General Terms &
Conditions
Learn more about our general terms and conditions. For upcoming questions please contact office@tailoryoung.com
General
​
-
All business transactions are exclusively based on the following principles and conditions for cooperation. For the sake of readability, gender-neutral notation is used throughout. If terms such as "his", "her" or "him" are used in the following, the female form is naturally also included. Should deviating or supplementary terms and conditions be agreed upon, they shall require the express written consent of T.Y.P. Consulting GmbH. in order to be valid. The information contained in brochures or other materials provided by T.Y.P. Consulting GmbH shall not be deemed to be binding guarantees of services.
-
General Terms and Conditions of the Contractual Partners of T.Y.P. Consulting GmbH, even if they are attached to requests for quotations, purchase orders, declarations of acceptance or similar, and these do not contradict those of T.Y.P. Consulting GmbH, are not the subject matter of this Agreement.
-
The business area of T.Y.P. Consulting GmbH includes the search for personnel, contacting candidates and, insofar as agreed, the creation of a phone log as well as a short profile of the candidates. This includes transporting job-relevant data from the candidate to the client of T.Y.P. Consulting GmbH. In addition, private information about the candidate shall be neither processed nor stored by T.Y.P. Consulting GmbH.
The following Part A exclusively regulates commissioning in the field of personnel search and contains general provisions that apply to every assignment of T.Y.P Consulting GmbH, regardless of its content. Part B contains the general provisions that apply to any type of commissioning of partner companies in cooperation with T.Y.P Consulting GmbH, regardless of its content.
PART A - RECRUITING​
​
-
Start of cooperation​
-
Every cooperation starts with an offer and a briefing with the Client.
-
-
T.Y.P. Consulting GmbH shall submit an offer to the Client before the start of a cooperation. Any schedule included in the offer is based on empirical values derived from the experience of T.Y.P. Consulting GmbH. The actual time required for the search and selection may deviate from this. T.Y.P. Consulting GmbH can therefore assume no liability for a specific period for search and selection. Likewise, there is no strict liability for success – of any kind whatsoever – on the part of T.Y.P.. Consulting GmbH (see also section 8 below).
-
All offers by T.Y.P. Consulting GmbH are subject to change and non-binding, unless expressly stated otherwise in the respective offer. The Client (to be) shall not make the offer provided to it accessible to third parties, neither in whole nor in part, nor in an edited version.
-
The Client may place the order both orally and in writing. In general, any commissioning of T.Y.P. Consulting GmbH, in whatever form, is deemed to be acceptance of the entire offer pursuant to lit. b) above.
​
2. Active Search
​
-
The active search starts when the order is placed according to section 1. In order for the search process to be optimal, it is absolutely necessary that the Client should provide T.Y.P Consulting GmbH with all the information about its company and the vacant position that is required to complete the vacancy and the requirement profile of the company. Insofar as possible, discussions are to be held with the people connected with the position to be filled.
The Client will thus ensure that all the services required for the fulfillment of the commissioning of T.Y.P. Consulting GmbH are provided in due time and to the required extent. If the Client fails to cooperate as required, T.Y.P. Consulting GmbH shall be entitled to terminate the contractual relationship for good cause, with immediate effect. In connection with the entitlement to a fee in particular, the provisions of section 3 (d) apply.
-
In favor of a professional approach and in order to avoid counterproductive multiple contacts with potential candidates, the Client shall place an exclusive sole order with T.Y.P Consulting GmbH. Therefore, the Client shall not place an order with any other person from the business branch of T.Y.P. Consulting GmbH for a personnel search and selection for the same position. If the Client violates this exclusive commissioning, T.Y.P.. Consulting GmbH shall be entitled to terminate the order prematurely for good cause. In connection with the entitlement to a fee in particular, the provisions of section 3 (d) apply.
-
In principle, T.Y.P Consulting GmbH shall provide all the services itself. However, partial services may also be contracted out to third parties. The decision as to which employees are to be deployed in the execution of the contract lies exclusively with T.Y.P Consulting GmbH.
​
3. Completion of the service
​
-
After the search and selection process has been completed, the candidates suitable for the vacancy to be filled shall be presented to the Client by means of a detailed candidate profile. The documents provided by T.Y.P Consulting GmbH are subject to secrecy in accordance with section 7.
-
The service ends with the delivery of the data and/or when the candidate is contacted. Candidate profiles that have been stored (with the candidate’s consent) and may be relevant for upcoming vacancies in the near future may remain stored by the Client for this purpose, as long as they are relevant or until the candidate revokes their consent to such. Candidates may also be considered for other positions, so this is in their best interest.
-
The Client may cancel the placed order at any time by means of written notice to T.Y.P. Consulting GmbH. In the event of a project termination on the part of the Client, for whatever reason, the full amount of the fee for identifying the candidates will be charged in any case, unless otherwise stipulated in the offer. An exception to this are the costs of contacting candidates, provided that no order has yet been placed by the Client to contact the identified candidates. If the order for contacting the candidate has been placed, this will also be charged in full.
-
T.Y.P. Consulting GmbH shall be free to withdraw from the order in writing for just cause relating to the Client personally or to the Client’s company, as well as due to a breach of good faith on the part of the Client or due to a breach of the "Principles and Conditions for Cooperation". With regard to the entitlement to a fee of T.Y.P Consulting GmbH, the same shall apply in this case as stated under c) regarding premature termination by the Client.
4. Subsequent or multiple hiring
-
Although T.Y.P. Consulting GmbH, pursuant to sec. 8., does not owe a specific success, but only the presentation and delivery of suitable candidates, should the position not be filled with a candidate, we undertake to provide at least one follow-up search for the same position based on the same or slightly modified criteria. This right is contractually guaranteed to the Client and can be obtained on our advice or at the request of the Client. Subsequent hiring may take place at any time by approaching candidates from the list or the telephone log, provided the candidates agree to further storage, without generating additional costs. An exception to this is if the Client wishes us to contact them again.
-
Likewise, the Client is free to hire several candidates for a position from one search round for the same or similar positions, without incurring additional costs. The paid main service of T.Y.P.. Consulting GmbH is to supply suitable candidates for a specific position. Whether and how many of these candidates are employed by the Client and for what purpose is the sole responsibility of the Client and has no effect on the fee according to section 5.
​
5. Fees and reimbursement of expenses
​
-
The fee owed to T.Y.P. Consulting GmbH is payable regardless of the outcome of the search 14 days after receipt of the invoice and is clearly stated in the offer on which the order is based. The fee is divided into the cost of identifying candidates and the cost of contacting them. The identification fee forms a fixed part of each order and is therefore always due, the contacting fee will be charged additionally at the request of the Client.
-
Invoicing is always carried out after the Client has expressly placed an order with T.Y.P. Consulting GmbH.
-
The fee pursuant to section 3 (c) shall remain unaffected by the naming of candidates by the Client or the internal filling of positions requested by the company.
​
6. Customer protection
​
-
T.Y.P. Consulting GmbH undertakes to not actively contact successfully mediated candidates for the purpose of mediation to other Clients within a period of two years from the agreement on the substance of their work activities. Insofar as mediated candidates contact T.Y.P. Consulting GmbH of their own volition within the stated period of time, T.Y.P. Consulting GmbH may include them in selection procedures.
-
T.Y.P. Consulting GmbH shall refrain from actively contacting other employees for the purpose of referrals to other Clients for a period of 3 months from the last order placement (the cut-off date is the receipt of the order placement by T.Y.P. Consulting GmbH), as long as the Client relationship is maintained in the Client's company. It is understood that such Client protection does not apply to partial assignments in the search and selection of personnel (e.g. pure screening). Likewise, such Client protection does not apply if the contractual relationship is either prematurely canceled on the part of the Client, for whatever reason, or is terminated prematurely for good cause by T.Y.P. Consulting GmbH.
PART B – General provisions of any kind of commissioning of T.Y.P Consulting GmbH services
​
7. Discretion
​
T.Y.P. Consulting GmbH undertakes to treat all documents and information provided by the Client as confidential. In return, the Client also undertakes not to disclose any information about the presented candidates to third parties.
T.Y.P Consulting GmbH and the Client shall therefore maintain secrecy for an unlimited period of time on all information and documents that come to their knowledge or to which they gain access in the course of processing the order and shall not make them accessible to third parties. This applies in particular to the project documentation prepared by T.Y.P. Consulting GmbH according to section 3 (a). Third parties within the meaning of this provision shall also include companies affiliated with the Contracting Parties pursuant to section 15 of the Austrian Stock Corporation Act or Section 115 of the Austrian Limited Liability Companies Act. Third parties are therefore in particular parent companies, subsidiaries and sister companies.
​
T.Y.P. Consulting GmbH as well as its employees are further obliged to maintain data secrecy in accordance with the Data Protection Act.
​
8. Liability for damages
​
Once T.Y.P. Consulting GmbH does not owe a certain success in the context of personnel search and selection, but exclusively the presentation of suitable candidates, it is not liable for a certain result which the Client expects from the consulting services. Therefore, they are not liable for damages caused by slight or gross negligence, nor for damages caused intentionally at the Client's company by candidates presented by them.
T.Y.P Consulting GmbH can furthermore assume no liability with regard to the correctness and completeness of the information and references obtained from third parties about the presented candidates. For all else, the following provisions shall apply:
​
T.Y.P. Consulting GmbH shall be liable for damages within the scope of the statutory provisions if intent or gross negligence has been proven. Liability for slight negligence, for indirect damages, lost profits and/or consequential damages is expressly excluded. Likewise, any liability on the part of T.Y.P.. Consulting GmbH for a specific success, regardless of the order content, is fully excluded.
T.Y.P Consulting GmbH shall not be held liable for any delays in performance that are attributable to information or documents transmitted by the Client being incomplete, subsequently modified or not being transmitted in a timely manner.
Insofar as liability is excluded or limited under these conditions, this also applies to the personal liability of the organs of T.Y.P. Consulting GmbH as well as the employees, representatives and subcontractors of T.Y.P. Consulting GmbH.
​
Claims for damages shall become statute-barred in accordance with the statutory provisions, however at the latest one year from the provision of the relevant service.
T.Y.P Consulting GmbH warrants that its activities in the field of personnel development are limited to the area of management consulting. It is therefore well understood that services in personnel development – especially coaching – cannot substitute any medical treatment or psychotherapy.
​
Coaching is event-based learning and all consulting T.Y.P Consulting GmbH services therefore require the person in question to be healthy.
​
We expressly point out to our Clients that all personal data exchanged between T.Y.P.. Consulting GmbH and the Client or otherwise processed are to be treated in accordance with the provisions of the applicable data protection law.
​
9. Place of jurisdiction/applicable law
​
Both Contracting Parties shall endeavor to resolve any disputed issues by mutual agreement. If this is not possible, the exclusive place of jurisdiction for all disputes arising from and in connection with this Agreement shall be the competent court in Graz (8010). The possibility of suing the defendant at its place of business thereby remains unaffected.
​
Austrian law shall apply exclusively, to the exclusion of the conflict-of-laws rules.
​
10. Prohibition of offsetting
​
The Client is not entitled to set off any of his own claims against the claims of T.Y.P Consulting GmbH.
​
11. Final provisions
​
It is understood that any agreement between the Client and T.Y.P.Consulting GmbH must be in writing in order to be effective. This written form requirement may only be waived by written agreement.
​
Should provisions of this Agreement be or become invalid, or should a loophole be found in this Agreement, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced or the loophole filled by an appropriate provision that comes as close as possible to that which the Contracting Parties would presumably have wanted in terms of the spirit and purpose of this Agreement.
​
These General Terms and Conditions are effective as of May 25, 2018.
​
Contact:
​
T.Y.P. Consulting GmbH
Kalvariengürtel 67
8020 Graz
AUSTRIA
​
​