General Terms for independent contractors, employees, self employed persons or persons that works via party 1
These standard terms of business represent an agreement between Airline Technical Support whose registered office is situated at Duivenhoeksestraat 53, 4569 TH Hulst, hereinafter referred to as "ATS or Airline Technical Support" and the independent contractor, employee, self employed persons or persons that works via party 1, who has completed ATS application form completely and fully agrees the content. A copy of which is attached hereto and deemed to form part of these terms of business as if set out herein at length, hereinafter referred to as "party 1"
1) General
Party 1 has completed the "ATS application Form" and wishes to avail of ATS's services.
This Agreement may be revised in part or in whole by the approval in writing of both parties.
party 1 hereby agrees and undertakes that he will at all times during the period of this Agreement observe and comply with the terms and conditions contained herein and warrants that he shall perform all his obligations and undertakings pursuant to this Agreement in a lawful manner.
All understated terms shall also apply to the employees or persons whom work for via Party 1 directly
2) Nature of the Agreement
If party 1 is an independent contractor, self employed person or provider of personnel is wholly responsible for his fiscal, financial, and business affairs arising from this or any other agreement.
Fiscal, financial, and business affairs shall include but not be restricted to include any form of statutory or governmental taxation or contributions arising from party 1s place of birth, place of business, country of domicile, country and or place of permanent or temporary residence, nationality.
Party 1 hereby covenants with ATS that party 1 shall be responsible for all tax, statutory liabilities and any similar contributions properly due to be collected or remitted by or on behalf of party 1 wherever they may arise in respect of monies received under this agreement and shall be responsible for informing all statutory authorities as may be applicable of his whereabouts when and if required to do so and shall wholly indemnify ATS in respect of any claims that may be made against ATS by any such relevant statutory authority relating to services under this agreement. Party 1 is responsible for obtaining all necessary permissions, licenses, consents, waivers or other relevant documents required by him in his capacity as an Independent Contractor, self employed person or provider of personnel and or arising from this agreement.
Party 1 shall indemnify and hold harmless ATS against any claims in connection with the assignment lodged by the fiscal or social insurance authorities in respect of taxes or social insurance premiums, including fines and
interest levies, if the fiscal or social insurance authorities on the grounds of the Agreement rightly
assume the existence of an employer-employee relationship between ATS and Party 1
3) Payment
ATS will pay to party 1 the agreed sum of fees and deduct (less) any charges incurred in receiving or making onward payment if applicable to party 1. ATS will only pay fees to party 1 on receipt of accurate time sheets. Party 1 is aware that ATS uses time sheets for accurate timekeeping and that providing the time sheets on time. Party 1 fully agrees that accurate and on time providing of these time sheets are for the responsibility of party 1, Delay in providing time sheets may result in payment delay.
ATS will not be liable to party 1 for any monies not paid by a client whether or not having properly raised an invoice in respect thereof or for any delayed payment whatsoever where such delayed payment is by reason of a bank credit or similar credit received without sufficient identification or details necessary to accurately reconcile the funds. ATS may deduct any disputed hours from any payment made to party 1.
A payment period of 30 day's will be seen as standard. It can be agreed different if agreed otherwise.
4) Duty times & applicable regulatory requirements
ATS shall render services on a daily basis to its assigners which typically operates in 24 hour shifts, 7 days a week.
Party 1 is obliged to adhere to working- and resting hours as described in the applicable legislation and Dutch law (also known as C.A.O. Collectieve Arbeids Overeenkomst Metalektro). Can be found at www.caometalektro.nl if working for ATS in the Netherlands.
As standard ATS will deduct one half hour ( 30 minutes) per day as compensation of resting or lunch break. This can be deferentially if agreed otherwise.
Shifts will be agreed before starting but can be change during the assignment dependable of ATS assigners decisions.
If Party 1 is responsible of accurate and sufficient resting hours. Matters which revolves from being tired or insufficient rest will be for the responsibility of part .
If party 1 will be placed at an ATS assigner in a specific shift roster mixed by personnel of the assigner, party 1 will hold the same rest and working hours as the ATS assigners personnel.
5) Termination
ATS shall be entitled, after having been given notice of default in writing, to terminate any agreement with immediate effect, if party 1, fail to fulfil their obligations arising from the Assignment with one week notice , or directly in other cases of serious, attributable shortcoming, regardless of the duration thereof.
If ATS decides to cancel the agreement prematurely party 1 will be paid until the last effective working day or hours.
Termination shall be effected by registered letter, stating the reason for termination. On termination of the Agreement, Party 1shall immediately return to home or hotel with everything in their possession relating to personal possessions. Possessions of ATS or the company where party 1 is place by ATS will be left at that specific company. If party 1 doesn't follow this, all expense incurred of rectifying this will be for the expense of party 1.
6) Charges and Service
ATS reserves the right to change its charges and method of provision and nature of service it provides from time to time during a assignment subject to 14 days notice in in any form. Or before an assignment any time.
7) Liabilities and Authorities
In any event and in no circumstance will ATS be liable for any loss or cost whatsoever whether direct or indirect and this will include but not be restricted to loss of profits, business or anticipated savings, or any indirect consequential damage whatsoever.
Party 1 must not and has no authority to enter into any agreement on behalf of ATS.
8) Indemnity
Party 1 will indemnify and hold ATS harmless against any and all claims whatsoever and howsoever arising from the actions or inaction's of party 1. In the event of any such action being brought against ATS party 1 will enjoin ATS in any necessary defence. party 1 as independent contractor, self employed persons or persons whom work via party 1, shall ensure the provision of adequate Employer’s Liability Insurance, Public Liability Insurance and any other relevant policies in respect of all the assignments undertaken and shall make a copy of such policies available to ATS upon request. These provisions might not be asked by ATS directly but can be requested when needed. Party 1 is responsible of accurate handling. If Party 1 can not succeed ATS requests in this matter all expenses shall be incurred by party1.
9) Legal
Contractors or employees are not involved in a legal issue which may affect accurate,concentrated, social or professional work performance, or liability exposure of his employer Airline technical Support or it's customers. If this situation occurs without notice of party 1 and results in substantial matters, all expenses involved this matter will be for the expense of party 1.
10) Non-competition clause
For a period of 1 (one) year , beginning on the day on which the last contract worked for ATS expires, Party 1 will not be allowed, without ATS prior permission in writing, to perform or commission the same type of activities, which are/have been contracted or set up by ATS, or competing parties of ATS.
11) Confidentiality
Party 1shall observe confidentiality in all matters relating to ATS and party 1 made known to its organisation and employees or to which party 1 has access, directly and indirectly, during and any time after the Assignment period. The obligation of confidentiality shall extend to all data of which party 1 knows or should reasonably have known that knowledge there off by any third party might prejudice ATS interests.
Party 1shall not, without ATS permission, keep for itself or make available to third parties any goods, including documents or copies of documents relating to the Company’s subsidiary(/ies) or companies affiliated with the Company, all in the broadest sense. Such goods are and shall remain the property of ATS or the companies affiliated with ATS.
If party 1fails to fulfil any of its obligations. It shall by that very fact, without further notice of default or need for observance of any other formality, forfeit a penalty, of the height dependable of the failure, or direct notice without prejudice to ATS right to compensation for the loss incurred as a result of party 1failure.
12) Protective clothing
Party 1 is responsible of using available protective clothing. If clothing is not available party 1 should notice ATS in writing of that current condition and ATS in case of employees will provide corrective action. In case of an independent contractor, self employed persons or persons whom work via party 1. they are them selves completely responsible of providing protective clothing. If an accident, incident, injury or occurrence happens as result of improper protective clothing or protection. All liability will be of party 1. and party 1 will hold harmless ATS in any case. Working shoes are for party 1 as independent contractor, self employed persons or persons whom work via party 1 for own responsibility. They are acceptable standard protective shoes used in aviation. If inaccurate shoes are worn, ATS is allowed to provide corrective protection at party1 expense.