These General Terms and Conditions apply to the use of the website www.bikeshift.com and to all offers, agreements and deliveries of services by Bikeshift offered via the website www.bikeshift.com.
Any purchasing or other general conditions of the Client are not applicable and are hereby excluded.
Agreements that deviate from these General Terms and Conditions will only apply if agreed in writing.
1. Definitions
General Terms and Conditions: These General Terms and Conditions of Bikeshift are filed with the KVK under file number 84369795. These General Terms and Conditions can also be found at www.bikeshift.com.
Client: The private or public legal entity that enters into an Agreement with Bikeshift.
Job seeker: Any natural person who has left data on www.bikeshift.com, or is otherwise included in Bikeshift's database, and is available for work.
Agreement: The agreement for services between Bikeshift and Client for the recruitment and employment of temporary or permanent staff.
Smart Services: The payroll company which will take care of the payment of salary. The job seeker will also conclude an employment contract with the payroll company.
Bikeshift B.V. h.o.d.n Bikeshift: Bikeshift, established on the Zeestraat 66, 2518 AC, in The Hague and registered with the Chamber of Commerce in Amsterdam under number 84369795.
2. Placing a job vacancy with Bikeshift
2.1 The Client can have a vacancy posted on www.bikeshift.com by contacting Bikeshift. No direct contact details of the Client will be placed on www.bikeshift.com.
2.2 The Client is responsible for providing correct and complete data. The Client's own contact details will not be shown to Job Seekers registered with Bikeshift. Bikeshift will check the vacancy submitted for suitability and is at all times free to reject it in the event of proven unsuitability.
2.3 After an agreement between Bikeshift and the Client has been established, Bikeshift is entitled to place the Client's trade name and logo on www.bikeshift.com for reference.
3. Matching by Bikeshift
3.1 After a vacancy has been placed by Client, the Jobseekers registered with Bikeshift may respond to the placed vacancy. Bikeshift will first screen these reactions for suitability, before forwarding them to Principals.
3.2 Bikeshift actively mediates in matching Jobseekers with a posted vacancy, but does not guarantee that a match will take place, or that a match will result in a Jobseeker performing work for the Client.
3.3 The Client is responsible for verifying the information provided by a Job Seeker.
3.4 Bikeshift will take care of the schedule, recruitment and training.
3.5 Further filling of the vacancy, including payrolling, will not take place through Bikeshift.
3.6 No (employment) agreement will be established between Bikeshift and the Job Seeker. The (employment) agreement will be established between the Job Seeker and the Payroll Company.
3.7 Bikeshift is not the employer, Bikeshift takes care of recruitment and selection for the Employer, keeps track of hours worked and takes care of invoicing. Payment is taken care of by the Payroll company.
4. Payment
4.1 Payment will take place in the manner indicated by Bikeshift and on the basis of the tariffs drawn up by Bikeshift.
4.2 Only payments to Bikeshift have a liberating effect. Payments by the Client to a Job Seeker or other third party, under any title whatsoever, are non-binding towards Bikeshift and cannot constitute a ground for debt distribution or settlement.
4.3 Claims and/or refunds of amounts already paid or owed for job postings are not possible.
4.4 Unless otherwise agreed in writing, the Client will pay Bikeshift's invoices within 14 days of the invoice date.
4.5 In the event of late payment, the Client will owe interest of 2% of the principal amount per calendar month, with part of the month counting as a whole month. Late payment shall be deemed to have occurred on the day following the expiry of the payment term. The Client shall be in default by operation of law from that date.
4.6 Contestation of the invoice must be made in writing within 14 days of the invoice date, accurately stating the reasons. After the expiry of this period, the Customer's right to dispute the invoice will lapse. Challenging the invoice will not release the Client from its payment obligation.
4.7 If the Customer does not meet his/her payment obligation within the term of payment stated in Article 4.4, the claim may be handed over for collection, in which case the Customer is obliged to pay all extrajudicial and judicial costs incurred by Bikeshift in order to settle the claim. The compensation in respect of the extrajudicial collection costs will be fixed at 15% of the principal amount owed including interest and VAT, with a minimum of €300.00 per claim, unless Bikeshift has had to incur demonstrably more costs.
4.8 Payment will take place without set-off or suspension on any grounds whatsoever, except insofar as it has been established by arbitration or judicial decision that the Customer has a deductible recovery or a ground for suspension.
5. Liability of Bikeshift
5.1 Bikeshift accepts no liability whatsoever in relation to the information offered on www.bikeshift.com and/or the performance of an Agreement, for any damage whatsoever and regardless of the grounds on which an action for damages is based.
5.2 If it must nevertheless be established that Bikeshift is liable for any damage suffered due to an attributable failure in the performance of an Agreement, compensation will be limited to a maximum of the amount of the price stipulated for the Agreement (excluding VAT).
5.3 Bikeshift's liability for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption, is excluded in all cases.
5.4 Bikeshift may never be held liable for an amount higher than the liability insurance taken out by Bikeshift will pay out.
6. Force majeure
6.1 Bikeshift cannot be held liable for an attributable shortcoming in the implementation of the Agreement in the event of force majeure.
6.2 Force majeure is defined as 'a circumstance beyond the control of Bikeshift'. In addition, the legal provisions regarding force majeure apply.
6.3 In the event of force majeure, Bikeshift may terminate the Agreement in whole or in part, or suspend it in whole or in part, without being obliged to pay any compensation.
7. Liability of the Client
7.1 The Client who fails to comply with the obligations arising for it from these General Terms and Conditions is obliged to compensate Bikeshift for all resulting damage, without prior notice of default being required.
7.2 Clause 7.1 is without prejudice to Bikeshift's right to make other claims, such as invoking dissolution.
7.3 The provisions of this article are of general application, both with regard to subjects in which the obligation to pay damages is already regulated separately in these General Terms and Conditions and with regard to subjects in which this is not the case.
8. Indemnification
8.1 The Client indemnifies Bikeshift and all natural and legal persons involved (such as its employees, directors and advisors) against any legal claim by third parties based on the execution of the Agreement or the provision of other services by Bikeshift to the Client, including the costs of legal assistance and other legal costs to be incurred.
8.2 If Bikeshift is nevertheless held liable by such a third party and Bikeshift has had to pay compensation in this respect, Bikeshift shall have recourse against the Client for the full amount paid by Bikeshift at that time.
9. Privacy
9.1 The Client agrees and consents to the processing of personal data by Bikeshift as laid down in Bikeshift's Privacy Policy, which can be viewed at www.bikeshift.com/nl/pricacyverklaring.html, and which forms part of these General Terms and Conditions by reference.
9.2 The Client is not permitted to take over, reproduce or distribute or make public in any way the content of www.bikeshift.com, including the database accessible there, in whole or in part, without the express written consent of Bikeshift.
10. Confidentiality
10.1 The Client shall not provide any confidential information from or about Bikeshift, its activities and its business relations, which comes to its attention, to third parties, unless the provision of such information is necessary to execute the Agreement properly.
10.2 Information is considered to be confidential if this has been communicated by the other party or if this follows from the nature of the information. In particular, information provided to the Client from and about Job Seekers registered with Bikeshift is considered confidential.
11. Non-competition clause
11.1 The Client undertakes not to employ any Jobseekers proposed by Bikeshift or any other jobseekers engaged by Bikeshift, or to have them work for Bikeshift in any other way, directly or indirectly.
11.2 The Client is not permitted to enter into an (employment) agreement directly with the Job Seeker for a period of two years after the dissolution of the agreement.
11.3 If Client intends to enter into a direct (employment) agreement with an already employed Job Seeker, it must inform Bikeshift of this. Possibly by means of a commutation fee, Bikeshift will grant permission, or not.
12. Penalty clause
12.1 If there is a breach of one or more provisions of these General Terms and Conditions, in particular a breach of Article 11, the Client will be liable to pay a penalty of €500 per Job Seeker for each day that the agreement continues.
13. Applicable law and choice of forum
13.1 Every offer or agreement is governed exclusively by Dutch law.
13.2 All disputes, including those which are only regarded as such by one of the parties, which have arisen or may arise between Bikeshift and the
13.2 All disputes, including those which are considered as such by only one of the parties, which have arisen or may arise between Bikeshift and the Client, will be submitted exclusively to the competent judge in Amsterdam. Nevertheless, Bikeshift has the right to present the dispute to the judge authorised by law.
14. Final clause
14.1 If one or more provisions of these General Terms and Conditions are invalid or are declared void, the Agreement and the General Terms and Conditions will remain in force in all other respects. The provisions that are not legally valid, or that cannot be legally applied, will be replaced by provisions that are as close as possible to the purport of the provisions to be replaced.
14.2 If the General Terms and Conditions change in the interim, Bikeshift will inform the Client of this before the amended terms come into effect.
