TERMS AND CONDITIONS

for personnel deployment

These General Terms and Conditions (hereinafter referred to as GTC) apply to the entire business relationship between the customer and Teamforce Human Resources GmbH (hereinafter referred to as TF). They are an integral part of the personnel transfer contract in the sense of the Labor Lease Act (AÜG). These provisions primarily apply to written agreements made with the customer. Oral agreements and information require written confirmation in order to be valid.
The provision of personnel by TF and the employment of the leased personnel ("employees" and similar designations apply to both women and men) are carried out by the customer taking into account the applicable legal provisions. Regulations, in particular in compliance with the Labor Lease Act in the currently valid version.
The special conditions of the individual assignment, such as qualification level, hourly or monthly tariff, start and duration of the assignment etc. are agreed in advance in writing. These special conditions apply to the entire duration of the agreed personnel assignment. The binding period for offers is 30 days from date of offer. TF reserves the right to substitute one employee for another with equivalent qualifications or to replace another employee instead of the one originally intended.
Incidental travel costs of the candidates requested by the customer and any advertising costs will be charged additionally. The valid rates according to BGBL Nr.483 / 1993 (foreign countries) resp. of the collective agreement for employees of the Allg. Gewerbes (domestic) or Km-money, overnight stay costs and other travel and living expenses according to respective document.
The employee made available to the customer has entered into a service contract with TF, which regulates his rights and obligations to TF and its customers. The employee is not in contractual relationship with the customer. For this reason, the employee must submit all questions concerning the contractual relationship between employer and employee directly to TF. If, due to special circumstances, the customer is forced to change the location, working hours or type of the agreed activity during the duration of the assignment, he is obliged to inform TF immediately in writing, so that TF can give his employees new instructions themselves.
In accordance with the commitments made to TF, the TF employee must adhere strictly to the customer's instructions for the performance of the work entrusted to him. He has to carry out his work carefully, conscientiously and according to the rules of his profession. The employee is also obliged to follow the customer's operating regulations. The employee is contractually obliged to maintain strictest secrecy about everything that comes to his attention during the course of his assignment to the customer.
The customer undertakes to provide the equipment, materials and machines required for the work and to ensure that these are handled correctly by the employees. Furthermore, the customer undertakes to take all necessary measures to protect the life and health of the leased employee and to comply with the legal provisions specific to his activities. In particular, the Employees Protection Act and the Employees Liability Act apply, all in the currently valid version. The customer must also make sure that the employee knows the general and special safety regulations of his profession.
Employee records (or candidate profiles) that are transmitted to the customer by TF, even if they are already known to the customer, remain the property of TF. These are to be treated confidentially, returned to TF when not in use, and may not be disclosed to third parties or duplicated. If an employee provided by TF (or an applicant nominated for this position) is employed directly by the customer or by a company in his sphere of influence or as a freelancer within 12 months (from the date of naming or commencement of employment), TF is entitled to a fee of a monthly gross salary. Any deviations are to be taken from the offer.
The employees are carefully selected and individually tested. Nevertheless, the customer is required to convince himself of the suitability of his assigned employee for the intended activity and to notify any complaints about him immediately to the management of TF (nobody else) in writing.
The provision of the provided employee can take place daily in the first month of the contract, from the second month on, TF 4 must be notified in writing weeks before the end of the assignment. As of the date of the provision, the contractual relationship between TF and the customer is deemed terminated for TF without further obligations. The same applies in the event of a termination of service during the period of use at the customer.
In addition, TF can only guarantee that its employees have the general suitability for the intended use, which enables them to provide their services in accordance with the requirements. Further liability does not exist for TF. Complaints must be made on the day of their discovery, at the latest on the next day of the reason for the complaint and must be addressed in writing exclusively to the management of TF (to no one else). Late complaints do not give the customer any claims. In the case of timely complaints in the context of liability, TF is only responsible for rectification. Further claims, in particular claims for damages, are excluded. In principle, TF assumes no liability if the employee is dealing with money, securities, sensitive and valuable goods or if he damages the objects, machines, motor vehicles and materials entrusted to him by the customer. To third parties the employee works under the exclusive responsibility of the customer. It is the customer's responsibility to take out all necessary insurance to protect against the above risks.
At least the agreed normal working time must be worked by the TF personnel during the employment in the customer's company. The customer must ensure that the assigned employee complies with the provisions of the Working Hours Act on the regulation of working hours (AZG) in the currently valid version and assumes the liability for this. If the customer wishes to work overtime, night, Sunday or holiday work, a special prior agreement with TF is required. Overtime is the hours beyond the agreed weekly working time.
The employee is insured by TF at the responsible regional health insurance fund. Accidents at work must be reported to TF in writing without delay by means of an accident report.
At the end of each working week or on request every day, the employee submits a proof of activity to the customer on the hours worked by him at the customer, which the customer must stamp and sign after inspection. Only actual hours worked, arranged business trips and pre-agreed expenses, which have been recognized by the customer's signature on the time sheet, will be charged. The proof of activity signed by the customer entitles to the accounting in accordance with the agreed conditions stated in the corresponding order confirmations. For business trips with the private car, the official mileage will be charged. Business trips are charged in accordance with the valid day / night rates as per the collective agreement.
Invoicing by TF takes place weekly. The corresponding amounts mainly include wage payments. Employees provided by TF are under no circumstances authorized to collect.
The invoices issued by TF are due for payment immediately upon receipt. All transfers are at the risk of the customer and must be made in such a way that the invoice amount is credited at the latest 8 days after receipt of the invoice on the account disclosed by TF. All bank charges are without exception charged to the customer. In the event of default, immediately due default interest in the amount of 10% per annum will be charged for the entire duration of the delay as well as dunning charges in the amount of EUR 4, - per reminder. In particular, ongoing or further orders of the defaulting debtor may be deferred until payment of the sums due. In the event of default, the customer undertakes to pay the dunning fees incurred by TF and all costs incurred to prosecute the claims, any cash outlays of whatever title. Furthermore, in addition to any costs determined by the court, the customer also has to pay all pre-litigation costs of a lawyer or collection agency, in particular the debt collection costs of the 1870 Credit Protection Association in accordance with the Federal Ministry of Economic Affairs's regulations on collection agency fees, BGBL.Nr.141 / 1996 remunerated. Incoming payments are credited first to interest and expenses and finally to the pure invoice amounts. Invoice claims must be in writing and will only be accepted within 8 days from the date of issue of the invoice. In the case of the application of the reverse charge by the foreign entrepreneur, the latter undertakes to record this turnover as part of his advance VAT registration and to notify his tax office. Any ineffectiveness of individual provisions of these terms and conditions does not affect the validity and binding nature of the remaining provisions. The ineffective provision shall be replaced by an effective provision which comes closest to its purpose and purpose. The contracting parties are obliged to transfer the relevant provisions to any legal successors. Austrian law applies. Place of fulfillment is Vienna. For any disputes arising from the contract, the place of jurisdiction is the place and content of the competent court in Vienna.

TERMS AND CONDITIONS

for personnel development and human resources consulting

These General Terms and Conditions (hereinafter referred to as GTC) apply to the entire business relationship between the customer and Teamforce Human Resources GmbH (hereinafter referred to as TF). These provisions primarily apply to written agreements made with the customer. Oral agreements and information require written confirmation in order to be valid.
The scope of services of TF is defined for the specific order in the written offer. The customer has the right to all services defined in the written offer.
These services mainly include training (such as trainings, seminars, workshops, coaching, etc.) as well as all services in the context of human resources consulting (eg salaries & compensation, potential analysis, communication and other consultancy, etc.). TF is also entitled to have these services carried out by suitable employees or commercial / freelance cooperation partners. "Employees", participants "etc. Names in the following refer to women and men respectively.
The costs or the fee for the services depend on the type and scope of the order, whereby the final costs or the fee in the offer are fixed in writing. The binding period for offers is 30 days from date of offer.
Any travel expenses incurred by the TF consultants will be charged additionally. The valid rates according to BGBL Nr.483 / 1993 (foreign countries) resp. of the collective agreement for employees of the Allg. Gewerbes (domestic) or Km-money, overnight stay costs and other travel and living expenses according to respective document.
The customer shall ensure that the organizational framework conditions allow the services to be as undisturbed as possible and to facilitate the rapid progress of the implementation of the services. The customer shall ensure that TF is provided with all documents necessary for the fulfillment and execution of the service in a timely manner without any special request and that he is informed of all processes and circumstances that are of importance for the execution of the order. This also applies to all documents, processes and circumstances that become known only during the activity of the consultant. The relationship of trust between the customer and TF requires that the consultant be comprehensively informed about previous and / or ongoing consultations - also in other specialist areas.
The customer is obliged to ensure that the documents created in the course of the implementation of the services of TF, its employees and cooperation partners and the like are used only for order purposes. In particular, the transfer of professional statements of any kind from TF to third parties for a fee and free of charge requires written consent. The copyright and performance protection includes all written documents, as far as they are created, created, transferred or made available in the course of the offer, concept or order. The content of all training and other materials (including copies of the Flip Charts) and transcripts (even if created or enhanced by Customer's employees) is the intellectual property of TF. The customer receives the limited right of use for use within his company for the intended purpose. The use of professional statements by TF for promotional purposes by the customer is prohibited. An infringement entitles TF to terminate without notice all services not yet performed with full compensation. TF remains a copyright to its services. In view of the fact that the services provided are intellectual property of TF, the right of use of the same applies even after payment of the fee exclusively for the customer's own purposes and only to the extent specified in the contract. Any nonetheless passing on, also in the course of a dissolution of the enterprise or a bankruptcy, but also the short-term release for reproductive purposes claims for damages. In such a case full satisfaction is required - at least twice the agreed fees.
TF shall be liable for damages only in the event that intent or gross negligence can be proven, within the scope of the statutory provisions and up to the order value. In particular, TF is not liable for personal belongings of training / seminar participants or other involved employees of the customer, for provided learning materials and their application as well as for the applications and implementations of knowledge or knowledge acquired during the provision of the services. Similarly, TF is not liable for illnesses or injuries of training / seminar participants or other involved employees of the customer, which have been caused by their own fault - above all by non-observance of safety instructions by TF, their employees or cooperation partners. The claim for damages can only be asserted in court within six months after the beneficiary (s) have become aware of the damage, but no later than three years after the event giving rise to the claim. If the activity is carried out with the intervention of a third party, eg a data-processing company, an accountant or lawyer, and the customer is notified thereof, the warranty and liability claims against the third party arising from the law and the conditions of the third party are deemed ceded to the customer.
The customer is obligated to notify any obvious defects immediately to the management of TF (to anyone else) in writing and to allow their rectification. TF is entitled and obligated to rectify subsequent incorrectness and defects in the service. This claim of the customer expires six months after the performance of the complaint. Instead of warranty claims, damages for non-performance can not be claimed. In the course of rectification, the customer has the same obligation to cooperate as in the case of the order itself. If the customer has not checked the progress of the project or has not reported the defect promptly and therefore extensive rework has arisen, or if the rework is due to the fact that If the customer now requires services in more detail than originally agreed to achieve a goal, TF is entitled to charge the additional costs.
TF, its employees and the co-operation partners involved undertake to maintain confidentiality with regard to all matters relating to their activities for the customer. This also applies to the time after completion of the order. Exceptions are cases where there is a legal obligation to provide information. TF is authorized to process personal data entrusted to it within the scope of the purpose of providing the services or to have it processed by third parties. TF guarantees the obligation to maintain data secrecy in accordance with the provisions of the Data Protection Act.
11.TF is entitled to payment of a reasonable fee by the customer in exchange for the provision of its services. Unless otherwise agreed in writing, the amount of the fee shall be determined according to the fee guidelines for business consultants issued by the Fachverband Unternehmensberatung and Datenverarbeitung at the time the fee note was issued. If the implementation of the services is prevented after commissioning by the customer (eg due to termination, non-granting of any support, etc.), then TF is nevertheless the agreed full fee. Failure to implement the Services due to circumstances that are an important reason on the part of TF, so TF is entitled to only part of the fee corresponding to their previous services. TF can make the completion of its service dependent on the full fulfillment of its fee claims. The complaint of the work of TF, except in the case of obvious defects, does not entitle to withholding the fees due to TF.
The invoices issued by TF are due for payment immediately upon receipt. All transfers are at the risk of the customer and must be made in such a way that the invoice amount is credited at the latest 8 days after receipt of the invoice on the account disclosed by TF. All bank charges are without exception charged to the customer. In the event of default, immediately due default interest in the amount of 10% per annum will be charged for the entire duration of the delay as well as dunning charges in the amount of EUR 4, - per reminder. In particular, ongoing or further orders of the defaulting debtor may be deferred until payment of the sums due. In the event of default, the customer undertakes to pay the dunning fees incurred by TF and all costs incurred to prosecute the claims, any cash outlays of whatever title. Furthermore, in addition to any costs determined by the court, the customer also has to pay all pre-litigation costs of a lawyer or collection agency, in particular the debt collection costs of the 1870 Credit Protection Association in accordance with the Federal Ministry of Economic Affairs's regulations on collection agency fees, BGBL.Nr.141 / 1996 remunerated. Incoming payments are credited first to interest and expenses and finally to the pure invoice amounts. Invoice claims must be in writing and will only be accepted within 8 days from the date of issue of the invoice. In the case of the application of the reverse charge by the foreign entrepreneur, the latter undertakes to record this turnover as part of his advance VAT registration and to report it to his tax office. Any ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity and binding nature of the remaining provisions. The ineffective provision shall be replaced by an effective provision which comes closest to its purpose and purpose. The contracting parties are obliged to transfer the relevant provisions to any legal successors. Austrian law applies. Place of fulfillment is Vienna. For any disputes arising from the contract, the place of jurisdiction is the place and content of the competent court in Vienna.

TERMS AND CONDITIONS

for personnel development and human resources consulting

These General Terms and Conditions (hereinafter referred to as GTC) apply to the entire business relationship between the customer and Teamforce Human Resources GmbH (hereinafter referred to as TF). These provisions primarily apply to written agreements made with the customer. Oral agreements and information require written confirmation in order to be valid.
The scope of services of TF is defined for the specific order in the written offer. The customer has the right to all services defined in the written offer.
The costs or the fee for the personnel search or selection depend on the type and scope of the order, whereby the final costs or the fee in the offer are fixed in writing. The binding period for offers is 30 days from date of offer.
Applicants' travel expenses ("Applicants", "Candidates" and the like below refer to women and men respectively) and the TF personnel consultant as well as any advertisement costs will be charged additionally. The valid rates according to BGBL Nr.483 / 1993 (foreign countries) resp. of the collective agreement for employees of the Allg. Gewerbes (domestic) or Km-money, overnight stay costs and other travel and living expenses according to respective document.
TF provides a replacement service of three months from the commencement of employment. If the employment relationship becomes vacant during this time, TF will endeavor to fill the position without recalculating a fee. This service requires the full payment of the agreed fee for the first occupation. Incidental advertising costs and travel expenses according to item 4 of the GTC will be charged separately. The replacement service is valid once per order and position and includes the presentation of up to three candidates corresponding to the original requirement profile. Any deviations are to be taken from the offer. A royalty-free replacement is not required if there is a vacancy in the position due to violations of the AschG or AVRAG, job losses, reorganization, takeover, merger, change of task or other operational reasons as well as illness / death of the candidate.
Candidate documents submitted to Customer by TF remain the property of TF. These must be treated confidentially, returned to TF when not in use and may not be forwarded or duplicated to third parties. If a submitted applicant is already known to the customer, TF shall be notified immediately in writing. Otherwise, the fee claim of TF remains unaffected. If a candidate presented by TF is employed directly by the customer or by a company in his or her sphere of influence or as a freelancer within 12 months, TF is entitled to the fee agreed in accordance with the personnel search order.
The TF Personnel Search and Selection will never replace the customer's in-depth examination of the candidate. When concluding a working agreement with a candidate proposed by TF, the customer assumes full responsibility for his choice. TF disclaims any responsibility, both as to the statements made by the candidate and as to the performance of work entrusted to him in the new employment relationship.
TF undertakes to treat all data provided to it by the customer confidentially and to impose its obligations on secrecy on its employees.
If the execution of the personnel search order by the customer is prevented (eg due to termination), TF is entitled to the part of the fee corresponding to its previous services. TF can make the completion of its service dependent on the full fulfillment of its fee claims.
TF will handle personal ads (advertisements) in those media that have been agreed with the customer in each order. The applicable advertising tariff of the medium applies. TF is entitled to refuse orders without stating reasons. TF reserves the right to withdraw from the execution of orders at any time without stating reasons, in particular in the case of late payment by the customer or legal difficulties, even in the case of a framework agreement or a contract for the repeated appearance of advertisements. TF reserves the right to make the receipt of orders dependent on any advance payment. If the provision of services from period-related contracts is impossible for reasons for which TF is not responsible (eg bankruptcy, liquidation, etc.), the customer shall not be entitled to receive any aliquot repayment of any fees already paid flat-rate for the entire contract period. In this case, the customer must assert his claims directly against those persons or companies which have caused the impossibility of rendering the service.
If the customer wishes the advertisement to be displayed using his own printed documents, he must provide them in due time in the form of transmission required for the respective medium. TF is not liable for the content and formal correctness of the printed documents provided in writing or electronically. TF is not responsible for the print quality, especially not for minor color deviations compared to an original color original. TF is not obliged to keep printing material. Proofs will only be sent to the customer upon the express request of the customer. If the sample excerpts are not returned in time, the permission to print is deemed granted. Costs resulting from substantial changes to the originally agreed execution of the advertisement as well as the printing documents provided in writing or electronically will be invoiced to the customer additionally.
TF is not liable for the correctness of the published ad text. The customer is responsible for the fact that the advertisement, including all graphics, does not violate any legal provisions and is free from third party rights. Should TF be held liable on account of such breach of law or contract caused by the customer, the customer shall be obliged to indemnify and hold TF harmless. This applies in particular to damages incurred by TF as a result of conflicts of competition or copyright and personality rights caused by the customer, in particular for all consequential damages such as costs incurred for countermeasures whose publication TF has been ordered by the court, administrative or judicial penalties, compensation under media law, claims for damages from publications of judgments or communications under the Media Law, including all legal and legal fees.
A withdrawal or modification of orders is only possible after approval of the respective medium. The resulting costs will be charged to the customer. Cancellations or changes must be confirmed by the customer promptly in writing.
If advertisements or changes to advertisements are communicated by telephone, TF shall not be liable for any hearing errors. TF is not liable for damages incurred by the customer due to the non-appearance of an advertisement on a particular day or due to printing and typesetting errors. The customer agrees to take over the spelling and the language usage of the respective medium. TF is authorized to make word-truncations that do not change the meaning of the ad. Placement requests are binding only in the case of performance of a placement surcharge. For word advertisements placement requests within a category can not be considered. Competitive exclusions on one side or the opposite side are considered as far as possible, but the customer has no claim to consideration. Notification of defects shall be asserted in writing within 8 days after the advertisement has been published, otherwise the warranty is excluded. The customer is not entitled to call in a replacement advertisement. Otherwise, TF is only liable for intentional or grossly negligent errors and only up to the amount of the costs of the specific order.
The invoices issued by TF are due for payment immediately upon receipt. All transfers are at the risk of the customer and must be made in such a way that the invoice amount is credited at the latest 8 days after receipt of the invoice on the account disclosed by TF. All bank charges are without exception charged to the customer. In the event of default, immediately due default interest in the amount of 10% per annum will be charged for the entire duration of the delay as well as dunning charges in the amount of EUR 4, - per reminder. In particular, ongoing or further orders of the defaulting debtor may be deferred until payment of the sums due. In the event of default, the customer undertakes to pay any dunning fees incurred by TF and all costs incurred to prosecute the claims, any cash out of any title. Furthermore, the customer has in addition to any judicial costs also all pre-litigation costs of a lawyer or collection agency, but in particular the debt collection costs of the credit protection association of 1870 in accordance with Regulation of the Federal Ministry of Economic Affairs on the fees of collection agencies, BGBL.Nr.141 / 1996, to remunerate. Incoming payments are credited first to interest and expenses and finally to the pure invoice amounts. Invoice claims must be in writing and will only be accepted within 8 days from the date of issue of the invoice. Changes in advertising prices are immediately effective for current orders. In the case of the application of the reverse charge by the foreign entrepreneur, the latter undertakes to record this turnover as part of his advance VAT registration and to report it to his tax office. Any ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity and binding nature of the remaining provisions. The ineffective provision shall be replaced by an effective provision which comes closest to its purpose and purpose. The contracting parties are obliged to transfer the relevant provisions to any legal successors. Austrian law applies. Place of fulfillment is Vienna. For any disputes arising from the contract, the place of jurisdiction is the place and content of the competent court in Vienna.

BA-CA, BLZ 12000 DVR 1059939, Account 0141-50007 / 00 FN 194784y
Jurisdiction: Commercial Court Vienna, VAT ID number ATU49738002