These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all personnel services between ReturnersWork GmbH (hereinafter referred to as “RW”) and the Client who is seeking personnel or candidates.
RW, which is based in Zug, holds an operating licence in accordance with Articles 2 and 12 of the Swiss Employment Agency Act (AVG).
Unless otherwise agreed in writing on a case by case basis, the following General Terms and Conditions shall apply exclusively for any personnel services provided by RW. Any general terms and conditions of the customer, even those previously agreed upon, are hereby waved.
RW’s services include all activities related to the selection and recruitment of management and qualified personnel for short-term or permanent positions on a success basis.
These services may include all activities related to the selection and recruitment of management and qualified personnel for permanent and short-term positions. These services may include special search orders, additional qualitative selection tools such as assessments, personality analyses and expert opinions. Additional services such as advertising in print or online media and expenses incurred for travelling and obtaining work permits, etc. shall be remunerated separately by the Principal.
RW does not grant the Customer any exclusive right or obligation to act as an intermediary. RW is free to submit the application dossier to other Clients.
2. Secrecy and Data Protection
All information, documents and data which are entrusted or become known to RW in connection with the performance of the personnel services shall be kept confidential.
RW shall ensure that the information, documents and data made available to it or made known to it are carefully and discreetly stored, transmitted and/or used, protected from unauthorised access by third parties and, in particular, that the relevant legal provisions regarding data protection are complied with. The obligation of secrecy and data protection must be maintained even after the end of the cooperation.
3. Severability Clause
If individual provisions of these GTC are not legally effective or lose their legal effectiveness due to a later circumstance, or if a loophole is found in these GTC, this shall not affect the legal effectiveness of the remaining provisions. In place of the invalid provision or to fill the gap, an appropriate provision shall apply which comes closest to what the client and the personnel service provider would have wanted, had they considered this point.
The transferability of rights and obligations from these GTC to third parties is only possible with prior written consent of RW and the Customer.
5. Place of Jurisdiction and Applicable Law
The place of jurisdiction for all disputes between RW and the Client shall be Zug, Switzerland. Swiss law shall apply exclusively to all legal relations between the Parties.