1 Scope of application
1.1 Personnel consulting (direct placement, direct search) and consulting training and coaching services by Barbara Stampf, hereinafter referred to as BST. The GTC shall also apply to all future contracts, supplements and additional agreements. Any GTC of the client deviating from these shall only become valid if they are expressly accepted by BST in writing.
2 Conclusion of contract
2.1 The contract shall be concluded by signature of the offer or the order confirmation by the client or by e-mails with the same content. In any case, however, the contract shall be concluded by the commencement of employment of a candidate presented by BST with the client or by the commencement of work for the client in the consulting field.
3 Scope of Services - Recruitment
3.1 The subject matter of the Recruitment & Headhunting service is the search, selection and naming by BST of a candidate who corresponds to the order, in particular to a requirements profile or position description provided by the client. Additional services (placement of advertisements, testing procedures, travel expenses, etc.) are to be paid for separately. The object of performance in the HR, coaching and training area is the consulting service defined with the customer.
3.2 The client shall thoroughly examine the candidate profile created by BST in connection with the placement and the candidate. The selection of a candidate shall be made by the Client itself. The services provided by BST are based on the information provided by candidates and third parties. BST cannot guarantee the accuracy and completeness of this information. Under no circumstances shall BST be liable for the suitability of applicants for the purposes of the client. Likewise, BST shall not be liable for the existence of the permits required under labor and residence law in order to be entitled to work and live in Austria.
3.3 For services in the area of direct search, the client warrants that BST is the only company to which a specific search order has been placed. In order to enable a uniform assessment and objective selection of candidates, it is necessary to subject all candidates to a uniform selection procedure. This also applies to interested parties who are brought into the interview by the client.
4 Settlement Recruitment
4.1 The recruitment fee is an agreed percentage of the future gross annual income agreed with the proposed candidate. The gross annual income on which the calculation is based is understood to include the entire remuneration, including Christmas bonus, vacation pay and variable salary components in the first year of service.
4.2 The entitlement to a fee shall arise if an employment contract or any other agreement establishing an employment relationship (including marginal, part-time, temporary) has been concluded between the Client or a company affiliated with it and the candidate proposed by BST or if the candidate works for the Client in any other way. If a contract is concluded on terms other than those offered, or if the proposed candidate is intended for a job that deviates from the requirements profile, this shall not affect BST's entitlement to a fee. A claim to a fee shall also arise in full if a third party to whom the client has passed on application documents concludes an employment contract (self-employed or employed) with a candidate presented by BST or if a commitment to hire has been given or the candidate otherwise becomes active for the third party. For the obligation to treat application documents confidentially, see Section 7.1.
4.3 The client undertakes to immediately provide BST with evidence of the conclusion of an agreement substantiating the fee claim. In doing so, the client shall inform BST of the amount of the agreed gross annual income according to the preceding definition. Should the client fail to comply with this obligation, BST shall be entitled to use a gross annual income customary in the market for the qualification of the candidate as a basis.
4.4 If a candidate proposed by BST has already applied directly to the client and is in an active application process, the client shall be obligated to inform BST thereof immediately upon receipt of the candidate's data. In this case, BST shall no longer provide any service with regard to this candidate. If the client fails to provide such notification, BST shall continue to provide services and charge accordingly.
In the course of processing an order, unforeseen circumstances for which BST is not responsible may cause the client to cancel an order. In such a case, BST shall invoice on a pro rata basis for the Services performed until receipt of written notice to that effect from the Client.
4.5 If the proposed candidate has applied to the client at an earlier point in time, but is not in an active application process with the client ("is in the database"), the candidate shall be considered relevant to the fee within the meaning of the preceding charging rules.
4.6 Special services such as advertisement-supported personnel search in print media or aptitude tests shall be agreed separately in writing between BST and the Client. Travel expenses incurred by BST within the scope of an order for activities at the request of the client shall be invoiced separately to the client.
4.7 The following shall additionally apply to the invoicing of a service in the area of Direct Search: If more than one candidate is recruited or employed on a self-employed or employed basis during the course of an assignment, BST shall charge a corresponding additional fee in the amount of the agreed fee for each additional candidate recruited.
5 Recruitment and Data
5.1 The client is not entitled to store data of rejected candidates, to pass them on to third parties and to employ rejected candidates at a later date within the next 2 years from the passing on of the data by BST in its company, a subsidiary or a client company (irrespective of the form of service) or to place them with such companies. Employment during this period will result in the placement fee being charged.
6 Liability
6.1 BST shall select workers with regard to their general suitability to meet the client's requirements with a high degree of commercial care. In the absence of any other agreement, BST shall only be liable for the average professional and technical suitability of the employee.
6.2 In the event of a breach of this obligation, BST shall only be liable to the client for personal injury and damage to property directly caused by fault in the selection, but only to the extent that BST has committed intentional or grossly negligent breaches of care in the selection and the lack of suitability of the employee was not already apparent to the client.
In particular, BST shall therefore not be liable for indirect damages, consequential damages, mere financial losses or lost profits incurred by the client.
6.3 BST shall not be liable under any circumstances insofar as the employee is entrusted with money matters, such as cash management, safekeeping and administration of money, securities and other valuables. It is the sole responsibility of the client to protect itself against such risks.
6.4 The liability of BST in connection with the entire business relationship with the client shall in any case be limited to the amount of the respective annual turnover of the contractor's services, but not more than EUR 5,000.
7. data protection
7.1 Application documents submitted to the client by BST shall remain the property of BST. Application documents shall be treated confidentially and, if not used, shall be returned to BST immediately or destroyed. The client undertakes not to pass on, retain or copy application documents or data of candidates proposed by BST to third parties. Both contracting parties shall be subject to the provisions of the Data Protection Act as amended from time to time. The data provided by the client may be stored for the purpose of processing the underlying contract or individual contracts.
7.2 The client and BST mutually undertake to treat as confidential for an unlimited period of time any trade and business secrets of which they become aware during the cooperation. Company and business secrets may only be disclosed to employees to the extent that this is necessary for the performance of the respective contractual party under this contractual relationship. Insofar as the client entrusts BST's employees with company and business secrets or makes them accessible, BST shall not assume any liability for this.
8 Early termination of the contract
8.1 BST shall also be entitled to terminate the contract prematurely without observing any periods or deadlines if there is good cause. Good cause shall be deemed to exist in particular if:
a. the client is more than 7 days in arrears with a payment to which it is obliged vis-à-vis BST, despite a reminder and the setting of a period of grace;
b. the client continues to violate statutory or contractual provisions despite being requested to comply;
8.2 If the contract is terminated prematurely for reasons within the client's sphere of influence or if the leased workers are recalled by BST for such a reason, the client shall not be entitled to assert any claims against BST, in particular for warranty or damages.
9 Applicable law and place of jurisdiction
9.1 The law of the Republic of Austria shall apply exclusively. The place of jurisdiction for all contractual relations between BST and the client shall be the court having subject-matter jurisdiction for 9500 Villach.
10 Written form
10.1 Any amendments to these General Terms and Conditions must be made in writing and must be signed by BST.
11 Severability Clause
11.1 Should any of the above conditions be void, ineffective or unenforceable, this shall not affect the validity of the contract and the remaining conditions. The contracting parties undertake to find a provision by means of joint negotiations which corresponds to the sense and purpose of the concluded contract and the provision which has become obsolete.
12. notes on the language regime
12.1 For the purpose of easier readability, the distinction between female and male spelling has been dispensed with in these GTC and the male form has been used in each case. However, the relevant word refers to both genders.