Terms of Service

The following general terms and conditions apply to all contracts concluded between the contractor (ISG Personalmanagement GmbH, hereinafter “ISG”) and the client.

These general terms and conditions apply to all existing legal relations with ISG, both current relations and those in the future, in connection to the services indicated in clause 2, providing nothing to the contrary is agreed to in writing in individual cases.

Contractually agreed upon services are services for the recruitment, hiring and assignment of employees, services from the training and personal development sector as well services for employee ecruiting communications and the placing of advertisements (both online and print).

Only the general terms and conditions here given apply. Any conditions in the client’s general terms and conditions which deviate from ISG’s existing terms and conditions and are not expressly recognised by ISG in writing are not binding, even if ISG has provided the services without having expressly objected to said deviations in writing.

Contracts with ISG shall be concluded in accordance with the general principles of civil law. A legally binding contract with ISG may also be concluded via the signing of an offer or via the client confirming an order.

Separate terms and conditions for candidates can be found on the ISG job portal www.isg.com/jobs.

1. Basis for, and validity of, an offer

An offer shall be made based on the information provided to ISG by the client. Only creating an offer does not form the basis for a legally binding obligation, neither for the client, nor for ISG. The offer shall remain open for acceptance for a period of 2 weeks once said offer has been sent to the client.

2. Services and commencement of services

The offer, including the general terms and conditions at hand and the duly signed confirmation of the order, shall form the complete agreement between the client and ISG and shall replace any oral and written communications which may have previously been made.

The contract shall first have been concluded when the client presents their order confirmation in a written form as a letter, fax, pdf attachment to a mail or in another non-editable form. Only then can services be provided (commencement of order/project). ISG is liable for providing the services described in the offer, but not for a certain level of economic success. The order shall be carried out according to the principles of proper professional practice, in particular the principles of personal responsibility, diligence, independence and confidentiality. The services defined in the offer shall be deemed to have been rendered once they have been successfully provided.

3. The clients‘ obligation to co-operate

The client shall provide ISG with all the documents, data and information required in order to carry out the order. This also applies to any processes and circumstances which make themselves known whilst ISG is performing its activities.

The customer shall reimburse ISG for any additional expenses it incurs due to the customer’s failure to co-operate sufficiently or if the customer fails to meet deadlines or keep appointments.

4. Employees, use of third parties

ISG will deploy employees and third parties as required in order to perform services in a timely manner and to the necessary level of quality. These are bound to the applicable data protection guidelines by a data protection agreement.

5. Confidentiality and data protection

“Personal data” means any data relating to an identified or identifiable natural person (hereafter referred to as “data subject”). “Confidential data” means any business and trade secrets.

Recipients of personal and/or confidential data shall, with reference to this contract and to personal and/or confidential data disclosed in relation to this contract which the disclosing party designates as confidential, protect the personal and/or confidential data to a sufficient degree, according to the data protection regulations as amended and shall only use said data in order to carry out the obligations arising from this contract.

ISG may, in accordance with the applicable regulations, disclose personal and/or confidential data of the clients to sub-contractors and associated companies. ISG shall implement technical and organizational measures appropriate to ensure transparent and secure processing of personal and/or confidential data, in particular conclude data processing agreements.
All disclosed personal data shall be processed in accordance to the regulations of GDPR and other data protection regulations as amended.

None of the other parties may use the names, brands, logos, commercial names and/or trademarks of the other party without said party first giving their written consent. These regulations also apply to the termination and/or fulfilment of the contract.

6. Reimbursement and issuing an invoice

The services shall be provided at the binding prices and according to the terms and conditions given in the written confirmation of the order. All prices or daily rates and expenses incurred are exclusive of value-added tax.

7. Payment conditions, delay

All invoices from ISG shall be paid in full within 8 days of having been issued, providing the order does not contain anything to the contrary. In the event of a default in payment, statutory default interests shall apply. In the event of default, the client shall be obliged to bear all expenses associated with the collection of the claims, in particular collection expenses or any legal costs.

8. Liability

ISG shall pay compensation or compensate for wasted expenditure to the full amount only for malicious intent and gross negligence; in cases of malicious intent and gross negligence by vicarious agents, ISG is only liable to the amount of those damages which are typically foreseen at the time of concluding the ontract and which are to be prevented by the obligation that is breached.

For cases of simple negligence, ISG shall, if an essential obligation towards the customer is breached, only be liable to the amount of the typically foreseeable damage to be prevented by the obligation that is breached. The amount shall in any case always be limited to the value of the order. ISG is not liable for the breach of accessory obligations.

9. Rights of use

The client shall ensure that the results to be provided are not passed on to third parties in a professional context.

10. Termination of a contract

An order resp. search request may be terminated by both parties in writing with effect at the end of the month, subject to a 14-day period of notice.

11. General conditions

The rights and duties arising from this contract may be relinquished or transferred in another manner without the previous express and written consent of the other party.

ISG is entitled to transfer right and obligations arising from this contract to an associated company without the customer’s consent.

Ancillary agreements, amendments and modifications to this contract and the offer in particular must be in written form in order to be valid.

Should one or more of the provisions in these terms and conditions be partially or wholly ineffective, then this shall not affect the validity of the remaining provisions of these terms and conditions.

Subject to the written form requirement, the client confirms and recognises the following:
that ISG and the customer may communicate via email over the internet or send information, providing the customer does not expressly reject such in writing;
that no party has influence over the efficiency, reliability, availability or security of electronic mail via internet;
and that ISG is not liable for any losses, damage, expenditure, disadvantage or interference arising from the loss, delay, interception, destruction or alteration of electronic mail caused by circumstances outside ISG’s control.

The client has to ensure that his servers correspond to the state-of-the-art and thus enable secure transmission by e-mail.

12. Final provisions

The contract shall be governed by Austrian law with the exclusion of the UN Sales Law as well as of international collision standards. All disputes arising out of or in connection with the contract shall exclusively be referred to the competent Court in Vienna.

The place of fulfilment for all obligations arising from this contractual relationship is Vienna.

ISG Personnel Management Ltd.,
Vienna, January 2025