1. Scope of the General Business Conditions
Unless otherwise agreed in writing, the General Business Conditions will govern the business relations between logment Nachtsheim Consultants GmbH (hereinafter referred to as “logment”) and the principal (hereinafter referred to as the “Client”). The General Business Conditions, as amended from time to time, will also apply if they are not expressly mentioned. If any contract terms are agreed for specific transactions, these terms shall be supplementarily applicable. The latest version of the General Business Conditions is available to be retrieved and consulted by the principal at any time.
2 Data protection
The regulations of the EU GDPR, the German Data Protection Act (BDSG new) and other applicable legal provisions on data protection apply. The contracting parties are obliged to keep secret all information obtained by them during the recruiting project about the candidates as well as the subject-matter of the mandate. This obligation of secrecy will continue after the termination of the recruiting mandate. Any application documents which are made available to the Client under a recruiting mandate are to be treated confidentially and may not be transmitted to third parties. Any transmission to affiliated companies is only permitted after consulting with and obtaining the express approval of logment and the proposed candidate.The requirements of the German Federal Data Protection Act shall apply.
The information provided by logment about a candidate is based on the candidate’s statements.
The recruitment services provided by logment do not dispense the Client from verifying the candidate’s suitability. In this respect, the responsibility rests solely with the Client.
4. Application procedure
4.1 Once the mandate has been awarded, logment will propose suitable candidates on the basis of an agreed job profile. In case a proposed candidate is already known to the Client due to a direct application, the Client is obliged to report and provide proof of this fact without delay.
4.2 Up until the first meeting all contact with the applicant is exclusively via logment. Thereafter, by agreement and the approval of logment.
4.3 The Client undertakes to notify logment immediately if he has succeeded in filling the position without logment’s intermediation. In this case, logment reserves the right to bill any expenses already incurred.
4.4 The recruiting mandate is fulfilled when an employment contract is concluded between the Client and the candidate proposed by logment.
4.5 When an applicant is introduced to a company, a company has an obligation to pay logment (see §5), when the applicant is employed, within a period of 12 months, beginning from the day of the introduction.
5.1 logment receives a commission from the Client for its services.
In the event of a successful recruitment, a lump sum of … percent of the first fixed annual gross salary agreed between the employer and the employee is calculated
5.2 When the contract has been placed and the first candidate interviewed, logment charges a one-off administration fee of … percent of the commission amount that logment may expect in the event of success. If the mandate is withdrawn, logment retains this amount. In the event of a successful recruitment, the amount is offset against the commission.
5.3 The fee will become due and payable at the earlier of: (i) the conclusion of the contract with the candidate or (ii) the commencement of work by the candidate in the principal’s (Client’s) company or group of companies and its affiliated companies.
5.4 The fee is payable within 10 days after invoicing.
5.5 If a successful candidate is found on the basis of an unsolicited application commission is calculated on the basis of § 5.1. In this case no administration fee will be charged.
5.6 Any additional services such as advertising rates, travel expenses, possible expert reports etc. will be charged on a case-by-case basis, subject to a separate agreement.
6. Termination of the Contract
6.1 Both contracting parties may terminate the contract at any time, subject to a notice period of 4 weeks. If the contract is terminated by the Client, logment may only charge the fees and expenses that were provably incurred before the termination of the contract.
6.2 logment may withdraw from the contract at any time if a petition to open insolvency proceedings is filed by or against the client.
7. Validity period
These General Business Conditions are valid for the current business year and shall be automatically extended until 31st December of the following year unless they are replaced by new General Business Conditions.
8. Governing law and jurisdiction
The laws of the Federal Republic of Germany shall apply. Any deviations from these General Business Conditions or any supplementary agreements have to be agreed in writing to be binding.If any individual provisions of these General Business Conditions should be or become invalid or unenforceable, the remaining provisions shall remain in full force and effect. The sole place of performance and jurisdiction for all claims arising out of the business relationship shall be Offenbach am Main. logment is also entitled to institute legal proceedings at the place of the Client’s domicile at its discretion.
Offenbach, January 01, 2019 Phone +49 (0) 69 6976844-0