General Terms & Conditions 

CargoHR e.U.
(as of August 2023)

Section 1 General

1. The following conditions shall be applicable to all contracts concluded between CargoHR e.U. (hereinafter: „CargoHR“) and a customer (hereinafter: „Contracting Entity“) for the recruitment services such as preparing and/or placing job advertisement, search, pre-screening of the candidates, conducting interviews, providing short-list of the candidates and etc. Furthermore, for contracts with persons, who are in search for an employment (hereinafter: “Candidates” for such services as CV check, Cover Letter check, Social Media Branding, Interview preparation etc. They are also applicable for all future contract conclusions within the scope of the business relationship, even if they have not been explicitly agreed once again.
2. CargoHR contracts exclusively to the existing terms and conditions and rejects the provisions of the terms and conditions of the contracting entity that differ from the existing terms and conditions and are not recognized expressly and in writing by CargoHR.
3. The conclusion of a contract with CargoHR conforms to general principles of civil law; particularly, a contract with CargoHR also materializes by signing an offer or an recruitment service order confirmation from CargoHR by the contracting entity, by agreement of the contracting entity with the candidate identified by CargoHR on the terms and conditions of the employment contract, service, freelance service, work and services, or by the action of the applicant at the contracting entity.
4. Offers from CargoHR are provided exclusively in written form are binding up to four weeks after its submission.
5. Offers for recruitment services can be accepted exclusively in conclusive written form by contracting entity or a candidate.

Section 2 Duty of disclosure and liability

1. The contracting entity and the candidate are obliged to promptly and fully provide documents required in connection with the requested recruitments services and constantly inform CargoHR of all activities and conditions that may be of importance for the recruitment services requested.
2. Unless otherwise agreed in an individual contract, CargoHR does not guarantee success in the search, particularly, not to find concurring candidates or within a specific period with the order of the recruitment services.
3. CargoHR shall particularly, not be liable for any results of work by the nominated applicant and for damages arising in the course of or caused by them during his/her occupation or his tardiness, his/her non-appearance or other misconduct. Apart from that, the contracting entity shall indemnify CargoHR and hold harmless from any third-party claims for damages.
4. The contracting entity is obliged to check the qualification of the applicant and if need be, immediately report the complaint; CargoHR shall only be liable for cases of intentional or grossly negligent damage; the compensation for financial losses is in any case, excluded.

Section 3 Special provisions for personnel procurement

1. Services of personnel procurement is the search, selection and nomination (naming) of one of the recruitment service requests by CargoHR, especially, a requirement profile/job description provided by the contracting entity corresponding to the applicant.
2. Additional services (placing advertisements, expert reports, etc.) are charged for separately. Requests for search could however, even result from the actual requirement of the contracting entity known or assumed by CargoHR. Nevertheless, recruitment services and charges are listed separately in the offer made to the contracting entity based on the business needs and recruitment service request.
3. The fee is based on the kind and scope of the job and costs or fee will be fixed in writing in the offer as well as with the order confirmation. As a rule, offers are binding for four weeks after its submission.

Section 4 Data protection and confidentiality

1. The contracting entity is obliged to handle all information about the candidate recommended by CargoHR as confidential and not pass on to a third-party. The same applies to candidates regarding the information received from the contracting entity.
2. The contracting entity and the candidate agree that the data become known to them through the business relationship with CargoHR, is saved internally by CargoHR and processed automatically; they particularly, agree to inform the disclosure of data for initiation of employment- or contracts related thereto or the use of information of the contracting entity, candidate about legally or economically relevant topics.
3. CargoHR ensures contracting entities and candidates, to handle all information provided to them with confidentiality, however, authorised under imposition of this confidentiality obligation to make use of an informed third-party when carrying out this contract.

Section 5 Fees

1. Provided, nothing else is planned in these terms and conditions, all fees are due on execution of the employment contract or granting the recruitment request. Fees are payable within 14 days after receipt of the invoice. In the event of default in payment, CargoHR is authorised, to claim interest of 9,2% over the applicable basic interest rate in accordance with the Austrian Commerical Code. The offset against claims from CargoHR is excluded.
2. If a contracting entity or someone affiliated to them or a related party by personal or commercial connections concludes an employment contract or Consulting Contract with an applicant nominated by CargoHR within two years from receipt of his data or within two years from terminating the employment relationship, then the contracting entity is obliged to pay CargoHR the success fee according to the conditions valid at the time of execution of the contract. The contracting entity or Principal has to inform the company related to him through personal or economical relations, in the event of other liability for damages, on justification of an employment relationship, CargoHR is entitled to a fee accordingly.
3. In any case, the contracting entity and the applicant has to notify CargoHR the execution of an employment contract with him or one of the companies mentioned under paragraph 2 and for the calculation of the remuneration in relevant circumstances immediately and completely, at the most within two months after execution of the contract or unless a contract was established, after commencement of the employment relationship; in the event of delay by the contracting entity, CargoHR is authorised to claim a contractual penalty of 8% of the net target annual salary besides the success or the fee charged normally by CargoHR for placement of the candidate, whereby, the applicant and the contracting entity are jointly liable.
4. Besides the recruitment request or success fee and the otherwise agreed fee, CargoHR is always authorised to charge expenses, extraordinary additional costs (travel expenses of the candidate, non-local job or selection interview, etc.).
5. The billing is done electronically.

Section 6 Termination of Contract

1. The order for recruitment services can be terminated by either party or parties at any time with a notice period of 14 days to the end of the month, for an important reason, however, can be terminated at any time without notice, in writing

Section 7 Concluding Provisions

1. Unless expressly stated otherwise by CargoHR in the communications, contracts and information, all specified amounts exclusive of the taxes and additional charges payable on account of statutory provisions.
2. Jurisdiction for all disputes arising from or in connection with contracts between the contracting entity or applicant and CargoHR is Wels/Linz. Austrian laws apply.
3. Agreements, with which provisions of these terms and conditions are amended or supplemented, must be in writing. This is also applicable for the change to this clause requiring the written form. Written communications may be by registered letter or mail to the last known CargoHR mail address.
4. If any provisions of these terms and conditions are or become invalid, the effectiveness and validity of the remaining provisions shall not be affected. The invalid provision shall replaced by a provision that is legally effective and comes closest to the commercial purpose intended by the invalid provision.