An ad interim Assignment within the meaning of these general terms and conditions exists if a freelancer/entrepreneur is employed by the Client through the mediation of Pure Assistants in the context of an Assignment. The freelancer/entrepreneur is hereinafter referred to as “the contractor”.
Article 19 Assignment
The work to be executed is carried out by the contractor independently. Within the context of the Assignment, the Client is authorized to give instructions and directions.
Article 20 DBA Act
Within the context of ad interim, Pure Assistants only mediates Contractors with whom Pure Assistants has an agreement complying with the DBA Act.
Article 21 Term and termination
1. An agreement of services is entered into for a fixed term and ends, by law, after the agreed term has expired.
2. If the Assignment is not carried out to the satisfaction of the Client, the latter may advise the Contractor to carry out the Assignment in a different way. If the Contractor is not prepared to do so, which is at his discretion, the Client is authorized to terminate the agreement, subject to a notice period of 14 days.
3. With regard to termination of the agreement prior to the agreed end of it, Article 13 applies mutatis mutandis, on those conditions that this right belongs to all three parties and the notice period as referred to in Article 13 paragraph 1 is one month.
4. If the Client wishes to continue the relevant sub-agreement after termination, the Contractor will inform Pure Assistants of this as soon as possible. If the parties reach agreement on this matter, a new sub-agreement will be drawn up.
Article 22 Acquisition of Freelancer/Independent Contractor
1. Definition of Acquisition: acquisition’ refers to the employment of the freelancer/independent contractor by the client or a third party during or after the term of the freelance agreement.
2. Conditions for Acquisition: the acquisition of the freelancer is permitted provided that the client pays an acquisition fee to Pure Assistants according to the following scale:
- For collaborations lasting 1 to 4 months, the acquisition fee is € 11.500 ex VAT.
- For collaborations lasting 4 to 6 months, the acquisition fee is € 9.750 ex VAT.
- For collaborations lasting 6 to 12 months or longer, the acquisition fee is € 7.500 ex VAT.
3. Payment Terms: the acquisition fee must be fully paid to Pure Assistants within 14 days from the date of the written agreement for acquisition between the client and the freelancer.
4. Notification Requirement: the client is required to notify Pure Assistants in writing of the intention to acquire at least 30 days before the intended date of acquisition.
5. No Restrictions After Payment: once the acquisition fee is fully paid, there are no further restrictions on the client regarding the employment relationship with the freelancer.
6. Amendments: any changes to the terms of this acquisition can only be made in writing and agreed upon between Pure Assistants and the client.
Article 23 Other provisions
1. Article 15 paragraph 5 (house rules) also applies to the Contractor.
2. The Client’s obligations laid down in Article 16 also apply to the Contractor.
3. The prohibition as referred to in Article 11 applies mutatis mutandis, whereby “employee” should be read as “Contractor(s)”.
4. Pure Assistants is entitled to include the name and company logo of the Client in its list of customer references.
