- General Terms and Conditions
1.1 All legal transactions between the client and Diboty Consulting KG – Diboty Recruiting is a brand of Diboty Consulting KG – are subject exclusively to these General Terms and Conditions. The version valid at the time the contract is concluded shall apply.
1.2 These General Terms and Conditions shall also apply to all future contractual relationships, even if no clear reference is made to them in additional contracts.
1.3 Conflicting general terms and conditions of the client are invalid unless they are expressly recognised in writing by Diboty Consulting KG.
1.4 In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and economic purpose of the invalid provision. - Scope of the Agency and/or Consultancy Assignment/ Representation
2.1 The scope of a specific placement and/or counselling assignment is contractually agreed with the client by accepting an offer by e-mail. Placement assignments generally include the search for and placement of a suitable applicant with the client, intercultural preparation and six-month follow-up support for the applicant after entry. Consultancy assignments include personnel consulting, coaching services, workshops, etc.
2.2 Diboty Consulting KG is authorised to have the tasks incumbent upon it performed in whole or in part by third parties. The third party shall be paid exclusively by Diboty Consulting KG itself. There is no direct contractual relationship of any kind between the third party and the client..
2.3 The client undertakes not to enter into any kind of business relationship with persons or companies that Diboty Consulting KG uses to fulfil its contractual obligations during and for a period of three years after termination of this contractual relationship. In particular, the client shall not commission these persons and companies with such or similar placement or consulting services that are also offered by Diboty Consulting KG. - Duty to Provide Information and Liability
3.1 The client shall ensure that Diboty Consulting KG is provided with all documents necessary for the fulfilment and execution of the placement and consultancy assignment in a timely manner, even without a special request from Diboty Consulting KG, and that Diboty Consulting KG is informed of all processes and circumstances that are of significance for the execution of the consultancy assignment. This also applies to all documents, processes and circumstances that only become known during the placement and counselling activities..
3.2 The pre-selection of applicants to be presented to the client shall be made by Diboty Consulting KG on the basis of the information provided by the client on the one hand and on the basis of the information provided by the applicants on the other. The final selection is the responsibility of the client.
3.3 Diboty Consulting KG does not guarantee the accuracy and completeness of the information received from the applicants, nor does it guarantee the quality of the work that selected applicants perform in the client’s company. Furthermore, no guarantee is given for the achievement of a certain search success, in particular not for finding suitable candidates within a certain period of time.
3.4 For services in the field of personnel consulting Diboty Consulting KG shall only be liable to the client for damages – with the exception of personal injury – in the event of gross negligence (intent or gross negligence). This also applies mutatis mutandis to damages caused by third parties engaged by the contractor.
3.5 Claims for damages by the client can only be asserted in court within six months of becoming aware of the damage and the damaging party, but at the latest within three years of the event giving rise to the claim.
3.6 The client must provide proof that the damage is due to the fault of Diboty Consulting KG.
3.7 If Diboty Consulting KG performs the work with the assistance of third parties and warranty and/or liability claims against these third parties arise in this context, Diboty Consulting KG shall assign these claims to the client. In this case, the client shall prioritise these third parties. - Protection of Applicants
4.1 The client undertakes to keep confidential all information and data of applicants that have been transmitted to him by Diboty Consulting KG and, in particular, not to pass them on to third parties.
4.2 Furthermore, the client undertakes not to contact applicants presented by Diboty Consulting KG himself or to forward them to third parties.
4.3 In the event that a contract is concluded between the client and an applicant presented by Diboty Consulting KG within a period of two years from the presentation, the client expressly recognises the merit of Diboty Consulting KG for the conclusion of the contract, in particular even if the client has rejected the applicant within the scope of the order placed with Diboty Consulting KG and this applicant is later referred to him again by third parties or the contact between the client and the applicant is established by the client or in any other way by third parties. This acknowledgement also applies to contracts concluded by the applicant with companies within the client’s sphere of economic influence. - Replacement Guarantee
5.1 If the placement agreement between the client and Diboty Consulting KG contains a replacement guarantee, the client undertakes to inform Diboty Consulting KG immediately of the termination of the employment relationship, otherwise the guarantee shall lapse.
5.2 Diboty Consulting KG has a certain number of months to carry out the replacement. The number of months depends on the position to be filled and is specified in the offer.
5.3 If Diboty Consulting KG is unable to find a replacement within the agreed period, the fee shall be refunded.
5.4 If, in the course of a replacement during the guarantee period, a change is made to the originally advertised position, this shall constitute a new order and shall not be covered by the aforementioned guarantee commitment, i.e. the fee shall not be refunded.
5.5 Diboty Consulting KG will only pay for a free recruitment on the basis of a guarantee commitment once. - Protection of Intellectual Property
6.1 The copyrights to the works created by Diboty Consulting KG and its employees and commissioned third parties (in particular offers, reports, analyses, service descriptions, workshop content, etc.) shall remain with Diboty Consulting KG. They may only be used by the client during and after termination of the contractual relationship for purposes covered by the contract. In this respect, the client is not authorised to reproduce and/or distribute the work(s) without the express consent of Diboty Consulting KG. Under no circumstances shall any unauthorised reproduction/distribution of the work give rise to any liability on the part of Diboty Consulting KG – in particular for the accuracy of the work – towards third parties.
6.2 Any breach of these provisions by the client shall entitle Diboty Consulting KG to immediately terminate the contractual relationship prematurely and to assert other legal claims, in particular for injunctive relief and/or damages. - Dataprotection and Confidentiality
7.1 Diboty Consulting KG undertakes to comply with all relevant points of the GDPR. The client is responsible for the data protection of the personal data transmitted by us and the corresponding compliance with all relevant provisions of the GDPR from the time the data of applicants is transmitted.
7.2 Diboty Consulting KG shall not be responsible for the use of the applicant data transmitted beyond the recruitment process.
7.3 Diboty Consulting KG undertakes to maintain absolute confidentiality about all business matters of which it becomes aware, in particular business and trade secrets as well as any information it receives about the nature, scope of operations and practical activities of the client.
7.4 Diboty Consulting KG shall be released from the duty of confidentiality towards any assistants and representatives it utilises. However, Diboty Consulting KG shall impose the duty of confidentiality on them in full and shall be liable for their breach of the duty of confidentiality in the same way as for its own breach.
7.5 The obligation of confidentiality shall extend indefinitely beyond the end of this contractual relationship.
7.6 The client agrees that his personal data, namely name/company, contact person, business address and other addresses of the client, telephone number, e-mail address may be collected, stored and processed automatically for advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of referring to the existing or previous business relationship with the client (reference). The client agrees that electronic mail may be sent to him for advertising purposes until cancelled. This consent can be revoked at any time in writing by sending an e-mail to the contact details listed in the legal notice. - Fee
8.1 The fee for the placement order and the terms of payment shall be specified in the respective order.
8.2 The fee for personnel consulting services is due upon completion of the agreed work, whereby Diboty Consulting KG is authorised to issue interim invoices – depending on the progress of the work and in the case of longer support for the client. Details shall be specified in the respective order.
8.3 Diboty Consulting KG shall issue an invoice entitling the client to deduct input tax with all legally required features..
8.4 Any cash outlays, expenses, travelling expenses, etc. incurred shall be reimbursed by the client in addition to the invoice issued by Diboty Consulting KG.
8.5 If the agreed work is not carried out for reasons on the part of the client or due to a justified premature termination of the contractual relationship by Diboty Consulting KG, Diboty Consulting KG shall retain the right to payment of the entire agreed fee less expenses saved. In the event that an hourly fee is agreed, the fee for the number of hours that could have been expected for the entire agreed work shall be paid less the expenses saved.
8.6 In the event of non-payment of interim invoices, Diboty Consulting KG shall be released from its obligation to provide further services. However, this shall not affect the assertion of further claims resulting from non-payment. - Electronic Invoicing
Diboty Consulting KG is authorised to send invoices to the client in electronic form. The client expressly agrees to the sending of invoices in electronic form by Diboty Consulting KG. - Final Provisions
10.1 The basis for the provision of services by Diboty Consulting KG is the offer accepted by the client. In addition, these General Terms and Conditions shall apply.
10.2 Should individual provisions of the contract with the client, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
10.3 Amendments to the contract and these General Terms and Conditions must be made in writing, as must any waiver of this formal requirement. There are no verbal collateral agreements.
10.4 This contract shall be governed by Austrian substantive law to the exclusion of the conflict of law rules of private international law. The place of fulfilment is the location of the professional establishment of Diboty Consulting KG. The court at the place of business of Diboty Consulting KG shall have jurisdiction for any disputes.
Status: 1.7.2024