1.1. FlexTemp ApS, CVR no. 44167220, is located at Gasværksvej 30b, ground floor, 9000 Aalborg (“the Supplier”).
1.2. The Supplier is a limited liability company (ApS) and can be contacted at (+45) 70 60 55 64 or via email at kontakt@flextemp.dk
2.1. These terms and conditions, together with the Supplier’s framework agreement and any appendices, constitute the complete contractual basis between the Supplier and the customer (“the Contractual Basis"). The framework agreement takes precedence over these terms.
2.2. The Supplier provides temporary staffing services at its discretion. The customer is the company receiving such labor.
2.3. An order becomes binding for the customer when received by the Supplier.
2.4. An order becomes binding for the Supplier when the customer receives an order confirmation or delivery begins.
2.5. Once an order is binding for both parties, it constitutes a separate agreement governed by the Contractual Basis. The customer may have multiple active orders at the same time, as each order constitutes its own temporary staffing arrangement. The term “temporary staffing arrangement” also includes the provision of other types of labor, even if the term “temporary worker” is not used. The term “temporary worker” refers to any worker supplied by the Supplier, regardless of whether the term appears in their title or job designation.
2.6. Changes and additions to the Contractual Basis are only valid if agreed in writing.
3.1. The contract period for each individual temporary worker follows the collective agreement applicable at any given time for the individual temporary worker. The notice period for termination of the temporary staffing agreement between the Supplier and the customer thus corresponds to the notice period for the Supplier’s termination towards the temporary worker in accordance with the collective agreement applicable to the temporary worker. This applies regardless of whether the temporary staffing agreement is terminated by the Supplier or the customer.
3.2. If the customer materially breaches its obligations under the Contractual Basis, the Supplier may terminate the temporary staffing arrangement without notice and with immediate effect. Breach by the customer that entails danger to the temporary worker’s health or well-being, or a risk of violation of Danish legislation or regulatory rules, shall always constitute a material breach, and this list shall not be interpreted as limiting or restricting the assessment of whether a breach is material.
4.1. If the cooperation has challenges or other difficulties should arise, the Supplier will contact the customer. The Supplier is required to actively work towards a solution and keep the customer informed about the process.
4.2. The Supplier assigns the customer a primary contact person whom the customer may contact in relation to the cooperation between the parties. The contact person appointed by the Supplier is authorized to initiate reasonable and necessary actions.
4.3. Correspondence between the parties regarding the agreement and the cooperation, including all temporary staffing arrangements, shall take place in Danish. The customer accepts that the Supplier may at any time reject communication in other languages.
4.4. Upon the customer’s request, the Supplier provides lists of personnel with information on name, professional background, and seniority for each concluded temporary staffing arrangement.
4.5. The Supplier is in all respects entitled to limit communication to the extent necessary to comply with applicable data protection legislation, including – but not limited to – requiring the use of encrypted email, refusing to share sensitive personal data without legal basis, etc.
5.1. The temporary worker is assigned by the Supplier to become part of the customer’s workforce. This means that the temporary worker is subject to the customer’s direction, control, and authority to instruct. The temporary worker is not a representative or agent of the Supplier and cannot enter into obligations or agreements on behalf of the Supplier. However, the temporary worker and the customer may between themselves adjust the daily execution of the work, provided that this takes place without affecting the Supplier’s rights and obligations, or if this is done following prior written agreement with the Supplier.
5.2. The assignment of the temporary worker as part of the customer’s workforce also means that the Supplier is not a subcontractor for the work for which the customer uses the temporary worker’s labor. The assignment of the temporary worker does not constitute delivery of subcontracting or similar.
6.1. When the temporary worker works for the customer, the customer is responsible for ensuring that the temporary worker is covered by (i) the customer’s workers’ compensation insurance, (ii) the mandatory insurances applicable at any given time for the customer’s own employees, and (iii) any additional insurances from which the customer’s own employees benefit.
6.2. The customer has a duty of instruction towards the temporary worker, including an obligation to train the temporary worker in proper working practices to prevent injuries. The customer must ensure that the temporary worker is assigned a qualified contact person who can train and supervise the temporary worker and provide ongoing support to the necessary extent. The contact person must also assist the temporary worker in integrating with other employees for a smooth transition.
6.3. The customer is independently responsible for compliance with the applicable data protection legislation at any given time, including the handling of the temporary worker’s personal data. In addition to its general obligations under data protection legislation, the customer assumes the following additional obligations towards the Supplier, which may only be deviated from with prior written approval from the Supplier, or if deviation is expressly required under Danish law:
6.4. The customer is responsible for providing the materials, tools, equipment, safety gear, access cards, clothing, and other necessities required for the performance of the work, unless otherwise expressly agreed in the Contractual Basis.
6.5. The customer is granted access to the Supplier’s time registration system and is obliged to approve the previous week’s shifts no later than 16:00 each Monday. If approval is not given in time, the registered hours will form the basis for invoicing.
7.1. If the customer has used one specific temporary worker during a work period, the customer is entitled, with the Supplier’s acceptance, to employ the temporary worker directly after the end of the temporary staffing arrangement without further fee or compensation to the Supplier. The work period is agreed in the framework agreement.
7.2. If the customer has used one specific temporary worker for a work period with fewer than the agreed hours, the customer is entitled to employ the temporary worker directly against payment of reasonable compensation for the Supplier’s services in connection with assignment, employment, and training of temporary workers. The reasonable compensation amounts to DKK 50 per missing hour.
7.3. The compensation in clause 7.2 also applies where the customer employs temporary workers communicated by the Supplier indirectly, including through another staffing agency or third party, employment within the customer’s group or affiliated companies, or similar. Compensation is also calculated where the Supplier has presented the temporary worker’s profile to the customer, but the customer has not employed the temporary worker under a temporary staffing arrangement.
8.1. The Supplier instructs the temporary worker and makes every reasonable effort to ensure that the worker acts positively and loyally towards the customer.
8.2. The Supplier conducts a standard thorough and professional review of the worker’s professional diplomas and accreditations within the field stated in the worker’s profile.
9.1. All prices are stated in Danish kroner excluding VAT and other taxes, duties, fees, etc., unless otherwise explicitly stated.
9.2. The Supplier’s fee under the contract for a temporary staffing arrangement includes all specified services described in the individual contract. Services that may be invoiced separately must be clearly stated in the contract.
9.3. If the contract specifies that the Supplier must consider future scenarios that may affect the services, or if the contract must be changed due to circumstances arising after the conclusion of the contract, the original payment structure shall remain unchanged unless the Supplier has specifically accepted otherwise in writing.
9.4. The Supplier issues invoices every 7 (seven) days.
9.5. Payment must be made in full, and the customer may not make payment by way of set-off without the Supplier’s written consent.
9.6. In case of late payment, default interest of 2% per commenced month will be charged.
9.7. In case of late payment, the Supplier may suspend all services, including the provision of labor via temporary workers, without notice and without liability towards the customer. If the customer’s breach of payment obligations causes the Supplier to incur a loss towards the worker due to suspension of services until payment is made, the customer must indemnify the Supplier for such loss.
9.8. Reminder fees and compensation fees will be charged in accordance with general Danish law.
10.1. Standard hourly rates are set out in the framework agreement.
10.2. A standard working week and working hours are determined in accordance with the collective agreements applicable to the specific staffing arrangement.
10.3. All supplements for overtime, shift work, evening and night work, and all other supplements under applicable collective agreements or Danish law will be invoiced to the customer multiplied by the agreed factor, excluding VAT.
10.4. All mileage allowances outside and during working hours are invoiced to the customer 1:1 excluding VAT in accordance with the applicable collective agreement. In the absence of a collective agreement, the Danish state’s applicable standard rates will be used.
10.5. The applicable collective agreement for the staffing arrangement is the one stated in the arrangement, including any job confirmation linked to the worker’s assignment.
10.6. In the event of adverse weather conditions or in situations where the customer prevents the temporary worker from attending work, the customer will be charged costs in the form of G-days (sometimes referred to as “compensation days” or “employer reimbursement”) in accordance with applicable Danish law.
11.1. The customer must submit claims in writing to the Supplier immediately upon becoming aware, or when they should have become aware, of defects or deficiencies in the Supplier’s service. Otherwise, the right to complain is forfeited.
11.2. If the complaint concerns the worker, the customer must simultaneously provide a written specification of the complaint, including at minimum: (i) any deficiencies in the worker’s essential professional or personal skills, (ii) a description of any unacceptable behavior, and (iii) any other relevant information.
12.1. The Supplier’s liability is limited to defects and deficiencies in the mediation service itself and the administration of the worker’s assignment to the customer.
12.2. The Supplier is not liable for defects or deficiencies in the worker’s work. The customer is responsible for any errors or deficiencies committed by the worker during the performance of work. The Supplier is not obligated to provide compensation, price reductions, reimbursement, or other remedies for damages or deficiencies caused by the worker.
12.3. The Supplier’s liability is limited to direct losses only. The Supplier is not liable for indirect losses, operational losses, consequential damages, or similar.
12.4. Regardless of cause and type of claim, the Supplier’s liability is limited to the amount invoiced for the service that caused the loss or is directly connected to the claim, unless mandatory Danish law provides otherwise.
12.5. In addition to what is expressly stated in the Agreement Basis, the Supplier is not liable for losses resulting from extraordinary circumstances that hinder, complicate, or increase the cost of fulfilling the agreement, if such circumstances arise after the framework agreement has been issued and are beyond the Supplier’s reasonable control. Such circumstances include, but are not limited to:
Labor disputes, strikes, lockouts, epidemics, pandemics, national or global health crises or public crises, fire, war, rebellion, civil unrest, weather conditions and natural disasters, currency restrictions, public seizure, import or export bans, disruption of general transport, legal changes significantly affecting performance of the agreement (including energy supply), significant price and/or tax increases, currency fluctuations, production and delivery difficulties not attributable to the Supplier, and force majeure affecting relevant subcontractors.
12.6. The Supplier’s limitations of liability do not apply in cases of fraud or intentional misconduct causing damage attributable to the Supplier.
13.1. If unforeseen challenges arise during the agreement or a staffing arrangement that are beyond the Supplier’s control but can be resolved with reasonable effort (e.g., legal changes), the Supplier may cancel the agreement or arrangement without liability if no mutual solution can be reached.
13.2. Deadlines stated in “days” refer to calendar days.
13.3. No part of these terms shall be interpreted as conflicting with applicable Danish law, and in case of ambiguity, the Agreement Basis shall be interpreted in accordance with Danish law.
14.1. “Applicable Danish law” refers to the rules in force under Danish law, excluding rules that would lead to the application of another jurisdiction’s law.
14.2. Disputes that cannot be resolved amicably shall be settled by the court in the jurisdiction where the Supplier is registered according to the Danish CVR register, and under Danish law.
14.3. The provisions of this section 14 may only be deviated from if (i) required by mandatory Danish law, or (ii) agreed upon by both parties.
