Terms & Conditions for Employers
The general terms and conditions (GTC) for companies regulate the cooperation between talegri GmbH (also referred to as “talegri”) and its clients (also referred to as “customer”). These General Terms and Conditions shall apply from 20 April 2020 unless otherwise agreed in writing between the Client and talegri GmbH. The written form shall also be maintained by the transmission of agreements by email.
2. Conclusion of contract
The contract between talegri GmbH and the client is concluded with a written or verbal order confirmation or a bid on one of the candidate profiles in the talegri software developer auction. If the client concludes an employment contract with a person mediated/presented by talegri GmbH, he thereby accepts the general terms and conditions of talegri GmbH.
The fee owed by the client is based on the gross annual income of the hired person. The gross annual income relevant for the calculation of the fee corresponds to the target salary and includes all bonuses, additional monthly salaries, commissions and profit-sharing as well as other benefits with a monetary advantage.
In the case of part-time work, the gross annual income for the work expected in the first 12 months of employment is used as the basis for calculating the fee. However, at least 70% of the fee that would be due for a full-time workload is calculated.
The fee is (excl. VAT) 12% of the gross annual income.
The fee claim arises when the contract is signed between the client and the person mediated by talegri GmbH. The fees are due 30 days after invoicing. The legal default interest according to article 104 OR is owed on late payments.
The fee becomes due if a contract is concluded between the client (or a company commercially associated with the client) and a proposed person within 12 months of the dispatch of the personnel documents by talegri GmbH. The fee is also due if the client introduces the proposed person to a third party and this third party hires the candidate within 12 months of dispatching the personnel documents.
The client informs talegri GmbH within 3 days about the conclusion of a contract between the client and a person introduced by talegri GmbH. To enable talegri GmbH to calculate the fee correctly, the client shall provide talegri with a copy of the employment contract.
4. Warranty and liability
talegri GmbH thoroughly tests the persons presented for their suitability for the intended role. Nevertheless, the examination by talegri GmbH does not replace the careful examination of the candidates presented, by the client. talegri GmbH accepts no liability for the suitability of the persons presented or mediated. An exception is the termination of the employment contract by the person placed or the employer prior to taking up the position or during the first three months in the new function. In this case talegri GmbH will search for a suitable replacement candidate (according to the existing requirement profile) without additional costs if the following conditions are fulfilled:
a) The termination is not attributable to the employer’s fault (e.g. termination for economic reasons, staff reduction).
b) Open invoices are settled within 30 days of invoicing.
c) The client shall inform talegri GmbH within 7 days about the termination of the employment contract.
Should talegri GmbH not find a suitable candidate to replace the corresponding person within a reasonable period of time, 100 % of the fee will be refunded.
The customer is solely responsible for the selection of the applicant and the obtaining of all permits under labour and residence law. talegri GmbH or its employees cannot be held liable for any costs incurred by the client, the hired person or the client’s employees as a result of an employment or an employment that did not come into effect. Liability claims (e.g. due to errors or misdemeanours of the person placed) of the client are excluded.
5. Data protection
talegri GmbH uses all data entrusted to it exclusively for the purpose of mediation. The client also uses the application documents sent to him exclusively for filling positions in his own company. The client is obliged to immediately destroy the application documents of candidates which he has received from talegri if the candidate has not been hired. The client and talegri GmbH themselves are responsible for compliance with the legally applicable data protection regulations.
6. Applicable law
These general terms and conditions are subject to Swiss law.
Should any provision of these general terms and conditions be or become incomplete or ineffective, the effectiveness of the remaining provisions shall not be affected thereby. In such a case, a provision shall be deemed to have been agreed which comes closest to the expressed intention of the Terms and Conditions.
7. Place of jurisdiction
Any disputes arising from these Terms and Conditions shall be settled by the courts having jurisdiction over the registered office of talegri.