Accent Construct general terms and conditions

I. General provisions

1 Agreement

1.1 Unless otherwise agreed in writing, any provision of services by Accent, including, but not limited to, any offer or (spontaneous) Introduction or recruitment of a candidate or provision of a Job Seeker, shall be governed by these General Terms and Conditions (hereinafter: ‘General Terms and Conditions’).

1.2 These General Terms and Conditions shall apply, inter alia, if the Client entrusts Accent with a request to find a Job Seeker, either to take up permanent employment with the Client or to provide services to the Client as a temporary agency worker (hereinafter: ‘Assignment’), and Accent introduces a Job Seeker to the Client. ‘Introduction/Introduce’ is understood to mean the communication to the Client of information concerning the profile of the Job Seeker and data enabling the Client to identify the candidate (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: 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.
‘Accent’ is understood to mean the following companies: Accent Jobs for People nv, Accent Construct nv and CTRL-F nv (hereinafter: ‘Accent’).

1.3 The General Terms and Conditions form an integral part of the cooperation agreement (hereinafter: the ‘Agreement’) between the parties. 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 take precedence over any (general) terms and conditions of the Client.

1.4 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 candidate Introduced by Accent shall be deemed as acceptance of the Agreement and the General Terms and Conditions.

2 Duration

2.1 The Agreement between the Client and Accent shall commence on the date the Agreement is signed, 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 candidate Introduced by Accent, and shall run for 12 months, unless otherwise stipulated in the Agreement. The Agreement shall not be terminated prematurely by the entry of a search query or filling of a vacancy by one Job Seeker or for one particular position, and shall continue to apply for the period of 12 months after signing.

2.2 An offer is only valid for the arrangements mentioned in the Assignment. The term of validity of an offer is 14 calendar days.

3 Terms of payment

3.1 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. Accent’s invoices 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.

3.2 If the Client defaults in paying the invoice after the due date, Accent has the right to unilaterally suspend execution of the Agreement until all payments have been made. In the event of non-payment within the agreed payment period, the invoice amount shall automatically and ipso jure be increased by an interest rate of 12% per annum, without the need for prior formal notice of default. Moreover, in the event of non-payment of the invoice after the due date, ipso jure and without prior formal notice of default, liquidated damages shall be owed composed of:

• for the extrajudicial costs: 15% on the invoice amount, with a minimum of €125.00.
• for the court costs: the costs described in article 1017 of the Judicial Code including the procedural indemnity.

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 Accent 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, Accent 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% (excl. VAT) for the part not yet delivered, without prejudice to Accent’s right to prove a higher loss and to claim compensation for this.

3.3 Partial payments shall always be accepted with reservation of all rights and without prejudicial acknowledgement, and shall be applied in priority to any legal costs incurred, then to interest due, then to contractual compensation, and finally to the principal sum.

3.4 The Job Seeker is not authorised to collect invoices.

3.5 All complaints concerning the invoices must reach Accent’s registered office within 8 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.

3.6 The possibility for the Client to suspend its payment obligations (non-performance exception or exceptio non adimpleti contractus) is explicitly excluded, as is the possibility for the Client to offset any amounts reciprocally due.

3.7 If, in accordance with the Agreement or for any other reason, a credit note should be issued to the Client, this shall only be issued to the Client if the following conditions have been fulfilled cumulatively:

• The Client has paid all due 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 CLA 38 quater of 14 July 1999, Job Seekers must not be treated in a discriminatory manner. Accent does not discriminate. Accent 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

5.1 Accent undertakes expressly to maintain secrecy about all data of a confidential nature supplied to it or to its employees by the Client in the context of the Agreement. Any and all Job Seeker Introductions by Accent are confidential. Information about Job Seeker candidates must be treated confidentially by the Client and must not be disclosed to third parties, not even to companies affiliated with the Client, unless Accent has given written permission. If it breaches this article, the Client shall be obliged to pay compensation equal to €10,000 per breach, without prejudice to Accent’s right to higher compensation in the event of higher proven loss.

5.2 The Client is prohibited from disclosing the Agreement, which includes the rates, to third parties (including companies affiliated to the Client), unless Accent has given written permission.

5.3 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.

6 Liability

6.1 The Client acknowledges that all obligations which Accent 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. Accent shall only be liable if the Client proves that Accent 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 Accent. Accent shall under no circumstances be liable for any indirect damage suffered by the Client. Accent’s total liability shall in any case be limited in accordance with articles II.5 and III.5 of the General Terms and Conditions.

6.2 The Client must report any faults or shortcomings to Accent 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 Accent by registered letter within 6 months of the alleged fault on the part of Accent, under penalty of forfeiting this right.

6.3 Accent 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 Accent’s normal control, including but not limited to: fire, flooding, unavoidable accidents, mandatory government measures, pandemic, etc. Such circumstances shall suspend the Agreement between the Client and Accent. Accent shall do everything in its power to ensure continuity and compliance with its obligations as soon as possible.

7 Non-solicitation

7.1 With regard to the Job Seeker: Without Accent’s consent, the Client is not permitted to enter into an employment relationship with the Job Seeker, either directly or via third parties, or to employ the Job Seeker directly or indirectly, before the expiry of the set minimum period of working days (in the case of temporary agency work) or for one year after the Introduction of the Job Seeker (in the case of Recruitment & Selection). 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.

7.2 With regard to Accent’s permanent employees: The Client undertakes not to enter into an employment relationship with a permanent employee of Accent or an affiliate of Accent. Entering into an employment relationship with an employee is understood 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 Accent. 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 Accent compensation of €25,000, unless a higher loss can be proven by Accent.

8 GDPR

8.1 The parties declare that they fully comply with the European and Belgian regulations on privacy and the protection of personal data.

8.2 During the term of the Agreement, an exchange of personal data between Accent 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, Accent 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.
Accent and the Client are obliged to treat these personal data in accordance with the Privacy Law and related legislation. Accent must not pass on any personal data to the Client, except in the cases provided for by law. The Client shall provide Accent 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 Accent 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 Accent against any claim by Job Seekers, workers, employees or other third parties against Accent in connection with a violation by the Client of the provisions of this article and shall reimburse the costs incurred by Accent 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, Accent 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/nl/privacybeleid). The Client declares that it has read this privacy policy and has been sufficiently informed.

8.3 Without prejudice to the possibility for Accent to claim higher compensation for the actual damage caused by the breach of the obligations under this article, the Client shall owe lump-sum compensation of €10,000 in the event of a breach of this article.

8.4 At the Client’s request, Accent 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 Accent 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 for a Candidate to sit an unpaid test prior to the employment contract, the Client must take the applicable basic principles into account. Accent shall under no circumstances be liable for the consequences of the Client’s failure to comply with these principles.

10 Termination

10.1 Without prejudice to any right of Accent to compensation, Accent 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;
• if the Client has applied for a moratorium on payments or is in a state of bankruptcy or cessation of payments or if its credit has been jeopardised or it is manifestly insolvent;
• in the event of dissolution and/or liquidation of the Client’s company;
• if all or part of the Client’s assets are seized in execution and/or on a precautionary basis at the request of a creditor or in the event of other execution or precautionary measures concerning the Client’s assets;
• 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.

10.2 If the Client unilaterally and prematurely breaks the Agreement, it shall, in accordance with article 1226 et seq. of the Civil Code, pay lump-sum compensation equal to the amount that Accent 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 broken 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. Accent reserves the right to claim higher compensation corresponding to the actual damage incurred.

11 Miscellaneous

11.1 These General Terms and Conditions must not contain any deletions and shall take priority over all others. Any amendment, deviation or change in relation to the Assignment, which results in a change in the scope or complexity of the Assignment, shall be recorded in a separate written agreement between Accent and the Client. The General Terms and Conditions are always appended to the Agreement and are stated on every invoice issued by Accent. Unless otherwise agreed in writing, payment of an invoice from Accent 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 8-day period.

11.2 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 invalid or unenforceable provision shall be deemed to have been replaced by an alternative valid and enforceable provision that most closely matches the original intent of the parties as permitted by applicable law.

11.3 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.

11.4 The parties acknowledge that an ordinary electronic signature, as described in Article 3(10) to (12) of the eIDAS Regulation, has the same evidentiary value as a qualified electronic signature.

II. Special provisions for Temporary Agency Work

1 Application

1.1 The provisions of Title I apply insofar as Accent’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

2.1 Accent undertakes to make every effort – within reasonable limits – to provide the Client with suitable Job Seeker candidates.

3 Obligations of the Client

3.1 The Client undertakes to communicate in writing to Accent, 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 Accent immediately and at the latest within 4 hours 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 Accent 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.

3.2 The Client undertakes to respect at least the contractually agreed hours by providing work and reimbursing these hours.

3.3 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 Accent against any claim by third parties.

3.4 Accent 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 authorisations 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, authorisations and notifications, and indication of the number of employment attempts at inflow. The Client must indemnify Accent against sanctions and/or required compensation imposed on Accent 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 Accent with the evidence and justification.

3.5 The Client notes that successive daily contracts are only permitted if there is a need for flexibility in its company. The Client is responsible for providing proof of the need for flexibility with successive daily contracts if permitted by law. If the Client makes use of successive daily contracts contrary to the applicable regulations, Accent shall invoice the Client for the legal costs and contributions as well as the administrative costs related to this.

3.6 If the reason is inflow, the Client must inform Accent 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 Accent 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.

3.7 The Client must inform Accent by letter or electronically if the Job Seeker is being made available from another country to a Client based in Belgium. Failure to comply with this obligation shall be sanctioned by a criminal or administrative fine per infringement and per Job Seeker, as set forth in the Belgian Social Penal Code (sanction level 2). The fines and the related administrative costs (including, but not limited to, the legal costs) arising from this are at the expense of the Client and shall be invoiced to the Client by Accent. This article also applies if Accent seconds a Job Seeker abroad at the Client’s request. Accent shall charge the Client an administrative operating fee of €50 for each new secondment request. An administrative operating fee of €50 shall also be charged for any extension of an existing secondment. At the Client’s request, Accent shall take the necessary steps to apply for the Single Permit. If the Client has recruited and selected the Job Seeker itself (Payroll), Accent shall charge the Client an administrative fee of €250. The Client itself is responsible for paying any fees owed. If the Client seconds a Job Seeker to a particular country against Accent’s advice, the Client shall bear full responsibility for any resulting fines.

3.8 The Client must provide Accent 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 Accent.

3.9 The Client cannot call upon the services of Accent in the event of temporary unemployment, strike or lockout in its undertaking. In such cases, the Client must inform Accent thereof in writing immediately and at the latest within 4 hours. The mandatory withdrawal of the Job Seekers in these cases shall not give rise to payment of any compensation by Accent 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 Accent.

3.10 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 Accent 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.

3.11 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.

3.12 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 October 2010, the Client must, in the cases provided for, complete the job sheet and submit it to Accent before provision of the Job Seeker. 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 Accent immediately, and at the latest within 4 hours, 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 2020, 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 Accent 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.

3.13 If a Job Seeker is involved in a work-related accident, the Client shall, after having taken all urgent measures, notify Accent 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 omissions. The Client’s prevention and protection service shall investigate any serious work-related accident suffered by the Job Seeker and shall contact Accent’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. Accent, as a legal employer, is not authorised 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.

3.14 The Client shall always and at all times cooperate with any investigation that takes place in connection with an accident at work.

3.15 If Accent’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, Accent shall invoice the Client for the remaining amount.

4 E-connect

4.1 The Client and Accent shall enter into a written agreement in accordance with article 17 of the Law of 24 July 1987. The variable mandatory declarations per temporary agency worker 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 Accent. The parties agree that if the Client does not make any comment in writing to Accent 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

5.1 The Client alone is liable for sending back the signed Agreement and for (supervising) the return of the completed and signed work performance reports. In the absence thereof, the Client cannot invoke the non-signing to the disadvantage of Accent, and Accent 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 return of the copy signed by the Job Seeker within 48 hours after it was sent out by Accent.

5.2 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 Accent. 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 Accent, unless otherwise agreed in writing. The Client alone shall be liable for errors in the automated transmission.

5.3 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 situation 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 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 Accent 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 Accent;
• additional charges imposed on Accent by the government, which were not foreseen at the time the Agreement was concluded.

This rate shall also be unilaterally increased by Accent 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. The invoicing shall also include the other wage components as provided for in 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 holidays, 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 applied to the hourly wage of the Job Seeker or as that used for calculating the rate. The costs for DIMONA per hour worked shall be charged to the Client 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.

5.4 Accent shall invoice the following in addition: an administrative fee per work-related accident per Job Seeker of €250. If the work-related accident is subsequently not recognised by the occupational accident insurer, Accent shall return this sum to the Client.

5.5 All tax and social benefits arising from the employment contract for temporary agency work shall accrue to Accent for the period of temporary agency work.

6 Liability

6.1 The civil liability provided for in article 1384(3) of the Civil Code rests with the Client. Consequently, the latter alone is liable for any harm caused by the Job Seeker to third parties. It is recommended that a ‘temporary agency work clause’ be included in the Client’s civil liability insurance policy. Accent 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 Accent liable in the event of damage, loss, theft or disappearance of material, money or goods entrusted to the Job Seeker. Accent is also not liable for the loans or advances, in kind or cash, that might be 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 Accent. Accent is in no way liable for the consequences of the absence and/or lateness of its Job Seekers. In any event, the liability of Accent shall be limited to the total of the amounts invoiced by Accent to the Client in the calendar year concerned. Furthermore, the liability of Accent shall be limited to the direct damage that is a direct consequence of the non-performance or the incorrect performance of Accent’s Agreement. Accent 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.

6.2 Pursuant to the Law of 26 March 2018 on strengthening economic growth and social cohesion, employers who employ workers who carry out construction works may, under certain conditions, be exempted from paying (part of) the withholding tax for those workers. The Client is responsible for keeping proof for a period of 7 years. In the event that the Client provides incorrect and/or incomplete information to Accent, and Accent suffers loss as a result, Accent shall be entitled to claim compensation from the Client.

7 Non-solicitation

7.1 In the event of premature solicitation: if the Client, before the end of a minimum period of 130 working days of provision within 12 months of the last employment contract between Accent and the Job Seeker, without the intervention of Accent, enters into an employment relationship with the Job Seeker for the same or some other position, the Client shall pay Accent, per solicited Job Seeker, by way of acquisition, 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 individually. The above-mentioned acquisition charge is established as a lump sum on the basis of the reciprocal understanding between the Client and Accent that the harm suffered by Accent 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 Accent 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 Accent and the Client enters into an employment relationship with the Job Seeker for the same or some other position within 12 months after the date of Introduction.

7.2 The Client shall also owe this acquisition charge if Accent – before the end of the minimum period of 130 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 Accent 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.

7.3 The Client shall also owe this acquisition charge if the Job Seeker, after the provision period has ended, enters into an employment relationship with the Client and this insofar as there have not yet been 130 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 Accent in advance in writing of its intention to enter into an employment relationship with the Job Seeker.

7.4 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 130 working days of provision and the Client enters into an employment relationship with the Job Seeker.

7.5 Definitions: ‘Job Seeker’ is understood to mean: the Job Seekers selected by Accent who were made available to the Client with an employment contract for temporary agency work; the Job Seeker candidates who were Introduced to the Client by Accent. 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/130. 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-cheques, mobile phone, etc.

7.6 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 Accent.

III. Recruitment & selection

1 Application

1.1 The provisions of Title II apply insofar as Accent’s services consist of recruiting and selecting candidates in response to a corresponding request from the Client, with the aim of establishing a direct employment relationship between the Client and the Job Seeker. 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

2.1 Accent 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

3.1 The Client shall provide Accent with all data necessary for optimal recruitment and selection. The Client undertakes always to provide Accent 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

4.1 Accent works on the basis of ‘First Talent, Then Pay’ for recruitment and selection. The Client is only obliged to pay a fee (hereinafter: the ‘Fee’) if a Job Seeker Introduced by Accent is actually retained by the Client and the latter enters into an employment relationship, of whatever nature, with the Job Seeker Introduced by Accent.

4.2 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. 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.

4.3 The Client undertakes to also forward a copy of the wage proposal to Accent each time it submits this to the Job Seeker. In addition, the Client shall always provide Accent with a copy of the final agreement with the Job Seeker, so that Accent always has the correct and accurate information about the Job Seeker’s gross annual package.

4.4 The Fee is an all-in fee and covers all recruitment and selection costs incurred by Accent in carrying out its Assignment. Accent shall not charge any costs other than the Fee. Only foreign travel and/or accommodation expenses incurred by Accent 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 Accent to the Job Seekers. Accent shall subsequently charge these expenses to the Client, who shall pay these expenses to Accent.

4.5 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.

4.6 Any arrangements in the Agreement relating to the crediting of the Fee in the event of early termination shall not apply in cases of force majeure or discontinuation by the Client for economic reasons. The guarantee scheme only applies to fully reasoned dismissals related to the qualifications, professional suitability or conduct of the Job Seeker Introduced by Accent and which the Client reports to Accent within 10 working days of the Job Seeker’s dismissal. Where applicable, Accent shall credit all or part of the Fee as provided for in the Agreement.

5 Liability

5.1 The Client is responsible for its final choice of Job Seeker. Accent shall not be liable if it transpires that the Job Seeker does not satisfy the Client’s requirements or expectations, unless that is demonstrably the consequence of action or omission by Accent in breach of the provisions of III.2 of the General Terms and Conditions. In any case, any liability on the part of Accent 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.

5.2 Accent 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 Accent with whom the Client has entered into an employment relationship of any kind.

6 Non-solicitation

6.1 For the duration of the Agreement and up to one year after the Introduction by Accent of a Job Seeker, the Client shall not enter into an employment relationship, either directly or indirectly, with the Job Seeker Introduced by Accent after the Client previously refused the Job Seeker or after the Job Seeker previously refused. ‘Job Seeker’ in this article is understood to mean any Job Seeker selected by Accent and Introduced to the Client who met the specific requirements of the vacancy posted by the Client. If the details of the Introduced Job Seeker 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 Accent provided that these details are in the possession of the Client for a maximum of 2 months or provided that the Client had contact with the Job Seeker within the context of possible recruitment in the 4 weeks prior to the Introduction by Accent. In the event of any discussion between Accent and the Client, the Client must provide Accent with the necessary supporting documents. If the Client infringes the above prohibition, it shall be liable immediately to pay an acquisition charge to Accent equal to the Fee, plus 25%, which shall be invoiced to the Client. If the amount of the Job Seeker’s gross annual package is higher than €60,000, the acquisition charge shall be equal to €25,000.