General Terms and Conditions for Personnel Consulting / Placement:
1. general: The following General Terms and Conditions govern the rights and obligations of the company staff24 Personalservice GmbH, hereinafter referred to as staff24, and the contractual partner, hereinafter referred to as the client, in connection with the provision of personnel consulting services.
2. personnel consulting: Within the scope of personnel consulting, staff24 carries out the search for and selection of personnel for the client on the basis of the job description of the position to be filled, which is drawn up jointly with the client or provided by the client.
3. customer identity: The client must immediately notify staff24 in writing of any changes to the customer’s name, company name, address, paying agent, company book number or legal form. Documents shall be deemed to have been received by the client if they are sent to the address or paying agent last notified by the client.
4. commencement of the contract: The contractual relationship begins with the signing of the order confirmation, but at the latest with the first necessary step taken by staff24 for the search and selection of personnel according to the client’s job description.
5. fee: The workload of staff24 for the search, selection and presentation of suitable candidates is covered by the fee to be agreed between the client and staff24 and invoiced by staff24 after conclusion of the (freelance) service contract between client and candidate. Depending on the agreement reached, the fee comprises one or more times the gross monthly salary for full-time employees (in the case of part-time employment, the gross monthly salary is to be extrapolated to full-time employment) rounded up to the nearest ¤ 100, but at least ¤ 2,500. The fee is due for payment immediately after invoicing without deduction and will be charged plus 20% VAT. The gross monthly salary of the placed employee (freelancer) is made up of the fixed salary promised or agreed with the employee plus any overtime allowances, expected increases in the first year of service and the average of any commissions, bonuses and allowances in the first year of service. Telephone, post and telegram expenses are already included in the fee.
6. guarantee on the follow-up search: In the event of termination of the employment relationship with the placed candidate within the first three months from the start of the employment relationship by one of the two parties, staff24 undertakes to carry out a one-off follow-up search free of charge for a period of one month from the announcement of the termination of the employment relationship on the basis of the job description valid for the first candidate search and the requirements profile drawn up. The client is obliged to notify staff24 in writing of the request for a follow-up search within one week of the termination of the employment relationship, as otherwise the guarantee claim for a follow-up search expires.
7 Obligations of the client: The client undertakes to notify staff24 in writing within two weeks of the conclusion of a (freelance) employment contract with a candidate named by staff24, provided that this employment relationship is concluded within two years of the initial announcement of the candidate’s name. In this case, the client undertakes to pay the fee agreed in the personnel consulting contract immediately after invoicing without deductions. If notification is delayed or omitted, the client shall pay twice the agreed fee.
8 Confidentiality: The client undertakes to treat all names of candidates and all information received in strict confidence. In particular, he undertakes not to pass these on to third parties under any circumstances or even to name them. If the client acts contrary to this obligation, a no-fault contractual penalty in the amount of twice the fee agreed in the order confirmation, which is not subject to judicial mitigation, shall be deemed agreed.
9 Validity: The invalidity of individual provisions of the agreement and its components – in particular these General Terms and Conditions – shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by a valid provision that comes closest to it in meaning and purpose. Austrian law shall apply to the entire legal relationship between the client and staff24.
10. written form: All agreements deviating from these terms and conditions must be set out in writing. This also applies to any deviation from the written form.
Place of jurisdiction: The place of jurisdiction is Vienna.