Terms and conditions

General terms and conditions for commercial transactions

1. Prices

Our quoted fees are net, excluding VAT.

2. Payment conditions

All bills must be paid promptly and in full. The same conditions apply to external costs and advance payments such as advertisement or travel costs.

3. Delayed payment

In case of payment delays the lawful default interest rates apply. All arising costs for monition and prosecution, particularly costs for a collection agency, are taken into account separately.

4. Liability

In business transactions, liability is accepted only in cases of wilful misconduct or gross negligence.

5. Assertion of claims

Claims of any kind cannot be offset against any other claims.

6. Cancellation terms

The down payment due at the date of commission expires in any case of retreat by the client. If cancellation takes place up to two weeks before the beginning of the project, 50% of the commission sum, after that 100% of the commission sum is due. The reference date is the first appointment of the project in question. Cancellation fees are not subject to judiciary mitigation.

7. Personnel Search & Selection: General Conditions

If the candidate presentation does not take place within an adequate timeframe (max. 1-2 weeks after sending of the Short List) due to reasons caused by the customer, and adequate candidates have therefore oriented themselves differently, a new search process necessary for these reasons is charged with a further third part of the order value in addition.

If the position resp. requirement profile is changed in its essential content in the course of the process, a new search order must be placed.

If the customer should delay the signing of contract after successful candidate presentation and basic decision for an applicant by more than four weeks, and for this reason, the candidate no longer is available, the position is still regarded as filled, and the last partial payment is due.

In the case that more than one of the presented candidates is accepted, additional 2/3 of the total fee are calculated per accepted and contracted candidate. In this case the guarantee is only valid when the requirements profile of the position to be allocated exactly matches the search profile of the position originally stated in the contract.

If the customer wishes a candidate presentation outside of the home country of the applicant, and flight and hotel reservations are to be made, it is regarded as agreed that this is organized by the customer. In the case that the customer contracts HILL International GmbH for the organization of customer presentation outside of the home country of the applicant, the first third of the project fee is increased by a processing fee up to 10%. This requires a separate, written agreement.

It is seen as agreed that HILL International GmbH is exclusively contracted with the search order.

All candidates that apply directly to the customer are included in the search & selection process. The customer will forward the application documents to HILL International GmbH.

8. Disclosure to subcontractors

HILL International GmbH is entitled to commission subcontractors to fulfil its obligation to perform.

9. Personnel Search & Selection: Safeguarding provisions

All results of the selection process remain the property of HILL International GmbH. Documents of application are to be handled with strictest confidentiality. They must be returned to HILL International GmbH in case of non-use and may under no circumstances be passed on to third parties.

If a candidate presented by HILL International GmbH is employed in the next 12 months directly by the client, by an associated business or as a freelancer,

HILL International GmbH is entitled to the agreed fee. Such circumstances must be given notice of immediately in a written form.

10. Personnel Search & Selection: Guarantee

HILL International GmbH guarantee is good for a one-time cost-free refilling of the originally commissioned post if a contract is dissolved by the employee during the first six months. If the employee recommended by HILL International GmbH leaves the client during the first six months after signing the contract, the search and selection procedure is repeated once for free. This freedom of charge does not apply to external costs such as advertisements or travel fees. The guarantee can be claimed a period of six weeks after the emerging of the guarantee case. Otherwise, the claim expires.

If because of reasons belonging to the sphere of the client, particularly because of

>     a structural change in the client's company,

an internal filling of the position advertised through

>     HILL International GmbH unclear internal decision competences in the client's company,

the position cannot be successfully filled, or the contract is dissolved during the first six months, the contract with HILL International GmbH is regarded as fulfilled and the client is liable to HILL International GmbH for its fulfilment, i.e. the client carries the risk. In such cases, the HILL International GmbH guarantee explicitly does not apply.

HILL International GmbH assumes no guarantee or liability for information contained in documents, which were provided by applicants (including available documents, certificates, references, etc.). This includes especially the correctness, up-to-datedness, sufficiency/completeness, quality and/or usability of this information. If the customer denies the guarantee at the time of contract conclusion, any further guarantee service by HILL International GmbH expires. In case of guarantee services, the usual contract conditions apply.

11. Communication and data protection

All information and data, which the client transmits within the context of the contract are treated as confidential and subject to the regulations pursuant to the provisions of data protection law, in particular, the EU General Data Protection Regulation and are not made accessible to third parties.

All the business partners of HILL International GmbH are obliged to observe and comply with the provisions of data protection law, in particular the EU General Data Protection Regulation when processing data. Should a loss be incurred by HILL International GmbH by virtue of its business partner having breached the provisions of the data protection law, the business partner shall be held liable for this breach and must fully indemnify and hold HILL International GmbH harmless.

12. Court of jurisdiction

The court of jurisdiction is the Vienna court of competent jurisdiction if nothing else is defined for compelling judiciary reasons Austrian law applies.

To attain validity HILL International GmbH must explicitly confirm any arrangements differing from these conditions in written form.

Vienna, April 2018

HILL International GmbH

Austria, Wien