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TRIXXO CONSTRUXX: General terms and conditions for performance of services

TRIXXO CONSTRUXX: General terms and conditions for performance of services

1. Definitions
"TRIXXO CONSTRUXX": the public limited company TRIXXO CONSTRUXX, registered in the register of legal entities under the KBO number 0866.674.808.
"General Terms and Conditions": these General Terms and Conditions.
"User": any natural or legal person who purchases one or more services from TRIXXO CONSTRUXX and has entered into an agreement with TRIXXO CONSTRUXX for this purpose.
"Agreement": The cooperation agreement between TRIXXO CONSTRUXX and the User on the basis of which services are provided, drawn up in accordance with the applicable Belgian legislation.

2. Applicability
2.1. The legal relationship between the User and TRIXXO CONSTRUXX and everything related thereto is subject exclusively to the following standards: (in hierarchically descending order, the following in the absence or silence of the preceding)

TRIXXO CONSTRUXX rejects all other standards and conditions, with the sole exception of those TRIXXO CONSTRUXX has expressly agreed in writing with the User. Such derogations expressly accepted in writing are valid only for the agreement to which they relate and may not be invoked in any other agreements, even similar ones. The User accepts that these General Terms and Conditions shall be the only ones applicable, to the exclusion of its own general or specific (purchase) terms and conditions, even if these would stipulate that they are the only ones applicable.
2.2. The possible nullity of one of the provisions of these General Terms and Conditions or part of a provision does not affect the applicability of the remaining provisions and/or the rest of the provision. In the event of nullity of one of the provisions, TRIXXO CONSTRUXX and the User shall, to the extent possible and according to their loyalty and conviction, negotiate to replace the void provision with an equivalent provision which complies with the general spirit of these General Terms and Conditions. If the parties fail to reach agreement, the competent forum may moderate the void provision to what is (legally) permissible.
2.3. Should TRIXXO CONSTRUXX fail to enforce or apply one or more of the rights set out in these General Terms and Conditions, possibly or even repeatedly, this shall be deemed to constitute tolerance of a particular situation and shall not result in the forfeiture of rights. Such failure may never be regarded as a renunciation of such provision(s) and shall never affect the validity of these rights.
2.4. TRIXXO CONSTRUXX shall be entitled to amend these General Terms and Conditions at any time. Possible amendments will always be communicated to the User in advance. In addition, the User may at any time request an extract of the TRIXXO CONSTRUXX General Terms and Conditions applicable at the relevant time. Such amendments also apply to agreements already concluded. Changes to essential elements of the Agreement shall always be based on objectively justifiable factors.

3. Conclusion of Agreement
3.1. Any proposal, offer, communications, etc. made by TRIXXO CONSTRUXX are always free of obligation and may only be regarded as an invitation to acceptance of the proposal/offer by the User. A proposal/offer made by TRIXXO CONSTRUXX is only valid for the specific services/orders described in the offer/agreement and therefore does not automatically apply to subsequent (similar) requests. A proposal/offer is also only valid for the duration stated on the proposal/offer unless expressly agreed otherwise. If no duration period is stated on the proposal/offer, the validity of the proposal/offer is limited to fourteen (14) calendar days.
3.2. The Agreement between TRIXXO CONSTRUXX and the User shall not come into effect until the written Agreement has been signed by both parties or as soon as a person authorised to legally bind TRIXXO CONSTRUXX confirms the User's request in writing and/or electronically or, in any event, as soon as TRIXXO CONSTRUXX commences execution of the request. TRIXXO CONSTRUXX shall refuse the application only if such refusal is based on objective factors.

4. Temporary employment
4.1. Pursuant to Collective Labour Agreement 38 quater of 14/07/1999, TRIXXO CONSTRUXX may not treat candidates in a discriminatory manner; consequently, the User is only permitted to formulate job-relevant criteria in its application.
4.2. The User undertakes to provide TRIXXO CONSTRUXX with all the necessary information upon commencement (within 5 working days) and during the term of the Agreement and, moreover, to notify TRIXXO CONSTRUXX immediately and preferably in writing of any change.
Without being exhaustive, this is certainly the issue in the following cases:

The User is solely liable for the consequences arising from the failure to provide this information in a timely way or in an insufficient or incorrect manner. Any rectifications and/or costs incurred as a result shall give rise to additional invoicing to the User. The User shall indemnify TRIXXO CONSTRUXX against any third-party claim.
4.3. The User undertakes to provide TRIXXO CONSTRUXX with all necessary information in writing at the start and during the term of the Agreement to enable him to fulfil his legal obligations. Without being exhaustive, this shall certainly be the case in connection with TRIXXO CONSTRUXX' obligations regarding costs borne by the Employer and any associated rectifications. Where the User grants reimbursement of expenses proper to the employer, it must submit all the supporting documents required by the tax and social security authorities.

In particular, the User transfers the following documents to TRIXXO CONSTRUXX on a daily/weekly or monthly basis:

The User also undertakes to notify TRIXXO CONSTRUXX in writing in the event of any change to the internal flat-rate compensation regime. The User is solely liable for the consequences resulting from failure to provide all the aforementioned information in a timely way or in an insufficient or incorrect manner. Any rectifications and/or costs incurred as a result shall give rise to additional invoicing by TRIXXO CONSTRUXX to the User. TRIXXO CONSTRUXX reserves the right, in the event of failure to communicate the necessary documents (in good time), to re-invoice the reimbursement of costs borne by the Employer with a surcharge of 309% and an additional declaration to cover itself against the consequences of a possible tax and parafiscal administration audit.
4.4. The User bears responsibility for the correct application of reasons and deadlines for temporary work; within the framework of these reasons, in the cases provided for by law, he shall ensure the necessary authorisations and notifications in connection with the employment of temporary workers.
4.5. When using successive daily contracts, the User guarantees that this is justified by the need for flexibility specific to its business. At TRIXXO CONSTRUXX' request, the User shall provide the necessary supporting documents proving that the use of successive daily contracts complies with the relevant statutory provisions. The User expressly acknowledges that TRIXXO CONSTRUXX has no power of appreciation whatsoever to assess the use of successive daily contracts and that the User alone is responsible for this. Any penalties imposed on TRIXXO CONSTRUXX in the event of non-accountability shall be charged to the User on the basis of the same invoicing terms and conditions as those in force during the period of posting.
4.6. TRIXXO CONSTRUXX is under no circumstances liable for the consequences of the absence and/or late attendance of its temporary workers.
4.7. The User may not rely on the services of TRIXXO CONSTRUXX in the event of temporary unemployment, strike, or lock-out in its company. In such cases, the User must notify TRIXXO CONSTRUXX immediately (no later than 4 hours) and in writing. The compulsory withdrawal of temporary workers in such cases shall not give rise to TRIXXO CONSTRUXX paying compensation to the User.
4.8. During the duration of the temporary worker's employment with the User, in accordance with Article 19 of the Act of 24 July 1987, the User is responsible for the application of the provisions of the Act on the regulation and protection of labour applicable at the place of employment. It follows that the User must treat temporary workers on an equal footing with its permanent staff, including with regard to working time, reduction of working hours, compensation, breaks, public holidays, Sunday work, night work, welfare of the temporary worker at work, etc.
4.9. The User is prohibited from sub-contracting to and/or making available to third parties the temporary workers made available by TRIXXO CONSTRUXX in violation of the Act of 24 July 1987. In the event of a breach of this prohibition by the User, TRIXXO CONSTRUXX reserves the right to immediately terminate its cooperation with the User. Any damage which TRIXXO CONSTRUXX may suffer as a result of a breach of the prohibition referred to in the first paragraph shall then moreover be recoverable in full from the User.
4.10. The civil liability provided for in Article 1384(3) of the Civil Code shall rest with the User. Consequently, the User shall be solely liable for all 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. TRIXXO CONSTRUXX is also not liable for any damage caused by the temporary worker to the User during and following his employment with the User. TRIXXO CONSTRUXX' liability is also not involved in the event of damage, loss, theft or disappearance of material, money, or goods entrusted to the temporary worker. TRIXXO CONSTRUXX is also not liable for any loans or advances, in kind or cash, that may have been granted to the temporary worker by the User. Furthermore, the recovery of expenses arising from the use of, inter alia, telephone for private purposes, meals used in the company restaurant, authorised purchases, etc. shall be made without the mediation of TRIXXO CONSTRUXX.
4.11. TRIXXO CONSTRUXX is bound by an obligation of means and chooses the temporary worker in accordance with the standards of good housekeeping based on the qualifications communicated by the User. If a subcontractor is used to provide temporary workers, such temporary workers are subject to final screening by TRIXXO CONSTRUXX in order to ensure that the qualitative standards established with the User are guaranteed. If the User itself carries out the selection of candidate temporary workers, TRIXXO CONSTRUXX may never be held liable.

Although TRIXXO CONSTRUXX takes due care in the selection of temporary workers, the User who discovers that the temporary worker does not meet the job qualification required is obliged to notify TRIXXO CONSTRUXX of this immediately, in any event during the course of the first day of work, and must terminate the work of such temporary worker. The User undertakes to confirm its decision to TRIXXO CONSTRUXX by registered letter.
4.12. Temporary employees are bound to TRIXXO CONSTRUXX by an employment contract and therefore remain at all times a wage earner of TRIXXO CONSTRUXX under the authority and supervision of the User. Although the temporary worker remains subject to the regulations governing relations between TRIXXO CONSTRUXX as an employer, and the temporary worker as an employee, the temporary worker must comply with the directives of the User with whom he is carrying out this assignment during the performance of work in the context of the assignment entrusted to him.
4.13. In accordance with Article 10 of the Law of 24/07/1987, temporary workers are entitled to the same gross salary, including indexations and conventional increases, bonuses, meal vouchers and other salary components as if they had been taken on by the User as permanent employees. On the basis of this article of these General Terms and Conditions the User must provide TRIXXO CONSTRUXX with this wage information. The User shall be solely liable for the consequences resulting from failure to provide such information in a timely way or in an insufficient or incorrect manner. Any rectifications and/or costs incurred as a result shall give rise to additional invoicing to the User.
4.14. Temporary Workers' Protection
Temporary workers enjoy the same level of protection as other employees of the company in terms of occupational safety and hygiene. Temporary employees may only perform the work as stated on the job posting form or, if no job posting form is required, as stated in the special commercial terms and conditions, in particular in the description of the job posting, the required professional qualification and the result of the risk assessment. In accordance with the Royal Decree of 15 December 2010, the User must, in the cases provided for, complete the work post sheet and submit it to TRIXXO CONSTRUXX before the temporary worker is posted. When drawing up this work post sheet, the User has obtained the advice of its prevention service and occupational doctor.
The User shall bear ultimate responsibility (in accordance with Article 11 of RD 15/12/2010) for making work clothing and personal protective equipment available, as well as for cleaning, repairing and maintaining them in their normal ready-to-use condition, even if a different commercial agreement has been concluded with TRIXXO CONSTRUXX for their supply.
4.15. Accidents at Work
In the event of an accident at work suffered by a temporary worker, the User shall, after taking all urgent measures, immediately notify TRIXXO CONSTRUXX and provide all the information necessary for drawing up the accident report. In the event of a serious industrial accident, the User shall also notify the Work Welfare Inspectorate. If this is delayed or omitted, the User may be held liable for all adverse consequences. In the event of a serious accident at work, the User's internal or external prevention service will draw up a detailed report. TRIXXO CONSTRUXX may involve its prevention department in this and shall note its comments on the detailed report. The User then submits the report to the Health and Safety Inspectorate within ten days. The User undertakes to gradually keep TRIXXO CONSTRUXX informed of the preparation and dispatch of the detailed report. It is the User's duty to investigate every serious occupational accident of its employees (permanent and temporary). He shall identify all causes and take the necessary measures to avoid such accidents in the future. The User shall inform TRIXXO CONSTRUXX in writing of the relevant measures taken such as modification of the work post sheet, adapted personal protective equipment, improved reception and/or modified work instructions. The user consults its internal and/or external prevention advisor for this investigation and involves TRIXXO CONSTRUXX in the occupational accident investigation. TRIXXO CONSTRUXX undertakes to cooperate in accident investigations by exchanging the necessary information and knowledge with the user. Cooperation takes place digitally, by telephone or on site where the accident occurs.
If necessary, the User shall bear the costs and fees of its external prevention service and any experts appointed as a result of the work accident.
4.16. Responsibility for Signed Documents
The User is solely responsible for returning the client contract signed by the temporary worker and (supervising) the return of the completed and signed performance statements. Failing this, the User shall not be able to invoke the failure to sign to the detriment of TRIXXO CONSTRUXX and TRIXXO CONSTRUXX shall invoice the User for the performance actually performed by the temporary worker, the minimum being the contractually agreed performance.
4.17. Performance Statement Confirmation
By signing the performance statement, the User confirms the accuracy of the performances stated and the performance of the work carried out by the temporary worker. Such signing shall take place without delay after completion of the performances described on the relevant performance statement, so that the User shall in no way impede the smooth and correct processing of the wage payment by TRIXXO CONSTRUXX. The User shall not dispute the validity of signatures by his appointees or agents. In the event of automatic performance processing the User shall always agree to the performance data as transmitted to TRIXXO CONSTRUXX by automated or electronic means unless otherwise agreed in writing. TRIXXO CONSTRUXX is not liable for errors in information transmitted by automated transmission.
4.18. Additional Charges for International Employment
The User shall be responsible for any additional charges, including but not limited to compliance with social, fiscal and operational regulations resulting from employment (including posting) of the temporary worker outside Belgium. The User is not allowed to take the temporary workers to another place of employment than originally indicated without written consent. The User agrees that the User shall be liable for all damages, fines and associated costs if the User changes the place of employment, international or otherwise, without TRIXXO CONSTRUXX' written consent.

5. Implementation of the Agreement
The Agreement covers only the services described in the signed written Agreement and/or TRIXXO CONSTRUXX' proposal/offer. Any amendments and/or additions to the services after the conclusion of the Agreement are valid only with the written consent of TRIXXO CONSTRUXX.

6. Delivery of Services
6.1 The execution periods given are always indicative and do not constitute an essential component of TRIXXO CONSTRUXX' obligations vis-à-vis the User nor of the written Agreement between TRIXXO CONSTRUXX and the User nor of the proposal/offer made by TRIXXO CONSTRUXX. In the event of execution periods indicated being exceeded, TRIXXO CONSTRUXX and the User shall agree a reasonable additional period. No exceeding of the initial or additional term(s) may constitute grounds for payment of any compensation or for termination of the Agreement between TRIXXO CONSTRUXX and the User. Accordingly, a delay in performance deadlines does not relieve the User of any obligation to accept or pay for services.
6.2 Changes to the User's request and/or the written Agreement between TRIXXO CONSTRUXX and the User, as well as changes to the offer emanating from TRIXXO CONSTRUXX, shall automatically result in the lapse of the probable execution deadlines stipulated.
6.3 TRIXXO CONSTRUXX is in no way liable for delays incurred as a result of the default of temporary workers and/or the User. The User shall take all necessary measures to ensure the smooth performance of services, including the smooth exchange of information.

7. Invoicing & Payment
7.1 Invoicing will be on the basis of:

For special services (such as overtime, work in shifts, at night, on Sundays and public holidays, etc.), the temporary worker shall be remunerated in accordance with the law and/or Collective Labour Agreement applicable at the User in this regard. The salary supplement thus payable shall be invoiced to the User at the same coefficient as applied to the temporary worker's basic pay or as used to calculate the rate.

7. Invoicing & Payment
7.2 TRIXXO CONSTRUXX invoices are always payable in cash unless otherwise stipulated at TRIXXO CONSTRUXX's registered office or by transfer to the account number stated on the invoice. In the event of payment other than by cash, transfer, direct debit or cheque, the collection costs shall be borne by the User. In accordance with Article 4.9 of these General Terms and Conditions, the User is not permitted to make payments directly in respect of the temporary worker.
7.3 The User must pay the invoices within the payment period of thirty (30) calendar days counting from invoice date. In case of late, non-payment or only partial payment within the foreseen terms of one of the invoices:

7.4 Partial payments shall only be accepted subject to all reservations and shall be charged (in respective order) to (i) interest due, (ii) damages and (iii) only then to outstanding principal sums.
7.5 Any method of payment granted in writing shall lapse ipso jure as soon as TRIXXO CONSTRUXX must proceed to collect outstanding invoices from the User by judicial means. In the event of notice of default being served, in the event of protested bills of exchange or bounced cheques, in the event of summonses from the National Social Security Office or other signs of doubtful solvency on the part of the User, the means of payment granted by TRIXXO CONSTRUXX shall also lapse ipso jure.
7.6 From 01/01/2026, structured electronic invoicing will become mandatory for B2B transactions. TRIXXO CONSTRUXX will use the Peppol network for this purpose. If the User wishes to receive invoices via another network, the additional costs for this will be charged to the User.

8. Withholding Tax Exemption
8.1 If the definition and conditions pursuant to Article 2755 §1, §1/1, §2 or §3/1 WIB 92 are met, the User expressly authorises TRIXXO CONSTRUXX to apply for the exemption from payment of withholding tax on wages for shift or night work for the relevant temporary workers employed by it in a system of shift or night work (including fulltime or immovable work).
8.2 For services qualifying for the above-mentioned exemption from payment of the withholding tax on wages for shift and night work as from 1 January 2025 TRIXXO CONSTRUXX shall provide the User with a performance sheet each time such services are performed which includes the following details:

If the User does not oppose the application of the exemption within six (6) calendar days, the User implicitly agrees that the performance meets the necessary conditions and that the exemption may be applied by TRIXXO CONSTRUXX. In other words, final responsibility for application of the exemption remains with the User. This objection must be sent by e-mail to admin@trixxo.be clearly stating which performances are being disputed.
8.3 By not lodging or lodging an objection in good time, the User reaffirms, having regard to the distribution of the burden of proof as to whether or not the conditions for applying the exemption referred to above have been met, that he is prepared to be able to produce the items listed in Annex IIIter, V - V/3 to the KB/WIB and other necessary documentary evidence (as regards temporary and permanent staff employed by it) at first request in the event TRIXXO CONSTRUXX is caught by an inspection. The User undertakes to send the necessary supporting documents by e-mail to admin@trixxo.be at TRIXXO CONSTRUXX' first request. Failing this, or should an inspection reveal that the User's shift or night work system does not satisfy the conditions for application of the exemption from payment of withholding tax on wages, TRIXXO CONSTRUXX shall be entitled to recover (consequential) losses from the User.
8.4 The User also undertakes to notify TRIXXO CONSTRUXX immediately and without delay if (1) there is a difference in scope between successive shifts, and/or (2) the User no longer meets the conditions set out in Article 2755 §1, §1/1, §2 or §3/1, WIB 92.

9. Acceptance and Complaints
9.1 All complaints regarding invoices must reach TRIXXO CONSTRUXX within eight (8) calendar days of the invoice date by registered letter stating reasons, or within the same period by e-mail to admin@trixxo.be, each time stating the invoice number concerned, the amount of the invoice and the name of the company invoiced. After this deadline, the complaint is inadmissible.
9.2 If only part of the invoice is disputed, the User will of course remain liable to pay the uncontested part of the relevant invoice.
9.3 In the case of complaints relating to the service reported to TRIXXO CONSTRUXX correctly and promptly, no later than seven (7) calendar days after the discovery of the defect, TRIXXO CONSTRUXX shall take all useful measures (which are not materially impossible) to remedy the User's complaint such as, inter alia:

The User acknowledges that these measures individually constitute full and adequate compensation for any possible damage resulting from any complaints and accepts that the implementation of these measures cannot be regarded as an acceptance of liability by TRIXXO CONSTRUXX.
9.4 The User is obliged to reimburse costs incurred as a result of unjustified complaints.

10. Registration Obligation FLA
10.1 The User undertakes to provide TRIXXO CONSTRUXX in writing with all necessary data and information required for the registration obligation for the Federal Leaning Account on behalf of TRIXXO CONSTRUXX at the start and during the term of the Agreement. Such details include, but are not limited to, the registration number of the sectoral collective labour agreement on which the temporary worker's training entitlement(s) is based, the temporary worker's training credit, the number of training days taken, the training courses taken and their relevant basic characteristics, the outstanding current value of the training credit, the initial total amount, the remaining amount, the final spending date and payment details of the amounts to fund employability-enhancing measures and any other relevant identification number required for registration.
10.2 The User must provide the necessary data within the requested period following a request to do so by TRIXXO CONSTRUXX.
10.3 The User guarantees that the information provided is accurate, correct and complete.
10.4 The User shall be solely liable for the consequences arising from the failure to provide such information in a timely way, or in an insufficient or incorrect manner. Any rectifications and/or costs incurred as a result shall give rise to additional invoicing to the User. The User shall indemnify TRIXXO CONSTRUXX against any third-party claim.

11. Liability
11.1 TRIXXO CONSTRUXX shall always execute the Agreement to the best of its knowledge and ability and in accordance with the rules of good craftsmanship and in compliance with laws and regulations.
11.2 Unless expressly provided otherwise in these General Terms and Conditions, both the contractual and non-contractual liability of TRIXXO CONSTRUXX to the User shall be limited to the liability mandatorily imposed by law and shall in any event be limited to the lower of the following two amounts:

11.3 TRIXXO CONSTRUXX shall under no circumstances be liable for:

12. Force Majeure and Hardship
12.1 Notwithstanding the provisions of Article 4 of these General Terms and Conditions, TRIXXO CONSTRUXX is not liable for any failure to perform its obligations caused by force majeure or hardship.
12.2 In the event of force majeure or hardship TRIXXO CONSTRUXX may, at its sole option and discretion, without prior notice of default or judicial intervention being required, and without any right of recourse against TRIXXO CONSTRUXX:

If the User does not participate in good faith in such renegotiations, TRIXXO CONSTRUXX may, in accordance with Article 19, request the Court to determine new contractual terms and/or order the User to pay damages.
12.3 Force majeure and hardship, are understood to include (purely exemplary enumeration):

13. Duration and Termination
13.1 The Agreement commences on the day of signature or on the date of written and/or electronic confirmation by the User. If the Agreement does not contain a term, it is concluded for an indefinite period. Parties may terminate this Agreement at any time by respecting a notice period of three (3) months served by e-mail with acknowledgement of receipt or by registered letter to the other Party. In the latter case, the notice period starts on the third calendar day following the date of the registered letter.
13.2 In the event of termination of the Agreement between the User and TRIXXO CONSTRUXX as a result of the User's failure to comply with the legal obligations imposed on him or as a result of erroneous information provided by the User when concluding the Agreement in question, the User shall pay TRIXXO CONSTRUXX liquidated damages equal to the sum of the invoices which TRIXXO CONSTRUXX would have drawn up if the Agreement had been implemented in full, subject to a minimum of 125 euros per calendar day. TRIXXO CONSTRUXX reserves the right, however, to claim higher compensation provided it can prove the extent of the damage.
13.3 In the event of any change in the User's situation, such as death, collective debt settlement, conversion, merger, takeover, transfer, liquidation, cessation of payment, request for postponement of payment, cessation of activity, application of the Continuity of Enterprises Act, seizure or any other circumstance likely to damage confidence in the User's creditworthiness (including but not limited to exceeding the credit limits permitted by TRIXXO CONSTRUXX), or in the event of fraud, deliberate intent or deception, TRIXXO CONSTRUXX reserves the right, on account of that mere fact:

13.4 If the Agreement between TRIXXO CONSTRUXX and the User is terminated, whether or not pursuant to the right of termination described in this article, the User loses the right to require TRIXXO CONSTRUXX to comply with its obligations in respect of the terminated Agreement.
13.5 The User shall be entitled to suspend its obligations under the Agreement in the event that TRIXXO CONSTRUXX fails to comply with its essential contractual obligations without objective reason and does not rectify the same within fifteen (15) calendar days of the User notifying TRIXXO CONSTRUXX.

14. Premature Termination of Assignment
14.1 If the User with the temporary worker proposed by TRIXXO CONSTRUXX but not yet accepted by the User as well as the temporary worker accepted by the User from the date of presentation and before the commencement of the minimum period or, if applicable, before the expiry of the minimum period of 130 performance days, without the intervention of TRIXXO CONSTRUXX, enters into an employment relationship with the temporary worker for the same or another position, the User shall pay TRIXXO CONSTRUXX, by way of compensation for the services rendered by TRIXXO CONSTRUXX, costs incurred and lost profits, an amount equal to 25% of the gross annual salary of the temporary worker concerned. The aforementioned compensation is set at a flat rate based on the mutual agreement between the User and TRIXXO CONSTRUXX, and is based inter alia on the costs the User would have to incur in prospecting, selecting and screening an employee with the same qualifications.

The User shall also owe this fee if, after the posting has ended, the temporary worker enters into an employment relationship with the User and this insofar as 130 performance days have not yet elapsed between the first day of posting and the first day of the employment relationship with the temporary worker.

The User undertakes to inform TRIXXO CONSTRUXX in writing in advance of its intention to enter into an employment relationship with the temporary worker.

Shall mean entering into an employment relationship with the temporary worker:

Shall mean temporary worker:

Shall mean gross annual salary of the temporary worker:

The aforementioned provisions apply without prejudice to TRIXXO CONSTRUXX' right to prove higher damage.

15. Netting:
15.1. In accordance with the Financial Securities Act of 15 December 2004 TRIXXO CONSTRUXX and the User automatically and ipso jure offset and set off all current and future claims against each other. This means that in the permanent relationship between TRIXXO CONSTRUXX and the User only the largest claim remains on balance after the aforementioned automatic set-off.

16. Intellectual property:
TRIXXO CONSTRUXX remains the exclusive holder of all intellectual property rights it holds to the services it provides. TRIXXO CONSTRUXX guarantees that it holds the necessary licences/rights for offering its range of services.

17. Personal data:
17.1. In the context of TRIXXO CONSTRUXX' provision of temporary workers and recruitment and selection of candidates, exchanges of personal data regularly take place between TRIXXO CONSTRUXX and the User. In this context, TRIXXO CONSTRUXX shall always process the personal data in its possession in accordance with the Belgian Privacy Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and the EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, hereinafter referred to as the "Privacy Legislation".

17.4. The User may at any time request access, correction, deletion, restriction, transferability of his/her data by post: TRIXXO CONSTRUXX, [address]; or by e-mail: [email address].

18. Confidentiality:
All confidential information made available by the Parties to each other prior to the conclusion of the Agreement or during or after its execution, shall be considered confidential and treated as such by them. Parties undertake not to disclose this confidential information to third parties unless it concerns information that is publicly available without fault or negligence on the part of the receiving party. In any event, the parties shall only grant their employees and appointees access to this confidential information on a need-to-know basis.

19. Transfer of the Agreement:
Unless otherwise agreed in writing between the parties, the User is not entitled to transfer the rights and obligations arising from the Agreement between TRIXXO CONSTRUXX and the User to a third party.

20. Notices:
All communications in connection with or in response to the execution of the Agreement must be confirmed by e-mail with acknowledgement of receipt or by registered letter. The User acknowledges and accepts that invoices and correspondence from TRIXXO CONSTRUXX may be sent by electronic mail to the agreed invoicing e-mail address. Between the parties, a dispatch notice showing that invoices and correspondence were delivered in the aforementioned manner is sufficient proof.

21. Rights and anticipatory breach:
The rights which TRIXXO CONSTRUXX may derive from these General Terms and Conditions are cumulative as against ordinary law and may be exercised as often as TRIXXO CONSTRUXX deems necessary. Performance of any obligation incumbent on TRIXXO CONSTRUXX under these General Terms and Conditions is subject to the condition precedent that the User itself has fully performed all its obligations under this or any other agreement it has concluded with TRIXXO CONSTRUXX. As long as the User is and remains in default, TRIXXO CONSTRUXX is entitled ipso jure and without prior notice to suspend the performance of its obligations.

22. Digital Acceptance:
The parties agree that entering into this agreement by means of digital acceptance shall have the same legal force and effect as the exchange of original signatures. Furthermore, in any proceedings arising from or relating to this agreement, each party hereby waives any right to raise a defense or objection based on the conclusion of this agreement through such digital acceptance or the electronic retention of the executed agreement.

23. Disputes:
23.1. The Agreement is exclusively governed by and must be interpreted in accordance with Belgian law.
23.2 Only the courts of the jurisdiction in which TRIXXO CONSTRUXX' registered office is located have jurisdiction to hear disputes relating to the Agreement.