Terms and Conditions Clients – Temporary Workers

These General Terms and Conditions apply as of 22 May 2023 to the use of the online software platforms and applications offered by PHC BV, with registered office at Bouwstraat 8, 9160 Lokeren, registered in the Crossroads Bank for Enterprises under number BE0821.648.693 (hereinafter “Uworx”), within a “Software-as-a-Service” model for Clients, for the execution of temporary assignments via Uworx (the “Uworx Platform”) and the provision of workers (“Temporary Workers”) to third parties (hereinafter “Client”) in the context of temporary agency work in accordance with the Act of 24 July 1987 and the applicable collective labour agreements (the “Services”).

Definitions

Employment Contract: the agreement concluded between the Temporary Worker and Uworx for the performance of the Assignment with the Client.

GDPR: Regulation (EU) 2016/679 of 27 April 2016.

Services: services provided by Uworx via the Uworx Platform.

Employee: any natural person authorized by the Client to use the Platform.

Client: a customer who has concluded an agreement with Uworx.

Agreement: the contract between Uworx and the Client including these terms.

Temporary Worker: any individual registered and available for assignments.

Temporary Worker Agreement: terms accepted by workers using the platform.

Uworx Platform: the online software and applications.

1. Scope

These Terms apply to the Services and the use of the Platform by the Client.

The Platform is an online system enabling Clients to use Uworx services. Use requires acceptance of these Terms.

2. Use of the Platform

Uworx grants access to agreed modules and services.

The Client ensures Employees comply with usage conditions.

A revocable, non-exclusive licence is granted.

The Platform may only be used for the Client’s own purposes.

The Client must keep login credentials confidential.

The Client is responsible for hardware/software requirements and updates.

All data entered must be accurate and lawful.

Incorrect data may result in liability and compensation obligations.

The Client must keep backups.

Malfunctions must be reported immediately.

3. Assignments

Creation

The Client guarantees compliance with Belgian temporary work law.

The Client is responsible for correct data (tasks, dates, wages, requirements).

Changes must be communicated immediately.

Execution

Temporary Workers may only perform allowed tasks.

The Client ensures safety, training, and protective equipment.

No task changes without Uworx consent.

Equal benefits must be granted.

DIMONA obligations require prior notification.

Non-suitability must be reported within 4 working hours.

No use during strikes or economic unemployment.

Work Accidents

The Client is responsible for workplace safety compliance.

Accidents must be reported immediately.

The Client is liable for damages caused by the worker.

Remuneration

Uworx is not responsible for benefits or losses caused by the worker.

Hours worked are invoiced; certain non-worked hours are also billable.

Signed timesheets confirm performance.

4. Termination

Early termination or late changes (<48h) require compensation.

Minimum compensation: €100/day.

Uworx may claim additional damages.

Replacement efforts are best-effort obligations.

5. Invoicing

Invoices are based on timesheets and agreed rates.

Special hours are billed proportionally.

Weekly invoicing unless agreed otherwise.

Invoices must be disputed within 7 days.

Late payment incurs interest (10–12%) and penalties.

6. Suspension

Uworx may suspend services in case of breach or non-payment.

Platform access may be restricted.

7. Platform Use Restrictions

The Client must not:

Perform illegal activities
Share harmful or illegal content
Violate intellectual property
Breach data protection laws
Send spam
Reverse engineer the platform

8. Liability

Uworx liability is limited to:

Direct damage
Max €5,000

No liability for indirect damage.

The Client indemnifies Uworx for misuse.

9. Confidentiality

All data is confidential unless:

disclosure is required
consent is given
necessary for service execution

10. Duration & Termination

The Agreement is indefinite.

Data will be returned or deleted upon termination.

Access may be suspended for breaches.

11. Data Protection

Processing is done in accordance with GDPR and a Data Processing Agreement.

12. Miscellaneous

Terms effective from 22 May 2023.

Changes may be made with notice.

Belgian law applies.

Competent courts: East Flanders (Ghent).

Temporary Worker Agreement – Version 22 May 2023

Purpose and Access to the Uworx Platform

1.1 The Uworx platform is an online system and application that can be used by workers, employers and clients for processing and executing temporary assignments. Given the functionalities of the platform and the nature of the data processed, users must agree to the provisions of this Temporary Worker Agreement in order to use the platform.

1.2 This agreement is concluded between PHC BV (registered office: Bouwstraat 8, 9160 Lokeren, company number BE0821.648.693, hereinafter “Uworx”) and you / the temporary worker, who will perform assignments in the name and on behalf of Uworx for its clients (“Clients”) using the Uworx platform.

Use of the Platform

2.1 Uworx grants the temporary worker a revocable, non-exclusive, non-transferable and limited license to use the platform.

2.2 The use is strictly personal and only allowed for performing assignments. It is prohibited to:

obtain contact details of third parties
let others perform assignments
use the platform for third-party commercial purposes

2.3 You must act as a careful user and respect online etiquette.

2.4 You must keep your login credentials confidential.

2.5 You are responsible for your hardware, software, and updates.

2.6 You are responsible for the accuracy and updating of your personal data.

2.7 You guarantee that all provided data is accurate, including:

identity data
employment status
required medical data

Incorrect data may result in financial consequences and liability towards Uworx.

Assignments

3.1 You acknowledge that the contracts offered are temporary work contracts under Belgian law.

3.2 You must sign contracts before starting work.

3.3 Unsigned contracts before the start time become void.

3.4 In case of a work accident, notify Uworx immediately.

3.5 In case of illness, notify before start time and submit a medical certificate within 48 hours.

3.6 Absences must be reported between 8:30 and 9:30.

3.7 A withholding tax (default 18%) applies to wages.

Confidentiality

You must treat all information obtained via the platform as confidential.

Breaches

5.1 It is prohibited to:

enter false data
misuse the platform
hack or bypass security
spam or spread malware
distribute offensive or illegal content
violate intellectual property rights

5.2 Uworx may suspend or terminate access in case of breaches.

5.3 Uworx may report violations to authorities.

Liability

6.1 Uworx is not liable for damages caused by misuse by the worker.

6.2 The worker must compensate any damage caused by fault or negligence.

Intellectual Property

All rights belong to Uworx.
The worker guarantees lawful use of shared data.

Privacy

Personal data is processed according to the Privacy Policy.

Concluded between

PHC BV, a private limited company under Belgian law operating under the name UWORX, with its registered office at Bouwstraat 8, 9160 Lokeren, registered with the Crossroads Bank for Enterprises under number BE0821.648.693, duly represented by Mr Nikolaas Andries in his capacity as director;
hereinafter referred to as “UWORX”;

AND

The “Client” as defined in the Master Agreement;
hereinafter jointly referred to as the “Parties” or individually as a “Party”.

Recitals

UWORX is a company with recognized expertise in the execution of temporary assignments.

The Client wishes to use such services and has entered into a cooperation agreement granting access to the Uworx platform (the “Master Agreement”).

Within this context, both Parties process personal data of candidates, temporary workers and Client employees.

Depending on the data, Parties act as processors or joint controllers under Article 26 GDPR.

This Agreement governs their respective rights and obligations.

Article 1 – Subject

Processing activities and roles are described in Annex 1.

Categories of personal data are also specified in Annex 1.

Processing is limited to agreed purposes.

Article 2 – Processing Activities

UWORX performs the agreed processing activities.

Additional compatible processing may be carried out, for which UWORX becomes sole controller.

UWORX is not liable for incorrect data, instructions or outdated information.

UWORX determines the processing means, documented in its register.

Parties must notify each other of potential legal issues.

Secure communication channels and contact points are required (Annex 2).

International data transfers require prior agreement and must follow GDPR mechanisms (e.g. SCCs).

Each Party must implement appropriate technical and organisational measures.

Article 3 – Client Obligations

The Client must provide all relevant information and cooperate fully with UWORX.

Article 4 – Sub-processors

UWORX may appoint sub-processors.

The Client may object within 5 working days.

A list of sub-processors must be available.

Article 5 – Data Breaches

Data breaches must be reported within 72 hours.

The notification must include full details.

The responsible controller must inform authorities and data subjects.

Article 6 – Data Subject Rights

Parties must cooperate when individuals exercise their GDPR rights.

Requests must be shared within 5 working days.

Information must be clear, accessible and free of charge.

Deletion requests may be opposed based on legitimate interest.

Article 7 – Authorities

Parties must inform each other of any legal requests or investigations and cooperate fully.

Article 8 – Audit

Each Party must provide information within 10 working days upon request.

Audits may be conducted by an independent third party in case of incidents or suspicion.

Costs are borne by the requesting Party unless non-compliance is proven.

Article 9 – Privacy Impact Assessment

Parties assist each other with DPIAs and consultations with authorities.

Costs are borne by the requesting Party.

Article 10 – Liability

Each Party is only liable for its own GDPR obligations.

Liability is limited to direct damage.

UWORX liability is capped at €10,000 (except in case of fraud or gross negligence).

Article 11 – Confidentiality

All information must be treated as confidential.

Access is limited to a need-to-know basis.

Article 12 – Intellectual Property

No transfer of intellectual property rights is implied.

Article 13 – Miscellaneous

The Agreement enters into force upon signature.

It is linked to the Master Agreement.

Term equals the duration of the Master Agreement.

Changes require written consent.