These general and user terms and conditions apply to the use of the ClickCare platform (www.clickcare.be) and application (The App), a service provided by ClickCare Interim BV.
ClickCare Interim aims to offer a platform where users can connect with each other by posting, consulting, and confirming work assignments, whereby, in the event of an agreement, an employment contract for temporary agency work is established.
These general and user terms and conditions set out the rules regarding the use of ClickCare, as well as the terms of cooperation applicable when an effective collaboration is established.
The user must read these general and user terms and conditions carefully before registering and using ClickCare Interim. By installing and using the Application or the platform, you acknowledge that you have read and understood the general and user terms and conditions, and you automatically, irrevocably, and unconditionally agree to these general and user terms and conditions, including the privacy policy. These general and user terms and conditions do not affect any other general or special conditions that ClickCare Interim may set regarding its services and products.
Any exception to the general and user terms and conditions is valid only if agreed upon and established in writing.
ClickCare Interim reserves the right to exclude users who do not comply with the general and user terms and conditions from further use of ClickCare Interim. In such a case, ClickCare Interim will block the user account.
ClickCare Interim: ClickCare Interim BV, with registered office at Posthofbrug 6, 2600 Antwerp, registered in the CBE (KBO) under number BE 1033.231.330, which operates the platform.
ClickCare or “Platform” or “App”: the digital platform, the website (www.clickcare.be), application, and associated services through which users connect with each other.
The App serves to directly link Candidate-users to open shifts with Client-users, for use on Apple iOS and Android OS devices, including all information and documentation associated with the App that enables its use.
Platform: the current and future versions of the platform “www.clickcare.be”, made available by ClickCare Interim BV (ClickCare Interim), with registered office at Posthofbrug 6/8, 2600 Berchem, Belgium, enterprise number 1033.231.330.
The platform serves to directly link Candidate-users to open shifts with Client-users of ClickCare, including all information and documentation associated with the platform that enables its use.
User: every Client-user or Candidate-user.
Client-user: every natural or legal person who has registered with a view to posting assignments via ClickCare to select and employ Candidate-users via ClickCare Interim with an employment contract for temporary agency work. For this purpose, they use the platform or a mobile device on which the App is installed or utilize the App in any other manner.
Candidate-user: every person who has registered and whose registration has been confirmed by ClickCare Interim, with a view to finding assignments with Client-users in Belgium in order to be employed—upon acceptance—via ClickCare Interim with an employment contract for temporary agency work. For this purpose, they use the platform or a mobile device on which the App is installed or utilize the App in any other manner.
ClickCare is a platform on which Client-users and Candidate-users can connect with each other by posting, consulting, and confirming work assignments. As soon as Users agree on the performance of a work assignment, the employment contract, remuneration, and invoicing will also be drawn up by ClickCare Interim. Employment always takes place under the conditions of temporary agency work and the applicable legislation.
These general and user terms and conditions have been drawn up in accordance with current legislation, namely the Act of 24 July 1987 on temporary work, temporary agency work, and hiring out of workers for the benefit of users, including the applicable Collective Labour Agreements (CLAs/CAO's) of the National Labour Council (NAR/CNT) and of Joint Committee (PC/CP) 322 for temporary agency work. Temporary agency workers are made available under the conditions agreed upon in the request and are laid down in these general and user terms and conditions, which form an integral part of the agreement concluded between the User and ClickCare Interim and which are drawn up in accordance with the Act of 24 July 1987. Any deviation from these general terms and conditions must be agreed upon in writing.
Upon registration with ClickCare, the User sets a password for the use of their user account. The User is obliged to use their user account exclusively themselves and to keep their password confidential. The User is liable for all actions performed using their user account, unless the User is the victim of demonstrable misuse of their user account. As soon as the User is aware, or should have been aware, that third parties have access to their data or have otherwise gained access to their user account, they must report this immediately to ClickCare Interim at info@clickcare.be. ClickCare Interim is authorized to block the user account until the situation is clarified.
ClickCare (the App and the Website) is made available to you free of charge for personal, non-commercial use. You shall not, nor permit third parties on your behalf to: (i) make and distribute copies of the App; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, decompile, transfer, exchange, translate, or create derivative works of any kind from the App or parts thereof.
Registration: to use ClickCare (the Website and the App), you must register using your email address. An internet connection is required to use the App and load assignments.
Personal and fair use: only the registered User may use their profile and hereby declares that all information provided to us and our partners via ClickCare is completely truthful and kept up-to-date at all times. It is prohibited to use incorrect or misleading information in ClickCare. A breach of this prohibition may cause serious damage to ClickCare Interim.
No unlawful use: It is strictly prohibited to use information made available via ClickCare, including the protected database of ClickCare Interim, for commercial purposes (whether competing or not), such as, but not limited to, mailings and the creation of databases, without prior written permission from ClickCare Interim.
You may not use ClickCare in a manner that conflicts with the law or may harm the interests of ClickCare Interim, and you accept that you may be held personally liable for your use of ClickCare.
Termination of registration: ClickCare Interim has the right to terminate your account upon any breach of the terms of use or any other use that may directly or indirectly harm ClickCare Interim. This does not affect ClickCare Interim's right to recover any damages resulting from unlawful use from the User.
No-shows: ClickCare Interim operates a zero-tolerance policy for no-shows. If the candidate-user fails to show up, ClickCare Interim reserves the right to block the app, whether temporarily or permanently.
Rating system: Within the scope of using the App, feedback is requested from both the Client-user and the Candidate-user regarding the performed (or to be performed) services, based on a star rating system (1 to 5 stars) and an optional short description of the experience with the Client-user or Candidate-user. This description is not visible to Client-users and Candidate-users and is used solely for internal purposes.
The Client-user and the Candidate-user undertake to provide the proposed feedback objectively and correctly, and to refrain from using offensive language when reviewing the employment. Both the Client-user and the Candidate-user may report inappropriate feedback or improper use of the App's feedback feature by contacting ClickCare Interim via info@clickcare.be. ClickCare Interim will, at a minimum, temporarily remove the feedback and initiate an investigation into the alleged inappropriate or improper use of the App.
If such misuse or inappropriate use is established, ClickCare Interim may take a decision, including, but not limited to, removing the feedback or banning the offender from further use of the App. ClickCare Interim has discretionary authority in its assessment and always retains the final decision.
The obligations of the client-user towards the temporary employment agency ClickCare Interim are set out in the General Terms and Conditions for the Provision of Services, found under Part II of these conditions.
The App and the platform are made available to the Candidate-user free of charge for personal, non-commercial use. The Candidate-user shall not, nor permit third parties on their behalf to: (i) make and distribute copies of the App; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, decompile, transfer, exchange, translate, or create derivative works of any kind from the App or parts thereof.
A Candidate-user is responsible for obtaining and maintaining the necessary electronic documents to be permitted to work in Belgium. The Candidate-user must possess a valid NISS (INSZ) number or a valid BIS number. In the case of a valid BIS number, the candidate must contact ClickCare Interim via info@clickcare.be in order to apply via the Candidate application. If it appears that the Candidate-user does not possess the necessary documents to work in Belgium, despite having indicated otherwise during registration, ClickCare Interim will immediately block the user.
The Candidate-user is solely responsible for the accuracy of the information provided to ClickCare and ClickCare Interim.
The following fields are mandatory for the use of the App:
The following additional fields and data are mandatory in order to accept an assignment:
Identity-related data to ensure that a contract can and may be legally drawn up for the candidate-user under various scenarios:
After registering the profile, the Candidate-user can browse available assignments and apply for assignments posted by Client-users.
The Client-user decides which Candidate-user is selected for an assignment. Once an assignment is confirmed by both parties, it becomes visible on the platform as a scheduled assignment.
For certain assignments or employments, the Candidate-user may be asked to digitally review, confirm, or sign additional documents, including among others:
The employment contract for temporary agency work is made available electronically prior to the start of the assignment.
The registration, monitoring, and processing of hours worked are conducted digitally via the platform.
The recorded performances are made available digitally via the platform. The Candidate-user may report any disputes or corrections regarding hours worked by the Monday following the week in which the services were rendered at the latest. In the absence of a timely dispute, the performances are deemed to be correctly and definitively accepted.
In accordance with Article 10 of the Act of 24/07/1987, the Candidate-user is entitled to the same gross salary, including indexations and conventional increases, bonuses (including pension premiums), meal vouchers, eco-vouchers, and other wage components as if they were employed directly by the Client-user on a permanent basis.
ClickCare Interim displays an estimate of the expected gross remuneration for the proposed assignment with the Client-user during the use of the App. The wage visualization is calculated based on fixed parameters and variable factors. Consequently, depending on the actual situation, the final remuneration may differ from the displayed estimate.
The wage visualization is based on a number of fixed parameters and variable factors, including work schedules, actual hours worked, applicable premiums and allowances (such as evening, night, weekend, and public holiday allowances), meal and eco-vouchers, travel allowances, and other wage components in accordance with applicable legislation and collective labour agreements. As a result, depending on the actual situation, the final remuneration may deviate from the visualized estimate.
The balance and the underlying payslip will be transferred at the latest 10 calendar days after the performance of the assignment.
In the event of a workplace accident involving the Candidate-user, the Candidate-user is requested, after taking all urgent measures, to notify ClickCare Interim immediately and provide all necessary information for drawing up the accident report.
The Candidate-user may only perform work as specified on the workplace sheet (werkpostfiche) or, if no workplace sheet is required, as specified in the job description, the required professional qualification, and the result of the risk assessment. The Candidate-user shall at all times wear the work clothes and personal protective equipment provided and report any defects to the Client-user and/or ClickCare Interim.
In case of any doubt regarding safety or workplace health and safety, as well as if you as a Candidate-user are confronted with an unsafe work situation, you must contact preventie@clickcare.be immediately.
All trademarks, copyrights, database rights, and other intellectual property rights in the App, of whatever nature, together with the underlying software, are the protected property of ClickCare Interim, its licensors, or third parties. The texts, images, trademarks, logos, and other items in the App may not be copied, reproduced, or stored other than as strictly necessary for the normal use of the App.
Any use that does not fall within the limited individual user rights granted by these terms of use is permitted only with the express prior written consent of ClickCare Interim.
If ClickCare Interim offers you the possibility to submit your own contributions to the App, such as photographs, you may not submit works protected by intellectual property rights unless you own those rights or have obtained all necessary permissions from the rights holders. By using such photographs or other materials in the App, you grant ClickCare Interim express permission to use these materials for the purposes of the App. In any event, ClickCare Interim bears no responsibility for the use of such materials, and you indemnify ClickCare Interim against any claims from third parties regarding materials you have used.
ClickCare Interim hereby grants the user a worldwide, non-exclusive, royalty-free, and revocable licence to use the App for personal use in accordance with these terms of use.
ClickCare Interim may terminate the use of the App at any time following prior notification. Upon termination: (i) the rights and licences granted to you under this agreement will terminate; and (ii) you must cease all use of the App.
The information on the App is the result of meticulous research and analysis. ClickCare Interim strives to inform you as accurately and completely as possible. Should the information on the App nevertheless be incomplete or contain errors, please notify us via the following contact details: development@clickcare.be. ClickCare Interim cannot be held liable for this.
Although ClickCare Interim makes every effort to provide high-quality services and products, we cannot guarantee the completeness or accuracy of the information provided, nor that the use of this App or websites linked directly or indirectly is free of viruses and/or other harmful elements. ClickCare Interim is not responsible for any damage resulting from risks inherent in mobile applications of this nature.
ClickCare Interim, its affiliated companies, and subcontractors accept no liability for the unavailability of the App, or for any difficulties or inability to download or access content, technical failures, or any other disruption or defect in communication systems that may result in the unavailability of the Application.
Under no circumstances shall ClickCare Interim be liable for any direct, special, moral, or consequential damages, or damages of any kind arising from your use of or access to the App, except in the case of intentional misconduct or gross negligence on the part of ClickCare Interim. ClickCare Interim is in no event liable for indirect damages.
You use this App entirely at your own risk. ClickCare Interim cannot be held liable for content communicated through the App on behalf of third parties for which the relevant third party is solely and entirely responsible.
For any dispute arising from these terms of use, the use of this App, or the privacy policy, Belgian law shall apply. The courts of the District of Antwerp shall have jurisdiction.
For the App to function properly and correctly, the following minimum system requirements apply:
No link may be established from any website that could cause harm to ClickCare or ClickCare Interim. This includes, among other things, websites that violate legislation, websites with unethical content, etc. This prohibition applies to any form or technique of connection where the name, address, or any other element belonging to ClickCare or ClickCare Interim is included or displayed on another website or application location that harms ClickCare or through which internet visitors are redirected to ClickCare from that website or application location.
In the event that a User or a third party identifies prohibited content or a breach of the general and user terms and conditions, they can notify ClickCare with supporting reasons via the following address: info@clickcare.be. ClickCare Interim will take all complaints seriously and investigate them.
ClickCare Interim may intervene in disputes between users and has the right to remove any content if this material violates the general terms and conditions or is harmful to Users, ClickCare Interim, or a third party. ClickCare Interim has discretionary authority in its assessment and always retains the final decision.
ClickCare Interim has the right to assign all or part of its contractual rights and obligations to a third party without requiring the User's consent and without the User being entitled to claim any compensation in connection with this assignment.
For any dispute arising from these terms of use, the use of this App, or the privacy policy, Belgian law shall apply. The courts of the location of our registered office shall have exclusive jurisdiction.
If you have further questions regarding the use of the App, you can contact us via email (info@clickcare.be).
ClickCare Interim may decide in the future to amend these general and user terms and conditions, for example, but not limited to, in the event of amended legislation or for economic reasons. In such a case, ClickCare Interim will notify users via the Website, the App, and/or other communication channels, and your explicit agreement will be requested. Without express acceptance of the General (User) Terms and Conditions, you will no longer be able to use ClickCare.
Unless agreed otherwise in writing, every provision of services by the Company is governed by these general terms and conditions (hereinafter: ‘General Terms and Conditions’), which consist of:
The General Terms and Conditions form an integral part of every collaboration (hereinafter: ‘Agreement’) between the Company and the Client. Together, these constitute the entire agreement between the parties and supersede all prior arrangements. Any special conditions in the Agreement between the parties take precedence over the General Terms and Conditions. The Client's general terms and conditions are explicitly excluded. The Client shall return a signed duplicate copy for agreement to the Company within 10 calendar days of receiving the Agreement and the General Terms and Conditions. Should the Client fail to do so, any act by the Client that leads to a collaboration, whether directly or indirectly, with the Performer proposed by the Company shall be considered an acceptance of the Agreement and the General Terms and Conditions.
These General Terms and Conditions apply, among other things, when the Client entrusts a request to the Company / the Company proposes a Candidate to the Client either for permanent employment with the Client or to provide services to the Client as a temporary agency worker (hereinafter: the ‘Assignment’).
The Agreement between the Client and the Company commences on the date specified in the Agreement or at the moment the Client performs an act that leads to a collaboration, whether directly or indirectly, with the Performer proposed by the Company, and runs for twelve months calculated from (latest date takes precedence) either the date of the Agreement or the date on which the Client performed a final act leading to a collaboration, unless agreed otherwise in the Agreement. The Agreement is not terminated prematurely by filling a search assignment/vacancy for a specific position with one Performer.
Unless stated otherwise, all prices are expressed in euros and exclusive of VAT and other taxes or levies.
The Company assumes that the services provided via the platform qualify as medical care/health care in accordance with Article 44 of the VAT Code and are, where applicable, exempt from VAT.
If the Client is of the opinion that the services do not fall under this exemption, they must inform the Company thereof in advance and in writing.
The Client bears responsibility for the correct tax qualification of the services.
The Company's invoices are payable upon receipt, net and without discount, unless agreed otherwise in writing.
For payments made other than by bank transfer or direct debit, any collection costs will be charged to the Client.
The Company's invoices are delivered electronically to the Client, either by email in PDF format or via Peppol in XML format. If the Client fails to pay the invoice after the due date of 15 days, the Company has the right to unilaterally suspend the execution of the Agreement until all payments have been made.
In the event of non-payment within the agreed payment term, the invoice amount will automatically and by operation of law, without the need for prior notice of default, be increased with interest at the statutory interest rate for late payments in commercial transactions as defined in the Act of 2 August 2002 on combating late payment in commercial transactions, plus a fixed compensation fee of 15% on the invoice amount, with a minimum of EUR 125.00 and a maximum of EUR 5,000.00.
Any payment terms granted in writing will automatically lapse, and all invoices—including non-overdue invoices—will become immediately due and payable by operation of law from the default of a single invoice, written notice of default, protested bills of exchange or bounced cheques, social security (RSZ/ONSS) summonses, or other indications of dubious solvency of the Client.
Furthermore, the Company reserves the right in such cases to suspend all or part of the Assignment and to demand suitable collateral and/or cash payment from the Client. If the Client refuses to comply, the Company reserves the right to cancel all or part of the Assignment. In that case, the Client is liable by operation of law and without notice of default to pay compensation, the minimum of which is equal to 30% of the unfulfilled portion, without prejudice to the Company's right to prove higher damages and claim compensation therefor.
Partial payments are always accepted under all reservations and without prejudicial acknowledgement.
The Performer is not authorized to collect invoices.
All complaints regarding invoices must reach the registered office of the Company within 15 calendar days of the invoice date by reasoned registered letter. After this period, the complaint is inadmissible and the invoice is deemed accepted.
The Client's ability to suspend payment obligations (plea of non-performance or exceptio non adimpleti contractus) is explicitly excluded, as is the Client's ability to set off mutually owed amounts.
If a discount was agreed upon between the Client and the Company in accordance with the Agreement, or if a credit note is to be granted to the Client on other grounds, this will only be granted if the following cumulative conditions are met:
In accordance with CLA (CAO) No. 38 quater of 14 July 1999, the Act of 12 January 2007 on gender mainstreaming, the General Anti-Discrimination Act of 10 May 2007, and the Anti-Racism Act of 30 July 1981, Performers must not be treated in a discriminatory manner. The Company does not discriminate. The Company selects and proposes Performers on the basis of their competencies and qualifications, and solely considers the Client's objective and genuine job requirements when searching for the right Performer.
The Company will take all reasonable measures to ensure that, during the term of the Agreement, all data provided to it in writing by the Client within the framework of the Agreement, and which the Client explicitly designates as confidential, is used solely within the framework of the Agreement.
Confidential data shall not include data that: (i) has become publicly known other than through a breach by the Company of its obligations under the Agreement; (ii) has been disclosed to the Company by a third party as non-confidential, where the Company believes it is not unlawful to disclose the information; (iii) was developed independently of the Client by the Company, or was already known to the Company prior to disclosure by the Client; (iv) has been disclosed with the Client's written consent; (v) must be disclosed by the Company within the scope of its Assignment/Agreement; and/or (vi) is not explicitly designated in writing as confidential by the Client.
Every Introduction of a Performer by the Company is confidential. Performer data must be treated confidentially by the Client and may not be transferred to third parties, including companies affiliated with the Client, except with the prior written consent of the Company. In the event of a breach of this article, the Client shall pay compensation equal to EUR 10,000.00 per violation, without prejudice to the Company's right to claim higher damages in the event of proven greater loss.
The Client is prohibited from disclosing the Agreement, including the rates, to third parties (also including companies affiliated with the Client), except with the written consent of the Company.
The Client is free to enter into direct agreements with the Performer regarding the confidentiality of proprietary information or the processing of personal data obtained by the Performer during their assignment with the Client. In the event of a breach by the Performer, the Company can under no circumstances be held liable by the Client.
The Client acknowledges that all commitments undertaken by the Company towards the Client under the Agreement and these General Terms and Conditions are best-effort obligations (middelenverbintenissen) and not performance/result-guaranteed obligations (resultaatsverbintenissen). The Company is liable only if the Client proves that the Company failed to fulfill its obligations under the Agreement as a result of faulty conduct. Any damages shall remain limited to proven direct damage that is the direct and immediate consequence of such faulty conduct by the Company. The Company is in no event liable for indirect damage suffered by the Client. The Company's total liability is in any event limited in accordance with Article II.6 of these General Terms and Conditions.
The Client must report any errors or shortcomings in writing to the Company immediately and no later than 8 calendar days after identifying them. If the Client wishes to exercise any right to compensation, they must notify the Company by registered letter within 6 months of the occurrence of the alleged fault of the Company, on pain of forfeiture of this right.
The Company is not liable for delayed or non-performance of its obligations under the Agreement when the (proper) execution of the Agreement has become difficult due to circumstances beyond the reasonable control of the Company, including, but not limited to: fire, flood, unavoidable accidents, binding government measures, pandemics, force majeure events, etc. Such circumstances suspend the Agreement between the Client and the Company. The Company will make every effort to restore continuity and compliance with its obligations as soon as possible.
The Client waives any non-contractual liability claim against the Company and against the Auxiliary Persons for damages caused by the Company/the Auxiliary Persons, even when the event giving rise to the damage constitutes a tortious act. The Auxiliary Persons may invoke this clause as third-party beneficiaries.
Regarding the Performer: If the Client enters into an employment relationship of any kind with the Performer, directly or via third parties, for the expiration of the established minimum period of working days as provided in Title II in the case of temporary agency work, Article 12 applies.
the entering into an employment contract by the Client with the Performer; having the Performer made available to the Client by a third party (e.g., another temporary employment agency); entering into a service/contracting agreement with the Performer or with a third party that has hired the Performer for this purpose; having the Performer provide services on a freelance/self-employed basis; concluding a training agreement whereby the Performer is trained in the Client's company (e.g., an IBO agreement); entering into an employment relationship between the Performer and a third party, where the Client and that third party belong to the same corporate group, are parent or subsidiary companies of each other, are affiliated or associated companies, share the same legally appointed or de facto directors, or are established at the same address or operational office.
The Client undertakes not to enter into an employment relationship with a permanent employee of the Company or of an enterprise affiliated with the Company. Entering into an employment relationship with an employee includes: entering into an employment relationship with an employee; having the employee made available by a third party; entering into a service agreement with the employee or with a third party that hired the employee; having the employee perform services on a self-employed basis; entering into an employment relationship with the employee by a third party that belongs to the same corporate group, parent or subsidiary company, or shares the same legally appointed or de facto directors, or is established at the same address or operational office as the Client. This provision may only be deviated from with the prior written consent of the Company. If the Client acts in breach of this prohibition during the execution of this Agreement or within a period of 1 year after the end of this Agreement, the Client shall owe the Company compensation of EUR 25,000.00, without prejudice to the Company's right to claim higher damages in the event of proven greater loss.
The parties declare that they fully comply with European and Belgian regulations on privacy and the protection of personal data.
During the term of the Agreement, personal data is regularly exchanged between the Company and the Client. In accordance with the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, transposing and executing European Regulation 2016/679 of 27 April 2016 (hereinafter ‘Privacy Act’), the Company is considered the data controller for the processing of the Performer's data. The Client is likewise considered a data controller for the personal data of the Performer, its own employees, or employees of external companies that it processes under its own responsibility and legal bases. The Company and the Client are obliged to process this personal data in accordance with the Privacy Act and related legislation.
The Company may not transfer personal data to the Client except in cases provided by law. The Client shall provide the Company with all information on the applicable legal grounds justifying the transfer. In the event of a permitted transfer, the Client is obliged to take the necessary measures to ensure the security of personal data and to comply with the Privacy Act. The Client is responsible for ensuring that personal data is only provided to the Company if and to the extent that the Client is entitled to do so and has obtained any necessary consent from the data subjects. The Client indemnifies the Company against any claim by Performers, staff, employees, or other third parties against the Company in connection with a breach by the Client of this article and reimburses all related costs incurred by the Company.
In its relations with its employees involved in executing the Agreement, the Client will make the necessary contractual arrangements so that these employees are equally bound by this obligation. For the execution of the Agreement with the Client, the Company processes personal data of contact persons of the Client with due care and confidentiality, in accordance with its privacy policy (available at Privacy Policy ClickCare Interim). The Client declares to have read this privacy policy and to be sufficiently informed.
In the event of a breach of this article, the Client shall owe a flat-rate compensation fee of EUR 25,000.00 per violation, without prejudice to the Company's right to claim higher damages in the event of proven greater loss.
If the Client wishes to administer an unpaid test to a Performer prior to concluding an employment contract, the Client is entirely responsible for the correct organization of the unpaid test and the provision of the necessary documentation. The consequences of any reclassification of the unpaid test fall under the responsibility of the Client. The Company is under no circumstances liable for this.
Without prejudice to any right to damages, the Company may terminate the Agreement with immediate effect and without any severance pay:
In the above-mentioned cases, the Client shall owe compensation for ongoing temporary agency employment contracts equal to the amount the Company would have invoiced for the agreed services in the event of full performance of the ongoing temporary agency employment contracts. This compensation will amount to at least EUR 125.00 per calendar day.
A Client who unilaterally and prematurely terminates the Agreement shall pay compensation equal to the amount the Company would have invoiced had the Agreement been fully performed, with a minimum of EUR 125.00 per calendar day per Performer. Such termination is deemed to have taken place in the event of non-compliance by the Client with its statutory obligations or when the Client provides incorrect information upon concluding the Agreement. The Company reserves the right to claim higher compensation corresponding to the actual damage incurred.
If the Client wishes to transfer the Agreement to a third party or is acquired by a third party: (i) prior written consent must be obtained from the Company; and (ii) the Client must ensure that the third party contractually binds itself to the obligations and arrangements set out in the Agreement.
The General Terms and Conditions are always available on the website www.clickcare.be and are stated on every invoice of the Company. Unless agreed otherwise in writing, payment of an invoice from the Company signifies confirmation of receipt and acceptance of the General Terms and Conditions. This also applies to unpaid invoices that have not been protested within the 15 calendar day period.
If any provision of the Agreement or General Terms and Conditions is found to be void, invalid, or unenforceable, this shall not affect the enforceability of the remaining provisions. The invalid or unenforceable provision will be deemed replaced by an alternative valid and enforceable provision that reflects the original intent of the parties as closely as possible, as permitted by applicable law.
Belgian law applies to the Agreement and General Terms and Conditions. In the event of a dispute and/or non-payment, the courts of the District of Antwerp shall have exclusive jurisdiction.
The parties acknowledge that an ordinary electronic signature (such as a scanned signature) or an advanced electronic signature, as defined in Articles 3(10)–3(12) of the eIDAS Regulation, holds the same evidentiary value as a qualified electronic signature.
All clauses intended to survive the duration of the Agreement will remain valid and enforceable after the Agreement ends.
The application of Article 5.85, paragraph 3, Article 5.235, and Article 5.97, Book V of the new Belgian Civil Code is explicitly excluded in the relationship between the Company and the Client.
The Company is entitled to assign the Agreement, in whole or in part, to another (future) entity that is part of the House of HR Group (see https://houseofhr.com/our-solutions), as a result of, among other things, a sale, transfer, merger, consolidation, or any other transfer of all or part of the Company's assets. In addition, the Company is entitled to freely and unrestrictedly assign invoices to any third party within the context of factoring.
The provisions of Title II apply to the extent that the Company's assignment consists of making Performers available to the Client as temporary agency workers in accordance with the Act of 24/07/1987 on temporary work, temporary agency work, and hiring out of workers for the benefit of users. In the event of a conflict between the provisions of Title II and other articles of these General Terms and Conditions, the provisions of Title II shall prevail.
The Company undertakes to make all reasonable efforts to provide suitable Performers to the Client.
The Client undertakes to communicate all information necessary for the execution of the Agreement in writing to the Company at the start of and during the term of the Agreement. Any change relating to a Performer's employment information must be reported immediately and always prior to the start of the assignment to the Company. Without being exhaustive, this applies in particular to: the reason for using temporary agency work and the presence or absence of a trade union delegation; the remuneration conditions of permanent staff, including bonuses and various benefits customary in the Client's enterprise, as well as the granting modalities; the activities, job description, location, workplace, required professional qualifications, risk assessment results, medical surveillance, and personal protective equipment; possible situations of strike, lock-out, or other forms of temporary unemployment; economic unemployment, for which the Client must notify the Company in advance and within statutory deadlines; any workplace accident; the operation of Dimona, for which all information must be provided prior to the start of the assignment; late arrival or absence of Performers; bad weather days (weerverlet); and non-renewal of an assignment. If additional screening, certification, or registration is required for a specific position or employment of a Performer, the Client undertakes to inform the Company immediately and always prior to the start of the assignment. Any costs associated with this are at the Client's expense. The Company is not responsible for the outcome, nor for any delays, complications, or damages that may arise. The Client undertakes to inform the Company of any convictions and pending legal proceedings against the Client relating to health and safety, labour law, or criminal matters that may be relevant to the Company's services and the employment of the Performers.
The Client undertakes to respect at least the contractually agreed hours by providing work and remunerating these hours.
The Client is solely liable for the consequences resulting from the failure, late, insufficient, or incorrect transmission of this information. All corrections, late notifications, and/or resulting costs will lead to supplementary invoicing to the Client. The Client shall indemnify the Company against any third-party claims.
The Company can only make Performers available to the Client for the motives defined in the Act of 24/07/1987: temporary work to replace a permanent employee, temporary increase in workload, exceptional work, or filling a vacancy (instroom/inflow). The Client bears liability for the correct application of motives and deadlines for temporary agency work. The Client shall inform the Company of the applicable motives and any changes thereto. Within the framework of these motives, the Client ensures, where required by law and CLA, the necessary authorizations and notifications regarding the employment of Performers. The Client is solely responsible for the absence or incorrect application of motives, terms, authorizations, and notifications, as well as reporting the number of hiring attempts under the inflow motive. The Client must indemnify the Company against any penalties and/or compensations claimed from the Company for breaches of the law and/or CLA. In the event of an audit or inspection, the Client will provide full cooperation and submit supporting documentation to the Company upon request.
For the inflow motive (instroom), the Client must inform the Company in writing whether a first, second, or third employment attempt is being made to fill the specific job. A Performer who, prior to employment under the inflow motive, resigned from an open-ended employment contract to re-enter the workforce via temporary agency work may be entitled to an employment guarantee of one month. If the Client terminates the contract before the end of this minimum duration, the Client must pay the Performer's wages for the remaining period to the Company, as provided in Articles 28 and 29 of CLA No. 108 of 16 July 2013.
The Client acknowledges that consecutive daily contracts are permitted only if a need for flexibility exists within its enterprise, and that from 01/01/2023, the Client owes a special social security contribution to the RSZ if certain thresholds per Performer per semester are exceeded. The Client is solely responsible for the correct application of consecutive daily contracts. In the event of an audit, the Client will provide full cooperation to the Company and provide the necessary proof of the need for flexibility. The Client cannot recover this special social security contribution from the Company. The Company reserves the right, in the event of misuse of consecutive daily contracts, to recover all costs incurred from the Client in full.
The Client undertakes to cooperate in complying with applicable labour legislation and collective labour agreements.
If a Performer requests more predictable and secure working conditions, the Company will handle this request in accordance with applicable regulations.
The Client undertakes, upon simple request by the Company, to provide the necessary information within a reasonable timeframe to assess this request.
The Client bears responsibility for the correct and non-discriminatory treatment of the Performer within the scope of their employment.
If the Company is held liable or ordered to pay damages as a result of a failure by the Client in this regard, the Company reserves the right to recover all resulting damages in full from the Client.
The Client must provide the Company with the necessary supporting documents in the event of payments for employer-specific costs (kosten eigen aan de werkgever). If a correction must be made following an audit by the tax authorities or the RSZ, the Client bears full liability. Any resulting costs are also at the Client's expense and will be invoiced by the Company.
The Client cannot use the Company's services in the event of temporary unemployment, strike, or lock-out in its enterprise. In such cases, the Client must inform the Company immediately and preferably prior to the Performer's start in writing. The mandatory withdrawal of Performers in these situations does not entitle the Client to any compensation from the Company. The Client cannot report temporary unemployment due to economic reasons when outsourcing to third parties. If the Client does so, standard wages will continue to be paid out and invoiced to the Client by the Company.
In accordance with Article 10 of the Act of 24/07/1987, Performers are entitled to the same gross salary, including indexations and conventional increases, bonuses (including pension premiums), meal vouchers, eco-vouchers, and other wage components as if they were directly employed by the Client. The Client must provide these wage details to the Company. The Client is solely liable for the consequences of failing to provide, providing late, incompletely, or incorrectly this information. All resulting corrections and/or costs will lead to supplementary invoicing to the Client.
During the Performer's assignment with the Client, the Client is responsible, pursuant to Article 19 of the Act of 24/07/1987, for the application of statutory provisions regarding labour regulation and protection applicable at the place of work. It follows that the Client must treat Performers as if they were permanent staff, particularly regarding working hours, reduction of working hours, compensatory rest, breaks, public holidays, Sunday work, night work, workplace well-being, etc.
With regard to occupational safety and hygiene, the Performer enjoys the same level of protection as a permanent employee of the Client. The Performer may perform only those activities specified on the workplace sheet (werkpostfiche) or, if no workplace sheet is required, in the commercial terms, specifically the description of the workplace, required professional qualifications, and risk assessment results. In accordance with the Royal Decree of 15/12/2010 on measures regarding the well-being of temporary agency workers, the Client must complete the workplace sheet in designated cases and submit it to the Company before the Performer is placed. In drafting this sheet, the Client has obtained the advice of its internal/external prevention service and occupational physician. The Client must notify the Company immediately of any change in the workplace (including tasks and location). The Client bears ultimate responsibility (pursuant to Article 11 of the RD of 15/12/2010) for providing work clothing and personal protective equipment free of charge, as well as for cleaning, repairing, and maintaining them in ready-to-use condition, even if a commercial agreement providing otherwise was concluded with the Company. Under the obligation to ensure compliance with occupational health and safety legislation, the Client issues instructions to the Performers assigned to it and exercises de facto managerial authority over them.
When a Performer is involved in a workplace accident, the Client shall, after taking all urgent measures, immediately notify the Company and provide all necessary information for drafting the accident report; otherwise, the Client will be held liable for all damages resulting from its failure. The Client's competent service for prevention and protection investigates any serious workplace accident involving the Performer and contacts the Company's prevention expert, who will cooperate in the investigation. In the case of a serious workplace accident, a detailed report must be drawn up by the internal prevention advisor (Level I or II) or the Client's external service for prevention and protection at work, at the Client's expense. The Company, as legal employer, is not authorized to draft this report (Code on Well-being at Work, Book I, Title VI, Chapter I). This detailed report must be sent by the Client to the Federal Labour Inspection within 10 days of the accident. If an external expert is appointed by the Federal Labour Inspection, the costs of this expert will be borne by the Client. In the case of a very serious workplace accident, the Client shall inform the Federal Labour Inspection as soon as possible.
The Client will at all times cooperate fully with any investigation conducted in the context of a workplace accident.
In the event of a workplace accident involving the Performer, the Company's workplace accident insurer compensates the Performer directly. The Performer cannot claim damages from the Company, as the Company, as the legal employer, enjoys civil immunity. If the Performer claims damages from the Client, the Client cannot recover this compensation from the Company under any circumstances.
If the Company's workplace accident insurer exercises recourse against the Client for compensations paid to the accident victim and this recourse does not cover the full cost borne by the insurer, the Company will invoice the remaining amount to the Client.
The Client undertakes to report all formal and informal training sessions attended by Performers at its company to the Company in accordance with statutory conditions and instructions provided. The Client provides assignment data via the platform, including position, remuneration, duration, and working conditions.
The Company processes this data based on information provided by the Client. The Client undertakes to carefully review the entered data and communicate any errors or changes without delay.
If the Client formulates no comments prior to the start of the assignment, or if the assignment is effectively commenced, the assignment details are deemed confirmed by the Client.
Concrete assignment details are made available electronically via the platform. By selecting a candidate or allowing the assignment to start, these assignment details are deemed confirmed and accepted by the Client.
The healthcare provider's services are recorded and made available electronically via the platform.
The Client can electronically adjust recorded hours until Monday at 23:59 at the latest following the week in which the services were rendered.
In the absence of a timely dispute, the recorded services are deemed correct, definitive, and accepted, and may be invoiced by the Company.
Accepted services are bundled weekly and invoiced by Wednesday at the latest.
If a dispute is submitted, it must be accompanied immediately by a correction of the hours worked.
Invoicing is based on the hours worked as reported by the Client, with a minimum of the hours requested by the Client, except when fewer hours were worked solely due to the Performer's actions and provided the information obligations under these General Terms and Conditions were met. In the absence of timesheets submitted by the Client (whether in writing, electronically, or automatically), invoicing is based on the actual hours worked by the Performer, with a minimum of the hours requested by the Client; in this context, all paid leave, non-statutory holidays, vacation days, bridging days, etc., granted to permanent staff to which the Performer is also entitled, are considered hours worked and invoiced accordingly.
Invoicing is based on the hours recorded and made available electronically via the platform.
Invoiced hours amount to at least the hours requested by the Client, except when fewer services were rendered due to the Performer.
In the absence of timely validation or dispute by the Client, invoicing is based on the recorded hours, with a minimum of the hours requested by the Client.
Where applicable, performances or compensations resulting from applicable legislation or sector provisions, including, but not limited to, public holidays, vacation days, or other paid absences to which the healthcare provider is entitled, are also considered hours worked and passed on to the Client.
Invoicing also includes other wage components as provided in these General Terms and Conditions.
Services are deemed exempt from VAT in accordance with Article 44 of the VAT Code, unless explicitly notified in writing by the Client in advance that this exemption does not apply.
Special performances, such as overtime, night work, shift work, and work on Sundays and public holidays, are remunerated in accordance with applicable legislation and/or sector provisions at the Client. The resulting wage components are invoiced to the Client according to the agreed tariff structure.
All wage components, costs, and allowances arising from the Performer's employment, regardless of their nature or the time they become due, are recharged in full to the Client.
This includes, but is not limited to:
If certain costs are not yet known at the time of invoicing, the Company reserves the right to recharge them to the Client at a later date.
The agreed coefficient and/or rate, as well as the cost items included in the Agreement that determine the coefficient and/or rate, may be unilaterally increased by the Company in the event of:
This rate will also be unilaterally increased by the Company in the event of an increase in the Performer's hourly wage resulting from wage indexations and conventional wage increases applicable at the Client. In any event, the agreed coefficient and/or rate, as well as the cost items, will be adjusted in January of each year by applying the indexation according to the Consumer Price Index (reference: index figure of October).
5.6 All fiscal and social benefits resulting from the temporary agency employment contract accrue to the Company for the duration of the temporary agency work. Without limitation, this includes the (partial) exemption from remittance of withholding tax (bedrijfsvoorheffing) on wages in favour of the Company pursuant to Articles 275/1 (exemption on certain overtime hours) and 275/5 (exemption for shift/night work and construction work) of the Belgian Income Tax Code (WIB92). The temporary employment agency assesses, based on the employment information provided by the Client, whether the Company qualifies for this exemption. Through a monthly declaration, the Client verifies an overview of all Performers who qualify for this exemption. Since 1 October 2022, the Company may only apply for the exemption for shift and night work and real estate works with the express prior consent of the Client. The Client declares to have granted this express prior consent to the Company by signing the addendum regarding the exemption from remittance. The Client undertakes to cooperate fully with the Company in the event of a tax audit by providing all supporting documents demonstrating that the exemption is applied correctly. If the application of the exemption is deemed unjustified by the tax authorities, the Client shall compensate the Company for all damages suffered as a result. Any amounts credited pursuant to this exemption must be repaid by the Client to the Company. These obligations expressly survive the termination of the collaboration between the Client and the Company.
The Client undertakes to return the Agreement and any additional documents signed to the Company in a timely manner.
The absence of a signed Agreement does not affect the Client's payment obligation for services actually rendered or contractually agreed.
The Client is solely liable for providing the signed Agreement and monitoring the submission of accurate performance records.
Performances are recorded via the platform. Performances recorded via the platform serve as proof of the services rendered between the parties, subject to proof to the contrary.
The Client undertakes to verify the recorded hours electronically in a timely manner and report any errors or substantiated disputes to the Company no later than Monday following the week in which the services were rendered.
In the absence of a timely dispute, the recorded services are deemed correct, definitive, and accepted, and may be invoiced by the Company.
Only the Client is liable for errors in automated transmission.
Civil liability, as provided in Article 6.14, §1 of the new Civil Code, rests with the Client. The Client is therefore solely liable for all damage caused by the Performer to third parties. Including a ‘temporary agency work clause’ in the Client's civil liability insurance is recommended. The Company is likewise not liable for damages caused by the Performer to the Client during and in connection with their assignment with the Client. The Company is also not liable for damage, loss, theft, or disappearance of equipment, money, or goods entrusted to the Performer. The Company is not liable for loans or advances, in kind or in cash, granted by the Client to the Performer. Recovery of costs resulting from private telephone use, meals in the company canteen, authorized purchases, etc., will take place without the Company's mediation. The Company is in no event liable for the consequences of the absence and/or late arrival of its Performers.
In any event, the Company's liability is limited to the total amount invoiced by the Company to the Client in the relevant calendar year, with an absolute maximum of EUR 100,000.00 per calendar year for all claims in that calendar year.
Furthermore, the Company's liability is limited to direct damages resulting directly from the non-performance or improper performance of the Agreement by the Company. The Company is in no event liable for business interruption loss or other indirect damage suffered by the Client, such as lost profits, missed savings, and/or the application of penalty clauses.
The Company accepts no waiver of recourse, whether total or partial, by the Company and its insurer against the Client and its insurer. If the Client, its insurer, or any third party proposes or includes a waiver of recourse against the Company or its insurer in any policy, agreement, or other document, this waiver of recourse shall have no effect against the Company and its insurer, and they cannot be held liable in any way based upon it. The Company and its insurer remain entitled to retain and exercise their statutory and contractual rights of recourse against the Client or its insurer.
In the event of a takeover: if the Client, before the end of a minimum period of 125 full-time days worked on secondment within 12 months following the last employment contract between the Company and the Performer, enters into an employment relationship of any kind with the Performer for the same or a different position without the Company's intervention, the Client will be invoiced a takeover fee per hired Performer equal to 25% of the gross annual salary of the Performer concerned, unless agreed otherwise in writing. The minimum period applies to each Performer individually. The aforementioned takeover fee is determined as a fixed lump sum based on mutual agreement between the Client and the Company that the damage suffered by the Company includes costs for prospecting, selecting, and screening an employee with the same qualifications as well as lost profits, without prejudice to the Company's right to prove that actual damages exceed this amount. The same applies if the Introduction was never followed by an actual assignment via the Company and the Client enters into an employment relationship with the Performer for the same or another position within 12 months of the date of Introduction.
The Client also owes this takeover fee if the Company—before the end of the minimum period of 125 full-time days worked—must terminate the placement within 12 months following the last employment contract between the Company and the Performer:
The Client also owes this takeover fee if the Performer, after the placement has ended, enters into an employment relationship of any kind with the Client within 12 months following the last employment contract between the Company and the Performer, provided that 125 full-time days worked on placement have not yet been completed between the first day of secondment and the first day of the employment relationship. The Client undertakes to notify the Company in writing in advance of its intention to enter into an employment relationship with the Performer.
This takeover fee is also due if the Performer's placement must be terminated because the maximum duration of the temporary agency contract under the law or CLAs has been reached without the minimum period of 125 full-time days worked having been completed, and the Client enters into an employment relationship with the Performer within 12 months following the last employment contract between the Company and the Performer.
Definities: Wordt verstaan onder Uitvoerder: the Performer selected by the Company who was made available to the Client under an employment contract for temporary agency work, as well as the Performer proposed to the Client by the Company. Gross annual salary of the Performer is understood to mean: if the Performer has already worked: the last applicable hourly wage × the average number of hours per week applicable in the Client's sector × 4.33 × 13.92 × the number of days remaining to be worked / 125. If the Performer has not yet worked: the wage applicable at the Client for the position concerned (with a minimum of the wage scales of the Client's Joint Committee) × the average number of hours per week applicable in the Client's sector × 4.33 × 13.92. The gross annual salary is in any event increased by all extra-legal benefits, including, but not limited to, meal vouchers, eco-vouchers, company mobile phone, etc.
This article does not apply to ‘payroll employees’, being employees for whom sourcing, screening, and selection were carried out by the Client itself without intervention by the Company.
If the Client requires further information regarding the application of this article, they can contact the Company at info@clickcare.be. In addition, the Client may contact the independent ombudsman service of Federgon, the Belgian federation of HR service providers, via ombuds@federgon.be, Havenlaan 86c, 1000 Brussels.
