General terms and conditions
1 Scope and General
1.1 The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all legal transactions between talentmonkeys GmbH and the contractual partner (hereinafter referred to as "principal") unless expressly agreed otherwise in writing.
1.2 These GTC in their respective version shall also apply to future legal transactions with the same customer without talentmonkeys GmbH having to refer to their validity in each individual case.
1.3 These GTC apply exclusively. Any deviating, conflicting or supplementary general terms and conditions of the client are hereby rejected and excluded. This also applies if the general terms and conditions of the customer have not been expressly objected to and / or talentmonkeys GmbH provides the services without objection. Deviating terms and conditions of the customer shall only become part of the contract if and to the extent that talentmonkeys GmbH has expressly agreed to their validity in writing.
1.4 Legally relevant declarations and notifications made or to be made by the customer to talentmonkeys GmbH after the conclusion of the contract (for example, setting of deadlines, reminders, notices of termination, etc.) must be made in writing to be effective, unless otherwise stipulated below.
2. Conclusion of contract
A contract between talentmonkeys GmbH and the client shall be concluded upon talentmonkeys GmbH's written acceptance of the client's order. Silence on the part of talentmonkeys GmbH regarding an order from the client does not constitute acceptance of the same.
3. Rights and obligations of talentmonkeys GmbH
3.1 talentmonkeys GmbH will provide its services in accordance with the details in the acceptance of the order and the agreements made in writing between the parties in the individual case. In case of doubt, the provisions of the written agreement will take precedence over both the GTC and the details in the acceptance of offer.
3.2 Immediately after the conclusion of the contract, talentmonkeys GmbH will start the research and the work for the placement of suitable applicants for the operation of the client's company on its own responsibility and free of instructions and will
continue these activities until the termination of the contractual relationship, this according to the respective requirements. However, talentmonkeys GmbH cannot make any promises as to the success of the placement efforts and the naming of suitable applicants; talentmonkeys GmbH makes a promise of use.
3.3 talentmonkeys GmbH is entitled to engage third parties or assistants to perform its duties, the selection of which is exclusively at talentmonkeys GmbH's own discretion.
3.4 talentmonkeys GmbH will conduct preliminary interviews with applicants at its own discretion in order to check their qualifications. talentmonkeys GmbH will regularly inform the client about its efforts and the results of its research and, after selecting suitable applicants, will notify the client of these in writing by sending a qualification profile.
3.5 Where possible, talentmonkeys GmbH will coordinate the dates of the applicants' interviews with the client. Otherwise, the client shall inform talentmonkeys GmbH of the dates of interviews that it has arranged itself. All necessary costs and cash expenses (such as travel costs, overnight accommodation, etc.) incurred by the applicant for participation in the interviews shall be borne by the client.
3.6 The client is responsible, in consultation and agreement with the applicant, for the sole and final decision on the type of employment relationship of the same in his company (dependent employee, freelancer, work contractor, "new self-employed person" or other atypical employment relationships).
3.7 talentmonkeys GmbH is not subject to any non-competition clause and is in particular also entitled to provide intermediary services of any kind for competing companies or related industries of the client. talentmonkeys GmbH therefore also has the right to conclude contracts and enter into business relationships with direct and indirect competitors of the client.
4. Rights and obligations of the client
4.1 Upon conclusion of the contract, the client shall name a contact person to talentmonkeys GmbH who is authorised to make all legally binding declarations to talentmonkeys GmbH required for the performance of the contract or to receive such declarations from talentmonkeys GmbH. The client is entitled to subsequently appoint another person for this purpose by written declaration to talentmonkeys GmbH.
4.2 The client is obliged to provide talentmonkeys GmbH with all information, requirement profiles, data, documents, etc. etc. required for the provision of its services. (hereinafter collectively referred to as "documents") in good time, completely and without errors. talentmonkeys GmbH shall not be obliged to check the correctness and completeness of the content of these documents provided to it.
In this context, the client further assures that it will undertake all necessary cooperative actions and provide information within its sphere of responsibility in order to enable talentmonkeys GmbH's mediation efforts and to support talentmonkeys GmbH in these efforts. If the principal fails to comply with his obligation, talentmonkeys GmbH's brokerage activities shall be suspended. Any damage resulting from this shall be reimbursed by the client.
4.3 If and to the extent that the principal provides talentmonkeys GmbH with documents, the principal warrants that it is entitled to use and provide the same to talentmonkeys GmbH. The customer shall not use or hand over to talentmonkeys GmbH any material which infringes the rights of third parties (in particular rights to a name, property rights and copyrights), is unlawful (in particular no infringement of criminal or competition law) or offends common decency. The customer warrants that he is entitled to the rights to the documents provided to talentmonkeys GmbH including their contents and grants talentmonkeys GmbH the rights of use to these documents which he himself has. The client shall fully indemnify talentmonkeys GmbH against all claims that third parties nevertheless raise against talentmonkeys GmbH in this connection, irrespective of the legal grounds, and shall fully hold talentmonkeys GmbH harmless. These reimbursable costs also include the reasonable costs of legal prosecution or legal defence on the part of talentmonkeys GmbH.
4.4 In this context and under this aspect, talentmonkeys GmbH is also entitled to pass on to third parties as its vicarious agents any documents provided to it that it requires to perform its activities (see also section 3.3).
5. Entitlement to commission of talentmonkeys GmbH
5.1 Unless the parties have agreed otherwise in writing in individual cases, the client shall owe talentmonkeys GmbH appropriate remuneration in the event of the successful placement of a candidate in the amount of 30% of the gross annual target salary (gross annual income incl. special payments, turnover and profit sharing, bonuses, premiums, royalties, non-cash benefits, non-cash assets, commissions, benefits in kind and other remuneration in prospect) stated by the client when the order was placed. A successful placement within the meaning of this provision shall be deemed to have been made upon the conclusion of an employment relationship of whatever type - also in deviation from the placement order issued - between the client and the placed applicant, even if this employment relationship is not entered into directly but nevertheless within 12 months of talentmonkeys GmbH sending the first qualification profile of the corresponding or specific applicant to the client.
5.2 Insofar as an employment relationship with a shorter contractual term than one year is entered into, the placement commission of talentmonkeys GmbH shall be
calculated on a pro rata basis. If the contractual relationship between the client and the applicant, which was initially entered into for a shorter employment period, is subsequently extended, point 5.1 shall apply.
5.3 talentmonkeys GmbH's commission towards the principal shall also be due if the employment relationship of the successfully placed applicant does not come about with the principal or its company, but is entered into with a company of the principal that is legally or economically affiliated with the principal's company.
5.4 The client shall in any case be obliged to notify talentmonkeys GmbH within one week of the conclusion of an employment relationship with the applicant together with all (salary) details required for the calculation of talentmonkeys GmbH's commission in accordance with 5.1 and 5.2. talentmonkeys GmbH shall subsequently invoice its fee claims in accordance with the agreements made, otherwise in accordance with the provisions of these GTC. This invoice shall be due for payment immediately.
5.5 In the event of default in payment, the claim of talentmonkeys GmbH shall bear interest in accordance with the provisions of § 456 UGB. This shall not affect talentmonkeys GmbH's right to claim further damages.
6. Duration of the contract
Due to the expense incurred by talentmonkeys GmbH, the principal is not entitled to terminate the agency agreement concluded with talentmonkeys GmbH before the expiry of three months from the conclusion of the agreement. Subsequently, the contract can be terminated by the client with a notice period of one month to the last day of the month, whereby the termination must be in writing.
7 Warranty and liability
7.1 talentmonkeys GmbH does not guarantee that due to its activities the position to be filled with the client can be successfully filled or will be successfully filled. No guarantee is given in particular for the quality of the applicant placed or his personal reliability and / or qualifications. talentmonkeys GmbH also assumes no guarantee for the completeness and correctness of the information provided by the applicant to the client in the application process, the verification of the information provided by the applicant is the sole responsibility of the client.
7.2 talentmonkeys GmbH expressly accepts no liability for the integrity of applicants placed. Claims for damages and reimbursement of expenses by the client against talentmonkeys GmbH, irrespective of the legal grounds, are excluded. talentmonkeys GmbH is therefore in particular not liable for circumstances or damage caused by the applicant in the exercise of or on the occasion of his activity.
8. Final provisions
8.1 Amendments or additions to these GTC must be in writing to be effective, this also applies to the waiver of the written form requirement itself.
8.2 Should one or more provisions of these GTC be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of these GTC. In this case, the parties undertake to replace the invalid provision with an appropriate valid agreement that comes as close as possible to the intended economic effect. In the absence of such an agreement, what reasonable parties would have agreed in the place of the contracting parties in order to achieve the economic intention shall apply. The same shall apply in the event of a loophole.
8.3 The client is only entitled to assign or transfer claims arising from and in connection with the contract with the prior written consent of talentmonkeys GmbH.
8.4 The client is only entitled to set-off with undisputed or legally established claims, the client is not entitled to rights of retention.
8.5 Austrian law applies exclusively to all legal relationships between talentmonkeys GmbH and the customer, and the general place of jurisdiction of talentmonkeys GmbH is agreed for all disputes between the contracting parties; this also applies in particular if the customer has its registered office abroad.
General Terms and Conditions of talentmonkeys GmbH for the "Essential", "Professional" & "Future" Services
The following GTC also apply to the "Essential", "Professional" & "Future" services offered by talentmonkeys GmbH. Should individual provisions of the following GTC conflict with the GTC listed above, the following provisions for the "Essential", "Professional" & "Future" services offered by talentmonkeys Gmbh shall take precedence over the GTC listed above.
1. Scope of application
The following General Terms and Conditions apply to all orders accepted by talentmonkeys GmbH in connection with the services "Essential", "Professional" & "Future". They shall also apply if the client has its own terms and conditions which contradict these General Terms and Conditions. Deviations from these General Terms and Conditions are only effective if they have been accepted in writing by talentmonkeys GmbH.
2. Terms of payment
The Client shall pay the contractually agreed subscription fee in accordance with the specific payment terms of the relevant order, even if no candidate presented by talentmonkeys GmbH is accepted by the Client or rejects the Client's job offer.
3. Due date and default
Fees due are payable within 14 days of the date of the invoice. In the event of default in payment, interest shall accrue on the claim in accordance with the provisions of Section 456 of the German Commercial Code. talentmonkeys GmbH reserves the right to assert claims for damages in excess of this.
4. Fee in case of selection of several applicants
If only one applicant is sought and selected for a particular position under an express order but the client hires or enters into a professional relationship with more than one applicant presented by talentmonkeys GmbH, the fee contractually agreed in the order shall be paid for each additional applicant.
5. Non-competition clause
talentmonkeys GmbH is not subject to any non-competition clause and is also entitled to provide brokerage services of any kind for competitor companies or related industries of the client. This also includes the right to conclude contracts and enter into business relationships with direct and indirect competitors of the client.
6. Term and termination
The term of the contract shall be determined by the offer. The client may terminate the order with three months' notice to the end of the month. talentmonkeys GmbH may cancel the order on a monthly basis.
7. Confidentiality of data
The client guarantees that the data of the applicants presented by talentmonkeys GmbH will not be passed on to third parties and will only be used for the agreed purpose.
8. Guarantees and liability
talentmonkeys GmbH endeavours to the best of its knowledge and belief to ensure competent and highly qualified order processing, but can neither expressly nor unconditionally guarantee a specific legal status or specific skills of the presented applicants. The Company is therefore not liable for a certain level of quality or quantity of the work to be performed by the candidate. The client is responsible for compliance with the applicable employment law provisions and for assessing the suitability of the applicants presented by talentmonkeys GmbH. talentmonkeys GmbH shall not be liable for any damage resulting from an incorrect assessment or from defects in the applicants presented.
talentmonkeys GmbH does not guarantee that the position to be filled at the customer can be successfully filled or will be successfully filled. No warranty is given in particular for the quality of the placed applicant or his/her personal reliability and qualifications. talentmonkeys GmbH also assumes no warranty for the correctness and completeness of the information provided by the applicant to the client in the application process, the verification of the information provided by the applicant is the sole responsibility of the client.
The company expressly accepts no liability for the integrity of mediated applicants. Claims for damages and reimbursement of expenses by the client against talentmonkeys GmbH, irrespective of the legal grounds, are excluded. talentmonkeys GmbH shall not be liable to the client in particular for circumstances or damages, losses, expenses, complaints or costs incurred by the client in connection with the recruitment or employment of a candidate(s) or caused by the candidate(s) in the course of or on the occasion of his/her activity.
11. Applicable law and jurisdiction
These General Terms and Conditions and the corresponding Placement Order shall be governed exclusively by Austrian substantive law, excluding the conflict of law rules of private international law. Any dispute, controversy or claim arising out of or in connection with these General Terms and Conditions or the corresponding Placement Order, including the validity, invalidity, breach or termination thereof, shall be subject to the exclusive jurisdiction of the ordinary courts in Vienna.