Terms and conditions Colorcrew B.V.
Before we start our journey together, let’s ensure we are on the same page.
These are the general terms and conditions (the Terms) of Colorcrew B.V. (registered with trade register number 86930222) (us or we).
We are an agency specialized in recruitment and selection and placement of staff members, all being – or trained to be – experts in promotional-, selling and advising activities in beauty, retail and events at various locations on a temporary- or long-term basis. Please take a look at our website for more information.
We offer all our services on the condition that these Terms are accepted. Excluding any conditions or stipulations of third parties, these Terms apply to all offers, agreements, and other dealings from us. If these Terms conflict with your terms, our terms shall prevail and are decisive. We may amend these Terms. The latest version of the Terms always applies on services provided by us. The latest version of the Terms is available on our website and at the Dutch Chamber of Commerce.
1. Definitions and interpretation
Capitalized words and expressions used in these Terms shall have the meaning ascribed thereto below.
– Activities: promotional-, selling and advising activities in beauty and retail at various locations and at various events.
– Agreement: each agreement established between you and us at the time that you accept and/or execute an Offer and these Terms, including any amendment or supplement thereto.
– Assignment: each individual assignment on which a Crew Member must perform Activities on a specific date and time and at a specific place requested by you and for your benefit.
– Candidate: any natural person, proposed by us to you, who has the intention to enter into an employment agreement with you.
– Crew Member: any natural person, trained by us in being an expert in performing the Activities and who performs or will perform the Activities for your benefit through us as intermediary, as a self-employed person or as our employee.
– Marketing Materials: any products designed to market your company and your products and services to potential customers, such as workstations, samples, posters and flyers.
– Offer: an offer which contains a detailed description and the terms and conditions of the requested Services and/or Recruitment and Selection Services and the applicable fees. Unless explicitly stated otherwise, each Offer will be valid for 30 days.
– Party: you and us, each a party to the Agreement.
– Ratecard: a ratecard which includes a complete overview of applicable fees to the Services.
– Recruitment and Selection Services: all services regarding recruiting and/or selecting Candidates for direct employment at your organization.
– Services: all services to be supplied by or on our behalf, such as (i) providing you with one or more Crew Members (ii) train Crew Members, Candidates or any of your employees or contractors in being an expert in performing the Activities and (iii) design, create and/or produce Marketing Materials and/or arrange transportation and/or storage of Marketing Materials.
2. How it works – Crew Members
2.1. If Crew Members are needed, you can contact us by email or telephone and provide us with complete and detailed information, including but not limited to working times, working hours and working location. If there are any special requests, please let us know.
2.2. You can give your requirements and preferences regarding a specific Crew Member and we will do our very best to honor your request, but we cannot guarantee that this will always be possible. We are also dependent on the availability of Crew Members and their wishes, but we will always make maximum efforts to provide you with the best suitable Crew Members.
2.3. We provide you with an Offer for the requested Assignment.
2.4. You confirm the Offer by a written confirmation and provide us directly with a purchase order number, if applicable. If we do not receive a written confirmation, the start of an Assignment is to be considered as an implicit confirmation from you.
2.5. Any requests by you that deviate from the Offer are only valid with our prior written approval.
2.6. All Crew Members are instructed and/or trained by us on how to correctly perform the Activities.
2.7. You may reasonably expect a Crew Member to properly execute each Assignment. If you are not satisfied with the performance of a Crew Member, please inform us promptly, but ultimately within 1 business day after the starting date of the Assignment. We will come with a proper solution acceptable to both you and us.
3. Employment or service agreement between you and Crew Member
3.1. If you are intended to enter into an employment agreement (arbeidsovereenkomst) or a service agreement (overeenkomst van opdracht) with any Crew Member, you must inform us in writing before acting on this intention. For our efforts of providing you with the Crew Member you owe us a remuneration fee (regardless of whether you enter into a full-time or part-time agreement with the Crew Member), as included in the Ratecard.
3.2. If you enter into an employment agreement or a service agreement with a Crew Member and the Crew Member has performed Activities for your benefit through us as intermediary less than 1040 hours, the applicable remuneration fee as included in the Ratecard will be multiplied by two.
3.3. We have the right to fix a different remuneration regulation for specific Crew Members.
3.4. You are prohibited to let Crew Members perform work corresponding to the Activities via another employment agency.
4. Fees for Services
4.1. All applicable fees for Services are included in the Ratecard. All fees are excluding VAT. Wage costs, social security contribution etc. are included in the fees.
4.2. If you cancel or amend the Assignment less than five days prior to the starting date of the Assignment, you will be charged with a cancellation or amendment fee. The cancellation and amendment fee are included in the Ratecard.
4.3. We may amend the fees included in the Ratecard each year on 1 January. We are also authorized to amend the fees at any time in case of indexation and unforeseen circumstances. We will inform you directly of any amendments. The amended fees are only applicable to new Services and Services that have not yet been performed.
4.4. Any discounts granted by us in the past do not automatically apply to future Services.
4.5. If a Crew Member cannot perform in case of unforeseen circumstances, we will do everything to provide you with another Crew Member. If this is not possible, you will not be charged. We cannot be held liable for any damages this might cause.
5. How it works – Recruitment and Selection
5.1. If employees are needed, you can contact us by email or telephone and provide us with complete and detailed information, including an accurate job description, required and preferred qualifications, salary indication, working times, scope of work, working location and working conditions. If there are any other special requests, please let us know.
5.2. We provide you with an Offer for the requested Recruitment and Selection Services.
5.3. You confirm the Offer by a written confirmation and provide us directly with a purchase order number, if applicable.
5.4. We will make maximum efforts to find you the best suitable Candidate who is aiming to directly enter into an employment agreement with you. We cannot give any guarantees, because we are also dependent on the Candidates, their availability, and their wishes.
5.5. We will determine which Candidates to propose to you. We may also propose potentially suitable Candidates to you on our own initiative, without a request from your side.
5.6. If our efforts lead to an employment agreement between you and the Candidate, you pay a one-time fee. This fee will be included in the Offer.
5.7. If you or the Candidate terminates the employment agreement within one month after entering into the agreement, we have the right to fulfill the Agreement and recruit and select another suitable Candidate for you.
5.8. The fee is only payable if you or a third party designated by you actually enters into an employment agreement with our proposed Candidate. The fee is also payable if you initially reject our Candidate but employ the Candidate within two years after our proposal.
5.9. If you terminate the Agreement and we already performed Recruitment and Selection Services on your behalf, we have the right to charge you with a cancellation fee, which – if applicable – will be included in the Offer.
5.10. Any discounts granted by us in the past do not automatically apply to future Recruitment and Selection Services.
6. How it works – Marketing Materials
6.1. You are having an event or promotional campaign and want to work with Marketing Materials to support promote your products. In such case there are two options:
i. you have your own Marketing Materials and wish us to arrange the transportation and/or the storage of the Marketing Materials; or
ii. you do not have your own Marketing Materials and wish us to design, create and/or produce this, and also have us arrange the transportation and/or the storage of the Marketing Materials provided by us.
In both situations you can contact us by email or telephone, and you provide us with complete and detailed information on your request, including what you need and when you need it. If there are any other special requests, please let us know.
6.2. We provide you with an Offer for the requested Marketing Materials.
6.3. You confirm the Offer by a written confirmation and provide us directly with a purchase order number, if applicable.
6.4. We will make maximum efforts to design, create and/or produce the requested Marketing Materials conform your request. If this does not meet your requirements and expectations, we will come with a proper solution acceptable to both you and us.
6.5. Each Party will make maximum efforts to make sure the transportation and the storage of the Marketing Materials will run smoothly and can get in time at the right place.
7. Invoice and payment
7.1. We will invoice you for the Services on a monthly basis.
7.2. The fee for Recruitment and Selection Services will be invoiced directly after you have entered into an employment agreement with the Candidate, unless agreed otherwise.
7.3. You will pay the invoice within 30 days, starting from invoice date.
7.4. In the event that you do not agree on the invoice or on an aspect of it, you inform us by email (finance@colorcrew.nl) within 30 days from invoice date. If you do not dispute the invoice within this period, the invoice is considered to be accepted by you.
7.5. We will inform you if we require an advance payment from you of 50% of the Offer. The amount of the advance payment will be settled with the next invoice you receive from us.
7.6. If an invoice is not paid within the payment term, the statutory interest shall be due.
7.7. In case of non-payment after a demand for payment, you shall compensate us for all judicial and extra judicial collection costs. These shall be deemed to amount to at least 15% of the amount of the invoice.
7.8. In case an invoice or advance payment is not paid within the payment term, we will give you a heads up that we will suspend our Services and/or Recruitment and Selection Services. We shall not be liable for any damages resulting from such suspension of Services and/or Recruitment and Selection Services.
8. Term and termination
8.1. We will enter into an Agreement for an indefinite period, unless agreed otherwise.
8.2. An Agreement for Services can be terminated in writing by each Party, with a notice period of two months.
8.3. An Agreement for Recruitment and Selection Services can be terminated in writing by each Party at any time, taking into account the cancellation fee – if applicable – included in clause 5.9 of these Terms.
8.4. We may terminate (ontbinden) any Agreement with immediate effect, without any notice being required and without being liable for any damages as a result of the termination if you (if applicable):
a) are granted a suspension of payments (surséance van betaling) or are declared bankrupt (failliet); and/or
b) do not comply with your obligations pursuant to these Terms and/or the Agreement and fail to remedy your non-compliance within 14 days after we send you a written notice.
8.5. For the avoidance of doubt, Parties expressly agree that clause 7:408 section 1 Dutch Civil Code is not applicable.
8.6. If an Agreement is terminated any provisions of the Agreement and these Terms which are intended by the Parties or in its nature to survive such termination shall continue in force thereafter. This includes in any event each Party’s obligations under clauses 10 (confidentiality) 11 (intellectual property) and 13 (governing law and jurisdiction) of these Terms.
9. Warranties and liability
9.1. You shall ensure the safety of Crew Members, which includes providing a safe workplace for Crew Members.
9.2. You will be liable for damage suffered by a Crew Member if the damage was caused during performance of the Assignment.
9.3. You shall not make Crew Members and/or Candidates that have not yet entered into an employment agreement with you, available to any third party without our prior written approval.
9.4. Crew Members and/or Candidates do not have any authority to represent or legally bind us in any shape or form. Any promises made by a Crew Member and/or Candidate is only valid after our written confirmation.
9.5. We warrant to perform the Services and Recruitment and Selection Services using reasonable skill, care, diligence and warrant to ensure the careful professional execution of the Services and Recruitment and Selection Services but are not liable for damage relating to the placement of Crew Members and/or Candidates who prove not to meet your requirements and expectations, unless such damage is demonstrably the direct consequence of attributable shortcomings in our selection.
9.6. We will always instruct Crew Members to work in accordance with our training and instructions and arrive on time at the requested location, but we cannot be held liable for external circumstances that make it impossible for Crew Members to meet these requirements.
9.7. We will not be liable for consequential loss (gevolgschade) and indirect damage (indirecte schade), including but not limited to loss of earnings, penalties, damage through loss of or damage to data or reputational damage.
9.8. We will not be liable towards you for any acts or omissions in connection with the Services and Recruitment and Selection Services and/or performance of the Assignment, except insofar as this liability is the result of our willful intent or gross negligence (opzet of bewuste roekeloosheid).
9.9. You shall indemnify us and shall hold us harmless from any and all third-party claims relating to and in connection with the Services and Recruitment and Selection Services and/or the performance of the Assignment.
9.10. We assume no responsibility under the Agreement, other than to perform the Services and Recruitment and Selection Services in good faith and we will not be responsible for any of your actions in following or declining to follow any of our advice or recommendation.
9.11. Parties hereby recognize and agree that the effectiveness of the Services, the Recruitment and Selection Services and the performance of the Assignment and the success of any actions undertaken by you in response thereto are not guaranteed or warranted by us in any respect whatsoever.
9.12. We are not liable for any damages caused to Marketing Materials owned by you, during the period that it was placed under our care, except insofar as this damage is the result of our willful intent or gross negligence (opzet of bewuste roekeloosheid).
9.13. We are not liable for any damages caused to any Marketing Materials due to external circumstances which are beyond our control.
9.14. We are not held to our obligations under the Agreement in case of force majeure, being circumstances, which are independent of the will of the Parties.
9.15. Our liability arising from the Services and/or Recruitment and Selection Services is limited in aggregate to the amount paid out, if any, under our insurance policy, plus the applicable deductible (eigen risico).
9.16. In any event, a claim under this article will be unenforceable, unless we receive written notice to this effect no later than one year after the discovery of an event or circumstance that gives or may give rise to the claim.
10. Confidentiality
10.1. Confidential information is all information and documents (whether provided in writing or verbally) relating to a Party which it has been indicated in writing that it should be held confidential or of which Parties could reasonably understand that it is confidential of nature, which will in any event include but not be limited to (a) the content of an Agreement or an Offer, (b) information and documents relating to know how and intellectual property rights of a Party, (c) all financial information relating to a Party, and (d) all commercial information relating to a Party.
10.2. Parties shall not disclose any confidential information to any person and shall always keep such information strictly confidential, unless (i) the information was already in the public domain, (ii) disclosure of the information is strictly required in order to properly perform the Services, (iii)
disclosure is required by law or by any order made by a court or competent jurisdiction or by a regulatory or other authority or (iv) the information is required by professional advisors of a Party.
11. Intellectual property rights
11.1. Intellectual property rights are all current and future, registered and unregistered, intellectual property rights, worldwide, including, but not limited to: patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, rights to source code, object code and accompanying technical documentation, URL’s and web addresses, know-how, ownership rights and procedures, databases, data collections and any rights therein.
11.2. All intellectual property rights vesting in and related to our Services, Recruitment and Selection Services, Website, our texts, photographs, images and other Marketing Materials are exclusively owned by us. You may not infringe these intellectual property rights.
12. Miscellaneous
12.1. No Party shall assign or transfer any of its rights or obligations under these Terms or under the Agreement, without the prior written consent of the other Party.
12.2. The invalidity or unenforceability of any provision of these Terms or the Agreement shall not affect any other provisions of these Terms or the Agreement. Any such invalid or unenforceable provision shall be replaced or, insofar possible under applicable law deemed to be replaced by a valid and enforceable provision which differs as little as possible from the invalid or unenforceable provision and reflects the intent of the invalid or unenforceable provision.
12.3. If we do not always require strict compliance with these Terms and/or the Agreement, this does not mean that the provisions do not apply, or that we would in any way lose the right to require strict compliance with the provisions of these Terms and/or the Agreement in other cases.
12.4. Unless explicitly stated otherwise, the English language used in these Terms intend to describe Dutch legal concepts only. In case of conflict between Dutch legal concepts and the English description thereof as used in these Terms, the Dutch text and/or its meaning under Dutch law will prevail.
13. Governing law and jurisdiction
13.1. These Terms and all Agreements including any matter, claim or dispute arising in connection therewith is exclusively governed by Dutch law.
13.2. Any dispute resulting from or arising in connection with these Terms or the Agreement that cannot be settled in an amicably fashion shall be submitted to the competent court in North-Holland, location Alkmaar.
Thanks for reading through, we know it’s a tough tekst.<3 Team ColorCrew