These General Terms and Conditions apply between TALENTLOTSEN GmbH, represented by the Managing Director Jan Wulf, Große Elbstraße 133, 22767 Hamburg - hereinafter referred to as "TALENTLOTSEN" - and the customer.
The subject of the contract between the parties is the placement of personnel by TALENTLOTSEN to the customer. For this purpose, TALENTLOTSEN offers different services as described below, according to which individual service elements, payment modalities, etc. are determined.
The customer is obligated to immediately inform TALENTLOTSEN of the conclusion of the contract with the applicant. This applies not only to the conclusion of an employment relationship, but also to service and work contracts, as well as agency relationships ("corresponding legal relationship"), insofar as they have come about through the mediation of TALENTLOTSEN.
A mediation within the meaning of the General Terms and Conditions shall also be deemed to have been effectively concluded if
- the contractual relationship between the customer and the applicant has been concluded subject to a condition precedent.
- the applicant is hired by the customer for a position other than the one for which he/she was originally presented.
- the applicant is hired for the original or another position within 12 months of an unsuccessful placement with the client.
- the customer concludes a corresponding contract with the applicant by circumventing the mediation by TALENTLOTSEN. This is particularly the case if the applicant is to be employed by a group of companies within the meaning of § 18 of the German Stock Corporation Act (AktG) after his data has been transmitted by TALENTLOTSEN.
TALENTLOTSEN receive a commission claim for the placement, which depends on the agreed annual gross target salary between the candidate and the client. The remuneration model, is determined by the choice of the service package.
However, the scope of duties of TALENTLOTSEN does not include,
- reviewing or obtaining any regulatory approvals or work permits relevant to the legal relationship between the Applicant and the Client.
This also does not include the examination or obtaining of residence or alien law requirements, as well as those that are required by law for the exercise of the activity (e.g. according to § 6 para. 2 GmbHG, etc.).
- the examination of the health suitability of the applicant or
- checking or obtaining police clearance of the applicant.
2. a Classic
The contract between the parties is established when a legal relationship between the applicant and the customer is established through the mediation of TALENTLOTSEN.
The amount of the commission is agreed individually. This agreement is not subject to the written form requirement. In case of tacit agreement on the amount of commission, in case of doubt, TALENTLOTSEN is entitled to commission in the amount of 1/3 of the applicant's annual gross target salary.
The annual gross target salary is understood to be the sum of the monthly salary remuneration
- Amount of agreed annual bonus payments, irrespective of the conditions (e.g. target agreements) on which payment is dependent.
- all non-cash benefits
- Based on the pre-selection of applicants made by TALENTLOTSEN, the customer cannot make any claims, especially not for the quality of the provided services of the applicant after the conclusion of corresponding legal transactions with the customer.
- TALENTLOTSEN is also not liable for information provided by the applicant to TALENTLOTSEN in his/her resume, written correspondence or conversations and other forms of communication. The customer is solely responsible for verifying the information provided by the applicant to TALENTLOTSEN. The customer has no right to demand information or surrender of data of the job seeker from TALENTLOTSEN.
- The customer is also obliged to comply with the statutory data protection provisions.
- The exclusion of liability applicable under 3a. does not apply in the case of gross negligence or intentional actions resulting in injury to life, body or health. In this case, TALENTLOTSEN is liable according to the statutory provisions.
4. due date of the commission
- The commission of TALENTLOTSEN is due immediately upon verbal, textual or written conclusion of the agreement between the applicant and the client.
- The customer is obligated to TALENTLOTSEN immediately to truthfully provide such information that is necessary for the calculation of the remuneration / commission of TALENTLOTSEN.
- Should the corresponding legal transaction be invalid, in particular due to successful contestation according to §§ 119 ff. BGB by dissent according to §§ 154, 155 BGB or premature termination before the start of the activity, this has no effect on the existence and maturity of the claim of TALENTLOTSEN.
- The amount of the agreed fee does not include the statutory value-added tax and any expenses.
The customer is in default if he does not pay within 14 days after the due date and receipt of the invoice.
6. termination provisions
The contractual relationship can be revoked by the client within 30 days if no interview has been arranged between a candidate presented by TALENTLOTSEN and the client during this period (satisfaction guarantee). In this case, payments already made will be refunded to the client. Otherwise, the agency contract can be terminated by either party with a notice period of 14 days to the end of the month. Furthermore, the legal termination regulations apply between TALENTLOTSEN and the client.
- Without the express permission of TALENTLOTSEN, the customer is not permitted to disclose the applicant information to third parties. The customer may only use the information within the framework of the legal relationship existing between him and TALENTLOTSEN.
- The contractual partner also undertakes to secure this data and to protect it against unauthorized access.
- The application documents, which are the property of TALENTLOTSEN, must be returned if a corresponding legal transaction is not concluded.
8. final provisions
- Conflicting, supplementary or deviating terms and conditions of the customer shall not be recognized unless otherwise agreed. The inclusion of general terms and conditions of the customer is contradicted.
- Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remainder of the contract. The parties shall endeavor to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the invalid or unenforceable provision in economic terms. The same shall apply in the event of a loophole.
- The exclusive place of jurisdiction for all disputes between the parties arising from or in connection with this contract shall be the Free and Hanseatic City of Hamburg. This contract is subject to German law
- Insofar as permissible under Section 305c of the German Civil Code (BGB), deviating agreements and ancillary agreements shall only be effective if they are made in writing or text form. This shall also apply to any amendment of this written form agreement.