General Terms and Conditions HCA Project Support Nederland B.V.
Private company with ordinary structure HCA Project Support Nederland B.V. (hereinafter: HCA) is registered with the Chamber of Commerce under number 18056506 and is located at Scheepsbouwweg 67 (3089JW) in Rotterdam.
1. In these general terms and conditions, the following terms are used in the following sense unless expressly stated otherwise.
2. Offer: any Offer to Client to perform Services by HCA. 3. Services: the Services offered by HCA concerns the provision of Zzp'ers.
4. Candidate: the Zzpp'er who is registered with HCA, and is introduced to Client by HCA in the context of one or more Services, for the purpose of making the Candidate available to Client or entering into a contract of assignment.
5. Client: the natural or legal person in the exercise of profession or business who has appointed HCA and/or granted projects to HCA for Services performed by HCA.
6. Agreement means any Agreement and other obligations between Client and HCA, as well as proposals by HCA for Services provided by HCA to Client and accepted by Client and accepted and performed by HCA.
7. Posting: the Agreement under which the Candidate is made available by HCA, to the Client to perform Work at the Client's premises pursuant to an assignment given by the Candidate to HCA.
8. Work: where reference is made in these general terms and conditions to Work, this refers to all Work performed by the Candidate on behalf of the Client.
9. HCA: the service provider offering Services to Client.
10. Zzp'er: the natural person acting in the exercise of a profession or business.
1. These general terms and conditions apply to any Offer by HCA, any Agreement between HCA and Client and any Service offered by HCA.
2. Upon entering into an agreement, Client will be provided with these general terms and conditions. If this is not reasonably possible, HCA will indicate to Client how Client can inspect the general terms and conditions.
3. Deviation from these general conditions is not possible. In exceptional situations, the general conditions may be deviated from insofar as this is explicitly agreed upon in writing with HCA.
4. These general terms and conditions also apply to additional, amended and follow-up assignments from the Client.
5. The general terms and conditions of the Client are excluded.
6. If one or more provisions of these general terms and conditions are partially or entirely void or nullified, the remaining provisions of these general terms and conditions shall remain in force, and the void/ nullified provision(s) shall be replaced by a provision with the same purport as the original provision.
7. Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions shall be assessed and explained in the spirit of these general terms and conditions.
8. The applicability of Sections 7:404 and 7:407 (2) of the Civil Code is explicitly excluded.
9. Where reference is made in these General Terms and Conditions to she/he/him, this should also be construed as a reference to he/him/his, if and to the extent applicable.
1. Any Offer by HCA is without obligation, unless expressly stated otherwise.
2. HCA is only bound to an Offer if it is confirmed by Client in writing within 30 days. Nevertheless, HCA has the right to refuse an Agreement with a (potential) Client for a valid reason for HCA.
3. The Offer contains a description of the Services offered. The description is sufficiently specified so that the Client is able to make a proper assessment of the Offer. Any details in the Offer are only indicative and cannot be a ground for any compensation or dissolution of the Agreement.
4. Offers or quotations do not automatically apply to follow-up orders.
5. Any deadlines included in HCA's Offer are in principle indicative and if exceeded do not entitle the Client to dissolution or damages, unless expressly agreed otherwise.
6. A composite quotation does not oblige HCA to deliver a portion of the Services included in the Offer at a corresponding portion of the quoted price.
1. The Agreement is established at the moment the Client has accepted an Offer or Agreement from HCA by returning a signed copy (scanned or original) to HCA, or gives an explicit and unambiguous agreement to the Offer by e-mail.
2. HCA has the right to revoke the (signed) Agreement within 5 working days of receiving the acceptance.
3. HCA is not bound to an Offer if Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or clerical error.
4. If Client cancels an order already confirmed, the actual costs already incurred (including time spent) will be charged to Client.
5. Any agreement entered into with HCA or any project awarded to HCA by Client shall be vested in the company and not in any individual person associated with HCA.
6. The Client's right of withdrawal is excluded, unless otherwise agreed.
7. If the Agreement is entered into by more than one Principal, each Principal shall be individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
1. The Agreement is entered into for a definite period, unless the content, nature or scope of the assignment implies that it is entered into for an indefinite period. The duration of the Agreement depends in part on external factors including, but not limited to, the quality and timely delivery of information obtained by HCA from the Client.
2. Both the Client and HCA may dissolve the Agreement on the basis of an attributable failure in the fulfillment of the Agreement if the other party has been given written notice of default and has been given a reasonable period of time to fulfill its obligations and it still fails to fulfill its obligations correctly. This also includes the Customer's payment and cooperation obligations.
3. Dissolution of the Agreement shall not affect the Customer's payment obligations insofar as HCA has already performed work or provided services at the time of dissolution. Client shall pay the agreed remuneration.
4. The Agreement is terminable by the end of the month. The notice period is one month.
5. In the event of premature termination of the Agreement, the Client shall owe HCA the actual costs incurred up to that time at the agreed (hourly) rate. HCA's timesheets are leading in this respect, unless otherwise agreed.
6. Both the Client and HCA can terminate the Agreement in full or in part in writing with immediate effect without further notice of default in the event that one of the parties is in suspension of payments, bankruptcy is applied for or the company concerned ends by liquidation. If a situation as mentioned above occurs, HCA will never be obliged to refund monies already received and/or compensation for damages.
1. HCA shall endeavor to perform the agreed Service with the utmost care as may be required of a good service provider. HCA guarantees a professional and independent service. All Services shall be performed on the basis of an obligation of effort, unless a result has been explicitly agreed upon in writing and described in detail.
2. The Agreement under which HCA performs the Services shall guide the scope and extent of the Services. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
3. The information and data provided by the Client are the basis on which the services offered by HCA and the prices are based. HCA has the right to adjust its services and its prices if the information provided turns out to be incorrect and/or incomplete.
4. In performing the Services, HCA is not obliged or required to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the directions result in further work for HCA, the Client shall be obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
5. HCA is entitled to engage third parties for the performance of the Services at its discretion.
6. If the nature and duration of the assignment so require, HCA will keep Client informed of progress in the interim through the agreed manner.
7. The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may affect any established planning. At no time is HCA liable for the adjustment of the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all requested information or has not provided it in time, or not in the desired format, does not cooperate sufficiently, any advance payment has not been received in time by HCA, or there is a delay due to other circumstances, which are for the account and risk of the Client, HCA is entitled to a reasonable extension of the (delivery) period. All damages and additional costs resulting from delay due to a cause as mentioned above will be at the expense and risk of the Client.
1. The Client is obliged to provide all information requested by HCA as well as relevant attachments and related information and data in time and/or before the commencement of the provision of services and in the desired form for the correct and efficient execution of the Agreement. Failing this, HCA may be unable to achieve full execution and/or delivery of the Agreement. The consequences of such a situation shall at all times be at the expense and risk of the Client.
2. HCA is not obliged to check the accuracy and/or completeness of the information provided to it or to update Client regarding the information if it has changed over time, nor is HCA responsible for the accuracy and completeness of the information compiled by HCA for third parties and/or provided to third parties under the Agreement.
3. HCA may, if necessary for the execution of the Agreement, request additional information. Failing this, HCA is entitled to suspend its work until the information has been received, without being liable to pay any compensation for any reason whatsoever to the Client. In case of changed circumstances, the Client must notify HCA immediately, or no later than 3 working days after the change has become known.
4. Prior to entering into the Agreement, Client shall provide all relevant information, including but not limited to the job grade, job requirements, working hours, hours of work, duties, place of work, working conditions, and intended duration of the assignment and other cost allowances and allowances if requested.
5. HCA always performs its Services within the framework of an obligation of effort and is obliged to make every effort to recruit and select Candidates with the greatest possible care for the Services requested by the Client. In providing Candidates, HCA will at all times give priority to the wishes and requirements of the Client, but cannot guarantee that the Candidates it provides will at all times meet the wishes and expectations of the Client.
6. The Client is obliged to inform HCA in advance, but in any case without delay, of any changes in its terms and conditions of employment, so that HCA can implement these changes in respect of the Candidates it supplies, insofar as this is required by any statutory regulation. In that case, HCA is entitled to adjust its rates to the new terms of employment as of the date of the change.
1. If during the execution of the Agreement it appears that the Agreement needs to be adjusted, or at the request of the Client further work is necessary to achieve the desired Service of the Client, the Client is obliged to pay for this additional work according to the agreed rate. HCA is not obliged to comply with this request and may require the Client to conclude a separate Agreement and/or refer to an authorized third party for this purpose.
2. If the additional work is the result of HCA's negligence, HCA has made a wrong estimate or could have reasonably foreseen the work in question, these costs will not be passed on to the Client.
Article 9 - Prices and payment
1. Client shall owe HCA the agreed upon fee upon placement of a Candidate unless otherwise agreed upon.
2. All prices are in principle exclusive of sales tax (VAT), unless otherwise agreed.
3. HCA shall perform its services in accordance with the agreed hourly rate. The cost of the work shall be calculated in arrears on the basis of the time sheets prepared by HCA (subsequent calculation), unless otherwise agreed.
4. Travel time on behalf of Client, and travel related expenses will be charged to Client.
5. Client is obliged to fully reimburse the costs of third parties used by HCA after Client's approval unless expressly agreed otherwise.
6. The parties may agree that the Client should pay an advance. If an advance payment has been agreed upon, the Client must pay the advance payment before the performance of services is commenced.
7. The Client cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.
8. HCA is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the Agreement shall only be possible if and insofar as they are expressly stipulated in the Agreement.
9. If there are any changes in laws and regulations and these changes result in additional costs for HCA, these costs will be passed on to Client, even if these changes occur during the Agreement with Client.
10. Client shall pay these charges in a lump sum, without setoff or suspension, within the specified payment period of no later than 30 days as stated on the invoice to the account number and details of HCA made known to her.
11. The parties may agree that Client will pay the amount due into HCA's g-account.
12. Complaints against the amount of the invoice must be received in writing by HCA within 7 calendar days after the invoice date of the relevant invoice. Complaints do not suspend the Client's payment obligation.
13. In case of (involuntary) liquidation, insolvency, bankruptcy or petition for payment against Client, the payment and all other obligations of Client under the Agreement shall become immediately due and payable.
1. When Client fails to fulfill her payment obligation, and has not fulfilled her obligation within the specified payment period, Client is legally in default.
2. From the date that the Client is in default, HCA will be entitled, without further notice of default, to statutory commercial interest from the first day of default until full payment, and compensation of extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated in accordance with the graduated scale from the Decree on Compensation for Extrajudicial Collection Costs of July 1, 2012.
3. If HCA has incurred more or higher costs which are reasonably necessary, these costs shall be eligible for reimbursement. Also the integral incurred judicial and execution costs are for the account of Client.
Article 11 - Privacy, data processing and security
1. HCA will handle the (personal) data of Client with care and will use them only in accordance with the applicable standards. If requested to do so, HCA will inform the person concerned.
2. Client is solely responsible for the processing of data processed using a Service of HCA. Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, Client shall indemnify HCA against any (legal) claim related to these data or the execution of the Agreement.
3. If the Agreement requires HCA to provide security of information, such security will meet the agreed specifications and a level of security that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.
1. HCA has the right to retain data, data files and more received or realized by it if the Client has not yet (fully) fulfilled its payment obligations. This right remains unaffected if a valid reason for HCA arises which justifies suspension in that case.
2. HCA is authorized to suspend the fulfillment of its obligations as soon as Client is in default with the fulfillment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will immediately be confirmed to the Client in writing.
3. In such a case, HCA shall not be liable for damages, on any account, as a result of the suspension of its work.
4. The suspension (and/or dissolution) shall not affect the Client's payment obligations for work already performed. In addition, Client is obliged to compensate HCA for any financial loss suffered by HCA as a result of Client's default.
Article 13 - Force majeure
1. HCA is not liable if it cannot fulfill its obligations under the agreement due to a force majeure situation.
2. Force majeure on the part of HCA shall include, but not be limited to: (i) force majeure of suppliers of HCA, (ii) failure to properly fulfill obligations of suppliers prescribed or recommended to HCA by Client or its third parties, (iii) defectiveness of software or any third parties involved in the performance of the service, (iv) government measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of employees of HCA or advisors engaged by it, and (vii) other situations which in the opinion of HCA are beyond its control that temporarily or permanently prevent the performance of its obligations.
3. In case of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred prior to the dissolution of the Agreement shall in that case be paid by the Customer. HCA is not obliged to compensate Client for any losses caused by such dissolution.
1. Under no circumstances is HCA liable if the Candidates selected and/or made available by it do not meet the Client's expectations, unless the Client has made these expectations known to HCA prior to the Agreement and HCA has explicitly promised the result intended by the Client.
2. If there is an attributable shortcoming by HCA, HCA shall only be liable to pay any compensation if the Client has given HCA notice of default within 14 days of discovery of the shortcoming and HCA has subsequently failed to remedy this shortcoming within a reasonable period. The notice of default must be in writing and contain such an accurate description/substantiation of the deficiency as to enable HCA to respond adequately.
3. If the performance of Services by HCA leads to liability of HCA, such liability is limited to the total amount invoiced under the Contract, but only with respect to the direct damage suffered by the Client unless the damage is the result of intent or recklessness bordering on intent on the part of HCA. Direct damage is understood to mean reasonable costs incurred to limit or prevent direct damage, the determination of the cause of damage, the direct damage, the liability and the manner of recovery.
4. In any event, HCA's liability shall be limited to the maximum amount paid by its insurance company per occurrence per year.
5. HCA expressly excludes all liability for consequential damages. HCA is not liable for consequential damage, indirect damage, trading loss, loss of profits and/or losses suffered, missed savings, damage due to business stagnation, asset losses, delay damage, interest damage and immaterial damage.
6. HCA is not liable for damage caused by the Candidates selected and/or made available by it at Client or to third parties.
7. HCA shall not be liable to the Client and shall not be obliged to compensate any damage if the contacts between the Client and HCA prior to a possible assignment, including a concrete request by the Client to provide a Candidate, do not lead to the actual provision of a Candidate for whatever reason or not within the period desired by the Client.
8. Client shall indemnify HCA for all third party claims resulting from a defect as a result of a service provided by Client to a third party that consisted in part of Services provided by HCA, unless Client can prove that the damage was caused solely by HCA's Service.
9. If a third party is engaged by or on behalf of Client, HCA shall never be liable for the actions and advice of the third party engaged by Client as well as the incorporation of results (of drafted advice) of the third party engaged by Client into HCA's own advice.
10. HCA does not guarantee the correct and complete transmission of the content of and e-mail sent by/on behalf of HCA, nor its timely receipt.
11. All claims of the Client due to shortcomings on the part of HCA will lapse if they have not been reported to HCA in writing with reasons within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, HCA's liability expires.
1. HCA and Client undertake to keep confidential all confidential information obtained in the context of an assignment/Agreement. Confidentiality arises from the assignment and must also be assumed if confidential information can reasonably be expected. Confidentiality shall not apply if the information in question is already public/general knowledge, the information is not confidential, and/or the information was not disclosed to HCA during the Contract with the Client and/or was otherwise obtained by HCA.
2. In particular, confidentiality relates to advice, reports, designs, working method(s) and/or reports drawn up by HCA concerning the Client's assignment. The Client is expressly forbidden to share the contents thereof with employees who are not authorized to take cognizance thereof and with (unauthorized) third parties. Furthermore, HCA will always exercise due care in handling all business-sensitive information provided by the Client.
3. If, on the basis of a statutory provision or a judicial decision, HCA is obliged to (communicate) confidential information to a third party designated by the law or a competent court or indicated third party and HCA cannot invoke a right to privilege, HCA is not obliged to pay any compensation and the Client has no ground for dissolution of the Agreement.
4. The transfer or distribution of information to third parties and/or publication of statements, opinions or productions provided by Client to third parties shall require the written consent of HCA, unless such consent is expressly agreed upon in advance. Client shall indemnify HCA for all claims by such third parties resulting from reliance on such information disseminated without HCA's written consent.
5. The obligation of confidentiality shall also impose on HCA and Client the third parties to be engaged by them.
6. For violation of this provision, Client shall be punished with an immediately payable fine of €10,000 and an immediately payable fine of €1,000 for each day that this violation continues, without prejudice to the right to claim damages.
1. The Client itself is responsible for the accuracy, reliability and completeness of all data, information, documents and/or records, in any form whatsoever that it provides to HCA in the context of an Agreement, as well as for data obtained from third parties and provided to HCA for the purpose of performing the Service.
2. Client shall indemnify HCA from any liability as a result of failure to comply with the obligations regarding the timely provision of all accurate, reliable and complete data, information, documents and/or records.
3. The Client shall indemnify HCA for all claims of the Client and third parties engaged by it or working under it, as well as of clients of the Client, based on the failure to obtain (in a timely manner) any consents required within the framework of the execution of the Agreement.
4. The Client shall indemnify HCA for all claims of third parties arising from the work performed for the Client, including but not limited to intellectual property rights on the data and information provided by the Client that can be used in the execution of the agreement and/or the actions or omissions of the Client towards third parties.
5. If Client provides electronic files, software or information carriers to HCA, Client guarantees that they are free of viruses and defects.
6. Client shall indemnify HCA against all claims arising from mistakes made by the Candidates provided. Client will make its own arrangements with the Candidates provided by HCA regarding any necessary insurance. The latter is strongly recommended by HCA.
Article 17 - Prohibition of direct approach to Candidates.
1. Client is prohibited from directly approaching or otherwise engaging HCA's Candidates without HCA's prior written consent and reasonable monetary compensation for that purpose from the time HCA has recruited and selected the Candidates on Client's behalf, during and for up to one year after the expiration of the Agreement.
2. Also in case of on-lending of Candidates by Client to third parties, Client shall comply with the already made acquisition agreements with HCA, and obtain prior approval.
3. If this is violated, Client shall owe an immediately payable penalty of €5,000 with a penalty of €500 for each day that the violation continues.
4. The above prohibition does not apply if it is explicitly excluded in the Agreement between Client and HCA.
Article 18 - Complaints
1. If the Client is not satisfied with HCA's Services or otherwise has complaints about the performance of its assignment, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant occasion that led to the complaint. Complaints may be reported verbally or in writing at info@hca.nu with the subject line "Complaint".
2. The complaint must be sufficiently substantiated and/or explained by Client for HCA to consider the complaint.
3. HCA will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4. The parties will try to reach a solution jointly.
1. The legal relationship between HCA and Client is governed by Dutch law.
2. HCA has the right to modify these general terms and conditions and will notify Client accordingly.
3. In case of translations of these general terms and conditions, the Dutch version shall prevail.
4. All disputes arising from or as a result of the agreement between HCA and Client shall be settled by the competent court of the District Court of Rotterdam unless provisions of mandatory law designate another competent court.
PART II ADDITIONAL CONDITIONS OF POSTING
1. HCA will use its best efforts to ensure that the Candidate is available for the duration of the Agreement entered into with HCA. However, HCA does not guarantee that the Candidate will be available for the full term of the Agreement. Client accepts that, with reasonable notice, a Candidate may be replaced. In the event of replacement of a Candidate, HCA will use its best efforts to replace the Candidate with a Candidate who has comparable training, knowledge, experience and ability.
2. The Work to be performed will take place under the instructions of the Client, with the Candidate performing Work as a self-employed person with complete independence. If and insofar as the Work to be performed by the Candidate is not part of the position for which the Candidate has been made available, the exact content of the Work must be determined before the commencement of the Agreement.
3. Client is required to actively educate the Candidate regarding the Risk Inventory and Evaluation (RIE) and general safety standards used within its company.
4. Client is responsible to Candidate and HCA for compliance with the Working Conditions Act and related regulations resulting from it in the area of workplace safety and good working conditions in general.
5. Client shall have the correct and relevant company certifications at all times. If Client fails to meet the foregoing obligation, HCA is entitled to suspend or refuse the provision of Candidates, reserving the right to pass on to Client the costs it has incurred.
6. All Candidates provided by HCA have the relevant work experience, necessary diplomas and certificates.
7. HCA will not provide Candidates with personal protective equipment and will not be responsible for it unless expressly agreed upon.
1. For Work performed by Candidates outside normal working hours and Work on holidays and weekends, a surcharge will be charged, as further specified in the quotation.
2. If HCA or Candidate incurs expenses at Client's location, including but not limited to parking costs, Client shall at all times be required to reimburse them. Such costs will be passed on at the next billing time.
3. Invoicing will take place on the basis of time sheets provided by HCA or by the Client. The Client must approve these forms in good time, after which monthly invoicing will take place, unless otherwise agreed. If the Candidate's travel to the location of the Assignment in question is more than 30 kilometers from HCA's business address, the travel expenses shall be borne by the Client. Travel costs amount to 0.19 cents per kilometer and will be calculated on a post-calculation basis, after which they will be invoiced together with the established hours. If the travel time exceeds 30 minutes, travel hours in the amount of the agreed hourly rate will be charged in addition to the travel costs per kilometer.
1. The Client is responsible for providing the necessary items to allow the Candidate to perform the work properly. Client is also responsible for creating and maintaining a safe working environment such that the Candidate is safeguarded, to the extent that can reasonably be expected in connection with the nature of the work. Client is liable for any resulting damages.
2. The Client bears an independent duty of care in carrying out the assignment on its own premises. This implies that the Client is at all times obliged vis-à-vis HCA, as well as the Candidates provided by HCA, to equip and maintain the rooms, materials and more, in which or with which the Candidates perform Work, to the extent required by the nature of the work. In addition, during the performance of the Work on location, the Client is obliged to provide the Candidates with the necessary instructions in order to guarantee an adequate and safe working environment. If the Client breaches its duty of care, it is liable to HCA for all direct damage suffered by the Candidates appointed by HCA as a result in the performance of their duties or Work. The Client shall only not be liable insofar as proof is provided that the non-performance is due to force majeure, or gross negligence of the Candidates.
3. If an accident occurs in which one of the Candidates provided by HCA is involved during the performance of the Work on behalf of the Client and suffers physical damage as a result, the Client is obliged to inform HCA immediately. In doing so, the Client must in any event state the time, nature and consequences of the accident. The aforementioned provision also applies if the Candidate has to travel as part of his/her Work during the Assignment. While making a journey other than that agreed upon, the Client shall be liable for any damage incurred during the transportation of Candidates to and from that location and during his/her journey. Client is advised to take out group passenger insurance for this purpose.
4. If, as a result of the Client's failure to fulfill its obligations, a Candidate is injured in the performance of the Work to such an extent that death results, the Client shall be liable to compensate the surviving spouse, children or parents of the deceased person who are supposed to be supported by his employment/work, unless the Client proves that such failure was due to force majeure or death was largely due to gross negligence on the part of the Candidate himself.
5. Unless otherwise agreed, Client is obliged to take out adequate insurance for the Candidates provided by HCA. Client is also obliged to pay the premiums due in full and in a timely manner at all times.
1. Client shall indemnify HCA against all claims arising from errors and/or damages of the posted Candidates. Client shall make its own arrangements with the provided Candidates regarding any damages caused to Client.
2. HCA is not liable for damages suffered by Client as a result of errors made by Candidates provided by it.
3. Client shall indemnify HCA from all claims by Candidate or third parties, including direct damage, indirect damage and consequential damage, resulting from the failure to fulfill the Client's obligations.
4. Client guarantees that all locations, equipment and/or tools in which or with which the Candidate performs work are furnished and maintained in such a manner and that it provides such instructions to the Candidate as are reasonably necessary to prevent the Candidate from suffering damage in the performance of her work. Client shall indemnify HCA for all claims for compensation of damages of Candidates based on non-compliance with this duty of care resting on Client pursuant to Article 7:658 of the Dutch Civil Code, or any other legal or contractual basis, including in any case claims pursuant to Article 7:611 and 6:162 of the Dutch Civil Code.
1. In principle, Client is only entitled to suspend the employment of Candidates if Client proves in writing that (temporarily) no work is available or the Candidate cannot otherwise be employed by Client, if this has been expressly agreed upon in writing.
2. If the Client is not entitled to temporarily suspend employment, but the Client temporarily has no work for the Candidate or is unable to employ the Candidate, the Client shall owe HCA the agreed rate for the duration of the Assignment, calculated on the number of hours and overtime hours most recently applicable or usual for each period pursuant to the assignment, unless otherwise agreed.
Rotterdam, April 13, 2021.
