I. General Terms and Conditions – Scope of application
1. these General Terms and Conditions (GTC) apply to all terms and conditions between qualityfox KG and the customer – hereinafter referred to as the client.
2. additional contracts concluded with the client (individual and/or framework agreements) and the provisions agreed therein shall take precedence over these GTC insofar as they conflict with provisions of these GTC; otherwise, these GTC shall supplement the individual and/or framework agreements
3. these GTC and all legal transactions concluded with qualityfox KG shall be governed exclusively by Austrian law to the exclusion of all non-mandatory conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
4. in the event of a legal dispute, it is agreed that qualityfox KG shall be subject to the jurisdiction of the competent court in Scheibbs.
II Warranty and compensation
1. qualityfox KG endeavors to check information received from applicants, but accepts no liability for its accuracy.
2. qualityfox KG will pre-select applicants on the basis of the data provided by the client and the information provided by the applicant. The selection of the applicant from the candidates presented by qualityfox KG is made by the client.
3. qualityfox KG provides no guarantee for the accuracy and completeness of the information received from Candidates, nor for the quality of the work that selected Candidates perform in the Client’s company.
4. qualityfox KG is only liable for its own content on its website. Where links are provided to other websites, qualityfox KG is not responsible for the third-party content contained therein. qualityfox KG undertakes to remove the “link” to these pages immediately if it becomes aware of illegal content.
5. qualityfox KG is only liable to the client for damages – with the exception of personal injury – in the event of gross negligence (intent or gross negligence). This also applies mutatis mutandis to damages caused by third parties engaged by qualityfox KG.
6. claims for damages by the client can only be asserted in court within three months of becoming aware of the damage and the damaging party after the event giving rise to the claim.
7. the client must provide proof that the damage is attributable to the fault of qualityfox KG.
8. if qualityfox KG performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, qualityfox KG assigns these claims to the client. In this case, the client shall give priority to these third parties.
III Personnel placement
1. the client is obliged to inform qualityfox KG immediately about the conclusion of an employment contract or about the rejection of the candidate.
2. if the client decides within 36 months of rejecting a candidate to hire this candidate – for the position originally to be filled or for another position – the client also undertakes to notify qualityfox KG of the conclusion of a contract. This also triggers the fee claim. In the event of breaches of these obligations, a contractual penalty of € 25,000.00 per breach is agreed. Any further claims for damages and contractual claims by qualityfox KG remain unaffected.
3. the client undertakes to keep confidential all information about candidates or data concerning applicants that is transmitted to it by qualityfox KG or otherwise made known to it. Furthermore, not to pass them on to third parties or to contribute to the establishment of contact between these applicants and third parties.
IV. General Terms and Conditions – Confidentiality / Data Protection
1. qualityfox KG undertakes to maintain absolute confidentiality about all business matters that come to its knowledge. In particular, business and trade secrets as well as any information obtained about the type, scope of operations and practical activities of the client.
2. qualityfox KG further undertakes to maintain confidentiality towards third parties regarding the entire content of the work as well as all information and circumstances that have been received in connection with the creation of the work, in particular also regarding the data of the Client’s clients.
3. qualityfox KG is released from its duty of confidentiality towards any assistants and representatives. However, qualityfox KG must impose the duty of confidentiality on them in full and is liable for their breach of the duty of confidentiality in the same way as for its own breach.
4. the duty of confidentiality extends indefinitely beyond the end of this contractual relationship. Exceptions exist in the case of statutory obligations to give evidence.
5. qualityfox KG is entitled to process personal data entrusted to it within the scope of the purpose of the contractual relationship. The client warrants to qualityfox KG that all necessary measures will be taken for this purpose. In particular those within the meaning of the Data Protection Act, such as declarations of consent by the data subjects.
6 These provisions IV Confidentiality / Data protection, paragraphs 1-5, shall also apply equally to the client.
V. Warranty
1. qualityfox KG will resume the commissioned personnel search if the employment contract concluded with the selected applicant ends within a period of 3 months from the start of work for reasons that lie exclusively in the person of the applicant. The client must inform qualityfox KG immediately of the termination of the employment relationship, otherwise the guarantee expires.
2. qualityfox KG does not charge a separate placement fee for this new search. Any advertising costs incurred will be borne by qualityfox KG.
3. if there is a change in the job profile underlying the advertised position in the course of the replacement – even within the guarantee period – this shall constitute a new contract. This is no longer covered by the aforementioned guarantee. If a position is filled by the client himself, no placement fee will be charged. This also applies within the warranty period
4. qualityfox KG will only conduct a free personnel search based on a guarantee obligation once.
VI Settlement of costs
1. the fee for recruitment 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 total remuneration, including Christmas bonus, vacation pay and variable salary components (e.g. bonus, non-cash benefits/benefits in kind relating to accommodation, car, …) in the first year of service.
2. if a candidate proposed by qualityfox KG has applied to the client at an earlier date, but is not in an active application process, the candidate will be considered relevant to the fee. Active application process means written communication in both directions within the last 5 working days after the candidate report has been sent by qualityfox.
3. invoices issued by qualityfox KG are transmitted exclusively electronically by e-mail. They are due for payment within 14 days without any deduction. The client expressly agrees to the sending of invoices in electronic form by qualityfox KG.
4. if the payment term is exceeded, default interest in accordance with UGB §456 and a fee of EUR 90 for each 14-day reminder will be charged.
5. qualityfox KG is released from the obligation to provide further services in the event of non-payment of interim invoices. However, this shall not affect the assertion of further claims resulting from non-payment.
6 All fees quoted by qualityfox KG are exclusive of statutory VAT.
VII . General agreements
1st possibility for project termination. The search for personnel can be terminated by qualityfox KG five months after the order has been placed if candidates have been presented by then but no employment contract has yet been concluded.
2. if the candidate presentation does not take place within a reasonable period of time (max. 2 weeks after submission of the candidates) due to delays caused by the client and suitable candidates have therefore looked elsewhere, a lump sum in the amount of the first partial invoice will be charged additionally for a new search process required as a result. The same also applies if candidates receive a commitment from the client, but the time frame until the employment contract is signed is longer than 2 weeks and the candidate has therefore looked elsewhere.
IIX. Advertisements
1. qualityfox KG publishes job advertisements at the agreed time after conclusion of the contract. If no publication date has been agreed, publication shall take place as soon as possible after conclusion of the contract.
2. qualityfox KG is not obliged to check the materials provided by the company prior to their publication or thereafter. Therefore, qualityfox KG assumes no liability for any illegal content.
3. after publication of approved content, change requests are subject to a fee. Minor changes are usually made free of charge.
IX. GTC – other provisions
1 The basis for the provision of services by qualityfox KG is initially its offer. Otherwise, these General Terms and Conditions shall apply in any case.
2. upon acceptance of the order, the client agrees that qualityfox KG may use the client’s company logos for presentation as a customer reference.
3. protection of intellectual property: The copyrights to the works created by qualityfox KG and its employees and commissioned third parties (in particular offers, reports, analyses, expert opinions, organizational plans, programs, service descriptions, drafts, calculations, drawings, data carriers, etc.) remain with qualityfox KG. During and after termination of the contractual relationship, the client may use these works exclusively for purposes covered by the contract. In this respect, the client is not entitled to reproduce and/or distribute the work(s) without the express consent of qualityfox KG. Under no circumstances shall qualityfox KG be liable for any unauthorized reproduction/distribution of the work. In particular, for example, for the accuracy of the work vis-à-vis third parties. The client’s breach of these provisions entitles qualityfox KG to terminate the contractual relationship prematurely with immediate effect. Furthermore, also for the assertion of other legal claims, in particular for injunctive relief and/or damages.
4. 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 ineffective provision shall be replaced by a provision whose economic success comes as close as possible to that of the ineffective provision.
5. amendments to the contract and these GTC must be made in writing, as must any waiver of this formal requirement. There are no verbal collateral agreements.
6 Conflicting general terms and conditions of the client are invalid. Unless qualityfox KG expressly recognizes this in writing.
7 These General Terms and Conditions shall also apply to all future contractual relationships. This also applies if no explicit reference is made to this in supplementary contracts.
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