GENERAL TERMS AND CONDITIONS (AGB)
1 These General Terms and Conditions (GTC) apply to all business relations between Europefusion and the customer.
2 Any conflicting, deviating or supplementary general terms and conditions of business shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.
3 German law shall apply exclusively to these GTC and to all legal transactions concluded with Europefusion, excluding all non-binding reference norms and excluding the UN Convention on Contracts for the International Sale of Goods. In the event of a legal dispute, the competent court in Vienna shall have jurisdiction for the Europefusion.
- WARRANTY AND DAMAGES
1 Europefusion endeavours to verify information received from applicants, but accepts no liability for its accuracy. Europefusion will pre-select the candidates to be presented to the client on the basis of the data provided by the client, for the accuracy and completeness of which the client alone is liable, and on the basis of the information provided by the candidate. The client selects the candidate from the candidates presented by Europefusion.
2 Europefusion does not guarantee the accuracy and completeness of the information received from candidates nor the quality of the work performed by selected candidates in the client’s company.
- claims for damages asserted against Europefusion are excluded in the case of slight negligence. In the event of intent or gross negligence, liability for compensation for consequential damages and financial losses, savings not achieved, loss of interest and damages from third-party claims against the customer is excluded.
4 Europefusion is only liable for its own content on its website. Europefusion is not responsible for any contents linked or referred to from his pages – unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. Europefusion does not make the external contents its own. Europefusion undertakes to remove the “link” to these pages as quickly as possible if it becomes aware of illegal content.
III. PROTECTION OF APPLICANTS
The customer undertakes to keep secret all information and data concerning applicants which are transmitted to him or otherwise made known to him by Europefusion and in particular not to pass them on to third parties without Europefusion’s consent. Furthermore, the customer undertakes not to forward applicants presented by Europefusion to third parties or otherwise contribute to establishing contacts between these applicants and third parties. Furthermore, the customer undertakes to notify Europefusion immediately of the conclusion of a contract with an applicant presented by Europefusion, for whom the customer had originally not decided, at a later point in time. In the event of breaches of these obligations, a contractual penalty of € 15,000.00 per breach shall be agreed; any further claims for damages and contractual claims of Europefusion shall remain unaffected. In the event of a contract between a client and an applicant presented by Europefusion within a period of three years from the date of presentation, or The customer expressly acknowledges the merits of Europefusion for the conclusion of the contract, especially if the customer has rejected the applicant within the scope of the order placed with Europefusion and this applicant is later placed with him again by third parties or the contact between customer and applicant itself or in whatever way is established by third parties. This acknowledgement also applies to the conclusion of contracts between the applicant and companies within the economic sphere of influence of the customer.
1.1 Europefusion advertises in its offers to resume the search for personnel if the employment relationship with the selected applicant ends within a period of 6 months from the start of work for whatever reason. The customer must inform Europefusion immediately of the termination of the employment relationship, otherwise the guarantee expires. Europefusion commits itself with fullest commitment to fill the position again. However, no obligation or liability arises in the event of non-performance.
1.2 Europefusion does not charge a separate agency fee for this renewed search for personnel; any advertising costs incurred will be borne by Europefusion.
1.3 If there is a change in the job profile on which the advertised position is based in the course of a replacement – also within the guarantee period – this is a new contract and does not fall under the stated guarantee commitment. In the event that the client fills a position again, no agency fee will be refunded – even within the guarantee period.
1.4 A free search for personnel on the basis of a guarantee obligation will only be carried once by Europefusion. The warranty therefore applies to one replacement per requisition.
- DIREKTE KOSTEN
The direct costs incurred in the search for personnel, in particular advertising costs, are included in the agreed agency fee and will not be charged separately to the customer.
2 Europefusion reserves the right, if possible, to avert travel claims by applicants invited to personal interviews at Europefusion and/or the client. If Europefusion is nevertheless obliged to pay the costs of travel to the interview, these costs will be borne by the customer.
- the basis for the service provision of Europefusion is initially the offer. In all other respects, these General Terms and Conditions shall apply.
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.
Valid from 04/2018 (Until revoked)