T&A (AGB)

GENERAL T&A FOR RECRUITMENT of ALPS EAST

 

(1) SCOPE

  • For all contractual relationships of ALPS EAST (“Recruiter”) with the customer, insofar as these relate  to the placement of employees, these General Terms and Conditions apply exclusively  (“GTC”) as  amended from time to
  • These GTC supplement any mediation contract concluded and they also apply to all future contractual relationships regarding personnel recruitment, even if this is  not expressly pointed out.
  • Conflicting general terms and conditions of the customer are not applicable to the contractual relationship .
  • Deviations from these GTC as well as changes and additions to the agency contract must be made in writing in order to be legally effective. This also applies to the waiver of the written form requirement.
  • In the event that individual provisions of  these GTC or the agency contract are or become invalid  or unenforceable, this has no influence on the remaining provisions of the GTC or the agency contract. The invalid or unenforceable provision shall be replaced by an enforceable and effective provision which comes closest to  its meaning and economic purpose.

(2) Conclusion of the contract

(1)  The contractual relationship between the customer and the recruiter is concluded with the signing of the written order for personnel search and selection, but in any case with the recruitment or start of work of the first candidate proposed by the recruiter  (m/f/d) – whereby the  the earlier point in time is decisive.

(3) Services of the recruiter

  • The recruiter advises the customer in the search and selection of personnel and provides employment services on the basis of the Labour Market Promotion Act and the Trade Code as well as in accordance with the job descriptions specified by  the customer and Requirement profiles.
  • After consultation with  the customer, the recruiter places job advertisements on the personal agent’s own website as well as on job portals and in other media.
  • At the request of the customer, the recruiter also carries out  background checks, specialist tests, assessment centres, potential analyses, personnel diagnostic procedures and similar examinations  .
  • The external costs for special services in accordance with § 3 paragraph (2) and (3) will be charged to the customer after accruing. This applies regardless of whether the aus-written position can ultimately be filled. The same applies to any costs incurred by applicants in connection with job interviews.

(4) Customer’s Information

  • The customer shall ensure that the recruiter receives all information and documents necessary for the execution of the order (e.g. current job descriptions, proposed remuneration, etc.) and informs him of all changes in this regard as well as other circumstances which:       are  important for  the execution of the order.
  • If a candidate proposed by the recruiter has already applied to the customer regardless of the placement order placed, the customer must inform the recruiter immediately and certify the application that has already been made (e.g. by e-mail correspondence, etc.). In this case, the recruiter will no longer provide any further services with regard to this candidate.

If, at the request of the client, the recruiter  provides further services with regard to this candidate  – or if the notification of the direct application has  not been made  –  the recruiter is entitled to the agreed  Fee claim.

(5) Fee

  • Unless otherwise agreed in the  order  , the customer shall pay a fee  for the services of the recruiter in the amount of the agreed percentage of the annual gross salary of the respective candidate.
  • In addition to the agreed or possibly higher annual gross salary or  salary  actually  granted, annual gross salary or salary is also understood to mean any remuneration in kind and promised  variable shares, such as bonus or premium entitlements  .
  • The fee (taking into account any partial payments made) is due upon the conclusion of a service, work, consultant or other contractual relationship with the candidate presented by the recruiter, but at the latest on the first day of the candidate’s activity with the  customer or  one of the third parties referred to  in § 5 paragraph (4).
  • The fee is also due if the contractual relationship with the candidate is not from the customer but from a third party associated with him or otherwise within his sphere of influence or attributable to him (e.B group companies, third parties, which data of the candidate from  customers  , etc.)  is concluded or if the candidate works                 for other reasons (e.g. by way of temporary employment) in the customer’s company or a third party attributable to the customer becomes.
  • The fee is also due in respect of the respective candidates if more than the envisaged number of  candidates are hired   or if the candidate is nominated for a candidate other than   the  is  set in the   envisaged position.
  • In the event that  the candidate is  hired or    employed  for a  lower number of hours per  week or for a lower remuneration than was specified by  the  client in the order,  the fee of the recruiter is nevertheless at least according to that remuneration or  the number of  hours per week specified in the order. 

(6) Transmission of billing documents by the customer, contractual penalty

  • The customer is obliged to send a copy of the contract or otherwise concluded with the candidate within a maximum  of seven days after signing  or  otherwise concluding the  contract with the To send a service slip to the recruiter  .
  • If the customer fails to do so despite a written  request from the recruiter and after expiry of  a grace period of 14 days, the customer is obliged to pay a contractual penalty in  the  amount of EUR  3,000,– plus EUR 1,500,– per additional month of delay  to  the recruiter; the fee claim of the recruiter remains unaffected by this  . 

(7) Fee for the recruitment of candidates after completion of the placement assignment

  • Both the customer and the recruiter are entitled to terminate the contractual relationship at any time by written notice (letter or e-mail).
  • In the event of a termination of the contract by the customer, which was not the fault of the recruiter,  the recruiter is entitled, taking into account any down payment already made in total 70% of the  Annual gross remuneration (see § 5 para.  2)  the same applies in the event of termination of the contract by the recruiter, provided that the recruiter has sent the customer at least five candidate profiles that meet the requirement profile  specified by the  customer in the  order or if the termination of the contract by  Customers  are represented.
  •  The full fee for the candidate concerned in accordance with § 5 (taking into account any partial payments already paid) is due to the recruiter even if the  recruitment within  twelve months of the end of  the placement order of a presented candidate. 

(8) Accounting, terms of payment, prohibition of set-off, Power Interruption

  • All fees and charges are exclusive of value added tax at the respective statutory rate.
  • The customer expressly agrees to  the sending of invoices in electronic form by the recruiter.
  • Invoices are due promptly and without deduction.  In the event of default of payment by the customer, default interest of   12% p.a.    The defaulting customer is also  obliged to reimburse the dunning and collection expenses incurred, including the costs of a lawyer or collection agency.
  • Offsetting with counterclaims is excluded unless  they  have  been legally  established by a court or acknowledged in writing by the recruiter.
  • In the event of default of payment by the customer, the recruiter is entitled to discontinue  his further services from all contractual relationships with the customer until the complete receipt of all outstanding invoice amounts and/or the contractual relationships       and invoice the fee in accordance with § 7 paragraph (2). 

(9) Protection regulations, data protection

  • All candidate profiles as well as results of the selection process remain the  property of the recruiter,  insofar as candidates  are not  hired by the  client.   The customer must treat this information and, in particular, all personal data of the candidates as strictly confidential and return it to the recruiter in the event of non-use  .   demonstrably  destroyed at the  request of the personnel
  • Any processing of data by the customer may only take place in  compliance with the applicable data protection regulations, in particular the GDPR in the currently valid version.  Duplication for passing on as well as  passing on to third parties itself is expressly prohibited.  This also applies  after termination of the contract.
  • The recruiter is entitled to use personal  data entrusted to  him by the customer  (e.g. concerning the customer’s employees  or  persons who have  applied directly to  the customer) for the  purpose of fulfilling the respective  To process the mediation order. This also applies to special categories of data, any health-related data and content data from the criminal record certificates.  In this context, the customer provides the recruiter with a guarantee that all necessary measures and consents for all processing activities, in particular the consent of the data subjects for the processing of  their personal data, also with regard to special  Categories of data.
  • The customer agrees to the inclusion of his name, address and requirements in the recruiter’s customer file as well as to the electronic storage and processing of this data and furthermore declares his consent to telephone contact as well as to the sending of e-mails and  Fax messages for the purpose of marketing information and direct marketing of the Recruiter’s products and services. This consent can be revoked at any time.
  • Should a candidate’s request for information be received by the recruiter which also relates to the processing of  the candidate’s data  by the  customer,  the customer  must provide the recruiter with the necessary information or support  on request  so that  this can  be answered in a timely manner.
  • The general provisions on the processing of customer data by the employment agency and on the customer’s rights  in this regard can be found on the website of the employment agency under ALPSEAST.COM/datenschutz.

 

(10) Warranty, liability

  • The candidate proposals and the information contained therein are based on information and information from the respective candidates. The recruiter assumes no warranty or liability for the correctness and completeness of the information provided (in particular for the correctness of certificates or service certificates), for other information  provided by the candidate or by third parties   or for the candidate to meet the expectations set by the client or to achieve certain work results.
  •  Accordingly, the services of the recruiter do not release the client from checking the suitability of the proposed candidates  for the client’s needs  .
  • Liability for slight negligence on the part of the recruiter is excluded in any case. This does not apply to  personal injury.
  • Any claims against the recruiter can only be asserted within six months after knowledge of the damage and the injuring party, but at the latest within three years after transmission of the respective candidate profiles or other termination of the respective 

(11) Other provisions

  • The exclusive place of jurisdiction and place of performance for all disputes is the competent court for the registered office of the recruiter. However, the recruiter is entitled to appeal to the court competent for the customer’s place of
  • Austrian law  shall apply to the contractual relationship to   the  exclusion of those norms which refer to the application of foreign law.
  • For the sake of easier readability, the male spelling was used. Under

“Candidate” means people of all genders.

Status: FABRUARY 2022

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