Privacy policy

Article 1 – Definitions

In these general terms and conditions, the following terms shall have the following meanings:

Motus People: the company Motus People B.V., which focuses on employment mediation and/or the secondment of technical personnel, and which is established in Waalre and registered in the Chamber of Commerce register under number 85778656;
Hireer: Any natural or legal person who obtains temporary workers through the intermediary of a temporary employment agency;
Client: any natural or legal person who makes use of the services of Motus People;
Hiring Agreement: the agreement between a temporary employment agency and a hirer on the basis of which a temporary worker will perform work for the benefit of that hirer through the intermediary of that temporary employment agency;
Hireer Rate: the hourly amount that the hirer owes to Motus People for the provision of the temporary worker;
Temporary Worker: any natural person who performs or will perform work for the benefit of a hirer through the intermediary of a temporary employment agency; Temporary Employment Agreement: the employment contract whereby the temporary worker is made available by Motus People to a Client to perform work under the supervision and direction of that Client, pursuant to a hiring agreement concluded by the Client with Motus People;
Provision of Work: the employment of a Temporary Worker with the Client within the framework of an assignment;
CLA: the applicable, always in force, CLA.ABU;
General Terms and Conditions: the present general terms and conditions.

Article 2 – Applicability and Amendment

These general terms and conditions describe the conditions under which Motus People carries out its activities as a recruitment and temporary employment agency and apply to every agreement, offer, quotation, assignment, follow-up assignment, amended assignment and/or additional assignment to Motus People and/or to persons who are or were working for the benefit of Motus People, unless otherwise agreed in writing prior to the conclusion of the relevant agreement or legal relationship.
In the event of a conflict between the provisions of the Hiring Agreement and these General Terms and Conditions, the Hiring Agreement shall prevail.
If these General Terms and Conditions have once applied to a legal relationship between Motus People and the Hirer, the Hirer shall be deemed to have agreed in advance to the applicability of the General Terms and Conditions to agreements subsequently concluded and to be concluded, including amendments and additions to the General Terms and Conditions.
Motus People is authorized to amend these General Terms and Conditions.
The applicability of general terms and conditions referred to by the Hirer is expressly excluded.

Article 3 – Quotations and offers

Motus People may make use of quotations and offers, in which the validity period shall always be stated. All quotations from Motus People are entirely without obligation.

Article 4 – The Hire Agreement

A Hire Agreement is concluded between Motus People and the Hirer after this agreement has been confirmed by both parties. The Hire Agreement may also be concluded after the Hirer has given written consent to the quotation issued by Motus People or after the Temporary Worker has commenced his work.
If reservations or modifications relative to the offer/quotation are made in the acceptance, the agreement shall, notwithstanding the provisions of paragraph 1, only be concluded if Motus People has notified the Hirer that it agrees to these deviations from the quotation.
Only Motus People shall be considered the contractual counterparty vis-à-vis the Hirer or User.
Motus People reserves the right to reject an agreement without giving reasons.
Motus People is not bound by verbal agreements unless these have been confirmed in writing by Motus People.
The Hire Agreement entered into for a fixed term terminates automatically at the end of the period for which it was entered into. This agreement cannot be terminated prematurely, unless the parties agree otherwise in writing;
The Hire Agreement for an indefinite period may be terminated at any time by means of written notice, unless the parties agree otherwise in writing. In the event of termination of the agreement, a minimum notice period of one calendar month applies. In the event of termination of an Assignment where the Provision has lasted six months or longer, a minimum notice period of one calendar month applies. Termination must be effected by registered letter.

Article 5 – Amendment of the Assignment

Motus People has the right to make changes to the original Secondment Agreement. If, during the execution of the Secondment Agreement, it becomes apparent that it is necessary to amend or supplement the agreement, Motus People will inform the Hirer of this in a timely manner. Continued use of Motus People’s services shall be deemed acceptance of the changes.

All changes resulting from the introduction of a new Collective Labour Agreement (CLA) and/or other legislation and regulations must be applied by Motus People and will be incorporated into/amended in the agreement and charged to the Hirer. This also applies to other (future) changes to legislation and CLAs.

By accepting these terms and conditions, the Hirer agrees in advance that these General Terms and Conditions may be unilaterally amended as a result of the new CLA and/or other legislation and regulations.

Article 6 – The Provision

The agreements applicable between the Client and Motus People regarding the provision of the

Temporary Worker are recorded in the Hiring Agreement. The duration of the provision of the temporary worker is stated in the Hiring Agreement and, if this is not yet clear in advance, as accurate an estimate thereof as possible. To the extent possible and desirable, the start and end dates of the provision, the number of hours to be worked, the notice period, and the employment conditions of the temporary worker are further recorded therein;

The Provision commences on the date stated in the Assignment. In the absence of a (written) Assignment, the Provision is deemed to have been entered into on the date that the Temporary Worker commences his work at the Client.

Motus People is entitled, but not obliged, to provide a replacement Temporary Worker for the remaining duration of the Hiring Agreement upon termination of the Provision during the term of the Hiring Agreement. In the event of termination of the Assignment, for whatever reason, Motus People is not obliged to arrange for the replacement of the Temporary Worker.

Motus People is not in attributable default towards the Client and is not obliged to compensate the Client for any damage or costs if Motus People is permitted to replace or reinstate a Temporary Worker but fails to replace or reinstate them for any reason whatsoever. In that case, the Client is also not obliged to pay the Client rate, unless the cause for the failure to replace or reinstate the Temporary Worker is attributable to the Client.

Article 7 – Employment Agreement with the Temporary Worker

The Client, who intends to enter into an employment relationship with the Temporary Worker, shall notify Motus People of this in writing in a timely manner before the Client implements this intention.

The Client shall not enter into an employment relationship with a Temporary Worker as long as the Temporary Employment Agreement between the Temporary Worker and Motus People has not been validly terminated. Only after the termination of the Secondment Agreement is the Hirer entitled to take over the Temporary Worker from Motus People and to conclude an employment contract with him directly. The Hirer is not permitted to conclude an employment contract directly with the Temporary Worker before the termination of the Secondment Agreement, or otherwise have him perform work for him.

The Hirer must inform Motus People of the intended takeover of the Temporary Worker at least one calendar month prior to the intended takeover.

The Hirer is not permitted to approach the Temporary Worker in order to induce him to enter into employment with the Hirer, for a period of six months after the Hirer has rejected the Temporary Worker via Motus People or has terminated the Secondment before the end of the Secondment Agreement.

For the purposes of this article, entering into an employment relationship is also understood to mean:

concluding an employment contract for the same or different work;
concluding a contract for services for the same or different work;
concluding a contract for the performance of the same or different work;
appointment as a civil servant for the same or different work;
having the relevant employee made available to the hirer by a third party for the same or different work and;
entering into any employment relationship by the employee with a third party for the same or different work, whereby the hirer and that third party are connected within a group or where one is a subsidiary of the other.

Article 8 – Execution of the Agreement

The Hirer shall ensure that all data, including, but not limited to, information and documentation, which Motus People indicates are necessary or which the Hirer ought reasonably to understand are necessary for the execution of the Hire Agreement, are provided to Motus People in a timely manner.
If the data required for the execution of the Agreement are not provided to Motus People in a timely manner, Motus People has the right to suspend the execution of the Hire Agreement and/or to charge the additional costs arising from the delay to the Hirer in accordance with Motus People’s then-applicable hourly rates.
Motus People is not liable for damages of any nature whatsoever resulting from Motus People relying on incorrect and/or incomplete data provided by the Hirer, unless such inaccuracy or incompleteness should have been apparent to Motus People.
The applicable ABU collective labor agreement applies (whether directly or indirectly) to the services provided.
Motus People is entitled to engage third parties in the execution of the assignment if it deems this necessary. Motus People is not liable for any shortcomings of this third party(ies).
The Hirer grants Motus People prior permission to provide data relevant to this third party(ies).
A timeframe specified by Motus People for the completion of the Agreement is indicative only and therefore does not constitute a firm deadline, unless the nature or content of the Agreement indicates otherwise.
If, at the request of the Hirer, Motus People must perform other and thereby additional work (additional work) that falls outside the scope of the Hirership Agreement, Motus People will invoice this work to the Hirer based on subsequent calculation using the hourly rates applicable at that time, unless otherwise agreed in writing.

Article 9 – Obligations of the Hirer

The Hirer acknowledges that he is considered an employer under the Working Conditions Act.
The Hirer shall arrange and maintain the premises, machinery, and tools in or with which it allows the Temporary Worker to perform work in such a manner, and take such measures and provide such instructions for the performance of the Temporary Worker’s work, as are reasonably necessary to prevent the Temporary Worker from suffering damage in the broadest sense of the word while performing his work. The Hirer expressly declares that it is familiar with the application of Article 7:658 of the Dutch Civil Code (in particular Article 7:658 paragraph 4 of the Dutch Civil Code), as well as with the obligations arising for it from the Working Conditions Act and related regulations with respect to Temporary Workers.
Before the start of the temporary employment, the Hirer shall provide Motus People and also the Temporary Worker with information regarding the professional qualifications required of the Temporary Worker, as well as a document containing the specific characteristics of the workplace to be occupied. The Hirer shall provide the Temporary Worker with active information regarding the risk inventory and evaluation (RI&E) used within its company.
If the Temporary Worker suffers a work-related accident or an occupational disease (Art. 7:658 BW), the Client shall, if and to the extent required by law, notify the competent authorities thereof without delay and ensure that a report is drawn up immediately. In this report, the circumstances of the accident shall be recorded in such a manner that it can be determined with a reasonable degree of certainty whether and to what extent the accident is the result of insufficient measures having been taken to prevent such a work-related accident or occupational disease. The Client shall inform Motus People as soon as possible of any work-related accident or occupational disease and provide Motus People with a copy of the report.
If the Temporary Worker dies or sustains (serious and permanent) injury, the Client shall, with due observance of the provisions of Articles 6:107 to 6:108 BW inclusive, compensate the damage to the person or persons referred to in these articles.
The Hirer shall compensate the Temporary Worker for all damage suffered by the Temporary Worker in the context of the performance of the work, if and to the extent that the Hirer and/or Motus People is liable for such damage.
The Hirer indemnifies Motus People against all claims or demands by the Temporary Worker or third parties based on this article. The Hirer shall adequately insure itself against liability based on the provisions of this article. At the request of Motus People, the Hirer shall provide proof of insurance.

Article 10 – Confidentiality

The Hirer undertakes to treat all data and documents relating to the Hiring Agreement, which can reasonably be considered confidential and secret, as such. Motus People is not liable for breaches of confidentiality by persons in its service if Motus People can demonstrate that such breach could not have been prevented by it.
The Hirer shall comply with its duty to inform Temporary Workers and shall in any event notify Temporary Workers of the categories of personal data processed by the Hirer, the manner in which, when, and for what purposes the data are processed. The Hirer indemnifies Motus People against any resulting damage or liability, including fines.
Where the Hirer bears its own responsibility for the processing of personal data of Temporary Workers, the Hirer is expressly responsible for compliance with its legal obligations under applicable privacy legislation. The Hirer indemnifies Motus People against any resulting damage or liability, including fines.
If necessary for Motus People to comply with legal obligations based on applicable privacy legislation, the Hirer shall provide full cooperation to Motus People in this regard, such as when a Temporary Worker submits a request to exercise his or her right to removal.

Article 11 – Invoicing and payment

Unless stated otherwise, the prices quoted by Motus People are expressed in euros.
Unless otherwise agreed, the agreements regarding remuneration and invoicing as included in the Hiring Agreement shall prevail.
Motus People is entitled to adjust the applicable hourly rates as of January 1 of each year. From the time the new rates apply, the new rates will also be charged in ongoing cases from that moment onwards.
Rate changes resulting from collective labor agreement obligations and changes in or pursuant to legislation and regulations, such as tax and social legislation and regulations, shall be passed on to the hirer effective from the time of such changes and shall be due accordingly by the hirer, even if these changes occur during the term of a hiring agreement.
The payment term for invoices from Motus People is 14 days after the invoice date, unless otherwise agreed.
Only payments made to the employer are considered valid. Payments to the employee or the provision of advances to the employee are non-binding.
Any objection to the amount of an invoice must be communicated to the employer in writing, stating the reasons, within 14 days of the invoice date. If no objection or justification thereof is received within the specified period, the hirer shall be deemed to have agreed to the amount of the invoice. An objection does not release the hirer from their obligation to pay the invoice, unless the employer confirms this in writing. If the Hirer fails to pay the full invoice within this period, Motus People will send the Hirer a one-time payment reminder, containing a period of 14 days to pay the invoice.
If payment is not made within the stated payment term, or if the collection is cancelled without valid reason and payment is not made within 7 days, the Hirer shall be in default by operation of law and shall owe statutory interest on the outstanding invoice, without any reminder or notice of default being required, without prejudice to Motus People’s right to immediately claim the amount due, together with interest and costs of extrajudicial or judicial collection. The costs of extrajudicial collection shall be determined between the parties by means of the Decree on the Reimbursement of Extrajudicial Collection Costs, which entered into force on July 1, 2012;
If the Hirer is in default of payment, Motus People has the right to terminate the Provision of Services with immediate effect, without being liable for any damages resulting therefrom. Any judicial and extrajudicial costs that the employer must incur for the collection of its claims shall be entirely for the account of the hirer.
The above applies without prejudice to Motus People’s right to dissolve the agreement and claim damages.
All costs incurred by Motus People in connection with late payment by the hirer shall be for the account of the hirer.
If an invoice is not paid (in full), despite a reminder, Motus People is entitled to suspend or terminate its activities, after the hirer has been notified thereof in writing. Motus People is not liable for any damage that may arise as a result of this suspension or termination of activities on this ground.
If, in Motus People’s opinion, the creditworthiness of the Hirer warrants it, Motus People may require the Hirer to provide adequate security in favour of Motus People for the fulfillment by the Hirer of its obligations under the Assignment Agreement; failing which, Motus People may suspend the execution of the agreement until, in Motus People’s opinion, the Hirer has fulfilled this obligation.
In the event of liquidation, bankruptcy, attachment, or suspension of payments by the Hirer, Motus People’s claims against the Hirer shall become immediately due and payable.

Article 12 – Force Majeure

Motus People is not obliged to fulfill any obligation towards the Hirer if it is hindered in doing so as a result of a circumstance that is not attributable to fault, and which is not for its account pursuant to the law, a legal act, or due to generally accepted views.
In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, over which Motus People cannot exercise influence, but which render Motus People unable to fulfill its obligations (including strikes, factory occupations, blockades, embargoes, government measures, war, revolution and/or any situation comparable thereto, power outages, failures in electronic communication lines, fire, explosion and other calamities, water damage, flooding, earthquakes and other natural disasters, as well as widespread illness of an epidemiological nature among personnel).
Motus People also has the right to invoke force majeure if the circumstance preventing (further) performance of the agreement occurs after Motus People should have fulfilled its obligation.
Motus People has the right to suspend its obligations under the agreement for the duration of the force majeure.
Both parties have the right to dissolve the agreement if the force majeure situation lasts longer than two months.
To the extent that Motus People has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure, or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, Motus People is entitled to invoice the already fulfilled or to be fulfilled part separately. The visitor is obliged to pay this invoice as if it concerns a separate agreement.
Motus People is not liable for damages resulting from a force majeure situation as referred to above.

Article 13 – Suspension and Dissolution

Motus People is entitled to suspend the performance of obligations or to dissolve the agreement if:
1. The Hirer fails to fulfill the obligations under the Hire Agreement, or fails to fulfill them fully.
2. Circumstances that have come to Motus People’s attention after the conclusion of the agreement give good grounds to fear that the Hirer will not fulfill the obligations.
3. In the event that there are good grounds to fear that the Hirer will only partially or improperly fulfill the obligations, the suspension is permitted only to the extent that the failure justifies it.
4. The Hirer was requested, upon conclusion of the agreement, to provide security for the fulfillment of his obligations under the agreement, and this security is not provided or is insufficient.
At the time when the Hirer is declared bankrupt, applies for provisional suspension of payments, or a request by the Hirer, a natural person, for the application of statutory debt restructuring is granted by the court, or the Hirer loses the power of disposal over his assets or parts thereof through seizure, placement under guardianship, or otherwise, or if the Hirer becomes clearly unable to meet his financial obligations, Motus People has the right to declare any agreement with the Hirer dissolved without judicial intervention.
If Motus People has reasonable doubt regarding the Hirer’s ability to pay, Motus People is entitled to postpone the delivery of products until the Hirer has provided security for payment. The Hirer is liable for the direct and indirect damage suffered by Motus People as a result of this delayed delivery.
Furthermore, Motus People is entitled to dissolve the agreement if circumstances arise which are of such a nature that performance of the agreement is impossible, or if other circumstances arise which are of such a nature that the continued maintenance of the agreement in its unchanged form cannot reasonably be expected of Motus People.
As a result of the dissolution, the mutual claims become immediately due and payable. The Hirer is liable for the damages suffered by Motus People.

Article 14 – Intellectual Property

Nothing in these terms and conditions, or in any Secondment Agreement, shall be construed as a transfer of any intellectual property right. The intellectual property rights regarding Software, logos used, (visual) trademarks, trade names, etc., vest in Motus People and shall continue to vest in Motus People.
Motus People is entitled to use the word and/or visual trademark of the Hirer without prior consultation with the Hirer in promotional materials, including but not limited to advertisements, advertising campaigns, and the Internet.

Article 15 – Liability

Except for statutory liability based on mandatory legal provisions, Motus People shall never be liable for any damage suffered by the Hirer. Liability for indirect damage, consequential damage, intangible damage, business damage, lost profits, or damage resulting from liability towards third parties, is furthermore expressly excluded.
The management and supervision of the work of the flex worker and the working conditions lie with the Hirer. Motus People has no influence on this. This entails that the Client is responsible for this work and for safety at the workplace. Consequently, the Client is liable if damage occurs while the Flex Worker is working for the benefit of the Client, and the Client indemnifies Motus People for this.
Motus People is, to the extent necessary and in deviation from the provisions of paragraph 1, not liable for any damage resulting from the incorrect selection of an Temporary Worker, unless the Client submits a written complaint regarding this to Motus People within seven calendar days after the start of the Assignment and demonstrates that the incorrect selection is the direct result of intent or conscious recklessness on the part of Motus People.
If and to the extent that, notwithstanding the foregoing, any liability rests with Motus People, on whatever grounds, the liability of Motus People shall at all times be limited in its entirety to the amount paid out by the professional liability insurance in that relevant case, plus the amount of the deductible that is borne by Motus People in accordance with the applicable policy conditions.
If, for whatever reason, the professional liability insurance does not pay out, the liability of Motus People shall be limited to a maximum amount of three times the fee excluding VAT that the Hirer owes or would owe for those (partial) assignment(s) of which the activities that led to the damage form part, up to a maximum of € 20,000.00.
Motus People is not liable for indirect damage, which includes, but is not limited to: consequential damage, non-material damage, financial loss, and personal injury. The Hirer indemnifies Motus People against all possible claims from third parties related to the work performed by Motus People for the benefit of the Hirer.
Any claim that the Hirer believes to have against Motus People shall in any event lapse after the expiration of 12 months from the date the event causing the damage was discovered or should reasonably have been discovered.

Article 16 – Complaints

Complaints regarding the work performed must be reported in writing by the Hirer to Motus People, to the contact person known to you, within 7 days of discovery, but no later than 30 days after completion of the relevant work. The notice of default must contain as detailed a description of the shortcoming as possible, so that Motus People is able to respond adequately.

After the expiry of the periods mentioned in paragraph 1, any liability of Motus People in this regard shall cease.

A complaint does not suspend the payment obligation.

The burden of proof regarding the validity of the complaint lies with the Hirer.

If a complaint is found to be valid, Motus People has the option to remedy the defect.

Article 17 – Invalidity

If one or more provisions of these General Terms and Conditions are or become null and void or voidable, the remaining provisions shall remain in full force and effect. The parties undertake to replace a void or annulled provision with a provision that is legally valid and that deviates as little as possible from the void or annulled provision.

Article 18 – Applicable law and competent court

Dutch law shall apply exclusively to all assignments and agreements arising therefrom between Motus People and the Hirer or User.

If a dispute arises between Motus People and the Hirer or User that the parties cannot resolve amicably, the dispute shall be submitted exclusively to the District Court of East Brabant.

If these General Terms and Conditions have been drawn up in multiple languages, the Dutch text shall be binding should a discrepancy exist between the Dutch text and the text in the foreign language.