General Terms and Conditions
§ 1 Scope of Application, Definitions
The following General Terms and Conditions apply to the business relations between ValueJob (hereinafter referred to as "Personnel Consulting") and the client (hereinafter referred to as "Client"). Deviating terms and conditions of the client will not be recognized unless the personnel consulting firm expressly agrees to their validity in writing. These General Terms and Conditions shall also apply to all future business transactions between the Personnel Consultancy and the Client, without the need to refer to the General Terms and Conditions again.
§ 2 Services of personnel consulting
The personnel consultancy places highly qualified specialists and executives for permanent employment or for another contractual relationship (hereinafter "candidates") with the client. For this purpose, the Personnel Consultancy provides the Client with exposés, CVs and/or similar information about suitable candidates for selected positions. Before providing the Principal with the above-mentioned information, the Recruitment Consultants shall make a preliminary selection and check the basic suitability of the candidates. Upon request, the personnel consultancy can provide the client with further information (e.g. references, notice periods and salary requirements) about the candidate.
§ 3 Services or obligations of the client
(1) The client must ensure that all information and documents necessary for the provision of the services assumed are made available to the personnel consultancy in good time.
(2) The documents and information on candidates provided to the client by the personnel consultancy are exclusively intended for the respective client. The client is not entitled to pass on the documents and information about candidates - neither in the original nor in copies - to third parties.
(3) The client must inform the personnel consultancy in writing immediately (at the latest 14 calendar days) after the conclusion of the contract that a contract has been concluded with the candidate proposed by the personnel consultancy. Furthermore, the personnel consultancy must be informed in writing of the details of the contract and in particular the agreed gross salary in the sense of § 4 (2) of the GTC. Upon request, a copy of the concluded contract must be provided to the personnel consultancy by the client.
(4) The final examination of the suitability of the candidate, in particular the examination of references, certificates and other qualifications, is the responsibility of the client.
(5) Any travel expenses incurred by candidates in order to present themselves to the searching company on site must be paid directly by the client.
§ 4 Fees
(1) If no separate fee agreement has been made between the client and the personnel consultancy and if the client concludes a contract with a candidate proposed by the personnel consultancy for permanent employment or for another contractual relationship, the fee is one third of the annual gross salary agreed with the candidate (performance mandate or contingency).
(2) In the case of a firm order (retainer), the client pays the fee for the search service according to project sections. The fixed total fee is then usually payable in three equal installments: 1. upon conclusion of the contract, 2. upon presentation of candidates, and 3. upon conclusion of an employment contract with a candidate.
(3) The annual gross salary is calculated from all remuneration components. In particular, these include the non-performance-related and/or performance-related components. Non-performance-related salary commitments, such as one-off payments, non-cash benefits or allowances, are stated at their tax value. Performance-related salary supplements, such as management bonuses, benefits or profit shares, are stated at their normally expected or customary value. Benefits in kind are stated at their net present value. In the case of contractual relationships other than contracts for permanent employment, the gross salary is calculated on the basis of the normally expected or customary remuneration.
(4) If within 24 months
- after the first receipt of documents about the candidate by the personnel consultancy or
- in case of the presentation of a candidate by the personnel consultancy or
- after an interview with the candidate arranged by the personnel consultancy or
- after other establishment of contact with the candidate by the personnel consultancy
If the client concludes a contract for permanent employment or another contract with the candidate, the fee claim of the personnel consultancy against the client arises. The fee claim arises regardless of whether the personnel consultancy has received a written confirmation for the sending of documents, presentation or establishment of contact by the client.
(5) The fee claim arises regardless of the position in which the candidate presented by the personnel consultancy is employed or deployed by the client. In particular, the claim for remuneration of the personnel consultancy shall also arise in the event that the candidate is hired or deployed for a different position than the one for which the personnel consultancy has introduced the candidate.
(6) The fee claim also arises if the candidate is hired within 24 months within the client's group - for example, at another subsidiary or parent company. It is irrelevant whether the presented candidate is hired for the originally intended position or another position.
§ 5 Accounting, due date, default
(1) Unless otherwise agreed between the personnel consultancy and the client, the personnel consultancy will invoice for its services as soon as a contract for permanent employment or another contractual relationship has been concluded between the client and the candidate proposed by the personnel consultancy.
(2) Invoices are due without deduction upon receipt of the invoice. The fees or prices listed in the invoices are exclusive of the statutory value added tax. The client is in default at the latest 14 days after receipt of the invoice. During the period of the client's default, the personnel consulting firm is entitled to charge interest on arrears at a rate of eight percentage points above the base interest rate. The assertion of further damages caused by default remains unaffected.
(3) The client can only offset claims that have been recognized by the personnel consultancy or have been legally established.
§ 6 Replacement Efforts
If a candidate presented to the Client by the Personnel Consultancy for a permanent position or for another contractual relationship, and hired by the Client, is terminated by the Client within 3 months, or if the Client terminates the contract, the Personnel Consultancy will endeavour to find a replacement. The Personnel Consultancy undertakes to make the replacement efforts even if the placed candidate does not take up the employment relationship or the other contractual relationship. The client will not be charged a new fee for this.
§ 7 Data Privacy
The personnel consultancy undertakes to the client to maintain secrecy about all information that becomes known within the scope of the contractual relationship. Likewise, the client is obliged to maintain secrecy about all information about the personnel consultancy that becomes known within the scope of the contractual relationship.
§ 8 Liability
The personnel consultancy excludes any liability for damages of the client. Excluded from this limitation of liability are both the liability for damages from injury to life, body or health, if these damages are based on a negligent breach of duty on the part of the personnel consulting firm or an intentional or negligent breach of duty by its legal representatives and vicarious agents, and the liability for other damages, if these are based on a grossly negligent breach of duty on the part of the personnel consulting firm or an intentional or grossly negligent breach of duty by its legal representatives and vicarious agents.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany applies exclusively to contracts between the personnel consultancy and the client.
(2) If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the client and the personnel consultancy is the location of the headquarters of the personnel consultancy.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.