Terms & Conditions
Terms & Conditions of Flex Suisse AG
1. These Terms & Conditions (“T&Cs”) apply to the contractual relationship between Flex Suisse Ltd., Zurich, Switzerland (“Flex Suisse”) and the client (“Client”). Specific conditions expressly agreed in writing or per email by Flex Suisse and the Client will prevail over the T&Cs.
2. For staff-leasing (Personalverleih) engagements the applicable hourly or daily rate (excl. VAT), shall be due and payable from the Client to Flex Suisse based on the employees’ effective time spent on a project. The detailed terms and conditions are always agreed in a separate staff- leasing agreement to be signed by the Client and Flex Suisse.
3.1 For professional & executive search mandates, the Client will pay Flex Suisse a fee of 25% of the candidate’s first year’s (12 months) gross annual base salary. For part-time positions, the base salary taken for fee calculation will be pro-rata, with a minimum of 70%. If the candidate is engaged either directly or indirectly by the Client on a mandate basis, a fee of 25% of the candidate’s annual gross compensation from all sources, including, but not limited to, consulting fees, expenses and commissions is due and payable by the Client.
3.2 This fee is success based and is due and payable in CHF (excl.VAT), as soon as a contractual relationship (employment or mandate) between the Client and a candidate presented by Flex Suisse is agreed, i.e. independent of the actual start date of the candidate. The Client agrees that it will notify Flex Suisse within 10 calendar days of entry into the contract with the candidate and disclose the relevant financials to calculate the fee.
3.3 Flex Suisse must receive prior confirmation in writing or per email from the Client for any expenses (e.g. advertisement, candidate expenses) to be borne by the Client. Such expenses will be invoiced separately at cost rate to the Client and are due and payable payment within calendar 10 days.
3.4 The mandate is also considered fulfilled and the Client will pay Flex Suisse the fees agreed on (i) if the candidate presented – as a candidate for staff-leasing (cl. 2) and/or a candidate for professional & executive search (cl. 3.1) by Flex Suisse is not accepted by the Client and/or the candidate rejects the job offer and is then later employed or mandated by the Client (either directly or indirectly) within a period of 12 months from the date of candidate’s data sent to the client and/or (ii) if the Client presents the candidate selected for them, to a third party linked directly or indirectly or with no link at all, and if the candidate is employed or mandated with this third party within a period of 12 months from candidate’s data is sent to the Client. These claims also apply if the employment or mandate concerns a position other than the one originally contemplated, and independent of the reasons that led to entry into the contract, in particular if the candidate applied to the Client or the Client had contacted the candidate, or the candidate was brokered by a third party.
3.5 If the Client or the candidate terminates the employment contract during a period of 3 months after the starting date or the candidate does not start employment, the Client must immediately but not later than within five working days inform Flex Suisse in writing or per email of such an event for the following guarantee to apply: (i) Flex Suisse shall find a replacement candidate without any additional cost except additional advertisement cost if instructed by the Client; (ii) If Flex Suisse does not find a replacement candidate for the contractually agreed position within a reasonable period, then the following reimbursement of the fee is agreed: 100% of the fee if the placed candidate does not start, 75% of the fee if notice of termination of the employment agreement is given during the first month, 50% in the second month and 25% in the third month.
4. Flex Suisse commits to review carefully and analyze precisely the suitability of a candidate to fulfill the anticipated role. However, Flex Suisse services in no event replace the thorough examination of the candidate by the Client. The Client is solely and exclusively responsible for the selection of the candidate, the performance of the duties transferred to the candidate, to arrange for any necessary medical examinations, and for obtaining and/or verifying all employment, residency or other permits and for carrying out all of the duties that are assigned to the candidate in the course of his employment.
5. The Client acknowledges that the introduction of a candidate or the submission of a candidate’s data occurs on a highly confidential basis. Candidate files that are provided to the Client through Flex Suisse remain the property of Flex Suisse, with the exception of the file of the candidate hired by the Client. All application files are to be handled completely confidentially. If the candidate is not hired, the file is to be returned to Flex Suisse or destroyed/deleted by Client. Within the framework of the Swiss Data Protection Law, in no event may these files be stored, processed, submitted to third persons as well as directly or indirectly used. If the Client intends to obtain an internal or external reference of a prospective candidate, this requires the prior written consent of the candidate and Flex Suisse.
6. The mutual duty of confidentiality applies to any information about Flex Suisse or the Client that is not publicly available and is exchanged among the Client and Flex Suisse in the course of performing the contract.
7. The contractual relationship between the Client and Flex Suisse is governed by Swiss Law, to the exclusion of any conflict of law. Any dispute, controversy or claim arising out of or in relation to the T&Cs, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one; The seat of the arbitration shall be Zürich, Switzerland; The arbitral proceedings shall be conducted in German. Within 15 days from receipt of the Notice of Arbitration, the Respondent shall submit to the Secretariat an Answer to the Notice of Arbitration together, in principle, with any counterclaim or set-off defence. The time-limit with respect to the designation of an arbitrator shall be 15 days. The Expedited Procedure shall apply and the dispute shall be decided on the basis of documentary evidence only.