GENERAL TERMS AND COND
- These General Terms and Conditions (GTC) apply to all business relations between Schulmeister Management Consulting Hamburg GmbH (hereinafter referred to as Schulmeister) and the customer.
- Conflicting, deviating or supplementary general terms and conditions of business shall not become part of the contract even if they are known, unless their validity is expressly agreed in writing.
- These General Terms and Conditions as well as all legal transactions concluded with Schulmeister shall be governed exclusively by German law to the exclusion of all non-mandatory reference standards and to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- In the event of a legal dispute, it is agreed that Schulmeister Management Consulting Hamburg GmbH shall be subject to the jurisdiction of the court with subject-matter jurisdiction in Hamburg.
II. WARRANTY AND COMPENSATION
- Schulmeister makes every effort to verify information received from applicants but accepts no liability for its accuracy.
- The pre-selection of the candidates presented to the client is made by Schulmeister on the basis of the data provided by the client, for the correctness and completeness of which the client is exclusively liable, as well as on the basis of the information provided by the candidate. The selection of the applicant from the candidates presented by Schulmeister is made by the client.
- Schulmeister does not guarantee the accuracy and completeness of the information received from candidates, nor the quality of the work that selected candidates perform in the client's company.
- Claims for damages asserted against Schulmeister are excluded in any case in the event of slight negligence. In the case of intent or gross negligence, liability for compensation for consequential damage and financial loss, savings not achieved, loss of interest and damage arising from third party claims against the customer shall be excluded.
- Schulmeister is only liable for its own content on its website. If access to other websites is made possible with "links", Schulmeister is not responsible for the external content contained there. Schulmeister does not make the external content its own content. Schulmeister undertakes to immediately remove the "link" to these pages if it becomes aware of illegal content.
III. APPLICANT PROTECTION
The client is obligated to keep secret all information about or data concerning applicants, which are transmitted or otherwise made known to him by Schulmeister, and in particular not to pass them on to third parties. The client further agrees not to forward applicants presented by Schulmeister to third parties or to otherwise contribute to the establishment of contact between these applicants and third parties. The client further obligates himself to inform Schulmeister about the later conclusion of a service contract with a candidate presented by Schulmeister, even if there is no conclusion of a contract in direct temporal connection with the presentation of the candidate.
In the event of violations of these obligations, a contractual penalty of € 25,000.00 per violation is agreed. Any further claims for damages and contractual claims of Schulmeister remain unaffected.
In the event of a contract being concluded between the customer and an applicant presented by Schulmeister within a period of three years from the presentation or disclosure of the applicant's data to the customer, the customer expressly acknowledges Schulmeister's merit for the conclusion of the contract, in particular even if the customer has rejected the applicant within the framework of the order placed with Schulmeister and this applicant is later placed with him again by a third party or the contact between the customer and the applicant is established himself or in whatever way by a third party. This acknowledgement also applies to contract conclusions of the applicant with companies in the economic sphere of influence of the client.
IV. DATA PROTECTION
Schulmeister undertakes to comply with all relevant points of the DSGVO 2018. Furthermore, the greatest possible care in handling client and candidate-specific information is a matter of course for us. The client is responsible for the data protection of the personal data transmitted by us and the corresponding compliance with all relevant provisions of the GDPR 2018 from the time of the transmission of candidate data.
The Schulmeister Group is not responsible for the use of the submitted candidate data beyond the recruitment process.
- Should the placement agreement between the client and Schulmeister contain a backfill guarantee, the client is obliged to inform Schulmeister immediately of the termination of the employment relationship, otherwise the guarantee will expire.
- Schulmeister does not charge a separate agency fee for the renewed search for personnel in connection with a guarantee agreement contained in Schulmeister's offer; any cash expenses incurred, in particular advertising costs and other direct costs, are not part of the guarantee commitment but are borne by the client.
- If, in the course of a subsequent filling - also within the guarantee period - the job profile on which the advertised position is based is changed, this is a new order and does not fall under the guarantee promise mentioned. In the event of a subsequent filling of a position by the client himself, no placement fee will be refunded - even within the guarantee period.
- A free personnel search based on a guarantee commitment will only be covered once by Schulmeister. The guarantee service therefore applies to one backfill per search order.
VI. DIRECT COSTS
- Direct costs incurred on the occasion of the personnel search, in particular advertisement costs, are not included in the agreed placement fee and shall be agreed separately with the client.
- Schulmeister will use its best endeavours to ward off claims for travel expenses from applicants who are invited to personal interviews at Schulmeister and/or the client. Should Schulmeister nevertheless be obliged to pay for travel costs to the interview, these costs shall be borne by the client.
VII. PAYMENT TARGET
- Invoices issued by Schulmeister are due for payment within ten days without any deduction.
- If the payment deadline is exceeded, statutory interest on arrears (entrepreneurial interest) will be charged in accordance with § 288 BGB. All fees quoted by Schulmeister are exclusive of statutory value added tax.
VIII. GENERAL AGREEMENTS
- Possibility to terminate the project: The search for personnel can be terminated by Schulmeister five months after the order has been placed if candidates have been presented by then but no employment contract has been concluded. In this case, the fee will be charged according to the progress of the project.
- Should the candidate presentation not take place within a reasonable time frame (max. 2 weeks after submission of the candidates) due to delays caused by the client, and suitable candidates have therefore taken their bearings elsewhere, a lump sum in the amount of the first partial invoice will be additionally invoiced for a new search process necessitated by this.
- Should the client terminate the personnel search, Schulmeister will charge the client a fee in the amount of 25% of the agreed or expected total fee, irrespective of the partial payments already made up to the termination of the project. However, this fee is capped at the expected total fee, so that the sum of the partial payments made and the project termination fee may not exceed the expected total fee.
- If the candidate is granted a company car for private use, a lump sum of € 10,000.00 will be added to the annual gross income for the fee calculation.
- Exclusivity: should the client recruit a candidate for a specific position through another recruiter within 8 months of placement, the client will be charged the full fee as agreed.
- The basis for the provision of services by Schulmeister is initially his offer. Otherwise these general terms and conditions shall apply in any case.
- Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
1 January 2023
Schulmeister Management Consulting Hamburg GmbH