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GENERAL TERMS AND CONDITIONS

 

Article 1 Scope of the general terms and conditions

1.1. These general terms and conditions exclusively apply to all services of PANDERIM BVBA (“Panderim”).

1.2. Panderim offers services that allow you as a  company ( “Principal”) to submit a project description in search of an interim manager to temporarily support you as an independent service provider (“Consultant”)  and or where you, as an independent service provider (“Consultant”), can enter a profile description in order to be preselected as a suitable candidate for the execution of a temporary project (“Project”).

1.3. If you call on Panderim’s services by registration on the platform, you agree to our general terms and conditions, our privacy policy, cookie statements and other rights and obligations listed on our website and you accept them without reservation by clicking the “accept” button. The  clicking of the “accept” button will apply as a handwritten signature.

1.4. If you as Principal or Consultant on Panderim’s services to excecute a Project, the Principal, the Consultant and Panderim, each as a party (“Party”), will conclude an agreement (“Agreement”) with the each other describing the further project agreements.

Article 2 Registration, information, selection, and use

2.1. The access to our services is limited to registered and accepted Principals and Consultants. When all the required fields for registration have been filled in , the acceptance by Panderim will depend on an internal review and the intake meeting. Panderim reserves the right to deny the registration and other services when this internal review or the intake meeting do not comply with the quality criteria set by Panderim. Panderim determines the conditions for registration in its sole discretion and has the right to adjust them at any time.

2.2. Principals and Consultants undertake to reflect an correct, truthful and complete image for every registration, Project description and Profile description. It’s the Principal’s and Consultant’s exclusive responsibility to rectify or remove outdated information and to keep the information updated. Panderim reserves the right to deny the processing of information as well as to remove the uploaded content if the content violates these Terms and  Conditions or any applicable law, or on a reasonable request of a third party.

2.3. Each (candidate) Consultant declares to be eligible to work as a self-employed service provider and to comply with all applicable ethical, sectoral and  regional regulation and applicable legislation including the payment of social security and parafiscal charges and contributions.

2.4. Each (candidate) Principal declares on its own responsibility to proceed with the selection of the ultimate candidate.

2.5. Each Principal’s or Consultant’s profile is strictly individual, personal and confidential and is not transferable to any third party. The Principal respectively Consultant is exclusively responsible for all actions that are carried out with their profile, and undertakes to make normal use in accordance with these Terms and Conditions and the applicable legislation and ensures the confidentiality of his personal profile, including login details and password. In the event of a breach of the secret or personal nature of a profile, Panderim reserves the right to take appropriate measures to safeguard its rights.

2.6. As soon as the registration is accepted, the Principal or Consultant will benefit from a free, personal, revocable and non-transferable license (“License”) to use the available functionalities on the website on a “as is” basis on his own responsibility, without any warranty and for an indefinite period of time. Each party shall be entitled to terminate the registration and the associated License at any time by notification of the request sent to info@panderim.jobs

2.7. All intellectual rights on the content of our website, including available functionalities, are and will remain the exclusive property of Panderim including photos, videos, texts, ideas, notes, drawings, articles, graphic designs, databases etc. It’s expressly forbidden, under penalty of damages, to copy, reproduce, modify, reverse engineering without prior authorization or attempt to do so, and other infringements of copyright, database right, software right, and other applicable intellectual rights.

Article 3 Compensation and invoicing

3.1. The Principal and the Consultant mutually agree to a fixed amount (“Consultant Fee”) for each separate project calculated based on the number effectively performed days or half days.

3.2. Panderim’s compensation for each Project will be 75,00 € for each effectively performed day, or 37,50 € for each effectively performed half a day.

3.3. At the end of each month of a Project, the Consultant will check all performed days for the Principal in the calendar module on the online platform of Panderim. This generates an automatic notification per e-mail to the Principal.

3.4. On the basis of the days entered, Panderim will invoice the Consultant Fee and the Panderim Fee to the Principal at the end of each month, payable no later than 15 days after the invoice date.

3.5. The Consultant invoices the Consultant Fee to Panderim at the end of the month, payable no later than 30 days after the date of invoice.

3.6. Any dispute relating to an invoice must be submitted in writing within 8 calendar days after the invoice date and justified on duly substantiated grounds. Failing this the invoice shall be deemed to be accepted.

3.7. In the event of non-payment on the due date (late payment),  the Principal will be obliged to pay, ipso jure and without the need for prior notice, late payment interest on the due amounts at the interest rate provided for in the Act of 2 August 2002, without prejudice to Panderim’s right to additional compensation.

Article 4 Contract with the proposed profiles

4.1 The Principal declares in accordance with the modalities in article 4.2. to let no project be carried out by one of the by Panderim proposed profiles which are not the object of an Agreement with Panderim. The Consultant undertakes in accordance with article 4.3. not  to provide any services to the by Panderim proposed Principals which are not the object of an Agreement with Panderim.

4.2. The Principal and / or a with the Principal related company or person will, for the duration of an Agreement and during 12 months (i) subsequent to the end of the Agreement and (ii) subsequent to the end of the License of the Principal respectively Consultant in accordance with article 2.6 of these Terms and Conditions, refrain from using a Consultant, directly or indirectly and in any capacity whatsoever, for the same or similar services, without involving Panderim, or they will pay a replacement fee to Panderim calculated at 60 (sixty) times the Consultant Fee or, in the absence of an agreed Consultant fee, a fee equal to 25,000 (twenty-five thousand) EUR.

4.3. The Consultant undertakes not to accept  an offer in this sense and to immediately notify Panderim in writing in order to not being held liable for the abovementioned compensation.

4.4. However, the limitation or replacement compensation in accordance with this Article will not apply after the term of an Agreement if the Principal makes an offer and the Consultant accepts to work as an employee under an employment contract of indefinite duration with a continuous duration of 12 months.

Article 5 Liability

5.1. Panderim proposes Consultants to Principals and is not liable for the final decision taken by the Principal. The liability of Panderim only applies in case of proven wrongful intent or fraud on the part of PANDERIM and is limited to the Panderim fee received in the last 12 months preceding the harmful event.

5.2. Panderim is not liable for any nor on contractual, nor on non-contractual basis, occurred damage or adverse effects caused by acts, decisions, opinions etc by the Consultant as well as by the Principal. Panderim cannot be held liable in the event of late payment or non-payment of the Consultant Fee by the Principal.

Article 6 Processing of the personal data

6.1. The personal data of the Principal and the Consultant, listed in our privacy policy, will be processed in strict accordance with the applicable law including the provisions of the General Data Protection Regulation 2016/679 (“GDPR”) 27th of April 2016.

6.2. The Consultant as well as the Principal have the right to contact Panderim at any time to ask questions concerning the processing of their personal data. For more explanation concerning the processing of personal data, Panderim refers to the privacy policy on its website.

Article 7 Final provisions

Panderim reserves the right to change and complement these Terms and Conditions at any time. Invalidity of any provision of this agreement shall not affect the remainder of the agreement. In the event one of the provisions of this agreement is deemed to be completely or partially null or void, the validity of the other provisions of these Terms and Conditions will not be affected by this.

Article 8– Applicable legislation and competent court

Belgium law is applicable. In the case a prior amicable solution cannot be found, the courts of Antwerp, division Antwerp shall have jurisdiction.

Article 9 – Language versions of the Terms and Conditions

These Terms and Conditions are made in Dutch and in English. The Dutch language version shall be controlling in all respects and shall prevail in case of any inconsistencies between both language versions, if any.