Terms and Conditions
General Terms and Conditions (AGB) of Magec Work FlexCo
for the commissioning of personnel placement by employers
As of: September 26, 2024
1. General
(1) The following General Terms and Conditions (AGB) apply to all contracts for personnel placement between Magec Work FlexCo, Schererstraße 111/3, 1210 Vienna (hereinafter referred to as “Company”), and the employer (hereinafter referred to as “Client”).
(2) Deviating AGB of the Client will not become part of the contract unless the Company expressly agrees to their validity in writing.
2. Subject of the contract
(1) The Company undertakes to search for and place suitable candidates for filling open positions at the Client within the framework of a service contract.
(2) The Company is responsible for the preliminary selection of applicants based on the requirements specified by the Client and provides the best suitable candidates to the Client.
3. Compensation and Due Date
(1) The Client agrees to pay the Company a fee equal to the net monthly salary of the placed candidate plus the applicable statutory VAT of currently 20% in the event of a successful placement. The calculation basis is the first net salary received by the candidate from the Client. The initial personnel placement for the Client is free of charge.
(2) The fee is due 14 days after the employment contract between the Client and the placed candidate is concluded. The Client must provide the Company with a copy of the employment contract or confirmation of the net salary.
(3) If the employment relationship ends within three months without the Company being responsible, the fee remains due.
(4) In the event of payment delay, the Company is entitled to charge interest at 5% above the base interest rate per year.
(5) If the Client provides the candidate with a company apartment during the employment period, the placement fee to the Company is reduced by 50%.
4. Duties of the Company
(1) The Company commits to presenting the Client only with candidates who meet the Client’s requirements.
(2) The Company treats all information received from the Client as confidential.
(3) The Company does not provide any guarantee regarding the suitability or performance of the placed candidate but ensures a careful preliminary selection.
5. Duties of the Client
(1) The Client agrees to provide the Company with all necessary information about the positions to be filled and the desired qualifications.
(2) The Client is obligated to promptly inform the Company of a successful hire of a candidate.
6. Duration of the contract and termination
(1) The contract for personnel placement comes into effect upon signature and remains valid until a candidate is successfully placed or until terminated by ordinary cancellation.
(2) Both parties may terminate the contract with four weeks’ written notice. Claims for compensation for services already rendered remain unaffected.
7. Liability
(1) The Company is only liable for damages caused by intentional or grossly negligent conduct. Liability for lost profits or indirect damages is excluded.
(2) The Company’s liability is limited to the amount of the agreed fee.
8. Prohibition of Circumvention
(1) The Client agrees not to take any action to circumvent the Company and to hire the placed candidate directly or indirectly without payment of the placement fee.
(2) If the Client hires a candidate within 12 months of their introduction, this will be considered circumvention, and the full placement fee will be due.
(3) In the event of a breach of this provision, the Company is entitled to demand a contractual penalty of EUR 12,000.
9. Confidentiality
(1) All information about candidates that the Client receives from the Company must be treated as strictly confidential and may only be used for personnel placement purposes.
(2) This confidentiality obligation also applies after the termination of the collaboration for a period of 24 months.
10. Data Protection
(1) The Company commits to handling all personal data in accordance with applicable data protection laws, particularly the GDPR.
(2) The Client agrees to fulfill all data protection requirements and is liable for any violations that result in damages to the Company.
11. Penalty for Circumvention
(1) In the event of a violation of the prohibition of circumvention as per § 8, the Client agrees to pay a contractual penalty of EUR 12,000. This penalty is in addition to the agreed placement fee.
(2) The assertion of further claims remains unaffected.
12. Fulfillment and Non-fulfillment
(1) The Company is obligated to provide the placement service to the best of its knowledge and belief but does not guarantee the success of the placement.
(2) In case of non-fulfillment of the contract by the Client, particularly in the event of non-payment of the fee, the Company is entitled to terminate the contract immediately and demand damages.
13. Jurisdiction and Applicable Law
(1) The jurisdiction for all disputes arising from these AGB is Vienna.
(2) Only Austrian law applies, excluding international referral norms.
14. Final Provisions
(1) Changes or amendments to these AGB must be made in writing.
(2) If individual provisions of these AGB are invalid, the remaining provisions remain unaffected. The statutory regulation applies in place of the invalid provision.
(3) These AGB come into effect upon publication and apply to all personnel placement contracts between the Company and the Client.