General Terms & Conditions of Use
(Clients)
Status: 01/07/2023

§ 1 Validity of the GTC, Contract Conclusion:

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1.1 These GTC apply to all agreements made between Uni-Hire Ltd, located at 89-91 Morrison Street, Edinburgh, Scotland, EH3 8BU (referred to as "we" or "Uni-Hire"), and the client (referred to as "employer" or "company") regarding the provision of candidate profiles, recruitment services, and related activities. The term "client" includes not only companies but also organizations such as associations, clubs, foundations, NGOs, and public bodies.

 

1.2 These GTC also apply to all future business relationships between us and the client, even if not explicitly agreed upon again. The version of the GTC current at the time of contract conclusion applies.

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1.3 These GTC exclusively govern the contractual relationship, and any counter-confirmations or general terms and conditions of the client are expressly rejected. This applies even if the client makes an offer or accepts an offer with reference to their own terms and conditions.
 
1.4 These GTC are included in the contractual relationship by reference before contract conclusion, either in writing by Uni-Hire or during registration and confirmation on our website. Oral orders are binding only if confirmed in writing, and the client does not object in writing immediately after receiving the confirmation.

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1.5 Uni-Hire services are available only to companies (§ 14 BGB) or organizations that have or intend to hire staff. Consumers (according to § 13 BGB) are not permitted to register or use Uni-Hire services. We may request relevant evidence from clients, and failure to provide it within 14 days may result in the deactivation of the user account.

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1.6 The platform and Uni-Hire offers may only be used for specified purposes as outlined in § 2. Advertising the client's products or services is not allowed. Sending offensive or harmful content, engaging in activities related to the sex trade, or promoting pyramid schemes is strictly prohibited. Recruitment for self-employment or franchise systems requires explicit consent from Uni-Hire.

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§ 2 Purpose of the Internet Platform/App, Scope of Uni-Hire Services:

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2.1 Uni-Hire operates an online portal at www.uni-hire.com as well as through an app. The platform publishes job offers from clients, supports the application process with a system solution, and allows clients to present themselves as employers through company profiles. Candidates can create profiles and apply for job offers.

2.2 Uni-Hire services include enabling the publication of job offers on the employer's page and the electronic provision of candidate profiles. Uni-Hire supports the application process on the system side. However, filling a position with a candidate is the responsibility of the client and the candidate, not a service provided by Uni-Hire.

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2.3 The Uni-Hire platform is not an archiving system for client data and content. Uni-Hire cannot be held liable for the storage, retrieval, or availability of uploaded content beyond contractual obligations.

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§ 3 Registration and Client Obligations, User Account:

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3.1 Clients can register on the Uni-Hire website to create a user account for their organization. Registration implies acceptance of the GTC. Access to the user account and its functions is granted upon GTC acceptance.

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3.2 Clients must use Uni-Hire services only for their own business purposes unless authorized as agencies, personnel service providers, or recruiters with approval from Uni-Hire.

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3.3 A user account may have multiple accesses assigned to representatives of the client. Authorized users must be legally authorized to represent the client. Use of the same access by multiple persons requires approval from Uni-Hire.

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3.4 Clients are responsible for regularly checking their user accounts for messages and promptly responding to communication via the Uni-Hire platform. Failure to respond within 14 days may result in account deactivation.

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§ 4 Job Offers, Rights of Use:

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4.1 Clients are responsible for formulating job offers and company profiles in compliance with all legal requirements, including the General Equal Opportunities Act (AGG). Clients indemnify Uni-Hire from any third-party claims resulting from non-compliance.

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4.2 Uni-Hire reserves the right to modify job offer content in the interest of the employer, ensuring compliance with the General Equal Opportunities Act (AGG).

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4.3 Uni-Hire requires detailed information about job positions and the client's organization for the publication of job offers and company profiles. By providing this information, the client grants Uni-Hire the right to use and distribute it as needed.

4.4 Clients confirm that they have all necessary rights for the content they transmit or post. Clients indemnify Uni-Hire from any third-party claims related to the content.

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4.5 The client shall refrain from copying, modifying, adapting, reverse engineering, translating, distributing, or attempting to breach the security measures of the Uni-Hire Platform, including prices and service descriptions. Furthermore, the client shall not attempt to probe, test the vulnerability of the system or network, or breach the security or authentication measures of the Uni-Hire Platform.

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4.6 The client agrees to support the promotion of Uni-Hire’s services and allows Uni-Hire to refer to the client's organization using the name and logo as a testimonial for Uni-Hire’s services until revoked. The client retains the right to object to the use of their name and logo as a testimonial in written form, communicated to Uni-Hire at any time.

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§ 5 Placing Orders and Scope of the Service

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5.1 The client places an order by confirming they would like to utilise the services of a candidate. The current conditions according to § 8 of these terms and conditions will be displayed in the confirmation process.

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5.2 Unless otherwise agreed, the agreement between the client and Uni-Hire does not establish an exclusive agreement, and the client is free to use services from other providers.

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5.3 The subject of the order is the provision of candidates. A Candidate is considered provided by Uni-Hire as soon as the candidate accepts an offer from the client. This occurs when the client submits an offer to the candidate and they decide to accept. 

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5.4 Candidates and Client have the right to withdraw during the connection period prior to an accepted offer.

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5.5 In the event that a verbal or written, direct or indirect contract (such as an employment contract, whether for a junior or senior position, a contract with a self-employed individual, a contract of participation subject to company law, or similar) (referred to as the "Principal Contract") is formed between the Client and the candidate within the availability period, as defined in Clause 8.5 of these General Terms and Conditions for Business (GTCB), after the candidate and client have been connected (as described in Clause 5.3 of these GTCB) by Uni-Hire, both parties acknowledge that this Principal Contract was facilitated by Uni-Hire. This acknowledgement remains valid even if the Principal Contract is not formed directly with the Client itself but with a subsidiary or a company affiliated with the Client (within the meaning of §§15), and if some or all of the Client's decision-makers or authorized representatives (such as General Manager, member of the Management Board or Supervisory Board, partner) and some or all of the decision-makers or authorized representatives of the company or organization concluding the Principal Contract are the same individuals, and there is no evidence that the conclusion of the Principal Contract is in any way connected to the provision of services by Uni-Hire.

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§ 6 Job Administration and Application Management System

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6.1 The client has the convenience of managing job offers and candidate profiles through their user account. 

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6.2 Job offers can be published via the subdomain (URL within the domain uni-hire.com in the format client.uni-hire.com) provided by Uni-Hire for the client. An assignment, as per § 5 in connection with § 7 of these terms and conditions, can also take place without creating a job offer on the subdomain.

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6.3 The client is provided with an interface by Uni-Hire to integrate their subdomain into their own websites. Technical requirements for the integration are defined by Uni-Hire. Necessary information will be furnished to the client as required.

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6.4 The client can manage candidate profiles through the Uni-Hire platform, as specified in § 5.3 of these GTC. If Uni-Hire observes that the provided candidate profiles are not being processed, Uni-Hire may offer support in the application process as described in Section 3.4 of these General Terms and Conditions. If a candidate profile is saved by the client, the provision period according to § 8.5 of these General Terms and Conditions remains applicable until the client deletes the stored profile.

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6.5 Candidates who directly apply to job vacancies via the subdomain or through other means are considered direct candidates. However, candidates who were made aware of the client by Uni-Hire (in accordance with § 7.4 of these GTC) and then apply through other systems, even though they were provided by Uni-Hire (as per Section 5.3 of these GTC), are not considered direct candidates. 

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6.6 The client has the autonomy to publish a job offer, which was initially posted on the subdomain, on other websites at their expense to generate potential applications. This publication can be done by the client themselves, by third parties, or through additional services provided by Uni-Hire on the client's behalf. Provided candidate profiles that become aware of the client through these channels and subsequently apply directly are also considered direct candidates, in accordance with Section 6.5 of these General Terms and Conditions.

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§ 7 Proposals & Mediation of Candidate Profiles

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7.1 Uni-Hire provides the client with the opportunity to view other candidate profiles and attract potential candidates to increase the pool of candidate profiles available.

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7.2 The client can directly book a placement service when publishing a job offer or at a later point in accordance with Section 5.1 of these General Terms and Conditions. Uni-Hire reserves the right, even without a direct booking of the placement service, to promote the client's published job offer through its channels or with third-party providers at its own expense, with the aim of presenting one or more offers for the placement service to the client, as per Section 5.4 of these GTC.

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7.3 To ensure an optimal provision of candidate profiles as part of the placement service, Uni-Hire offers additional services to the client, if feasible, to expedite the placement process. These services may include the collection and optimization of requirement profiles, pre-selection of candidate profiles, or recruitment process advice. However, Uni-Hire is not obligated to provide these services unless otherwise agreed in writing.

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7.4 A candidate is considered to be made aware of the client through Uni-Hire when the candidate receives information from Uni-Hire that enables them to identify the company. Similarly, if information about a published job offer is transmitted by Uni-Hire without directly revealing the company's identity, the candidate is still considered to be made aware of the company. For instance, if a candidate becomes aware of a job advertisement through Uni-Hire and later discovers another job offer from the same company that was not part of a placement service, applies there, and gets hired, Uni-Hire’s involvement in the preparatory work qualifies the candidate as being placed, as the placement service has been fully rendered.

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7.5 Mediation is deemed to occur when an agreement is reached on a main contract in accordance with Section 5.5 of these General Terms and Conditions. However, there is no mediation if the candidate is considered a direct candidate according to § 6.5 or § 6.6 of these General Terms and Conditions. Such an agreement may already exist if both parties have verbally committed to entering into a main contract ("verbal commitment"). The placement service itself is considered completed once the candidate starts working.

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7.6 If a candidate applies directly to the company as a direct candidate and later, through Uni-Hire, applies to another job offer from the same company and gets hired, the same conditions apply as for a direct candidate, as the initial application was made directly.

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7.7 If there is no direct application according to § 6.5 of these General Terms and Conditions and a candidate previously provided by Uni-Hire applies independently within the last six months prior to the provision, the client must inform Uni-Hire immediately, within 14 days at the latest, or before further processing the application or using the provided information. Failure to comply with this obligation or continued use of the Uni-Hire platform for processing the candidate profile or application deems the candidate as provided by Uni-Hire, and the conditions specified in Section 8 of these General Terms and Conditions apply.

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§ 8 Conditions, Commission & Terms of Payment

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8.1 The client agrees to pay a commission to Uni-Hire upon acceptance from the candidate on the platform.

8.2 Unless otherwise agreed upon between the parties in individual cases, the use of the system for job offer and candidate profile administration is free of charge. However, there may be a fee for the provision of candidate profiles, unless it concerns direct candidates according to § 6.5 or § 6.6 of these General Terms and Conditions. Additionally, Uni-Hire may offer other services, either for a fee or free of charge.

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8.3 The commission and prices are stated in Pounds Sterling and are subject to applicable sales tax.

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8.4 All payment obligations are due immediately and without deduction. In case of default by the client, Uni-Hire is entitled to claim default interest in accordance with statutory provisions.

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8.5 The provision period for a candidate profile is 24 months from the initial provision. If the candidate profile is provided again, the provision period is renewed or reset.

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8.6 The availability period for a direct candidate is six months. If a direct candidate is redeployed, the availability period is renewed or reset.

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8.7 If the main contract is terminated by either the client or the candidate after its conclusion, but before the candidate starts working, any commission already paid will be fully refunded. The provision outlined in § 5.5 remains applicable as if no main contract had been established.

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8.8 If the main contract, as described in § 5.5, is terminated within a specific period after the contractually agreed start of the activity due to personal reasons or the candidate's behaviour, regardless of who initiated the termination, the client is entitled to a refund of the commission amount. Details regarding the refund period and amount can be found at https://uni-hire.com/about-us#uni-hire-pricing, the user account, or the respective invoice. To qualify for the refund, the client must inform Uni-Hire of the termination within 14 days.

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8.9 The commission amount upon accepted offer is based on the currently applicable prices at https://uni-hire.com/about-us#uni-hire-pricing. The specific conditions are displayed in the user account and during the booking process. If a candidate provided by Uni-Hire is employed for another position, the conditions for the provision through the channel that initially made the candidate aware of the client (see § 7.4) apply.

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8.10 In the event that a direct candidate is provided again by Uni-Hire within the provision period specified in Section 8.5, or if a candidate previously provided by Uni-Hire applies as a direct candidate within the same provision period, a discounted commission of 50% will be applied.

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8.11 If the commission is based on the candidate's salary, it will be calculated using the gross annual target salary, which includes the following elements: annual gross salary (plus full Christmas and holiday bonuses if not already considered in the annual gross salary), salary increases within the first 12 months of employment (regardless of any conditions), variable salary components such as bonuses and benefits according to § 8. If variable parts cannot be determined at the time of commission calculation, 80% of the maximum target value will be used as the basis. If no maximum target value is defined, Uni-Hire may estimate the variable components based on standard market comparisons, known company figures, or empirical values. The client has the right to provide evidence to support a more accurate calculation, referring to comparable employees and their previous financial year or contract year. If the client fails to provide evidence within one week of receiving Uni-Hire’s estimate, the estimate will be considered agreed upon and used as the basis for the commission calculation. Any deviations from these regulations must be documented in written form to be valid.

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8.12 If the placed candidate transitions to another type of employment ("upgrade"), the client must notify Uni-Hire in writing within 14 days of signing the contract and pay the difference in placement commission according to the agreement between the client and Uni-Hire. This applies for a period of 24 months from the start of the activity between the client and the candidate, unless otherwise agreed upon in writing. If the placed candidate changes employment relationships multiple times during this period and the employment situation improves each time, each change will be considered an upgrade. An upgrade also includes employment in another company or organization as defined in Section 5.5 of these General Terms and Conditions. For example, if a candidate initially joins as an intern and later becomes a permanent employee after six months, the commission for a permanent employee will be due, minus the commission already paid for the intern.

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8.13 The client agrees to receive invoices and payment reminders electronically via email in PDF format.

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8.14 The commission is still owed by the client if mediation according to § 7.5 of these General Terms and Conditions occurs after the end of the business relationship between Uni-Hire and the client, but as a result of activities carried out by Uni-Hire during the ongoing business relationship.

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§ 9 Suitability of the Candidate, Candidate Profiles

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9.1 Uni-Hire may conduct in-person or telephone interviews with Candidates at its discretion to assess their suitability. However, Uni-Hire does not assume liability for the accuracy of the information provided by the candidates. The candidates are solely responsible for the accuracy of the information they provide.

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9.2 The client is responsible for thoroughly evaluating whether the candidate possesses the necessary skills, experience, and meets the health and character requirements for the job. Uni-Hire bears no liability in this regard.

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9.3 In the case of foreign candidates requiring a work permit, the job cannot commence until the employment office issues the work permit. The client must apply for this permit promptly at their own expense. The work permit information provided on the Uni-Hire platform is based on the candidate's information. An agreement, as per § 7.5 of these terms and conditions, does not exist until the work permit is obtained. The client must inform Uni-Hire in writing immediately, and no later than 14 days after becoming aware of the lack of a work permit, failing which the agreement is deemed not to have been made.

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9.4 All information in the candidate profiles originates from the candidates themselves. They are solely responsible for the correctness and completeness of this information, including references and qualifications. Uni-Hire assumes no liability for the accuracy of this information.

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§ 10 Liability

10.1 Uni-Hire is liable for damages to the customer that arise intentionally or through gross negligence, due to the non-existence of a guaranteed quality of the service, for culpable harm to health, body, or life, or for which liability is provided under the Product Liability Act, in accordance with the legal provisions.

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10.2 In the event of a simple negligent breach of significant contractual obligations (known as cardinal obligations), Uni-Hire’s liability, except for damages to life, limb, or health, or a promised guarantee, is limited to the foreseeable and typical damages that may typically arise in the context of providing the contracted service. Cardinal obligations refer to contractual obligations whose fulfilment is essential for the proper execution of the contract, which the contracting party can regularly rely upon, and whose breach jeopardizes the achievement of the purpose of the contract.

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10.3 Uni-Hire’s liability, for whatever legal reason, is excluded, except for cases of intent and gross negligence, in the case of free services.

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10.4 The liability of both Uni-Hie and its vicarious agents is excluded, except for cases mentioned in 10.1 and 10.2.

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10.5 If the client commissions Uni-Hire to reject candidates, the client is solely responsible for compliance with legal requirements, such as those under the Equality Act. The client must verify in advance how the rejection can be executed and instruct Uni-Hire accordingly.

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10.6 If the client commissions Uni-Hire with the pre-selection of candidates, Uni-Hire will do so to the best of its knowledge and based on the client's criteria and the information provided by the candidates. However, Uni-Hire cannot assume liability for this pre-selection.

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10.7 If the client's behaviour requires Uni-Hire to take action (e.g., rejecting a candidate if the client does not respond or deactivating the client's account as per Section 12 of these GTC), Uni-Hire is not liable for any resulting damages or expenses.

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§ 11 Availability of the Platform/App

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11.1 Uni-Hire grants the client access to the Uni-Hire platform for the duration of the contract.

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11.2 Uni-Hire may temporarily interrupt or restrict access to the services if necessary to ensure the security and integrity of the network, avoid significant disruptions to the network, platform, or stored data, and when the legitimate interests of the client are not significantly affected.

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11.3 Uni-Hire endeavours to provide maximum availability within its control. Uni-Hire guarantees availability within its sphere of influence, typically around the clock at 99% of the year, with the understanding that brief periods of unavailability for system maintenance may occur. Scheduled maintenance activities outside normal business hours will be conducted when possible and reasonable. If there is a foreseeable unavailability exceeding one hour due to maintenance, Uni-Hire will provide prior notice in a suitable manner. Uni-Hire cannot be held liable for the availability, stability, and functionality of the Internet as a whole or the infrastructure of third parties (e.g., access providers, backbones, DNS servers) required for establishing connections. This includes cases of force majeure and unforeseeable events beyond Uni-Hire’s control.

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11.4 The use of free functionalities, services, and services is not guaranteed, and Uni-Hire may discontinue, terminate, or expand free services without entailing any claims for the client.

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§ 12 Deactivation of User Account, Extraordinary Termination

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12.1 Uni-Hire reserves the right to deactivate or delete user accounts or restrict their access to certain functionalities under specific circumstances.

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12.2 Uni-Hire may deactivate or delete a user account if there is an important reason for extraordinary termination. Such reasons include but are not limited to:
- Unauthorized use of the Uni-Hire platform, including contacting candidates or taking actions unrelated to job offers. Passing access data to third parties is prohibited.
- Engagement in illegal activities using the user account.
- Deliberate provision of incorrect information relevant to the placement or provision of services by Uni-Hire.
- Repeated and culpable violations of these General Terms and Conditions (GTC).
- Neglecting the user account, particularly if there is no activity for a reasonable period, such as failure to respond to candidates in a timely manner.

Uni-Hire will carefully consider the severity of the violation or suspicion before making a decision.

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12.3 In cases of suspicion, Uni-Hire will temporarily deactivate the client's user account until proven otherwise. The client bears the burden of proof. If the suspicion is confirmed, Uni-Hire is entitled to delete the user account and claim any expenses or damages resulting from the client's actions.

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12.4 Blocking or deleting the user account while using paid services also constitutes termination for good cause by Uni-Hire.

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12.5 Upon deleting a user account (whether by the client or Uni-Hire), the deletion of certain data is excluded.

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§ 13 Information Obligations, Non-Solicitation

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13.1 The client must promptly inform Uni-Hire in written form of any circumstances that may impact the execution or success of the brokerage activity.

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13.2 Specifically, the client must immediately notify Uni-Hire in written form about any agreements related to the conclusion of a main contract and provide additional information necessary for calculating Uni-Hire’s commission.

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13.3 The client agrees not to poach candidates who have been provided or made known to them through Uni-Hire, nor recommend them to other companies or platforms, or take actions that would lead these candidates to be hired outside the Uni-Hire platform. If the candidate becomes unavailable for placement due to the client's actions, it will be treated as if an agreement to conclude the main contract had been reached (cf. § 5.5 of these General Terms and Conditions).

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13.4 Uni-Hire commits not to actively approach the client's employees for placement on the Uni-Hire platform. However, this provision does not apply to client employees who explicitly express their active job search, openness to job offers, or proactively register with Uni-Hire. The client must also refrain from actively approaching Uni-Hire employees.

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§14 Consequences of Failure to Provide Information and Breach of These General Terms and Conditions

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14.1 If the client fails to fulfil their information obligations towards Uni-Hire adequately, preventing Uni-Hire from checking the provision of their service based on specific information (e.g., not informing about the agreement on a main contract according to § 5.5 of these GTC for billing), Uni-Hire may use publicly available information to determine the missing information necessary for examining the service provision or invoicing. If the salary is the basis of the commission, the average salary in the respective type of employment may be used. The determined salary will be presented to the client, and if there is no objection within 14 days along with appropriate evidence, the commission basis will be the salary determined by Uni-Hire.

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14.2 If estimating the commission basis according to § 14.1 is not feasible or if the client objects to the salary determined by Uni-Hire, and an agreement cannot be reached, the following applies: The client must pay Uni-Hire a lump-sum commission of GBP 10,000. Uni-Hire may lower this flat-rate commission if necessary. The client has the right to provide evidence in individual cases to show that Uni-Hire’s commission claim is lower in the specific case. If the proof is not provided within 14 days after the flat-rate announcement, the flat rate must be paid. If the evidence is successful, the client owes the correspondingly reduced amount. This regulation does not limit any other claims that Uni-Hire may assert.

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§ 15 Contact for Marketing Purposes

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Uni-Hire may contact the client via email or other provided contact options for marketing purposes until revoked, which must be in written form.

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§ 16 Confidentiality Towards Third Parties

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16.1 The client and their employees with access to candidate profiles must treat all received information as part of the placement activity confidentially and not disclose it to third parties. Third parties include affiliated companies within the meaning of §§ 15 and companies where the persons authorized to represent, shareholders, or owners are (partially) the same person. Uni-Hire also commits to treating the client's provided information confidentially.

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16.2 If the client breaches this confidentiality obligation and a third party then enters into a contract with a candidate provided by Uni-Hire, the client will be treated as if an agreement on the conclusion of the main contract had been reached (cf. § 5.5 of these GTC). Uni-Hire reserves the right to pursue further claims.

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§ 17 Data Protection

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17.1 The parties commit to full compliance with all applicable data protection laws, including the EU General Data Protection Regulation (GDPR) (EU 2016/679). Each processing activity will comply with Article 6 GDPR, and both parties will fulfil all obligations arising from the GDPR, including informing data subjects about the purposes and legal basis of the processing as per Article 12 et seq. GDPR. At the request of one party, the other party shall provide documents proving compliance with data protection requirements.

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17.2 At the beginning of the cooperation, the client shall provide Uni-Hire with a document that fulfils the requirements of Article 12 et seq. GDPR towards the candidates. Uni-Hire will make this document available to the candidate if Uni-Hire gains knowledge of the candidate's personal data. This is done to ensure the client's legal obligation to provide information in accordance with Article 12 et seq. GDPR. Uni-Hire is not obligated to verify the correctness and completeness of this document.

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17.3 Both parties shall ensure that only personnel bound by confidentiality obligations or subject to other appropriate contractual or statutory confidentiality obligations are involved in the processing of personal data.

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17.4 The parties mutually release each other from any liability and claims of third parties based on data protection, including official fines resulting from the other party's failure to comply with legal and/or contractual data protection obligations.

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17.5 The parties agree that they act as separate data controllers. As such, each party is solely responsible for its respective data processing activities and any damages resulting from such processing, particularly in violation of the GDPR. This agreement does not create joint data processing responsibility, and neither party shall be jointly and severally liable for breaches committed by the other party.

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§ 18 Amendments to these General Terms and Conditions

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18.1 We reserve the right to make changes to these General Terms and Conditions during the contractual relationship. The client will be explicitly informed of the changes in an appropriate manner, typically through a pop-up window or an email, and the modified sections will be highlighted. The method of informing the client about the changes will be at our discretion.

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18.2 If the client does not object in writing within four (4) weeks after being notified about the updated version and expresses non-acceptance of the changes, the updated version will be considered tacitly accepted and will apply from that point forward. We will ensure to emphasize the significance of the client's response regarding the changes.

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§ 19 Duration of the Contract, Termination

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19.1 The contract between the client and Uni-Hire is of indefinite duration. Either party can terminate the contract at any time by providing a notice period of 14 days through written communication. Furthermore, the client can terminate the contract immediately by deactivating or deleting their account without any notice period. If paid services have been commissioned but not yet fully performed at the time of termination, reimbursement will only be made for the portion of the service that remains unfulfilled.

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19.2 Upon termination, Uni-Hire will promptly deactivate or delete the client's user account, along with all content and active job offers at that time.

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19.3 For regular terminations, the provisions in § 12.5 of these General Terms and Conditions regarding personal data shall apply accordingly.

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19.4 The right to extraordinary termination remains unaffected. Reference is made to Section 12 of these General Terms and Conditions for special cases of extraordinary termination.

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§ 20 Applicable Law and Jurisdiction

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20.1 These General Terms and Conditions are governed by the laws under the jurisdiction of Scotland, excluding international law such as the UN Sales Convention (CISG).

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20.2 The place of jurisdiction is Scotland if the customer is a merchant, a legal entity under public law, or a special fund under public law. However, Uni-Hire is also entitled to sue at the customer's registered office in such cases.

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§ 21 Assignment, Offsetting, Binding Language Version

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21.1 Rights and obligations under this Agreement may not be assigned or transferred by the client without prior consent from Uni-Hire.

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21.2 The client can only offset counterclaims that are undisputed or have been legally established.

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21.3 If these General Terms and Conditions are available in multiple language versions, only the English language version shall be legally binding.

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§ 22 Severability Clause, Place of Performance

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22.1 If any provision of these General Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the statutory regulations shall replace the invalid provision.

 

22.2 The place of performance is Scotland.