6 & 7 Floor
10179 Berlin Mitte
(formerly: C/o WeWork / Stresemannstraße 123, 10963 Berlin, Potsdamer Platz)
CEO: Dominic Schulz & Raphael Eisenberg
Legal form: GmbH
Headquarters of the company: Berlin
Register location: Amtsgericht Charlottenburg
VAT no: DE 341625144
Tax number: 37/486/51262
Commercial register B of Amtsgerichts Berlin
Registered number: HRB 226508 B
Mail: [email protected]
Tel.: 030 16639150
General Terms and Conditions for Partner Companies & Clients - Permanent Recruitment
The following General Terms and Conditions (GTC) apply to all present as well as future business relations & legal transactions between the Company (see 1. Definitions) and its cooperation partners (hereinafter: Customer), with regard to the provision of services via permanent recruitment concluded by the Company.
The Company does not recognize any deviating agreements or general terms and conditions of the Customer, unless a deviating individual and written agreement has been made with an authorized representative of the Company.
In these Terms and Conditions, the following definitions shall apply:
a. „Company“ means Eisenberg Consulting and Recruitment Circle GmbH and its subsidiaries.
b. „Client“ means the natural or legal person or partnership with legal capacity to whom the candidate is introduced in connection with a commercial or independent professional activity. In this case, our cooperation and contractual partners.
c. „Applicant“ means the person presented by the Company to the Customer, including members of the Company’s own staff. This also includes potential employees, freelancers, consultants or temporary workers.
d. „Introduction“ means the in-person or telephone interview of the applicant by the Customer following the Customer’s direction to the Company to search for an applicant; or the forwarding to the Customer of a resume or other information that identifies the applicant.
e. „Hiring“ means the legally effective engagement, employment or use of the Applicant’s labor by the Customer (or a company economically or legally related to the Customer), on whatever contractual basis, agreed to directly or indirectly as a result of an introduction by the Company within 12 months of the introduction arranged by the Company.
f. „Compensation“ includes base salary, a guaranteed bonus, an allowance, incentive payments, the use of a Company car, and any other taxable and non-taxable benefits (if any) that the Applicant may claim from the Client within the first 12 months from the date of hire. If a company car is provided by the customer, a notional lump sum of EUR 7,500.00 will be added to the remuneration relevant for the calculation of the fee.
Unless the context indicates otherwise, references to the singular shall include the plural and references to the masculine shall include the feminine and vice versa.
The headings contained in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2. Validity of the Terms and Conditions
- Upon the Client’s engagement of the Company with a requisition, interview or recruitment of the Applicant, these Terms and Conditions shall be deemed accepted.
- No change or modification of these Terms and Conditions shall be effective unless approved in writing by the Company.
- Unless otherwise agreed in writing, these Terms and Conditions shall prevail over any other terms and conditions of business or sale offered by the Customer.
The Customer undertakes:
- to provide the Company with all necessary data and documents for a placement order, or to allow these to be prepared by the Company.
- to notify the Company within 5 working days after presentation and to provide evidence if a presented applicant has already submitted his application documents to the Customer directly or through third parties. (Otherwise, the applicant shall be deemed to have been presented by the Company).
- to inform the Company of the details of the contractual compensation arrangements within 14 days after an offer has been made to an applicant and the applicant has accepted the offer.
- to destroy all personnel records related to the specific assignment, except for the records of the referred applicant, immediately after the completion of the assignment.
4. Recruitment Fees
a. The fee to be paid by the Client to the Company for an introduction leading to a recruitment shall be calculated as follows, measured by the remuneration (excl. VAT):
Fee according to the agreed cooperation agreement.
However, at least 12,500 EURO.
b. The fees shall accrue upon effective conclusion of the agreement. The fee is due within 15 days after conclusion of the contract. A recruitment fee calculated in accordance with clause 4(a) shall be charged in respect of an applicant who, whether directly or indirectly, as a result of or arising from an introduction by the Company, commences employment, enters into an employment, service or consultancy agreement or enters into a similar form of cooperation with the Client or a domestic or foreign partner, subsidiary or parent company economically or legally connected with the Client within 12 months of the introduction.
c. The Company reserves the right to charge interest on overdue amounts at a rate of 9% per annum above the prime rate at the relevant time from the due date until the date of payment.
d. For customers headquartered in the Eurozone – with EURO (€) as local currency – invoices will be issued and must be paid in EURO (€), unless otherwise agreed.
4.1 Retainer Model / Deposit before starting the search
a. If agreed in a cooperation or additional agreement with the Company, a deposit of 5000€ per ordered search, is to be paid to the Company before the start of the search. The remaining fee (according to the agreed cooperation agreement) is due upon signature of the mediated party. The 5000€ deposit is to be deducted from this.
5. Free of charge recruitment activity in case of premature termination of the contract
a. If the contractual relationship with an applicant is terminated within the first 8 weeks from the first day of employment or before, the Company shall conduct a one-time search for a (replacement) applicant to be provided free of charge thereafter against proof of the termination letter, provided that the Customer has
- has paid the fee pursuant to Section 4 within 30 days of the invoice date, and
- he has notified the Company in writing of the termination of the employment relationship within 7 days of the termination,
- the termination is not due to operational reasons (for this the customer is obliged to present and prove the reasons) and
- the termination was declared by the applicant (for this the customer is obliged to present and prove).
b. If the Customer, a subsidiary of the Customer or a company affiliated with the Customer re-assigns an Applicant after termination of the contractual relationship within a period of 6 months after the termination, a full fee calculated in accordance with Section 4(a) above shall be due without any entitlement to free reassignment.
6. Duty of confidentiality - liquidated damages
a. If a presented candidate is hired by the Customer without consulting the Company within 12 months of presentation, or if the Company is otherwise bypassed by the Customer, the Customer agrees to pay liquidated damages equal to twice the hiring fee calculated pursuant to Section 4(a) above. The Company reserves the right to periodically review the situation.
b. Presentations of applicants are confidential. The Customer undertakes not to disclose any data about Applicants to other persons, sole proprietors or companies (hereinafter referred to as „Third Parties“) or to introduce the Applicant to third parties. If the Customer violates this obligation and, if applicable, the applicant is hired by the third party within 12 months after the presentation, the Company may demand from the Customer a fee of up to twice the amount of the hiring fee calculated in accordance with Section 4(a), depending on the severity of the violation, but in any case the Company shall be entitled to claim the profit lost as a result thereof.
a. The Company will screen applicants for agreement and fit for the position to be filled and will make reasonable inquiries of legally permissible content regarding the applicants‘ suitability and resumes. Should this process reveal evidence that precludes suitability for the position to be filled, the applicant will not be recommended for that position.
b. The customer is at liberty to obtain independent references and to inform himself about the suitability of the applicant.
c. Customer is responsible for providing any necessary approvals and for arranging for medical examinations and/or investigations of an applicant’s medical history and for meeting medical and other requirements or qualifications.
8. Privacy and confidentiality
a. Both parties agree that when exchanging applicant data, they are each to be classified as their own data controllers for purposes of data protection law. An order processing agreement between both parties is not required in this respect. The legal basis for the transfer of applicant data to the customer is the respective consent of the applicant. The Company undertakes to obtain this consent from the applicant.
b. If the customer is not interested in an applicant, the customer shall delete the applicant’s data, with the exception of the applicant’s first and last name, after 6 months at the latest. First and last names of the applicant in combination with the date of birth shall be deleted by the customer only after 12 months in order to be able to fulfill its contractual obligations under § 6. The legal basis under data protection law for further storage is the legitimate interest of both parties in the economic performance of this contract, Art. 6(1)(f) DSGVO.
c. The Company undertakes to treat as confidential all information about the Customer’s company that becomes known during the cooperation with the Customer. The Customer also undertakes to keep confidential all information received from the Company about the applicants.
Any liability of the Company with regard to the selection of applicants made by the Customer is excluded, i.e. the Company does not assume any explicit or implicit guarantee for the suitability of an applicant selected by the Customer and is also not liable for any damage caused by false information provided by the applicants or third parties or the confidentiality of applicants during recruitment interviews. Nor is any guarantee given that an applicant presented will not be placed elsewhere prior to the conclusion of a contract with the customer, unless otherwise agreed in writing.
The company is liable for damages only in the case of intent and gross negligence. Excluded from this are damages resulting from the violation of a contractual obligation that is essential for the achievement of the purpose of the contract (cardinal obligation), as well as damages resulting from injury to life, body or health, for which the Company is also liable in the case of slight negligence.
10. Written form requirement
Subsidiary agreements, reservations, amendments and supplements to a contract or to the terms and conditions of business must be agreed in writing by the parties in order to be valid.
These terms and conditions are subject to German law.
12. Use as reference
The Company may include the name as well as the logo of the Customer in its reference list as contractor for the term of this Agreement until revoked, provided that this is not done in a particularly prominent manner. Press releases of the Partner concerning the cooperation must be expressly approved by the Customer in advance and in text form.
13. Severability clause
Should any provision in these terms and conditions or any provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. The wholly or partially invalid provision shall be replaced by a legally valid provision that comes as close as possible to the economic purpose and interest of the invalid provision.