for personnel placement on a contingency basis


  1. These General Terms and Conditions (GTC) apply to all business relationships between indiv HR GmbH and the customer, unless otherwise agreed in writing in advance. These GTC refer to the placement of employees on a contingency basis.
  2. Conflicting, deviating or supplementary general terms and conditions shall not become part of the contract even if we are aware of them, unless their validity is expressly agreed to in writing in advance.
  3. These GTC and all legal transactions concluded with indiv HR GmbH shall be governed exclusively by Austrian law, to the exclusion of all non-mandatory conflict-of-law rules and to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  4. In the event of a legal dispute, it is agreed that indiv HR GmbH shall be subject to the jurisdiction of the competent court in Vienna.


  1. In the case of placement orders, the customer acknowledges the causal search and placement activities of indiv HR GmbH.
  2. Unless otherwise agreed by the parties, indiv HR GmbH's claim to a placement fee is established by the conclusion of an employment contract between the applicant and the client, or by the commencement of work if the written contract is only concluded thereafter.
  3. The fee for the successful placement of an employee is based on the amount agreed in the contract. The fee amounts to 25% of the gross annual target salary (basic annual salary plus contractually agreed annual target bonus) of the placed candidate, but at least 15,000 euros (plus VAT).
  4. The statutory value added tax is shown separately.


  1. The pre-selection of the candidates presented to the customer is made by indiv HR GmbH on the basis of the data provided by the customer, for the correctness and completeness of which the customer is exclusively liable, as well as on the basis of the information provided by the candidate. The selection of the applicant from the candidates presented by indiv HR GmbH is made by the customer.
  2. The services provided by indiv HR GmbH shall in no case replace the detailed examination of the applicant by the client. indiv HR GmbH shall not assume any warranty or liability for the choice of personnel made by the client. indiv HR GmbH does not assume any guarantee or liability for the statements and information provided by the applicants to indiv HR GmbH and for the fact that the applicants are fully capable of performing the work entrusted to them by the contractual relationship.
  3. indiv HR GmbH shall only be liable for gross negligence and intent in the provision of its services, whereby liability for gross negligence shall be limited to the amount of the order sum. The application of § 1298 AGBG is waived. indiv HR GmbH is not liable for loss of profit and consequential damages.
  4. indiv HR GmbH is only liable for its own content on its website. Insofar as access to other websites is made possible there by means of "links" or connections, indiv HR GmbH is not responsible for the third-party content contained there. The foreign contents are not made by indiv HR GmbH to own contents. indiv HR GmbH commits itself to cancel the "linking" to these sides immediately with knowledge of illegal contents.


The customer undertakes to keep secret all information about or data concerning applicants, which are transmitted or otherwise made known to him by indiv HR GmbH, and in particular not to pass them on to third parties. The customer further undertakes not to forward applicants presented by indiv HR GmbH to third parties or to otherwise contribute to the establishment of contact between these applicants and third parties. The customer further undertakes to inform indiv HR GmbH immediately of the conclusion of a contract with an applicant presented by indiv HR GmbH, for whom the customer had not originally decided, at a later point in time. In case of a recruitment within 12 months from the presentation of the candidate, the placement fee is due immediately.

In case of violations of these obligations a contractual penalty of € 15.000,00 per violation is agreed upon, further claims for damages and contractual claims of indiv HR GmbH remain unaffected. In case of a conclusion of a contract between the customer and an applicant presented by indiv HR GmbH within a period of one year from presentation or disclosure of the applicant's data to the customer, the customer explicitly acknowledges the merit of indiv HR GmbH for the conclusion of the contract, especially if the customer has rejected the applicant within the scope of the order placed with indiv HR GmbH and this applicant is later referred to him by a third party or the contact between the customer and the applicant is established by himself or in whatever way by a third party. This acknowledgement also applies to contract conclusions of the applicant with companies within the economic sphere of influence of the customer.


indiv HR GmbH is committed to complying with all relevant points of the DSGVO. Furthermore, the greatest possible care in handling customer and candidate-specific information is a matter of course for us. The customer or client is responsible for the data protection of the personal data transmitted by us and the corresponding compliance with all relevant provisions of the DSGVO.


  1. indiv HR Ltd. advertises in its offers to resume the search for personnel, provided that the employment relationship concluded with the selected candidate ends within a period of 3 months from the start of work for whatever reason. If within a period of 6 months from the date of the announcement of the termination of the employment relationship no candidate corresponding to the job profile can be presented, 50 % of the fee shall be refunded. The customer has to inform indiv HR GmbH immediately about the termination of the employment, otherwise the guarantee expires.
  2. For this renewed personnel search indiv HR GmbH does not charge a separate placement fee, accruing cash expenses, especially advertisement costs and other direct costs, are not part of the guarantee promise but will be borne by the customer according to agreement.
  3. If, in the course of a backfill - even within the guarantee period - the job profile on which the advertised position is based is changed, this is a new order and does not fall under the guarantee promise mentioned. In the event of a subsequent filling of a position by the customer itself, no placement fee will be refunded - even within the guarantee period.
  4. A free personnel search based on a guarantee obligation is borne by indiv HR GmbH only once. The guarantee service is therefore valid for one backfill per search order.


  1. If direct costs arise during the personnel search, in particular advertising costs, these are not included in the agreed placement fee and are agreed separately with the customer.
  2. indiv HR GmbH shall use its best efforts to ward off claims for travel expenses from applicants who are invited to personal interviews at indiv HR GmbH and/or the customer. Should an obligation of indiv HR GmbH nevertheless arise to pay costs of travel to the interview, these costs shall be borne by the customer.


  1. Invoices issued by indiv HR GmbH are due for payment within 14 days without any deductions.
  2. If the payment deadline is exceeded, statutory interest on arrears (entrepreneurial interest) shall be charged in accordance with § 1333 para. 2 ABGB (Austrian Civil Code).
  3. All fees quoted by indiv HR GmbH are exclusive of statutory value added tax.


  1. Possibility for project termination: The personnel search can be terminated by indiv HR GmbH five months after the order has been placed if candidates have been presented by then but no employment contract has been concluded. In this case, only agreed direct costs for the advertisements are due for settlement.


  1. The basis for the provision of services by indiv HR GmbH is initially its offer. Otherwise, these general terms and conditions shall apply in any case.
  2. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.

indiv HR GmbH, Vienna