1. These General Terms and Conditions have been drawn up in accordance with the Act of July 24, 1987, on temporary work, temporary employment, and the provision of workers for the benefit of users, including the applicable collective labor agreements of the NAR and PC 322 for temporary employment.
2. The provision of temporary workers is subject to the conditions agreed upon in the application, the Cooperation Agreement, and the user agreement, as well as the following General Terms and Conditions, which form an integral part of the Cooperation Agreement.  Any deviation from these General Terms and Conditions must be agreed in writing in advance. These General Terms and Conditions of AbsoluteYou BV, hereinafter referred to as "AbsoluteYou," always take precedence over the General Terms and Conditions of the user.
3. In accordance with CLA 38quater of July 14, 1999, AbsoluteYou may not treat candidates in a discriminatory manner. The user is therefore only permitted to formulate job-related criteria in the application. 
4. These General Terms and Conditions – and in particular Article 5 – also apply as soon as the user entrusts a request to AbsoluteYou and AbsoluteYou proposes candidates to the user. 

5. The user is prohibited from entering into a direct or indirect employment relationship with a temporary worker who has been selected by AbsoluteYou and who will be made available or has been made available or has been made available via AbsoluteYou. This prohibition applies regardless of the position that the temporary worker will hold with the user.

   This prohibition is lifted after the temporary worker has been made available to the user via AbsoluteYou for at least 135 working days. Working days are defined as days on which the temporary worker actually performed work for the user.  
   If the user violates this prohibition, they are obliged to pay compensation to AbsoluteYou. The amount of the compensation is calculated as follows: 
   Annual salary of the temporary worker concerned x selection percentage x (135 – number of working days performed)/135.

   The above compensation is fixed on a lump-sum basis based on the mutual agreement between the user and AbsoluteYou that the damage suffered by AbsoluteYou is based, among other things, on the costs that the user would have had to spend on prospecting, selecting, and screening an employee with the same qualifications, as well as AbsoluteYou's lost profits.  
   The user undertakes to inform AbsoluteYou in writing in advance of its intention to enter into an employment relationship with the temporary worker.

   "Entering into an employment relationship with the temporary worker" means:
   - The user entering into an employment contract with the temporary worker;
   - The user entering into an independent cooperation agreement with the temporary worker; 
   - Having the temporary worker made available to the user by a third party (e.g., another temporary employment agency);
   - Entering into a contract for services with a third party who has recruited the temporary worker;
   - Concluding a training agreement with the temporary worker (e.g., an IBO agreement); 
   - Concluding an internship agreement with the temporary worker (e.g., a BIS agreement);
   - Entering into an employment relationship between the temporary worker and a third party, whereby the user and that third party belong to the same group, are parent or subsidiary companies of each other, are affiliated or associated companies within the meaning of Article 11 of the Companies Code, have the same legally appointed or de facto directors, are established at the same address or have a branch at the same address.

   The term "temporary worker" means:

   - The temporary worker selected by AbsoluteYou who is or was made available to the user under a temporary employment contract;
   - The candidate temporary worker who was selected by AbsoluteYou and proposed to the user, even if the temporary worker has not yet performed any work for the user. 

   The term "annual salary of the temporary worker" is understood to mean:

   - If the temporary worker has already worked for the user: the last applicable hourly wage x the average number of hours per week applicable in the user's sector x 4.33 x 13.92

   - If the candidate temporary worker has not yet worked for the user: the wage applicable at the user for the position in question (with a minimum of the user's PC scales) x the average number of hours per week applicable in the user's sector x 4.33 x 13.92.

   The compensation is also payable if the user, within a period of 12 months after the presentation of a candidate temporary worker or after the end of the assignment if the period of assignment was less than 135 working days.

6. The user undertakes to communicate all necessary information and any changes to AbsoluteYou in writing without delay at the start of and during the term of the user agreement.
   Without being exhaustive, the following information must in any case be communicated to the temporary employment agency: 
   - Regarding the reason for using temporary labor and the presence or absence of a union delegation;
   - Regarding the remuneration conditions of permanent staff, including bonuses and various benefits applicable at the user's company, as well as the terms and conditions for granting them;  
   - Regarding the activities of the user and the joint committee under which the user falls, the workstation at which the temporary worker will be employed, the professional qualifications required of the temporary worker, the results of the risk assessments of the temporary worker's activities, any necessary medical supervision, and personal protective equipment;  
   - Regarding possible situations of strike or lockout, in which case the user must notify AbsoluteYou in advance and within the legal deadlines;  
   - Regarding any accident at work;
   - Regarding the manner in which a flexi-job employee must be reported to Dimona;
   - Regarding the late arrival or absence of temporary workers;
   - Regarding weather-related absences; 

   - Regarding the non-renewal of an assignment;
   - Regarding the applicable working time regulations at the user's premises.
     

   The user is solely liable for the consequences of not passing on this information (on time), or passing it on insufficiently or incorrectly. All corrections, late notifications, and/or costs caused by this will be invoiced to the user at the agreed coefficient. The user will also indemnify AbsoluteYou for any claims from third parties resulting from the failure to provide all necessary information correctly or on time. 

7. The user bears sole responsibility for the correct application of reasons and terms for temporary employment. In the context of these reasons, the user shall, in the cases provided for by law, obtain the necessary permits and notifications relating to the employment of temporary workers. When using daily contracts, the user is solely responsible for the need for flexibility and for providing proof thereof.

   If the duration of the (consecutive) employment contracts for temporary work to be concluded with the temporary worker, as specified by the user, is subject to conditions, procedures, and/or restrictions laid down by law or collective labor agreement, such as for consecutive daily contracts, it is the exclusive responsibility of the user to follow and comply with these. Any financial compensation and/or penalties provided for or imposed in this regard shall be borne by the user and, where applicable, invoiced additionally by AbsoluteYou.

8. The temporary employment agency is in no way liable for the consequences of the absence and/or late arrival of its temporary employees. If a temporary employee is late or absent, the user shall immediately notify AbsoluteYou.
9. The user cannot call on the services of AbsoluteYou in the event of a strike or lockout at its company. In such cases, the user must immediately notify AbsoluteYou in writing. The user cannot claim compensation for the mandatory withdrawal of temporary workers in such cases.
10. Throughout the entire period of the temporary worker's employment with the user, the user shall, in accordance with Article 19 of the Act of July 24, 1987, be responsible for applying the provisions of the legislation on the regulation and protection of labor that apply at the place of employment. It follows that the user must treat temporary workers on the same basis as its permanent staff, including in terms of working hours, reduction in working hours, compensation, breaks, public holidays, Sunday work, night work, the well-being of the temporary worker at work, etc. 

11. In accordance with Article 10 of the Act of July 24, 1987, temporary workers are entitled to the same gross salary, including indexations and conventional increases, premiums (including pension premiums), meal vouchers, and other salary components as if they were permanently employed by the user.  

    Based on Article 6 of these General Terms and Conditions, the user must communicate this wage information and any changes thereto to AbsoluteYou. The user is solely liable for the consequences of not communicating this information (in a timely manner), or communicating it incompletely or incorrectly. Apart from this obligation to provide information, the user must always bear the cost of any wage corrections during or after the end of the assignment, which are calculated using the same coefficient as provided for in the Cooperation Agreement. 

12. The temporary worker enjoys the same level of protection as the company's permanent employees with regard to occupational safety and health. Pursuant to Art. X.2-3 of the Codex on Well-being at Work, the user is obliged to provide AbsoluteYou with all information concerning the required professional qualifications and the specific characteristics of the workstation before the temporary worker is made available. In the cases provided for, the user must complete the job description form and submit it to AbsoluteYou before the temporary worker is made available. The temporary worker may only perform the tasks specified in the job description form. The user must immediately notify AbsoluteYou of any changes to the job description (including tasks and location). In this case, a new workstation form must be provided and the temporary worker may only perform the work of the workstation in question once the workstation form has been delivered to AbsoluteYou and the temporary worker, and has also been reviewed with the temporary worker concerned. In accordance with Article X.2-10 of
    
    the Codex on Well-being at Work, the user bears final responsibility for providing work clothing and personal protective equipment, as well as for cleaning, repairing, and maintaining them in normal working order, even if a different commercial agreement has been concluded with AbsoluteYou regarding their delivery. 
    
    The user is generally responsible for complying with all legal obligations incumbent upon them as provided for in the Codex on Well-being at Work. 

13. Liability for the temporary worker 
    Although AbsoluteYou is the sole contractual counterparty (see Article 14), the user bears the civil liability provided for in Article 6.14 (new) of the Civil Code. The user is therefore solely liable for any damage caused by the temporary worker to third parties.

    The inclusion of a 'temporary employment clause' in the user's civil liability insurance is recommended. AbsoluteYou is not liable for damage caused by the temporary worker during and as a result of his employment with the user.

    AbsoluteYou is also not liable in the event of damage, loss, theft, or disappearance of materials, money, or goods entrusted to the temporary worker.

    AbsoluteYou is also not liable for loans or advances in kind or cash that may be granted by the user to the temporary worker.

    The recovery of costs resulting from the temporary worker's use of the telephone for personal purposes, meals consumed in the company restaurant, (un)authorized purchases, traffic fines, etc. will always take place without the mediation of AbsoluteYou. AbsoluteYou cannot be held liable for such costs. 

    With regard to the selection process, AbsoluteYou can never be held liable if the user selects the temporary workers themselves.

14. Liability for the directors and permanent employees of AbsoluteYou

    AbsoluteYou is the sole contractor for all services provided by its directors, employees, or other auxiliary persons, with the exception of the temporary workers employed by the user.

    Compensation for damage caused by the non-fulfillment of a contractual obligation included in this contract is governed exclusively by the rules of contract law within the legal limits, even if the event that gave rise to the damage also constitutes a tort. 
    Compensation for damage caused by the non-fulfillment of a contractual obligation by an auxiliary person may, within the legal limits, only form the basis for a liability claim against the principal debtor and not for a non-contractual liability claim against the auxiliary person, even if the event that caused the damage also constitutes a tort.
    
    In relation to the end customer(s), the user will in turn completely exclude the non-contractual liability of AbsoluteYou and its vicarious agents within the legal limits by imposing the provision described above on the end customer(s). 
    If the user fails to comply with this obligation (in a timely manner), the user shall indemnify AbsoluteYou and/or its auxiliary persons for its non-contractual liability towards the end customer(s). In that case, the user is also obliged to compensate AbsoluteYou and/or its auxiliary persons for all losses, damage, (legal) costs, and expenses resulting from or related to this. 
    
    Except where the error affects the life or physical integrity of a person, AbsoluteYou can only be held liable for its own intent, gross negligence or that of its appointees or, except in cases of force majeure, for the non-performance of the essential obligations that form the subject matter of this contract. This exclusion applies to all damages, direct or indirect, arising from or related to the performance of this contract.
    
    AbsoluteYou cannot be held liable for indirect damages, including, but not limited to, anticipated or lost profits, loss of income, loss of opportunity, and damage to the user's image or reputation. 
    
    The total liability of AbsoluteYou and all and each of its directors, employees, and other agents is, within the legal limits, in any case limited to the lower of either (i) the total amount covered by AbsoluteYou's liability insurance, or (ii) the total invoice value of the goods and/or services provided by AbsoluteYou under this contract to which the liability relates.

15. Severability clause 
    If any provision in these General Terms and Conditions and/or the Cooperation Agreement between the parties is unenforceable or conflicts with a provision of mandatory law, this shall not affect the validity and enforceability of the other provisions of these General Terms and Conditions and/or the Cooperation Agreement between the parties, nor shall it affect the validity and enforceability of that part of the relevant provision that is not unenforceable or contrary to mandatory law. In this case, the parties shall immediately consult in good faith to replace the invalid or unenforceable provision with a provision that is valid and enforceable and that most closely reflects the intention underlying the invalid or unenforceable provision.
16. If a temporary worker is involved in an accident at work, the user shall, after taking all necessary urgent measures, immediately notify AbsoluteYou and provide all necessary information for the preparation of the accident report, failing which the user shall be held liable for any damage caused by its failure to do so. 
    
    In the event of a serious accident at work as referred to in Article I.6-2 1° and 2° a) of the Codex on Well-being at Work, the user is responsible for immediately reporting the serious accident at work to the official responsible for supervision.  
    In the event of other serious accidents at work, the user's prevention service shall draw up an accident report in accordance with the Codex on Well-being at Work, supplemented by an action plan drawn up by the user itself, and shall submit this report to AbsoluteYou within five days of the accident. After submission and any additions by AbsoluteYou, the user shall forward this report to the competent "Workplace Well-being Supervision" inspectorate within a maximum of 10 days after the accident. 
17. The user is solely responsible for returning the signed user agreement and (supervising) the return of the completed and signed performance statements. Failing this, the user will not be able to invoke the non-signature to the detriment of AbsoluteYou and invoicing will be based on the performance as provided for in the employment contract of the temporary worker concerned, unless it appears that the temporary worker has provided additional services.
18. Signing the performance statements implies acknowledgment of the accuracy of the information contained therein and of the correct performance of the work by the temporary worker. The user cannot dispute the validity of the signature of its appointees or representatives. In the case of automatic performance processing, the user always agrees to the performance data as it is transmitted to AbsoluteYou by automated or electronic means. Only the user is liable for errors in the automated transmission.

19. Invoicing is based on the performance as stated on the performance statements or as transmitted electronically by the user, with a minimum of the hours requested by the user, except when fewer hours were worked due to the sole fault of the temporary worker and if the information obligation provided for in Article 6 of these terms and conditions was fulfilled. 
    
    In the absence of performance statements submitted by the user (either in writing and signed, or electronically or automatically), invoicing is based on the services provided as specified in the employment contract of the temporary worker concerned, unless it appears that the temporary worker has provided additional services.  

    All free hours and days granted and paid by the user to its permanent staff, such as extra-legal holidays, vacation days, bridge days, etc., to which the temporary worker is also entitled, are also considered as work and invoiced to the user as such. 
    
    Any wage adjustment to which the temporary worker is entitled during or after his employment with the user, regardless of the reason for the adjustment and regardless of the possible liability of either party, will be invoiced to the user at the agreed coefficient.

20. The agreed coefficient and/or the agreed rate, as well as all other cost items included in the Cooperation Agreement that determines the coefficients and/or the rate, may be unilaterally increased by AbsoluteYou in the event of:
    - An increase in direct or indirect employer contributions; 
    - Any other objective factors that determine the actual wage cost and/or increase AbsoluteYou's operating costs;
    - Additional charges imposed on AbsoluteYou by the government that were not foreseen at the time the agreement was concluded. 
    
    The rate will also be increased unilaterally by AbsoluteYou in the event of an increase in the basic wage of the temporary worker as a result of wage indexation and conventional wage increases applicable to the user.

21. Any legally granted subsidies, reductions in charges, exemptions, allowances, premiums, etc. are always included in the agreed coefficient and are therefore only payable to the temporary employment agency. The user cannot claim payment of such allowances, as these are included in the agreed rate, regardless of the date of allocation or payment.

    In the event of reimbursement in the context of a temporary worker's Flemish Training Leave hours, AbsoluteYou undertakes to do the following in accordance with the decision of the Flemish Government of December 21, 2018, and the amendments of April 25, 2025:

    - AbsoluteYou will charge a fixed administrative fee for submitting the reimbursement request, provided that this cost is transparent, has been agreed in advance in writing with the user, and is not proportional to the amount reimbursed.

    - If AbsoluteYou receives a reimbursement for VOV hours worked by a temporary worker, this amount will be transferred in full to the user who bore the wage cost. AbsoluteYou may not retain any percentage of the reimbursement, except for the administrative cost agreed in advance.

    The reimbursement request must explicitly state whether the training was undertaken on the initiative of the employee or at the suggestion of the user. The user undertakes to provide this information to AbsoluteYou correctly and in a timely manner.

    The user remains responsible for:

    • Compliance with the conditions of employment (at least 80% and an average of 28 hours/week),
    • The timely submission of registration certificates and attendance data,
    • Informing AbsoluteYou in the event of a strike, lockout, or temporary unemployment.

    If certain (training) subsidies, exemptions from withholding tax or other discounts and allowances are taken into account when determining the coefficients/rates or granting credit notes, and these are not (fully) acquired by AbsoluteYou afterwards, or must be (partially) repaid by AbsoluteYou, AbsoluteYou will invoice the User for the amounts not acquired or repaid, or correct the credit notes previously granted to the User for this purpose.

22. AbsoluteYou's invoices are payable in cash upon receipt, net, without discount, unless otherwise agreed in writing. In the event of non-payment upon receipt of the invoice, the invoice amount will automatically and without prior notice of default bear interest at a rate of 12% per annum. In addition, if the invoice is not paid by the due date, a fixed compensation of 12% of the invoice amounts due, with a minimum of 85.00 euros and a maximum of 5,000.00 euros, shall be payable by operation of law and without prior notice of default. 
    At the same time, any payment terms granted in writing will lapse by operation of law and all invoices—including those not yet due—will become immediately payable in the event of non-payment of a single invoice, as well as in the event of signs of doubtful solvency on the part of the user (e.g., social security summonses, judicial reorganization, etc.).
23. If the user fails to comply with their legal obligations or these General Terms and Conditions, as well as in the event of non-payment, AbsoluteYou shall be entitled, without being liable for any compensation, to consider the current agreements terminated and to immediately withdraw its temporary workers.
24. All invoice protests must be sent to AbsoluteYou by registered letter within 14 days of the invoice date. Complaints submitted after this period or complaints that are not specifically substantiated will not be taken into account.

25. The data provided by the user will be included in AbsoluteYou's customer database. AbsoluteYou will treat the personal data obtained with care and confidentiality and will make every effort to protect and secure the personal data obtained. As soon as AbsoluteYou provides services within the framework of its assignment, the user's personal data may be used for the following purposes:  

    - administrative purposes (creating and maintaining a customer database, sending invoices, checking solvency, etc.).  

    - the provision of the services for which AbsoluteYou was engaged.

    The user's personal data is necessary for the performance of the Cooperation Agreement (when the user is a natural person) or necessary for the representation of the legitimate interests of the customer (if the user is a legal entity).

    The data provided by the user may also be used for the following purposes:  

    - direct marketing (including conducting information or promotional campaigns in connection with the services offered by AbsoluteYou);

    - re-marketing (in other words, the transfer of personal data to a third party for marketing purposes).

    AbsoluteYou will never pass on the user's personal data to third parties, unless with the express consent of the customer or if requested to do so by police and judicial authorities or if there is a legal obligation to do so.  

    The user has the right to access, correct, delete, restrict, object to, transfer, and not be subject to automated decision-making.  

    The user declares that they have read the Privacy Policy of AbsoluteYou, which can be consulted at any time at https://www.absoluteyou.be/nl/privacybeleid, and that they are sufficiently informed.

26. In the event of a dispute and/or non-payment, the courts of the district of West Flanders, Kortrijk division, shall have exclusive jurisdiction. The Cooperation Agreement between the parties is governed by Belgian law. 

By accessing and using the website, you expressly agree to the following terms and conditions.

This website and the Absolute YOU brand are the property of Absoluteyou bv.

Contact details:
Absoluteyou bv
Sportstraat 48
8400 Ostend

Registered office address:
Absoluteyou bv
Sportstraat 48
8400 Ostend

Email: payroll@absoluteyou.be

Company number: VAT BE0727.460.507

Supervisory authority: Federgon

By accessing and using the website, you expressly agree to the following terms and conditions.

Intellectual property rights:
The content of this site, including trademarks, logos, drawings, data, product or company names, texts, images, etc., is protected by intellectual property rights and belongs to Absoluteyou bv or entitled third parties.

Limitation of liability:
The information on the website is of a general nature. The information is not adapted to personal or specific circumstances and therefore cannot be considered as personal, professional, or legal advice for the user. Absoluteyou bv makes every effort to keep the information provided complete, correct, accurate, and up-to-date. Despite these efforts, inaccuracies may occur in the information provided. If the information provided contains inaccuracies or certain information on or via the website is unavailable, Absoluteyou bv will make every effort to rectify this as quickly as possible.

Absoluteyou bv cannot be held liable for any direct or indirect damage resulting from the use of the information on this website. If you find any inaccuracies in the information on this website, please contact the website administrator. You can do this via the contact form.

The content of the website (including links) may be modified, changed, or supplemented at any time without prior notice. Absoluteyou bv does not guarantee the proper functioning of the website and cannot be held liable in any way for a malfunctioning or temporarily unavailable website or for any form of damage, direct or indirect, resulting from access to or use of the website.

Absoluteyou bv cannot under any circumstances be held liable to anyone, directly or indirectly, specifically or otherwise, for damage resulting from the use of this website or any other website, in particular as a result of links or hyperlinks, including, but not limited to, all losses, work interruptions, damage to programs or other data on the computer system, equipment, software, or other property of the user.

The website may contain hyperlinks to websites or pages of third parties, or refer to them indirectly. The inclusion of links to these websites or pages does not imply any implicit approval of their content. Absoluteyou bv expressly states that it has no control over the content or other characteristics of these websites and cannot be held liable in any way for their content or characteristics or for any other form of damage resulting from their use.

Applicable law and competent courts:
This website is governed by Belgian law. In the event of a dispute, the courts of the district of Bruges shall have exclusive jurisdiction.