication to the Client of information concerning the profile of the Job Seeker (hereinafter: ‘Introduction’ or ‘Introduce’).
• ‘Job Seeker’ is understood to mean any person whom Accent Introduces to the Client, depending on the assignment, either to take up permanent employment with the Client or to provide services to the Client as a temporary agency worker (hereinafter referred to as the ‘Job Seeker’). The special conditions applicable to each category of Job Seeker are further regulated under Title II or III of these General Terms and Conditions.
• ‘The Company’ is understood to mean the following companies: Accent Jobs for People nv, Accent Construct nv, Accent Jobs nv, CTRL-F nv, Nowjobs nv (hereinafter referred to as ‘The Company’
• ‘Agreement’ is understood to mean the commercial agreements reached between the Client and The Company.
• ‘Auxiliary’ is understood to mean any person entrusted by the Company with the full or partial performance of the Agreement throughout the contract chain, such as permanent employees, directors, representatives, Job Seekers, etc.

2. Term

• The Agreement between the Client and The Company shall commence on the date specified in the Agreement or at the time the Client performs an act that leads to cooperation, whether directly or indirectly, with the Job Seeker Introduced by The Company, and shall run for 12 months from (the latest date prevails) either the date of the Agreement or the date on which the Client performs a final act that leads to cooperation, unless otherwise stipulated in the The Agreement shall not be terminated prematurely by the completion of a search assignment or the filling of a vacancy by one Job Seeker for one particular position.
• The prices proposed by The Company are only valid for the agreements mentioned in the The validity period of a price proposed by The Company is 14 calendar days.

3. Terms of payment

• All prices shall be exclusive of VAT and any other taxes and levies. Unless otherwise agreed, all prices shall be in euros and the Client must make all payments in euros. The invoices of the Company shall be payable upon receipt, net and without discount, unless otherwise agreed in writing. In case of payment other than by bank transfer, direct debit or cheque, any collection costs shall be borne by the Client.
• The Company’s invoices shall be sent to the Client electronically either in PDF format by email, in XML format via Peppol or via the e-Connect platform, according to the Client’s choice.
• If the Client defaults in paying the invoice after the due date, The Company has the right to unilaterally suspend execution of the Agreement until all payments have been made. If payment is not made within the agreed payment term, the invoice amount shall be increased automatically, ipso jure and without the need for prior notice of default by an interest rate for late payment in commercial transactions as stipulated in the Act of 2.08.2002 on combating late payment in commercial transactions and a fixed compensation for damages of 15% of the invoice amount, with a minimum of €125.00 and a maximum of €5,000.00.

Any payment terms granted in writing shall expire ipso jure and all invoices – even those that are not yet due – shall become immediately exigible ipso jure from the date of non-payment of a single invoice, written formal notice of default, protested bills of exchange or uncovered cheques, summonses from the NSSO or other signs of the Client’s doubtful solvency. Furthermore, in these cases The Company reserves the right to suspend all or part of the Assignment and to demand suitable guarantees and/or cash payment from the Client. If the Client refuses to accept this, The Company reserves the right to cancel all or part of the Assignment. In that case, the Client shall be liable ipso jure and without formal notice of default to pay damages, the minimum of which shall be 30% of the part not yet delivered, without prejudice to The Company’s right to prove a higher loss and to claim compensation for this.

• Partial payments are always accepted with all reservations and without any prejudicial acknowledgement.
• The Job Seeker is not authorised to collect invoices.
• All complaints concerning the invoices must reach The Company’s registered office within 15 calendar days after the invoice date by registered letter specifying the reasons for the complaint. After this period, the complaint shall be inadmissible and the invoice shall be considered accepted.
• The possibility for the Client to suspend its payment obligations (non-performance ex- ception or exceptio non adimpleti contractus) is explicitly excluded, as is the possibility for the Client to offset any amounts reciprocally due.
• If, in accordance with the Agreement a discount was agreed between the Client and The Company or for any other reason a credit note has to be issued to the Client, this shall be issued to the Client only if all the following conditions are fulfilled:
  • The Client has paid all overdue invoices;
  • The Client’s request for the credit note is made in writing and at the latest within a period of 18 months after the last performance to which the credit note relates.

4. Discrimination

4.1 In accordance with Collective Labour Agreement 38 quater of 14 July 1999, the Law of 12 January 2007 on the application of the resolutions of the World Conference on Women held in Beijing in September 1995 and integrating the gender perspective into federal policies as a whole, the Law of 10 May 2007 on combating certain forms of discrimination and the Law of 30 July 1981 on the punishment of certain acts inspired by racism or xen- ophobia, Job Seekers may not be treated in a discriminatory manner. The Company does not discriminate. The Company shall select and Introduce Job Seekers based on their competencies and qualifications and shall only take into account objective and real job requirements of the Client in the search for the right Job Seeker.

5. Secrecy and confidentiality

• During the term of the Agreement, The Company shall take all reasonable measures to use all information that the Client transmits to it in writing in the context of the Agreement and expressly designates as confidential, only within the scope of the Agreement.
• Confidential information is understood to exclude information that (i) has become pub- licly known other than by The Company’s breaching its obligations under the Agreement; (ii) has been disclosed to The Company by a third party as non-confidential and which in The Company’s opinion it is not unlawful to disclose; (iii) was developed by The Company independently of the Client, or was already known to The Company before being disclosed to it by the Client; (iv) has been disclosed with the written consent of the Client; (v) The Company is obliged to disclose in the context of its Assignment/the Agreement and/or (vi) is not expressly designated by the Client in writing as confidential.
• Any and all Job Seeker Introductions by The Company are confidential. Information about Job Seekers must be treated confidentially by the Client and must not be disclosed to third parties, not even to companies affiliated with the Client, unless The Company has given written permission. If it breaches this article, the Client shall be obliged to pay compensation equal to €10,000,00 per breach, without prejudice to The Company’s right to higher compensation in the event of higher proven loss.
• The Client is prohibited from disclosing the Agreement, which includes the rates, to third parties (including companies affiliated to the Client), unless The Company has given writ- ten permission.
• The Client is free to make arrangements directly with the Job Seeker about maintaining the secrecy of confidential information or about the processing of personal data received by the Job Seeker during his/her employment with the Client. In the event of a breach by the Job Seeker, the Client cannot under any circumstances hold The Company liable.

6. Liability

• The Client acknowledges that all obligations which The Company undertakes towards the Client, within the framework of the Agreement and these General Terms and Conditions, are best efforts obligations and not obligations to achieve a result. The Company shall only be liable if the Client proves that The Company has not complied with its obligations under the Agreement as a result of a wrongful act. Any compensation shall be limited to proven direct damage resulting directly and immediately from this wrongful act by The Company. The Company shall under no circumstances be liable for any indirect damage suffered by the Client. The Company’s total liability shall in any case be limited in accordance with articles II.6 and III.5 of the General Terms and Conditions.
• The Client must report any faults or shortcomings to The Company in writing immediately and no later than 8 calendar days after they have been ascertained. If the Client wishes to exercise any right to compensation, it must notify The Company by registered letter within 6 months of the alleged fault on the part of The Company, under penalty of forfeiting this right.
• The Company shall not be liable for late fulfilment or non-fulfilment of its obligations under the Agreement if the (correct) fulfilment of the Agreement has become difficult due to circumstances beyond The Company’s normal control, including but not limited to: fire, flooding, unavoidable accidents, mandatory government measures, pandemic, events of force majeure, etc. Such circumstances shall suspend the Agreement between the Client and The Company. The Company shall do everything in its power to ensure continuity and compliance with its obligations as soon as possible.
• The Client waives any non-contractual liability claims against the Company as well as against the Auxiliary for damage caused by the Company/the Auxiliary, even if the event causing the damage constitutes a wrongful act. The Auxiliary, as third-party beneficiaries, may invoke this clause.

7. Acquisition

• With regard to the Job Seeker: If the Client should enter into an employment relationship of any kind with the Job Seeker, directly or through third parties, directly or indirectly, before the expiry of the fixed minimum period of working days as provided for in Title II in the case of temporary employment/ during one year after the Introduction of the Job Seeker as provided for in Title III in the case of recruitment and selection, Articles II.7 and III.6 shall apply. Entering into an employment relationship with the Job Seeker is understood to mean: the conclusion of an employment contract by the Client with the Job Seeker, having the Job Seeker made available to the Client by a third party (including a different temporary work agency), the conclusion of a contracting agreement with the Job Seeker or with a third party who hired the Job Seeker for this purpose, having the Job Seeker perform works on an independent basis, the conclusion of a training contract whereby the Job Seeker is trained in the Client’s undertaking (including an Individual Professional Training contract), entry into an employment relationship by the Job Seeker and a third party, where the Client and this third party belong to the same group, are a parent company or subsidiary of one another or are affiliated or associated companies or have the same legally appointed or de facto directors, or are established or have an operational office at the same address.
• With regard to The Company’s permanent employees: The Client undertakes not to enter into an employment relationship with a permanent employee of The Company or of any company related to The Company. Entering into an employment relationship with an employee is under- stood to mean: the conclusion of an employment contract with an employee, having the employee made available by a third party, the conclusion of a contracting agreement with the employee or with a third party who hired the employee, having the employee perform works on an independent basis, entry into an employment relationship with the employee by a third party that belongs to the same group, parent company or subsidiary, or which has the same legally appointed or de facto directors, or which is established or has an operational office at the same address as the Client. Any deviation from this article shall require the prior written agreement of The Company. In the event that the Client acts in violation of the above prohibition, during the performance of this Agreement or within a period of 1 year after the end of this Agreement, the Client shall owe The Company compensation of €25,000,00, without prejudice to The Company’s right to greater compensation in the event of proven greater damage.

8. GDPR

• The parties declare that they fully comply with the European and Belgian regulations on privacy and the protection of personal data.
• During the term of the Agreement, an exchange of personal data between The Company and the Client shall take place on a regular basis. In accordance with the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, transposing, supplementing and executing Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data (hereinafter referred to as the Privacy Law), The Company is considered the Controller for the processing of the Job Seeker’s data. The Client is also considered the Controller for the processing of personal data of the Job Seeker and its own employees or employees of external companies which it processes under its own responsibility and on its own legal basis. The Company and the Client are obliged to treat these personal data in accordance with the Privacy Law and related legislation. The Company must not pass on any personal data to the Client, except in the cases provided for by law. The Client shall provide The Company with all information about the applicable legislation that justifies the transfer. In case of a permitted transfer, the Client shall be obliged to take the necessary measures to ensure the security of the personal data and to respect the Privacy Law and related legislation. The Client is responsible for ensuring that personal data are only provided to The Company if and insofar as the Client is entitled to do so and has obtained any necessary permission for this from the data subjects. The Client shall indemnify The Company against any claim by Job Seekers, workers, employees or other third parties against The Company in connection with a violationby the Client of the provisions of this article and shall reimburse the costs incurred by Ac- cent in this connection. The Client shall make the necessary contractual arrangements in its relationship with its employees involved in the performance of the Agreement so that these employees are also bound by this obligation. In order to execute the Agreement with the Client, The Company shall process personal data of the Client’s contact persons with the necessary care and confidentiality, in accordance with its privacy policy (available for consultation at https://www.accentjobs.be/en/privacy-policy - https://www.nowjobs.be/privacy-policy-en - https://ctrl-f.be/en/privacy-statement/). The Client declares that it has read this privacy policy and has been sufficiently informed.
• In the event of a breach of this Article, the Client shall owe a fixed compensation of

€25,000.00 per breach, without prejudice to The Company’s right to higher compensation in the event of proven greater damage.

• At the Client’s request, The Company may record a job vacancy video at its business premises and disseminate it to the public. The Client is responsible for the content of the video and shall guarantee that the persons shown have given their explicit consent to it in advance. The Client shall indemnify The Company against any claims of any nature whatsoever in connection with the making and dissemination of the job vacancy video.

9. Unpaid test

9.1 If the Client wishes to subject the Jon Seeker to an unpaid test prior to the employment contract, the Client shall be fully responsible for the correct organization of the unpaid test and the provision of the necessary documents. The consequences of a possible requalification of the unpaid test fall under the responsibility of the Client. The Company does not assume liability for this in any circumstances.

10. Termination

• Without prejudice to any right of The Company to compensation, The Company may terminate the Agreement with immediate effect and without providing any compensation for termination:
  • in case of repeated or serious breach of contractual obligations (such as late payment and/or non-payment on a single due date) by the Client;
  • in the event of signs of dubious solvency on the part of the Client, such as (but without limitation) if the Client has requested a deferral of payment, or is in a state of bankruptcy or cessation of payment, or its credit is uncertain or it is manifestly insolvent, in the event of dissolution and/or liquidation of the Client’s company, if some or all the Client’s assets are subject to executive and/or precautionary attachment at the request of a creditor or in the event of other executive or precautionary measures with regard to its assets, or if the Client has been summonsed by the Social Security authorities;
  • in case of evidence or serious suspicions of fraud by the Client;
  • if the Client refuses to provide the requested information or if the Client provides or has provided incorrect and/or false information;
  • in case of a change in the control or management of the Client;
  • if the Client fails to fulfil its legal obligations;
  • if the Client fails to fulfil its obligations under the Agreement or General Terms and Conditions.

In the above cases, the Client shall owe flat-rate compensation for the ongoing employ- ment contracts for agency work corresponding to the amount The Company would invoice for the agreed services in the event of full performance of the ongoing employment contracts for agency work. This flat-rate compensation shall be at least €125.00 per calendar day.

• If the Client unilaterally and prematurely terminates the Agreement, it shall pay a fixed compensation equal to the amount that The Company would have invoiced if the Agreement had been performed in full, with a minimum of €125.00 per calendar day/per Job Seeker. The Agreement shall be deemed to have been terminated in the event of the Client’s failure to comply with its legal obligations or if the Client provides incorrect information at the time of concluding the Agreement. The Company reserves the right to claim higher compensation corresponding to the actual damage incurred.
• If the Client wishes to transfer the Agreement to a third party, or is taken over by a third party, (i) the prior written consent of the Company must be obtained and (ii) the Client must ensure that the third party contractually commits to the obligations and agreements set out in the Agreement.

11. Miscellaneous

• The General Terms and Conditions are always appended to the Agreement and are stat- ed on every invoice issued by The Company. Unless otherwise agreed in writing, payment of an invoice from The Company constitutes confirmation of knowledge and acceptance of the General Terms and Conditions. This also applies in the case of unpaid invoices that were not contested within the 15-day period.
• If any provision of the Agreement or General Terms and Conditions is void, invalid or unenforceable, this shall not affect the enforceability of the remaining provisions. The in- valid or unenforceable provision shall be deemed to be replaced by an alternative valid and enforceable provision that most closely matches the original intent of the parties as permitted by applicable law.
• Belgian law applies to the Agreement and General Terms and Conditions. In the event of dispute and/or non-payment, the tribunals of the district of West Flanders, Kortrijk division, shall have exclusive jurisdiction.
• The parties acknowledge that an ordinary electronic signature (such as a scanned signa- ture) or an advanced electronic signature, , as described in Article 3(10) to (12) of the eIDAS Regulation, has the same evidentiary value as a qualified electronic signature.
• All clauses intended to outlive the term of the Agreement shall remain valid and enforce- able after the Agreement.
• The application of Article 5.85, paragraph 3, article 5.235 and 5.97 Book V of the new Civil Code is explicitly excluded in the relationship between The Company and the Client.
• The Company is entitled to transfer all or part of the Agreement to another (future) entity that is part of the House of HR group (see https://houseofhr.com/our-solutions), as a result of, inter alia, a sale, transfer, merger, consolidation or any other transfer of all or part of the Company' s assets. In addition, the Company is entitled to freely and unrestrictedly transfer invoices to any third party, in the context of factoring.

Temporary agency work

1. Application

The provisions of Title II apply insofar as The Company’s Assignment consists of placing Job Seekers at the disposal of the Client as temporary agency workers in accordance with the Law of 24 July 1987 on temporary work, temporary agency work and the hiring out of workers for the benefit of users. In the event of a conflict between the provisions of Title II and the other articles of these General Terms and Conditions, the provisions of Title II shall prevail.

2. Object

• The Company undertakes to make every effort – within reasonable limits – to provide the Client with suitable Job Seekers.

3. Obligations of the Client

• The Client undertakes to communicate in writing to The Company, at the commencement of and during the term of the Agreement, all information necessary for the execution of the Agreement. Any change relating to the employment information of a Job Seeker must be communicated to The Company immediately and always before the start of the employment. This shall definitely be necessary in the following cases (non-exhaustive list): concerning the reason for calling on temporary agency work and the presence or absence of a trade union delegation; concerning the remuneration conditions for permanent employees, including bonuses and various benefits that are customary within the Client’s undertaking, as well as the terms of allocation; concerning the activities, the range of tasks, the location, the job, the required professional qualification, the result of the risk assessments, the medical supervision and the personal protective equipment; concerning possible situations of strike or lockout or other forms of temporary unemployment; concerning economic unemployment, whereby the Client must notify The Company in advance and within the legal deadlines; concerning any work-related accident; concerning the functioning of DIMONA, for which all of the information must be passed on before the Job Seeker is first made available; concerning the lateness or the absence of the Job Seekers; concerning bad weather delay; and concerning the non-renewal of an Assignment. If additional screening, certification, registration, etc. is desired/necessary by the Company for a certain position or employment of an Job Seeker. (such as, for example, safety certification in the maritime sector), the Client undertakes to inform the Company thereof immediately and always before the commencement of the assignment. All possible costs associated with the execution thereof shall be borne by the Client. The Company shall under no circumstances be responsible for the result, nor for any delays, complications or damages that may arise therefrom. The Client undertakes to inform the Company of convictions and ongoing proceedings of the Client relating to, inter alia, prevention, labor law and criminal law matters that may be relevant to the Company's services and the employment of the Job Seekers.
• The Client undertakes to respect at least the contractually agreed hours by providing work and reimbursing these hours.
• The Client alone is liable for any consequences deriving from a failure to pass on this information, or from doing so in an inadequate, erroneous or untimely manner. All rectifications, late reports and/or costs caused thereby shall give rise to additional invoicing to the Client. The Client shall indemnify The Company against any claim by third parties.
• The Company can only provide the Client with Job Seekers for the reasons described in the Law of 24 July 1987, i.e. temporary work to replace a permanent employee, temporary increase of work, exceptional work or to fill a vacancy (inflow). The Client bears the liability for the correct application of reasons and periods for temporary agency work. Within the framework of these reasons it shall arrange, in the cases provided for by law and the CLA, for the necessary authorizations and communications relating to the employment of the Job Seekers. The Client bears sole responsibility for the lack of or incorrect application of reasons, deadlines, authorizations and notifications, and indication of the number of employment attempts at inflow. The Client must indemnify The Company against sanctions and/ or required compensation imposed on The Company for violation of the law and/or the CLA. In the event of an inspection or audit, the Client shall always lend its full cooperation and, if so desired, provide The Company with the evidence and justification.
• If the reason is inflow, the Client must inform The Company in writing whether a first, second or third employment attempt was made to fill the particular job vacancy for inflow reasons. Any Job Seeker who, prior to being employed for inflow reasons, has terminated an employment contract of indefinite duration himself/herself in order to enter into employment again through temporary agency work may be entitled to an employment guarantee of one month. If the Client terminates the agreement before the end of this minimum duration, the Client must pay The Company the wages of the Job Seeker for the remaining duration, as provided for in Articles 28 and 29 of CLA no. 108 of 16 July 2013.
• The Client shall only request flexi jobs once the Client has verified in advance whether it meets the application conditions to request a flexi job. If the performance of the Job Seeker who is carrying out a flexi job ends later than provided for in the employment contract, the Client must report this to The Company within 6 hours after the original end time to enable The Company to report the change to the NSSO in a timely manner. If, after the Job Seeker’s performance, it emerges that the flexi job regulations were wrongly applied or if the change in end time is reported more than 6 hours after the original end time, the Job Seeker’s performance shall be invoiced under the normal regulations.
• The Client notes that successive daily contracts are only permitted if there is a need for flexibility in its company and that, with effect from 01 January 2023, the Client shall owe a special social security contribution in respect of the NSSO if certain thresholds are exceeded per Job Seeker per 6-month period. The Client is solely responsible for the correct application of successive daily contracts. In the event of an inspection, the Client shall lend its full cooperation to The Company and provide the necessary evidence of the need for flexibility. The Client cannot under any circumstances recover the special social security contribution from The Company. In the event of misuse of successive daily contracts, The Company reserves the right to recover all resulting costs it may incur from the Client in full.
• If the Job Seeker requests a form of work with more predictable and secure working conditions, under Article 8 of CLA no. 161 The Company must respond to the request in writing, including reasons, within a period of one month. At The Company’s written request, the Client shall inform The Company in writing within a period of 7 calendar days whether a form of work with more predictable and secure working conditions is possible at the Client. In the event of refusal, delay or counterproposal, the Client shall communicate the specific reasons for this within the same period. If the Client fails to notify The Company of the specific reasons within the specified period, The Company reserves the right to recover the fine under Article 174/2 of the Social Criminal Code from the Client. The Client is jointly responsible for the proper application of Directive 2019/1152 on transparent and predictable working conditions. If the Job Seeker invokes adverse treatment after he/she has requested a form of work with more predictable and secure working conditions, the Client must provide evidence that the adverse measures were taken for reasons not attributable to the exercise of rights arising from CLA no. 161. As only the Client can advise whether a form of work with more predictable and secure working conditions is available, the Client must, at The Company’s written request, demonstrate in writing within a period of 7 calendar days that there has been no adverse treatment, i.e. demonstrate that there are reasons not attributable to the exercise of the rights arising from CLA no. 161 and provide the necessary documentary evidence for this. If The Company is ordered to pay compensation, The Company reserves the right to recover the compensation from the Client.
• The Client must inform The Company by letter or electronically if the Job Seeker is being made available from another country to a Client based in Belgium. Any fines and related administrative costs (including, but not limited to, the legal costs including lawyers’ fees) arising from failure to comply with this obligation are for the Client’s account and shall be invoiced to the Client by The Company. This article also applies if The Company seconds a Job Seeker abroad at the Client’s request. The Company shall charge the Client an administrative operating fee of €50.00 for each new secondment request. An administrative operating fee of €50.00 shall also be charged for any extension of an existing secondment. At the Client’s written request, The Company shall take the necessary steps to apply for the Single Permit for a Job Seeker. If the Client has recruited and selected the Job Seeker itself (Payroll), The Company shall charge the Client an administrative fee of €450.00. The Client itself is responsible for paying any fees owed. If the Client seconds a Job Seeker to a particular country against The Company’s advice, the Client shall bear full responsibility for any resulting fines. The Company reserves the right to unilaterally increase the above-mentioned amounts in the event of an increase in the wage costs or operating costs of The Company or if additional charges are imposed by the government that were not foreseen at the time the Agreement was concluded.
• The Client must provide The Company with the necessary receipts if costs specific to the employer are paid. If an adjustment has to be carried out after an inspection by the tax authorities or the NSSO, the Client must bear full liability for this. The costs arising from this shall also be borne by the Client and shall be invoiced to the Client by The Company.
• The Client cannot call upon the services of The Company in the event of temporary unemployment, strike or lockout in its undertaking. In such cases, the Client must inform The Company thereof in writing immediately and preferably before the Job Seeker starts. The mandatory withdrawal of the Job Seekers in these cases shall not give rise to payment of any compensation by The Company to the Client. The Client cannot pass on temporary unemployment for economic reasons in the event of outsourcing to a third party. If the Client does so anyway, the usual wage shall continue to be paid and invoiced to the Client by The Company.
• In accordance with Article 10 of the Law of 24 July 1987, the Job Seekers shall be entitled to the same gross wage – including indexations and contractual increases, bonuses (including pension premiums), meal vouchers, eco-vouchers and other wage components – as if they were permanently employed by the Client. The Client must provide The Company with these wage details. The Client alone is liable for any consequences deriving from untimely, incomplete or erroneous communication or non-communication of this information. All rectifications and/or costs caused thereby shall give rise to additional invoicing to the Client.
• During the Job Seeker’s period of employment at the Client’s undertaking, in accordance with Article 19 of the Law of 24 July 1987, the Client shall be responsible for the application of the legal provisions concerning the regulation and protection of work that apply at the place of employment. From this it follows that the Client must treat the Job Seekers as if they were employed on a permanent basis, including with regard to the working hours, working time reduction, compensations, breaks, public holidays, Sunday work, night work, and well-being of the Job Seeker in the workplace, etc.
• With regard to health and safety at work, the Job Seeker shall enjoy the same level of protection as if he/she were a permanent employee of the Client. The Job Seeker may only perform those activities mentioned on the job sheet or, if no job sheet is required, as mentioned in the special commercial terms and conditions, more specifically in the description of the job, the required professional qualification and the result of the risk assessment. In accordance with the Royal Decree of 15 December 2010, the Client must, in the cases provided for, complete the job sheet and submit it to The Company before provision of the Job The Client shall obtain the advice of its prevention service and occupational physician when drawing up this job sheet. In accordance with these General Terms and Conditions, the Client must inform The Company immediately of any change to the job (including the range of tasks and location). In accordance with Article 11 of the Royal Decree of 15 December 2010, the Client shall bear final responsibility for the provision, free of charge, of work clothing and personal protective equipment, as well as for their cleaning, repair and safeguarding in normal ready-to-use condition, even if a different commercial agreement has been concluded with The Company concerning the supply thereof. In the context of the obligation to ensure the application of the legislation on welfare at work in respect of the Job Seeker, the Client shall give instructions to the Job Seekers employed by it and exercise the de facto authority of employer over them.
• If a Job Seeker is involved in a work-related accident, the Client shall, after having taken all urgent measures, notify The Company immediately and provide all the information necessary for drawing up the accident report, failing which the Client shall be held liable for any damages resulting from its The Client’s prevention and protection department shall investigate any serious work-related accident suffered by the Job Seeker and shall contact The Company’s prevention expert, with the latter cooperating in the investigation. In the event of a serious work-related accident, the detailed report must be drawn up by the internal prevention advisor (level I or II) or the external workplace prevention and protection service of the Client, at the Client’s expense. The Company, as a legal employer, is not authorized to draw up this report (Codex on Welfare at Work, Book I, Title VI, Chapter I). This detailed report must be sent by the Client to the Federal Inspectorate within 10 days after the work-related accident. If an external expert is appointed by the Federal Inspectorate, the costs of this expert shall be borne by the Client. In case of a very serious accident at work, the Client shall inform the Federal Inspectorate as soon as possible.
• The Client shall always and at all times cooperate with any investigation that takes place in connection with an accident at work.
• If the Job Seeker suffers an accident at work, The Company’s occupational accident insurer shall compensate the Job Seeker directly. The Job Seeker cannot claim compensation from The Company as The Company enjoys civil immunity as a legal employer. If the Job Seeker claims compensation from the Client, the Client cannot under any circumstances recover this compensation from The Company.
• If The Company’s occupational accident insurer exercises recourse against the Client for the compensation paid to the victim of an accident at work and this recourse does not include the full cost borne by the occupational accident insurer, The Company shall invoice the Client for the remaining amount.
• The Client undertakes to communicate to The Company all formal and informal training that the Job Seekers have followed with it, in accordance with the applicable legal conditions and the instructions communicated by The Company.

4. E-Connect

• The Client and The Company shall enter into a written agreement in accordance with Article 17 of the Law of 24 July 1987. The variable mandatory declarations per Job Seeker shall be made available to the Client electronically on a weekly basis via the e-Connect platform. The parties agree that these do not have to be signed weekly. The Client undertakes to activate its account itself through the intervention of its contact person at The Company. The parties agree that if the Client does not make any comment in writing to The Company within 5 working days of the electronic sending of the contract, this contract shall have been tacitly accepted by the Client.

5. Rates and invoicing

• The Client alone is liable for sending back the signed Agreement and for (supervising) the return of the completed and signed work performance In the absence thereof, the Client cannot invoke the non-signing to the disadvantage of The Company, and The Company shall invoice the Client for the works actually performed by the Job Seeker, with as a minimum the contractually agreed works. The Client is liable for supervising and verifying the re- turn of the copy signed by the Job Seeker within 48 hours after it was sent out by The Company.
• By signing the work performance report, the Client confirms the correctness of the indicated works and the execution of the activities performed by the Job Seeker. This signing shall take place immediately after conclusion of the works described in the work performance report, so that the Client by no means impedes the smooth and correct processing of the wage payment by The Company. The Client shall not dispute the validity of the signature by its employees or mandataries. In the event of automatic or electronic work performance processing (e-Connect), the Client shall always accept the work performance data such as they are passed on in an automated or electronic manner to The Company, unless otherwise agreed in writing. The Client alone shall be liable for errors in the automated transmission.
• Invoicing shall take place on the basis of the works as indicated in the work performance reports or as transmitted electronically (via e-Connect) by the Client, with a minimum of the hours requested by the Client, except when fewer hours were performed and this sit- uation is solely attributable to the Job Seeker, and if the information obligation provided for in II.3 of these General Terms and Conditions has been met. In the absence of work performance reports provided by the Client (either in writing and signed, or electronically or automatically), invoicing shall be based on the works actually performed by the Job Seeker, with a minimum of the hours requested by the Client; in this context, all paid hours of leave and days of leave granted by the Client to its permanent staff, such as unofficial holidays, vacation days, bridging days, etc., to which the Job Seeker is also entitled, shall also be considered to be works and shall be invoiced as such to the Client.
• The invoicing shall also include the other wage components as provided for in art. II.3 of the General Terms and Conditions, increased by the applicable VAT. For special work performances (such as overtime hours, working in shifts, at night, on Sundays and holi- days, etc.), the Job Seeker shall be compensated in accordance with the law and/or CLA applicable at the Client’s undertaking in such cases. The wage supplement and the wage components to be paid shall be invoiced to the Client at the same coefficient as that ap- plied to the hourly wage of the Job Seeker or as that used for calculating the rate. For each invoiced hour commenced, The Company shall charge the Client a fee for the Dimona declaration, without application of the agreed coefficient. Any correction to the hourly wage and/or the other wage components to which the Job Seekers are entitled during or after their employment shall also be invoiced to the Client. The Company shall also invoice costs of sickness to the Client. In the Agreement between The Company and the Client or in the present General Terms and Conditions, ‘sickness’ is understood to mean: every day of sickness during the employment contract for which The Company is required to pay the Job Seeker a guaranteed wage, as well as any additional remuneration payable by The Company for a day of sickness after the end of the employment contract between the Job Seeker and The Company. If The Company has to schedule prior health surveillance for a Job Seeker, The Company will invoice the Client for a fixed cost of €00 (Accent Jobs for People/ Accent Construct/ Accent Jobs/ CTRL-F)/ €85.45 (Nowjobs) per Job Seeker. In the event of unjustified absence of a Job Seeker from the prior health surveillance, The Company will invoice the Client for a fixed cost of €75.00 (Accent Jobs for People/ Accent Construct/ Accent Jobs/ CTRL-F)/ €85.45 (Nowjobs) . The cost of eco-vouchers and any annual contributions shall be invoiced per day worked (and if applicable also per NSSO equivalent day). The cost of reduction of working hours days shall be invoiced to the Client per accrued reduction of working hours day. The Company shall invoice the following in addition: an administrative fee per work-related accident per Job Seeker of €250. If the occupational accident is not subsequently recognised by the occupational accident insurer, the Client may recover this amount from The Company. All costs for training, attestations, certificates, etc. that the Job Seeker must follow or which the Job Seeker must have at his disposal to be able to provide services to the Client as temporary worker shall be borne by the Client.
• The agreed coefficient and/or the agreed rate, as well as the cost items included in the Agreement that determine the coefficient and/or the rate, can be unilaterally increased by The Company in the event of:
  • an increase in direct or indirect employer charges;
  • any other factors that determine the actual wage costs or increase the operating costs of The Company;
  • additional charges imposed on The Company by the government, which were not foreseen at the time the Agreement was concluded.

This rate shall also be unilaterally increased by The Company in the event of an increase in the Job Seeker’s hourly wage as a result of the indexations of wages and the contractual wage increases that apply to the Client.

• All tax and social benefits arising from the employment contract for temporary agency work shall accrue to The Company for the period of temporary agency work. This includes, but is not limited to, full or partial exemption from the transfer of payroll tax for The Company in accordance with Articles 275/1 (exemption on a number of overtime hours worked) and 275/5 of the Income Tax Code 1992 (exemption in the case of shift and night work, construction work). The temporary employment agency determines based on the employment information passed on by the Client whether The Company may qualify for the exemption from the transfer of payroll tax. Through a monthly statement, the Client checks an overview of all Job Seekers who are effectively eligible to apply for the exemption. From 1 October 2022, The Company can only apply for an exemption for shift work, night work and construction work with the Client’s explicit prior consent. The Client declares that it has given this express prior consent to the Company by signing the addendum on the exemption from the transfer of payroll tax. The Client undertakes to lend The Company its full cooperation in the event of any tax audit in respect of the provision of all documentary evidence showing that the application for the exemption is duly applied. If the tax authorities considers the exemption from transfer of payroll tax to have been wrongly applied, the Client shall guarantee that it will compensate The Company for all damages incurred by The Company as a result of such refusal. The Client shall pay back to The Company any amounts credited as a result of this exemption. These obligations explicitly continue to apply after the end of the collaboration between the Client and The Company.

6. Liability

• The civil liability provided for in former Article 6.14, paragraph 1 of the Civil Code rests with the Client. Consequently, the latter alone is liable for any harm caused by the Job Seeker to third par- ties. It is recommended that a ‘temporary agency work clause’ be included in the Client’s civil liability insurance policy. The Company is also not liable for any harm that the Job Seeker causes to the Client during and as a result of his/her employment at the Client’s undertaking. Nor is The Company liable in the event of damage, loss, theft or disappearance of material, money or goods entrusted to the Job Seeker. The Company is also not liable for any loans or advances, in kind or cash, granted by the Client to the Job Seeker. The recovery of costs deriving from the use of a telephone for private purposes, meals consumed in the company restaurant, allowed purchases, etc. shall also take place without the mediation of The Company. The Company is in no way liable for the consequences of the absence and/or lateness of its Job Seekers. In any event, the liability of The Company shall be limited to the total of the amounts invoiced by The Company to the Client in the calendar year concerned, with an absolute maximum of

€100,000.00 per calendar year for all claims in the calendar year concerned. Furthermore, the liability of The Company shall be limited to the direct damage that is a direct consequence of the non-performance or the incorrect performance of The Company’s Agreement. The Company is in no way liable for the trading loss or other indirect damage suffered by the Client, such as damage due to lost profit, foregone savings and/or the application of penalty clauses.

7. Acquisition

• In the event of an acquisition: if before the Job Seeker has been made available for 125 full- time working days in the case of Accent Jobs for People, Accent Jobs and Nowjobs or 130 full-time working days in the case of Accent Construct and CTRL-F, and within 12 months of the last employment contract between The Company and the Job Seeker, the Client enters into an employment relationship with the Job Seeker for the same or some other position, without the intervention of Ac- cent, the Client shall pay The Company, per acquired Job Seeker, by way of acquisition fee, an invoiced amount equal to 25% of the gross annual wage of the Job Seeker involved, unless otherwise agreed in writing. The minimum period applies to each Job Seeker individual- ly. The above-mentioned acquisition charge is established as a lump sum on the basis of the reciprocal understanding between the Client and The Company that the harm suffered by The Company is based, among other things, on the costs that the Client would have to assume for the canvassing, selection and screening of an employee with the same qualifications as well as the lost profit, without prejudice to the right of The Company to prove that the harm it suffered exceeds the above-mentioned amount. The same applies if the Introduction was never followed by actual employment via The Company and the Client enters into an employment relationship with the Job Seeker for the same or some other position within 12 months of the date of Introduction.
• The Client shall also owe this acquisition charge if The Company – before the end of the minimum period of 125 (Accent Jobs For People, Accent Jobs and Nowjobs) or 130 (Accent Construct and CTRL-F) working days of provision – needs to discontinue the provision:
• because of the Client’s failure to comply with its obligations in accordance with the arrangements in place between the Client and The Company or with Belgian and European laws and regulations,
• because the Client is in a state of bankruptcy, dissolution or liquidation or in the event of the obvious insolvency of the Client.
  • The Client shall also owe this acquisition charge if the Job Seeker, after the provision period has ended, enters into an employment relationship of any kind with the Client and this insofar as there have not yet been 125 (Accent Jobs For People, Accent Jobs and Nowjobs) or 130 (Accent Construct and CTRL-F) working days worked between the first day of provision and the first day of the employment relationship with the Job Seeker. The Client undertakes to inform The Company in advance in writing of its intention to enter into an employment relationship with the Job Seeker.
  • This acquisition charge shall also be owed if the provision of the Job Seeker must be terminated because the maximum duration of the temporary employment agreement as specified in the Law or CLAs is reached without work having been done for the minimum period of 125 (Accent Jobs For People, Accent Jobs and Nowjobs) or 130 (Accent Construct, CTRL-F) working days of provision and the Client enters into an employment relationship with the Job Seeker. Definitions: ‘Job Seeker’ is understood to mean: the Job Seeker selected by The Company who was made available to the Client with an employment contract for temporary agency work; the Job Seeker Introduced to the Client by The Company. The Job Seeker’s ‘gross annual wage’ is understood to mean: if the Job Seeker has already worked: the last applicable hourly wage x the average number of hours per week applicable in the Client’s sector x 4.33 x 13.92 x the number of days still to be performed/125 (Accent Jobs For People, Accent Jobs and Nowjobs) or 130 (Accent Construct and CTRL-F). If the Job Seeker has not yet worked: the wage applicable in the Client’s company for the position concerned (with the pay scales of the Client’s Joint Committee as a minimum) x the average number of hours per week applicable in the Client’s sector x 4.33 x 13.92. The gross annual wage shall in any case be increased by all fringe benefits, such as, but not limited to, meal vouchers, eco-vouchers, mobile phone, etc.
  • This article does not apply for ‘payroll employees’, i.e. employees for whom the recruiting, screening and selection was done by the Client itself without the intervention of The Company.
  • If the Client wishes to obtain more information regarding the application of this article, The Company can always be contacted via info@accentjobs.be. In addition, the Client can also contact the independent ombudsman service of Federgon, the Belgian federation of temporary employment agencies via ombuds@federgon.be, Havenlaan 86c, 1000 Brussels.

3. Recruitment & selection

1. Application

• Unless otherwise agreed in writing, the provisions of Title III apply if The Company’s services con- sist of recruiting and/or selecting Job Seekers for the Client, with the aim of establishing a direct employment relationship between the Client and the Job Seeker. The following provisions are valid once The Company introduces a Job Seeker to the Client. In the event of a conflict between the provisions of Title III and the other articles of these General Terms and Conditions, the provisions of Title III shall prevail.

2. Object

• The Company undertakes to make every effort – within reasonable limits – to select a suitable Job Seeker for the Client in order to allow the Client to enter into a direct employment relationship with the Job Seeker.

3. Obligations of the Client

• The Client shall provide The Company with all data necessary for optimal recruitment and The Client undertakes always to provide The Company with correct and accurate information and to notify it of important changes to the data immediately and at the latest within 4 hours.

4. Rates

• The Company works on the basis of ‘First Talent, Then Pay’ for recruitment and selection. The Client is only obliged to pay a fee (hereinafter referred to as the ‘Fee’) if a Job Seeker Introduced by The Company is actually retained by the Client and the latter enters into an employment relationship, of whatever nature, with the Job Seeker introduced by The Company.
• The Fee owed in the event of actual employment shall be set out in the Agreement and calculated on the basis of the Job Seeker’s gross annual package, regardless of whether the Job Seeker works full time or part time. This covers:
  • The annual gross remuneration, calculated on the basis of 13.92 months (12 months in the case of self-employed cooperation between the Job Seeker and the Client) before withholding or deduction of social security contributions.
  • Net expenses, benefits of any kind, commission, meal vouchers, guaranteed or variable bonuses (at target), group insurance and hospitalisation insurance.
  • The benefit arising from the use of a company car shall be estimated at €625/month.

If the Job Seeker is recruited for a part-time position, the Fee shall be calculated on the basis of the annual gross remuneration for the Performance that the Job Seeker would have received if he/she had been employed by the Client full time.

The Fee agreed in the cooperation agreement between The Company and the Client (either as a percentage of the gross annual package or as a flat-rate sum) can be unilaterally in- creased by The Company in the event of:

• an increase in the wage costs or operating costs of The Company;
• additional charges imposed on The Company by the government, which were not foreseen at the time the Agreement was concluded.
• The Client undertakes to also forward a copy of the wage proposal to The Company each time it submits this to the Job Seeker. In addition, the Client shall always provide The Company with a copy of the final agreement with the Job Seeker, so that The Company always has the correct and accurate information about the Job Seeker’s gross annual
• The Fee is an all-in fee and covers all recruitment and selection costs incurred by The Company in carrying out its Assignment. The Company shall not charge any costs other than the Fee. Only foreign travel and/or accommodation expenses incurred by The Company and the Job Seekers in connection with the recruitment and selection procedure shall be invoiced separately to the Client, on condition that the Client has approved the foreign travel and/or accommodation expenses in advance. These are to be reimbursed by The Company to the Job Seekers. The Company shall subsequently charge these expenses to the Client, who shall pay these expenses to The Company.
• All amounts shall be exclusive of VAT. The Fee is due at the time when the Client enters into an employment relationship of whatever nature with the Job Seeker on its own behalf or via and/or on behalf of third parties.
• Any arrangements in the Agreement relating to the crediting of the Fee in the event of early termination only apply insofar as the following terms and conditions are cumulatively met:
  • the Client’s dismissal of the Job Seeker selected by The Company only relates to the Job Seeker’s qualifications, professional suitability or conduct. The guarantee scheme does not apply to other cases including (this list is non-exhaustive) cases of force majeure, redundancies by the Client for economic and technical reasons, when the Job Seeker Introduced by The Company resigns themselves for just cause or due to faults on the part of the Client
  • the dismissal is not due to an obvious difference between the Client’s job description given to The Company by the Client and the actual content of the job effectively performed for the Client by the Job Seeker selected by The Company,
  • detailed reasons for the dismissal are provided by the Client and the Client notifies The Company within five working days of the dismissal. Immediate application of the guarantee scheme is requested by the Client within five working days after notification of the dismissal and, within that time, evidence for the reason for the dismissal is forwarded to The Company,
  • any amount invoiced to the Client in performance of the cooperation agreement has been paid as agreed.

Where applicable, The Company shall credit all or part of the Fee as provided in the commercial agreements.

5. Liability

• The Client is responsible for its final choice of Job Seeker. The Company shall not be liable if it transpires that the Job Seeker does not satisfy the Client’s requirements or expectations, unless this is demonstrably the consequence of an act or omission by The Company in breach of the provisions of III.2 of the General Terms and Conditions. In any case, any liability on the part of The Company shall be limited to the direct loss proven by the Client and to a maximum of half the Fee charged or due to be charged to the Client in connection with the Assignment, with an absolute maximum of €100,000,00 per calendar year for all claims in the calendar year concerned.
• The Company can never be liable for any damage and/or losses, including consequential loss:
  • that may arise from (a) a flaw in the references, professional experience, skills or personality of the Job Seeker, (b) any failure of the Job Seeker to meet the statutory, medical or ethical obligations, or (c) the Job Seeker’s use of false information or failure to provide information.
  • as a result of action and/or omission by a Job Seeker Introduced by The Company with whom the Client has entered into an employment relationship of any kind.

6. Acquisition

• The Client shall not directly or indirectly enter into an employment relationship with a Job Seeker introduced by The Company for the duration of the Agreement and up to one year after the Introduction by The Company of a Job Seeker. In this article, Job Seeker is understood to mean: any Job Seeker selected by The Company who was Introduced to the Client. If the details of the Job Seeker Introduced have already been included in the database of the Client – for example through the spontaneous application of the Job Seeker to the Client or through Introduction by another company – this Job Seeker shall not be considered selected by The Company providing these details have been in the possession of the Client for a maximum of two months or the Client had contact with the Job Seeker within the context of possible recruitment in the four weeks prior to the Introduction by The Company. The Client shall notify the Company of this immediately and at the latest within five working days after the Introduction of the Job Seeker by the Company. In the event of any discussion between The Company and the Client, the Client must provide The Company with the necessary supporting documents. If the Client infringes the above prohibition, it shall be liable immediately to pay an acquisition charge to The Company equal to the Fee, which shall be invoiced to the Client. If the amount of the Job Seeker’s gross annual package is higher than €60,000.00, the acquisition charge shall be equal to €25,000.00.