Introduction
The provision of lessons and specialist staff involves three parties: the Client, the Specialist and the company
Skills for Kids. For a proper understanding of the relationship between the parties involved when hiring in specialist staff for lesson hours in the compulsory extended learning time, the following is important.
Article 1 Definitions
The following definitions apply in these terms and conditions:
a. "Skills for Kids" Skills for Kids, located at Prinsegracht 27, 2512 EW in The Hague
b. "Specialist" A natural person who, through the intermediary of Skills for Kids, carries out or will carry out work and/or services on behalf of a Client;
c. "Client" Schools and/or organisations
d. "Agreement" Any agreement entered into between Skills for Kids and Client whereby Skills for Kids undertakes to provide lessons for the Client. "Agreement" also includes any amendment and/or addition to it, as well as all related (legal) actions whether or not in preparation for or in execution thereof.
Article 2 Applicability
2.1. These General Recruitment Terms and Conditions apply to and form part of all offers, quotations and agreements between Skills for Kids and the Client and all agreements and/or disputes arising therefrom.
2.2. These terms and conditions come into force on 12 March 2010.
2.3. Deviations from these General Terms and Conditions are only valid insofar as they have been confirmed in writing by the management of Skills for Kids. Such deviations apply exclusively to the case in question and no rights can be derived from them with regard to legal relationships entered into later.
2.4. The applicability of any other General Terms and Conditions that the Client may use or to which the Client refers is hereby expressly rejected.
Article 3 Non-binding nature of quotes and formation of contracts
3.1. All quotes and cost estimates from Skills for Kids are entirely non-binding, unless the contrary is expressly stated in an individually addressed written quote.
3.2. A contract between Skills for Kids and Client is only formed once Skills for Kids has confirmed the Order in writing, or has commenced execution of the Order.
The contract is confirmed in writing containing the following:
- Client name
- Nature of the order
- Job description
- Name of the Specialist performing the work
- Prices
- Payment terms
Article 4 Execution
4.1. The Client shall provide Skills for Kids with precise information concerning the role, working hours, duration of work, tasks, workplaces and working conditions relating to the specialist as well as concerning the intended duration of the assignment. Skills for Kids relates this information provided by the Client to the qualifications, capabilities and availability of the suitable specialist. On that basis, Skills for Kids determines to the best of its ability which specialist is proposed for the assignment.
Within the framework set out here, Skills for Kids is entirely free in the choice of specialist proposed for the assignment.
4.2. Skills for Kids provides the Client with specialist(s) as temporary staff.
4.3. The management and supervision of the specialist shall at all times rest with Skills for Kids.
Article 5 Agreement
5.1. The fixed-term agreement.
This is an agreement for a fixed period: that is, for a pre-determined calendar period or for a period ending on a pre-determined date or for a determinable period: that is, for a period ending because an objectively determinable event occurs. (an event independent of the will of the parties); multiple events may be described, provided that the engagement ends upon the occurrence of one of the individual events.
5.2. The fixed-term agreement ends automatically at the end of the period for which it was entered into.
5.3. The fixed-term agreement cannot be terminated prematurely unless otherwise agreed in writing.
5.4. If the option for early termination has been agreed, termination must be made in writing with notice of at least fourteen calendar days.
5.5. The Agreement ends automatically if Skills for Kids can no longer make the Specialist available to the Client due to circumstances beyond the control of Skills for Kids, for example as a result of government measures, in the broadest sense of the word, or because the employment relationship between Skills for Kids and the Specialist has ended.
5.6.1. If the situation of article 5.5 (a) of these conditions occurs, Skills for Kids will inform the Client as soon as possible of the (possible) termination. If desired, Skills for Kids will attempt to make another Specialist available to the Client. By making another Specialist available, a new Agreement is concluded with the Client, to which these conditions apply in full, unless these conditions are amended in the interim.
5.6.2. If one of the cases referred to in article 5.5 (b) of these conditions occurs, all claims of Skills for Kids against the Client become immediately and wholly payable, without prejudice to the other rights of Skills for Kids under the Agreement, these conditions, the General Terms and Conditions and the law.
5.7. Termination of the Agreement in accordance with the provisions of this article does not give rise to any right to compensation on the part of the Client.
Article 6 Rates
6.1.1. The hours worked by the specialist are charged by Skills for Kids to the Client on the basis of the agreed (hourly) rate.
6.1.2. Skills for Kids is also entitled to change the agreed (hourly) rate if the factors on which the (hourly) rate is based change, provided that an already agreed (hourly rate) can only be changed from the time of implementation of the change. "Factors on which the (hourly) rate is based" include in any case applicable government measures, as well as the statutory provisions applicable to Skills for Kids, including social insurance legislation and tax legislation.
Article 7 Good Client Conduct
7.1.1. The Client shall conduct itself towards the Specialist during the execution of supervision or management, as well as
with regard to the execution of the work, in the same careful manner as it is required to do towards its own employees.
Other Client Obligations
7.1.2. The Client shall, during the term of the agreement and for one year after its termination, in no way whatsoever, except after proper business consultation has taken place and according to standards of reasonableness and fairness, employ employees of the User or of undertakings which the User has engaged for the execution of this agreement and which are (have been) involved in the execution of the agreement, nor otherwise, directly or indirectly, have them work for itself.
7.1.3. In the event of a breach of the provision set out in paragraph 1 of this article, the Client shall owe Skills for Kids a fixed compensation of six (6) gross monthly salaries of the Specialist in the last position held with the Client under the Agreement, with a minimum of €12,000.
7.2. The compensation mentioned in paragraph 2 of this article is immediately due and not subject to reduction, without prejudice to the right of Skills for Kids to claim additional or alternative compensation.
7.5. The Client is not permitted to transfer its rights and/or obligations under the Agreement or these conditions to a third party without prior written consent of Skills for Kids.
7.6. Furthermore, the Client is not permitted to deploy the Specialist abroad and/or make them available to a third party, unless with prior written consent of Skills for Kids.
Article 8 Liability and indemnity
8.1.1. Skills for Kids is not liable to the Client for damage and loss caused by the Specialists to the Client or to third parties.
8.1.2. Skills for Kids is not liable to the Client for obligations entered into by Specialists with or arising for them in relation to the Client or third parties, whether or not with the consent of the Client or third parties.
8.1.3. To the extent that Skills for Kids is liable due to attributable breach and/or unlawful conduct of Skills for Kids and/or its managerial staff, the liability of Skills for Kids per event, whereby a connected series of events counts as one event, is limited to the total of the amounts invoiced to the Client under the concluded Agreement and paid by him, excluding VAT, with a maximum of €25,000, unless there is intent or gross negligence on the part of Skills for Kids.
8.1.4. Skills for Kids is never liable for indirect damage, of any kind whatsoever including
consequential and/or intangible damage, which the Client or a third party suffers because Skills for Kids, or a person for whom it is liable by law, fails to perform the Agreement.
8.2. The Client indemnifies Skills for Kids against any liability (including costs including the actual costs of legal assistance) for direct or indirect damage and loss caused by the Specialist to the Client or to third parties or from obligations entered into by Specialists or arising for them in relation to the Client or third parties, whether or not with the consent of the Client or third parties.
8.2.1. The Client shall take out adequate insurance to cover this indemnity and to cover the liabilities underlying it.
8.3. In particular, the Client indemnifies Skills for Kids against damage to dependants through loss of livelihood, to the extent that such damage results from injury to employees of Skills for Kids and/or other persons involved in the performance of an agreement, sustained during the performance of that agreement resulting in death.
Article 9 Protection against hazards
9.1.1. The Client is obliged towards Skills for Kids to arrange and maintain the premises and work equipment in which or with which they have work carried out, and to take such measures and provide such instructions as are reasonably necessary to prevent the Specialist from suffering injury in the performance of their duties.
9.1.2. The Client is obliged to have a report drawn up for each accident at work involving the Specialist, in which, insofar as is reasonably possible, a record is made of what actually occurred and under what circumstances the accident arose.
Article 10 Payment
10.1. Unless otherwise agreed in writing, the Client is required to settle all Skills for Kids invoices within 14 days of the invoice date. Skills for Kids shall provide the Client with details of the time spent on the work and services.
10.2. If the Client disagrees with the statement, they must submit their objection to Skills for Kids by registered letter within 5 days of the date of the statement. If no objection is received within this period, the statement shall be deemed accepted by the Client.
10.3. After expiry of the payment period set out in Article 10.1 of these terms, the Client shall be in default without notice of default being required. The Client shall then owe Skills for Kids interest of 1.5% per month on the outstanding amount.
10.4. In the event of a timely objection as referred to in Article 10.2 of these terms, Skills for Kids shall, as far as possible, consult with the Client and the Specialist. Based on the information gathered by it, Skills for Kids shall subsequently be entitled to determine the hours worked in a binding manner.
10.5. Both judicial and extrajudicial costs relating to the recovery and collection of payments not received by Skills for Kids from the Client in a timely manner shall be borne by the Client. The fee for extrajudicial collection costs is set at a minimum of 15% of the amount owed.
Article 11 Confidentiality
The Client and the Specialist undertake, whether during this agreement or after its termination, not to disclose in any way, to anyone or in any form, any information concerning or relating to particulars of contractors or clients which have become known during or as a result of carrying out the project and regarding which confidentiality has been imposed at the start of the engagement and / or of which the confidential or proprietary nature is known or should be known.
Article 12 Disputes
12.1. The court in the user's place of establishment shall have exclusive jurisdiction to hear disputes, unless the subdistrict court (kantonrechter) has jurisdiction. Nevertheless, the user has the right to submit the dispute to the court having jurisdiction according to law.
12.2. Parties shall only resort to court after they have made every effort to resolve the dispute by mutual agreement.
Article 13 Applicable Law
Dutch law applies to any agreement between the user and the Client.