General Terms and Conditions of Purchase for Recruitment on a Performance Basis
1.1 These General Terms and Conditions of Purchase (hereinafter referred to as T&Cs) shall apply to all recruitment services.
1.2 Sensirion accepts candidate files exclusively via Sensirion’s online agency portal (Sensirion Agency Access). Sensirion rejects all candidate files that are not submitted via Sensirion Agency Access. The employment agency hereby acknowledges that it is only entitled to remuneration for candidate files submitted via Sensirion Agency Access.
1.3 These T&Cs govern the conclusion, content and execution of contracts relating to the provision of recruitment services.
1.4 The Parties are hereinafter referred as Sensirion and the Employment Agency.
2 Contract Conclusion
2.1 By submitting a candidate file online, the Employment Agency confirms its agreement with these T&Cs.
2.2 The recruitment contract shall be concluded upon receipt of the candidate file by Sensirion.
2.3 Any general terms and conditions of the Employment Agency are hereby expressly excluded and shall not become part of the contract. These T&Cs shall supersede any contrary, deviating or additional terms (if any) contained or referenced in any submission or other document or correspondence from or by the Employment Agency and no amendment or supersession of these T&Cs, or any part thereof, shall be binding on Sensirion, nor shall they form part of any contract unless expressly accepted in writing by an authorized signatory on Sensirion’s behalf.
3 Employment Agency Services
3.1 On behalf of Sensirion, the Employment Agency shall select and recruit suitable management and specialist personnel for permanent positions.
3.2 The Employment Agency has verified the suitability of any such candidates at least once in a personal interview prior to submitting the file. It shall carry out a written analysis and ensure that candidates have a serious interest in a position at Sensirion.
3.3 The Employment Agency shall submit a complete candidate file to Sensirion containing the following information:
a. a description of the candidate
b. a copy of the candidate’s resumé
d. diplomas (including transcript of records)
e. other documents material to the application
f. salary expectations
3.4 The Employment Agency shall submit a copy of its Swiss recruitment license and shall do so without being requested to do so.
4 Sensirion Agency Access
4.1 The Employment Agency shall submit the candidate file via its Sensirion Agency account.
4.2 Access to the Sensirion Agency portal may be requested from the HR recruiting partner responsible for the position in question. Sensirion may refuse any such request and may do so without providing grounds for doing so.
4.3 Contact with Sensirion shall be made exclusively through the recruiters responsible for the position.
5.1 If a contract is concluded with the candidate proposed by the Employment Agency, Sensirion shall undertake to pay a fee of 18% (for professionals) and 8% (for university/technical college graduates in Switzerland or southern Germany, otherwise also 18%) on a performance basis.
5.2 Sensirion shall pay no fee for candidates who have already had personal contact with Sensirion during previous recruitment processes or who have submitted their documents to Sensirion in the past 24 months.
5.3 Sensirion shall not pay a fee for candidates who have had a fixed or indefinite contract with Sensirion in the past. This includes student trainees and interns.
5.4 The basis for calculation is the gross annual salary that Sensirion has agreed with the candidate in the employment contract, excluding performance-related components and expenses. If the candidate’s workload is reduced (e.g. 80%, 60%, etc.), the basis for calculation shall be the reduced gross annual salary.
5.5 The Employment Agency shall issue its invoice immediately upon conclusion of the employment contract.
5.6 The Employment Agency shall issue two invoices to Sensirion. The first shall include all the information relating to the business process and the other copy shall indicate only the amount to be paid.
5.7 All invoice amounts are exclusive of value added tax. Value added tax shall be invoiced additionally at the respective valid rates.
5.8 Invoices are due for payment within 30 days of invoicing.
6 Performance Guarantee/Reimbursement
6.1 If the employment contract is terminated within the contractually agreed trial period by one of the parties to the employment contract, the Employment Agency shall undertake to reimburse Sensirion 75% of its fee.
6.2 Excluded from this are those cases in which the candidate is unable to take up their position due to circumstances attributable to Sensirion.
6.3 Reimbursement must be made within 30 days of termination of employment.
7 Duty of Care
7.1 The Employment Agency shall undertake to exercise the utmost care and professional quality in the performance of this contract, taking into consideration any instructions issued by Sensirion as well as any legal requirements, and shall comply with any applicable professional rules, unless this agreement stipulates in detail any more stringent standards. Furthermore, the Employment Agency shall undertake only to entrust experienced, highly qualified persons with the performance of this agreement.
8 Data Protection
8.1 The Employment Agency may only use candidates’ personal data collected as part of the execution of the order for the purpose of selection and recruitment and shall not disclose any personal information without the written consent of Sensirion or the candidates concerned. The Employment Agency shall obtain any necessary consent from candidates for the transfer of their personal data to Sensirion.
8.2 The Employment Agency shall take all appropriate technical and organizational security measures to ensure that personal data is protected against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. The Employment Agency shall irrevocably erase the personal data arising from the execution of the order upon completion of the order.
8.3 The Employment Agency shall undertake to ensure compliance with the obligations arising from these T&Cs by its employees and other third parties involved in the performance of the contract.
9.1 Sensirion’s confidential information and documents (e.g. clientele, business relationships, business transactions, etc.) relating to this contract or obtained from Sensirion or third parties in the course of the provision of services may not be disclosed to any third party or used for purposes other than the provision of the services pursuant to this contract without the prior written consent of Sensirion.
9.2 This duty of confidentiality shall persist, even upon termination of this contract.
10.1 The Employment Agency shall be liable to Sensirion for any damages attributable to the former.
10.2 If and insofar as Sensirion is held liable due to an action or omission on the part of the Employment Agency and is required by a court of law to pay a sum of money, the Employment Agency shall indemnify Sensirion against this claim as well as against all costs, such as attorneys’ fees and court costs. The capacity to be sued and the power to conduct litigation shall remain with Sensirion. Any settlement made by Sensirion shall be binding for the Employment Agency in all cases. The above provision shall also apply in particular in the event of copyright infringements attributable to the Employment Agency in connection with the execution of this contract.
11 Final Provisions
11.1 Swiss substantive law shall apply.
11.2 The exclusive place of jurisdiction for any and all disputes between the Employment Agency and Sensirion in connection with recruitment is Zurich.