Personal Partner

TERMS AND CONDITIONS FOR PERMANENT PLACEMENTS (translation only)

Contract Subject & Order Acceptance

The subject of the contract is the search for manpower for employment or comparison with other manpower at the client. The contract between the client and MPP Management & Personal Partner GmbH (MPP) is concluded by signing the offer by the client or by another conclusive declaration of intent.

MPP will act representatively for the client and will present candidates by means of qualification profiles or CVs, according to the offer and to the unchangeable tasks and requirements description, after receipt of the deposit. Any conditions of purchase and all other terms and conditions of the client that contradict MPPs terms and conditions are expressly excluded. The work order to MPP is not subject to a time limit.

Obligations of the Contract Partners

MPP will search for candidates in databases and internet job boards and, if contractually agreed, in social networks and through direct contacting. In interviews with the preselected candidates, MPP will review their social, technical and methodical skills and then present the favorites. The candidates screening will include a standardized assessment center and personality analysis, if contractually agreed. MPP will not contact employees of the client, and therefore MPP receives the right to use company, brand and product names as well as logos of the client for marketing purposes.

The contract parties undertake to maintain permanent secrecy about all data and information having obtained by the other contract party or applicant, and not to pass on any data or information to a third party.

With the order the client will denominate all applicants to MPP, which are already in their own process, and subsequently he will denominate all applicants weekly, who will subsequently take part in their own search process. Only by this, those applicants can be considered as the clients own candidates. If the client omits this denomination, MPP is entitled to apply the agreed fee when hiring such an applicant, if previously called by MPP. This fee can therefore be calculated by MPP even if an applicant presented by MPP was already known to the client or a related company. In particular, the agreed fee will be also charged by MPP if the client explicitly names applicants with the intention of integrating them into MPP's appraisal process (e.g. target candidate or company list for direct approaching). The client will give feedback on each candidate presented by MPP within 7 days and will do each round of interviews (candidates invitation) within 14 days. The client must destroy or delete all application documents received from MPP and all applicants data collected in the process with the end of the order.

Fee Maturity & Calculation

The fee will become due already with the oral or written offer of the client to an applicant and his oral or written acceptance of this offer, at the latest after conclusion of an employment contract or any other employment, service or project agreement with one or more proposed candidates, to be paid promptly after receipt of the invoice. The same applies if a contract, in whatever form, is made with an affiliate company or with another employer (third party), to whom the applicant has been named by the client.

The client informs MPP of the conclusion of a contract with one or more candidates submitted by MPP within one week after the conclusion of the contract. The performance of more than three hours of work-trials or trial-lessons by the applicant or the triggering of a social security obligation of the client for the applicant is already counted as a contract. If the client fails to provide timely information, MPP is entitled to charge the fee on the basis of the annual or target salary communicated in the job description or in the candidate profile, as well as interests of currently 9.2% p.a.

The fee will be charged pro rata if a contract or agreement with a candidate is completed up to 36 months after the candidates presentation. MPP's fee will be reduced by 25% after 12 months and by 50% after 24 months. A possible direct application of the candidate to the client or a presentation of this candidate by a third party does not affect MPP's fee claim.

Agreed or promised bonuses, commissions and allowances as well as salary increases in the first year of service are always part of the annual or target salary and thus the basis for the fee calculation. A minimum fee of € 5,000.00 is agreed, even if the fee calculation results in a lower value. Part-time positions will always be extrapolated to full-time positions. Temporary service or employment contracts will always be treated as open-ended contracts, i.e. they will be extrapolated to a 12 months contract duration at least. The client provides MPP with a copy of the service or employment contract upon request.

Replacement Obligation

The replacement obligation is defined in the offer and requires the immediate sending of a copy of the notice of the social insurance institution or other written contract termination or notice. If a candidate will not start his job, this will be considered as dismissal in the probationary period, which triggers the replacement commitment. The advice of using the guarantee service must be made within one week at the latest. The replacement obligation will be counted as fulfilled with the clients verbal or written offer to an applicant and his oral or written acceptance of this offer, or with the tenth candidate profile presented by MPP, or with the fifth applicant interview with the client, or with (re)placement from the clients sphere. The conversion of one order into another, or of a placement into a replacement with the same or another job profile is excluded.

In case of a head count freeze, staff reduction or strike in the clients company, if the tasks or requirements profile is changed significantly during the process or work progress (e.g. place of work, working time, task subarea, requirement section, salary component, manager in line, management responsibility) or if the employees fixed annual or target salary is at least 5% below his desired salary (lower limit) as stated in the candidates profile, the replacement obligation will cease.

If a contract is concluded on conditions other than those offered or discussed, or if the proposed candidate will be intended for a deviating job description, directly or indirectly affiliated company, branch office, work, manager, working region, place of work, department, working space, working area or working hours, or if the candidate will be employed, transferred or contracted as a freelancer or entrepreneur, this will not affect MPPs fee claim, but in this case, the claim for replacement guarantee will expire, as it will in case of the applicants death, disability, sickness or waiting period. If more than one of the presented candidates will be employed, also for other positions, a further fee will be charged for each additional applicant in accordance with the corresponding offer without discount.

Order Interruption & Termination

The client may suspend or terminate the search order at any time without stating reasons. MPP may interrupt (e.g. 'adjourn', 'let rest', 'postpone', 'retard', 'set on hold', and the like) or terminate the search order only if the client does not provide timely feedback on candidates or if more than 14 days elapse for a round of interviews, if the client is in default of payment, in case of a head count freeze, staff reduction or strike in the clients company, if the client significantly changes the job or requirement profile during the course of the project (e.g. place of work, working hours, sub-tasks, requirement section, salary component, manager, management or regional responsibility) or if the cause or purpose of the search order is changed or dropped.

The costs incurred up to the point of interruption or termination are charged at a flat rate and amount to 60% of the expected fee for interruption or termination up to the 30th calendar day from the order placement or 75% of the expected fee for interruption or termination from the 31st calendar day from order placement. The expected fee is calculated on the basis of the annual or target salary communicated in the job description or in the candidate profile. In case of doubt, the salary is calculated using the arithmetic mean. A minimum cost flat of € 3,750.00 is considered as agreed, even if the calculation results in a lower value. An interrupted order can be resumed free of charge within 60 days.

Possible Extra Costs

All costs which incurred to applicants in connection with job interviews are to be reimbursed by the client directly at the request of an applicant. If the client wishes to conduct candidate interviews on the premises of MPP, there will be an extra charge of € 55.00 per candidate per hour within 9 am to 5 pm. Outside these office hours, MPP charges an additional € 45.00 per candidate per hour.

MPP charges for those works that are not described in the order, but are additionally instructed in the course of the project (e.g. accompanying interviews, extended testing, preparation of statements, evaluations, lists, presentations or other documents of any kind) € 45.00 per started quarter-hour.

If the order quantity is extended during the course of the project, MPP may charge a further down payment for each additional position, even if the job or requirement profile remains unchanged. If the annual or target salary of the replacing employee is at least 10% higher than that of the replaced employee, MPP is entitled to charge the client a proportionate additional charge on the fee.

In case of the clients delayed payment, MPP is entitled to charge a reminder fee of € 40.00 per payment request and to claim interest on arrears of currently 9.2% p.a. The tardy client is obliged to pay all reminder and collection costs, survey and information costs, in particular reminder fees and collection expenses of an attorney brought in by MPP.

Other

The place of fulfillment and jurisdiction is Vienna. Work outside Austria can be done in association with cooperation partners of MPP. Claims of the client of any kind cannot be asserted. All fees and prices are net, plus VAT, payable promptly without deduction. Payments made will not be refunded.

Information provided by MPP on an applicant is based on the pieces information provided by the applicant or on information provided by third parties. MPP cannot give any guarantee for the correctness and completeness of the given information, even then, if a candidate has submitted certificates or references.

The mailing of invoices can also be done in electronic form, what the client explicitly accepts. Complaints regarding the content of any invoice have to be made no later than one week after receipt of the invoice, later complaints are excluded.

Important Note: Only the original terms & conditions in German language ("AGB für Personalsuchen") are valid.

(state as of 11/01/2018)

TERMS AND CONDITIONS FOR TEMPORARY PLACEMENTS (translation only)

Order Acceptance

MPP Management & Personal Partner GmbH (MPP) will act representatively for the client and will present candidates by means of qualification profiles or CVs, according to the offer and to the unchangeable tasks and requirements description, after receipt of the deposit. Any conditions of purchase and all other terms and conditions of the client that contradict MPPs terms and conditions are expressly excluded. The work order to MPP is not subject to a time limit.

MPP will headhunt clients employees, and therefore receives the right to use the clients company, brand and product names and logos for marketing purposes. The contract partners must keep permanent secrecy about data and information obtained about the other partner, and must not pass on applicants data to third parties. The client must destroy or delete all applicants data and documents received from MPP after the end of the order.

Contract Subject

The subject of temporary placements is the supply of manpower, not the delivery of certain services. The contract between the client and MPP is concluded by signing the offer or the order confirmation by the client or by taking up the employment of a candidate presented by MPP. The execution of the agreed order can be committed to another employee by MPP at any time. The instruction right for the employees remains with MPP. Temporary placement in companies affected by strikes or lockouts is prohibited.

Liability

Each employee is tested for their professional aptitude and ability to carry out the specific customer order. He may therefore only carry out the tasks which correspond to the job description and use or operate only those devices, machines and tools which are necessary and authorized for carrying out these activities. When an employee is placed in a position of trust and has access to money and valuables, a separate agreement must be made in advance. The recruitment services provided by MPP cannot replace the thorough examination of the candidate by the client. In no case MPP is liable for the choice made by the client regarding the employment of a candidate. The client must immediately complain about the lack of service provided by an employee and notify MPP in writing within 24 hours.

Liability is excluded for any damage caused by the employee during his work with the client. Incidentally, we are liable in any case from statutory and contractual liability (in particular in the case of default for more than 3 workdays, breach of contract, impossibility, inability, breach of obligations in contract negotiations or tort) only in case of intentional and grossly negligent causation of the damage. In such case, our liability is limited to the damage foreseeable for us. The client shall indemnify MPP from any claims that third parties may raise in connection with the performance or execution of the activities assigned to our employee.

Regulations

We would like to point out that personnel provided during employment in the client's company is to be considered such as own staff in terms of business liability. In case of an accident at work, MPP must be informed immediately. The client shall ensure that all employee protection regulations applicable at the place of employment of the employee and the provisions of the Working Hours Act are observed and that first aid facilities and measures are guaranteed. Prior to commencement of employment, the client must inform the employee about workplace-specific hazards arising during the activities to be performed, and about the measures for avoidance. As far as there is a legal requirement for occupational health check-ups to be carried out, the client will inform MPP before the start of the assignment.

Agreements

The client cannot make salary, bonus or other agreements with an employee provided by MPP that affect the existing employment relationship. If the client allows the provided employee to participate in a company canteen, kitchen or a comparable feeding option, this will be done at the expense of the client, and MPP cannot take this into account in the invoices or in the payroll. Agreements on holidays, time compensation or other absences with an employee provided by MPP always require the explicit, written and timely consent of MPP to obtain validity. In case of doubt, the records for working hours, absenteeism and days of absence kept by MPP are valid, even if tacit tolerance already exists.

Billing Rates

The agreed billing rates are net, plus VAT. If the collective agreements or corresponding statutory provisions will change, the billing rates will increase proportionately, which is impossible retrospectively. Billing will be made weekly, fortnightly or monthly, invoice amounts are payable after receipt of invoice without deductions, by bank transfer or by cash payment, if requested by MPP. The employee is not authorized to accept payments.

Invoicing

Invoicing is usually done on the basis of the timesheets signed by the client. Overtime, holiday, shift and other collectively agreed surcharges will be charged to the billing rate at the appropriate surcharge rate. If no timesheet is available by the 3rd of the following month, the assigned target working time (normal working time plus overtime) is used as the calculation basis. If a flat rate (e.g. per month, week, day or half day) is agreed, any absences of the employee (e.g. illness, doctor's visits, official visits, vacation, company leave, exemption, etc.) will be charged as normal working hours, so there will be no reduction or aliquotation of the flat rate. Leased employees are excluded from short-time work, therefore, the agreed target working time is calculated even for permanently or temporarily reduced employment. If further customary surcharges or allowances (e.g. premiums, bonuses, etc.) have to be paid to employees during the execution of the work taken over, they will be charged to the client plus the usual calculation surcharge and a handling fee of € 50.00.

The use of employees for activities in a higher employment group than initially agreed obliges the client to pay correspondingly higher billing rates to MPP. If the employee is employed by the client for activities in a lower employment group than agreed upon, this does not reduce the charge rate of MPP. For leases of three months or more, a surcharge will be added to the billing rate or flat rate in the amount of the current inflation rate; this price adjustment will be made on a quarterly basis. In the case of currency conversion or reform during a transfer, a premium will be added to the rate of purchase protection, which may be based on published indicators (e.g., Economist's Big Mac Index)..

Termination

If no other period of notice is agreed in the offer, in the order or in the application confirmation, then the legal notice period of six (6) weeks applies to employees. The period of notice will also be charged if the employee has been released, suspended or taken over by the client in the meantime. The leasing period is calculated exclusively on the basis of the individual employment days of the employee at the workplace of the client, so it is interrupted by his absence (illness, doctor's visit, official path, vacation, company leave, force majeure, strike, etc.), which extends above all a possibly agreed takeover period accordingly. At the end of the assignment of an employee of MPP, an invoice is made immediately. Complaints must be made no later than one week after receipt of the invoice, later complaints are excluded. The maturity of the total amount remains unaffected. Basic fees paid will not be refunded.

Recruitment & Permanent Staffing

Each candidate or employee is free to establish no employment relationship with MPP or to terminate an existing employment relationship.

If the client or a company legally or economically linked to him establishes an employment or other contractual relationship with a candidate recommended by MPP without a preceded temporary placement, within 36 months from the date of presentation or interview, the parties agree that this employment relationship is arranged by MPP. Accordingly, in such a case the client undertakes to pay a placement fee. This amounts to 25% of the calculative annual income (fixed amount plus commissions, bonuses and allowances), with a minimum income of € 20,000 having been agreed also for part-time workers. MPP's fee will be reduced by 25% after 12 months and by 50% after 24 months. A possible direct application of the candidate to the client or a presentation of this candidate by a third party does not affect MPP's fee claim.

If the client or a company legally or economically linked to him establishes an employment or other contractual relationship with a leased employee within 12 months from the start date of the lease, the client will compensate MPP the accrued recruitment costs with a lump payment of € 5,000. This lump sum will be reduced by 1/12 for each full month of lease; However, it will not be reduced if the client does not hire the employee directly but instead gets his workforce through another company, in whatever form.

The fee or lump sum will become due with the conclusion of a contract between employee and client or between employee and third party or between client and third party. The client provides MPP with a copy of the service or employment contract upon request.

Order Interruption & Termination

The client may suspend or terminate the search order at any time without stating reasons. MPP may interrupt (e.g. 'adjourn', 'let rest', 'postpone', 'retard', set on hold', and the like) or terminate the search order only if the client does not provide timely feedback on candidates or if more than 14 days elapse for a round of interviews (candidates invitation), if the client is in default of payment, in case of a head count freeze, staff reduction or strike in the clients company, if the client significantly changes the job or requirement profile during the course of the project (e.g. place of work, working hours, sub-tasks, requirement section, salary component, manager, management or regional responsibility) or if the cause or purpose of the search order is changed or dropped.

The costs incurred up to the point of interruption or termination are charged at a flat rate and amount to 60% of the expected fee for interruption or termination up to the 30th calendar day from the order placement or 75% of the expected fee for interruption or termination from the 31st calendar day from order placement. The expected fee is calculated on the basis of the annual or target salary communicated in the job description or in the candidate profile. In case of doubt, the salary is calculated using the arithmetic mean. A minimum cost flat of € 3,750.00 is considered as agreed, even if the calculation results in a lower value. An interrupted order can be resumed free of charge within 60 days.

Possible Extra Costs

All costs which incurred to applicants in connection with job interviews are to be reimbursed by the client directly at the request of an applicant. If the client wishes to conduct candidate interviews on the premises of MPP, there will be an extra charge of € 55.00 per candidate per hour within 9 am to 5 pm. Outside these office hours, MPP charges an additional € 45.00 per candidate per hour.

MPP charges for those works that are not described in the order, but are additionally instructed in the course of the project (e.g. accompanying interviews, extended testing, preparation of statements, evaluations, lists, presentations or other documents of any kind) € 45.00 per started quarter-hour.

If the order quantity is extended during the course of the project, MPP may charge a further down payment for each additional position, even if the job or requirement profile remains unchanged. If the annual or target salary of the replacing employee is at least 10% higher than that of the replaced employee, MPP is entitled to charge the client a proportionate additional charge on the fee.

In case of the clients delayed payment, MPP is entitled to charge a reminder fee of € 40.00 per payment request and to claim interest on arrears of currently 9.2% p.a. The tardy client is obliged to pay all reminder and collection costs, survey and information costs, in particular reminder fees and collection expenses of an attorney brought in by MPP.

Other

The place of fulfillment and jurisdiction is Vienna. Work outside Austria can be done in association with cooperation partners of MPP. Claims of the client of any kind cannot be asserted. All fees and prices are net, plus VAT, payable promptly without deduction. Payments made will not be refunded.

Information provided by MPP on an applicant is based on the pieces information provided by the applicant or on information provided by third parties. MPP cannot give any guarantee for the correctness and completeness of the given information, even then, if a candidate has submitted certificates or references.

The mailing of invoices can also be done in electronic form, what the client explicitly accepts. Complaints regarding the content of any invoice have to be made no later than one week after receipt of the invoice, later complaints are excluded.

Important Note: Only the original terms & conditions in German language ("AGB für Personalbereitstellungen") are valid.

(state as of 11/01/2018)