GENERAL TERMS AND CONDITIONS OF SALE

VERSION 01/08/2022

The general terms and conditions of sale stipulated below (the "GTCS") are drawn up by The Event TEAM SRL, whose registered office is located at Avenue Louise 523 à 1050 Ixelles | Belgium, registered with the Crossroads Bank for Enterprises under the number BCE 0744 809 451, hereinafter referred to as "The Event.

PREAMBLE

The Parties have agreed to collaborate in order to meet the needs of the Customer for its projects in the event and catering sector.

The Client decides to place an order with The Event (the "Order"), in accordance with the terms and conditions set out in these General Terms and Conditions of Sale (the "GTCS"), in strict compliance with Article 31 §1 of the Act of 24 July 1987 on temporary work, temporary employment and the provision of service providers to users.

Description des services de The Event. These sales terms and conditions include the following documents in their most recent version, which form an integral part of them:

Terms and conditions for the provision of The Event's services
Description of the services of The Event.

Article 1. Subject

1.1. Prior to any Order, the Customer shall obtain all necessary advice and ensure that the services it intends to order correspond to its needs. The Event shall not be liable for any error in the Customer's choice or assessment.

1.2. The information contained in the rates, catalogs or any other documents made available to customers are given as an indication.

1.3. The Parties agree that the services specified in the Order (the "Services") will be provided to the Customer by The Event's staff providers (the "Staff") for the duration specified in the Schedule.

1.4. The Event shall provide the Services to Customer with all the expertise, independence and diligence that can be expected of a professional in the event and horeca.

Article 2. Orders and processings

Orders

2.1. All Orders are subject to the GTCS, which form an integral part of the agreement between the parties. Any deviation from these terms and conditions will only be valid if made in writing and expressly confirmed by The Event.

Any deviation shall only be valid if made in writing and expressly confirmed by The Event.
All Orders are subject to the GTC, which form an integral part of the agreement between the parties. Unless otherwise agreed in writing, each Order automatically implies the Client's acceptance of the GTC, and its agreement that they take precedence over any other provision, including its own general conditions of purchase.

2.2. It is the Customer's responsibility to verify the accuracy of the Order and to notify The Event immediately of any errors, and to return the signed Order for confirmation.

2.3. Unless otherwise provided in writing, each Order automatically implies Customer's acceptance of these terms and conditions of sale, and Customer's agreement that these terms and conditions of sale shall prevail over any other provision, including Customer's own terms and conditions of purchase.

2.4. In the event of an additional Order, the terms and conditions of the original Order shall not automatically apply and the components of such Order shall be those of the current price list.

2.5. The Event reserves the right to suspend, cancel or refuse a Customer's order, in particular in the event that the data provided by the Customer is clearly erroneous or incomplete or if there is a dispute over payment of a previous order.

Ordering Process

2.6. To place an Order, the Customer chooses the type of Services and informs The Event by email at admin@the-event.be. In response, The Event sends the Customer an offer and/or an Order confirmation.

2.7. In the Order, the number of hours indicated is an estimate that is subject to change depending on the number of hours actually performed at the event.

2.8. All Orders become official only after written confirmation by The Event; thereafter, any cancellation of a Provider's Order will be subject to compensation.

Article 3. Duration and rescission

3.1. The Order is entered into for the specified period starting from the date of the Order confirmation.

3.2. Either party may terminate the Order by giving 3 months' notice by registered post to the other party with effect from the 3rd day after the date of posting.

3.3. Such notice shall not entitle either party to any compensation.

3.4. If the Customer fails to perform any of its obligations, The Event may terminate the Order to the exclusive detriment of the Customer without delay or compensation and, if applicable, may claim damages from the Customer by any means at law.

3.5. Either Party may terminate the Order without notice or compensation in the event of gross negligence on the part of the other Party notified by registered mail within 3 business days of its occurrence, as evidenced by the postmark.

3.6. In the event of late payment, non-compliance with the law, non-compliance with the Order, or if the Client's character or treatment of Staff is unethical or makes it impossible to continue the collaboration, The Event reserves the right to remove Staff without notice or compensation and to terminate the Order.

Article 4. Qualification and legal nature of the Services

4.1. The provision of the Services shall be in the normal course of performance of the employment contract between The Event and the Staff member assigned to the Client.

4.2. The performance of the Services does not in any way constitute a provision of services prohibited under Article 31 of the Act of 24 July 1987 on temporary work, temporary employment and the provision of service providers to users.

4.3. The Event's staff is bound by an employment contract. Consequently, only The Event can exercise, with respect to them, the prerogatives of the employer's authority resulting from the employment contract and the Client cannot exercise, with respect to them, at any time, any part of the authority belonging exclusively to their employer.

4.4. The performance of the Services under the Order shall not result in any employment relationship between the Personnel and the Customer.

4.5. The only instructions that the Customer's representatives may give to the Personnel, if any, shall be in accordance with the provisions of Article 31 §1 paragraph 2 of the Law of 24 July 1987, and in strict compliance with the limits specified below.

4.6. Under no circumstances shall the Customer be authorized to grant a salary increase or remuneration benefits in addition to the remuneration benefits that the Personnel enjoy under their employment contract. The making of such a decision is the sole prerogative of The Event. The Parties agree that The Event may consider full reimbursement by Customer for the direct and indirect repercussions of such illegal action by Customer.

4.7. Customer is not authorized to take any action or impose any sanctions against The Event's personnel.

4.8. Unless otherwise expressly agreed by the parties, for the proper performance of the Services, the Customer is authorized to give the following instructions to the Staff:

Any instruction for the purpose of good cooperation between the providers and the Client;
Any instructions for the respect of the Client's premises, equipment and infrastructure;
General guidelines for the perfect execution of the Services;
Any instruction for the respect of working hours and rest periods.

4.9. Such instructions do not constitute the exercise of the employer's authority, in accordance with article 31 §1 paragraph 3 of the law of 24 July 1987: this right of the Client to give the service provider the instructions referred to above does not in any way affect the authority of The Event with regard to its Staff.

Article 5. Services

5.1. The Event's Personnel shall be assigned to provide the Services detailed in the Order Confirmation.

5.2. By agreement with Customer, this list of Services may, from time to time, be supplemented or modified by The Event, with prompt confirmation.

5.3. In accordance with the CLA 38 quater of 14/07/1999, The Event is forbidden to treat the candidate providers in a discriminatory manner. Therefore, the Client must limit his request to criteria that are relevant to the function.

5.4. The Services ordered may never be subject to any unilateral modification of any kind by the Customer.

Article 6. Obligations du Client

Compliance with the legislation on temporary work

6.1.The Customer is responsible for the correct application of the grounds and duration provided for in the legislation on temporary work, and within the framework of these grounds, he/she is responsible, in the cases provided for by the law, for obtaining the necessary authorizations and taking the necessary steps to employ casual workers (except for the introduction of Dimona).

Obligations relating to welfare

6.2.The Client undertakes to comply with the obligations relating to welfare and safety at work under Article 8 of the Act of 4 August 1996 on the welfare of service providers during the performance of their work.

6.3.In the event that the Customer does not comply with these obligations, or does not comply sufficiently in the opinion of The Event, The Event reserves the right to take all necessary measures to ensure the safeguarding of the health and safety of the Staff, and to invoice the Customer for the costs of these measures.

6.4.The Customer expressly agrees to communicate to The Event all information useful for the execution of the Services.

Flexibility

6.5.The recurrence of services by a provider to the same Customer is authorized in the case where there is a need for flexibility on the part of the Customer in accordance with the legislation in force and the CLA of execution.

6.6.The need for flexibility exists when the volume of work at the Customer is highly dependent on external factors, fluctuates significantly, or is related to the nature of the assignment. The question of the existence of the need for flexibility is the responsibility of the Client and it is the Client's responsibility to prove it. The Event has no discretion in this matter.

6.7.In the context of this flexibility, if the Customer assigns Staff in breach of the applicable regulations and in breach of the above provisions, and The Event is required to pay the Staff, in addition to remuneration, additional compensation corresponding to the remuneration that would have been paid if a 2-week temporary employment contract had been concluded, then, as the question of the existence of the need for flexibility is the responsibility of the Client, the Parties agree that The Event shall charge the Client, in addition to the administrative costs assessed at a flat rate of €250, the cost of the penalty provided for, namely the amount of the salary in the broad sense, multiplied by the coefficient established contractually.

6.8.The Customer undertakes not to perform the Services in the event of temporary unemployment, strike or lock-out. Should this nevertheless occur, the Customer undertakes to notify The Event immediately, without this giving rise to the payment of any compensation to the Customer by The Event.

6.9.When the Staff performs the Services at the Customer's premises, the Customer undertakes to apply all the provisions of the legislation concerning the regulation and protection of work applicable to the place of work (Cf: article 19 of the law of 24 July 1987), and in particular to treat the Staff in the same way as its own permanent staff.

Article 7. The Event’s obligations

7.1.The Event will comply with all applicable legal, fiscal and commercial obligations and will particularly take care of all legal and social administrative procedures (Dimona and others) related to the Staff.

7.2.The Event undertakes not to canvass the Customer's customers.

7.3.The payment of salaries, vacation pay and other bonuses due to the Personnel assigned to the Client, in execution of the Services, remains the exclusive responsibility of The Event.

Article 8. Benefit sheets

8.1.At the end of each service, the Provider will spontaneously present to the Customer a "benefit sheet" listing the hours he/she has worked. The Customer undertakes to sign this benefit sheet, thus confirming the accuracy of the services indicated and the performance of the work carried out in accordance with the Provider's duties.

8.2.The Client shall not contest the validity of the signature of his/her employees or agents.

Article 9. Price

9.1.Unless otherwise agreed in writing, prices are always exclusive of VAT and are based on the current price list at the time of the Order confirmation.

9.2.The Event will charge a flat rate of 5 hours for all services not exceeding 5 hours per member of the planned Staff.

Overtime

Regulation of working hours, the maximum legal limit of the daily working time per worker will not exceed 9 hours. Except, in exceptional cases, up to 11 hours in a row. These 2 "extra" hours will be charged at 150%.

9.3.For services to be performed on Sundays and holidays, the hourly rate will be multiplied by the following factor :

Week 08:00hrs - 20:00hrs multiplier factor = 1

Week 20:00hrs - 24:00hrs multiplier factor = 1

Saturday 08:00hrs - 20:00hrs multiplier factor = 1

Saturday 20:00hrs - 24:00hrs multiplier factor = 1

Sunday and Bank Holiday 08:00hrs - 20:00hrs multiplier factor = 2

Sunday and Bank Holiday 20:00hrs - 24:00hrs multiplier factor = 2

9.4.If the Customer requests the recruitment and selection of particular profiles requiring the implementation of significant resources, The Event will provide for a supplement, which will be specified in the Order confirmation.

9.5.In the case of a marketing campaign, unless otherwise specified, the costs of paid distribution (newspapers, website, etc.) are the responsibility of the Customer.

Transport costs

9.6.The Event will charge a transportation cost for the services performed.

9.7.The transport costs applied for any event taking place on the territory of the Brussels-Capital Region amount to 12€ excluding VAT per mission and per service provider.

9.8.In other cases, transportation costs are calculated per vehicle, for 4 to 5 members of the Staff, and the calculation method is as follows: 2 x (KM of the event location - KM calculated from the center of Brussels) x rate per kilometer (0.68/km).

All persons participating in the carpool will be compensated for the time spent driving to and from the event at the hourly rate.

Article 10. Billing and taxes

10.1.Each bill shall be accompanied by an accurate individual statement of the hours worked by the Staff on the benefit sheets, and of any other expenses and items that may be charged.

10.2.In case of a disagreement between the invoices and the performance sheets, the performance sheet drawn up by The Event shall be the authoritative document.

10.3.In order to be admissible, any bill contestation will be issued within 5 working days of its reception by the Customer. After this period, they will be considered as correct.

10.4.Any possible modification can only be applied to the following bill, and this, under the mention " bill rectification ".

10.5.Any increase in VAT and/or any new tax imposed between the time of the Order and the time of provision of the Services shall be automatically passed on to the Customer.

Article 11.Bank guarantee and payment terms

Bank guarantee

11.1.Regardless of the agreed terms of payment, the Customer authorizes The Event to request, prior to the provision of Services and the provision of personnel, a bank guarantee to ensure the performance of its payment obligations. As long as the customer has not provided this guarantee (equivalent to a fixed amount of 5 hours per staff member), The Event shall be entitled to suspend any subsequent services. The same shall apply, in the case of successive contracts, as long as the Client has not met its payment obligations relating to previous services.

Terms of payment

11.2.Unless otherwise provided in writing in the Order confirmation, bills haveto be paid to The Event's address, without discount, within 15 calendar days of the billing date.

11.3.In case of unpaid bills on the due date,

the remainder due, with interest calculated on the basis of the reference index of the European Central Bank which is applicable on the date of the bill, increased by two percent (2%), shall be due until full payment, without prior notice of default,
as a lump sum compensation expressly agreed between the Parties, The Event shall be entitled to claim an additional sum equal to ten percent (10%) of the remainder due, with a minimum of EUR 150.00, even if terms and deadlines have been granted,
the Customer discharges The Event from any formality of service and shall bear any costs relating to it.

Article 12. Terms of execution of Orders

See separate document: Terms and Conditions for the Provision of The Event Services.

Article 13. Civil responsibility

13.1.The civil liability (article 1384 paragraph 3 of the Civil Code), is incumbent on the Customer, who is the only responsible for any damage caused by the Staff to third parties.

13.2.The Event is not responsible for any damage caused by the Staff to the Client during and because of their assignment to the Client.

13.3.The Customer shall include a "temporary work" clause in its liability insurance policy.

13.4.The Customer confirms that it has explicitly communicated to The Event all the constraints related to the provision of the Services, which may give rise to the civil liability of The Event.

13.5.In case where the Customer can demonstrate the existence of a serious error or fraud on the part of a member of Staff, the damage that the Customer may claim is limited to the material loss that results directly from the error committed by the accused member of Staff, to the exclusion of any other damage, and the possible compensation will in any case be limited to 75% (excluding VAT) of the amount actually paid by the Customer for the provision of the Services.

13.6.The Customer acknowledges that the Staff member is not liable for any direct or indirect damage caused by the services provided, such as loss of income, increase in overheads, loss of customers, etc.

13.7.The Staff member is not responsible if incorrect data has been transmitted by the Customer, or if an order is placed by a third party on behalf of the Customer.

13.8.The Staff member is not responsible for any loss or damage to equipment during the provision of the Services.

Article 14. Emergency case

14.1.Emergency case mean a sudden, external, unforeseeable, irresistible and unavoidable event, which is imposed on the Party concerned, without it having been intended or caused by it, even indirectly, and which prevents the execution of its commitments.

14.2.The following events, in particular, shall be considered Emergency case: 1) total or partial loss or destruction of The Event's computer system or database where either of these events cannot reasonably be directly attributed to The Event and it is not shown that The Event failed to take reasonable steps to prevent either of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lockouts 9) blockades, 10) insurrections and riots, 11) a failure of energy supply (such as electricity), 12) a failure of the Internet or data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet or telecommunications network on which the Provider depends, 15) an act or decision of a third party where such decision affects the proper performance of the Order, or 16) any other cause beyond the reasonable control of The Event.

14.3.In case that an emergency case occurs, The Event may suspend the supply of the Order, for the duration of the exceptional event in question, or the time necessary to remedy it.

14.4.Exceptionally, in the event of a general transport strike The Event is likely to charge several carpools to maintain the Customer's current (staff) reservation.

Article 15. Privacy

15.1.Each part shall maintain strict confidentiality with respect to business secrets, trade secrets, Orders and negotiations with third parties as well as all information relating to the Customer (recipe listing, personnel listing, prospect listing, agreements with suppliers, etc.).

15.2.Each Party shall refrain from any action that could harm the image of the other Party.

15.3.The Customer agrees to respect the confidentiality of information received on candidates proposed by The Event to provide the Services.

Article 16. Poaching

16.1.The Client agrees to not hire any of The Event's personnel who have worked for it, within 12 months of the personnel's last performance. Conversely, The Event agrees not to hire the Customer's staff.

16.2.Any breach of this clause will result in a one-time fixed compensation of €2,500.00 per Staff member, it being understood that, depending on the situation, each part reserve the right to negotiate a different amount.

Article 17. Referral

17.1.The Customer agrees that The Event may mention its contact information as a reference, mentioning its name in flyers, on its website and in its canvassing.

Article 18. Personal data protection

18.1.As the controller of personal data relating to its Personnel, The Event confirms (1) that the personal data relating to its Personnel that is communicated to the Customer has been collected in accordance with the provisions of the GDPR and any applicable legislation, and (2) that the processing of such personal data by The Event is lawful as "necessary for the performance of a contract to which the data subject is bound or for the performance of pre-contractual measures taken at the request of the data subject" (GDPR Article 6.1.b).

18.2.If taking pictures at an event, The Event will blur any face of a Customer staff member that appears in those pictures.

18.3.Customer agrees to process any personal data received from The Event in accordance with the provisions of the GDPR and any applicable legislation, and exclusively for the purposes set out in the Order.

18.4.If taking pictures at an event, Customer will blur any face of The Event staff that appears in such pictures.

18.5.The Event confirms that it will process any personal data it receives from the Customer in accordance with the provisions of the GDPR and any applicable legislation, and exclusively for the purposes set out in the Order.

Article 19. General provisions

19.1.The Order constitutes the entire agreement of each part and supersedes any prior written or oral agreement between them relating to the subject matter of the Order.

19.2.Each Party represents that it is fully informed of its rights and the consequences of signing the Order.

19.3.If any provision of the Order shall be wholly or partially invalid or in conflict with any mandatory provision of law, such invalidity shall not affect the enforceability and validity of the remaining provisions of the Order or that part of the provision which is not in conflict with any mandatory provision of law. In such event, each part shall be required to adjust the provisions of the Order in good faith to preserve the same economic balance of rights and obligations of the Parties as if the invalid provision had been valid.

19.4.No amendment to, addition to, deletion from or termination of the Order shall be enforceable against any Party unless it is in writing and signed by or on behalf of such Party.

19.5.Each part confirm that they acted in good faith in negotiating and drafting this Order and represent that they intend to act in good faith in performing this Order.

19.6.The Order shall be binding upon all signatories and their respective successors in interest.

19.7.No failure, neglect or delay by any part to exercise any right or remedy under the Order shall be construed as a waiver of such right or remedy.

Article 20. Applicable law and competent jurisdiction

20.1.The Parties shall elect residence at their respective registered offices, where all notices shall be validly given.

20.2.The Order shall be governed exclusively by Belgian law.

20.3.In the event of any dispute arising out of the interpretation, application or performance of the Order, the Parties shall first seek an amicable solution.

20.4.If there is no friendly solution to the disagreement that can be found within a reasonable period of time, the claim shall be brought before the Labour Court of Brussels, the French-speaking Court of First Instance of Brussels or the French-speaking Commercial Court of Brussels, as the case may be, which shall have sole jurisdiction.