General Terms and Conditions of Iventa Group Holding GmbH, Iventa:M4J Personalwerbung GmbH, Iventa International Management Consulting GmbH, Iventa Germany Management Consulting GmbH.
General Terms and Conditions – Scope of Applicability
These general terms and conditions (hereinafter referred to as GTC) shall apply to the entire business connections between the client (hereinafter referred to as the principal), Iventa Group Holding GmbH, Iventa:M4J Personalwerbung GmbH, Iventa International Management Consulting GmbH, Iventa Germany Management Consulting GmbH. (all referred to hereinafter in short as Iventa). The provisions set out in agreements negotiated in writing with the client shall be deemed to have priority. Oral arrangements and information must be confirmed in writing to be valid.
Advertising Assignments, Human Resources Marketing, Employer Branding
By order and for the account of the client, Iventa places personnel classified advertisements and other advertisement material in those media arranged with the client for each order. The medium’s advertising tariff shall apply in each case. It shall be the client’s responsibility to inform himself of the total costs in each case. Iventa shall be entitled to refuse assignments without stating reasons therefor. Iventa reserves the right to refrain from implementing orders at any time, without stating reasons therefor, in particular in cases of default on the part of the principal and legal difficulties, even in cases of conclusion for a year or a statement on repeated appearance of advertisements. Iventa reserves the right to make its acceptance of orders contingent upon advance payment, if necessary. Should performance of service be impossible for periodically related reasons not attributable to Iventa (e.g. bankruptcy, liquidation, etc. of the medium), the principal shall not be entitled to claim pro rate repayment of fees already paid lump sum for the entire contractual term. In such case, the principal must assert his claims directly against those persons or companies having caused the impossibility of performing the service.
Should the principal wish the advertisement materials like ads to be placed using his own printed matter, he must provide it within sufficient time in the transmission form required for each medium or distributor or producer. Iventa shall not be liable for the correctness of printed matter provided on paper or electronically. Iventa shall not be liable for print quality, especially slight colour deviations from an original colour sample. Iventa shall not be obligated to preserve printed matter. Test proofs will only be supplied to the principal upon his express request. Approval of test proofs for printing shall be deemed given if the test proofs are not returned within sufficient time. Costs incurred through substantially altering the originally arranged design of an advertisement or other advertising material and the printed matter provided either on paper or electronically shall be invoiced to the principal. If an advertisement is designed according to layout and/or should the prescribed type size be maintained and the advertisement size not be sufficient, the entire printed size must be paid for.
Iventa shall not be liable for the correctness of the publishing advertisement texts or other advertising material. The principal shall be responsible for ensuring that the advertisement (including all graphics) does not infringe any statutory provisions and are free from third-party rights. Should Iventa be made liable on grounds of such legal or contractual infringement caused by the principal, the principal shall be obligated to indemnify Iventa therefore. This shall apply in particular to damage incurred by Iventa due to infringements of competition and/or copyright and personality rights, in particular for all subsequent damage such as the costs of placing counterstatements which the court orders Iventa to publish, administration-authority and court penalties, compensation under media laws, claims for damages of whatever kind from publications of rulings or notifications in accordance with the Mass Media Act, including all court costs and attorney’s fees.
As a general rule, retraction and/or modification of orders shall only be possible with the consent of the medium concerned. Costs incurred thereby shall be passed on and billed to the principal. The principal must confirm cancellations and/or modifications without delay and in writing.
If advertisement orders or modifications for ads or other advertising material are given by telephone, Iventa shall not be liable for any errors in hearing such notifications. Iventa shall not be liable for any damage incurred by the principal due to the non-appearance of an advertisement on a specific day and/or printing and typographical errors.
The principal is in accord with the manner of spelling and vocabulary use of the medium in each case. Iventa shall be entitled to use abbreviations which do not alter the sense of the advertisement.
Placement wishes shall only be binding if a placement surcharge is paid. Placement wishes within a rubric cannot be taken into consideration with word advertisements.
Preclusion of competition on a page or the opposite page will be observed to the extent possible, however, the principal shall not be entitled to demand such
consideration. Complaints must be asserted in writing within a period of eight days following the appearance of an advertisement; otherwise, guarantee shall be precluded. The principal shall not be entitled to demand the placement of a replacement advertisement.
Furthermore, Iventa shall only be liable for errors made intentionally or through gross negligence, and only to the amount of the particular order’s cost.
Copy right and usage rights of presented concepts (idea, layout, headline, content, scribbles) remain at Iventa.
Executive Search, Human Resources Development
The scope of Iventa’s performance shall be set out in the written offer and/or confirmation of order for the particular order concerned. The principal shall be entitled to all consultation services fixed in the written offer or written confirmation of order and, furthermore, to amplify to a continuing order.
The costs and/or fee for the search and/or selection of personnel shall be determined according to the type and scope of performance of the order, whereby the costs and/or fee shall be defined in writing in the offer and/or confirmation of order. As a rule, offers shall be binding for a period of one month.
Travel costs incurred by applicants and Iventa personnel consultants as well as other outlays (hospitality costs, etc.) and any ad-placement costs shall be additionally invoiced. The valid sentences according to the Fed. Law Gaz. No. 483/1993 (foreign countries) and/or the collective bargaining agreement for salaried employees in general trade (domestic) and/or mileage, accommodation costs and other travel/hospitality and sojourn expenses according to the receipts in each case shall apply. Ad-placement costs for the medium selected in each case shall be calculated according to the placement tariff schedule applicable in each instance.
Iventa shall provide a success guarantee of three months in the area of personnel search and selection. Should the employment relationship be terminated within this time, Iventa shall undertake to refill the vacancy without charging a new fee. Only ad-placement costs which may be incurred shall be invoiced. Corresponding subsequent billing shall be made upon substantial change to the job profile or annual gross salary. The guarantee shall apply once only per order and vacancy. Any and all deviations from the guarantee can be seen in the offer.
Personnel dossiers which Iventa provides to the principal shall remain Iventa’s property. Applicant dossiers are to be treated confidentially, returned to Iventa if not used and may not be passed on to third parties. Should an applicant presented by Iventa be employed within a period of 24 months starting with the presentation by the principal himself or an enterprise over which he has influence or as a freelance employee, Iventa shall be entitled to the fee negotiated according to the confirmation of order.
Iventa’s personnel search and selection shall in no case replace comprehensive evaluation of the candidate by the principal. By signing a work contract with a candidate recommended by Iventa, the principal shall assume all responsibility for his choice. Iventa shall accept no responsibility both as regards the candidate’s statements and with respect to the execution of work assigned to him in his new employment relationship.
Iventa shall undertake to handle confidentially all data provided by the principal and the results of consultation, and to bind its employees to corresponding confidentiality obligations. Advisory opinions and information on applicants are intended for the principal only; forwarding such to third parties is impermissible.
Invoices issued by Iventa shall be payable immediately upon receipt. All transfers shall be at the principal’s risk and shall be made such that the invoice sum is credited to an account named by Iventa by no later than eight days following receipt of invoice. All bank charges shall be borne by the principal without exception. In cases of default, default interest in the amount of 8 % per year, due immediately, shall be billed for the entire duration of default. In particular, current or further orders from the debtor in arrears may be laid aside until the sums due have been paid. In case of arrears, the principal shall be obligated to pay all costs of dunning, expenses and cash outlays of whatever type incurred by Iventa for following up claims. Furthermore, apart from any and all costs determined by a court, the principal must effect restitution of all pre-litigation costs of an attorney [and/or] collection agency as well as, however, the collection costs of the Kreditschutzverband von 1870 in accordance with the ordinance decreed by the Federal Ministry of Commercial Affairs on the fees of collection institutions, Fed. Law Gaz. No. 141/1996 in particular. Payments received shall initially be accounted against interest and charges and finally to invoiced sums. Objections to invoices must be made in writing and will only be acknowledged within a period of eight days from date of invoice. Changes in advertising prices shall also be effective immediately for continuing orders. In case of a foreign entrepreneur applying reverse charge, the latter shall undertake to include this turnover within the framework of a VAT pre-registration and report it to the Revenue Office. Ineffectiveness of individual provisions set out in these general terms and conditions shall not alter the effectiveness and binding nature of the remaining provisions. Such ineffective provision is to be replaced by an effective one which comes closest in sense and purpose to the ineffective one. The contractual partners shall be obligated to bind any and all legal successors over to the present provisions. Austrian law shall apply. Place of fulfilment is Vienna. The local court competent in rem in Vienna shall expressly be agreed to have jurisdiction on any and all disputes arising in connection with the contractual relationship.
Effective date: Vienna, November 2012