General terms and conditions

I. SCOPE

  1. These General Terms and Conditions (GTC) shall apply to all business relationships between JobRocker International GmbH (hereinafter “JobRocker”) and the customer.
     
  2. Conflicting, deviating, or supplementary terms and conditions shall not be part of the contract even if they are known, unless their applicability is expressly agreed to in writing.
     
  3. These Terms and Conditions as well as all legal transactions concluded with JobRocker shall be subject solely to Austrian law, to the exclusion of all non-binding reference provisions and to the exclusion of the UN Sales Convention. In the event of a legal dispute, the jurisdiction of the relevant court in Vienna is agreed for JobRocker GmbH.
     
  4. JobRocker advises its clients in the search for and selection of technical and managerial candidates from a wide variety of fields (see section VI 1.1). This contract shall constitute a service agreement between the customer in search of a candidate and JobRocker. By placing an order, the customer bindingly declares its contract offer. JobRocker shall be entitled to accept the contract offered in the order within two weeks. In the event of an order placed electronically, JobRocker shall be entitled to accept this contract offer within three working days of receipt. JobRocker shall be entitled to decline an order without stating a reason.

II. WARRANTY AND DAMAGES

  1. JobRocker shall make every effort to check information received from applicants, but shall accept no liability for its accuracy. The applicants presented to the customer shall be screened by JobRocker based on the data provided by the customer, for which the customer shall be solely liable in terms of accuracy and completeness, and based on the information provided by the applicant. The selection of the applicant from among the candidates presented by JobRocker shall be made by the customer.
     
  2. JobRocker does not guarantee the accuracy or completeness of the information received from candidates nor the quality of the work performed by the candidates selected in the customer's company.
     
  3. Claims for damages asserted against JobRocker in the event of slight negligence shall be excluded in any case. In the event of intent or gross negligence, liability for compensation for consequential damages and financial losses, unrealised savings, loss of interest, and damages from claims by third parties against the customer shall be excluded.
     
  4. JobRocker shall be liable only for its own content on its website. Insofar as access to other websites is made possible via links, JobRocker shall not be responsible for the third-party content contained therein. JobRocker does not accept third-party content as its own. JobRocker undertakes to remove the links to these pages as soon as possible if it becomes aware of any illegal content.

III. APPLICANT PRIVACY / CONFIDENTIALITY

The customer undertakes to keep all information or data concerning applicants disclosed by JobRocker or otherwise made known, confidential and in particular not to disclose it to any third parties without the consent of JobRocker. The customer further undertakes not to refer applicants presented by JobRocker to third parties or otherwise establish contact between these applicants and third parties. The customer acknowledges the causal search and mediation work performed by JobRocker in job placement orders. The customer further undertakes to inform JobRocker immediately upon conclusion of a contract with an applicant presented by JobRocker, whom the customer originally had not selected. In the event of violations of these obligations, a lump sum contract penalty in the amount of € 15,000.00 per infringement is agreed. Further claims for damages and claims by JobRocker arising from this contract shall remain unaffected. If a contract is concluded between the customer and an applicant presented by JobRocker within a period of 18 months from the presentation or disclosure of the data of the applicant to the customer, the customer shall expressly acknowledge the merit of JobRocker for the conclusion of the contract, especially if the customer has rejected the applicant within the scope of the job placed with JobRocker and this applicant is subsequently referred by third parties, or if contact is established between the customer and the applicant him/herself or by third parties in any way whatsoever. This acknowledgement shall also apply to contracts concluded by the applicant with companies in the economic sphere of influence of the customer.

IV. GUARANTEE

    1. Should the employment contract with the candidate selected terminate for any reason whatsoever within a period of 6 months from the start of work, JobRocker shall resume recruitment for the job in its job postings. The customer shall inform JobRocker of the termination of employment immediately, otherwise the guarantee shall expire. JobRocker undertakes to fill the position again with full commitment. However, this shall not constitute any obligation or liability for non-performance.
       
    1. JobRocker shall not charge a separate placement fee for this recruiting, and any advertising costs incurred shall be borne by JobRocker.
       
    1. If there is a change in the job profile on which the advertised job is based in the course of recruitment for a replacement – including within the guarantee period – this shall constitute a new job and shall not be covered by the above guarantee. If a position is filled by the customer itself, no placement fee shall be refunded – even within the guarantee period.
       
    1. A free recruitment based on a guarantee obligation shall be borne by JobRocker only once. The guarantee shall therefore apply only to one additional replacement per recruitment order.

V. DIRECT COSTS

  1. The direct costs incurred in connection with the recruiting efforts, in particular advertising costs, shall be included in the agreed placement fee and shall not be charged to the customer separately.
  2. JobRocker reserves the right to discourage travel expense claims by applicants who are invited for personal interviews with JobRocker and/or the customer, whenever possible. Should JobRocker nevertheless be obliged to pay the cost of travel to the job interview, the customer shall bear these costs.

VI. FEE

  1. Prices per placement

1.1 The all-inclusive fee per placement shall depend on the place of work and shall always be based on the current market situation and the scarcity of the profile sought. After the recruitment order has been accepted, the fee shall be assessed by a JobRocker consultant, and the job search shall be started only after the fee has been explicitly approved and confirmed, and shall be performed without any time limit until the position is filled or the recruitment order is cancelled by the customer.

The prices shall differ as follows:

TALENT

Entry-level positions up to the level of skilled workers with common requirements.

  • Austria & Germany from EUR 6,000 (six thousand euro)
  • Switzerland from CHF 9,000 (nine thousand Swiss francs)

EXPERT

Uncommon experts and executives with complex requirements.

  • Austria & Germany from EUR 12,000 (twelve thousand euro)
  • Switzerland from CHF 18,000 (eighteen thousand Swiss francs)

UNICORN

Particularly unusual profiles with very specific requirements and/or regional scarcity

  • Austria & Germany from EUR 18,000 (eighteen thousand euro)
  • Switzerland from CHF 27,000 (twenty-seven thousand Swiss francs)

The all-inclusive fee is a fixed fee, not negotiable, and payable per position, regardless of the level of experience, salary, age, or other candidate-dependent variables. “Fixed fee” means that except for section V. of these General Terms and Conditions, there shall be no additional costs and therefore all recruiting services shall be included.

1.2. First, JobRocker shall submit a short list of at least two suitable candidates based on the requirements determined in advance with the customer. If the candidates on the short list submitted do not satisfy the expectations of the customer at first, the short list shall be adapted based on customer feedback until it satisfies the customer's requirements and/or the position is filled based on a short list submitted (“adequate short list”).

1.3. Upon receipt of the adequate short list, 50% of the fee shall be due immediately as a lump sum for the recruiting efforts, selection of candidates, and compilation of the short list. The remaining 50% of the fee shall be payable when the position is successfully filled. This means that when a verbal agreement has been reached between the two parties (employer and employee) and/or the employment contract is signed, JobRocker shall charge the final placement fee.

1.4. The fee shall also be payable if the candidate is hired for a position other than the one stated.

1.5. Should several candidates on a short list be hired, a fee shall be due for each candidate recruited.

1.6. If the customer finds and hires a suitable candidate itself during the term of the contract, the following shall apply:
Invoices already submitted cannot be cancelled. No additional costs shall apply.

1.7. If candidates presented by JobRocker are hired within 18 months of receipt of the short list, the previously agreed total fee shall be due and payable. If the fee for the short list has already been paid for this candidate, only the second 50% of the total fee must be paid.

VII. TERM OF PAYMENT

  1. Invoices submitted by JobRocker shall be due for payment within ten days without any deductions.
     
  2. If the term of payment is exceeded, statutory default interest (corporate interest) shall be charged according to § 1333 (2) of the Austrian Civil Code.
     
  3. All fees mentioned by JobRocker are exclusive of VAT.

VIII. TERMINATION

  1. An order may be cancelled by the customer at any time of the search. Invoices that have already been issued cannot be cancelled and invoices that have been paid cannot be refunded. New costs shall not accrue after termination, except for the placement of a candidate presented by JobRocker according to section IV. of these General Terms and Conditions.
     
  2. JobRocker reserves the right to cancel the candidate search if it takes longer than 2 months or if communication is terminated by the customer, and if the previously defined requirements are changed substantially by the customer.

IX. OTHER

  1. The offer made by JobRocker shall be the principal basis for the provision of service. In addition, these General Terms and Conditions shall apply in any case.
     
  2. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic objective comes as close as possible to the invalid provision.

Valid from 04/2018 (until further notice)