Client Specific Terms and Conditions Self-Employed Persons Fujitsu
Versie: 1 – April 2025
Toepasselijkheid
These Client Specific Terms and Conditions ("CSTC") apply to the Assignment on the basis of which a Self-Employed Person will perform Work at Fujitsu Technology Solutions B.V. or Fujitsu Technology Solutions Belgium SA via Intermediary.
Capitalized words have the meanings as defined in the General Terms and Conditions for Intermediary Services for Self-Employed Persons (GTC) of HeadFirst Group.
Article 1 – Invoicing Method
1.1 Invoicing
Invoicing will take place in accordance with the invoicing conditions for the Client and as included in the Self-Employed Person's digital file on the Platform.
Article 2 – Additional Documentation
2.1 Applicable documentation
The provisions in the following terms and conditions and guidelines are part of the Assignment and can be viewed and downloaded at any time via the Platform:
- The Fujitsu Billing Procedure;
- Non-disclosure agreement (model Fujitsu);
- Code of Conduct (model Fujitsu);
- Fujitsu guidelines for the usage of social media.
Article 3 – Assignments: Termination and Notice Periods
3.1 Notice periods
Intermediary is entitled to terminate Assignments with a notice period of 11 days.
A notice period of at least two months applies to the Self-Employed Person.
3.2 Termination during the first four weeks
If, during the first four weeks after the start of the work, it appears that the Professional does not fit into the team or does not meet the stated knowledge and experience, at the discretion of the Client or its client, Intermediary has the right to terminate the Assignment with immediate effect.
No costs will be incurred by the Intermediary and/or the Client as a result of such termination, other than the remuneration due for the work performed.
If the aforementioned situation arises, Intermediary will inform the Self-Employed Person of the immediate termination no later than the last day of these four weeks.
Article 4 – Liability
4.1 Liability limit
The liability of the Self-Employed Person per event is limited to a maximum of:
- €1,000,000, or
- 150% of the total amounts invoiced or to be invoiced in respect of the Assignment during a period of 12 months prior to the event causing the damage,
whichever is the highest.
Article 5 – Non-Competition Clause
5.1 Non-competition restriction
Without the prior written consent of the Client, the Self-Employed Person is not permitted, during the term of an Assignment and for a period of 12 months thereafter, to carry out similar work directly or indirectly for the Client in question through another construction.
Article 6 – Penalty Clause
6.1 Contractual penalty
If the Self-Employed Person acts in breach of an obligation under the Assignment, the Self-Employed Person will forfeit an immediately payable penalty of:
- €25,000 for each infringement, and
- €10,000 for each day that such a breach continues.
This is without prejudice to the other rights of the Intermediary and/or the Client, including the right to claim full compensation instead of the aforementioned penalty.
Article 7 – Screening
7.1 Pre-Employment Screening (PES)
The Self-Employed Person must ensure that a Pre-Employment Screening (PES) is submitted to the Intermediary before the start of the work.
The Intermediary will initiate this PES.
The costs for this screening will be borne by the Self-Employed Person.
7.2 Suspension of payment
Payment of invoices relating to the deployment of the Self-Employed Person will be suspended until the Intermediary has received a valid PES of the Self-Employed Person.
Article 8 – Working Hours, Holidays, Travel Hours and Tools
8.1 Working hours and holidays
Working hours and holidays of the Self-Employed Person will be determined or taken after consultation.
The last week of December and the first week of January of each year will be taken as holidays by default, unless otherwise agreed in writing.
8.2 Travel time
Travel time of up to two hours per day is included in the fee associated with the Assignment.
If, at the request of the Client, the Self-Employed Person has more than two hours of travel time on that day, in addition to eight hours worked per day, that travel time can be invoiced after approval of the Client.
8.3 Computer equipment
The Client will, if applicable, make a laptop available to the Self-Employed Person during the performance of the Assignment.
For security reasons, the Self-Employed Person may not use their own computer equipment for the Assignment.
Article 9 – Force Majeure
9.1 General provision
Neither party is obliged to fulfil an obligation under an Assignment if it is prevented from doing so as a result of a circumstance that:
- is not attributable to its fault; and
- is not for its account by virtue of the law, legal act or generally accepted practice.
A case of force majeure must be notified to the other party, together with the necessary supporting documents.
9.2 Exclusions from force majeure
Force majeure is in any case not understood to mean:
- illness or incapacity of employees or third parties of the other party invoking force majeure;
- delays caused by suppliers;
- shortage of materials;
- the impossibility of obtaining the required permits or permission; or
- labour disputes.
Document: Client Specific Terms and Conditions – Self-Employed Persons
Client: Fujitsu Technology Solutions B.V. / Fujitsu Technology Solutions Belgium SA
Intermediary: HeadFirst Group
Version: 1 – April 2025