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General terms and conditions of business
1. Validity
1.1. These General Terms and Conditions (GTC) apply to all brokerage contracts between Krisztian Barna (hereinafter "MANAGEMAX") and the client (hereinafter "Client"), in particular to all future follow-up and additional contracts, even if they have not been expressly agreed upon again. Upon use of the service, these GTC are deemed accepted and thus form an integral part of the contract between MANAGEMAX and the Client.
1.2. If, in exceptional cases, the validity of other contractual terms and conditions is expressly agreed in writing, their provisions shall apply only to the extent that they do not conflict with the provisions of these General Terms and Conditions. Non-conflicting provisions in the General Terms and Conditions shall remain in effect. Otherwise, these General Terms and Conditions supplement the framework or individual agreements.
1.3. The version of the General Terms and Conditions applicable at the time of conclusion of the contract shall prevail. Amendments and additions to these General Terms and Conditions and to the individual contract must be made in writing to be legally effective.
2. Subject of the service / 2.2. Subject of the contract
2.1. The subject matter of the contract is the placement of suitable candidates to the Client on the basis of the requirements profile announced by the Client:
a. For the purpose of effective placement, the Client shall prepare a requirement profile (professional and personal) with regard to the personnel sought, which shall be as precise as possible and shall either provide this to MANAGEMAX in writing or the profile shall be jointly developed by MANAGEMAX and the Client and recorded in writing.
b. MANAGEMAX will conduct the client's contract- or project-related research, as well as all activities during and after the recruitment process, in accordance with the principles of proper professional practice. MANAGEMAX undertakes to utilize all available expertise and experience within the scope of its services and to maintain the utmost confidentiality.
c. If a candidate recommended by MANAGEMAX has already applied to the Client independently of the placement order issued, the Client is obligated to inform MANAGEMAX immediately upon receipt of the application documents. In this case, MANAGEMAX will not provide any further services with regard to this candidate. However, at the Client's request, work will continue with this candidate, and MANAGEMAX is entitled to charge the agreed placement fee upon conclusion of an employment contract. 2.2. The subject matter of the contract is solely the placement, not the conclusion of contracts on behalf of the Client. The statutory, collective bargaining, or other provisions applicable to the legal relationship between the Client and the person placed do not apply to MANAGEMAX, in particular not provisions of an employment law nature.
3. Placing advertisements / 4. Conclusion and termination of the contract
3.1. In consultation with the Client, MANAGEMAX will advertise in suitable local and national media. MANAGEMAX will inform the Client in advance of any advertising costs and obtain their approval from the Client. These advertising costs will be invoiced to the Client. The same applies to the conduct of specialist tests or assessment centers, which will be conducted after consultation with the Client and billed to the Client separately.
4.1. The placement contract shall be deemed to be terminated and fulfilled when an employment relationship has been established between the Client and the candidate proposed by MANAGEMAX.
4.2. The agency contract may be terminated by either party at any time. The advertising costs and fees incurred up to the termination of the agency contract will then be settled and invoiced to the Client on the date of termination.
4.3. The Client undertakes to notify the conclusion of an employment contract with a candidate proposed by MANAGEMAX, as well as the agreed remuneration, by email within one week of the conclusion of the contract.
4.4 The brokerage contract shall also be deemed fulfilled if
a. the employment contract between the Client and the candidate proposed by MANAGEMAX is concluded under conditions other than those agreed upon.
b. a job is planned that differs from the requirements profile.
c. an employment relationship or other form of employment is established within 12 months after the Client has received the candidate's personal data from MANAGEMAX.
5. Fees / 6. Liability
5.1.The fee calculation is based on the agreed monthly gross income (agreed fixed salary, variable components, and special payments) of the placed candidate. For senior positions such as construction managers, engineers, technicians, etc., the fee calculation is double the candidate's monthly gross income.
5.2. The flat rate for administrative time spent (“selection methodology/applicant management”) will be invoiced no later than three months after the date of the application if no appointment has been made by that time.
5.3. Payment schedule: 50% due upon commencement of employment, 50% due upon completion of the probationary month. In each case, payment is due within 8 (fourteen) days of the invoice date.
5.4 All fees and prices are net, plus statutory VAT, payable without deduction.
5.5. In case of late payment, statutory default interest will be charged in accordance with Section 456 of the Austrian Commercial Code (UGB).
5.6. Invoicing shall be carried out electronically.
6.1. The information provided by MANAGEMAX regarding an applicant is based on information provided by the applicant or by third parties. Therefore, MANAGEMAX cannot guarantee the accuracy and completeness of the information provided, nor the authenticity and accuracy of any documents forwarded.
6.2. MANAGEMAX selects its candidates based on their general suitability to meet the client's requirements to the best of its knowledge and belief. This does not release the client from its responsibility to assess the candidate's suitability. Upon conclusion of the employment contract with the candidate, the client assumes sole responsibility for the selection decision. MANAGEMAX assumes no liability for the applicant's qualifications, suitability, willingness to work, or success at work.
7. Data protection / confidentiality
7.1. The Client and MANAGEMAX mutually undertake to treat all trade and business secrets disclosed to them during their collaboration as confidential for an unlimited period of time. Trade and business secrets may only be disclosed to employees to the extent necessary for the respective contracting party to fulfill its obligations under this contractual relationship.
7.2. The Client undertakes to use the data of potential candidates provided by MANAGEMAX exclusively for the purpose of establishing an employment relationship. Any other processing or use of the data, in particular the transfer to third parties, is prohibited.
8. General / 9. Notes on language regulations
8.1. It is agreed that MANAGEMAX may subcontract all services described in the agreement to partner companies without further consultation, but this does not in any way diminish its liability to the Client.
8.2. The place of performance is the registered office of MANAGEMAX, namely Rudersdorf.
8.3 The Client and MANAGEMAX agree to the application of Austrian law, excluding its conflict of law and referral rules.
8.3. Should individual provisions of these Terms and Conditions, a framework agreement, or individual agreement be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, the contracting parties agree to the validity of a valid provision that corresponds as closely as possible to the economic purpose of the original provision.
8.4 The Client must immediately notify the Client in writing of any changes to the company name, address, legal form or other information relevant to the placement.
For ease of reading, these Terms and Conditions do not distinguish between male and female pronouns, and use the masculine form instead. However, the term in question refers to both genders. For example, "candidates" refers to both female and male candidates.