General Terms and Conditions
1. Scope of Application
These Terms and Conditions apply to executive/retained search services and candidate introductions provided by ArbeIT HR OG (“Agency”) to corporate clients (“Client”). Employee leasing is not offered.
2. Definitions
- Introduction: Disclosure of a candidate’s identity and/or CV, arrangement of an interview, or any other action enabling identification.
- Employment/Engagement (“Engagement”): any form of collaboration between the Client or an affiliated group company and the introduced candidate within the protection period.
3. Services
Research, outreach, screening, and shortlisting in accordance with the Statement of Work (SOW). A successful placement is not guaranteed.
4. Fees & Invoicing
- Fee basis: The percentage rate of the candidate’s annual target gross salary (base salary + target bonus + fixed monetary allowances) is defined in the SOW.
- Due date: upon signing of the employment contract (unless otherwise specified in the SOW).
- Payment terms: 14 days net from invoice date; statutory B2B default interest and reasonable dunning/collection fees apply.
- No minimum fee, unless agreed in the SOW.
5. Replacement Option (if agreed)
If expressly agreed in the SOW, the Agency offers one (1) replacement search within 6 months, provided the invoice was paid on time, the role has not been substantially changed, and the termination is not due to restructuring, site closure, or the Client’s breach of duty. Without a corresponding SOW clause, there is no entitlement to replacement.
6. Exclusivity
Searches may be exclusive or non-exclusive, as defined in the SOW. Even in the case of exclusivity, the Client may still recruit internally.
7. Candidate Protection & Non-Disclosure
If the Client or an affiliated group company employs or engages the introduced candidate within 24 months of the introduction, the fee becomes payable. The Client may not forward candidate profiles to third parties or group companies (except for internal recruitment purposes); if employment nonetheless occurs, the Client owes the full fee.
8. Background/Reference Checks
Only upon written request in the SOW and always with the candidate’s consent; expenses are borne by the Client.
9. Confidentiality & Use
Candidate data and agency reports are confidential and may only be used for evaluating the agreed position(s).
10. Data Protection
Both parties shall comply with applicable data protection laws. The Agency’s privacy policy forms part of these Terms and Conditions.
11. Subcontractors
The Agency may engage vetted research freelancers/partner sourcers who are bound by confidentiality and data processing obligations. The Agency remains responsible.
12. Liability
To the extent permitted by law, the Agency’s total liability per assignment is limited to the fee paid; this does not apply in cases of intent, gross negligence, or personal injury.
13. Force Majeure
No liability for delays or performance obstacles beyond reasonable control.
14. Governing Law & Jurisdiction
Austrian law applies; exclusive place of jurisdiction is Vienna.
15. Order of Precedence
SOW/offer → these Terms & Conditions → any client purchasing terms (excluded unless expressly accepted in writing).
Last updated: 11 September 2025.