Algemene voorwaarden

Article 1 - Definitions

1. Account

Users have access to the Wurcly App via a personal Account (username and password).

2. General Terms and Conditions

The General Terms and Conditions as adopted by Wurcly and which apply between Wurcly and Users to the exclusion of all other General Terms and Conditions.

3. CLA

The Algemene Bond Uitzendondernemingen (ABU: the Association of Temporary Employment Businesses) Collective Labour Agreement (CLA) for Agency Staff.

4. Content

The entirety of the information placed on the Wurcly App and the Wurcly website by Users and by Wurcly.

5. Database

A system in which Users' data is stored digitally.

6. Users

Users as defined in these General Terms and Conditions shall include both the Hirer and the Candidate, where these have registered and with the registration confirmed by Wurcly.

7. Placement Agreement

The agreement between Wurcly and the Hirer on the basis of which a Candidate carries out work on behalf of the Hirer through the mediation of Wurcly.

8. Hirer

Any natural or legal entity hiring in Candidates from Wurcly by means of the Wurcly App and having these Candidates carry out work under their direction and supervision.

9. Hirer Fee

The amount per hour payable by the Hirer to Wurcly for the provision of the Candidate.

10. Candidate

Any natural person who is carrying out or who will carry out work on behalf of a Hirer through the intervention of Wurcly.

11. Assignments

The assignments placed in the Wurcly App by the Hirer and for which Candidates may apply.

12. Temporary Employment Agreement

The employment agreement whereby the Candidate is made available to a Hirer by Wurcly in order to carry out work by virtue of a Placement Agreement, under the supervision and direction of that Hirer.

De arbeidsovereenkomst waarbij de Kandidaat door Wurcly ter beschikking wordt gesteld aan een Inlener om krachtens een door deze met Wurcly gesloten Inleenovereenkomst arbeid te verrichten onder toezicht en leiding van die Inlener.

13. Wurcly

Wurcly B.V., the legal entity providing Candidates to a Hirer via the Wurcly App in order for them to carry out work on behalf of the Hirer.

14. Wurcly App

Wurcly make use of a mobile app (the "Wurcly App") with which the Hirer and the Candidate register themselves. The Wurcly App is used to match the Hirer's demand for labour to the Agency Worker's offer of temporary labour. The Hirer offers work and the Temporary Worker may indicate availability for the temporary work on offer through the Wurcly App, whereupon an assignment shall come into being.

Article 2 – Application

1. These General Terms and Conditions shall apply to every offer made by Wurcly and to every agreement coming into effect between Wurcly and Users.

2. These General Terms and Conditions shall also apply to all Wurcly's other actions and activities.

3. Wurcly shall not be bound by the Hirer's General Terms and Conditions, to the extent that these deviate from the present General Terms and Conditions.

4. In the event that any stipulation in these General Terms and Conditions is invalid or is declared to be invalid, then the other stipulations of these General Terms and Conditions shall continue unabated in force, and the parties shall enter into consultation in order to agree new stipulations to replace the invalid or invalidated stipulations, whereby the intention and the scope of the invalid or invalidated stipulation shall be taken into account to the greatest extent possible.

Article 3 - Wurcly App

1. Wurcly offer the Candidate and the Hirer a platform allowing them to contact one another by means of the placing, consultation and recording of Assignments.

2. Users must register, and shall thereby be obligated to provide accurate, current and complete information. The information must be current and accurate at all times.

3. The information provided by Users during registration will be checked by Wurcly, following which the Hirer or Candidate in question will be included in the Database.

4. Following confirmation of the registration the Hirer or Candidate in question will be provided with a password and login name allocated to the Account created.

5. The information received during the registration of Users and the information received by Wurcly during the setting up of an Assignment shall serve for Wurcly as the basis for inter alia:

  • The drafting of the temporary employment contract and the Placement Agreement;
  • The correct remuneration of the Candidate;
  • Invoicing.

6. Once the Hirer and the Candidate have reached agreement about the carrying out of an assignment, via the Wurcly App and without the further mediation of Wurcly, the Candidate will be provided under the terms and condition as agreed in the application and under the present General Terms and Conditions, and the employment agreement, the salary and the invoicing arrangements will also be generated.

7. Despite the continual care and attention they devote to the content and composition of their services, Wurcly offer no guarantee as to the completeness, accuracy or reliability of the information obtained via the Wurcly App, and Wurcly shall not be liable for this in any way.

8. Wurcly shall not be liable for any damages attributable to force majeure or to circumstances or third parties over which they have no direct control, for example but not limited to hyperlinks leading to the Wurcly App on other applications or websites by means of which it is possible to gain direct access to the Wurcly App.

9. The Users hereby agree that Wurcly shall not be liable for loss of or damage to smartphones, tablets, computers, data or computer and telecommunications systems resulting from the use of the Wurcly App.

10. In order to use the Wurcly App Users must have a compatible mobile phone and internet access. They must also satisfy the software requirements: an Android operating system from version 4.1 onwards or an IOS operating system from version 8 onwards. These requirements may be upgraded over the course of time as new functions and services are added.

Article 4 – Selection of Candidates

1. Wurcly do not specify any requirements for Candidates, except that they must have reached the age of 18 and hold valid proof of identity.

2. Candidates will be selected by the Hirer on the basis of the Candidate's Account on the Wurcly App.

3. The requirements specified for the Candidate by the Hirer must be relevant to their function. Requirements of no relevance to the function (discriminatory requirements) will not be accepted by Wurcly.

4. Up to 24 hours following the completion of the assignment the Hirer may use the Wurcly App to report that the Candidate has not performed in accordance with the procedure as described on the Wurcly website. Wurcly will subsequently initiate an investigation and suspend payments to the Candidate pending the investigation.

Article 5 – Hiring

1. The Temporary Employment Agreement is entered into between Wurcly and the Candidate. The CLA shall apply to the Temporary Employment Agreement. It is expressly stated that no contract of employment shall come into effect between the Hirer and the Candidate.

2. Where the provision of the Candidate to the Hirer by Wurcly is concerned, the Candidate will actually work under the direction and supervision of the Hirer. The Hirer shall in this regard take the same care as with his own employees. Wurcly as the nominal employer have no sight of the workplace and the work to be carried out.

3. The work will be carried out as agreed in the Placement Agreement. Where the Hirer wishes to deviate from this during the period of the Placement Agreement this shall be exclusively in consultation with Wurcly.

Article 6 – Salary And Other Payments To The Candidate

1. The salary and other payments to the Candidate shall be determined prior to the assignment and if necessary during the assignment, and shall be equivalent to the salary and other payments made to comparable employees of the Hirer working in equivalent functions (the "Hirer's remuneration").

2. The following shall form part of the salary and other payments:

  1. Exclusively the applicable period wage in the scale;
  2. The applicable reduced working time. Compensation may be made in time and/or in money, at the option of Wurcly;
  3. Allowances for overtime, altered hours, irregular hours (including supplement for public holidays) and any shiftwork supplement;
  4. Real wage increases;
  5. Untaxed expenses payments: travel expenses, pension costs and other costs essential to the exercise of the function;
  6. Increments.

3. The Hirer shall inform Wurcly in good time about the elements as set out in Section 2. In the event that the Hirer provides Wurcly with incorrect information about these elements Wurcly shall be entitled to correct the salary and other compensation to the Candidate accordingly, with retrospective effect from the time of commencement in the function in question, and also to correct the Hirer's fee and to charge the Hirer accordingly.

4. Where the salary and other payments to the Candidate cannot be determined in accordance with the pay equivalence rule, they shall be determined in consultation between Wurcly, the Candidate and the Hirer. The guiding principles here shall be the level of training and experience of the Candidate, together with the responsibilities and required capabilities entailed by the discharge of the function.

5. Where the Hirer makes use of the labour offered by the Candidate for a period of less than three hours following the Candidate's arrival at the workplace, then the Hirer shall be obligated to pay the Hirer's Fee for at least three hours per call-out, if:

  1. The agreed working hours are less than 15 hours per week and the working hours are not specified; or
  2. The Hirer has not or has not unambiguously specified the working hours.

6. In the event that on operational grounds the Hirer requires the Candidate to satisfy certain requirements, for example a declaration of good conduct, or personal protective equipment, these shall to the extent possible be provided by the Hirer. In the event that the required items must be provided by Wurcly the associated costs shall be charged to the Hirer.

Article 7 – Placement Agreement and Notice of Termination

1. The duration of the Candidate's assignment will be specified in the Placement Agreement, and where this is not clear in advance, the most accurate estimate possible will be provided. To the extent that it is possible and desirable the start and finish dates for the assignment, the number of hours to be worked, the period of notice and the Candidate's working conditions will be specified.

2. The Temporary Employment Agreement may be for a determinate or indeterminate period. In that case the Placement Agreement shall terminate only through the expiry of the agreed period of the assignment, unless otherwise agreed in writing.

3. In the event that the Hirer wishes to terminate the assignment in the interim, the Hirer shall be liable to pay compensation to Wurcly, payable immediately. This compensation shall amount to 100% of the latest applicable Hirer's Fee for the Candidate in question, multiplied by the number of hours agreed in the Placement Agreement included in the period from the moment of interim termination of the Placement Agreement up to the time of the expiry of the Placement Agreement as initially agreed.

4. Should the Hirer wish to terminate the assignment while no agreement has been reached as to the duration of the assignment and the Candidate is working for a determinate or indeterminate period on the basis of the Temporary Employment Agreement, a period of notice of 20 working days shall apply, unless otherwise agreed in writing.

Article 8 – Invoicing Arrangements

1. Wurcly will automatically create an advance payment invoice at the time when the Hirer accepts a Candidate's application. The invoice shall be based on the Assignment input to the Wurcly App by the Hirer.

2. In the event that the Hirer selects more candidates than are required for the Assignment, all work carried out by the Candidates will be invoiced to the Hirer. It will however be possible for the Hirer to indicate in the Wurcly App 24 hours in advance that the Assignment must be amended or cancelled, whereupon a credit note will be created by Wurcly. Excess amounts already paid by the Hirer shall subsequently be repaid by Wurcly. In the event that the Assignment is cancelled or modified less than 24 hours in advance, then the full amount shall be payable.

3. The Hirer is responsible for the correct, timely and full completion of the timekeeping records. Where no notification is made in accordance with Article 4.3 of these General Terms and Conditions within 24 hours, Wurcly will make the relevant payment to the Candidate.

4. In the event of a discrepancy between the timekeeping records submitted to Wurcly and the information held by the Hirer, the timekeeping records submitted to Wurcly shall be deemed to be correct, unless the Hirer provides evidence to the contrary.

5. In the event that the Candidate disputes the timekeeping records Wurcly may invoice for the total hours worked and the other costs in accordance with the Candidate's declaration, unless the Hirer demonstrates that the timekeeping records are accurate.

6. In the event that the Hirer fails to comply with the stipulations of Section 3 of this Article, Wurcly may decide to invoice the Hirer on the basis of the facts and circumstances known to Wurcly. Wurcly will not take this action before reasonable discussion of the matter has taken place with the Hirer.

7. Changes in fees resulting from obligations under the collective labour agreement and/or as a consequence of amendments in or resulting from acts and regulations, for example fiscal and social security acts and regulations, will be charged on to the Hirer with effect from the time of those amendments, and shall be payable by the Hirer accordingly, also where these amendments occur during the period of the Placement Agreement

8. The Hirer may request that Wurcly enter into discussions over the possibility of the Hirer paying a percentage of the invoiced amount into the relevant account, and also about the level of this percentage, but exclusively where Wurcly have access to a G account or where there is a so-called indemnity account for the Hirer's deposits. The aforementioned option may only be adopted where agreement has been reached.

Article 9 – Payment conditions

1. Only direct payments to Wurcly will discharge the obligations of the Hirer.

2. Wurcly will immediately create an advance payment invoice at the time when the Hirer accepts a Candidate's application. This amount will be held on deposit and will become payable following the completion of the Assignment. The Assignment may be cancelled up to 24 hours before the commencement of the Assignment. In the event of later cancellation the full costs will be charged.

3. Direct payments or the payment of advances to the Candidate by the Hirer are not permitted, regardless of the reason or the manner in which this takes place. Such payments shall be without relevance to Wurcly and shall not provide grounds for the settlement of debts or offsetting.

4. All costs both judicial and extrajudicial, including the costs of legal assistance, which are necessarily incurred by Wurcly as a consequence of failure by the Hirer to meet his payment obligations shall be borne by the Hirer. Wurcly's extra-judicial recovery costs as calculated on the amount to be recovered shall amount to at least 15% of the principal sum, with a minimum amount of €500.

Article 10 – User content on the Wurcly App

1. By making Content available Users automatically grant Wurcly a non-exclusive, transferable, royalty-free, worldwide licence for the use or reuse of that Content, not limited by time and with the possibility of sub-licensing, even where the Content is protected by any rights, including but not limited to intellectual property rights.

2. Wurcly shall in no sense be liable for compliance by the Users with these General Terms and Conditions, and shall also not be liable for actions of Users or third parties in conflict with these General Terms and Conditions, with any legal stipulation or for any other unlawful action relating to Content made available by Users.

3. The Users acknowledge that the following non-exhaustive list of actions are in any event prohibited when placing Content on the Wurcly App:

  • The placing of Content which can be regarded as discriminatory, hateful, threatening, misleading, slanderous or insulting;
  • The placing of Content containing obscenities, pornographic material or material presenting a threat to human dignity
  • The installation of computer viruses or other malware;
  • Stalking of other users;
  • The inappropriate use of political, nationalistic or religious symbols and/or beliefs;
  • The commission or the incitement of any criminal or illegal action;
  • The breaching of any third party's intellectual property or other rights, including but not limited to author's rights, trademark rights and the like. The Users hereby acknowledge that the copying or use of Content from another user requires the explicit consent of that other user;

4. Wurcly shall be entitled to check the Content placed by Users at any time. Users accept that Wurcly may take all available measures which they deem useful if in their opinion actions in conflict with the stipulations of these General Terms and Conditions are being carried out.

Article 11 - Duty of Care on the Part of the Hirer and Indemnification of Wurcly

1. The Hirer is aware that he has an obligation to provide a safe place of work for the Candidate under the Working Conditions Act and Article 7:658 of the Civil Code. The Hirer is to provide the Candidate with practical instructions to prevent the Candidate being injured in carrying out his activities. The Hirer shall also provide the Candidate with any necessary personal protective equipment.

2. In good time and in any event before the start of the assignment, the Hirer shall provide the Candidate and Wurcly with the necessary information about the professional qualifications required of the Candidate, as well as the Risk Assessment and Evaluation, relating to the specific characteristics of the workplace.

3. The Hirer shall not second the Candidate placed with him to a third party in order for the Candidate to work under the direction and supervision of that third party, without the permission of Wurcly.

4. The Hirer shall be liable to the Candidate and to Wurcly for and shall as a result be required to make compensation for any damages suffered by the Candidate in the discharge of his duties, unless the damages are to a significant degree the consequence of intention or conscious recklessness on the part of the Candidate, all taking account of the stipulations of Article 14.

Article 12 - Property Rights

1. Wurcly reserve all intellectual property rights associated with or shown on the Wurcly App. The partial or complete modification, removal, rendering illegible, overwriting or concealment of any indications or notifications of intellectual or other property of Wurcly are prohibited.

2. The conversion of the software associated in any way with the Wurcly App into a readable form by means of reverse engineering, reverse compilation or any other method is prohibited. The users hereby undertake not to make copies of the software or to have such copies made. The Users hereby further undertake not to create any derived software and not to use the software in any way other than the normal use of the Wurcly App.

3. Nothing stated in these General Terms and Conditions and/or the Wurcly App is intended to transfer or grant any intellectual property rights to the Users. In the event of a breach of the foregoing, the amount of €10,000 shall be claimed for each breach, without prejudice to the entitlement of Wurcly to claim a higher amount where Wurcly are able to demonstrate that the damages suffered exceed the amount of €10,000.

Article 13 – Cancellation

1. Where a party fails to meet his obligations under the Placement Agreement then, in addition to what is stipulated in the Placement Agreement, the other party is entitled to cancel the Placement Agreement extra-judicially by means of notice in writing. This cancellation shall be effective only following written notification of the defaulting party that they are in default, with a reasonable period allowed for him to rectify the serious shortcomings.

2. A party shall furthermore be entitled, without any requirement for a demand or notice of default, to cancel the Placement Agreement extra-judicially in whole or in part with immediate effect by means of notice in writing, if:

  1. The other party applies for cessation of payments or provisional cessation of payments, or where cessation of payments or provisional cessation of payments is granted;
  2. The other party applies for bankruptcy or is declared bankrupt;
  3. The other party's company is liquidated;
  4. The other party suspends his existing company;
  5. A significant element of one party's capital is seized, without the involvement of the other party, or the other party must otherwise be deemed no longer to be in a position to meet his obligations under the Placement Agreement.

3. Where at the time of cancellation the Hirer had already received deliverables in implementation of the Placement Agreement, then he may only cancel the Placement Agreement in part, and only that part which has not yet been implemented by or on behalf of Wurcly.

4. Amounts invoiced by Wurcly to the Hirer prior to the cancellation of the Placement Agreement and in connection with deliverables already provided in implementation of the Agreement shall continue to be payable to Wurcly by the Hirer, and shall be payable immediately at the time of the cancellation.

5. Where the Hirer, having been placed in default in relation to the matter in question fails or fails in part or fails in good time to meet any obligation flowing from the Placement Agreement, then Wurcly shall be entitled to suspend fulfilment of their obligations towards the Hirer, without thereby incurring any liability to pay compensation to the Hirer for damages, or the Hirer may provide Wurcly with financial security by means of an advance payment or bank or other guarantee. The amount of the advance payment or the bank or other guarantee shall be in proportion to the obligations of the Hirer under the Placement Agreement. The foregoing shall also apply in the circumstances set out under Section 2 of this Article.

6. Where in the opinion of Wurcly there is reasonable doubt concerning the financial position of the Hirer, then the Hirer shall at the request of Wurcly provide the financial security as specified in Section 5.

Article 14 – Liability

1. Except when required by mandatory law and taking account of normal standards of fairness and reasonableness, Wurcly shall not be obligated to make compensation for damages of whatever nature, whether direct or indirect, caused to the Candidate or to the personnel or property of the Hirer or a third party, resulting from:

  1. The provision of the Candidate to the Hirer by Wurcly, even where it is found that the Candidate does not appear to meet the requirements specified for him by the Hirer;
  2. Unilateral termination of the Temporary Employment Agreement by the Candidate;
  3. Actions or omissions on the part of the Candidate, the Hirer or a third party, including the entry into undertakings by the Candidate.

2. Any liability on the part of Wurcly for any direct damages shall in all circumstances be limited in the case of any one event to 50% of the relevant amount invoiced or to be invoiced. Wurcly shall in no circumstances be liable for indirect damages, including consequential damages.

3. The Hirer is obligated to arrange for adequate liability insurance providing total cover for all direct and indirect damages as referred to in Section 1 of this Article.

4. The Hirer must in any event indemnify Wurcly against any claim by the Candidate or a third party for compensation for damages as specified in Section 1 of this Article suffered by that Candidate or a third party.

5. The limitations on liability set out in Sections 1 and 2 of this Article shall lapse where there is intention or gross culpability on the part of Wurcly and/or their supervising staff.

6. Wurcly shall be entitled at all times to undo any damages suffered by the Hirer, where and to the extent possible. This shall also include Wurcly's entitlement to take measures which might prevent or limit any damages.

Article 15 – Complaints procedure

1. In the event of a complaint concerning the implementation of the Assignment by either the Hirer or the Candidate, the complaint must be reported in the Wurcly App immediately and at the latest within 24 hours of the completion of the Assignment. The Wurcly App includes separate options to "Block Payment" or "Report a Problem" for this purpose.

2. In the event that a Hirer or a User fails to use the option in the Wurcly App to report a complaint immediately but at the latest within 24 hours of completion, then all entitlements to raise a complaint at a later time shall lapse.

3. On receipt of a report of a complaint in the Wurcly App, Wurcly will contact the complainant within 10 working days, where the complaint must be reported to Wurcly fully and with a clear description.

4. Where the complaint cannot be resolved following mutual discussion, it shall be deemed to qualify for the disputes procedure.

Article 16 – Disputes Procedure, Election of Forum and Applicable Law

1. All agreements between Wurcly and Users shall be subject exclusively to the Law of the Netherlands and the Court at Amsterdam shall be exclusively competent to take cognisance of the dispute, except in cases where the law mandates another Court to take cognisance of the dispute.