General Terms and Applicability

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These general terms and conditions (hereinafter referred to as "GTC") exclusively govern all business transactions. For readability, gender-neutral language is used throughout. Therefore, terms such as "Client," "Applicant," or "Candidate" also refer to the female form.

 

Should different or additional terms be agreed upon, their effectiveness requires explicit written consent from T.Y.P. Consulting GmbH. Information provided in brochures or other documents by T.Y.P. Consulting GmbH is not considered binding. T.Y.P. Consulting GmbH only provides its services to Clients who are entrepreneurs within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG).

 

The general terms and conditions of T.Y.P. Consulting GmbH’s contractual partners are not part of the contract, even if they are attached to invitations, orders, acceptances, or similar documents and are not expressly rejected by T.Y.P. Consulting GmbH. If, in an individual case, the applicability of different agreements is approved in writing, they apply exclusively to that specific business case.

 

The business area of T.Y.P. Consulting GmbH includes personnel search, candidate outreach, and, with consent, creating a telephone transcript and a brief candidate profile. This includes transferring job-relevant data from the candidate to T.Y.P. Consulting GmbH's Client. T.Y.P. Consulting GmbH neither processes nor stores private information about the candidate.

 

1. Start of Cooperation

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a. Each cooperation begins with an offer and a briefing with the Client (hereinafter also referred to briefly as "Order Assignment").

 

b. T.Y.P. Consulting GmbH provides an offer to the Client before the start of a cooperation. Any timeline included in the offer is based on T.Y.P. Consulting GmbH's experience, and the actual time required for search and selection may differ. T.Y.P. Consulting GmbH assumes no liability for any specific time duration for the search and selection. Similarly, T.Y.P. Consulting GmbH does not assume any success liability of any kind.

 

c. All offers from T.Y.P. Consulting GmbH are non-binding and without obligation unless expressly stated otherwise in the respective offer. The Client shall not disclose the offer, in whole or in part, in any form or edited version, to third parties.

 

d. The Client may assign the order verbally or in writing. Any form of an assignment to T.Y.P. Consulting GmbH is considered an acceptance of the entire offer. If the assignment differs from T.Y.P. Consulting GmbH's offer, the deviating assignment constitutes a new offer that T.Y.P. Consulting GmbH may accept.

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2. Active Search

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a. The active search begins with the order assignment according to Section 1. For optimal search flow, the Client must provide T.Y.P. Consulting GmbH with all information about their company and the vacant position necessary to complete the company, position, and requirements profile. If possible, discussions are held with people in the environment of the vacant position.

The Client ensures that all requested cooperation services necessary for T.Y.P. Consulting GmbH to fulfill the order are provided in a timely and required manner. If the Client fails to cooperate, T.Y.P. Consulting GmbH is entitled to terminate the contractual relationship with immediate effect for a significant reason. The provisions in Section 3, lit d), particularly regarding the fee claim, apply.

 

b. In a professional approach and to avoid counterproductive multiple contacts with potential candidates, the Client grants T.Y.P. Consulting GmbH an exclusive sole assignment. The Client will not assign anyone else in T.Y.P. Consulting GmbH's business sector to recruit and select personnel for the same position. If the Client violates this exclusive assignment, T.Y.P. Consulting GmbH is entitled to prematurely terminate the order for a significant reason. The provisions in Section 3, lit d), particularly regarding the fee claim, apply.

 

c. T.Y.P. Consulting GmbH may, at its discretion, execute the service to the Client in whole or in part itself, use qualified third parties to perform the contractual services in whole or in part, and/or substitute such services in whole or in part (hereinafter also referred to as "Third-Party Service").

 

Third-party services are either in T.Y.P. Consulting GmbH’s name or the Client's name. T.Y.P. Consulting GmbH will carefully select third parties and ensure they have the required professional qualifications. The Client assumes obligations to third parties that extend beyond the contract term. This also applies in the event of premature termination of the order for a significant reason.

 

If T.Y.P. Consulting GmbH provides services with third-party assistance and this gives rise to warranty and/or liability claims against these third parties, T.Y.P. Consulting GmbH assigns these claims to the Client. In this case, the Client will primarily assert claims against the third parties.

 

The decision about which T.Y.P. Consulting GmbH employees are involved in fulfilling the contract lies solely with T.Y.P. Consulting GmbH.

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3. Completion of order

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a. Upon completing the search and selection process, suitable candidates for the vacant position are presented to the Client with a detailed candidate profile. The documents submitted by T.Y.P. Consulting GmbH are subject to confidentiality as per Section 7.

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b. The order ends with the delivery of the data or with contacting the candidates. Candidate profiles stored, with candidates' consent, and relevant for near-future vacancies may remain stored by the Client as long as they are relevant or until the candidate withdraws consent. Candidates may also be considered for other positions if it is in their interest.

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c. The Client may terminate the assigned order at any time by written notice to T.Y.P. Consulting GmbH. If the Client terminates the project, regardless of the reason, the full amount for candidate identification will be charged, unless otherwise stated in the offer. An exception applies to outreach costs if the Client has not yet ordered outreach to the identified candidates. If outreach has been ordered, the full cost will also be charged.

 

d. T.Y.P. Consulting GmbH may terminate the order in writing for significant reasons related to the Client's person or company, a breach of good faith by the Client, or a violation of the "General Terms and Conditions for Cooperation." Regarding T.Y.P. Consulting GmbH's fee claim, the provisions of Section 3, lit c), apply in such cases.

 

4. Repeated or Multiple Appointments 

 

a. Although T.Y.P. Consulting GmbH only owes the presentation and delivery of suitable candidates according to Section 8, it commits to a follow-up search based on the same or slightly adjusted criteria for the same position if the position is not filled by any candidate. This right is contractually guaranteed to the Client and may be exercised on T.Y.P. Consulting GmbH’s recommendation or at the Client’s request. Subsequent appointments may also be made by candidates from the list or phone transcript—provided candidates consent to further storage—without incurring additional costs. An exception is if the Client requests renewed outreach by T.Y.P. Consulting GmbH.

 

b. The Client is also free to hire multiple candidates from a search process for the same or similar positions without additional costs. The primary service paid to T.Y.P. Consulting GmbH is providing suitable candidates for a particular position. The Client’s discretion in hiring any number of candidates for any purpose does not affect the fee as per Section 5.

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5. Fees and Expense Reimbursement

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a. The fee payable to T.Y.P. Consulting GmbH is due 14 days after receiving the invoice and is independent of the search outcome. It is clearly stated in the offer on which the order is based. The fee comprises costs for candidate identification and outreach. Identification is a fixed part of each order and is always due, while outreach is charged upon the Client's request.

 

b. Invoicing always occurs after the Client explicitly assigns the order to T.Y.P.

 

c. The naming of candidates by the Client or filling of the requested position through internal means does not affect the fee claim under Section 3, lit c).

 

d. If the Client has booked a package (e.g., summer package), billing is done upon initiation of each search. Each individual search within a package (3x or 5x) must be used within 12 months from the date of order placement. Any unused searches remaining after the 12-month period will be invoiced to the Client and may then be used for a maximum of 12 months from the invoice date. After this period, the Client forfeits any right to use or request reimbursement for unused search services.

 

e. All T.Y.P. Consulting GmbH prices apply to the specified scope of services. Any services that go beyond the defined scope (especially additional or special services) will be invoiced separately.

 

f. All prices are in euros. Unless otherwise indicated by T.Y.P. Consulting GmbH, all prices quoted exclude applicable taxes and duties, particularly VAT.

 

g. The Client must provide T.Y.P. Consulting GmbH with their VAT identification number (UID number). If the Client fails to provide the VAT number, provides it incorrectly, or uses it fraudulently, the Client is liable to T.Y.P. Consulting GmbH, without prejudice to further claims, for the statutory Austrian VAT amount.

 

h. In the event of payment delay by the Client, statutory default interest applicable to business transactions per Section 456 of the Austrian Commercial Code (UGB) will apply. T.Y.P. Consulting GmbH’s right to seek additional claims, including compensation for damages, remains unaffected.

 

i. If the Client is in default, T.Y.P. Consulting GmbH is entitled to bill for all rendered services and partial services immediately. Additionally, T.Y.P. Consulting GmbH is not required to provide further services until the outstanding amount is paid and may require advance payment or security for any future services or withdraw from the contract after a reasonable extension period.

 

j. The Client is not entitled to offset their claims against claims of T.Y.P. Consulting GmbH unless the Client's claim has been acknowledged in writing by T.Y.P. Consulting GmbH or has been legally confirmed by a court.

 

k. Any discounts, rebates, or allowances granted by T.Y.P. Consulting GmbH are retroactively forfeited if the Client defaults on any payment, whether partial, final, or otherwise.

 

l. T.Y.P. Consulting GmbH is entitled to send invoices to the Client electronically (particularly by email) to an address provided by the Client. The Client expressly agrees to receive invoices in electronic form.

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6. Client Protection

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a. T.Y.P. Consulting GmbH commits to not actively contacting successfully placed candidates within a period of two years from the agreement on the terms of their employment, with the intention of placing them with other Clients. If candidates reach out to T.Y.P. Consulting GmbH on their own initiative within this period, T.Y.P. Consulting GmbH may include them in selection processes.

 

b. For a period of three months from the last order assignment (the date on which T.Y.P. Consulting GmbH received the assignment), T.Y.P. Consulting GmbH will refrain from actively contacting other employees of the Client's company with the purpose of placing them with other Clients, provided there is an active business relationship. It is understood that this client protection does not apply in cases of partial assignments in personnel search and selection (e.g., for screening only). Likewise, this client protection does not apply if the Client prematurely terminates the contractual relationship for any reason or if T.Y.P. Consulting GmbH terminates it for significant cause.

 

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7. Confidentiality

 

a. T​.Y.P. Consulting GmbH undertakes to treat all documents and information provided by the Client as confidential. In return, the Client agrees not to disclose any information regarding the presented candidates to third parties.

 

b. Both T.Y.P. Consulting GmbH and the Client will keep confidential, for an unlimited period, all information and documents they become aware of or gain access to in the course of the assignment and will not disclose them to third parties. This applies particularly to project documents created by T.Y.P. Consulting GmbH according to Section 3, lit a). For the purpose of these provisions, third parties include affiliated companies of the contracting parties under Section 15 of the Austrian Stock Corporation Act or Section 115 of the Austrian Limited Liability Company Act, meaning particularly parent, subsidiary, and sister companies.

 

c. Furthermore, T.Y.P. Consulting GmbH and its employees are bound to observe data secrecy in accordance with the Data Protection Act.

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8. Liability for Damages

 

a. ​Since T.Y.P. Consulting GmbH only owes the presentation of suitable candidates and not a specific result in the personnel search and selection process, it is not liable for any specific outcome the Client might expect from the consulting services. T.Y.P. Consulting GmbH is therefore not liable for damages caused in the Client's company by candidates presented by T.Y.P. Consulting GmbH, whether due to slight or gross negligence or intent.

 

b. T.Y.P. Consulting GmbH also assumes no liability for the accuracy or completeness of information and references obtained from third parties regarding the presented candidates.

Otherwise, the following provisions apply:

 

c. T.Y.P. Consulting GmbH is liable for damages only if intent or gross negligence can be demonstrated, within the scope of legal provisions. T.Y.P. Consulting GmbH is not liable for indirect damages, lost profits, interest losses, missed savings, consequential or financial losses, or damages arising from third-party claims, unless the damage or defect is due to gross negligence or intent. Liability for a specific result—regardless of the contract’s content—is entirely excluded.

 

d. T.Y.P. Consulting GmbH is not responsible for delays in performance caused by incomplete, modified, or delayed information or documents provided by the Client.

 

e. Where liability is excluded or limited under these terms, this also applies to the personal liability of T.Y.P. Consulting GmbH’s management, employees, representatives, and subcontractors.

 

f. Claims for damages against T.Y.P. Consulting GmbH must be filed within six months of the Client becoming aware of the damage and the responsible party or the event that triggered the claim, but no later than three years from the damaging (claim-triggering) event. The burden of proof for the existence and amount of damages rests with the Client.

 

g. T.Y.P. Consulting GmbH guarantees that its personnel development activities are limited to business consulting. Therefore, it is understood that services in personnel development, particularly coaching, do not replace any necessary medical or psychological treatment or psychotherapy.

 

h. Coaching is situational learning, and all of T.Y.P. Consulting GmbH's consulting services presume a healthy individual.

 

i. All personal data exchanged or otherwise processed between T.Y.P. Consulting GmbH and the Client is handled in compliance with applicable data protection regulations.

 

j. Regardless of the cause and legal basis of the damage, T.Y.P. Consulting GmbH's liability is limited to the coverage amount of T.Y.P. Consulting GmbH's liability insurance. If a damage event is not covered by this insurance, the liability is limited to 50% of the contract fee, or, in the case of an ongoing assignment, a maximum of 50% of the annual fee of the contract for the calendar year in which the damage occurred.

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9. Jurisdiction and Applicable Law

 

a. ​T.Y.P. Consulting GmbH and the Client will endeavor to resolve any disputes amicably. If this is not possible, the exclusive jurisdiction for all disputes arising from or in connection with this contract shall be the competent court in Graz, Austria (8010). This does not affect the option to sue the defendant at their place of business.

 

b. Only Austrian law applies, to the exclusion of conflict-of-law provisions.

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10. Prohibition of Set-Off

 

​The Client is not entitled to offset any claims they may have against claims of T.Y.P. Consulting GmbH.

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11. Final Provisions

 

a. ​It is understood that any agreements between the Client and T.Y.P. Consulting GmbH require written form to be effective. This requirement can only be waived by a written agreement.

 

b. If any provision of this contract is or becomes invalid or if a gap is discovered in this contract, the validity of the remaining provisions shall not be affected. In place of the invalid provision or to fill the gap, an appropriate regulation should apply, as closely as possible reflecting the intent and purpose that the parties would presumably have agreed upon.

 

c. T.Y.P. Consulting GmbH expressly reserves the right to amend these GTC. Changes to the GTC will be communicated to the Client and are considered agreed upon if the Client does not object in writing within 14 days. The Client has no right to object to amendments that are technically necessary, security-relevant, or required due to a change in law or legal conditions. Such changes become effective 14 days after notification to the Client.

 

These General Terms and Conditions are effective as of November 1, 2024.

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Contact:

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T.Y.P. Consulting GmbH

Kalvariengürtel 67

8020 Graz

AUSTRIA

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office@tailoryoung.com

+43 6643337000

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