- These General Business Conditions (hereinafter referred to as "Conditions") regulate all legal relationships between Michael Page International (Switzerland) AG (its brands Michael Page and Page Personnel, hereinafter referred to as "M.P."), and their clients (hereinafter referred to as "Client"). The present general conditions will be applied to all assignments for personnel selection accepted and carried out by M.P.
- In case of dispute, specific conditions expressly agreed in writing by M.P. and the Client will prevail over the general conditions. In all, anything not foreseen or agreed in the specific conditions, the general conditions will apply.
- Fees structure: our fee is based as a percentage of the candidate's first year's gross annual package. The gross annual package is considered to be the annual earnings subject to AHV [Swiss social insurance] (gross annual base salary, commissions and bonuses) and other monetary advantages not subject to AHV (e.g. car allowance, house allowance, lump sum, and any other compensation.). For earnings based upon commission, the target earnings are determining. For the private use of a company car, a lump sum of CHF 10,000 shall be added to the gross annual earnings for the fees calculations. This fee (net of VAT) is success based and is payable as soon as an (employment) contractual relationship between the Client and the placed candidate is agreed but at least within 30 days after invoicing (default date). After expiration of the payment period, interest shall accrue without notice at 6%. The invoicing is independent of the actual start date of the employment or contract.
- Unless otherwise expressly agreed in writing by M.P. and the Client, for part-time positions and fixed-term contract, the base salary considered for fee calculation will be based on a yearly Full-time-equivalent salary, non-pro-rata based.
- Notwithstanding the above articles, the minimum fee in respect of each Engagement will be CHF10,000.
- The mandate is also considered fulfilled and the Client will pay M.P. the fees agreed on:
- If the candidate presented by M.P. is not accepted by the Client or rejects the job offer and is then later employed by the Client within a period of 12 months from the date of the CV sent to the client.
- If the Client presents the candidate selected for them, to a third party linked directly or indirectly or with no link at all, and if the candidate is employed with this third party within a period of 12 months from the date of the CV sent to the client.
- These conditions also apply if the employment concerns a position other than the one originally contemplated, regardless of the reasons that led to entry into the contract, in particular if (regardless of when it occurs) (1) the candidate applied to the Client or (2) the Client had contacted the candidate or (3) the candidate was brokered by a third party. The Client agrees that it will notify M.P. within 7 calendar days of entry into the contract with the Candidate.
- If the Client decides to employ more candidates than those originally foreseen by contract, the Client must pay M.P. the corresponding fees for each one of the candidates employed as agreed article in 3 above.
- If the mandate is cancelled by the Client, any outstanding fees incurred as a consequence of the termination must be paid without damages to the corresponding conditions.
- M.P. will publish a recruiting advertisement on M.P. website at no cost. With prior agreement by the Client and within the framework of the recruiting order, M.P. shall implement an extended advertisement campaign through the use of M.P. “MediaServices” solutions. Once the ”MediaServices” campaign has been agreed by the Client, the advertisement order cannot be cancelled by the Client. The costs for the text, design and sensible placement shall be invoiced separately to the Client, regardless of its success. The costs shall be due for payment within 30 days after invoicing (default date). After expiration of the payment period, interest shall accrue without notice at 6%.
- M.P. must receive confirmation from the client for any candidate expenses before these can be taken into account. The expenses actually incurred by a candidate in connection with the participation in interviews will be borne by the Client. If the Client wants M.P. to assume these expenses, M.P. will make advance payments to the candidate, in the name of, and at the expense of the Client. These outlays will be invoiced separately to the Client and are due for payment within 30 days after invoicing (default date). After expiration of the payment period, interest shall accrue without notice at 6%.
- M.P. commits to review carefully and analyze precisely the suitability of a candidate to fulfill the anticipated role. However, M.P. services in no event replace the thorough examination of the candidate by the Client. The Client is solely and exclusively responsible for the selection of the candidate, the performance of the duties transferred to the candidate, to arrange for any necessary medical examinations and for obtaining all employment, residency or other permits and for carrying out all of the duties that are assigned to the new co-worker in the course of his employment. The Client will hold M.P. completely harmless from all claims by candidates, applicants and brokered co-workers as well as by third parties that are connected with the selection and brokering of candidates and co-workers. The Client shall be responsible for ensuring that any candidate to whom an offer of employment is made by the Client (whether temporary or permanent) shall undertake all necessary checks to ensure that the candidate is not subject to any international sanction laws and regulations issued by the USA, the EU, the UN or any applicable local laws and regulations.
- If, for whatever reason, the brokered co-worker fails to start work, M.P. cannot be held liable for any damages/additional expenses incurred as a consequence. All liability claims by the Client are excluded.
- The Client acknowledges that both parties are separate data controllers for the personal data processed under this Agreement. For the avoidance of doubt, the Parties do not wish to establish a joint controller relationship in relation to the services provided under this Agreement. Each Party commits to comply with all applicable privacy and data protection laws, including the General Data Protection Regulation 2016/679, the upcoming ePrivacy Regulation, the Swiss Federal Act on Data Protection (FADP), and any laws implementing, supplementing or replacing the aforementioned regulations. Any personal data provided by the Company to the Client will only be used for the limited purposes as described in this Agreement and in accordance with aforementioned laws and regulations. Parties shall not knowingly perform their obligations under this agreement in such a way as to cause the other party to breach any of its obligations under applicable data protection legislation.
- The mutual duty of confidentiality applies to any information about M.P. or the Client that is not publicly available and is exchanged among the Client and M.P. in the course of performing the contract.
- Guarantee: If the Client or the candidate terminates the employment contract between the signature of an employment contract and 3 months after the starting date, M.P. shall find a replacement candidate without any additional cost. The replacement is subject to the following conditions :
- The Client gives M.P. notice in writing of the end of the employment relationship within seven days of the termination
- The end of the employment relationship is not attributable to a reduction in personnel or any other (general) redundancy measure, corporate restructure, change of management/ job description or Role Details; pregnancy, illness, injury, or death of the candidate, pandemic or epidemy.
- If M.P. is engaged exclusively by the client to replace the candidate and does not find a replacement candidate for the contractually agreed position within 8 weeks following the notification of termination, then the following reimbursement of the fee is agreed: 100% of the fee if the placed candidate does not start, 75% of the fee if notice of termination of the employment agreement is given during the first month; 50% in the second month and 25% in the third month.
The Client agrees that the above guarantee shall be limited to one supplementary search and no further refund or replacement shall apply to any replacement Candidate. The guarantee is applied provided the related fees are paid within 30 days from date of invoice
- During the term of the Assignment and during a subsequent period of 12 months, the Client will not engage in an employment agreement or any other contractual relationship with any person that was an employee or representative of M.P. at the time of the Assignment, unless it has received prior written approval from M.P. Failure to this clause, will result in a penalty of CHF 50,000 for the Client, payable within 30 days from beginning of employment relationship with the Client.
- Only Swiss law shall be applied to the contractual relationships between M.P. and the Client. Legal disputes between M.P. and the Client are subject to the jurisdiction of the courts of Geneva for Clients in Romandie or Zurich for any other Clients. In addition, M.P. has the right to call upon the responsible court in the jurisdiction of the Client's domicile or legal seat.
- The client confirms that it complies with the international laws and regulations issued by the United States of America (“USA”), the European Union (“EU”), the United Nations (“UN”) or any applicable local laws and regulations. In the event that:
(i) The client is in breach of this confirmation or ceases to meet such confirmation at any time during the contractual relationship; or
(ii) if the contractual relationship involves any person (natural, corporate or governmental), or their beneficial owner, listed in the USA, EU, UN or local sanctions lists, or involved by or has nexus with any country or any of their governmental agencies which are subject to such sanctions, in the receipt of any services from M.P.
M.P. shall have no obligation to provide services to the client and at the option of M.P., the performance of the contractual relationship shall be terminated immediately. In the event of such termination all unpaid fees shall become payable immediately.
Switzerland, March 2022