General Terms and Conditions for the Recruitment Agency
For all services provided by Charisma-Tec GmbH (hereinafter referred to as “Contractor”) under the recruitment mandate, the following General Terms and Conditions (hereinafter “GTC”) shall apply. Deviating general terms and conditions of the customer (hereinafter referred to as the “Client”) shall not apply, even if the Contractor does not expressly object or the Client declares to use its own terms. These GTC shall apply comprehensive and conclusively, unless otherwise agreed in writing.
2. Subject of the Agreement
The activities of the Contractor include the recruitment of specialists and executives in connection with concrete requirement profiles. The Contractor advises the Client, researches the applicant pool of the database and the openly accessible job markets on the internet, and addresses target candidates directly, if desired. The Contractor undertakes the pre-selection of application documents, interviews with the applicants, coordination of interview dates and participation in the interview. The Contractor is not obligated to make enquiries about the certificates and other information provided by the applicants.
3. Order Processing
The Contractor is committed to execute each order carefully and confidential. All information required for the order (job description, place of work, remuneration) shall be provided by the Client. Documents of potential applicants (m/f/d) are being presented to the Client and will remain the sole property of the Contractor. In case no employment contract has been concluded, the applicants’ documents shall be destroyed immediately by the Client. All data of the applicants shall be treated with strictest confidence. The Client undertakes to provide all necessary data and documents for the recruitment mandate.
4. Order Rejection
The Contractor reserves the right to reject recruitment orders in case they violate applicable laws or official regulations or are unreasonable regarding content or source.
5. Recruitment Fee/Terms of Payment
(a) The percentage remuneration for recruitment is based on the gross annual salary (OTE On Target Earnings): 25%. The candidate’s gross annual salary includes vacation and Christmas bonuses, special payments, profit sharing, bonuses, commissions, and the non-cash benefit of a company car.
(b) The non-cash benefit of a company car made available to the placed candidate is set at € 8,000 per year.
(c) Variable remuneration (management bonuses, bonuses, commissions, etc.) is included based on an assumed 100% achievement of targets (OTE).
(d) The Client is obliged to provide the Contractor with a copy of the concluded contract, the gross annual salary of the candidate, as well as all other contractual performances after the conclusion of an employment contract without prior request. The remuneration is due immediately and without deduction upon conclusion of the employment contract with a candidate placed by the Contractor.
(e) Special services such as personality tests and the performance of assessment centers or additional costs such as travel expenses of the candidates and the consultant of the Contractor will be agreed upon, and invoiced separately. The Client is obliged to reimburse other actual expenses if they exceed the usual costs incurred at the Client’s request, considering the proof of their appropriate use.
(f) Rough drafts for advertisements are generally free of charge. The placement of advertisements in the media agreed with the Client shall be subject to the conditions agreed with the Client. The costs will be invoiced separately irrespective of the success of the recruiting placement.
(g) If a candidate is initially rejected by the Client but is then employed by the Client or an affiliated company of the Client within the first twelve (12) months after the conclusion of the recruitment activity, the Contractor is entitled to the respective lost remuneration in accordance with Section 5 (a).
(h) The offers for recruitment are made under the condition that the information about the candidates shall solely be used by the Client. This information is confidential. Any unauthorized disclosure of the recruitment offers, in particular, disclosing candidate profiles to third parties, shall result in a commission obligation in the full amount of the commission which the third party will have to pay as if the recruitment was commissioned directly.
(i) If the placed candidate leaves the company within the first six (6) months, the Client will receive a free replacement. This includes the free recruiting of additional candidates for the position without recalculation of the commission after signing the contract.
(j) The Contractor is entitled to use the Client’s name and logo for reference purposes. Therefore, the Client grants the Contractor a non-exclusive right to use its name and logo. The Client may revoke this consent towards the Contractor at any time.
The Contractor shall only be liable with respect to the care of a prudent businessman. The Contractor shall not be liable for the successful placement of employees, especially, if a certain period of time has been set by the Client. Furthermore, the Contractor shall not be liable for the quality of the work performance of the recruited candidate. It is the sole responsibility of the Client to check the information provided by the applicant. The Contractor shall only be liable for financial losses from recruitment activities in cases of intent or gross negligence. Notwithstanding the foregoing, this shall not apply to the liability from unauthorized actions according to §§ 823 ff Civil Code. Characteristics or qualifications of the applicant, the quality of the work performance, as well as any written or oral statements of the applicant(s) shall not be guaranteed by the Contractor.
7. Data Protection and Confidentiality
The Contractor provides confidential information in connection with the respective candidates solely towards the Client. The Client respects the confidentiality and non-disclosure notices of this information. The Client undertakes to not misuse the candidates’ data or to hand them over to third parties. The Contractor and the Client are obliged to conduct every recruitment order in complete confidentiality and in accordance with the applicable data protection laws and regulations.
8. Final Provisions
If any provision of these GTC should be or become invalid or void, the validity of all other provisions shall not be affected. A provision between the two contractual business partners concerning the invalid provision shall be redesigned and lawfully examined and replaced. Amendments and changes to the GTC between the Client and the Contractor always require text form. Place of performance and place of jurisdiction for any legal disputes is Düsseldorf, Germany. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).