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Terms and Conditions (T&C's) - Argo Xperts GmbH

Terms and Conditions (T&Cs) – Recruitment Services

Argo Xperts GmbH – Zurich, Switzerland
Effective Date: 12th June 2026

1. Legal Basis and Scope

1.1 Argo Xperts GmbH (“Agency”) provides private placement services within the meaning of the Swiss Federal Act on Employment Services (AVG).

1.2 The Agency holds the required cantonal and federal authorisations to carry out private placement activities in Switzerland.

1.3 These Terms and Conditions apply to all services provided by the Agency. Any individual placement agreement concluded between the parties takes precedence over these T&Cs.

1.4 Deviating terms of the Client shall only apply if expressly accepted in writing by the Agency.

2. Role of the Agency (Mandatory Clause)

2.1 The Agency acts exclusively as an intermediary between the Client and candidates.

2.2 The Agency is not a party to any employment contract concluded between the Client and a candidate and does not assume any employer obligations.

3. Services

3.1 The Agency provides recruitment and placement services including:

  • identification and selection of candidates
  • evaluation of qualifications based on available information
  • introduction of candidates to the Client
  • coordination of interviews

3.2 The Client undertakes to provide complete and accurate information regarding job requirements, working conditions, and relevant compliance obligations.

3.3 The Agency does not guarantee:

  • the conclusion of an employment contract
  • long-term performance or retention of candidates

4. Fees

4.1 A placement fee is payable only upon the effective conclusion of an employment contract between the Client and a candidate introduced by the Agency.

4.2 Unless otherwise agreed in writing, the placement fee amounts to:

  • 22% of the candidate’s gross annual salary

4.3 The gross annual salary includes all fixed contractual components and guaranteed bonuses.

5. Payment Terms

5.1 Unless otherwise agreed:

  • 50% of the fee is due upon signing of the employment contract
  • 50% is due upon completion of the probation period (maximum 3 months)

5.2 Invoices are payable within 30 days net.

5.3 All fees are stated exclusive of VAT.

5.4 In case of late payment, default interest of 5% per annum applies in accordance with Art. 104 Swiss Code of Obligations.

6. Refund Policy

6.1 No fee is due if the candidate does not commence employment.

6.2 If the employment relationship is terminated during the probation period:

  • 50% refund if termination occurs within the first or second month
  • 33% refund if termination occurs during the third month

6.3 Refunds constitute full and final settlement of the Agency’s obligations.

7. Non-Circumvention

7.1 If the Client, or any affiliated entity, hires a candidate introduced by the Agency within 12 months of introduction, the full placement fee remains payable.

7.2 This applies irrespective of:

  • the hiring channel
  • indirect or delayed employment arrangements

8. Cross-Border Placements

8.1 For candidates from EU/EFTA or third countries, the Client is solely responsible for:

  • obtaining work and residence permits
  • compliance with immigration regulations
  • registration with social security authorities

8.2 The Agency assumes no liability for compliance with employment eligibility or regulatory requirements.

9. Confidentiality and Data Protection

9.1 Both parties undertake to treat all information exchanged as strictly confidential.

9.2 Candidate data may only be used for recruitment purposes and must not be disclosed to third parties without consent.

9.3 The Agency processes personal data in compliance with:

  • the Swiss Federal Act on Data Protection (revDSG)
  • applicable international data protection regulations

10. Liability

10.1 The Agency is liable only for intentional or grossly negligent breaches.

10.2 Liability for ordinary negligence is limited to foreseeable and typical damages.

10.3 The Agency shall not be liable for:

  • hiring decisions made by the Client
  • performance, conduct, or acts of candidates

10.4 Total liability is limited to the amount of the placement fee, to the extent permitted by law.

11. Term and Termination

11.1 These Terms apply for the duration of the business relationship.

11.2 Termination does not affect the Agency’s right to fees for:

  • candidates already introduced
  • services already performed

12. Governing Law and Jurisdiction

12.1 This contractual relationship is governed exclusively by Swiss law.

12.2 The exclusive place of jurisdiction is Zurich, Switzerland, subject to mandatory legal provisions.

13. Final Provisions

13.1 Should any provision of these T&Cs be invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that reflects the original economic intent.

13.2 Any amendments must be made in writing.

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