General Terms & Conditions
Preamble
All and any business undertaken by KLEY CONSULTING is transacted subject to the terms and conditions hereinafter set out, each of which shall be incorporated or implied in any agreement between KLEY CONSULTING and the client. In the event of conflict between these terms and conditions and any other terms and conditions, the former shall prevail unless otherwise expressly agreed by KLEY CONSULTING in writing. KLEY CONSULTING is acting in the capacity of an employment agency. Any amendments to these terms and conditions must be in writing and signed by an authorised representative of KLEY CONSULTING.
Recruiting Process
Role Definition
When specifying the requirements for a particular role the client shall provide Kley Consulting with all role details which include but are not limited to duties of applicant, required skills, qualifications, permits, projected start date of employment, anticipated yearly remuneration. When assessing the suitablity of an applicant, KLEY CONSULTING shall place reliance on the Role Details provided by the client. KLEY CONSULTING agrees to obtain the applicant's confirmation that the applicant has the experience, training, qualifications and/or authorisations specified in the role details.
Introduction
All fees are expressed and calculated as follows of the applicant's first year's anticipated gross remuneration which shall include guaranteed and non guaranteed elements and any other financial emoluments that have been provided to act as an incentive to the applicant to join the client. The money due shall be paid by the client within thirty days of the invoice date.
Fees & Payment
The fee will be disclosed upon a potential cooperation. A minimum fee of CHF 2'000.- will be charged.For a part time contract, the percentage will be augmented up to 100% for calculation and then there will be a drop of the percentage in order to get the correct fee.
VAT
Value added tax of 8% will be charged in addition at the appropriate rate.
Executive Search
If KLEY CONSULTING provides an advertising service to the client due to an executive search contract, a search fee of CHF 2'000.- plus VAT will be charged. The additional employment fees will be according to point 2.
Guarantee
The client notifies KLEY CONSULTING in writing of the termination of engagement within seven days of such termination.
The client or any person, firm, body, or corporation associated with it shall not engage the applicant within twelve months from the date of such termination
The termination is not due to redundancy, corporate structure, change of management, job description or role details, pregnancy, illness or injury
All the monies due from the client have been paid in accordance with these terms and conditions.
KLEY CONSULTING shall endeavour to find one replacement applicant at no extra cost to the client except for agreed additional advertising costs.
In the event of an engaged applicant leaving within 100 days, either a free replacement can be provided.
If the position won't be filled in for several reasons, we will refund part of the fee. 100 days will be equivalent to 100%; if a candidates leaves after 43 days, 57% of the fee will be refunded.
Limitation of Liability and Indemnification
KLEY CONSULTING shall not be liable for any loss of profit, loss of business, loss of use or any indirect, special, punitive or consequential damages any loss, injury, liability, damage, expense or delay incurred or suffered by the client arising directly or indirectly from or in any way connected with an engagement, provided that nothing in this clause shall be construed as purporting to exclude or restrict liability of KLEY CONSULTING to the client for any exclusion or limitation of which is prohibited by the law.
Any circumstances allegedly giving cause for complaint about an applicant or an invoice must be notified to KLEY CONSULTING and confirmed in writing as soon as the cause of the alleged complaint arises.
KLEY CONSULTING shall not be held liable for any failure or delay in performing its obligations under these terms and conditions where such failure or delay is caused by events beyond its reasonable control.
Applicable Law and Jurisdiction
These terms and conditions shall be governed and construed in accordance with Swiss Law and the parties submit to the exlusive jurisdiction of the ordinary Courts in Zug, where KLEY CONSULTING is situated.
The arrangement of an interview, or the interview of any applicant introduced by KLEY CONSULTING whether effected by KLEY CONSULTING directly or by the client shall be deemed to be acceptance of any agreement to KLEY CONSULTING's terms and conditions by the client, except that where KLEY CONSULTING is retained by the client for a specific assignment. KLEY CONSULTING's terms and conditions shall apply upon acceptance by KLEY CONSULTING of the retained assignment.
In the event that any applicant introduced by KLEY CONSULTING is employed or engaged in any capacity by the client within 12 months of the last introduction date, the client shall pay the applicable fee to KLEY CONSULTING in accordance with condition 2.
The applicable fee is also due to KLEY CONSULTING if the client introduces or re-introduces an applicant to another person, firm, body, or corporation associated with it resulting in the engagement of the applicant by that person, firm, body, or corporation within twelve months of the date on which the applicant was introduced to the client by KLEY CONSULTING.
The introduction of an applicant or the provision of an applicant's details is done on a strictly confidential basis and is conditional upon the client agreeing not to disclosed any information about an applicant to any other person, firm or corporation without KLEY CONSULTING's prior consent. In particular, the client shall not approach the applicant's referees or current employer unless and until the applicant has formally accepted the client's written offer of engagement.
The client shall be responsible for arranging all investigations of the applicant and for obtaining any work and other permits and shall satisfy itself as to the suitability of any applicant prior to any engagement.
KLEY CONSULTING shall endeavour to ensure the suitablity of an applicant and to maintain a high standard of service and integrity, but makes no warranty, express or implied, as to such suitablity. The client shall immediately inform KLEY CONSULTING should there be any reason or circumstance under which it would be detrimental to the interests of KLEY CONSULTING, the client or the applicant for the applicant to take up a position with the client.
