General Terms and Conditions
General Terms and Conditions
§ 1 General provisions
1. These General Terms and Conditions apply to all contracts concluded and personnel services provided by OTTCON | Consulting & Training, hereafter referred to as the 'Consultant', as part of the personnel services defined in § 2.
2. Any conflicting or deviating terms and conditions of the customer, hereafter referred to as the 'Client', shall not be recognised and shall apply only if expressly so agreed in writing.
3. The General Terms and Conditions shall be the basis of or supplement to any individual contract offer proposed by the Consultant.
4. All amendments, collateral agreements and supplements to these General Terms and Conditions must be in writing.
§ 2 Personnel services
1. OTTCON | Consulting & Training specialises in the recruitment, selection and training of technical experts and managers from the fields of IT and financial services, the Consultant provides the following personnel services on behalf of Clients:
· Recruitment of personnel as part of advertising-based or concealed personnel recruitment
· Coaching of candidates
· Group and individual outplacement
· Recruitment of freelance and interim managers
· Development of staff and executive staff
2. As part of their personnel services, the Consultant may draw on suitable third persons for support or to implement the agreed personnel services.
§ 3 Contractual performance
1. The Consultant undertakes to perform every assignment conscientiously and carefully. The suitable steps in this regard will be defined by the Consultant at their own discretion.
2. On behalf of the Client and as part of the recruitment services, the Consultant is responsible for the search, identification, address, motivation, preliminary selection and presentation of suitable candidates, hereafter referred to as 'Candidates', giving due regard to the specific requirements of the Client. The Consultant will organise and prepare the interviews between the Client and suitable candidates. The Consultant will be responsible for rejecting Candidates.
3. As part of a coaching assignment, the Consultant will assist the Candidate throughout the entire period of the application phase. Depending on the wishes of the Candidate, the personnel services spectrum may range from psychological consultation through the optimisation of application documents to the coaching for job interviews.
4. In the context of an individual outplacement, the Consultant will assist in accordance with the requirements of the Client during the entire period of reorientation.
5. In the course of personnel development processes, the Consultant will assist individual persons or groups in accordance with the assignment in the development and implementation of defined targets. Such projects may be team building, 360-degree interviews or analyses of potentials.
§ 4 Collaboration of the Client
1. The Client undertakes to make all document, data and information required to complete the assignment available to the Consultant. This applies in particular to personal specifications, recruitment advertisements as well as any other basic terms of employment.
2. The Client shall collaborate closely with the Consultant to ensure that the commissioned recruitment can take place as quickly as possible. To this end, the Client undertakes to review proposed candidates within 5 working days, to actively take part in job interviews and to promptly provide feedback concerning a candidate to the Consultant.
3. If an employment or service contract is actually concluded with a Candidate, then the Client shall inform the Consultant without undue delay by transmitting a copy of the employment or service contract signed by both Parties, or, in the absence of a written employment contract, by written notification in any form.
4. The Client shall inform the Consultant without undue delay in writing when the need for recruitment becomes moot, especially when the position concerned has been filled by another person or when the vacant position has been abolished.
§ 5 Confidentiality
1. Application records and other information provided by the Consultant to the Client shall remain the property of the Consultant and must treated as strictly confidential. If a Candidate is not employed, the relevant records must be deleted or returned without undue delay to the Consultant. Any transmission to third parties or copying for own use is not permitted. Any violation of the above will give rise to a claim in compensation for damage.
2. References will be contacted only with the prior consent of the Candidate.
§ 6 Agency fee
1. Candidates will be recruited for a fee, which may also take the form of a strict contingency fee.
2. The Consultant is entitled to an agency fee upon conclusion of an employment or service contract between the Client or a company economically affiliated with the Client and a Candidate proposed by the Consultant, or as soon as the Candidate commences his/her work in cases where the written contract is concluded only at a later date.
3. The agency fee is payable by the Client. The fee depends on the type, scope and complexity of the assignment and may be agreed individually before the award of the assignment. If no such agreement has been concluded, the agency fee amounts to 35% of the annual target remuneration including all ancillary benefits. If the remuneration includes variable remuneration components, the agency fee will be calculated on the assumption that the targets have been achieved in full.
4. The agency fee is immediately due upon receipt of the invoice.
5. If either of the two Parties terminates the employment contract before the actual start of the work or during the trial period, the Consultant remains entitled in full to the agency fee as well as to reimbursement of the costs related to all other agreed and provided services. In this case, the placement guarantee as stipulated in § 9(5) of these General Terms and Conditions shall apply if so agreed in advance.
6. If no work or employment contract is concluded at first between the Client and the Candidate proposed by the Consultant, but is concluded at a later stage within a period of 24 month, the Consultant shall also be entitled to an agency fee at the previously agreed rate.
7. All amounts are exclusive of the applicable value-added tax.
§ 7 Processing fee
1. If the Client withdraws from the agency assignment, the Consultant shall charge the Client for a processing fee. This fee amounts to EUR 2,500 for each proposed candidate.
2. All amounts are exclusive of the applicable value-added tax.
§ 8 Other services
1. Costs for the placement of advertisements, costs for the generation of graphological expertises or other services will be agreed by the Client and Consultant in writing and invoiced separately.
2. Costs for services not agreed in advance will be charged by the Consultant as other services according to actual time and materials. This includes, for example, travel and accommodation costs of Candidates, costs for job and selection interviews held at locations away from the office of the Consultant.
3. All amounts are exclusive of the applicable value-added tax.
§ 9 Liability/Warranty
1. The Consultant shall not be liable for the completeness and accuracy of the information provided by the Candidate or third parties. Verification of the information provided by the Candidate or third parties shall be the sole responsibility of the Client.
2. The Consultant shall not be liable for any circumstances falling entirely within the personal sphere of the Client or Candidate.
3. The Consultant does not assume any liability for the working capacity and any related quality and standard of the work to be performed by the Candidate. This applies in particular to any defective work performance, any unfitness for work due to illness or failure to appear for work for any other reason.
4. The liability of the Consultant under the consulting and agency activity is limited to intent and gross negligence. This limitation does not apply to the statutory liability for delict in terms of sections 812 et seq. of the German Civil Code (BGB).
5. If the employment of a Candidate proposed by the Consultant is terminated within the trial period, or if a Candidate fails to take up employment, the Consultant undertakes to resume the recruitment process and find another Candidate. This trial period warranty applies once for each agency assignment and not to the substitute candidate proposed as part of the trial period warranty.
§ 10 Termination of the contract
1. The agency agreement is deemed to have been performed and completed if an employment or service contract is concluded between the Client or a company economically affiliated with the Client and a Candidate proposed by the Consultant.
2. The agency assignment can be terminated in writing by either Contracting Party at any time, subject to a notice period of 14 days for the end of the calendar month. However, the assignment can be terminated at any time with immediate effect for a compelling reason.
3. Any costs incurred up to the time of termination of the contract shall be reimbursed by the Client in addition to the processing fee, provided such costs have been initiated before receipt of the Client's notice of termination.
§ 11 Final provisions
1. The Client consents to having their data of which the Consultant becomes aware as a result of the business relationship saved and processed through automatic data processing by the Consultant as part of the latter's business operations.
2. The place of performance and the place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of the Consultant. The contract is governed by the law of the Federal Republic of Germany.
3. If any provision of these General Terms and Conditions is or becomes legally invalid, the validity and legal effectiveness of the remaining provisions shall not be affected. The invalid provision shall be replaced by an effective provision aimed to ensure that the economic and legal effect intended with the invalid provision is achieved as far as possible.
Oberhausen, 20 April 2015
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