Terms of Use

Mise en Place: General conditions concerning projects, payroll and contracting

 

Please note that these general conditions are translated from the original copy in Dutch. Any typing mistakes or points lost in translation are not valid. The original conditions as described in the Dutch copy are deposited at the court in Curaçao.

Terms of Use. 
 

Article 1. Definitions

 

Employee:                            A person employed by Mise en Place.

Mise en Place:                     The contracting office of Mise en Place; Mise en Place Curaçao N.V.

Principle:                              Every person or legal entity requests execution of a project and/or assignment by Mise en Place.

Project:                                 To organize, accompany, execute and advise of events, parties, congresses, openings, banqueting, receptions and other                                                    related activities.

Assignment                          Making available of personnel on the basis of payroll and or secondment of staff

Project leader:                     An employee of Mise en Place whom has been appointed and acts as a contact person during the execution of a project.

Order request form:            A form handed out by Mise en Place to the principle. On this form the date, location, duration, and the number of

                                              employees can be filled in by the principle for each project.

Timesheet:                           A form handed out by Mise en Place tot the principle. On this form the principle can fill in the hours worked by the

   employees during the specific project.

Exclusivity                            On the basis of payroll and or contracting, Mise en Place will include the personnel in a separate file so that these

                                               employees can not be placed with other clients, therefore exclusivity.

 

Article 2. relevance and binding of these general conditions

  • These general conditions are applicable to all relevant offers, contracts and agreements between Mise en Place and the principle.

  • All offers, irrespective of in which form these are presented, are non binding.

  • A principle with whom Mise en Place has done prior business with is considered to have acknowledged the relevance and suitability of these general terms and conditions for all future business and agreements between Mise en Place and the principle.

  • Mise en Place is not bound to the general conditions of the principle in case and to the extend that they vary from the general conditions of Mise en Place.  

  • In case of annulment of any or partial clause of these general conditions, the remaining clauses will remain binding. In this case parties will enter in consultation to convert the annulled clause or part thereof into an accepted clause, where as much as possible the original aim and signification of said clause will be taken into account. 

 

Article 3. Realization and contents of the project agreement

  • Based on an offer or agreement, Mise en Place will fill in the relation registration form, in which is captioned the full details of principle, payment term, hourly rate and payment conditions. This form is completed and signed by a legal representative of the principle and  faxed to Mise en Place Curaçao. The original should follow by post.

  • The project and or assignment agreement will come about after the principle has placed project with Mise en Place and Mise en Place has confirmed same in writing. Order are to be placed by means of the

  • In case the exact duration of a project is not clear at the time of realization of the project agreement, Mise en Place is not bound to the offered price estimate. The price estimate is always an indication.

 

Article 4. Realization and content of an agreement for Payroll and or secondment of staff

  • Mise en Place issues an agreement based on an issued offer in which amongst others is captioned the full details of employee (s), payment terms, hourly rate or salary of the employee (s) and payment conditions. A customer relation form is to be completed and signed by a legal representative of the principle and  faxed to Mise en Place Curaçao. The original should follow by post.

  • It is the responsibility of the principle to ensure work for the employee for at least the minimum agreed amount of hours which are captioned in the agreement. Mise en Place can not be held liable, nor can be expected that alternative work will be provided.

 

Article 5. Price and duration of a project

  • The principle should complete the project order request form and make this available to Mise en Place.

  • The exact timing of commencement of a project is the be agreed between Principle and Mise en Place.  The duration of a project and the possibility to request more employees then originally requested and confirmed, will be further agreed between Principle and Mise en Place, whereas Mise en Place can be represented by a Mise en Place project leader

  • In case a project exceeds the agreed duration or the original quantity of requested employees, the agreed project price will be proportionally adjusted accordingly.

  • For a project within Willemstad, a minimum of 4 hours will be charged to the principle, even though the project is of a shorter duration.

  • For projects outside of Willemstad, a minimum of 6 hours will be charged to the principle, even though the project is of a shorter duration.

  • In case of assignments for payroll and/or secondment of staff, Mise en Place will enter a labor agreement with nominated candidates for the Principle on the basis of payroll and/or secondment of staff. All terms and conditions which are agreed with the Principle for each employee will be taken into account in the labor agreement with the employee and same will be processed into the applicable tariff. Should the Principle wish to terminate the agreement, a termination period of one calendar month will apply, and Principle commits to hire the employees subject to this  agreement at the end of the resignation period of one month.

  • The agreed hourly tariff for projects as well as the agreed tariff for Payroll and Secondment of staff is valid for regular working days, and is subject to local labor law.

  • Mise en Place retains the right to increase its tariffs for project employees, payroll and/or secondment personnel at least once a year. Increases of tariffs will always be advised in writing to the Principle.

 

Article 6. Cancellation of a project agreement

  • Should the Principle fully or partially cancel a project agreement, the Principle due to Mise en Place a reimbursement fee for the actual costs made by Mise en Place. This reimbursement fee will be calculated on the following flat rate basis.

    • cancellation of a project advised 100 hours prior to the project: 10% of the total project price

    • cancellation of a project between 75 and 100 hours prior to the project: 30% of the total project price

    • cancellation of a project 75 hours or less prior to a project: 60% of the total project price

    • undiminished is the commitment of the principle, in case the actual cost are higher, to settle the higher costs.

  • The principle should file all cancellations in writing. To determine the timing of cancellation, the

        timing of receipt of the notification of cancellation by Mise en Place will be applicable.

 

Article 7.  Process of invoicing

  • All Mise en Place invoices are created based on the timesheets signed by the principle or its representative.

  • After the Principle has signed the timesheet for confirmation, no alternations will be possible.

  • The Principle is obligated to immediately, yet no later then 24 hours after the project, and in case of payroll or secondment of staff, no later then the 24th of each month, fax the timesheet to Mise en Place.

  • In case of differences between the timesheet faxed by the Principle and the copy retained by the Principle, the faxed copy will be considered the correct timesheet.

  • In case the Principle does not or not fully comply with the clauses determined in 7.2 to 7.4, Mise en Place will retain the right to base the invoice on known facts and circumstances of the project. These facts and circumstances will be then determined on basis of information received by a project leader and or employees of Mise en Place.

 

Article 8.   Payment through automatic bank transfer

A: In principle all invoices of Mise en Place are paid trough automatic transfer taking into account the predetermined payment terms as mentioned on the customer sheet. For deviations to this, please refer to article 8b.

B:  In case invoices are not settled, or settled later then agreed, Mise en Place will retain the right to charge the lawful interest over open invoices as described in article 6:119a of the Dutch Civil  Code.

C:  In case Mise en Place is not able to collect full payment on invoices in relation to services rendered, legal steps will be taken for collection.

D:  In case of a large project, or a project in which the value is set on at least Nafl. 1.500,- excl. OB, Mise en Place is entitled to an advance payment of at least 50% of the estimate value, before commencement of the project.

E:  Only payment to Mise en Place as set out in clause A of this article will clear the Principle. It is not allowed to directly pay or provide advance payments to employees and this will therefore not provide the Principle with grounds for deductions in payment or settlement as partial payment.

F:  Judicial costs are due by the Principle incase and as soon as principle is failing to act, in which no further formal notice is required. The judicial costs will be determined on a flat rate basis 2 points of the so called liquidity tariff which is determined by the judicial agencies, and are applicable on the open amount.

G:  Mise en Place retains the right to reject new projects or cancel requested projects in case of late payment.

 

Article 9.   Payment through check or bank transfer

  1. Principle will ensure that Mise en Place invoices are settled within the agreed payment terms, as mentioned on the relation card. Payment should occur through issuance of a check or bank transfer for the full amount mentioned on the invoice and paid to the bank account number of Mise en Place. 

  2. In case invoices are not settled, or settled later then agreed, Mise en Place will retain the right to to charge the lawful interest over open invoices as described in article 6:119a of the Dutch Civil Code.

  3. In case Mise en Place is not able to collect full payment on invoices in relation to services rendered, legal steps will be taken for collection.

  4. In case of a large project/assignment, or a project/assignment in which the value is set on at least Nafl. 1.500,- excl. OB, Mise en Place is entitled to an advance payment of at least 50% of the estimate value, before commencement of the project/assignment.

  5. Only payment to Mise en Place as set out in clause 1 of this article will clear the Principle. It is not allowed to directly pay or provide advance payments to employees and this will therefore not provide the Principle with grounds for deductions in payment or settlement as partial payment.

  6. Judicial costs are due by the Principle incase and as soon as principle is failing to act, in which no further formal notice is required. The judicial costs will be determined on a flat rate basis of 2 points of the so called liquidity tariff which is determined by the judicial agencies, and are applicable on the open amount.

  7. Mise en Place retains the right to reject new projects/assignments or cancel requested projects/assignments in case of late payment.

  8. Mise en Place retains the right to increase its tariff for new projects/assignments in case the Principle has crossed the agreed payment terms and conditions on any previous projects/assignments.

 

Article 10. Complaints

  • Complaints regarding executed projects/assignments by, or invoices sent by Mise en Place should be made known to Mise en Place in writing within 8 days after invoice date. Complaints issued after this period will not be taken into account.

  • An issued complaint will not diminish the Principle’s payment obligations.

 

Article 11. Force Majeure

  • In case Mise en Place is not able to permanently or temporarily fulfill its obligations due to Force Majeure, Mise en Place will not be liable for damage suffered by Principle.

  • Under Force Majeure is also interpreted: Natural phenomenon in which a project or assignment can not be (timely) executed, such as storm, flooding and other foul weather; traffic stagnations and or other obstructions on Traffic; restriction or termination of delivery by Utility companies of water, gas or electricity; accidents, strikes, expulsions, actions of trade unions, governmental actions which were not foreseen and other circumstances in which Mise en Place has no control over.

  • In case of Force Majeure, Mise en Place is entitled to fully or partially cancel a project or assignment without judicial intervention in which no compensation is due.

 

Article 12. Limited liability

  • Mise en Place is liable for correct settlement of taxes and social securities for her employees, which are set out on projects or hired bases Payroll or secondment of staff. Mise en Place guards Principle from claims set out by tax authorities and other governmental agencies to this account.

  • Mise en Place is not liable for damage caused by neither actions nor negligence of her employees. The Principle should take on a liability insurance to this extend if required. This also includes damages caused by an employee of Mise en Place to third parties during execution of his/her responsibilities.

  • The Principle is liable for damages incurred by employees of Mise en Place equal to the liability of any principle in Curaçao for damage incurred by one of its own employees. Principle should take on liability insurance to this extend if required.

  • In case Mise en Place is found liable for damage as set out in the above clauses, the principle will guard Mise en Place to this extend.

  • In case Mise en Place is held liable by a Judge despite of the above liability expulsion clauses, the liability of the damage will be limited to such an amount which is set according to measures which are  to be reasonable and fair and in proportion to the agreed tariff or price, and shall never be  higher then the amount that is paid out by the corporate liability insurance of Mise en Place.  

 

Article 13. Selection of ambulant (flexible) employees on project basis

  • Mise en Place takes on the highest conservative measures when selecting project employees. Mise en Place is therefore free in her choice of employees. Project employees of Mise en Place are employed by Mise en Place.

  • Mise en Place ensures that all project employees are properly groomed and meet the grooming requirements which can be expected of employees in the hospitality industry.

  • Principle is expected to make certain, before or directly after the start of the project, that employees meet the standard of the Principle.

  • In case on or more employees do not behave properly or do not meet the standards of the Principle, this should be communicated within a minimum four hours after this has been noticed to the office, or the present project leader of Mise en Place. In such a case, Principle is only due to Mise en Place, payment of the worked hours up to the moment of notice for said employee(s).

 

Article 14. Attire, care and contact with ambulant (flexible) employees during projects

  • Mise en Place project employees wear uniformed attire consisting of:

Ladies: Black pants and white shirt and proper black shoes

Gentlemen: Black pants, white shirt and proper black shoes

 Mise en Place makes this attire available to its employees.

  • In case Principle desires alternative attire, principle is obliged to make this attire available to employees free of charge. In case project employees should wear other clothing then Mise en Place standard clothing this in only allowed if the said clothing is not in conflict with common practice.

  • Principle is to make available a room in which employees are able to change into their working attire and leave their belongings and clothing without the risk of damage or theft.

  • Principle will provide the employees with nonalcoholic beverages, within reason, and if the project falls within timing in which meals are to be consumed, provide the employees with meals, withing reason.

 

Article 15.  Direct or indirect employment

  • In case Principle directly or indirectly hires one or more employees of Mise en Place within 6 (six) months after completion of any project or assignment, Principle is due to Mise en Place a fee for recruitment of 16% of the annual salary of said employee(s), exclusive VAT, for which a minimal flat rate of Nafl. 1.500,- is applicable per employee, exclusive OB.

 

Article 16. Safety

  • the Principle is obligated to guard the employees of Mise en Place against danger of damage to persons, virtue and goods such as can reasonably be required. Principle is to make sure that the institution and maintenance to areas in which employees are expected to work, as well as attributes and tools which employees are expected to work with, meet the standards of industry and legal requirements.

  • In case Principle does not meet these safety standards, he is held liable for all results thereof, and should Mise en Place be addressed, guard Mise en Place from all accountability.

 

Article 17. Transportation and travel time allowance for projects

  • All transportation to and from the project is, unless otherwise agreed, organized by Mise en Place.

  • Transportation costs, in case of a project, will be for the account of the Principle, unless otherwise agreed in writing.         

  • Travel time allowance of the contracting office of Mise en Place will be charged per employee to the Principle, unless otherwise agreed in writing.

  • In case the Principle can not provide free parking for the employees, parking fees will be charged to Principle.

 

Article 18. Disputes and applicable law

  • Dutch Antilles law is applicable on all agreements with Mise en Place Curaçao N.V.

  • In case of disputes between Mise en Place and Principle, only an Antillean Judge who has jurisdiction in Curaçao is authorized.

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