Terms and conditions

1. Scope

These terms and conditions concern the staffing services provided by MedPool. They are valid from 01.01.2024 and replace all earlier terms and conditions.

2. Fee

The fee owed by the client is based on the gross annual income of the future post holder, calculated on a full-time position of 100 %, irrespective of the actual working hours and of any fixed term of the employment.

The gross annual income relevant for calculating the fee corresponds to the target salary and comprises, in addition to the 12 monthly salaries, in particular the voluntary 13th and 14th monthly salary, commissions, profit shares, bonuses, capital-forming benefits, direct insurance, travel allowances and meal subsidies, as well as all other benefits with a monetary value.

The fee (excl. VAT) is calculated as follows:

• 20 % for a gross annual income < CHF 150,000
• 22 % for a gross annual income < CHF 200,000
• 25 % from a gross annual income of CHF 200,000

The entitlement to the fee arises as soon as the client and the applicant named or placed by MedPool have agreed to conclude an employment contract (acceptance). Such agreement may also take the form of a preliminary contract. The fee is payable within 10 days of the entitlement arising. Statutory default interest is owed on late payments without a reminder (Art. 104 CO).

3. Entitlement to a fee after the staffing mandate has ended

The client owes MedPool the fee if, after a placement mandate has ended, an employment contract for the position to be filled is concluded between an applicant named by MedPool and the client.

4. Entitlement to a fee for engagements outside the staffing mandate / exclusivity regarding the candidates presented

If, during or after the end of a placement mandate, one or more employment contracts are concluded between an applicant named by MedPool and the client — or an undertaking economically controlled by or commercially affiliated with the client — for a position other than the one to be filled under the placement mandate, the client owes MedPool the fee for each such employment contract.

The parties hereby agree that the agent has the exclusive right to place the candidate(s) presented with the client. The client undertakes not to carry out any other placement activities regarding the candidate(s) presented without first obtaining the agent's written consent. It is agreed that this exclusivity applies for an indefinite period.

5. Warranty

A warranty case arises where the employment contract is terminated by notice — by the client for good cause, or by the placed applicant for reasons outside the client's sphere of influence — before the start of the position or during the first six months of employment. If a warranty case arises, the client may choose between these two warranty services:

a) MedPool undertakes to repeat the search once, for a period of 60 days and at no additional cost, for a suitable applicant for the same position, the same function and on the basis of the same requirements profile. MedPool reserves the right to invoice expenses (such as travel costs) incurred under the mandate.

b) MedPool undertakes to refund the fee as follows:

• 100 % if the employment contract ends before the start of the position
• 30 % if the employment contract ends during the first six months, provided it is a permanent position.

The warranty service is not owed if, at the time of termination, the client is in arrears with MedPool in respect of fees or expenses due, or if the employment relationship was dissolved because of changed general conditions. Changed general conditions include in particular, but not exclusively, restructuring, merger, sale of the business, changed duties, relocation, changes in salary and all other circumstances for which neither MedPool nor the applicant is responsible.

6. Obligations of the client

The client guarantees to provide MedPool with all documents and data required to perform the mandate, completely and truthfully. The client undertakes to inform MedPool without delay of any agreement reached with an applicant named by MedPool to conclude an employment contract (acceptance), as well as of the conclusion of the employment contract. The client shall send MedPool a copy of the employment contract without being asked. The client also undertakes to inform MedPool without delay if the position has been filled otherwise or is no longer to be filled. The client is obliged to handle the application documents provided by MedPool in accordance with data protection law as set out in clause 7.

7. Data protection

MedPool undertakes to use and store all data and other information material provided by the client exclusively for the purposes of the placement activity and not to pass it on to third parties. The client undertakes to use the application documents and further data concerning applicants provided by MedPool exclusively for the position to be filled at its organisation and not to pass them on to third parties or copy them. The client further undertakes to delete or destroy immediately and completely the application documents and personal data of candidates with whom the application process is discontinued or with whom no employment relationship comes about.

8. Payment terms

All fees and all expenses are subject to the statutory rate of value added tax in force at the time. Following invoicing, payments are due net within 10 days.

9. Further provisions

These terms and conditions are governed by Swiss law. Individual amendments or additions to these terms and conditions are valid only if agreed in writing. Writing includes letter and email. The terms used in these terms and conditions are to be understood as gender-neutral and expressly apply to female persons as well.

10. Place of jurisdiction

The place of jurisdiction for disputes shall be the registered office of the MedPool branch that concluded the staffing mandate.