For business transactions
The prices listed are net, excluding VAT.
2. Payment conditions
All bills must be paid promptly and in full. The same conditions apply to external costs and advance payments such as advertisement or travel costs.
3. Delayed payment
In case of payment delays the lawful default interest rates apply. All arising costs for monition and prosecution, particularly costs for a collection agency, are taken into account separately.
In business transactions, liability is accepted only in cases of wilful misconduct or gross negligence.
5. Assertion of claims
Claims of any kind cannot be offset against any other claims.
6. Cancellation terms
The down payment due at the date of commission expires in any case of retreat by the commissioner. If cancellation takes place up to two weeks before the beginning of the project, 50% of the commission sum, after that 100% of the commission sum is due. The reference date is the first appointment of the project in question. Cancellation fees are not subject to judiciary mitigation.
7. Personnel Search & Selection: General Conditions
If the candidate presentation does not take place within an adequate timeframe (max. 1-2 weeks after sending of the Short List) due to reasons caused by the customer, and adequate candidates have therefore oriented themselves differently, a new search process necessary for these reasons is charged with a further third part of the order value in addition.
If the position resp. requirement profile is changed in its essential content in the course of the process, a new search order must be placed.
If the signing of contract after successful candidate presentation and basic decision for an applicant should be delayed by the customer by more than four weeks, and for this reason the candidate no longer be available, the position is still regarded as filled, and the last partial payment is due.
In the case that more than one of the presented candidates is accepted, additional 2/3 of the total fee are calculated per accepted and contracted candidate. In this case the guarantee is only valid when the requirements profile of the position to be allocated exactly matches the search profile of the position originally stated in the contract.
If the customer wishes a candidate presentation outside of the home country of the applicant, and flight and hotel reservations are to be made, it is regarded as agreed that this is organized by the customer. In the case that the customer contracts HILL International for the organization of customer presentation outside of the home country of the applicant, a fee of EUR 600,- will be charged. This requires a separate, written agreement.
It is seen as agreed that HILL International is exclusively contracted with the search order.
All candidates that apply directly to the customer are included in the search & selection process. The customer will forward the application documents to HILL International.
8. Personnel Search & Selection: Safeguarding provisions
All results of the selection process remain the property of HILL International. Documents of application are to be handled with strictest confidentiality. They must be returned to HILL International in case of non-use and may under no circumstances be passed on to third parties.
If a candidate presented by HILL International is employed in the next 12 months directly by the client, by an associated business or as a freelancer, HILL International is entitled to the agreed fee. Such circumstances must be given notice immediately in a written form.
9. Personnel Search & Selection: Guarantee
The HILL International guarantee is good for a one-time cost-free refilling of the originally commissioned post if a contract is dissolved by the employee during the first six months. If the employee recommended by HILL International leaves the client during the first six months after signing the contract, the search and selection procedure is repeated once for free. This freedom of charge does not apply to external costs such as advertisements or travel fees. In case a guarantee case occurs notification to HILL International is to be arranged within four weeks and demand on guarantee has to be made within further four weeks. After this period the warranty claim is expired.
If as a result of reasons belonging to the sphere of the client, particularly because of
> a structural change in the client's company,
> an internal filling of the position advertised through HILL International,
> unclear internal decision competences in the client's company,
the position cannot be successfully filled or the contract is dissolved during the first six months, the contract with HILL International is regarded as fulfilled and the client is liable to HILL International for its fulfilment, i.e. the client carries the risk. In such cases the HILL International guarantee explicitly does not apply.
HILL International assumes no guarantee or liability for information contained in documents which were provided by applicants (including available documents, certificates, references, etc.). This includes especially the correctness, up-to-dateness, sufficiency/completeness, quality and/or usability of this information.
10. Communication and data protection
The client agrees to enter his contact information into the customer database of HILL International and receiving facsimile and e-mails with marketing and advertising information of similar products and services of HILL International. This permission can be revoked at any time.
All information and data provided by the client within the scope of the contract are kept in confidence according to Austrian data protection law and will not be made available to third parties.
11. Court of jurisdiction
The court of jurisdiction is the Wiesbaden court of competent jurisdiction if nothing else is defined for compelling judiciary reasons; German law applies.
Any arrangements differing from these conditions must be explicitly confirmed in written form by HILL International to attain validity.
Wiesbaden, October 2008
HILL International GmbH