The following applies to the LINKx website (www.LINKx.be). By using our website, you agree to this disclaimer.

Exclusion of liability

All information on this web page is intended for personal use. No rights can be derived from the information. Changes and typographical errors are reserved. We make every effort to ensure that the information on this web page is as complete and accurate as possible.

We accept no responsibility for damages, in any way caused by the use, incompleteness or inaccuracy of the information provided on this website.

Availability

The information and recommendations on this website can be changed without warning or notification. We make every effort to make this website available as much as possible, but we accept no liability for any consequences of (temporary) unavailability.

Copyrights and intellectual property rights

The copyright of this website is owned by LINKx and/or its affiliated entities or third parties who have made this (visual) material available to us with permission. Reproduction in any form is only allowed after prior permission by LINKx.

LINKx is not responsible for content on files and/or websites linked to this website.

Email correspondence.

The information contained in an e-mail message is intended solely for the addressee. No rights can be derived from the information. Liability arising from incomplete or untimely receipt of a message is excluded. Use by third parties or publication of the message without the consent of LINKx or the addressee is not allowed. We advise you to scan all messages and attachments for viruses before opening them.

For questions and/or inquiries regarding this disclaimer, please contact LINKx.

Delivery conditions

GENERAL PROVISIONS

Article 1 Scope

1. These general terms and conditions apply to all offers made by LINKx, in respect of all services rendered or offered by LINKx and all agreements concluded or to be concluded between LINKx and the other party.

2. Deviations from these general terms and conditions shall be legally valid only if and insofar as such deviations have been agreed upon in writing. No rights may be derived from such deviations with respect to legal relationships entered later.

3. If any provision of these general terms and conditions is null and void or is declared void, the other provisions of these general terms and conditions shall remain in full force and the parties concerned shall consult in order to agree new provisions to replace the null and void or voided provisions, whereby the purpose and purport of the null and void or voided provisions shall be taken into account as much as possible.

4. Applicable is the version of these general terms and conditions in effect at the time the order was made.

5. Applicability of any purchasing conditions or other conditions of the other party is expressly rejected.

Article 2 Formation of agreement

1. Agreements shall be concluded only after they have been confirmed in writing by LINKx or by the signing of an offer by LINKx by the client and LINKx.

2. All assignments from clients shall be considered by LINKx as exclusively given to it. This also applies if it is the express or implied intention that the assignment will be carried out by a specific person.

3. All quotations, including all offers, are without obligation, unless expressly stated otherwise in writing in the quotation. Quotations are valid for a period of 30 days, unless expressly stated otherwise.

4. Quotations of LINKx are based on the information provided by the client at the time of issuing. Client shall, to the best of its knowledge, provide all essential information for the execution of the assignment.

Article 3 Delivery periods

1. All terms for delivery of services shall be determined by LINKx to the best of its knowledge and ability based on the data known or foreseeable to LINKx at the time an offer was made, or the agreement was concluded. Such terms for delivery shall be observed to the extent possible.

2. Merely exceeding the term of delivery shall not cause LINKx to be in default. LINKx shall not be bound by delivery terms that cannot or can no longer be met due to circumstances beyond its control. If there is a danger of any term being exceeded, LINKx shall notify the client as soon as possible and the parties shall consult on the matter.

Article 4 Price and payment

1. All prices are exclusive of sales tax and other taxes imposed by the government.

2. Prices for services do not include travel and accommodation expenses unless expressly stated in the offer or agreement.

3. Declarations will be paid by the Client in accordance with the payment conditions stated in the quotation or on the invoice, respectively. If no specific conditions are stated, a payment term of 14 days shall apply. The Client shall not be entitled to set off its payment obligation against any claim of the Client against the Contractor on any account whatsoever.

4. If client has not paid an amount due within the prescribed period, client shall owe statutory interest on the outstanding amount without any further notice of default being required. If client remains in default of payment after notice of default, the claim may be placed out of hands, in which case client shall, in addition to the total amount then due, also be liable for full compensation of judicial and extrajudicial costs, including all costs calculated by experts in addition to the costs established in court, in connection with the collection of this claim or the exercise of justice otherwise.

5. If client has not paid an amount due within the stipulated period, LINKx may suspend its work on behalf of client after client has been notified thereof. LINKx shall not be liable for any damage resulting from such suspension of work.

6. If in the exclusive opinion of LINKx the creditworthiness of the client gives cause to do so, the client shall provide security at the request of LINKx with respect to the payment of the prospective fee(s).

7. The Contractor reserves the right to adjust rates and prices on an interim basis if it is faced with changes in its cost structure because of generally applicable government measures. In this case, the adjusted rates and prices will be charged to the Client from the moment of change.

8. LINKx is entitled to adjust the rates agreed and charged once a year. Any increase will take place only after prior consultation with the client.

Article 5 Confidentiality

1. The parties are bound to keep confidential all business information, as well as any other information, the confidential nature of which they knew or should have known.

2. The parties shall guarantee compliance with this confidentiality obligation by their own employees. If this requires a special declaration of confidentiality, the parties shall cooperate.

Article 6 Intellectual property

1. The intellectual property rights to all quotations, analyses, models, designs, methodologies, and reports developed or made available pursuant to the execution of the assignment, as well as the preparatory material thereof, shall belong exclusively to LINKx.

2. LINKx shall indemnify Customer against any legal action of third parties due to alleged infringement of intellectual property rights of third parties. This indemnification shall apply only if and insofar as no changes have been made by the Customer to the material, as referred to in paragraph 1, and the indemnification is made known to LINKx immediately after the notification of the alleged infringement. In case of an alleged infringement of intellectual property rights, Client shall cooperate with LINKx in conducting defence.

Article 7 Modification of the agreement

1. Amendments or supplements to the agreement shall be valid only insofar as they have been agreed upon in writing.

2. If the amendment of the Agreement or the supplement thereto results in additional work, LINKx shall provide an estimate of the additional costs to the best of its ability. Client shall decide on the submitted additional costs in a timely manner in any event before the amendment of the agreement is affected. If the amendment of the assignment leads to an adjustment of the time schedule, the client agrees to this.

Article 8 Employee deployment

1. After consultation with the client, LINKx is entitled to replace employees assigned to the execution of the assignment with other employees.

2. LINKx guarantees that the expertise of the employee offered for replacement is of a qualitatively equal or higher level than the level of the employee being replaced. The parties may deviate from this by mutual agreement.

3. In view of its company philosophy, LINKx may, in addition to the employee deployed for the benefit of the client, deploy other employees if the specific expertise of these employees adds value to the execution of the assignment. The deployment of such employees will take place in consultation with the client.

4. Even if the agreement is entered into with a view to performance by a specific person, LINKx shall always be entitled to replace such person by one or more other persons with the same qualifications. Such replacement shall only take place after consultation with the client.

Article 9 Obligations

1. LINKx shall make every effort to perform the assignment with care to the best of its ability, working as much as possible in accordance with the agreements and procedures established with the client.

2. The client shall ensure that all data, which LINKx indicates to be necessary or which the client reasonably understands or should understand to be necessary for the execution of the order, are made available to LINKx in due time in the desired form and manner. If the data required for the execution of the order are not made available in due time in the desired form and manner, LINKx shall be entitled to suspend the execution of the agreement and to charge the client for the additional costs resulting from the delay at the usual rates.

Article 10 Liability

1. LINKx shall only commit a breach of contract vis-à-vis the client if LINKx fails in the performance of the order in a manner that a good professional, equipped with normal professional knowledge and acting with due care, could and should have avoided, all this only after it has been given notice of default in writing by the client, whereby a reasonable time to remedy the breach has been given.

2. LINKx is not liable for the results of its given analyses or for any inference or decision making that takes place based on the given analyses.

3. Liability for damage caused by shortcomings in the execution of the assignment shall be limited to a maximum of the amount of the fee LINKx received from the client for its work within the scope of that assignment. For assignments with a duration of more than six months, a further limitation of the liability referred to here, shall apply to a maximum of the amount of the fee LINKx has received from the client for its work within the scope of that assignment over the last six months preceding the shortcoming.

4. LINKx shall not be liable for any damage, of whatever nature, caused by LINKx’ reliance on incorrect and/or incomplete data provided by the client, unless such incorrectness or incompleteness should have been apparent to it.

5. LINKx shall never be liable to compensate indirect damage suffered by the client, including but not limited to stagnation of activities within the client’s organisation, resulting from or otherwise related to a shortcoming in the performance of the work by LINKx.

6. If damage is caused to persons or property by or in connection with the execution of the assignment or otherwise, for which LINKx is liable, such liability shall be limited to the amount or amounts, to which the general liability insurance taken out by LINKx gives claim including the possible excess borne by LINKx in connection with such insurance.

7. Client shall indemnify LINKx against claims of third parties, including reasonable costs of legal assistance, which are in any way related to the work performed for client.

Article 11 Force Majeure

1. In addition to its definition in the law and case law, force majeure shall include all external causes, whether foreseen or unforeseen, over which LINKx has no influence, and which reasonably prevent LINKx from fulfilling its obligations. Labour strikes and staff shortages in the organisation of the client are included.

2. During force majeure the obligations of the parties shall be suspended. If the period in which fulfilment of obligations by LINKx is not possible due to force majeure lasts longer than 60 days, both parties are entitled to dissolve the contract of assignment in writing without any obligation to pay damages.

3. If LINKx has already partially fulfilled its obligations when force majeure occurs, or can only partially fulfil its obligations, it is entitled to invoice separately the part already performed or the part that can be performed and the client is obliged to pay this invoice.

Article 12 Termination

1. In case either party becomes bankrupt, applies for suspension of payment, or ceases its business operations, the other party has the right to terminate the assignment contract in writing without observing a notice period, all this subject to rights to compensation for damages.

2. The client shall not be permitted to dissolve the agreement solely based on exceeding an established time schedule nor if LINKx fails in the fulfilment of the agreement and has not been offered a reasonable period for rectification.

Article 13 Applicable law and choice of forum

1. This agreement is governed entirely by Belgian law.

2. Disputes that may arise between the client and LINKx concerning the (execution of the) assignment or the interpretation of these general terms and conditions shall be settled by a competent court.

3. A dispute is present if either party so states.

COMMISSION CONTRACT

The provisions mentioned in this section of the general terms and conditions shall apply, in addition to the general provisions of these general terms and conditions, if LINKx and the other party have entered a contract of assignment.

Article 14 Additions to assignment agreement

1. LINKx shall make every effort to perform the services to the best of its ability, where appropriate in accordance with the arrangements and procedures established with the other party.

2. If it has been agreed that the services will be provided in stages, LINKx shall be entitled to postpone the commencement of the services belonging to a subsequent stage until client has approved in writing the results of the preceding stage.

3. Only if expressly agreed in writing, LINKx shall be obliged to follow timely and responsible instructions given by the client in the performance of the services. LINKx shall not be obliged to follow instructions that change or supplement the contents or scope of the agreed services; however, if such instructions are followed, amendment or supplementation of the agreement shall take place as described in article 7 of these General Terms and Conditions.

4. If at the request or with the prior consent of the client LINKx has performed work or other performance that falls outside the content or scope of the agreed services, such work or performance shall be reimbursed by the client to LINKx in accordance with LINKx’s usual rates.

5. Client accepts, that work, or performance as referred to in the previous paragraph may affect the agreed or expected time of completion of services and the mutual responsibilities of client and LINKx.

6. Insofar as a fixed price has been agreed for the provision of services and the parties intend to enter into a separate agreement with respect to additional work or performances, LINKx shall inform client in writing in advance of the financial consequences of such additional work or performances.

EDUCATION, COURSES AND/OR TRAINING

In addition to the general provisions of these general terms and conditions, the provisions mentioned in this section of the general terms and conditions shall apply if LINKx and the other party have entered into an agreement to provide education, courses, or training.

Article 15 Supplements education, courses and/or training

1. IIf in the opinion of LINKx the number of registrations gives reason to do so, LINKx is entitled to combine an education, course, or training with one or more education, courses, or trainings, or to have them take place at a later date or time.

2. LINKx is entitled to change scheduled dates for trainings, courses, and education up to 14 days before the respective event. Such change shall take place after prior notification to the participants.

3. In case of cancellation by the participant of an education, course, or training more than 30 days before the start of the first education or training day, € 125, – administration costs will be charged. In case of cancellation within 30 days before the start of the first training day, 50% of the course fee will be charged. If cancelled within 5 days before the start of the first education or training day, 80% of the course fee will be charged. In case of cancellation within 24 hours or after the start of the education or training or in case of no-show without cancellation, the full course fee will be charged. In all cases, after consultation with LINKx, a substitute with the same training requirement may be sent.

4. Notwithstanding the provisions of the third paragraph, in the case of a customised training course, the reasonable costs of developing the training course shall be reimbursed by the client or the training participant.

RECRUITMENT AND SELECTION

The provisions set forth in this section of the general terms and conditions, in addition to the general provisions of these general terms and conditions, shall apply to all assignments, offers and agreements concerning the recruitment and selection of workers by LINKx for the client.

Article 16 Assignment

1. An assignment for recruitment and selection involves the assignment to recruit and select a worker with the aim of establishing a direct employment relationship between this worker and the client. The client and LINKx shall draw up a written ‘confirmation of assignment’ for each assignment.

2. A recruitment and selection assignment ends when the client accepts the proposed worker or by the expiration of the maximum duration of the assignment agreed between the parties.

Article 17 Required data and obligation LINKx

The client shall provide LINKx with all necessary data required for recruitment and selection. LINKx shall make every effort to select, to the best of its ability and based on the information provided by the client, at least two workers who meet the requirements and expectations of the client to the greatest extent possible, within 4 weeks (unless a different term is agreed in the order confirmation) after the client has signed the order confirmation for approval.

Article 18 Secrecy and confidentiality

1. LINKx undertakes to keep confidential all information received within the scope of the assignment concerning the client’s company, which it may suspect to be of a confidential nature.

2. Candidate data shall be treated confidentially by the client and shall not be disclosed to third parties.

Article 19 Non-discrimination

Every candidate has equal opportunities in the recruitment and selection work of LINKx, regardless of age, gender, marital status, sexual orientation, life or religious beliefs, political choice, race, ethnic origin, or nationality, all without prejudice to the objective and real job requirements and provided that the candidate complies with the assignment in principle.

Article 20 Choice of labour

1. The client is responsible for his final choice of a labourer.

2. LINKx shall not be liable if the labour force turns out not to meet the requirements or expectations of the client, unless this is the demonstrable result of acts or omissions of LINKx in violation of the provisions of article

3. Any liability of LINKx in such case shall be limited to the direct damage of the client and to a maximum of the mediation fee charged or to be charged to the client in connection with the assignment.

4. LINKx can never be held liable for damage and/or losses, including consequential damage, resulting from acts and/or omissions of a candidate introduced by LINKx with whom the client has entered an employment relationship of any kind, either directly for itself and/or through third parties or for third parties, (partly) because of LINKx performing the assignment.

Article 21 Compensation

1. The client shall owe LINKx a mediation fee for the recruitment and selection assignment amounting to 25% of the gross annual income with a minimum fee of € 7,500. The fee is calculated over the gross annual income including vacation pay, gratuity and/or fixed profit sharing, as in effect on the date of employment and subject to a minimum fee as mentioned above. The mediation fee is due the moment that the client enters an employment relationship of whatever nature with the worker for himself, through and/or for third parties.

2. All amounts are exclusive of VAT.

3. The client shall not owe the mediation fee if LINKx has failed to select a suitable worker within the period agreed between the parties. The agreed recruitment fee shall be always due.

4. If, during the probationary period of the employment relationship, the labour force terminates the employment relationship of his/her own accord or if it is demonstrably shown that the labour force is not suitable for the intended position, LINKx shall recruit and select a replacement labour force, without any mediation fee being payable by the client. However, the recruitment fee will be due. In all other cases where the employment relationship ends during or after the probationary period, the client shall remain liable for the mediation fee referred to in paragraph 1 without prejudice.

Article 22 Withdrawal and modification of a commission

1. If the client withdraws or terminates the recruitment and selection assignment before a worker has been accepted or before the maximum duration of the assignment agreed between the parties has expired, LINKx shall be entitled to charge the client a fixed amount of € 3,000, as well as the recruitment costs incurred by LINKx.

2. If the client modifies elements of the recruitment and selection assignment in such a way that, in the opinion of LINKx, there is a new assignment, before a worker has been accepted or before the maximum duration of the assignment agreed between the parties has expired, LINKx shall be entitled to charge the client a fixed amount of € 1,500 as well as the recruitment costs incurred by LINKx.

Article 23 Payment

1. Unless otherwise agreed in writing, the client shall be required to pay LINKx’s invoices within 14 days of the invoice date.

2. After the expiry of the period mentioned in paragraph 1, the client shall be in default without notice of default being required. From that time, the client shall owe interest of 1.5% per month on the outstanding amount. Part of a month shall be counted as a full month.

3. Both judicial and extrajudicial costs relating to the collection and recovery of payments not paid on time shall be borne by the client. The compensation in respect of extrajudicial collection costs is set at a minimum of 15% of the principal sum due.

Article 24 Competition and indemnification

1. The client is not permitted to enter an employment relationship with a candidate proposed by LINKx and initially rejected by the client, directly or through third parties, or to be employed directly or indirectly, without LINKx’s consent, for a period of one year after the termination of an assignment.

2. If the client violates the prohibition mentioned in paragraph 1, he shall with immediate effect owe compensation to LINKx in the amount of the mediation fee referred to in Article 21.

INTERIM ASSIGNMENTS

In addition to the general provisions of these general terms and conditions, the provisions set forth in this section of the general terms and conditions shall apply to all assignments, offers and agreements regarding interim assignments to be performed by LINKx for the client.

Article 25 Working days/times

The working days and working hours will be determined in consultation with the client, depending on the work.

Article 26 Time Reporting

A timekeeping form (weekly statement) must be maintained weekly and signed for approval by the superior of employee(s) involved. The original of this will be attached to the invoice.

Article 27 Sick leave

Illness notifications will be given by 9:30 a.m. if possible.

Article 28 Technical information and specifications

1. The information, drawings, calculations, specifications, company data and copies thereof provided to LINKx, or its employees shall remain the property of the client.

2. LINKx shall use the data provided exclusively for the work and shall not show, disclose, or make available to third parties without written consent.

3. If requested, LINKx and its staff will sign a confidentiality agreement.

4. LINKx undertakes that during the term of the agreement the personnel employed, shall not perform work for any other client, nor indirectly, without knowledge and written consent.

Article 29 Indemnification

1. LINKx undertakes to indemnify and compensate the client for the consequences of non-compliance with legal obligations, with respect to its personnel and / or third parties, however, subject to liabilities resulting from industrial accidents.

Article 30 Liability insurance

LINKx has taken out business liability insurance for its staff, which will cover an amount if there is gross negligence or fault.

Article 31 Claims

Complaints should be made in writing within eight days of the invoice date and should be accompanied by any evidence, such as signed time sheets, et cetera. Discussion of signed time sheets is only possible if the employee concerned is still employed by LINKx, as otherwise recourse or defence is usually impossible.

Article 32 Termination

Termination shall be subject to a notice period of at least 2 weeks. If the employee concerned has performed work for the project in question for more than six consecutive months, the notice period will be extended by 1 week for every 6 months, up to a maximum of 2 months. This clause applies to both the client and LINKx.

Article 33 Acquisition of personnel

It is not permitted without written permission to offer the staff member made available regarding this agreement, during or within 1 year after the end of this agreement, directly or indirectly, any other employment. Or to cooperate in this, so that the staff member in question will continue to perform work for the Client or its affiliated companies.

Article 34 Accountability

LINKx cannot be held liable for any goods, services or tools provided by the client to employees of LINKx without its written consent thereto. Without the express consent of the client, the client shall not be responsible for any goods or tools provided by LINKx to its employees.