EN
care:republic
1. Deliveries and provision of services by care:republic (AN) to all customers as client (AG) are governed exclusively by these terms and conditions and any other written agreements.
The general terms and conditions of the AN become part of the contract as a whole. Any existing purchasing conditions of the client that conflict with the terms and conditions of the contractor do not become part of the contract even if the contractor does not expressly object to these purchasing conditions. Amendments to these terms and conditions in individual cases are only valid if the AN confirms these changes in writing and only apply to the individual business case. They are therefore not automatically applicable to all other services provided to the client.
2. Until revoked by the contractor, these general terms and conditions also apply to all future services and transactions with the client, in particular brokerage, consulting and service contracts in the context of personnel search and selection, even if they are not expressly agreed again.
3. All prices quoted are net prices excluding sales tax and shown in euros.
1. In principle, an order from the client is an offer to conclude a contract which must be made in writing or electronically or, after being given orally or by telephone, is confirmed by the client in writing or electronically.
2. The order is accepted in writing or digitally by the Contractor. When an order is accepted, a brokerage, consulting or other service contract is concluded.
3. The client cannot demand changes to the order after acceptance by the contractor.
1. The right to a placement fee arises - unless otherwise agreed in writing with the client - as soon as an employment relationship is established between the candidate proposed by the contractor and the client. An employment relationship is understood to mean any job offer from the AG, but also any self-employed employment relationship, e.g. in the context of freelance work. The employment relationship is established when the client gives an employment commitment and this is accepted by the applicant, but no later than when the applicant starts employment.
2. The brokerage fee is also incurred in the following cases:
• If the AG hires the applicant despite qualities and qualifications that differ from the requirement profile, or
• if, in the case of economic equivalence, the applicant is hired for a position other than the one commissioned, the sole cause of the contractor's activity being decisive for the establishment of this employment relationship.
3. The placement fee is calculated on the basis of a percentage of the gross annual target salary agreed between the client and the candidate. In the case of a self-employed employment relationship, the agreed annual target remuneration excluding VAT is decisive instead of the gross annual target salary. However, a brokerage fee of at least EUR 7,500.00 applies.
4. The gross annual target salary or annual target remuneration based on the calculation of the brokerage fee is understood as the gross salary calculated over one year or the remuneration calculated over one year, including all additional benefits, including special payments and variable salary or compensation shares (e.g. 13th month salary, foreign allowances, vacation and/or Christmas pay, bonuses, profit sharing, bonuses, provision of a car etc.).
Benefits in kind are calculated using their monetary advantage. However, this does not apply to the provision of a car, which is set at a flat rate of EUR 5,000.00 regardless of value and size.
5. The right to a placement fee remains regardless of whether the employment relationship is carried out, whether it ends before the start of work or how long it lasts.
6. The right to a placement fee in full exists for a period of 12 months after the AN has presented a candidate to the AG with the opportunity to conclude an employment relationship between the client and the candidate, e.g. by providing an applicant profile, and an economically equivalent employment relationship is established with the applicant. The AG reserves the right to refute the causality of the contractor for the employment relationship.
7. Costs incurred by applicants in connection with job interviews with the client are not included in the fee agreed between the parties and must be reimbursed by the client to the applicant at the applicant's request.
1. The fee claim already exists when the contractor is co-responsible for the establishment of the employment relationship.
2. Profiles of candidates who are already available or known to the client for the position to be filled (previous knowledge) exclude co-causality for the notified applicants, provided that the previous knowledge is immediately notified in text form. Otherwise, a previous or simultaneous presentation of the same applicant by another personnel consultancy does not eliminate co-causation.
1. The AG undertakes to inform the AN of the conclusion of an employment contract with a candidate or - unless an employment contract has been concluded beforehand - of the start of activity within 5 working days, giving all information necessary to determine the fee claim, in particular the start of the employment relationship, the amount of the gross annual target salary or the annual target remuneration, including all additional benefits, in text form.
2. If the AG fails to comply with this obligation upon request with a reasonable deadline, the contractor is entitled to base the calculation of the fee on an appropriate and standard market remuneration corresponding to the candidate's qualifications. In the event of a higher gross annual target salary or annual target remuneration agreed with the candidate, the contractor is still entitled to charge the client the difference. The AG is free to prove a lower gross annual target salary or annual target remuneration.
2. The client must provide a copy of the employment contract upon request.
1. The agreed prices are fixed prices
2. Unless otherwise agreed in writing on an individual basis, payment is due immediately.
3. The payment period begins upon receipt of a proper invoice.
1. Invoices are prepared in accordance with German sales tax law and sent in electronic form.
2. The client is not entitled to a right of retention under any circumstances.
1. The CONTRACTOR is entitled to withdraw from the contract in whole or in part if there is good cause. There is an important reason in the event of natural disasters, entry and exit restrictions, epidemics, pandemics, strikes, lockouts or other operational disruptions, both at the AG and at the AN; furthermore in the event that the AG suspends payment and/or the filing of an application to open insolvency proceedings against the assets of the AG.
2. The Contractor is also entitled to exercise the statutory rights of withdrawal.
3. Without a reminder, the client is automatically in default of payment 5 days after invoicing without the need for a reminder or request for payment.
4. In the event of late payment, default interest of 9% above the applicable interbank interest rate will be charged; €100.00 will be charged for each reminder or request for payment. Neither reminder fees nor interest from late payment are subject to judicial moderation law.
1. The contractor can only guarantee appropriate action in the search for and selection of employees. He has carefully checked all documents and documents submitted to the AG and passed them on to the best of his knowledge and belief. Therefore, he is only liable in case of intent and gross negligence. The CONTRACTOR is therefore also not liable for the fact that an applicant does not meet all expectations placed on him by the client or does not achieve certain results.
2. The AG checked the applicants' professional qualifications before hiring and convinced itself of the applicants' suitability. He is also responsible for integrating applicants into his internal operations.
1. The client is obliged to treat the commercial and operational details relating to the contract concluded with the AN and all related to its execution as a trade secret. Irrespective of the conclusion of a contract, the confidentiality obligation also applies to knowledge acquired during the offer phase and after completion of the contract.
2. All candidate profiles submitted to the client are intended exclusively for the client. Disclosure to affiliated companies is only permitted with the consent of the contractor.
3. If the AG passes on candidate profiles without the consent of the AN, a contractual penalty of 4 gross monthly salaries of the candidate is due immediately. If the candidate is also hired as a result of the transferred profile, an increased placement fee of a further 6 gross monthly salaries is payable immediately.
4. Further claims, in particular from violations of national and international data protection and privacy protection rules, remain unaffected.
5. Submitted profiles of candidates who have not been hired by the AG must be deleted immediately after the end of the application process, but no later than 3 months after submission, printouts must be shredded and in any case destroyed in accordance with data protection regulations.
1. AG and AN are liable to each other within the framework of statutory provisions, unless otherwise agreed.
1. AG and AN are entitled to collect and store the data of each other and the individual contractual relationship in business transactions in compliance with the applicable data protection regulations.
1. Amendments to the contract are only valid if agreed in writing. This also applies to the written form requirement itself.
2. Should one or more provisions of these or contractual provisions referred to by these contractual provisions be or become invalid, this shall not affect the validity of the remaining provisions and the validity of the contract itself. AN and AG will endeavour to agree on an effective provision that comes as close as possible to the ineffective provision in economic terms. If no agreement is reached, the court will decide.
3. Should gaps arise in the execution of the contract, these must be remedied by regulations that come closest to the economic meaning of the contract.
1. The laws of the Federal Republic of Germany shall apply to contracts concluded in accordance with the following contractual conditions, their conclusion, effectiveness, interpretation and execution, as well as to all other legal relationships existing between the parties, unless otherwise agreed in individual cases. The UN sales law is expressly excluded.
2. The place of jurisdiction is the contractor's registered office.