Terms and Conditions

Article 1: Applicability

These General Terms and Conditions apply to all offers and agreements of Zoomt B.V.
Deviations from these General Terms and Conditions and agreements are only legally valid if and insofar as Zoomt has confirmed this deviation in writing and only apply to that assignment.
Zoomt is entitled to unilaterally amend the General Terms and Conditions. The most current version of Zoomt’s General Terms and Conditions always applies to offers, assignments, and/or agreements.
In addition to these General Terms and Conditions, the most recent version of the General Terms and Conditions of the ABU always applies. In the event of a conflict between the General Terms and Conditions of the ABU and these General Terms and Conditions, the General Terms and Conditions of Zoomt prevail.
Any purchasing or other conditions of the Hirer are not applicable and are expressly rejected by Zoomt.

Article 2: Definitions

In these General Terms and Conditions, the following terms have the following definitions,
unless expressly stated otherwise elsewhere:

Provision: the situation in which the Labor Force is actually lent out by Zoomt to the Hirer for the execution of the Hiring Agreement to perform work or activities for the Hirer under the supervision and direction of the Hirer.
Hirer: the organization to which Zoomt provides labor on the basis of the hiring agreement or the placement confirmation, also known as the material employer.
Placement Confirmation: the confirmation provided by Zoomt to the Hirer in which each separate Assignment is mentioned for hiring, including the specific agreements made per hiring and the further details of the hiring mentioned therein.
Assignment/Hiring Agreement: the contract for services entered into between Zoomt and the Hirer, on the basis of which Zoomt makes one or more Labor Forces available to the Hirer to perform work under the supervision and direction of the Hirer.
Labor Force: the natural person with whom Zoomt enters into a temporary employment contract in order to make him/her available to the Hirer. Wherever ‘him’ or ‘he’ is mentioned, ‘her’ or ‘she’ can also be read.
ABU collective labor agreement: the collective labor agreement for temporary workers concluded by the General Union of Temporary Employment Agencies (hereinafter: ABU) on the one hand and the relevant employee organizations on the other.
Hirer’s Remuneration: the legally valid remuneration of an employee employed by the Hirer, working in a function equal or equivalent to the function performed by the Labor Force. The nature and scope of the hirer’s remuneration consist of the elements included in the applicable ABU collective labor agreement.
Temporary Employment Clause: the written provision in the Temporary Employment Agreement between Zoomt and the Labor Force and/or in the ABU collective labor agreement, stating that the Temporary Employment Agreement ends by operation of law because the provision of the Labor Force by Zoomt to the Hirer ends at the request of the Hirer.
Force Majeure: force majeure means any circumstance independent of Zoomt’s will that permanently or temporarily prevents the fulfillment of the hiring agreement or placement confirmation and which, according to the law or the standards of reasonableness and fairness, should not be for Zoomt’s account.

Article 3: Assignment and Provision

Zoomt recruits and selects the Labor Force to then make it available to one or more hirers, including the Hirer, to subsequently perform work under the supervision and direction of the Hirer to whom the Labor Force has been made available. Hirer and Zoomt agree that Zoomt has the following independent rights, without interference from the Hirer:
To screen the Labor Force prior to employment and to check whether the Labor Force meets the requirements.
The assignment is entered into for a definite or indefinite period.
Zoomt is at all times entitled to propose to the Hirer the replacement of a Labor Force made available by another Labor Force, continuing the assignment, with a view to Zoomt’s company policy or personnel policy, preservation of employment, or compliance with applicable laws and regulations, in particular the dismissal guideline for the temporary employment sector. The Hirer will only refuse cooperation with the replacement on reasonable grounds. The Hirer will, if requested, motivate a refusal in writing.
Zoomt is free to make the Labor Force available to one or more other hirers without the Hirer’s consent to perform work under the supervision and direction of those other Hirer(s).

Article 4: Termination of the Hiring Agreement/Placement Confirmation

The hiring agreement or placement confirmation ends immediately due to dissolution from the moment Zoomt invokes the dissolution of the hiring agreement or placement confirmation because (without being intended to be exhaustive):
For the Labor Force with an employment contract in phase C, what is stated in this article 5 sub c applies
Zoomt and the Hirer are entitled to terminate the Hiring Agreement, observing a notice period of three (3) months. However, the Hirer’s termination cannot take place at an earlier date than the date of the end of the Temporary Employment Contract. The termination must be made by registered letter. The three-month period starts at the moment the registered letter has reached the other party. If there is a longer notice period for one or more individual Labor Forces (see article 4 of the hiring agreement), the hiring agreement ends on the day on which the longer notice period has expired.
On the day on which the written termination of the Hiring Agreement has taken place or the day on which the Hiring Agreement has been dissolved, the Hirer remains obliged to pay the invoices regarding the continued payment of the Labor Force’s wages during the term of the Temporary Employment Contract.
In the event of a transfer of the company where the Labor Force has been made available, the obligations under the hiring agreement remain in full force. Costs resulting from the fact that Labor Forces can no longer be made available in the company concerned are at the expense of the Hirer (see also article 5 sub b and sub c of these General Terms and Conditions). The foregoing applies unless the acquirer of the company continues the provision of the relevant Labor Force through Zoomt.

Article 5: Termination of Provision

The temporary employment contract with a temporary employment clause in phase A ends upon termination of the provision. The Hirer is obliged to timely notify the impending end of the temporary employment contract, subject to payment of compensation in accordance with Article 14 of the ABU Cao.
In accordance with the objective formulated in the hiring agreement, it applies to a temporary employment contract for a fixed period without a temporary employment clause that it ends by operation of law but is not terminable in the meantime. This implies that the provision cannot be terminated during the term. During the remaining term of the temporary employment contract for a fixed period, the Labor Force can continue to work. If this is not the case, what the Hirer must pay during the remaining term is calculated based on the number of hours that the Hirer had to purchase in accordance with the hiring agreement and, in the absence thereof, in accordance with the average number of hours worked that the Labor Force has worked in practice. Until the actual lawful termination of the temporary employment contract, the obligations incumbent on the Hirer remain in force (see also Article 4 of the General Terms and Conditions).
Also, in accordance with the objective formulated in Article 2 of the hiring agreement, the following rules apply if the Hirer terminates the hiring of one or more Labor Forces with a Temporary Employment Contract for an indefinite period. Zoomt and the Hirer will comply with the applicable laws and regulations in the Netherlands regarding the termination of employment. This implies, among other things, that Zoomt, if necessary, will take the necessary measures aimed at terminating the Temporary Employment Contract (such as applying for a dismissal permit from the UWV or submitting a dissolution request to the Subdistrict Court), provided that the applicable laws and regulations have been observed. During the notice period (for an indefinite Temporary Employment Contract), the Labor Force can continue to work. If this is not the case, what the Hirer must pay during the notice period is calculated based on the number of hours that the Hirer had to purchase in accordance with the hiring agreement and, in the absence thereof, in accordance with the average number of hours worked that the Labor Force has worked in practice. The termination of the hiring of the Labor Force by the Hirer must be communicated to Zoomt in writing without delay. During incapacity for work, the hiring cannot be terminated by the Hirer. Until the actual lawful termination of the Temporary Employment Contract, the obligations incumbent on the Hirer remain in force (see also Article 4 of the General Terms and Conditions).
When Labor Forces continue to perform the same work for the material employer but formally change employers, there may be a case of successive employer-ship. In that case, the Labor Forces’ employment history is counted in determining their legal position (including notice period or notification period). If there is successive employer-ship and the Hirer decides to terminate the provision of the relevant Labor Force after the start of the hiring, the Hirer is liable for any costs arising from the termination of the Temporary Employment Contract.
If the Labor Force terminates the temporary employment contract with Zoomt, observing the statutory notice period, Zoomt is no longer able to make the relevant Labor Force available to the Hirer, and the consequences thereof are not at the expense of Zoomt.

Article 6: Guidance for Replacement Work

Upon termination of the hiring of a Labor Force with a Temporary Employment Contract for an indefinite period of the Labor Force, in accordance with the requirements set for this under these General Terms and Conditions and Dutch dismissal law and the hiring agreement, Zoomt undertakes to guide the Labor Force (externally) in finding suitable replacement work. During the notice period, Zoomt is entitled to reserve 20% of the Labor Force’s working time for this guidance; these hours are at the expense of the Hirer. Zoomt is also entitled to recover the costs (including the wage costs of the Labor Force) arising from participation in the (external) guidance trajectory from the Hirer.

Article 7: Notification Obligation

The Hirer declares to be aware of the notification obligation as referred to in article 7:668 of the Dutch Civil Code for fixed-term employment contracts of six months or longer. The Hirer is obliged to indicate at least six weeks before the end of the Labor Force’s fixed-term Temporary Employment Contract whether or not he wishes to extend the assignment. In the case of non-compliance (on time) with this obligation, the Labor Force will be notified by Zoomt, and any consequences of non-notification (on time) will be at the expense of the Hirer.
From the moment the Labor Force has been notified in accordance with what has been indicated by the Hirer, the Hirer is liable for the consequences of the actual fulfillment of what the Labor Force has been notified by Zoomt.

Article 8: Transition Compensation

If the employee is entitled to the transition compensation under the applicable laws and regulations, this will be charged to the Hirer for the period during which the employee has been made available to the relevant Hirer.

Article 9: Outstanding Vacation Days or Vacation Pay upon Joining or Leaving Zoomt

If an Employee has accrued vacation days/hours or vacation pay with the Hirer at the time of joining, these will be paid out by the Hirer in the form of a final settlement, unless the Hirer chooses to reserve the outstanding vacation days/hours for the Employee. In the latter case, if an Employee takes a vacation day, it will be deducted from the reservation; the Hirer will state in writing that it is a “worked day – Leave,” so the Employee receives the pay due to them. The aforementioned procedure continues until there are no reserved days/hours left. From that moment on, the Employee will use the leave days they have accrued with Zoomt. Vacation pay accrued with the Hirer will always be paid out by the Hirer when the Employee leaves the Hirer’s employment and joins Zoomt.
If an Employee leaves Zoomt, accrued reservations (vacation days and vacation pay) will be paid out in the final settlement. This also applies if the Employee (again) joins the Hirer.

Article 10: Good Employer Conduct

The Hirer is obliged to act in accordance with the requirements of good employer conduct in its relationship with the Workers made available to it. This includes, but is not limited to, not hindering the reintegration of Workers who are unfit for work.

Article 11: Occupational Health and Safety, Working Hours, and Liability

The Hirer declares that it is aware that it is regarded as the employer under the Occupational Health and Safety Act and Working Hours Act.
The working hours, the number of working hours, and the rest periods of the Workers shall, with due observance of the individual Temporary Employment Contract, not be more or less than is legally permitted (including the Working Hours Act).
The Hirer declares that it is responsible for the correct application of the so-called Occupational Health and Safety legislation (e.g., making a Risk/Inventory/Evaluation and handing it over to the Worker) and other laws and regulations and case law relating to safety. If a hired Worker suffers damage as a result of an industrial accident, occupational disease, or otherwise, the Hirer is obliged to compensate this damage. In the case of incapacity for work and a subsequent payment obligation, Zoomt is obliged to continue to pay the salary during illness. If the Worker suffers an industrial accident or occupational disease, the Hirer shall, if legally required, notify the competent authorities thereof without delay and ensure that a written report is made without delay.
Zoomt is not liable for damage that Workers may possibly cause to themselves and/or colleagues (e.g., in a traffic accident), the Hirer, or third parties, and is also not liable for obligations that the Workers have entered into. Zoomt is also not liable for damage resulting from the deployment of Workers who do not meet the requirements set by the Hirer. Article 18 of the General Terms and Conditions of the ABU (with the exception of art.18.1) is therefore not applicable to the provision by Zoomt.
The Hirer is liable for damage resulting from incorrect compliance with the provisions under b, c, and d above, unless there is intent or deliberate recklessness on the part of the Worker or Zoomt. The Hirer indemnifies Zoomt against any liability that may arise from the above. The Hirer shall adequately insure itself against liability under the provisions in sections b, c, d, and e.
If it is determined by the government that the employer/withholding party/payment obligor must adjust the number of hours to be processed, Zoomt is entitled to charge this number of hours to the Hirer. The Hirer is at all times responsible for scheduling and determining the number of hours to be hired and indemnifies Zoomt from any liability by signing the hiring agreement or placement confirmation.

Article 12: General Damages

If the Hirer fails to fulfill one or more of its obligations arising from the hiring agreement or placement confirmation or from these General Terms and Conditions or from good employer conduct, towards Zoomt or the Worker, the Hirer is liable to Zoomt for all damages (including costs, including the actual costs of legal assistance) that directly or indirectly result from this for Zoomt, without any need for a notice of default. These provisions do not affect Zoomt’s right to bring any other claims against the Hirer, including the claim for performance, and to take other legal measures, such as invoking dissolution. The provisions of this article are of general application both with regard to conditions where the Hirer’s liability for damages is already separately regulated and where this is not the case.

Article 13: Increase of the Hirer's Rate as a Result of Wage, Charges, and/or General Cost Increases

Zoomt is entitled to increase the hirer’s rate by the full amount or the proportional amount, resulting from an increase in the hourly remuneration of the Worker due to one or more of the following possibilities:
If, due to any cause attributable to the Hirer, Zoomt’s rate has been set too low, Zoomt is entitled to retroactively raise the rate to the correct level and charge the Hirer what the Hirer has paid too little as a result, and the Hirer is obliged to pay what is due immediately. This does not affect any right of Zoomt to possibly bring other (additional) claims against the Hirer.

Article 14: Payment and Consequences of Non-Payment

The Hirer is at all times obliged to pay any invoice submitted by Zoomt immediately. In the hiring agreement or placement confirmation, a deviation from the requirement of immediate payment may be made in writing under conditions by using a different payment term. It is expressly noted that this does not affect the operation and other parts of what is stated in this article.
Only payments to Zoomt itself are liberating. Payments to Workers or the provision of advances to Workers are non-binding and can never be grounds for offsetting.
If an invoice from Zoomt is not paid in accordance with the agreements, the Hirer is in default by operation of law from that moment without a notice of default and is, without prejudice to its other obligations, liable to pay interest of 0.5% per calendar week on the full invoice amount until the day of full satisfaction, with part of a week being counted as a full week. Suspension of payment or offsetting is not permitted to the Hirer.
The carbon copy or photocopy of the invoice sent by Zoomt in Zoomt’s possession serves as full proof of the interest due and the day on which the interest calculation begins.
Complaints concerning any invoice must be submitted in writing to Zoomt within ten (10) calendar days after the invoice date; after this period, the Hirer’s right to complain expires. The burden of proof regarding timely submission rests with the Hirer. If a complaint is filed, the Hirer may not, however, invoke a suspension of the payment obligation or offsetting.
All collection costs, including the full costs of legal assistance, both in and out of court – provided by anyone – are entirely at the expense of the Hirer. The compensation for extrajudicial costs is fixed at 15% of the owed principal amount including interest, with a minimum of €250 per claim. This compensation will always be charged by Zoomt and owed by the Hirer as soon as measures by Zoomt are implemented or the claim is handed over by Zoomt for collection, without any further proof.

Article 15: Force Majeure

In the event of force majeure on the part of Zoomt, its obligations under the hiring agreement or placement confirmation shall be suspended for as long as the force majeure situation continues. As soon as a force majeure situation occurs at Zoomt, it shall notify the Hirer.

Article 16: Privacy

Zoomt complies with legal provisions for the protection of personal data as stated in the General Data Protection Regulation (GDPR).
In line with the preceding paragraph, the Hirer refrains from requests to Zoomt that are contrary to laws and regulations for the protection of privacy, to obtain personal data of the Worker, or from providing any personal data to third parties, unless this is done in the context of an assignment provided to a third party in relation to the Hirer, where it is obliged to do so on the basis of any legal provision or based on explicit written consent from the Worker.
The Hirer undertakes to use, process, store, and protect the personal data provided in relation to an Assignment properly and carefully against improper use and/or abuse. The Hirer complies with the requirements imposed on it by the GDPR and related laws and regulations. The Hirer is expressly the data controller within the meaning of the GDPR. The Hirer will inform the Worker itself of any personal data registered from the Worker and the manner in which, when, and for what purposes this data is processed. Zoomt excludes all liability concerning the content of this paragraph, and the Hirer indemnifies Zoomt for this.

Article 17: Final Provisions

If one or more provisions of the hiring agreement or placement confirmation or these General Terms and Conditions are null and void or are annulled, the remaining provisions in the Hiring Agreement, placement confirmation, and the General Terms and Conditions shall remain in force. The provisions that are not legally valid or cannot be legally applied will be replaced by Zoomt with provisions that correspond as closely as possible to the purport of the provisions to be replaced, in such a way that those replacement provisions are legally valid.
These General Terms and Conditions, Hiring Agreement, or placement confirmation are governed by Dutch law. c. All disputes arising from or related to a legal relationship between the parties to which these General Terms and Conditions apply shall be settled exclusively in the first instance by the competent court of the district in which Zoomt’s head office is located.