General Terms and Conditions for the Czech Republic
of Talentor Advanced Search, s.r.o. and Advanced Search Technology, s.r.o., hereinafter referred to as "Talentor".
(as of June 2024)
§ 1 General information
1 The following terms and conditions apply to all contracts concluded between Talentor Advanced Search, s.r.o. or Advanced Search Technology, s.r.o. (hereinafter referred to as "Talentor") and the client (hereinafter referred to as the "Client"), in particular for the search, placement, staffing and hiring of employees or freelancers, including the provision of related services such as the placement of advertisements or the provision of expert opinions (personality profile analyses, attention and social skills tests), etc. and the provision of software licences (collectively referred to as "Software"). (hereinafter referred to as "Projects" or "Candidates"; the Client and the Candidate are collectively referred to as "Contractors") or who have been recommended by Talentor as freelancers to the Client (the orderer of the work) (the Client and the freelancer are collectively referred to as "Contractors"). They also apply to all future contracts concluded within the framework of the business relationship, even if they are not expressly renegotiated.
2 Talentor enters into contracts solely on the basis of these GTC and rejects provisions of the Client's GTC that deviate from these GTC and have not been expressly acknowledged in writing by Talentor.
3 The conclusion of a contract with Talentor is governed by the general principles of civil law; a contract with Talentor is therefore concluded in particular by the signing of an offer or order confirmation by Talentor and the Client, the agreement between the Client and the Candidate identified by Talentor on the relevant terms and conditions of a contract for services, freelance services, work, contract or other employment contract ("Employment Contract"), the inclusion of the Candidate in Talentor's Candidate Database or the commencement of work by the Candidate or freelancer for the Client or the Client.
4 Talentor's offers are binding within two weeks of their submission.
§ 2 Exchange of information and responsibility
1 Clients and applicants are obliged to submit the documents requested in connection with real estate contracts promptly and in full and to inform Talentor of all events and circumstances that may be relevant to the contracts in question. This applies in particular to all facts relating to the client's business that may affect the scope of work, the place of work or the remuneration to which the recommended employee is entitled, as well as to documents, processes and circumstances that only become known in the course of Talentor's work. Talentor shall be entitled to charge damages resulting from incorrect, outdated or incomplete information provided by the client, the candidate or the external employee, in particular for wasted efforts in the execution of assignments, in accordance with the hourly rates applicable within the company. This applies in particular if the candidate has already registered with the client, but Talentor has not been immediately informed of this fact.
2 Unless otherwise agreed in the individual contracts, Talentor does not guarantee the achievement of a specific search result and, in particular, does not guarantee the finding of candidates or freelancers who match the search or assignment within a certain period of time.
3 If Talentor finds candidates that match the search or assignment, Talentor is responsible for ensuring that the appointed candidates or freelancers have the qualifications (= professional training) required for the assignment intended by the client, but any further liability or guarantee on the part of Talentor is excluded. In particular, Talentor shall not be liable for the performance of the appointed candidates or for any damage caused by such candidates in the performance of their work or as a result of their tardiness, failure to appear for work or other misconduct. The client also undertakes to indemnify Talentor against any claims for damages from third parties.
4 The customer is also obliged to check the tenderer's qualifications and, if necessary, to report any defects immediately; Talentor is only liable for damage caused intentionally or by gross negligence resulting from its own actions; compensation for financial loss is in any case excluded.
§ 3 Special provisions for recruitment services
1 The subject matter of the recruitment service is the search, selection and nomination (appointment) of a candidate who meets the requirements, in particular the candidate profile/job description provided by the client. Additional services (placement of advertisements, expert opinions, etc.) will be charged separately.
2 Costs and fees are based on the type and scope of the assignment, with the final costs and fees being set out in writing in the offer with the confirmation of the assignment. The binding period for offers is normally four weeks.
§ 4 Special provisions for the mediation of cooperation with freelancers.
1 For the purposes of these GTC, collaboration with freelancers means the use of a bidder who has a trade licence at the time the contract is concluded and who is commissioned by Talentor as a subcontractor (i.e. as an independent contractor, hereinafter referred to as "freelancer") for project contracts between Talentor and the client (hereinafter referred to as "work contracts" or "client").
2 Talentor shall be responsible for ensuring that the Freelancer is in possession of a valid business licence at the time of the conclusion of the Work and Service Agreement. The Client shall be responsible to Talentor for ensuring that the Freelancer is not personally or economically dependent within the meaning of the statutory provisions as a result of the actual performance of the Agreements in question and shall indemnify Talentor in the event of claims by trade, social, tax or other public authorities in respect of obligations arising from the cooperation with the Freelancer.
3 Talentor shall not be liable to the Client for the actions of the Freelancer.
4 The Client is obliged to inform Talentor at the end of each calendar month of the extent to which the Freelancer has provided services to the Client; the Client is also obliged to confirm the extent of the services provided to the Freelancer when submitting the Freelancer's work statement.
5 All intellectual property rights arising in connection with the performance of the work contract shall only pass to the Client upon full payment; Talentor shall be entitled to a reasonable royalty for the use of such intellectual property rights for the period between the termination of the work contract and full payment.
§ 5 Data protection and confidentiality
1 The client shall treat all information about candidates or external personnel recommended by Talentor as confidential and shall not pass it on to third parties. The same applies to candidates and external staff with regard to information received from clients.
2 The client and the candidate or freelancer agree that their data, which has become known to Talentor in the course of the business relationship, may be stored and automatically processed internally by Talentor; in particular, they also agree that the data may be transmitted for the purpose of commencing employment or related contracts or that the data may be used to inform clients, candidates and freelancers about legally or economically relevant topics (newsletters).
3 Talentor assures clients and candidates that all information provided to it will be treated confidentially, but that it is entitled to make use of third party professionals in the execution of the contract, subject to this confidentiality obligation.
§ 6 Fees
1 Unless otherwise stated in these GTC, all fees are due upon conclusion of the placement agreement within the meaning of §§ 2445 et seq. of the Civil Code, the employment contract between the recommended candidate and the client, or upon award of the contract, or upon submission of the monthly statement of work for consulting services or payroll accounting and HR administration outsourcing services, and are payable net within 14 days of receipt of the invoice. In the event of a delay in payment, Talentor shall be entitled to charge interest on arrears at the statutory interest rate under the Civil Code. Any set-off against Talentor's claims shall be excluded.
2 If the Client or a company with which the Client has a personal or business relationship concludes a (different) employment or similar agreement with a Candidate or an external employee nominated by Talentor within twelve (12) months of receipt of the Candidate's details, the Client shall also be obliged to pay Talentor a success fee in accordance with the terms and conditions applicable at the time of concluding the agreement. The Client or the person who commissioned the work is obliged to inform the company to which he is personally or economically linked that Talentor is entitled to the corresponding remuneration in the event of an employment relationship.
3 In any event, the client and the candidate or freelancer must notify Talentor immediately and in full of the conclusion of the employment contract with the client or company referred to in paragraph 2, as well as of the circumstances relevant to the calculation of the remuneration, but no later than one month after the conclusion of the contract or, if no contract has been concluded, after the actual commencement of the employment relationship. In the event of default on the part of the client, Talentor shall be entitled, in addition to the success fee or remuneration normally charged by Talentor for the placement of the freelancer, to demand a contractual penalty of 10% of the gross annual target salary of the applicant or the estimated gross annual remuneration of the freelancer, for which the applicant or the freelancer and the client shall be jointly and severally liable.
4 In addition to the contractual fee or success fee and the otherwise agreed fee, Talentor is always entitled to invoice expenses and extraordinary additional costs (travel expenses of applicants, interviews or selection procedures abroad, etc.).
5 Invoices shall be issued electronically.
§ 7 Termination of the agreement
1 The contract may be terminated in writing by either party at any time with a notice period of 14 days to the end of the month, or for good cause at any time without notice.
§ 8 Final provisions
1 Unless otherwise expressly stated in Talentor's notices, agreements and information, all amounts stated are exclusive of taxes and fees payable in accordance with the statutory provisions.
2 The place of jurisdiction for all disputes arising out of or in connection with contracts between the client or freelancer and Talentor shall be Prague. The laws of the Czech Republic shall apply.
3 Agreements that amend or supplement the provisions of these GTC must be made in writing. This also applies to the amendment of this provision on written form. Written notices may be sent by registered mail or by e-mail to the e-mail address most recently provided to Talentor.
4 Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity and binding nature of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision and is legally valid.
5 For ease of reading, no distinction has been made between the masculine and feminine genders in these General Terms and Conditions, and the masculine gender is used in each case; however, the word in question applies to both genders.