Terms & Conditions for Subcontractors
Terms & Conditions for Subcontractors
Last Updated: February 2023
These Terms and Conditions for Subcontractors are supplemental to the General Terms and Conditions and apply only to Subcontractors and not to clients of Flexbox Crewing.
2. Relationship defined
3. Come about of agency agreement
4. Obligations and responsibilities of the subcontractor
5. Obligations and responsibilities of Flexbox
6. Zero tolerance to alcohol & drugs
7. Confidentiality and non-compete
8. Agency agreement adjustment and termination
9. Final provisions
Article 1. | DEFINITIONS
The following definitions shall apply to these General Conditions:
FLEXBOX: The consumer of these terms and conditions, any of the Flexbox Crewing Branches;
– Flexbox Crewing BV, Registration number: 81565186, Antoniuslaan 1a, 3334 GA, Hendrik Ido Ambacht, the Netherlands
– Flexbox Crewing Ltd, Registration number: 81565186, 246 Arch. Makarios III Avenue, Off. 4, Salamis court, 3105, Limassol, Cyprus.
providing crewing services to owners and operators of (inland) vessels. For this they call on the services of SUBCONTRACTORS.
SUBCONTRACTOR: is a (maritime) self-employed professional and wishes to offer services to FLEXBOX on an ad hock basis. Also referred to as “Freelancer”, “ZZP”, “Self-employed”, or “Flexworker”. Any worker assigned to perform services to a client of Flexbox is seen as a SUBCONTRACTOR unless he/she is in the possession of a valid employment contract with Flexbox Crewing and registered at the local authorities of one of the Branch office states as such.
LETTER OF APPOINTMENT: A non-binding confirmation to the SUBCONTRACTOR stating the expected start- and end date, vessel-name, assigned position, reimbursements, contact information and conditions of the assignment. This document should be carried while fulfilling the assignment
AGENCY AGREEMENT: A contract FLEXBOX sends the SUBCONTRACTOR after the assignment, stating all the exact details and compensations for hiring the SUBCONTRACTOR for his/her services . This document contains the final start- and end-date, daily compensation fee, SUBCONTRACTOR ‘s bankaccount, and needs to be signed by both parties.
WRITTEN: both communication by e-mail/WhatsApp and other new media as well as traditional written communication.
Article 2. | RELATIONSHIP DEFINED
2.1 Nothing in this Agreement shall indicate the SUBCONTRACTOR is a partner, agent, or employee of FLEXBOX.
2.2 Both Parties confirm that the SUBCONTRACTOR is not employed by the FLEXBOX and the SUBCONTRACTOR is responsible for any personal tax or social insurance for his services.
2.3 SUBCONTRACTOR has by the nature of his status no right on sick-leave, holiday allowance, pension money or any other benefit employees would enjoy.
2.4 Accepting an assignment, or payment from Flexbox means that the SUBCONTRACTOR represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Letter of Appointment e-mail, or agreed verbally or by writing is inclusive of all such taxes and charges that may apply to the SUBCONTRACTOR .
Check the Payment Terms or our Subcontractor FAQ page for more information about taxes and social security for SUBCONTRACTOR.
Article 3 | COME ABOUT OF AGENCY AGREEMENT
3.1 FLEXBOX is allowed to reach out to the SUBCONTRACTOR by phone, e-mail, or electronic text-message whenever FLEXBOX requires the services of a subcontractor with the skills and qualifications of SUBCONTRACTOR.
3.2 SUBCONTRACTOR is always free to decide whether to take on a job request and for which rate. However, after receiving a LETTER OF APPOINTMENT, SUBCONTRACTOR is expected to fulfill all obligations against the conditions stated.
3.3 FLEXBOX is always free to look beyond the services of SUBCONTRACTOR for other suitable SUBCONTRACTORS.
3.4 Apparent errors or mistakes in the LETTER OF APPOINTMENT or AGENCY AGREEMENT are non-binding for FLEXBOX, even when signed by FLEXBOX.
3.5 FLEXBOX holds the right to terminate the contract with SUBCONTRACTOR, even when signed by both parties, when the vessel/barge manager/owner has no longer need for the services FLEXBOX assigned to the SUBCONTRACTOR. It’s the nature of the business FLEXBOX operates in. FLEXBOX will in such a case do a best effort attempt to find a new assignment for SUBCONTRACTOR as a replacement.
Article 4 | OBLIGATIONS AND RESPONSIBILITIES OF THE FLEXWORKER
4.1 SUBCONTRACTOR is expected to fulfill the service agreed upon and summarized in the LETTER OF APPOINTMENT.
4.2 SUBCONTRACTOR must timely inform FLEXBOX of his/her emergency contact information and home address.
4.3 SUBCONTRACTOR must provide (digital) copies of all his/her claimed licenses and qualifications as well as provide any legible contact person for work experience reference upon request.
4.4 SUBCONTRACTOR is responsible for organising his/her transport to the start- / endpoint of the vessel/barge where FLEXWORKER will deliver his/her services, including the required travel documents.
4.5 SUBCONTRACTOR must be entitled to work in the industry / country / continent.
4.6 SUBCONTRACTOR is responsible for having a valid ID and/or passport with him/her onboard and must be able to identify him-/herself at all times when requested.
4.7 SUBCONTRACTOR is responsible for carrying (digital) copies of all his/her (maritime) licenses, patents and diplomas needed to carry out the assigned job as well as a (digital) copy of the LETTER OF APPOINTMENT assigning SUBCONTRACTOR to this job.
4.8 SUBCONTRACTOR is obliged to always meet all safety standards on and off-board during his assignment, this includes but is not limited to wearing the adequate safety clothes, shoes, and helmet.
4.9 SUBCONTRACTOR must always follow safety instructions, toolbox-meetings and trainings provided onboard and needs to make sure his name is listed in the workbooks and timetables onboard.
4.10 SUBCONTRACTORis obliged to have a valid health insurance covering the costs of medical care for injuries/medical needs, incurred during his assignment. IF SUBCONTRACTOR fails to have one, SUBCONTRACTOR should timely make FLEXBOX aware of this matter and accept a fitting health insurance organised by FLEXBOX against deduction of the costs on the final pay-out of his/her assignment. FLEXBOX will not carry any responsibility or costs resulting from the SUBCONTRACTOR not fulfilling it’s obligation herein.
4.11 SUBCONTRACTOR must provide (digital) copies of receipts for travel- and food expenses within 3 working days after completing the assignment, when the LETTER OF APPOINTMENT states these costs are reimbursed. Failing to provide quality copies of the receipts for travel- and food expenses might lead to the SUBCONTRACTOR not receiving reimbursement for the carried costs.
4.12 SUBCONTRACTOR is responsible for keeping a respectful relationship with the other crewmembers and vessel-/barge owner(s).
4.13 SUBCONTRACTOR must inform FLEXBOX when
– Damage to the barge/vessel is inflicted on his/her behalf.
– Conflict arises with other crew members or the owner(s) of the vessel/barge
– he/she is not able to reach the vessel/barge in time
– he/she violates any of the alcohol and drugs related rules stated in Article 5.
– The agreed upon start/end-date and/or compensated workdays change or might change.
– he/she feels unsafe or discriminated during the assignment.
4.14 SUBCONTRACTOR is responsible for keeping his workplace at the vessel/barge he is assigned on clean and tidy.
Article 5. | OBLIGATIONS AND RESPONSIBILITIES OF FLEXBOX
5.1 FLEXBOX will do a best effort undertaking in ensuring the data and documents of the SUBCONTRACTOR collected and held by FLEXBOX are protected as lined out in the GDPR.
5.2 FLEXBOX will do a best effort undertaking in screening its clients, to offer only assignments to vessels/barges which are safe and discrimination-free workplaces.
5.3 FLEXBOX is responsible for paying the SUBCONTRACTOR for its services when performed as agreed upon in the AGENCY AGREEMENT
Article 6 | ZERO TOLERANCE TO ALCOHOL & DRUGS
6.1 Using of any kinds of drugs or alcohol on board on the barge/ship as well as during travel to/from an assigned job (to the vessel/barge) is strictly forbidden and will cause immediate dismissal and termination of the assignment.
6.2 FLEXBOX will not cover any damage/medical costs/ any other costs caused by SUBCONTRACTOR during and/or as a result of influence of drugs or alcohol during an assigned job.
6.3 SUBCONTRACTOR is obligated to cover his/her travel expenses from vessel/barge if the travel is the result of dismissal caused by using drugs or alcohol.
6.4 SUBCONTRACTOR is obligated to inform FLEXBOX, prior to assignment to the job, if he/she is using any strong medication (both for non-prescribed and prescribed).
6.5 SUBCONTRACTOR is obligated to inform FLEXBOX about any health problems that might as a result endanger him-/herself or others.
6.6 SUBCONTRACTOR is obligated to collaborate with drugs- and alcohol testing when the owner/manager of barge/vessel he/she is assigned to requests SUBCONTRACTOR to do so.
Article 7 | CONFIDENTIALITY AND NON-COMPETE
7.1 From the moment FLEXBOX reaches out to the SUBCONTRACTOR to perform his/her services on a specific barge/vessel, up until 12 months after the last request/assignment on this vessel, SUBCONTRACTOR shall not offer his/her services directly to the owner or manager of the barge/vessel OR reach out to any other agency to perform his/her services on this specific barge/vessel without the written consent of FLEXBOX.
7.2 SUBCONTRACTOR shall not accept direct payment and/or bonuses in any form from the owner/manager/captain of the vessel/barge without the consent of FLEXBOX.
7.3 SUBCONTRACTOR shall not discuss his/her compensation with anyone but the agents of FLEXBOX.
7.4 SUBCONTRACTOR shall keep any information regarding business activities, plans or other sensitive information strictly confidential, also when the client asks him/her about experiences at certain barges/vessels or clients.
ARTICLE 8 | AGENCY AGREEMENT ADJUSTMENT AND TERMINATION
8.1 The obligations of Flexbox qualify as a best-effort undertaking. Flexbox therefore never bears
liability for damage as a result of shortcomings of the vessel/barge or workplace the SUBCONTRACTOR is assigned to, these lay completely with the owner/manager of the vessel/barge.
8.2 If the SUBCONTRACTOR has incurred such injury upon the exercise of his activities that it results in death, then the FLEXBOX is never obligated to provide compensation towards the surviving spouse, the
children, or the parents of the deceased who are customarily maintained through his work.
8.3 FLEXBOX is free to end the collaboration and terminate the assignment as confirmed in the LETTER OF APPOINTMENT at any time when:
– SUBCONTRACTOR does not have the qualifications/licenses to perform a certain assignment.
– SUBCONTRACTOR violates one of the articles in this agreement
– SUBCONTRACTOR acts in any kind of violence, racism or discrimination towards the Client, other crew-members or FLEXBOX’ agents.
8.4 FLEXBOX is free to increase/decrease the final compensation to the SUBCONTRACTOR in a reasonable way when:
– costs carried by SUBCONTRACTOR for the SUBCONTRACTOR are not paid for by FLEXBOX’s client
– the number of effective workdays onboard does not meet the agreed upon number.
Article 9. | FINAL PROVISIONS
9.1 To every AGENCY AGREEMENT or verbal agreement – and the disputes that flow therefrom – legislation of the branch office, with whom the AGENCY AGREEMENT is made, is exclusively applicable.
9.2 Before appealing to the court of law, parties are obliged to exert themselves to resolve the dispute in mutual consultation.
Please read our Payment Terms and check out our Subcontracting FAQ page for more information about taxes and social contributions that need to be paid on your earned compensation
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