General terms and conditions of WERKportal for brokerage services and online platforms.
1. Scope strong>
1.) The WP Werkportal GmbH with its head office in 9020 Klagenfurt on lake Wörthersee, Domgasse 8, Austria, subsequently called WERKportal, operates the business of a “private employment agency” as well as of the brokerage of service contracts and renders brokerage services for its customers.
2.) WERKportal operates the brokerage occupation by all available means as well as by the placement of job advertisements or adverts in general media or on online platforms operated by WERKportal. The order of the client can take place written, by telephone, or electronically.
3.) The clients of WERKportal are either natural persons or legal persons, that either have a brokerage contract with WERKportal or have registered themselves on the online platform www.werkportal.at
4.) The scope of service of the offered services as well the amount of pay is given by the different contracts respectively.
2. Formation of the contract
The contract between the client and WERKportal comes into existence, as soon as the client assigns WERKportal with the brokerage services and WERKportal delivers said service or the client registers on the online platform. Also, if an advertisement order is placed by a client and this advertisement order is confirmed in writing. If WERKportal appoints one or more suitable persons, companies, or orders, the contract also comes into existence. WERKportal reserves the right to refuse advertisement offers without giving any reasons.
3. Registration and profile, data processing
1.) The registration is free of charge and allows the free use of additional functions on the online platforms of WERKportal. There is no claim for registration and profile creation.
2.) The registration happens by the input of the e-mail address by the applicant and by the registration confirmation by WERKportal for an indefinite period.
3.) The applicant is liable to keep the password a secret. The password can be changed by the applicant at any time.
4.) After a successful registration, the applicant can set up a profile. The applicant can decide what data he or she fills into the profile (except mandatory fields). This data is also revealed to the employers.
5.) WERKportal always, but especially in case of
Suspected wrong statements during registration
Suspected or recognizable misuse of the website
Impossibility of authentication of data that have been filled in for the registration
Damaging or impairing the functionality of the website and
In other, severe cases of violation against the general terms and services
Reserves the right to remove the content of the applicant.
6.) Clients are granted access to the data filled in by the applicant. This allows clients to contact the applicants via WERKportal.
7.) The applicant is always entitled to deactivate his or her profile, to revoke his or her registration and to delete his or her account. In this case, WERKportal is obligated to immediately delete all data concerning the applicant.
8.) Processing and saving of data: WERKportal processes and saves personal and other information that the applicant provides. The protection of your personal data during the elicitation, processing, and use when you visit our homepage is a big concern for us. Your data is being protected within the legal requirements.
9.) Sharing of data: WERKportal grants the clients access to the collected and saved data of the applicants. This is only the case for recruiting purposes and against pay. Because of this, the data that has been filled in and shared by the applicants (for example by an application at the employer) can be viewed, used, and saved by the clients. Furthermore, the applicant’s data is handled confidentially and is not shared with third parties.
4. Place of fulfilment and place of jurisdiction
1.) Applying for all following contracts that are covered by the general terms and conditions:
All disputes happening in future are exclusively settled by the legally competent court based in the capital Klagenfurt on lake Wörthersee. This is also the case if the client’s place of general jurisdiction at the time of the initiation of the judicial process is not in Austria. WERKportal is however entitled to call upon any legally competent court. Austrian law shall apply. The rules and regulations of the standardized UN-sales convention are excluded.
2.) It does not affect the validity of the remaining general terms and conditions, should one of the general terms and conditions become partially or fully invalid. In that case, the contracting parties will immediately strive to achieve the pursued economic success otherwise originating from the invalid condition, in a different and legally permissible way.
5. duty of confidentiality
1.) The clients are obliged to handle all data and information confidentially and inaccessible to third parties. This obligation is maintained even after termination of the contract and business relation.
2.) The client’s use of contact data may exclusively take place for the purpose of occupation of a vacant position or for the brokerage of a service contract.
3.) The contractor obliges himself to follow all data protection and personal protection regulations and shall hold WERKportal harmless, should any claims be made concerning legal violations of the company.
6. Warranty, compensation, and liability
1.) WERKportal ensures a publication of the information or job advertisement desired by the customer, that is in accordance with the current technical standard.
2.) The customer recognizes that it is impossible with the current state of technology to create a program that is flawless. Errors in the presentation of the desired information do not exist if they are caused by use of unsuitable software and hardware.
3.) WERKportal is only liable in case of gross negligence or intent. Compensation by WERKportal in respect of the lost profit is strictly excluded.
4.) Maintenance work, actualization or similar work on the online platform are performed in a way that an impairment of use should not occur or be as short as possible.
5.) All agreements, later alterations, additions, etc. require the written form in order to be valid.
7. commission claim, payment, delay
1.) If a contract is concluded in any way because of the brokerage service provided by WERKportal, WERKportal is eligible for a commission claim. The commission claim also arises if the customer or employee is hired in another position than the one that was recommended by WERKportal or if the contractor accepts another order.
2.) The commission claim arises independently of the fact if the employee takes up the employment after conclusion of the contract or not and if the contractor carries out the order, respectively.
3.) The evidence of the opportunity to conclude a contract is enough for the emergence of the commission claim, also if the conclusion of the contract takes place later without the involvement of WERKportal. The cancellation of a once concluded contract does not affect the commission claim.
4.) Because of the brokerage activity of WERKportal and their online services, they are eligible for a commission claim.
5.) The commission or the payment of WERKportal is due with conclusion of the contract between the employer and the related company and employees. Invoices are due at the latest 14 days after the invoice date. After this period is over, the client is in delay. During the delay, the client must pay interest at 8 percentage points above the current base rate of the Austrian national bank pursuant to section 352 of the Austrian Commercial Code (UGB). The customer undertakes to reimburse us for necessary and appropriate costs. The costs for reminders are generalized at €40, – if this is in appropriate relation to the demanded amount.
WERKportal reserves the right to assert more claims arising from the legal ground of the delay.
6.) The set-off with disputed or legally invalid counterclaims is excluded just like the right of retention.
7. The retrievable price lists on WERKportal’s website are target prices and serve the purpose of information. Only the charged prices arranged in individual cases are relevant.
8. written form
Amendments and additions to this contract require to be of written form in order to be legally effective. This is also the case for lacking requirements. Verbal collateral agreements will not be reached or are invalid, provided they are not confirmed in writing.
9. Use of the profile and of www.WERKportal.at
The applicant is not allowed to fill in incomplete, wrong, or misleading information. Behavior that is intending to harm the network or system security or is in fact harming it (e.g. introducing a virus or a Trojan to the system) is strictly forbidden and will be prosecuted.
WERKportal is not liable for guidelines or forms from authorities that have been altered in the meantime. These must be updated by the subcontractor subsequently.