General Terms and Conditions

For better readability, gender-specific terms (e.g., "the customer" or "the candidate") are used in these terms and conditions. However, they are to be understood as gender-neutral, referring to both female and male persons.

• 1.1 The following General Terms and Conditions apply to all services provided by Rivna GmbH, Gunoldstrasse 4/19, 1190 Vienna (hereinafter referred to as "RIVNA Partners") in connection with the recruitment of potential employees for the contractual partner of a mandate contract concluded with RIVNA Partners (hereinafter referred to as "Customer"). These General Terms and Conditions have an indefinite duration. Unless otherwise agreed, these terms and conditions are deemed an integral part of the contract concluded between RIVNA Partners and the Customer.
• 1.2 Any conflicting general terms and conditions of the Customer shall not apply.

• 2.1 RIVNA Partners präsentiert dem Kunden für zuvor vereinbarte Positionen potenzielle Kandidaten oder Kandidatenprofile, die für den Kunden von Interesse sein könnten. Dies geschieht in Absprache mit dem Kunden und auf Basis eines mit dem Kunden abgeschlossenen Mandatsvertrages.

• 3.1 The fee is based on a percentage of the total remuneration of the placed candidate as specified in the mandate agreement. Unless otherwise defined in the mandate agreement, total remuneration is defined as follows: the sum of OTE (On Target Earnings), including guaranteed bonus payments (this corresponds to the full-time annual gross salary plus guaranteed bonus payments), sign-on bonuses (this includes one-time payments at the time the employment contract is concluded), potential variable bonuses or other potential variable payments such as revenue sharing or discretionary special payments. In the case of a fixed-term, reduced-hours, or part-time employment, the agreed compensation will be extrapolated to an equivalent full-time annual gross salary (full-time equivalent).
• 3.2 If a company car is provided, a flat rate of EUR 20,000 is added to the annual gross salary for the calculation of the total remuneration.
• 3.3 However, the total remuneration is always set at a minimum of EUR 10,000.
• 3.4 The entitlement to the fee is independent of the actual duration of the employment relationship and therefore also arises if the employment relationship is subsequently terminated, unless a guarantee is agreed upon in the mandate agreement.
• 3.5 Travel expenses incurred by candidates for agreed interview appointments are to be borne by the client.

• 4.1 The contract ends as soon as the Customer enters into an employment relationship or a similar contractual relationship with one of the proposed candidates (including freelance contracts or service contracts) or at the latest after six months, unless an extension is mutually agreed upon.
• 4.2 The Customer shall inform RIVNA Partners in writing within one week after confirming the hiring of a proposed candidate, providing the full annual remuneration.
• 4.3 If a candidate proposed by RIVNA Partners is not selected, the client undertakes not to employ or otherwise engage the candidate (freelancing, contract for work or similar) or pass on the candidate's information to other companies (including affiliated companies) within a period of 12 months from the date of submission of the candidate dossier. Otherwise the success fee will be due.

• 5.1 The payment terms are governed by the respective mandate agreement.
• 5.2 If payment is not received within the payment period, default interest of 9.2% per year above the base interest rate will be charged on the outstanding invoice amounts.

• 6.1 RIVNA Partners assumes no liability for any damages of any kind caused by placed individuals or the placement of individuals. RIVNA Partners excludes any liability for damages, lost profits, costs, and losses incurred by the client from the mandate agreement, except in cases of intent on the part of RIVNA Partners. Likewise, any warranty is excluded. All information regarding candidates is based on information provided by the candidates themselves or by third parties; therefore, RIVNA Partners does not guarantee the accuracy or completeness of this information. RIVNA Partners also cannot guarantee that a proposed candidate will not make a different decision.

• 7.1 Confidential information includes all information that the contracting parties receive from the respective disclosing party for contract execution. Excluded from this are publicly available information, information already known to the receiving party before disclosure, or information explicitly designated as non-confidential by the disclosing party.
• 7.2 The contracting parties undertake to use such information only for contract fulfillment and to make it accessible only to employees necessary for this fulfillment.
• 7.3 The customer agrees that RIVNA Partners may analyze and use the confidential information provided by the Customer in anonymized form to improve its services, ensuring that the information cannot be traced back to the Customer.
• 7.4 The confidentiality obligation remains in effect indefinitely beyond the contract duration.

• 8.1 RIVNA Partners and the Customer are each independently responsible for compliance with data protection regulations according to Art 4 No. 7 GDPR. This includes securely storing electronically transmitted personal data of candidates and preventing unauthorized access.
• 8.2 Die Verantwortung von RIVNA Partners endet jedenfalls mit dem Zeitpunkt, wo der Kunde mit dem Kandidaten eine Vertragsbeziehung im Sinne des Punkt 4.1 dieses Vertrages eingeht und das Vermittlungshonorar vollständig bezahlt wurde. Der Kunde verpflichtet sich ab diesen Zeitpunkt, RIVNA Partners jedenfalls diesbezüglich schad- und klaglos zu halten.
• 8.3 The Customer undertakes to respond truthfully and within a reasonable period to information requests under Art 13 GDPR and to comply promptly with subsequent deletion requests, informing RIVNA Partners accordingly.
• 8.4 The Customer expressly undertakes to comply with all data protection regulations under GDPR and to prevent unlawful use of received data. Any data protection violations must be reported to RIVNA Partners immediately, and appropriate measures must be taken to mitigate damages.
• 8.5 If data protection violations by the Customer trigger claims by affected persons, the Customer shall indemnify and hold RIVNA Partners harmless.
• 8.6 When RIVNA Partners transmits personal data (CVs, certificates, cover letters, etc.) to the Customer, it is solely for contract fulfillment (search, identification, validation, and selection of candidates, as well as recruitment consulting).
• 8.7 The processing of personal data by the Customer is limited to this purpose. The Customer must delete personal data immediately if a candidate is no longer considered or if requested by RIVNA Partners. Deletion may be required to be confirmed upon request.
• 8.8 The transmission of personal data by the Customer to third parties, including affiliated companies, is prohibited. The Customer is liable for any such transmission and must inform RIVNA Partners immediately if such transmission occurs.
• 8.9 If the Customer transmits personal data to RIVNA Partners, the Customer confirms that such processing for contract fulfillment does not violate data protection regulations.
• 8.10 All data protection obligations continue indefinitely beyond the contract duration.

• 9.1 If individual provisions are or become invalid, they shall be reinterpreted or supplemented to achieve the economic purpose of the affected provision as closely as possible. The validity of the remaining provisions remains unaffected.

• 9.2 Each signatory declares and confirms that they have sufficient authority to legally bind their respective party.

• 9.3 Contract amendments must be in writing, including advanced electronic signatures, which the parties accept as sufficient.

• 9.4 The exclusive place of jurisdiction for disputes arising from this contract is the competent commercial court in Vienna. The place of performance is Vienna.

• 9.5 All contracts and claims arising therefrom, as well as these General Terms and Conditions, are governed by Austrian law, excluding its conflict-of-law rules, international private law, and the UN Convention on Contracts for the International Sale of Goods.