Article 1. Definitions
In these General Terms and Conditions the following definitions apply:
- The Candidate: the one who is nominated by PhysioMatch to the Client for employment, including – if the Candidate is a legal entity – any staff member, or employee of the Candidate.
- Client: the person, company or legal entity including any subsidiaries or affiliates to which the Candidate is proposed.
- Assignment: an Assignment given to PhysioMatch by the Client to recruit and select candidates for the position indicated by the Client.
- Appointment/Appointing: concluding an employment contract, agreement for the acceptance of work or assignment agreement between the Client and the Candidate, or commissioning the Candidate to do so, making the Candidate available to the Client by a third party.
- The Nomination / Nominating: (I) the submission by PhysioMatch to the Client of a curriculum vitae or information identifying the Candidate and/or (II) the holding of a personal or telephone interview by the Client with a Candidate.
Article 2. Agreement
2.1 These General Terms and Conditions are deemed to have been accepted by the Client at the moment that the Candidate is nominated or appointed, or at the moment that the Client passes on information about the Candidate to third parties.
2.2 These General Terms and Conditions contain the entire agreement between the parties. Applicability of any General Terms and Conditions or Purchase Conditions by the Client is expressly excluded.
2.3 Amendments or additions to these General Terms and Conditions are only valid if they have been agreed in writing between PhysioMatch and Customer and have been confirmed by both parties.
Article 3. Notification and fees
3.1 The Client immediately informs PhysioMatch of the Appointment of the Candidate and sends PhysioMatch a copy of the agreement signed by the Client and Candidate within 7 days after appointment.
3.2 All Candidates who have gone through PhysioMatch’s selection process are considered to be candidates of PhysioMatch.
3.3 In the event that the Candidate is nominated to the Client on the initiative of PhysioMatch, the fee will be 4500CHF plus VAT, if applicable. In the event that the Client has explicitly instructed PhysioMatch to recruit and select a Candidate, a higher fee may apply. Agreements in this respect will be established.
3.4 The Client owes the fee upon Appointment of the Candidate, at which time PhysioMatch will send the invoice to the Client.
3.5 The term of payment is 14 days. If payment is not made within 14 days, the Client is legally in breach of contract from then on, without notice of default being required, and willl be charged an interest rate of 1% per month, whereby part of a month will be counted as a full month.
Article 4. Guarantee Regulation
4.1 In order to be eligible for a partial refund of the fee according to the conditions as referred to in article 4.2, the Customer shall pay PhysioMatch’s fee to PhysioMatch within 14 days after the invoice date and must have informed PhysioMatch of the termination, within 7 days after the termination.
4.2 If, within the legally agreed probationary period of 1 month between the Candidate and the Client, it appears that the Candidate does not meet the requirements set out in the job description, PhysioMatch will refund 50 % of the fee to the Client, without prejudice to the conditions set out in Article 4.1, unless the failure to meet the requirements has a cause other than the PhysioMatch’s sphere of influence, such as the employment of the Candidate in a position other than the position for which PhysioMatch has nominated the Candidate, change of the Client’s location, insufficient supervision, circumstances in the Candidate’s person such as relocation, illness and pregnancy. Reimbursement is also not applicable in the event of organisational changes on the part of the Client, such as a reorganisation or staff reduction. For this reason, we will maintain contact during probationary periods. If the Client re-appoints the Candidate within 12 months after the date of termination of the Appointment, the Client is still required to pay the full fee to PhysioMatch.
Article 5. Appointment resulting from nominations
5.1 The Nomination of Candidates is confidential. If the Client provides information regarding a Candidate nominated by PhysioMatch to a third party, which leads to an Appointment by this third party within 12 months following the Nomination, the Client is obliged to pay the fee applied by PhysioMatch as referred to in Article 3.3, without entitlement to a refund.
5.2 In regard to any Candidate appointed by the Client as a result of or arising from a Nomination whether or not directly arranged by or through PhysioMatch, then the fee as referred to in article 3.3 will be due within 12 months following the date of the Nomination.
Article 6. Suitability and references
6.1 PhysioMatch strives to ensure the suitability of the Candidates nominated to the Client as much as possible, by:
– establishing the identity of the Candidate;
– establishing that the Candidate has the experience, education, qualifications and all the necessary competences which are deemed necessary by the Client or which are required by law or by any regulatory authority.
– establishing that the Candidate is prepared to work in the function for which the Client wants to hire the Candidate.
6.2 Concurrent with the Nomination of a Candidate to the Client, PhysioMatch shall inform the Client of the items referred to in Article 6.1, insofar as they have reveived confirmation of this.
6.3 PhysioMatch will endeavour to do everything reasonably possible to ensure that the Client and the Candidate are aware of the conditions set by law or any appeal body to employ the Candidate in the position for which the Client wishes to employ the Candidate.
6.4 Without prejudice to the terms of articles 6.1, 6.2 and 6.3, the Client must ascertain the suitability of the Candidate, taking into account all references submitted by the Candidate to the Client or to PhysioMatch before employing the Candidate. The Client is responsible for obtaining any work permit and/or any other required permission to perform work by the Candidate, for arranging any medical examinations and/or research into the Candidate’s medical history, and for complying with any medical and other conditions, qualifications or permission required by the law of the country in which the Candidate is required to carry out the work.
6.5 In order to enable PhysioMatch to fulfil its obligations under articles 6.1, 6.2 and 6.3, the Customer shall provide PhysioMatch with information regarding the position for which the Customer wishes to employ the Candidate, including:
– the type of work to be performed by the Candidate.
– location of the work and working hours.
– the date as of which the Client wishes the Candidate to commence work.
– experience, education, qualifications and all competences required of the Candidate by the Client, by law or by any appeal body, so that the Candidate can be employed in the aforementioned position.
– health or safety risks to the best of the Client’s knowledge, as well as the measures taken by the Client to prevent or control such risks.
– the duration or expected duration of Appointment;the probable salary, eventual reimbursement of expenses and other benefits.
– the notice period of the Candidate and the Client.
Article 7. Liability
PhysioMatch is under no circumstances liable for any damage suffered by the Client, in any form whatsoever, directly or indirectly, arising from or in any way connected with the Client.
PhysioMatch’s Recruitment & Selection Process, the Nomination or Appointment of any Candidate by the Client, or PhysioMatch’s failure to nominate a Candidate.