Special conditions - People & Organisation

Last updated: 13-01-2026

 

Article 1 - Definitions

1.1. For the interpretation of these Special Conditions regarding People & Organisation, the following definitions apply.

  1. Special Conditions regarding People & Organisation: these special conditions applicable to the Services;
  2. Services: The services regarding advice on HR Organisation that the Service Provider will provide to the Client, as described in the Quotation signed by the Client, to which these Special Conditions regarding People & Organisation apply.
  3. HR Organisation: includes, among others, but not limited to, the optimisation of remuneration systems, social-legal compliance, organisational structure, leadership development, employer branding, and talent acquisition.

1.2. The definitions as described in the General Terms and Conditions also apply to these Special Conditions regarding People & Organisation. In case of contradictions, the definitions as set out above in Clause 1.1 of the Special Conditions regarding People & Organisation prevail.

 

Article 2 - Subject-matter

2.1. These Special Conditions regarding People & Organisation contain the general provisions and conditions that apply solely to the provision of Services regarding advice on HR Organisation to the Client by the Service Provider. The specific scope of the Services is described in the Quotation.

 

Article 3 - Performance of the Services

3.1. Since the Service Provider only provides assistance and support for the performance of the Agreement, the responsibility lies with the Client. The Services can under no circumstances be perceived or qualified as policy decisions by the Service Provider. The Client is solely responsible for the description of the assignment, the implementation of the advice or recommendations, having the Services performed, and the absence of incorrect, missing, or conflicting information/instructions.

3.2. It is the Client’s responsibility to develop, undertake, or select the necessary actions in the implementation plan in a timely manner, or to guide the Client’s employees (for example, supervise, monitor) in executing the actions for implementing recommendations or advice arising from the Services.

3.3. Only the Client shall be liable for:

  • making all policy and management decisions and performing all management functions;
  • appointing one or more persons with the appropriate skills, knowledge, or experience, preferably at the senior management level, to oversee the Services;
  • interpreting and evaluating the results of the Services;
  • the data/information on which the Services are based;
  • accepting responsibility for the results of the Services; and 
  • establishing and maintaining internal controls, including, but not limited to, monitoring ongoing activities.

 

Article 4 - Delivery of the Services

4.1. Any delivery times communicated by the Service Provider are purely indicative, and the Service Provider has only an obligation of means in this regard. The Service Provider undertakes a best-efforts obligation to perform the Services, unless otherwise agreed in writing in the Special Conditions.

4.2. Partial performance of the Services is allowed, which means that the Client does not have the right to refuse partial performance of the Services.

 

Article 5 - Renumeration

Unless expressly agreed otherwise, the Service Provider is entitled to adjust the rates once a year (specifically on 1 January of each year) on the basis of the change in labour costs in the digital sector applicable for the month of November preceding the adjustment, as published by Agoria (Agoria Digital Index). The Agoria Digital Index is always available at: https://www.agoria.be/system/files/general/digital-index-referteloonkos….

The revision in accordance with the preceding paragraph is calculated using the formula:

PN=PO x [0.80 x (SN/SO) + 0.20], where

  • PN = adjusted remuneration
  • PO = remuneration at the start
  • SO = Agoria Digital Index on which the remuneration is based
  • SN = Agoria Digital Index valid at the time of revision

 

Article 6 - General provisions

6.1. These Special Conditions regarding People & Organisation form an integral part of the General Terms and Conditions of the Service Provider, which are available at all times at www.denp.be/algemene-voorwaarden. The provisions of the General Terms and Conditions fully apply to these Special Conditions regarding People & Organisation and are supplementary. In case of conflict, the provisions as set out in the Special Conditions regarding People & Organisation prevail over the provisions of the General Terms and Conditions, unless expressly and in writing agreed otherwise by the Service Provider.