Terms and conditions

13 Mar 2018

Article 1 Definitions

In these general terms and conditions, the following definitions apply:

1.1
ngrane’it V.O.F .: registered with the Chamber of Commerce in Amsterdam, KvKnr 69605599;

1.2
Client: the natural or legal person to whom a tender is addressed by ngrane’it, to whom is made available by ngrane’it personnel and / or with whom ngrane’it enters into an agreement;

1.3
Candidate: any person who does or does not register in the exercise of a profession or company and / or applies for a job at ngrane’it and / or contracts with ngrane’it with the aim of being seconded and / or mediated;

1.4
Secondment: the lending of a Candidate of ngrane’it by the Client for a definite period or for the duration of a project against previously agreed conditions.

Article 2 Applicability

2.1
These general conditions apply to all offers made by ngrane’it and concluded agreements. These conditions are provided to the Client at the same time as the offer.

2.2
The applicability of own general terms and conditions of the Client (s) is excluded.

2.3
Deviating from these general terms and conditions and / or supplementary provisions only apply if agreed in writing with ngrane’it.

2.4
The agreed deviations and / or additions as referred to in paragraph 3 of this article shall be deemed to have been agreed only for the agreement to which they relate. For each new or successive agreement, deviation from these general terms and conditions must be agreed again in writing.

Article 3 Secondment

3.1
Every assignment to Secondment will be confirmed to the Client by means of a written agreement (including the applicability of these conditions).

3.2
The Principal owes ngrane’it the client rate if a Candidate proposed by ngrane’it to the Client or its affiliated company enters into employment or otherwise, directly or indirectly, whether or not via third parties or for its own account, works at the Client or affiliated companies .

3.3
The hourly rates for the provision of (freelance) professionals by ngrane’it are exclusive of turnover tax, but incl. Employer’s charges, unless agreed otherwise. The Client shall provide full information regarding the remuneration applicable to the Client. If ngrane’it receives a fine due to erroneous statement of this hirer’s remuneration by the Client, the costs of the penalty are fully at the expense of the Client (including any consequential damages for ngrane’it).

3.4
Tariffs are only made on the basis of the rates and taxes applicable at the time of the declaration.

3.5
Unless the Client has filed a written objection before the commencement of the assignment or within eight days after the sending of the agreement, the agreement shall be deemed to correctly and completely reflect the agreements.

3.6
The Client is not permitted to disclose details of candidates proposed by ngrane’it to third parties without the prior written consent of ngrane’it. In the event of violation of this article, ngrane’it can immediately claim a fine of € 12,000 in addition to the claim for full compensation from the Client.

3.7
For the progress of the project or the assignment, the professional records a weekly schedule. The Client is obliged to ensure that the number of hours worked, overtime and leave hours are correct and clear and signs the timesheet for approval. The Client is responsible for the signing authority of its personnel and accepts the responsibility for the signing of the reports.

3.8
Invoicing takes place on the basis of subsequent calculation of the number of hours worked. The periodic invoices of ngrane’it have been compiled using the progress reports signed by the Client. Expenses incurred by employees of ngrane’it and that are not specified in the agreement are for the account of the Client.

3.9
For damage, for which the civil liability insurance taken out by ngrane’it does not provide cover, ngrane’it can never be held liable.

3.10
The client indemnifies ngrane’it for claims of third parties with regard to an assignment, for whatever reason.

3.11
Both parties are entitled to cancel the agreement immediately in the event that one of the parties is in a state of bankruptcy or suspension of payment. In this case settlement takes place on the basis of the status of the assignment and the costs incurred.

3.12
The Client who intends to enter into an employment relationship with the employee shall notify ngrane’it of this in writing in good time before he implements this intention.

3.13
The Client will not enter into an employment relationship with an employee as long as the agreement between the employee and ngrane’it has not been validly terminated.

3.14
For the application of this article, entering into an employment relationship with an employee means: entering into an employment contract, an agreement to accept work and / or an agreement of assignment by the Client with the employee for the same or other work; Appointing the employee as an official for the same or other work; Making the relevant employee available to the Client by a third party (for example a different secondment company) for the same or other work; Engagement of an employment relationship by the employee with a third party for the same or other work, whereby the Client and that third party are affiliated in a group or the one is a subsidiary of the other.

Article 4 All agreements

4.1
Payments are made within fourteen days of the invoice date.

4.2
Any objections must be submitted in writing to ngrane’it within eight days of the invoice date. After this period, the Client is deemed to have accepted his payment obligation.

4.3
In the event that the term of payment is exceeded, the Client will owe default interest of 1.5% per month to ngrane’it, calculated from the exceeding of the payment term until the day of full payment. The client is obliged, in addition to any costs of legal proceedings, to pay 15% of the outstanding invoice amount to ngrane’it due to (extra) judicial collection costs.

4.4
If the Client has not, not in time or only partially fulfilled his payment obligation or any other provision of the agreement, as well as if the Client seized on his goods, applies for suspension of payments or if his bankruptcy is requested, the total amount is ngrane. the amount owed – irrespective of earlier agreements regarding the payment term – immediately due and payable. Client is in default in these cases without notice of default.

4.5
ngrane’it is always entitled, before (freelance) professionals to make available or continue with a provision made available once, to demand sufficient security for the fulfillment of the payment obligations of the Client.

4.6
If the requested security is not provided or is provided in an inadequate manner, ngrane’it has the right to dissolve the agreement in whole or in part without judicial intervention, without prejudice to the right to payment of what is due at the termination of the agreement on grounds of ngrane’it already provided (freelance) professionals and / or costs incurred.

4.7
All disputes arising from the agreements concluded between ngrane’it and Client (s) and the related present general terms and conditions, or relating to them wholly or in part, are governed by Dutch law. They are settled by a competent judge.