1. General comments
The General Terms and Conditions described below stipulate the rights and obligations of l & m executive search & consulting gmbh, hereinafter referred to as “lawyers & more”, and its contractual partner, hereinafter referred to as “Principal”, in connection with services associated with “personnel recruitment consulting”.
2. Client identity
The Principal shall inform lawyers & more immediately and in writing of any changes in the client’s name, company designation, address, payment office, commercial register number or legal form.
Documents shall be considered submitted to the Principal when they have been sent to the address most recently indicated by the Principal.
3. Beginning of contract
The contract for personnel recruitment consulting shall enter into force upon signature of confirmation of the contract or upon e-mail confirmation thereof.
The fee to be agreed upon with the Principal shall cover the work carried out by lawyers & morein searching for, selecting and presenting suitable candidates, and shall be invoiced by lawyers & more following conclusion of a (free-lance) contract between the Principal and the candidate.
The fee shall be payable immediately and without deduction upon invoicing, and shall be calculated with the addition of 20% VAT. Any applicable taxes shall be borne as required by the applicable tax legislation.
Advertisements placed at the request of the Principal and any other necessary expenses for the recruiting process requested by the Principal are not included in this fee and shall be charged to the Principal. The costs of advertisements and any other expenses shall be payable immediately upon invoicing, regardless of whether the position has been successfully filled.
5. Guarantee of additional search
If the employment relationship that has been arranged is dissolved within a period of 3 months from the beginning of such employment, by either party, lawyers & more undertakes to carry out free of charge a one-time additional search based on the relevant job description used for the original search for job candidates and the job specifications.
The Principal is obligated to inform lawyers & more in writing within one week of dissolution of the employment relationship of its request for such an additional search, as its claim to a search free of charge under this guarantee otherwise expires.
6. Obligations of the Principal
If the Principal concludes a (free-lance) contract with a candidate identified by lawyers & morewithin 2 years of the initial identification of that individual, the Principal undertakes to inform lawyers & more in writing of that fact within 2 weeks of the conclusion of an employment contract. The fee agreed upon in the original personnel recruitment consulting contract shall then be due immediately.
The Principal undertakes to treat all names of candidates as well as all information submitted to it regarding these individuals as strictly confidential. In particular, it agrees that under no circumstances will it communicate such information to third-party individuals or businesses, or even provide these individuals’ names.
If the Principal should violate this undertaking, it shall be required to pay a contract penalty in the amount of twice the fee agreed upon when the contract was confirmed; this penalty shall apply irrespective of the party at fault and is not subject to reduction by court judgement.
8. Written form
Any arrangements deviating from these General Terms and Conditions shall be set down in writing.
9. Place of jurisdiction
The place of jurisdiction shall be Vienna.