1. These Terms and Conditions («Terms») govern the contractual relationship between

• Alpinum Solutions AG, Zurich, Switzerland; or
• Alpinum Solutions AG, Zweigniederlassung Vaduz, Liechtenstein;

(«Alpinum Solutions»), and the client («Client»). These Terms apply to all assignments for executive search accepted and carried out by Alpinum Solutions. Specific conditions explicitly agreed upon in writing or via email by Alpinum Solutions and the Client shall take precedence over these Terms.

2. This Terms are not applicable for staff-leasing assignments. For staff-leasing, the contractual provisions are always agreed upon in a separate staff-leasing agreement to be signed by the Client and Alpinum Solutions.

3.1. For executive search mandates, the Client shall pay Alpinum Solutions a success fee of 25% of the candidate’s first year’s gross annual total compensation. The annual total compensation is considered as the yearly income (gross annual salary, including commissions and bonuses), as well as other material monetary benefits (e.g., company car, housing allowance, lump-sum contributions). For part-time positions, the base salary used for fee calculation shall be pro-rata.

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, shall be due and payable by the Client.

Regardless of the above-mentioned articles, the minimum success fee per assignment amounts to CHF 10’000.- for Switzerland/Liechtenstein.

3.2. This fee is success-based and is payable in CHF (excl. VAT) as soon as a contractual relationship (employment or mandate) is established between the Client and a candidate presented by Alpinum Solutions, regardless of the actual start date of the candidate. The Client agrees to notify Alpinum Solutions within 5 calendar days of entering into a contract with the candidate and to disclose the relevant financial details for fee calculation.

3.3. Any expenses (e.g., advertising, candidate expenses) to be borne by the Client must receive prior written confirmation from the Client and will be invoiced separately at cost rate, payable within 14 calendar days.

3.4. The mandate is also considered fulfilled, and the Client shall pay Alpinum Solutions the agreed-upon fees in the following situations: (a) if the candidate presented by Alpinum Solutions is not accepted by the Client or the candidate rejects the job offer but is later employed or mandated by the Client (directly or indirectly) within 12 months from the date of the candidate’s data being sent to the Client, or (b) if the Client presents the candidate selected for them to a third party (directly or indirectly), and the candidate is employed or mandated with this third party within 12 months from when the candidate’s data was sent to the Client. These claims also apply if the employment or mandate pertains to a position other than the one originally contemplated, and regardless of the reasons that led to entering into the contract, especially if the candidate applied to the Client, the Client contacted the candidate, or the candidate was referred by a third party after the initial submission by Alpinum Solutions.

3.5. If the Client or the candidate terminates the employment contract within three months after the start date, the Client must inform Alpinum Solutions via email within 10 working days for the following guarantee to apply: (a) Alpinum Solutions shall find a replacement candidate without additional cost, except for additional advertising costs if instructed by the Client; (b) If Alpinum Solutions fails to find a replacement candidate for the contractually agreed position within a reasonable period, the following fee reimbursement is agreed: 100% of the fee if the placed candidate does not start, 70% of the fee if termination notice is given during the first month, 50% in the second month, and 20% in the third month.

4. Alpinum Solutions is committed to carefully reviewing and analyzing a candidate’s suitability for the anticipated role. However, Alpinum Solutions› services do not replace the thorough examination of the candidate by the Client. The Client is solely responsible for candidate selection, the performance of duties transferred to the candidate, arranging any necessary medical examinations, obtaining and/or verifying all required (working-) permits and references.

5. The Client acknowledges that presenting a candidate or submitting a candidate’s data occurs under strict confidentiality. Candidate files provided to the Client through Alpinum Solutions remain Alpinum Solutions› property, except for the file of the candidate hired by the Client. All application files must be handled with complete confidentiality. If the candidate is not hired, the file must be returned to Alpinum Solutions or destroyed/deleted by the Client. These files must not, under any circumstances, be stored, processed, shared with third parties, or used directly or indirectly, in accordance with Swiss Data Protection Law (for Switzerland) and GDPR (for Liechtenstein).

5. The Client acknowledges that presenting a candidate or submitting a candidate’s data occurs under strict confidentiality. Candidate files provided to the Client through Alpinum Solutions remain Alpinum Solutions› property, except for the file of the candidate hired by the Client. All application files must be handled with complete confidentiality. If the candidate is not hired, the file must be returned to Alpinum Solutions or destroyed/deleted by the Client. These files must not, under any circumstances, be stored, processed, shared with third parties, or used directly or indirectly, in accordance with Swiss Data Protection Law (for Switzerland) and GDPR (for Liechtenstein).

6. The mutual confidentiality obligation applies to any non-public information exchanged between the Client and Alpinum Solutions during contract performance.

7. The contractual relationship between the Client and Alpinum Solutions is subject to

• for Alpinum Solutions AG – law of Switzerland and Zurich as exclusive place of jurisdiction;  
• Alpinum Solutions AG – law of the Principality of Liechtenstein and Vaduz as exclusive place of jurisdiction;  

7. The contractual relationship between the Client and Alpinum Solutions is subject to

• for Alpinum Solutions AG – law of Switzerland and Zurich as exclusive place of jurisdiction;
• Alpinum Solutions AG – law of the Principality of Liechtenstein and Vaduz as exclusive place of jurisdiction;