for the commercial transactionGeneral Terms & Conditions
Our quoted fees are net, excluding VAT.
2. Payment Conditions
Invoices are due for payment promptly and without deduction. The same applies to external costs and advance services such as advertising costs, travel expenses, etc
3. Delayed Payment
In case of payment delays the lawful default, interest rates apply. All arising costs for reminder fees and prosecution, particularly costs for a collection agency, will be invoiced separately.
In business transactions, liability is only assumed for gross negligence and wilful misconduct.
5. Assertion of claims
Claims of any kind cannot be offset against any other claims.
6. Cancellation terms
In the case of personnel search and selection, Executive Search, mailbox and competence analysis/audit orders, the first partial payment on the occasion of placing the order, is due in any case, also if cancellation on the part of the client takes place. If the project is cancelled during the ongoing process or interrupted (“on hold”) by the client or relevantly changed in the sense of the position requirement for longer than 1 month, the next due third of the fee will be invoiced from the time of cancellation.
7. Personnel Search & Selection, Executive Search: General Conditions
HILL International does not assume any warranty or liability for the information provided in documents of the applicants (including available documents, certificates, etc.), especially not for their accuracy, actuality, completeness, quality and/or usability.
If the job or requirement profile is changed in significant points during the ongoing process, a new requisition must be submitted.
If more than one of the presented candidates is accepted, the conditions specified in the offer will be due per additional person contracted. In the event of multiple appointments, no success guarantee will be provided.
If the client wishes to organise a candidate presentation abroad and if flight or hotel bookings have to be arranged for this purpose, it is agreed that this will be organized and paid for by the client. In case the client commissions HILL International with this organisation, the first third of the project fee will be increased by 10% as a handling fee. This requires a separate written agreement.
For uch assignments it is agreed that HILL International is exclusively entrusted with the search and selection order.
Furthermore, the following regulations apply:
If the candidate presentation does not take place within a reasonable time frame (max. 2 weeks after sending the shortlist) due to delays caused by the client and therefore the suitable candidates have been oriented elsewhere, then an additional third of the order value will be charged for a new search process.
Should the signing of the contract be delayed by the client for more than two weeks after the successful candidate presentation and decision making, and then the candidate is no longer available because of this reason, the position will be considered complete and the last partial payment will be due.
All candidates who apply directly to the client during the assignment will be included in the search and selection process. This has no influence on the agreed fee. The client forwards the application documents to HILL International.
8. Protective Regulations
All results of the selection procedures remain to the property of HILL International. The application documents are to be treated as strictly confidential and if not longer used, they must be returned to HILL International and are not to be passed on to third parties.
If a candidate provided by HILL International is employed within 12 months either directly by the client, in an affiliated company, or even as a freelancer, HILL International is entitled to the arranged fee; such circumstances must be reported in writing without delay.t, in an affiliated company, or even as a freelancer, HILL International is entitled to the arranged fee; such circumstance, must be reported in writing without delay.
9. Personnel Search & Selection, Executive Search: Guarantee
For recruitment and selection assignments such as executive search (except for mailbox, golden selection and multiple placements), the HILL guarantee means a one-time free replacement for exactly the position originally assigned, for example if the candidate does not start the employment after signing the contract or if the employment is terminated by the employer or the employee within the period agreed in the offer after the start of the employment. This exemption from costs does not apply to external costs such as advertisements and possible travel expenses. The guarantee claim is based on the full fulfilment of the contractual agreements of the employer towards the employee (e.g. deployment in the agreed field of work, fulfilment of the monetary contractual agreements, etc.).
The guarantee can be called up within two weeks after the guarantee case has become known, otherwise the guarantee claim expires.If due to the reasons within the sphere of the client or the employer, in particular due to
1. a structural change in the employer´s company,
2. an internal filling of the position advertised via HILL International
3. an unexplained decision-making authority in the internal relationship of the client or the employer, makes it impossible to successfully fill the commissioned position or if the employment relationship is terminated within the period of time agreed upon in the offer, the contract is considered fulfilled by HILL International and the client is liable to HILL International for the actual interest in fulfilment or the employer bears the price risk. In such a case, the HILL guarantee is expressly excluded.
If guarantee service is refused by the customer at the time of contract conclusion, any further guarantee service by HILL International is forfeited.
In the case of warranty searches, the usual contractual conditions apply.
10. Communication and data protection
The client agrees to the inclusion of his address data in the customer database of HILL International and expressly agrees receiving faxes and e-mails for the purpose of marketing information and direct advertising from HILL International's own similar products or services. This consent can be revoked in writing at any time.
All information and data provided by the client within the scope of the contract are treated confidentially in accordance with the applicable data protection guidelines and are not made accessible to third parties.
11. Court of jurisdiction
The place of jurisdiction shall be the competent court in Linz, unless other mandatory statutory provisions are stipulate. Austrian law shall apply.Any agreement deviating from these terms and conditions must be expressly confirmed in writing by HILL International in order to be valid.
Version 2.3 / Linz, März 2021
HILL International, Österreich, Linz