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Article 1. Definitions

In these General Terms and Conditions, the following definitions apply:

Pro Staffing Workforce: Pro Staffing Workforce, with its registered office in (1066 EP) Amsterdam, at John M Keynesplein 1, Chamber of Commerce number: 61270385.

Candidate: any natural person or legal person who is proposed/proposed to the Client by or via Pro Staffing Workforce to fill a (possible) vacancy.

Client: a natural or legal person who provides an order to Pro Staffing Workforce, or at least enters into cooperation with Pro Staffing Workforce.

Assignment: Pro Staffing Workforce's written order confirmation to the Client, on the basis of which Pro Staffing Workforce provides services to the Client.

Fee: the fee that the Client owes Pro Staffing Workforce in connection with the Assignment.
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Article 2. Applicability of the General Terms and Conditions

2.1. These general terms and conditions apply and form part of all offers, offers from Pro Staffing Workforce and the Order between Pro Staffing Workforce and Client, excluding the Client's general terms and conditions.

2.2. Deviations from these terms and conditions are only valid insofar as they have been confirmed in writing by Pro Staffing Workforce. Such deviations only apply to the relevant cases, and no rights can be derived from them with regard to legal relationships entered into later. In these general terms and conditions and the order confirmation, “in writing” means by post and e-mail.

2.3. The applicability of any other general terms and conditions that may be used by the Client or referred to by the Client is hereby expressly rejected

2.4. These general terms and conditions also apply to all subsequent Orders between Pro Staffing Workforce and Client.

Article 3. Non-binding offers and completion of the Assignment

3.1. All offers and cost statements from Pro Staffing Workforce are completely free of charge, unless the contrary explicitly follows in an individually addressed written offer.

3.2. An Assignment between Pro Staffing Workforce and Client is concluded as soon as the Client has confirmed Pro Staffing Workforce's order confirmation letter in writing.

3.3. Verbal commitments only bind Pro Staffing Workforce after they have been confirmed by it in writing.

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Article 4. Duration and termination of the Assignment

4.1. Unless otherwise agreed in writing, the assignment is entered into for a fixed period of time for the duration of one year. Parties are entitled to terminate the agreement in writing at the end of the term, subject to a notice period of at least one month.

4.2. If Pro Staffing Workforce and Client have agreed to an Assignment for an indefinite period, each of the parties can terminate the agreement in writing, subject to a reasonable period of time, with at least a period of one month. The Client owes the administrative costs at all times, even if the Client cancels the Order indefinitely soon after the Assignment.

4.3. Pro Staffing Workforce and/or Client each have the right to terminate the Assignment immediately, without further notice of default being required, only if the other party: a) is declared bankrupt, b) is granted (provisional) suspension of payment, c) goes into debt restructuring, or d) otherwise loses jurisdiction over its assets.

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Article 5. Payment

5.1 Payment must be made within 14days after the invoice date by transferring the amount to the Pro Staffing Workforce bank account specified on the invoice. After the expiry of the payment period of 14 days after the date of the invoice, the Client is immediately in default without a notice of default being required. The Client will then owe Pro Staffing Workforce a contractual interest of 2% per month on the outstanding amount.

5.2. In the event that the Client is in default, Pro Staffing Workforce has the right to fully charge the Client for both judicial and extrajudicial costs (including lawyer costs) related to collecting its claim and to recover them from the Client.

5.3. In the event that the Client has comments or complaints about the content of the invoice or the amount of the amount, the Client has the option to submit his comments or complaints. 14to be submitted in writing and motivated to Pro Staffing Workforce days after the date of shipment. After the expiry of the period of 14 days, these comments or complaints will no longer be dealt with and the Client's right will expire within the meaning of article 6:89 TAX.

Article 6. Fairy

Unless otherwise agreed in writing between Pro Staffing Workforce and Client, the amount of the Fee in the subsequent Assignment (s) is equal to the Fee agreed between Pro Staffing Workforce and Client in the Assignment previously concluded between them.

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Article 7. Other Client obligations

7.1. The Client is obliged to provide Pro Staffing Workforce with all facts and circumstances that may be important for the correct execution of the Assignment, as well as all data and information required by Pro Staffing Workforce, in a timely and complete manner. The Client guarantees the accuracy and completeness of all data and information provided to Pro Staffing Workforce.
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7.2. Client undertakes to do so as soon as possible, at the latest within sifting calendar days after agreeing to a partnership, employment or other type of contract with the Candidate, notify Pro Staffing Workforce in writing, regardless of the effective date of the agreement with Candidate. The notification should consist of the following information:

• date of commencement of collaboration/employment
• initial (s), name and address of the Candidate
• Client billing information.
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7.3. The Client is obliged to allow the Candidate to perform work in accordance with what is stated by or in force in the Working Conditions Act. The Client is also obliged to take such measures and provide instructions as reasonably necessary to prevent the Candidate from suffering damage in the performance of his work. Client is aware of the liability as referred to in article 7:658 BW (employer liability/business accidents) and will do everything possible to prevent such liability. Client indemnifies Pro StaffingWorkforce against any claims under article 4. 7:658 TAX.

‍7.4. The Client guarantees that Candidate's working hours and working hours meet the legal and other government requirements.

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Article 8. Early termination of the employment agreement and leniency arrangement If the agreement between Candidate and Client is terminated/ends by Candidate before the start of the term of the agreement, the Assignment will be considered not completed and Pro Staffing Workforce will still carry out the Assignment at no additional cost - with the exception of administrative costs - provided that: (a) the Client within 5 days after cancellation by Candidate informs Pro Staffing Workforce in writing; (b) the essential features of the position have not changed; (c) Client has paid all amounts invoiced by Pro Staffing Workforce in full and has fulfilled all its obligations under the Assignment and these general terms and conditions towards Pro Staffing Workforce.

‍Article 9. Responsibility and Liability

‍9.1 Pro Staffing Workforce is responsible for the proper execution of the assignment in accordance with the agreements and procedures laid down in the Assignment in writing. However, Pro Staffing Workforce is not responsible for information and data provided by the Client in the context of the assignment.

‍9.2. Pro Staffing Workforce makes every effort to find a suitable Candidate for the Client, but cannot guarantee the result. The Client is obliged to verify the Candidate's references (including the verification of diplomas obtained, etc.) himself. The Client ultimately decides for itself whether the Candidate selected by Pro Staffing Workforce is suitable.

‍9.3. Pro Staffing Workforce's liability is limited to the amount of damage equal to the amount that the Client owes Pro Staffing Workforce under the Assignment. Pro Staffing Workforce cannot be held liable by the Client for damage, loss of turnover and/or loss of profit.

‍9.4. The Client has the right to, within a period of 14 days after the event causing the damage occurred, hold Pro Staffing Workforce liable in writing. After the expiry of the period of 14 3 days, this right has expired on the part of the Client within the meaning of article 6:89 TAX.

‍9.5. Pro Staffing Workforce is not liable to Client for damage and/or losses that Candidate causes to Client or third parties. The Client indemnifies Pro Staffing Workforce against any third-party claims.

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Article 10. Confidentiality Pro Staffing Workforce and Client undertake to maintain strict confidentiality towards all third parties, with regard to everything they become aware of in the context of the Assignment. Pro Staffing Workforce and Client will ensure that their employees, representatives, observe the same confidentiality. Pro Staffing Workforce and Client are not obliged to maintain the confidentiality of information that parties know, or should reasonably know, that is intended to be publicly distributed, and parties are not obliged to maintain confidentiality if disclosure of information is required by law.

‍Article 11. Penalty clause If the Client has the provisions of articles: 7.2, 10 and 12.3 If the first and second sentences of these General Terms and Conditions are not complied with, the Client shall, without notice of default being required, pay Pro Staffing Workforce an immediately due and payable penalty of € 7,000.00for each offence and € 1.000, -- per day or part of the day that the offence continues, with a maximum penalty of € 30,000, --In addition, Pro Staffing Workforce has the right to claim compensation. This penalty provision remains in force between Pro Staffing Workforce and Client until latest. 2 year after termination of the Assignment.

Article 12. Privacy and changes

‍12.1. Pro Staffing Workforce reserves the right to make changes to the Website's applications if this is desirable for the Website to function. Pro Staffing Workforce is also entitled to (temporarily) shut down its Website or restrict its use if this is necessary for maintaining or modifying the Website, without this giving rise to any right of Client to compensation against Pro Staffing Workforce. Pro Staffing Workforce may refuse and/or remove from the Website the posting of resumes, vacancies, company presentations and/or other forms of expressions on the Website by the Client without being liable for compensation.

‍12.2. Client and Pro Staffing Workforce comply with the latest privacy legislation at all times. This means, among other things, that the Client and Pro Staffing Workforce will only use the Candidates' data for the purpose for which they were provided by the Candidates and will not keep the data longer than necessary for the intended purpose. The Client undertakes to maintain strict confidentiality about the Candidates' information provided by Pro Staffing Workforce and ensures that its staff also complies with this confidentiality. The Client ensures appropriate security of the information provided so that it is protected against unauthorized or unlawful processing. The Client indemnifies Pro Staffing Workforce against any possible claim by a Candidate based on a breach of the General Data Protection Regulation (AVG) by the Client.

‍12.3. The Client is not allowed to use Candidates' profiles received for anything other than their own use. The Client may not provide information about Candidates to third parties in any way without the consent of Pro Staffing Workforce, unless this is necessary to execute the agreement with Candidate or the Client has received explicit permission from Candidate and ProS Staffing Workforce. If a Client enters a Candidate introduced by Pro Staffing Workforce or via the Website 12 months after the Candidate's introduction to another person, company or institution, resulting in a contractual relationship between this third party and the Candidate, the Client has the same obligations towards Pro Staffing Workforce as if it had itself entered into a partnership with the Candidate.

Article 13. Intellectual Property and Right to Use

‍13.1. The Client guarantees that the material supplied by him and the instructions given by him will not lead to any problem in the field of intellectual property and AVG. In addition, the Client guarantees that all those involved within the Client's organization have given permission to use and disclose their data and images to third parties for the material to be produced by Pro Staffing Workforce, including advertisements, photos and videos. If the Client does not provide royalty-free material, the Client is liable for this. The Client indemnifies Pro Staffing Workforce against third-party claims in this regard.

‍13.2. All intellectual property rights relating to the proposals and work carried out by Pro Staffing Workforce for the Client, including advertisements, photos and videos, belong to and remain owned by Pro Staffing Workforce. The use within the Client's company and reproduction by the Client of what is produced by Pro Staffing Workforce is only permitted within the limits of the purpose of the Assignment.

‍13.3. Pro Staffing Workforce has the right to use commissioned material, including advertisements, photos and videos, for its own marketing purposes.

‍13.4. The Client has the right to use the products produced by Pro Staffing Workforce, including advertisements, videos and photos, for a period of two year from the moment of final delivery of what was produced as part of the Order. The Client is only entitled to change what has been produced, including advertisements, photos and videos, with the prior written consent of Pro Staffing Workforce. After the period of two year, the Client removes what is created by Pro Staffing Workforce from the internet and also other public media sources that third parties have access to.

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Article 14. Other

‍14.1. The right to setoff, suspend, terminate (subject to article 4.3 of the general terms and conditions), and/or destruction is not the responsibility of the Client.

‍14.2. If the Client is in default of the correct and/or timely fulfillment of one or more of its obligations, Pro Staffing Workforce's obligations to fulfill its own obligations under the Assignment are automatically and immediately suspended until the Client has paid what it owes in full.

‍14.3. These general terms and conditions and the Assignment are governed by Dutch law.

‍14.4. The judge of the Amsterdam District Court is primarily competent to hear disputes arising from and/or related to the Assignment and/or the general terms and conditions.