Manpower savjetovanje d.o.o. – Terms and Conditions
General provisions
1.The acceptance of an offer within its validity period implies that the User and the Service Provider shall enter into a contractual relationship in accordance with the terms and conditions specified in the offer and in the present Terms and Conditions.
2.The acceptance of the offer outside of the validity period shall not result in a contractual relationship. Such an offer shall be considered User's new offer, which the Service Provider can but is not obliged to accept. The Service Provider shall deliver its observations to the User within 15 days of the receipt of such an offer. If this is not the case, it shall be considered that the Service Provider has not accepted the User's offer.
3.In the event of issues differently regulated in the offer and in the Terms and Conditions, the offer shall prevail.
4.The User's terms and conditions shall apply to this contractual relationship only if they have been submitted to the Service Provider and if the Service Provider has accepted all of the amendments to the offer in writing.
Intermediation procedure and deadlines
5.The procedure of employment intermediation consists of various phases, as indicated in the Table 1 of the Offer.
6.If the User cancels the service which is the subject of the offer, the User is obliged to pay the Service Provider for the services provided according to the project phase in which the User informed the Service Provider of the cancellation of services, in proportion to the total project cost as defined in the Table 2.
7.The recruitment of a candidate whom the User contacted without the Service Provider's intermediation shall also be considered service cancellation.
8.If the User forwards a candidate to the Service Provider and the Service Provider includes the candidate in the selection procedure, after which the User employs the candidate, the Service Provider shall grant the User a 50% discount on the contractual fee.
9.The form containing job description and other conditions forms an integral part of the offer and the User undertakes to fill it out in its entirety and submit it to the Service Provider. Such filled out form represents a proof of the fulfilment of the required qualifications, candidate's qualities and work place conditions. Any amendments to the required conditions must be submitted to the Service Provider in writing. The deadlines defined in the Table 3 shall start to run from zero from the day of submission of any amendments.
10.If the User does not confirm in writing that the presented candidates have the requested qualifications within the contracted deadline, it shall be considered that the submitted candidates do possess the requested qualifications.
11.In case that the User does not employ any of the presented candidates, its observations must be supported by grounds.
12.In case that the User requests new candidate profiles to be delivered, the defined deadlines shall reapply. If the User does not employ any of the candidates in the repeated procedure, it shall be considered that the User has withdrawn from the service.
13.Except in the case referred to under point 10 of the present Terms and Conditions, if the User does not fulfil its obligations within the pre-defined deadlines, the Service Provider shall define a new deadline for the fulfilment of the User's obligations. If the User does not fulfil its obligations within the additional deadline, it shall be considered that the User has withdrawn from the services which are the subject of this offer.
14.In case that the Service Provider does not fulfil its obligations within the pre-defined deadlines, the User shall define a new deadline for the fulfilment of the Service Provider's obligations. If the Service Provider does not fulfil its obligations within the additional deadline, the User has the right to withdraw from the contracted service. In that case, the Service Provider's fee for the services provided up to that moment shall be reduced by 10%.
15.In case that the Service Provider searches for candidates for various positions on the User's behalf, the deadlines shall be defined separately for every position.
Service Provider's warranty
16.The Service Provider undertakes to ensure a replacement candidate to the User free of charge if in the period of 1 (one) month of the day of the selected candidate's recruitment, if the candidate unilaterally terminates the employment contract stipulated with the User or if the User terminates the employment contract due to a reason wherefore the candidate is liable. In that case, the selection procedure shall be repeated, according to the deadlines defined in the Table 3. The Service Provider's warranty can be activated only once.
17.The warranty is valid only if the User has timely settled all of the Service Provider's invoices issued based on the offer and if the User has requested warranty activation at the latest within 7 days of the day the candidate terminated the employment contract with the User.
Contractual penalty
18.In case that the User stipulates a piece work agreement, employment contract, or a business cooperation agreement with a candidate that was presented by the Service Provider within 24 months of the day of submission of the candidate's profile, or forwards data on the candidate presented to a third party without informing the Service Provider, the User shall pay Manpower Savjetovanje d.o.o. a contractual penalty in the amount of 60,000 kuna.
Deadlines and terms of payment
19.The Service Provider shall issue the invoice for the contractual fee immediately after the signing of an employment agreement, piece work agreement or business cooperation agreement between the selected candidate and the User, with the due date being 15 (fifteen) days of the date of the invoice issue.
20.In case of an early termination of service provision for any reasons, the Service Provider shall issue an invoice for the services provided up to that moment at the latest on the last day of the month in which the services were provided.
Confidentiality
21.Confidential data shall refer to any information, in written, electronic or any other form, including but not being limited to information on property, commercial and technical secrets, research and development, marketing, business planning and any other similar information, data compilations of any kind, as well as financial, fiscal and legal information to which the parties have had access.
22.Without a prior written consent of the other contracting party, the contracting parties shall not disclose to any third party technical, economic, commercial or any other confidential data they have found out in any manner during the execution of the contract, except for the publicly known data or the data requested by competent authorities.
23.Both parties undertake not to reveal to third parties any relevant information on the current Project.
Protection of personal data
24.The User and the Service Provider are independent personal data controllers.
25.In the processing of personal data, both parties shall respect all obligations foreseen by the governing law, including the applicable measures on notification and consent. According to the governing law, the User shall inform the data subjects whose personal data it processes on the privacy policy it applies.
26.The User states and guarantees that:
-It has engaged personal data processors who act in accordance with the governing law and provide sufficient data protection guarantees, including the application of appropriate data protection measures, and that it has stipulated appropriate agreements on personal data processing with such data processor;
-It will not respond to data subjects' queries, complaints or requests in relation to the manner in which the Service Provider manages personal data and it will immediately forward such queries to the Service Provider, including data subjects' requests by which, in accordance with the governing law, they file a complaint or request access, erasure, rectification or restriction of access to personal data, portability and withdrawal of consent to the processing of personal data processed by the Service Provider;
-It keeps a record on the processing of data subjects' personal data that it receives from the Service Provider, as foreseen by the governing law;
-In accordance with the governing law, it implements protective measures in cases of transfer of data subjects' personal data obtained from the Service Provider to recipients outside the European Economic Area.
27.The User undertakes to implement appropriate data protection measures in accordance with the governing law, in order to protect the personal data received from the Service Provider from accidental or unauthorised destruction, modification, publication or access. The User shall ensure that the employees engaged in the processing of data assumed from the Service Provider are subject to confidentiality obligation. The User shall immediately inform the Service Provider on incidents relative to information security of the User's or the User's service provider's system that have an impact on the personal data received from the Service Provider.
28.The User agrees that the Service Provider is not liable for any damage and shall cover the entire damage caused to the Service Provider and its officials, employees, directors and agents, and, upon the Service Provider's invitation, obliges itself to take over the procedure and relieve the Service Provider of any debt, loss, damage, expenses or costs, including third parties' claims, reasonable lawyers' and consultants' fees, as well as court costs, if such claims can be attributed to the User's breach of thereby assumed obligations.
Invalidity of provisions
29.If a court or any other competent authority decides that a specific provision of these Terms and Conditions is invalid or impossible to implement, it shall not have any impact on the validity of other provisions of these Terms and Conditions.
30.No amendments to these Terms and Conditions shall be effective unless provided in writing. If in writing, they shall automatically apply to all contractual relationships concluded prior and after their entry into force.
31.Every User is authorised to invite the Service Provider to negotiations on specific provisions of new Terms and Conditions in writing within 30 days from the date of entry into force of new Terms and Conditions if such matters have been regulated differently in the Terms and Conditions effective in the moment of offer acceptance. In case of failure to reach a written agreement on the disputable issues, the User has the right to withdraw from the contracted service.
32.The present Terms and Conditions shall enter into force on 10 July 2018.
Contact:
Manpower Savjetovanje d.o.o.
Avenija Dubrovnik 16, 10020 Zagreb
Tel: +385 1 5565 700
Email: info@manpower.hr