TRANSLATION OF GENERAL TERMS AND CONDITIONS FOR
PERSONNEL CONSULTING AND RECRUITMENT PROJECTS
BY MURAUER TECHNOLOGY AND AIMS INTERNATIONAL AUSTRIA

In case of doubt, this translated version of the terms and conditions has no legal validity and the original German version needs to be applied: AGB – MURAUER TECHNOLOGY

I. ABOUT US

1. For us, high quality, reliability, and the best possible service for our clients come first. To ensure the optimal filling of our clients’ open positions, we employ various search and selection methods. Our long-standing leadership experience, combined with persistence in the service of our clients, defines us. Our work style is characterized by flexibility and dynamism.
2. The dynamic development and success of our society are only possible with engaged and qualified employees. It is important to us that clients communicate with employees respectfully and on equal terms, fulfilling employee expectations through effective organizational structures and a modern design of working conditions and environments.
3. The “feeling” for the right match between clients and employees is the central success factor for sustainable recruitment, which is not focused on short-term revenue maximization. While the “professional fit” is important, the “personal fit” also determines a long-term perspective and a “win-win situation” for both parties.
4. We guarantee both clients and candidates complete discretion. We see ourselves as a trusted partner for long-term cooperation.

II. SCOPE OF APPLICATION

1. These General Terms and Conditions (GTC) apply to all business relationships in personnel consulting and recruitment projects between DI Dr. Gerald Murauer (hereinafter referred to as Murauer Technology) and the client.
2. Conflicting, deviating, or supplementary General Terms and Conditions will not become part of the contract, even if they are known, unless their application is expressly agreed upon in writing.
3. Austrian law applies exclusively to these GTC and all legal transactions concluded with Murauer Technology; therefore, any non-mandatory conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods do not apply.

III. WARRANTY AND LIABILITY

1. Murauer Technology strives to verify the information provided by candidates but does not assume liability for its accuracy.
2. The pre-selection of candidates presented to the client is made by Murauer Technology based on the data provided by the client, for which the client alone is responsible for accuracy and completeness, as well as on the information provided by the candidate. The client is responsible for selecting the candidate from those presented by Murauer Technology.
3. Murauer Technology does not guarantee the accuracy or completeness of the information provided by candidates nor the quality of work performed by selected candidates within the client’s company.
4. Claims for damages made against Murauer Technology are excluded in cases of slight negligence. In the case of intent or gross negligence, liability for consequential damages, financial losses, unachieved savings, interest losses, and damages from third-party claims against the client is excluded.
5. Murauer Technology is only liable for its own content on its website if such a website is published. As far as “links” provide access to other websites, Murauer Technology is not responsible for the foreign content contained therein. Foreign content is not made part of Murauer Technology’s own content. Murauer Technology commits to removing links to illegal content from its site as soon as it becomes aware of such content.

IV. CANDIDATE PROTECTION

1. The client agrees to keep all information about candidates, provided by Murauer Technology or otherwise made known, confidential and not to disclose it to third parties. The client also agrees not to forward candidates presented by Murauer Technology to third parties or otherwise facilitate contact between candidates and third parties. The client further agrees to inform Murauer Technology of any subsequent employment contract with a candidate presented by Murauer Technology, even if no contract was concluded immediately after the presentation.
2. In case of violations of these obligations, a contractual penalty of €15,000.00 per violation is agreed upon. Any further claims for damages or contractual claims from Murauer Technology remain unaffected.
3. If a contract is concluded between the client and a candidate presented by Murauer Technology within three years of the presentation or communication of the candidate’s data, the client explicitly acknowledges the merit of Murauer Technology for the contract conclusion, even if the client initially rejected the candidate and the candidate was later introduced by a third party or contact between the client and the candidate was made directly or through third parties. This acknowledgment also applies to contract conclusions with companies within the client’s economic influence.

V. DATA PROTECTION

Murauer Technology commits to complying with all relevant aspects of the General Data Protection Regulation (GDPR) 2018. Maximum care in handling client- and candidate-specific information is a matter of course for us.
From the moment candidate data is transmitted, the client is responsible for the data protection of the personal data transmitted by us and for complying with all relevant provisions of the GDPR 2018. Murauer Technology’s responsibility for the use of transmitted candidate data ceases after the recruitment process.

VI. WARRANTY

1. If the recruitment agreement between the client and Murauer Technology includes a replacement guarantee, the client is obligated to inform Murauer Technology immediately upon termination of the employment contract, otherwise, the guarantee will become void.
2. Murauer Technology will not charge an additional recruitment fee for a subsequent recruitment process under a guarantee agreement included in the offer. However, any incurred out-of-pocket expenses, such as advertising costs and other direct costs, are not part of the guarantee and will be borne by the client.
3. If, during a replacement search (even within the guarantee period), the job profile changes, it is considered a new order and is not covered by the guarantee. If the client independently fills a position, no recruitment fee will be refunded, even within the guarantee period.
4. Murauer Technology will only cover one free personnel search as part of the guarantee obligation. The guarantee covers only one replacement per search assignment.

VII. GENERAL AGREEMENTS

1. Electronic Invoicing: Murauer Technology may send invoices to the client in electronic form. The client explicitly agrees to receive invoices in electronic form from Murauer Technology.
2. Payment Terms: Invoices from Murauer Technology are due for payment within 14 days without any deductions. If the payment term is exceeded, statutory interest for late payments (business interest) according to § 1333 para. 2 ABGB will be charged. All fees stated by Murauer Technology are exclusive of VAT.
3. The basis for Murauer Technology’s service provision is initially its offer. Otherwise, these General Terms and Conditions apply.
4. Possibility of Project Termination: The personnel search can be terminated by Murauer Technology five months after the order is placed if candidates have been presented but no employment contract has been concluded by that time. In this case, the fee will be charged according to the project progress.
5. If candidate presentations or interviews with the client are delayed due to the client’s actions and are not conducted within a reasonable timeframe (maximum of 3 weeks after candidate submission), and suitable candidates have subsequently found other opportunities, a flat fee equal to the first partial invoice will be charged for a new search process.
6. If the client cancels the personnel search, Murauer Technology will charge a fee of 25% of the agreed or expected total fee, regardless of partial services invoiced before the project termination. However, this fee is capped at the expected total fee, so the sum of the partial payments and the project termination fee will not exceed the expected total fee.
7. If a performance-related bonus is granted to the candidate, the annual amount of the potential gross bonus will be added to the salary for fee calculation.
8. If a company car is provided to the candidate for private use, a flat rate of €10,000.00 will be added to the salary for fee calculation.
9. If a company pension is provided, the annual contribution to a pension fund, pension insurance, or similar will be added to the salary for fee calculation.
10. Exclusivity: If the client hires a candidate for a particular position through another recruitment consultant within 6 months of the order for that position, the full fee as per the agreement will be charged to the client.

VIII. FINAL PROVISIONS

1. If any individual provisions of the contract with the client, including these General Terms and Conditions, are or become ineffective in whole or in part, the validity of the remaining provisions shall not be affected. The ineffective provision shall be replaced by a provision whose economic effect comes as close as possible to that of the ineffective provision.
2. In case of disputes arising from this contract that cannot be settled amicably, the contracting parties agree to refer the matter to registered mediators (ZivMediatG) specializing in economic mediation from the list of the Ministry of Justice for out-of-court dispute resolution. If agreement cannot be reached on the selection of mediators or content, legal steps will be initiated no earlier than one month after the failure of negotiations.
3. In the event of a legal dispute, the competent court in 1010 Vienna will have jurisdiction.

Klosterneuburg, October 23, 2023