WeLink LLC
K. Tsamebuli St. 64
0144 Tbilisi, Georgia
Identification number: 406485744
info@welink.ge
1.1 These general terms and conditions (GTC) apply to all current and future business relationships between WeLink LLC (hereinafter " WeLink ") and the customer (hereinafter "Customer") that relate to the provision of services in the field of personnel recruitment, payroll accounting and personnel administration.
1.2 These GTC apply exclusively to companies, legal entities under public law or special funds under public law in accordance with the applicable laws in Georgia. Conditions of the customer that conflict with or deviate from these GTC will only be recognized if WeLink expressly agrees to their validity in writing.
1.3 Changes or additions to these GTC must be made in writing. Individual agreements between the parties take precedence over these GTC if they were made in writing. 1.4 These GTC apply to all business relationships between WeLink and the customer, unless otherwise agreed.
2.1 Recruitment Services: WeLink provides comprehensive recruitment services, including the search, selection, interview and hiring of suitable candidates for the Client. The Services also include assistance in negotiating terms of employment and onboarding processes.
2.2 HR and Payroll Management: WeLink takes care of the day-to-day administration of personnel matters, including the administration of salaries, benefits and compliance with legal requirements related to payroll.
2.3 Lending of Workforce: WeLink may, if separately agreed, lend workers to the Client. These workers remain employed by WeLink as part of the employment relationship while being made available to the Client for specific tasks.
2.4 WeLink does not guarantee the successful placement of candidates and reserves the right to adapt or expand the Services at any time.
3.1 The contract between WeLink and the customer is concluded by written confirmation of the offer or by acceptance of WeLink's services by the customer. 3.2 The prices and conditions stated in the offers or service contracts apply unless otherwise agreed in writing.
3.3 A legally valid contract is also concluded if the customer uses WeLink's services without prior written acceptance of the offer.
WeLink's services is set out in the offer or service contract and is due after the services have been successfully provided. 4.2 For the placement of candidates, the full remuneration is due as soon as the customer concludes an employment contract with the candidate placed by WeLink.
4.3 Monthly fees are charged for HR and payroll management services, which are invoiced at the beginning of the following month. 4.4 Payments must be made within 14 days of the invoice being issued without deductions. In the event of late payment, WeLink is entitled to charge default interest at the statutory rate.
4.5 The customer is obliged to deposit a security deposit in the amount of one month's gross salary for each candidate placed, which is due after the contract has been concluded.
5.1 WeLink is only liable for damages if WeLink or its vicarious agents are responsible for intentional or grossly negligent behavior. Liability for simple negligence is excluded unless it involves a breach of essential contractual obligations (cardinal obligations).
5.2 WeLink assumes no liability for the suitability or behavior of the candidates placed after they have been hired by the customer. The customer is responsible for checking the suitability of the candidates before concluding the employment contract.
5.3 The customer indemnifies WeLink against any claims by third parties that result from the customer violating data protection regulations or labor law requirements.
6.1 Both parties undertake to treat all information obtained during the business relationship as confidential and to use it only for the purposes agreed in the contract. 6.2 WeLink processes the personal data of the customer and candidates in accordance with the applicable data protection regulations in Georgia and the EU.
6.3 The customer undertakes not to pass on the personal data of candidates to third parties unless this is absolutely necessary for the performance of the employment relationship and has been agreed with WeLink. A breach of this obligation entitles WeLink to demand a contractual penalty amounting to twice the placement fee.
7.1 The contract is concluded for an indefinite period of time, unless otherwise agreed in writing. 7.2 Each party is entitled to terminate the contract with one month's notice to the end of the month.
7.3 The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the customer does not meet his payment obligations or violates essential contractual obligations.
7.4 In the event of termination by the customer after the recruitment process has begun or after an offer has been made to a candidate, the full remuneration for the services provided remains due.
8.1 If a candidate placed by WeLink is terminated by the customer or the candidate within the first three months of the start of employment, WeLink undertakes to provide the customer with a replacement candidate at no additional cost, provided that the customer has made all payments correctly.
8.2 Complaints and claims in connection with the services provided must be made in writing to WeLink immediately, but no later than within 10 working days of becoming aware of them.
9.1 WeLink reserves all rights to all materials provided by WeLink, including candidate profiles, presentations, reports or other documents. These materials may not be reproduced or distributed to third parties without prior written permission.
10.1 The Customer undertakes not to employ, directly or indirectly, any Candidate presented by WeLink during the term of the Agreement and for a period of 24 months after termination of the Agreement, unless WeLink agrees in writing. In the event of a breach of this obligation, the Customer undertakes to pay compensation amounting to three times the annual salary of the Candidate concerned.
11.1 WeLink does not guarantee that the candidates we place will remain in the position long-term. If a candidate resigns or is dismissed within three months of starting work, WeLink will provide a replacement candidate, but only once free of charge. Any subsequent replacement will be charged at the usual rates.
12.1 Changes and additions to these terms and conditions must be made in writing. Oral side agreements are invalid. 12.2 Should a provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision shall be deemed to have been agreed that comes closest to the economic purpose of the invalid provision.
12.3 The place of jurisdiction for all disputes arising from the contractual relationship between WeLink and the customer is the registered office of WeLink in Tbilisi, Georgia. Georgian law applies.
