Terms and Conditions

1. General

1.1. All current and future services to our contractual partners as Employer (hereinafter referred to as “Client”) shall be provided exclusively on the basis of these General Terms and Conditions. Any provisions deviating from these Terms and Conditions, in particular the Client’s terms and conditions (including any codes of conduct and / or supplier codes), shall not apply, even if INOSOLVE Staffing GesmbH (hereinafter also referred to as “INOSOLVE Staffing”) does not separately object to their applicability in individual cases. Even if INOSOLVE Staffing refers to a letter that contains or refers to terms and conditions of the client or a third party or INOSOLVE Staffing performs unconditionally in the knowledge of conflicting conditions of the client, this does not constitute an agreement with the validity of those terms and conditions.

1.2. The activity of INOSOLVE Staffing includes the personnel placement of specialists and executives on the basis of concrete requirement profiles and the personnel leasing.

1.3. INOSOLVE Staffing advises the client and carries out the research in the applicant pool of INOSOLVE Staffing and the applicant networks. INOSOLVE Staffing undertakes the pre-selection of applications, the interview with applicants and the coordination of interview appointments.

1.4. The client undertakes to provide all necessary data and documents in the form of a job profile consisting of a job description as well as a professional and personal requirement profile for a placement order.

2. Confidentiality

2.1. INOSOLVE Staffing provides the client with confidential information about the applicants, which is intended only for the client. The Client shall respect the confidentiality and blocking of this information. It undertakes not to misuse the applicants’ data or to pass them on to third parties (with the exception of companies affiliated with the Client pursuant to §§ 15 ff of the Austrian Stock Corporation Act).

2.2. INOSOLVE Staffing undertakes to carry out each placement order with complete confidentiality.

2.3. In the event that no contract is concluded between the Client and the applicant proposed by INOSOLVE Staffing, as well as at the request of INOSOLVE Staffing, the Client undertakes to immediately return the documents provided to it, including all copies, electronic data, etc.. This does not apply to documents of an applicant with whom the Client has concluded a contract.

3. Fee

3.1. With the conclusion of an employment or service contract, whether on a freelance or salaried basis, between the client and one or more jobseekers placed by INOSOLVE Staffing, the activity of INOSOLVE Staffing is successfully completed. This gives rise to the entitlement to remuneration. This also does not cease to apply if the employment contract is dissolved, terminated, contested or cancelled again before the employee starts work, or if the employment relationship is terminated at short notice or prematurely.

3.2. For the placement INOSOLVE Staffing is entitled to a fee in the amount agreed in writing. In the absence of a written agreement, the fee shall be 30% of the gross annual salary (including special payments, bonuses and other variable components such as bonuses, gratuities and commissions, etc.). Unless otherwise agreed, the fee shall be due and payable immediately upon conclusion of the employment contract between the Client and the Applicant.

3.3. All amounts are subject to the applicable statutory value-added tax.

3.4. The Client is obliged to send INOSOLVE Staffing a copy of the concluded employment contract no later than 5 days after the conclusion of a contract without being requested to do so.

3.5. If a contract between the client and an applicant presented by INOSOLVE Staffing is concluded after the expiration of the placement contract, INOSOLVE Staffing’s claim for payment of the placement fee remains unaffected.

3.6. In the event that an applicant named by INOSOLVE Staffing is already known to the Client without the intervention of INOSOLVE Staffing, the Client shall immediately notify INOSOLVE Staffing thereof. If the placement order is nevertheless maintained by the client and a contract is concluded between the applicant and the client, the client shall owe INOSOLVE Staffing the placement fee undiminished.

3.7. If a third party (including companies affiliated with the Client within the meaning of § 15 ff. AktG) concludes a contract with an applicant on the basis of documents and information received by the Client from INOSOLVE Staffing, the Client shall owe the placement fee in accordance with these Terms and Conditions. If workers provided by INOSOLVE Staffing are employed as employees or employees similar to employees by the Client in its business through another company operating in the business of personnel provision or labor leasing, this shall be deemed to be a takeover of the employee within the meaning of these GTC.

4. Liability

4.1. INOSOLVE Staffing is not liable for the success of the mediation activity and compliance with deadlines. INOSOLVE Staffing may interrupt or cancel the placement activity at any time without giving reasons. Any liability is excluded for damages resulting from false statements or the violation of any confidentiality obligation of applicants during recruitment interviews.

4.2. The activity of INOSOLVE Staffing does not release the Client from the examination of the applicant’s suitability. Upon conclusion of the employment/service contract with the applicant, the client bears sole responsibility for the selection decision. INOSOLVE Staffing and any vicarious agents shall not be liable for any claims or damages arising from any applicant’s unsuitability. INOSOLVE Staffing is also not liable for a specific success in establishing an employment relationship or for damages caused by applicants.

5. Special Services

5.1. Expenses incurred by applicants for interviews on the client’s premises shall be reimbursed by the client directly to the applicant.

5.2. Travel and accommodation expenses incurred by INOSOLVE Staffing within the scope of an order of the Client shall be reimbursed by the Client directly to INOSOLVE Staffing.

6. Set-off, Written Form

6.1. The Client may only offset or assert a right of retention against claims of INOSOLVE Staffing if the counterclaim is undisputed or has been legally established.

6.2. Changes and / or additions to the agreements made between INOSOLVE Staffing and the client must be in writing and signed by hand.

7. General Provisions

7.1. All legal relations between INOSOLVE Staffing and the Client shall be governed exclusively by the laws of the Republic of Austria, excluding its conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

7.2. The place of jurisdiction for any disputes arising from the business relationship between INOSOLVE Staffing and the Client shall be exclusively the competent court at the registered office of INOSOLVE Staffing GesmbH in Vienna.

7.3. Should any provision in these terms and conditions or any provision in supplementary agreements be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Rather, the invalid provision shall be reinterpreted as a provision that is valid and comes as close as possible to the economic purpose of these GTC.