Terms and Conditions
for Businesses
The following Terms and Conditions apply to all contracts between the contractor (Btogether GmbH, subsequently „Btogether“) and the client. These Terms and Conditions are valid for all current and future legal relationships with Btogether concerning the following services, unless otherwise agreed in writing in individual cases.
Contractually agreed services are services for personel search and selection, employee leasing, services concerning training and humanresource development, as well as recruitment and ad placement (online or print), freelancer placement, employer branding and other HR services like planning staffing needs, hiring new employees, creating training opportunities for existing employees, conducting performance reviews, time recording, payroll or support in internal communications.
Only the present general terms and conditions apply as agreed. Terms and conditions set by the client, that deviate from the terms and conditions set by Btogether and have not been explicitely agreed upon in writing, are not binding – even if Btogether provides the services without explicitly disagreeing with the terms.
The formation of a contract with Btogether is based on general principles of civil law. A legally binding contract with Btogether is also formed when the client signs an offer or a confirmation order.
1. Basis and Validity of an Offer
Btogether creates an offer based on the information providet by the client, in writing. The sole creation of an offer does not constitute any legally binding obligations, either for the client or Btogether. The offers validity is set at 2 weeks from receipt of the offer by the client.
2. Services and Commencement
The offer including the present Terms & Condditions as well as the company signature on the order confirmation constitude the full contract between the client and Btogether and replace all previous verbal or written agreements.
The contract takes effect, once the order confirmation is returned by the client in writing, by mail, fax, as PDF attachement by email or unmodifiable file. Only then can the services be provided (service/project start). Btogether only ows the redering of the services specified in the offer, not a certain result. The order will be fullfiled acording to the principles of proper professional practice – especially personal responsibility, diligence, sovereignty and dicretion. The services defined in the offer are considered to have been provided once they have been carried out.
3. Duty to Cooperate for the Client
The client will provide all the documents, data and information necessary for completing the order. This also includes events and circumstances, that arrise during the project.
Any additional expences resulting from the clients noncomplience with appointments and deadlines will have to be reimbursed by the client.
4. Employees, Inclusion of Third Parties
If necessary, Btogether will use employees or third parties in the scope of prviding the servises. These will be bound to the privacy guidelines as steated in the privacy policy
5. Dicretion and Privacy Policy
Personal data means any data that can be used to identify a natural person. Confidential data means all business and trade secrets.
With respect to this agreement and any information provided in connection with this agreement that has been designated as confidential by the disclosing party, the recipient agrees to protect the confidential data and personal data in accordance with the relevant legal provisions, as amended from time to time, and to use it only for the performance of its obligations under this Agreement.
Subject to the applicable regulations, Btogether is entitled to disclose confidential data and/or personal data of the principal to subcontractors and affiliated companies. Btogether shall take all necessary precautions to protect the confidential and/or personal data and in particular, if necessary, enter into processing agreements.
All personal data disclosed shall be subject to the provisions of the data protection act and the EU General Data Protection Regulation (hereinafter referred to as “GDPR”) when processed.
Otherwise, neither party may use the name, brands, logos, trade names and/or trademark of the other without their prior written consent.
These regulations shall continue to apply beyond the termination or fulfillment of the contract.
6. Remuneration and Invoicing
The services shall be provided at the binding prices agreed in the offer and the conditions of the written offer confirmation. All prices or daily rates and expenses incurred are exclusive of value added tax.
7. Terms of payment, Default
All invoices of Btogether are payable without deductions within 8 days from the date of invoice, unless otherwise expressly stated in the order. If the client is in default of payment, Btogether shall be entitled to charge the statutory default interest rate. In the event of default, the customer is obligated to bear all expenses associated with the collection of the claims, such as in particular collection expenses, court and attorney fees.
8. Liability
Btogether shall only pay damages or reimbursement of futile expenses in the event of intent and gross negligence in the full amount; in the event of intent and gross negligence of simple vicarious agents, Btogether shall only be liable in the amount of the typical foreseeable damage at the time of conclusion of the contract, which was to be prevented by the breached obligation.
In cases of slight negligence, Btogether’s liability to the client for breach of a primary contractual obligation shall be limited to the amount of the typically foreseeable damage that was to be prevented by the breached obligation, but shall always be limited to the order value. Btogether shall not be liable in the case of secondary obligations.
9. Usage Rights
The client shall ensure that the work results to be provided are not passed on to third parties on a commercial basis.
10. Termination or cancellation of a contract
An order or search order can be terminated in writing by either contracting party with 14 days’ notice to the end of the month.
11. General Provisions
Rights and obligations under this Agreement may be assigned or otherwise transferred without the prior express written consent of the other party.
Btogether is entitled to transfer rights and obligations under this contract to an affiliated company without the consent of the client.
Subsidiary agreements, supplements and amendments to these Terms & Conditions and in particular to the offer must be made in writing to be effective.
Should one or more provisions of these terms and conditions be invalid in whole or in part, the validity of all other provisions of these terms and conditions shall not be affected thereby.
Subject to the written form requirements, the client acknowledges and agrees that Btogether and the client may correspond or send information via the Internet by e-mail, unless the client expressly rejects this in writing, that neither party has any influence on the performance, reliability, availability or security of electronic mail via the Internet and that Btogether shall not be liable for any loss, damage, expense, disadvantage or disruption arising from the loss, delay, interception, destruction or alteration of electronic mail due to causes beyond Btogether’s control.
The client shall ensure that its servers are state of the art and therefore enable secure transmission by e-mail.
12. Final provisions
Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and international conflict of laws provisions. The place of jurisdiction for any claims arising from the contract shall be the competent court in Innsbruck.
The place of fulfillment for all obligations arising from the contractual relationship is Innsbruck.
Terms and Conditions
for Applicants
You hereby approve that Btogether GmbH, Ostergasse 8a, 6091 Götzens, Austria or any of its Partner Companies / Clients processes your personal data in line with the application process as mentioned below. With your application you approve, your approval is voluntary and you have the right to withdraw your approval at any time by writing to office@Btogether.careers Btogether GmbH to action your personal data as mentioned below, furthermore you acknowledge that Btogether GmbH only accepts applications submitted via our website. Postal applications are not accepted and will be destroyed up on their arrival.
- Information which were provided to us by you during your initial application or which were collected during interviews and the assessment process, including your name, contact details, experience and qualifications, previous employment, competencies and skills. Btogether GmbH does not ask for specific information of personal data, such as ethnicity or race, health, political opinions or religious beliefs, as part of your application unless it is required by law.
If any of this information of private data is provided by you, you hereby explicitly approve to operate with this data, too. Otherwise do not submit them in first place. - Data about you which is available in public, such as published in business and employment related social websites.
Btogether GmbH uses your application and public data for the following reason:
- Deal with your application
- Check qualifications and experience
- Give you feedback related to your application
- The Data you have provided, and which is collected during the application process will be stored until further notice via mail to office@btogether.careers.
Btogether GmbH has the right to share your application and public data with client- and partner- companies offering the relevant position that you have applied for. Including the responsible recruiters and managers who are responsible for making the hiring decision.
Btogether GmbH is also entitled to share your application and public data with other client- and partner- companies including recruiters and managers for other possibility’s in case you are not successful in the position for which you have applied in first place.
Even Btogether GmbH is working on behalf of its clients and not on behalf of the applicant Btogether GmbH will handle the provided application and public data confidentially and only for mentioned purpose. In addition, only data and information authorized by the client will be passed to the applicant. To point out, Btogether GmbH will only name its clients, partner and, provide additional information to applicants under the conditions and times set by the client and partners.
Btogether GmbH may contract with third party providers for additional service, for example but not limited to data processors to support us in using your application and public data.
As Btogether GmbH and its client- and partner companies are having a global scope it may be that copies or parts of your application and public data could be located or stored in countries outside of the European Union and European Economic Area, where the same level of data protection might not be given. In those cases, Btogether GmbH will take all possibilities to comply with legal requirements such as, European Union Standard contract terms, binding corporate rules and assuring protective and legal shields are in place.
If you have any questions about Data Privacy or the usage of your application and public data, please contact Dataprivacy@Btogether.careers for general or specific questions related to jobs, your application or to Btogether GmbH itself, please contact office@Btogether.careers. We will come back to you as soon as possible. In addition, you have the right to get in touch with the relevant data protection authority to bring up your request or complaint.
For Btogether GmbH it is obvious that by using the Btogether GmbH Career website, all information and data that which is provided by you is true, complete and up to date. Btogether GmbH also understands that you inform Btogether GmbH of any changes in your application data which might be.
Btogether GmbH client and partner companies retain the right to exclude your application, if your provided application data is false, inaccurate, misleading or incomplete.
You hear with agree that any offer of employment is conditioned you having the required work permit in the country for which you are hired. Also, you confirm that your age is at least 18 years and you are fully capable of acting, or your legal guardian’s consent has been obtained.