GENERAL TERMS AND CONDITIONS FOR AUSTRIA
I. SCOPE OF APPLICATION
- These General Terms and Conditions (GTC) shall apply to all business relations between Schulmeister Management Consulting GmbH, Schulmeister Management Consulting Linz GmbH, Schulmeister Management Consulting Graz GmbH, Schulmeister Management Consulting Technik GmbH (the four companies are hereinafter referred to as Schulmeister) and the customer.
- Conflicting, deviating or supplementary General Terms and Conditions shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.
- The present General Terms and Conditions as well as all legal transactions concluded with Schulmeister shall be governed exclusively by Austrian law, excluding all non-mandatory reference standards as well as the UN Convention on Contracts for the International Sale of Goods.
- In the event of a legal dispute, it is agreed that Schulmeister Management Consulting GmbH and Schulmeister Management Consulting Technik GmbH shall be subject to the jurisdiction of the competent court in 1010 Vienna, Schulmeister Management Consulting Linz GmbH shall be subject to the jurisdiction of the competent court in Linz and Schulmeister Management Consulting Graz GmbH shall be subject to the jurisdiction of the competent court in Graz.
II. WARRANTY AND COMPENSATION
- Schulmeister makes every effort to verify information received from applicants but assumes no liability for its accuracy.
- The pre-selection of applicants presented to the customer is made by Schulmeister based on the data provided by the customer, for the correctness and completeness of which the customer is exclusively liable, as well as on the basis of the information provided by the applicant. The selection of the applicant from the candidates presented by Schulmeister is made by the customer.
- Schulmeister neither guarantees the correctness and completeness of the information received from candidates nor the quality of the work that selected candidates perform in the customer's company.
- Claims for damages asserted against Schulmeister are excluded in any case in the case of slight negligence. In case of intent or gross negligence the liability for compensation of consequential damages and financial losses, not achieved savings, loss of interest and damages from claims of third parties against the customer is excluded.
- Schulmeister is only liable for its own content on its website. As far as there are "links" to other websites, Schulmeister is not responsible for the content of these websites. Schulmeister does not make the foreign content its own content. Schulmeister commits itself to immediately remove the "link" to these sites in case of knowledge of illegal contents.
III. PROTECTION OF APPLICANTS
The customer commits himself to keep all information about or data concerning applicants, which are transmitted or otherwise made known to him by Schulmeister, secret and in particular not to pass them on to third parties. The customer further commits himself not to forward applicants presented by Schulmeister to third parties or to otherwise contribute to the establishment of contact between these applicants and third parties. Furthermore, the customer is obliged to inform Schulmeister about the later conclusion of a service contract with a candidate presented by Schulmeister, even if no contract was concluded in direct temporal connection with the presentation of the candidate.
In case of violation of these obligations a contractual penalty in the amount of € 25.000,00 per violation is agreed upon. Further claims for damages and contractual claims of Schulmeister remain unaffected.
In case of a conclusion of a contract between the customer and an applicant presented by Schulmeister within a period of three years from the presentation or disclosure of the applicant's data to the customer, the customer explicitly acknowledges the merit of Schulmeister for the conclusion of the contract, in particular even if the customer has rejected the applicant within the framework of the order placed with Schulmeister and this applicant is later placed with him again by a third party or the contact between the customer and the applicant is established by himself or in whatever way by a third party. This acknowledgement is also valid for contract conclusions of the applicant with companies in the economic sphere of influence of the customer.
Schulmeister undertakes to comply with all relevant points of the DSGVO 2018. We take the greatest possible care in handling customer and candidate-specific information as a matter of course. From the time of the transmission of candidate data, the client is responsible for the data protection of the personal data transmitted by us and the corresponding compliance with all relevant provisions of the DSGVO 2018.
For the use of the transmitted candidate data beyond the recruitment process, the responsibility of Schulmeister Group expires.
- If the placement agreement between the client and Schulmeister contains a re-staffing guarantee, the client undertakes to inform Schulmeister immediately of the termination of the employment relationship, otherwise the guarantee expires.
- Schulmeister does not charge a separate placement fee for the renewed personnel search in connection with a guarantee agreement contained in Schulmeister's offer. Any cash expenses incurred, in particular advertising costs and other direct costs, however, are not part of the guarantee agreement but will be borne by the customer.
- If, in the course of a backfill - even within the guarantee period - there is a change in the job profile on which the advertised position is based, this is a new order and does not fall under the guarantee promise mentioned. In the event of a position being filled by the customer itself, no placement fee will be refunded - even within the guarantee period. A free personnel search due to a guarantee commitment will be borne by Schulmeister only once. The guarantee service is therefore valid for one backfill per search order.
VI. DIRECT COSTS
- Direct costs incurred on the occasion of the personnel search, in particular advertisement costs, are not included in the agreed placement fee and will be agreed separately with the client.
- Schulmeister shall use its best endeavors to ward off claims for travel expenses from applicants who are invited to personal interviews at Schulmeister and/or the customer. Should Schulmeister nevertheless be obliged to pay for travel costs to the interview, these costs will be borne by the customer.
VII. PAYMENT TERMS
- Invoices issued by Schulmeister are due for payment within ten days without any deductions.
- If the payment term is exceeded, legal default interest (entrepreneur interest) according to § 1333 Abs 2 ABGB will be charged. All fees quoted by Schulmeister are exclusive of statutory value added tax.
VIII. GENERAL AGREEMENTS
- Possibility for project termination: The search for personnel can be terminated by Schulmeister five months after the order has been placed, if candidates have been presented by then, but no employment contract has been concluded. In this case the fee will be charged according to the progress of the project.
- Should the candidate presentation not take place within a reasonable time frame (max. 2 weeks after submission of the candidates) due to delays caused by the client, and therefore suitable candidates have been oriented elsewhere, a lump sum in the amount of the first partial invoice will be charged additionally for a new search process necessitated by this.
- Should the client terminate the personnel search, Schulmeister will charge the client a fee in the amount of 25% of the agreed or expected total fee, irrespective of the partial services already charged up to the project termination. However, this fee is capped at the expected total fee, so that the sum of the partial payments made, and the project termination fee may not exceed the expected total fee.
- If the candidate is granted a company car for private use, a lump sum of € 10.000,00 will be added to the annual gross income for the fee calculation.
- Exclusivity: if the client hires a candidate for a specific position through another recruiter within 8 months of the placement of the order, the client will be charged the full fee as agreed.
- The basis for Schulmeister's service provision is first of all its offer. Otherwise, these general terms and conditions apply in any case.
- Should individual provisions of the contract with the customer including these general terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
Schulmeister Management Consulting GmbH
Schulmeister Management Consulting Linz GmbH
Schulmeister Management Consulting Graz GmbH
Schulmeister Management Consulting Technik GmbH