Terms and Conditions

1. General provisions

The bw-bestwork.com website is operated by BW BestWork — a recruitment agency based in Hoek van Holland (Netherlands), hereinafter referred to as the “Service Provider” or “BW BestWork”.

Using the website constitutes acceptance of these terms and conditions. If you do not accept these terms, please refrain from using the website.

These terms are available at bw-bestwork.com/en/terms in a form that makes it possible to download, save and print them at any time.

2. Definitions

For the purposes of these terms, the terms below have the following meaning:

3. Scope of services

BW BestWork operates as a recruitment agency specialising in the construction sector on the Dutch market. The Website is used to present the Service Provider’s offering and to establish contact between BW BestWork and:

• Candidates interested in taking up construction work in the Netherlands
• Business Clients looking for skilled construction workers

3.1. Services for Candidates

• Presentation of current job offers with location, hourly rate and requirements
• Option to submit an application for a specific offer via a form
• Option to submit a CV to the candidate database for future recruitment
• Support from a Polish-speaking coordinator with documents, formalities (A1, BSN, VCA), transport and accommodation arrangements

3.2. Services for Clients

• A free consultation on project scope and workforce needs
• Selection of candidates from the BW BestWork pool in line with the Client’s requirements
• Administrative support (contracts, A1, BSN, documents ensuring compliance with Dutch labour law)
• Support during project delivery (on-site coordinator, monitoring, replacements)

Detailed cooperation terms with a Client are always agreed individually in a separate B2B contract.

4. Terms of use for the website

Use of the Website is free of charge and does not require registration. To use the full functionality of the Website (forms, applications for job offers), the User should have:

• A device with internet access
• An up-to-date web browser (Chrome, Firefox, Safari, Edge in a current version)
• JavaScript and technical cookies enabled
• An active e-mail address (in order to receive replies)

4.1. Prohibited conduct

The User undertakes not to engage in actions that could harm the Website or other Users, in particular:

• Attempts to breach the Website’s security or gain unauthorised access to the system
• Using bots, automated tools or scripts to send enquiries via the forms
• Submitting content that is unlawful, contrary to good morals, harmful to third parties’ dignity, or infringes copyright
• Submitting information that is untrue or misleading
• Using the Website for advertising, marketing or commercial purposes without the Service Provider’s consent

5. Use of contact forms

The Website makes available forms enabling users to send an enquiry or an application to BW BestWork. Use of these forms is voluntary.

5.1. Required information

To fill in the form, the User provides at least:

• First and last name
• E-mail address or phone number
• Message content or subject of the enquiry

5.2. Effect of submitting the form

Submitting a form does not constitute the conclusion of a contract or the making of an offer within the meaning of the law. It only expresses a wish to be contacted and authorises BW BestWork to respond by electronic means or by telephone.

The Service Provider undertakes to reply to enquiries within 1 working day of receiving the submission (during office hours: Mon–Fri 8:00–18:00).

5.3. Personal data

Data submitted via the form is processed in line with the GDPR. Details of the processing of personal data can be found in a separate document: Privacy Policy.

6. Recruitment process

This section applies to Candidates applying for job offers or submitting their CV to the pool.

6.1. Recruitment stages

1. Application: The Candidate fills in the application form or sends a CV by e-mail
2. Initial assessment: A BW BestWork coordinator reviews the experience and qualifications (1 working day)
3. Interview: By phone or online — discussing the terms, location and start date
4. Document verification: Checking identity documents, certifications (VCA) and the A1 certificate
5. Referral to the Client: The CV is shared with the selected Client with the Candidate’s consent
6. Signing the contract: Employment contract or services contract (in the case of ZZP)
7. Start of work: Transport, accommodation (where provided) and start on the construction site

6.2. Cooperation terms

The cooperation terms (employment model: A1 or ZZP, hourly rate, contract duration, transport, insurance) are agreed individually and set out in a separate written contract.

BW BestWork does not charge Candidates any fees or commission for job placement. Recruitment costs are fully covered by the Clients.

6.3. Withdrawing from the process

A Candidate may withdraw their application at any time by writing to office@bw-bestwork.com. The data will be removed from the active pool in line with the Privacy Policy.

7. Cooperation with business clients

Cooperation with Clients (general contractors, construction firms) is carried out on the basis of a separate B2B contract.

7.1. Cooperation kick-off steps

1. Initial consultation (project scope, number of workers, specialisations, location, schedule)
2. Presentation of BW BestWork’s commercial terms
3. Signing a B2B contract governing rates, liability and guarantees
4. Candidate selection and presentation to the Client
5. Deployment of workers on the project
6. Administrative handling, reporting and cyclical invoicing

7.2. Service standards

BW BestWork operates in line with Dutch industry standards for recruitment agencies, holding, among others, the following certifications:

• NEN 4400-1 — the quality standard for Dutch recruitment agencies
• SNA-Keurmerk — a certification issued by Stichting Normering Arbeid
• VCU / VCA — a construction-sector work safety certification

Detailed commercial terms (rates, payment terms, scope of liability) are subject to individual arrangements.

8. Intellectual property rights

All content on the Website — including texts, graphics, logos, layout and structure — is protected by copyright and is the property of BW BestWork or its licensors.

8.1. Permitted use

The User may use the content of the Website solely for personal and informational purposes. The following is permitted:

• Browsing and reading the content
• Printing individual pages for personal use
• Sharing links to the Website on social media

8.2. Prohibited use

Without BW BestWork’s express written consent, the following is prohibited:

• Copying, modifying, distributing or publishing content from the Website
• Using the “BW BestWork” trademark, logo or name for commercial purposes
• Creating derivative works based on the content of the Website
• Scraping (automated retrieval) of job offers or other content

9. Liability and exclusions

9.1. Website content

BW BestWork takes reasonable steps to keep the content of the Website up to date and accurate. However, the Service Provider is not liable for:

• Minor technical or editorial inaccuracies in the content
• Temporary unavailability of the Website caused by maintenance, hosting-provider failure or force majeure
• Improper operation of the Website resulting from the use of an outdated browser or a non-standard configuration of the User’s device

9.2. Job offers

Job offers published on the Website are commercial information and do not constitute an offer within the meaning of Article 6:217 of the Dutch Civil Code (Burgerlijk Wetboek). Specific terms of employment are agreed individually with each Candidate.

9.3. External links

The Website may contain links to other sites (e.g. partners, public authorities, source documents). BW BestWork is not responsible for the content, availability or privacy practices of such external sites.

9.4. User’s actions

The User bears full responsibility for the content they provide to BW BestWork via forms or e-mail, in particular for its lawfulness, accuracy and the copyrights they hold.

10. Complaints

Complaints relating to the operation of the Website or the electronic Services provided can be submitted:

• By e-mail to: office@bw-bestwork.com
• In writing to: BW BestWork, Koning Willem III weg, 3151 HJ Hoek van Holland, Netherlands
• By phone: +31 6 47 63 90 39 (Mon–Fri 8:00–18:00)

10.1. Required content of the complaint

A complaint should contain:

• The User’s first and last name and contact details
• A description of the problem, the date it occurred and the circumstances
• The desired way of resolving the matter

10.2. Response time

BW BestWork will consider a complaint within 14 working days of receiving it. The reply will be sent using the channel indicated by the User.

Complaints regarding recruitment or cooperation with Clients are handled in accordance with the provisions of the separate contracts.

11. Changes to these terms

BW BestWork reserves the right to amend these terms and conditions in order to bring them into line with changes in legislation, the services offered or industry practice.

BW BestWork will inform Users of material changes with reasonable notice:

• By posting information on the home page
• In the case of registered Candidates or Clients — also by e-mail

The changes enter into force 14 days after publication, unless the law requires them to enter into force earlier.

The current version of the terms and conditions is always available at bw-bestwork.com/en/terms.

12. Governing law and jurisdiction

These terms and conditions are governed by the law of the Kingdom of the Netherlands. Matters not regulated by these terms are governed by the relevant provisions of the Dutch Civil Code (Burgerlijk Wetboek) and by EU law, including the GDPR.

In the case of Candidates or Users who are consumers with habitual residence in Poland or another EU Member State, the consumer-protection law of their country also applies to the extent provided for in Article 6(2) of the Rome I Regulation.

12.1. Dispute resolution

The parties will make an effort to resolve any disputes amicably, through direct negotiations or mediation.

If no agreement is reached, disputes arising from the use of the Website or the Services provided will be resolved by:

• The court with jurisdiction over BW BestWork’s registered office (Rotterdam, Netherlands) — for disputes with businesses
• The court with jurisdiction under consumer-protection law — for disputes with consumers

12.2. Out-of-court resolution of consumer disputes

EU consumers may use the online ODR (Online Dispute Resolution) platform operated by the European Commission at: ec.europa.eu/consumers/odr.