Scope
These General Terms and Conditions (GTC) apply to the business relationship between "24HelfendeHände" and its customers in the area of personnel placement, personnel consulting, and consulting services. The company intends to use these terms and conditions exclusively for contracts and agreements within these business areas. Separate general terms and conditions are utilized for temporary employment. The customers' terms and conditions are not applicable and are expressly opposed by "24HelfendeHände".
Conclusion of the Contract
The offers presented by "24HelfendeHände" are not binding. The contractual relationship is established once the order confirmation or submitted offer is signed, or when "24HelfendeHände" is commissioned to carry out the service, whichever is later.
If there are any changes to important company-related data or other necessary information, both parties must communicate these changes immediately and in writing. This also applies in case of the withdrawal or loss of commercial authorizations.
Scope of the service
"24HelfendeHände" specializes in finding permanent employment for workers with their clients. They perform an initial selection process and carefully evaluate the candidate profiles as per the customer's requirements. The suitable candidates are then presented to the customer for their final decision. The information provided by "24HelfendeHände" about the candidate is based on their information or on third-party information such as that from former employers. However, "24HelfendeHände" cannot guarantee the accuracy and completeness of this information or the authenticity and accuracy of any documents that may be shared.
Compensation
The fee for services provided by "24HelfendeHände" is either determined by the offer signed by the customer or the order confirmation from "24HelfendeHände". If a service order is placed without an offer, "24HelfendeHände" may demand remuneration based on regular market prices. The fee is calculated based on the annual gross target salary intended for a full-time position, including basic salary and variable salary components, and is exclusive of statutory VAT.
"24HelfendeHände" is entitled to receive half of the fee upon the confirmation of employment for the candidate proposed, and the remaining half when the employee starts their job. This applies even if the contractual relationship between "24HelfendeHände" and the customer no longer exists, if a candidate is employed through a third party, or if a candidate suggested for a specific position is hired for another position directly by the client or through a third party.
If the customer hires a candidate suggested by "24HelfendeHände" within 12 months of the initial recommendation, the previously agreed fee will still apply.
The customer must inform “24HelfendeHände” immediately of such a commitment and the agreed gross target salary for determining the fee.
Payment of the fee is also due if the employment relationship is not concluded directly by the customer, but rather through an associated third party or through a third party, or if the candidate works for the customer's company or an associated third party for other reasons.
If a candidate recommended by "24HelfendeHände" has already applied to the customer or has been introduced to the customer through another source, the customer must inform "24HelfendeHände" immediately upon receiving the profile.
In such a case, “24HelfendeHände” will not provide any further services regarding this candidate. If "24HelfendeHände" is not informed or if the customer wishes to continue with the services of "24HelfendeHände" and the candidate is hired within 12 months of the candidate's introduction, "24HelfendeHände" is entitled to charge the contractually agreed fee.
The customer must inform "24HelfendeHände" immediately about the start of employment and the agreed gross monthly or annual target salary.
Additional costs for job advertisements placed at the customer's request and other expenses incurred during the provision of the service are not included in the fee and will be charged additionally, plus VAT.
Payment conditions
The payment for services must be transferred in full and with no deductions to the specified "24HelfendeHände" account within 8 days of receiving the invoice. The invoice will be considered accepted and recognized if there is no written objection from the customer within 8 days of receiving it. In case of late payment, "24HelfendeHände" has the right to charge a default interest of 1% per month on the outstanding invoice amount, as well as all costs associated with collecting the debt, such as reminder letters from lawyers or debt collection agencies, and other debt collection measures, including legal and out-of-court legal fees, which will be invoiced to the customer.
If the customer fails to pay on time, "24HelfendeHände" may also suspend services until full payment is made. The fee for the originally agreed services will still be invoiced, even if they have not yet been fully provided.
Protection clause for employees
The parties involved in this agreement mutually agree that they will not hire any person who has been or is currently employed by either party as an internal employee. This applies during the duration of the contractual relationship, during the collaboration, and for six months after the end of their employment relationship, either in their own company or in any affiliated group company. In case of an intentional violation of this pact, the parties agree to pay a compensation fee of €15,000 per poached employee to the other party.
This protective clause covers all employees who were directly involved in the contractual relationship between the parties. It also includes those who are or were employed on the basis of the contract. Examples of such employees are members of an in-house service unit of "24HelfendeHände" or consultants who worked as contact persons for the customer, as well as their respective contact persons on the customer side. If a customer decides to poach an internal employee from "24HelfendeHände", the service from "24HelfendeHände" will only be guaranteed within the existing contractual relationship if the employee concerned still has an employment period of at least three months at "24HelfendeHände" after the announcement of the poaching.
Termination of the business relationship
Either party can terminate an existing brokerage order with a notice period of three months. However, the costs incurred up to the time of termination (such as job advertisements or recruitment expenses) must be fully reimbursed to "24HelfendeHände" as per the conditions stated in Section 4.
Data Protection and Confidentiality
If "24HelfendeHände" shares sensitive or criminal applicant or candidate data with the customer, or if the customer processes such data, they must comply with data protection regulations. This includes not disclosing application documents or candidate information to third parties, correcting any errors, and deleting or blocking data once the purpose has been fulfilled. Once personal data is shared with the customer, they become responsible for data protection under the General Data Protection Regulation (EU) 2016/679 (GDPR).
The use of personal data transmitted by "24HelfendeHände" for anything other than (i) evaluating and selecting proposed candidates, or (ii) initiating employment, is strictly prohibited. By accepting offers and information about "24HelfendeHände" services electronically or by post, receiving electronic invoices, or contacting "24HelfendeHände" by phone, the customer agrees to these procedures.
Liability conditions
"24HelfendeHände" carefully selects applicants with relevant qualifications to meet the customer's requirements (as stated in Section 3). However, the final decision regarding the suitability of the candidate lies with the customer. "24HelfendeHände" does not take any responsibility for the customer's decision regarding the qualifications, skills, suitability, or work success of the candidates, or for their work and residence permits required to work in Austria or other countries of operation.
"24HelfendeHände" can only be held liable if the selection process was done intentionally or with gross negligence, and the candidate's unsuitability was not evident to the customer. The liability of "24HelfendeHände" is limited to the fee per position agreed for the respective order. Claims for compensation for lost profits, indirect damages, contractual penalties, lost savings, or business interruptions are not entertained. Personal injuries caused by "24HelfendeHände" are not covered by these exclusions of liability. The customer must report any damages discovered in writing to "24HelfendeHände" within five working days of becoming aware of it, and must assert it in court within a further three months.
Equality and fairness
"24HelfendeHände" and its customers are dedicated to actively combating discrimination. This commitment includes a clear pledge against any form of discrimination towards job applicants or employees based on their gender, ethnic origin, disability, age, religion, ideology, or sexual orientation. Both parties are committed to fostering a work environment that is based on equal treatment and fairness.
Compliance with Economic Sanctions
The customer confirms that neither they nor their management, employees, affiliates, or owners have ever been subjected to any trade, financial, or economic sanctions. They also confirm that they are not currently the subject of any claim, proceeding, or investigation with respect to such sanctions. Additionally, the customer assures that they are not owned or controlled by any party that is subject to such sanctions. The customer agrees to take reasonable measures to ensure that their employees and affiliates comply with the applicable sanctions and not to take any actions that could cause harm to "24HelfendeHände", its subsidiaries, or employees to violate any applicable sanctions. The customer also guarantees that they will not offer any financial resources resulting from business or transactions with sanctioned parties or actions that violate applicable sanctions to "24HelfendeHände" or its employees.
Working time recording
The recorded working hours of hired employees must be directly processed by 24HelfendeHände using appropriate software.
Compensation for additional expenses
If you require additional work that falls outside the agreed scope of services, such as providing working time data in a format that cannot be processed electronically or making adjustments to invoices based on customer requirements, "24HelfendeHände" will charge you separately on an hourly basis.
Final Provisions
Counterclaims can only be offset against claims from "24HelfendeHände" if the claims have been acknowledged by "24HelfendeHände" or have been legally established.
The only competent court for all disputes that arise between "24HelfendeHände" and the customer is the court in Leoben, Styria. "24HelfendeHände" also has the right to bring legal action at the customer's general place of jurisdiction. Only Austrian law applies, excluding the reference norms of international private law.
If any parts of these General Terms and Conditions or the underlying individual agreement are or become invalid, the remaining provisions' validity will remain unaffected. Ineffective clauses will be replaced by legally effective ones that are closest to the economic goal and purpose. Changes or additions to these Terms and Conditions must be recorded in writing to be effective.
This also applies to deviations from the written form clause itself. To ensure better readability, gender-specific differentiation is not made in these General Terms and Conditions. All personal designations apply to all genders.