General Terms & Conditions (GTC)
These general terms and conditions (“GTC”) apply to the business area of Edl Consulting AG, Haldenstrasse 14, 8716 Schmerikon, Switzerland (hereinafter “company”). These GTC apply to the services which the company provides directly and indirectly to the customer.
2. Conclusion of contract
The conclusion of the contract comes about through the acceptance of the company’s offer regarding the purchase of services by the customer. The contract is also concluded when the customer uses the services offered by the company.
Subject to other offers, all prices are stated in euros (EUR) or Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT). Prices are exclusive of any other applicable taxes.
The company reserves the right to change prices at any time.
The customer is obliged to pay the invoiced amount within 20 days of the invoice date. Unless he has already paid the amount in advance (advance payment).
If the invoice is not paid within the aforementioned payment period, the customer is in default and the customer will be warned. From the time of default, the customer owes default interest of 5% of the invoice amount as well as reminder fees of 80.00 (1st reminder) and 240.00 (each additional reminder).
The company reserves the right to demand advance payment at any time without giving reasons. Offsetting the invoiced amount against any claims the customer may have against the company is not permitted. The company has the right to refuse the service, the delivery of the product or the grant of the license in case of late payment.
5. Company Obligations
Unless otherwise agreed, the company fulfills its obligation by providing the agreed service. The service includes the services that were agreed in writing at the time the contract was concluded.
The parties have the express right to call in auxiliary persons to fulfill their contractual obligations. You must ensure that the auxiliary person is consulted in compliance with all mandatory statutory provisions and any collective employment agreements.
Both parties have the right to withdraw from the contract at any time. The withdrawing party must reimburse the other party in full for the expenses already incurred. The customer will be charged for the costs caused by the withdrawal.
Liability for any indirect damage and consequential damage is completely excluded. Liability for direct damage is limited to the sum of the service purchased by the customer. This limitation of liability does not apply to direct damage caused by gross negligence or intent. The customer is obliged to report any damage to the company immediately. Any liability for auxiliary persons is completely excluded.
These general terms and conditions can be changed by the company at any time. The new version comes into force by publication on the company’s website. For customers, the version of the General Terms and Conditions that is in force at the time the contract is concluded applies. Unless the customer has agreed to a newer version of the GTC.
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these General Terms and Conditions take precedence over these General Terms and Conditions.
10. Severability Clause
Should a provision of this contract or an enclosure of this contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties will replace the ineffective provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.
Both parties, as well as their auxiliaries, undertake to treat all information submitted or appropriated in connection with the services as confidential. This obligation remains even after the termination of the contract.
12. Force Majeure
If timely fulfillment by the company, its suppliers or engaged third parties is prevented as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or . reactor damage is impossible, the company is released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the company can withdraw from the contract. The company must reimburse the customer in full for any payment already made.
Any further claims, in particular claims for damages as a result of vis major, are excluded.
13. Governing Law / Jurisdiction
These GTC are subject to Swiss law. The court at the registered office of the company is responsible unless mandatory statutory provisions apply. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) is explicitly excluded.
General terms and conditions (recruitment in Switzerland)
Based on an oral or written order from the customer company to Edl Consulting AG, the company is looking for the appropriate personnel.
Edl Consulting AG is licensed to provide employment services. The approving authorities are the AWA, Office for Economic Affairs and Labor Canton of St. Gallen, PO Box 2, 9001 St. Gallen and the State Secretariat for Economic Affairs SECO, Effingerstrasse 31, 3003 Bern.
1. General content of the contract
Edl Consulting AG conducts interviews, career discussions and aptitude tests with applicants to determine their exact suitability. The people selected in this way are proposed for review with a detailed dossier from the customer company. Additional information about the personal impression, references and a personal meeting with the shortlisted candidate should then enable the customer company to make a secure selection decision.
If an application proposal from Edl Consulting AG does not meet the customer company’s expectations, it agrees to immediately return or destroy the documents it has already received. The customer company is not obliged to accept an application proposal.
Edl Consulting AG avoids the obligation to find a suitable specialist for the customer company, but will endeavor to do justice to the customer’s expectations.
2. General Limitation of Liability
Claims for damages against Edl Consulting AG are excluded unless there is intentional or grossly negligent behavior.
3. Mandate for personnel search
The mandate includes the search for suitable candidates on various channels, such as the Edl Consulting AG network, the Internet, advertising campaigns, etc.
Edl Consulting AG continuously informs its client company about the development of the search order. A mandate is unlimited and can be made by both contracting parties at any time and without giving reasons. Termination must be in writing.
If a contract for work is concluded between the customer company and a candidate suggested by Edl Consulting AG, Edl Consulting AG is entitled to a success fee. The fee is exclusive of VAT and depends on the candidate’s professional experience and training as well as the current market conditions and the candidate’s contractually agreed salary.
The brokerage fee is discussed and determined individually with the customer company.
The fee is part of the brokerage agreement and includes all additional costs and expenses of Edl Consulting AG. The customer company therefore incurs no additional costs.
Edl Consuling AG strives to offer satisfactory solutions and competitive conditions.
If the customer company enters into a permanent employment relationship with a candidate suggested by Edl Consulting AG within 12 months of the written agreement, it is obliged to pay the agreed fee.
If the contractual relationship between the customer company and the placed applicant is terminated prematurely, the customer company will not receive any reimbursement.
6. Payment date
Edl Consulting AG invoices immediately after the contract is concluded with the customer company and is payable within ten days.
7. Data protection
The client confirms that the data received from the person to be placed will only be used as part of the recruitment process and will not be passed on to third parties.
8. Place of Jurisdiction
The place of jurisdiction is the registered office of Edl Consulting AG.