General Terms and Conditions for the Provision of Personnel:

1. staff24 Personalservice GmbH, abbreviated to staff24 or the provider, provides the client (=employer) with one (or more) employee(s) (=supplied worker(s)) exclusively in recognition and application of the respective valid terms and conditions, irrespective of whether or not a written order confirmation exists.

2. the provision of personnel by staff24 and the employment of the employee by the client shall be carried out in compliance with the applicable legal regulations, in particular the Temporary Employment Act (AÜG), BGBL. No. 196/1988 and the Collective Agreement for the Provision of Temporary Workers and the Collective Agreement for Employees in Craft and Trade, Services, Information and Consulting.

3. the leased workers are registered and insured under social security law and have no claim whatsoever against the Employer for payments, money or other benefits.

4. the working hours of the personnel provided shall be based on the working hours of the Employer. Working hours in excess of normal working hours shall be charged with the corresponding statutory overtime surcharges or invoiced according to the offer for the respective client. In companies with collectively agreed or otherwise generally deviating working hours, the working hours applicable to the permanent staff shall also apply to the employees provided by staff24.

5 The Client acknowledges that it is considered an employer within the meaning of occupational health and safety law pursuant to Section 6 (1) AÜG. It is obliged to comply with the statutory provisions applicable to temporary workers, such as the Working Hours Act and the employee protection regulations. The client must take the necessary instruction, education and hazard prevention measures (protective clothing etc.) in accordance with the Employee Protection Act and inform staff24 accordingly. In particular, the client is obliged to provide written evidence of the necessary and completed training and instruction of the leased employees and, in the event of official proceedings, to provide all necessary information.

6. the client assumes sole liability for unlawful employment of the workers provided by staff24 in his company or on his construction sites and expressly indemnifies staff24 from any liability or penalty imposed on staff24 for unlawful employment with the client. Should the employee be used for other, more highly qualified activities than those agreed, staff24 is entitled to charge the correspondingly higher hourly rate. If the assigned employee does not show up for work for reasons beyond the control or influence of staff24 (e.g. personal reasons of the employee), no claims for damages can be asserted against staff24. staff24 is entitled to provide replacement employees as quickly as possible.

7. the Employer is obliged to inform the temporary employment agency about the essential circumstances of the temporary employment before it begins. This applies in particular to the required qualifications of the leased employee and, as a result, the classification under the collective agreement, which is to be made for comparable employees for comparable activities in the applicable collective agreement. Furthermore, the transferor must be informed of the essential working and employment conditions which are laid down in binding provisions of a general nature, such as company agreements, and which relate to working hours and vacation. The Employer must also inform staff24 about the performance of heavy night work in accordance with the Night Heavy Work Act or the Heavy Work Ordinance.

8. the remuneration of the temporary workers shall be based on the collective agreement valid in the respective employing company, as well as the remuneration regulations of the collective agreement for the provision of temporary workers and, in the case of salaried employees, the framework collective agreement for salaried employees in trade and industry, services, information and consulting. Complete information from the client is essential for the correct application of these regulations. In order for proper invoicing to be carried out by staff24, the Employer is obliged to immediately provide written notification of the collective agreement applicable in its company for the leased worker, any wage-regulating company agreements and other written agreements with the works council on the customary wage level.

9. staff24 shall not be liable for damages caused by the leased employee, as the supervision of the proper and professional execution of the work of our employees and the right to issue instructions remain with the client. Possible damages are regulated in the Employee Liability Act and are covered by his business liability insurance. staff24 is to be held harmless. Possible deductibles have no effect for us.

10. the client agrees not to employ any staff24 employees in his company for three months after completion of an order, or to employ them through another personnel service provider. Furthermore, the client agrees not to employ any employees who have been introduced or named by a staff24 employee. Should this nevertheless occur, staff24 is entitled to invoice the client for three average gross monthly salaries of the employee.

11. if the client does not inform staff24 in good time about the deployment of a leased employee outside its permanent, stationary operations, the client expressly agrees to the charging of higher hourly rates than those agreed to cover the necessary expense allowances.

12. in the event of the use of personnel beyond an agreed end date, the written agreements of the order placed shall continue to apply. A premature return of personnel due to “insufficient qualification” can only take place within the first two days.

13. staff24 reserves the right to adjust the sales prices in the event of statutory and/or collective agreement changes.

14 The client is obliged to confirm the hours worked to the leased employee on the time sheet form. This must be completed in full and handed over to the employee by the end of work on Friday. If it is not otherwise possible for the employing company, this data can also be handed over or transmitted by the third of the following month at the latest. If this is not done, i.e. if the confirmed time sheet is not handed over to the employee for whatever reason, staff24 is entitled to invoice the working time according to the employee’s details. There is no obligation on the part of staff24 to accept late submitted performance records or corrections of confirmed working hours.

15. the client shall be fully liable for penalties, additional claims and for all disadvantages incurred by staff24 if penalties are imposed, additional claims for payment are made and/or security is requested from the authorities due to incorrect or incomplete information provided by the client under the Wage and Social Dumping Act.

16 Invoicing takes place every 14 days. Prices, travel time, travel expenses and zone surcharges are charged according to the order confirmation.

17. 8% interest on arrears per annum shall be charged in the event of default in payment. Should the default also result in reminder fees and costs incurred by the commissioning of a debt collection agency and/or a lawyer, these are to be reimbursed by the client. In the event of default of payment, staff24 shall be entitled to immediately withdraw the workers still on duty from the respective workplaces, while fully maintaining the claim to the total order amount. The same shall also apply in the event of violations of employee protection regulations or other grossly negligent or contractually or unlawful actions on the part of the client.

18. counterclaims of any kind whatsoever may not be offset against staff24 invoices. Payments that have not been offset are to be offset against the oldest debt in such a way that the costs mentioned in point 17 can be covered first, then the interest and finally the capital.

19. verbal arrangements or agreements that contradict these terms and conditions or the price list require the written consent of the management in order to be valid.

(20) 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. Vienna is agreed as the place of fulfillment and jurisdiction.

Status: 26.03.2018