General Terms and Conditions
1. Scope of Application
1.1. These General Terms and Conditions (“GTC”) apply to all contractual relationships of Recruify GmbH (“Recruify”) in the context of personnel placement services provided to a client (“Client”).
1.2. Recruify expressly declares that all contracts and agreements in these areas of business are entered into exclusively based on these GTC. Any deviating terms and conditions of the Client are expressly rejected.
2. Scope of Services
2.1. Within the framework of permanent placement, Recruify recruits, presents, and mediates candidates with the aim of employment with the Client. Recruify conducts an initial selection process and a proper review of the candidate profile based on the requirements specified by the Client and presents suitable candidates. The final selection of a candidate lies solely with the Client. The information provided by Recruify about a candidate is based on the information given by the candidate or third parties (e.g., previous employers). Recruify assumes no warranty for the accuracy and completeness of this information or for the authenticity and correctness of any forwarded documents.
2.2. Additional contractual obligations of Recruify within the scope of relocation services are determined by the service packages selected by the Client, the prices included therein, and the Client’s written confirmation of the order.
2.3. Recruify does not act as a representative of the Client or the service recipient in legal transactions that entail legal obligations—particularly payment or liability obligations—unless otherwise expressly agreed upon in writing between the parties.
2.4. Recruify does not provide legal advice. Any legal information provided is expressly non-binding and constitutes recommendations only.
3. Conclusion of Contract
3.1. Offers made by Recruify are non-binding.
3.2. The contract is concluded through the Client’s signature of the offer or Recruify’s confirmation of the order:
- at the latest, however, by the actual engagement of Recruify.
- in any case, through the Client’s confirmation of employment or the actual commencement of work by a candidate placed by Recruify.
3.3. Both parties must notify each other in writing without delay of any changes to company data or other relevant information, including the revocation or loss of business license.
4. Fees and Compensation
4.1. Recruify is entitled to 50% of the fee upon the Client's confirmation to hire a candidate proposed by Recruify and a further 50% upon the candidate’s commencement of employment. This applies even if:
- the contract between Recruify and the Client is no longer valid at the time of the hiring confirmation and/or employment start,
- the candidate is employed (freelance or salaried) through a third party,
- the candidate is hired for a position other than the originally proposed one, directly or via a third party.
4.2. If the Client enters into a contract with a candidate proposed by Recruify within 12 months of the initial introduction, the Client is also required to pay the above-mentioned fee. The Client must immediately inform Recruify of the hiring decision and disclose the candidate’s annual gross target salary (fixed and variable components). The fee is due even if the contract is concluded by an affiliated or otherwise associated third party (e.g., a group company or recipient of the candidate's data from the Client), or if the candidate works for the Client (or an attributable third party) via temporary employment.
4.3. The applicable fee results from the signed offer or the order confirmation by Recruify. If the assignment is issued without a prior offer, Recruify may charge a fee in accordance with its usual and reasonable terms. The basis for the fee calculation is the annual gross target salary for full-time employment. All fees quoted are exclusive of VAT.
4.4. If a candidate proposed by Recruify has already independently applied to the Client or has been introduced by a third party, the Client must inform Recruify immediately upon receipt of the candidate profile. In such cases, Recruify will cease further services regarding this candidate. If no such notification is given or if the Client wishes to proceed with Recruify's involvement and the candidate is hired within 12 months, Recruify is entitled to charge the agreed fee. The Client agrees to inform Recruify of the start of employment and disclose the gross monthly or annual salary.
4.5. Recruify’s fee does not include costs for drafting contracts, legal or tax advice related to the agreement between the Client and the candidate. Such services must be contracted and paid separately by the Client. Advertisements and other expenses incurred at the Client’s request are not included in the fee and will be invoiced separately, plus VAT.
4.6. Fees for additional relocation services become due upon completion of each respective assignment as defined in the contract. Additional efforts not covered by the agreed services (e.g., non-editable time tracking formats, retroactive invoice adjustments) will be invoiced separately on an hourly basis.
4.7. Third-party costs (e.g., advertisements) must be reimbursed immediately upon submission of receipts, unless agreed otherwise. Additional services not expressly stated in the offer will be billed based on time and materials in accordance with Recruify’s current price list (excluding translation or interpreting costs), unless otherwise agreed.
4.8. Termination of the contract by the Client does not release the Client from the obligation to pay the agreed total compensation. This does not apply if the Client rightfully terminates the contract for cause. In such cases, Recruify is entitled to a prorated fee for services rendered.
Replacement Guarantee
For placements, Recruify provides a one-time replacement guarantee: if an employment relationship with a candidate placed by Recruify and employed by the Client ends for any reason within one month of the hiring decision, Recruify will provide one free replacement for the same position.
5. Payment Terms
5.1. Payments are due within 14 days of receiving the invoice, without deductions and free of charges. If the invoice is not disputed in writing within 8 days, it is deemed accepted regarding the amount. In case of default, Recruify may charge 1% interest per month on the outstanding amount and any collection-related costs, including legal and out-of-court expenses.
5.2. In case of default, Recruify may suspend services and invoice the full fee as if the contract had been fully performed.
5.3. For services (especially within relocation), Recruify may invoice the fee for completed partial services individually.
6. Client Duties / Cooperation Obligations
6.1. The Client must provide all necessary documents, information, and materials in a timely and complete manner at their own cost. Recruify will inform the Client in advance of what is required.
6.2. Recruify is not liable for delays or issues caused by missing documents or non-compliance with deadlines by the Client or service recipients.
6.3. All materials and information provided by Recruify may only be used for fulfilling the assignment and may not be shared with third parties without prior written consent.
6.4. The Client may only process personal data of candidates for the agreed purpose and duration. Upon fulfillment of the purpose, such data must be deleted immediately. The Client confirms that they have taken appropriate measures in accordance with Art. 32 GDPR and have obligated all personnel with access to data to confidentiality.
7. Termination
7.1. Each recruitment assignment may be terminated by either party with 3 months’ notice. Costs incurred up to the date of termination (e.g., advertisement or recruitment expenses) must be reimbursed without deductions (cf. section 4).
8. Liability
8.1. Recruify selects candidates based on their general suitability for the Client’s stated requirements (see section 2). The Client is responsible for evaluating final suitability.
8.2. Recruify accepts no liability regarding the Client’s hiring decisions, candidate qualifications, competence, suitability, or work performance. Recruify is not responsible for ensuring work or residency permits.
8.3. Recruify assumes no responsibility for housing or school arrangements or compliance with administrative deadlines unless explicitly instructed to monitor them.
8.4. Recruify is not liable for legal or notarial fees, translation costs, deposits, commissions (e.g., for real estate), or other fees arising during relocation. Such costs must be settled directly with the relevant service providers.
8.5. Any claims against third parties (e.g., moving companies, utilities, contractors) must be enforced by the Client directly. Recruify assumes no liability for their actions or omissions. Recruify is only liable for damages if it has acted with willful intent or gross negligence and if the candidate’s unsuitability was not already apparent to the Client. Liability for slight negligence is excluded. Liability is limited to the fee per assignment and position as agreed. Recruify is not liable for lost profits, indirect damages, penalties, or interruptions to business operations. These exclusions do not apply to personal injury. Claims must be submitted in writing within five working days of discovery and legally asserted within three months.
9. Data Protection and Confidentiality
9.1. Both Recruify and the Client undertake to treat all business and trade secrets disclosed during the business relationship as strictly confidential. This obligation continues beyond the end of the relationship.
9.2. The Client agrees to comply with the GDPR and Austrian data protection law when processing candidate data. Further details on data processing by Recruify are found in its privacy policy, which the Client acknowledges.
9.3. The Client consents to receiving service information and offers electronically or by post, electronic invoicing, and telephone contact by Recruify.
9.4. When Recruify provides the Client with personal data—particularly special categories or sensitive data—the Client becomes a data controller under the GDPR and must comply accordingly. Any use beyond evaluating or hiring a candidate is prohibited.
10. General Provisions
10.1. Any side agreements or amendments must be in writing.
10.2. The invalidity of any provision of these GTC does not affect the validity of the remaining provisions. Invalid provisions shall be replaced by ones that come closest to the original purpose and mutual intent.
11. Equal Treatment and Fairness
Both Recruify and the Client commit to preventing any form of discrimination. This includes, but is not limited to, discrimination based on gender, race, disability, ethnicity, religion, belief, age, or sexual orientation.
12. Final Provisions
12.1. Offsetting claims against Recruify is only permitted if such claims are either acknowledged in writing by Recruify or legally established. The competent court for 1090 Vienna is agreed as the exclusive jurisdiction. Recruify is also entitled to sue at the Client’s general place of jurisdiction. Austrian law applies, excluding conflict-of-law rules. If any provision is or becomes invalid, the remainder remains in effect and the invalid clause shall be replaced by a valid one reflecting its intended purpose.
12.2. Any changes or amendments to these GTC must be made in writing. This also applies to any waiver of the written form requirement.
For ease of reading, gender-specific language is not used. The male form applies to all genders.
Version: July 2025
