1. General Terms and Conditions
The business relationship between move. personalmanagementberatung. (referred to in the following as move.) and the client are subject exclusively to these general terms and conditions to the extent that nothing to the contrary is agreed to in the individual contract. These present general terms and conditions also apply to all future transactions between move. and the client. Departures from these conditions are only valid if confirmed in writing.
Furthermore, they are to be regarded as an amendment to the individually-framed contract for every commission. The receipt of the candidate documents sent by move. by the client constitutes acceptance of these General Terms and Conditions.
In the course of this present contract the client commissions move., to support it the search for suitable personnel for example through candidate search / approach, candidate presentation and/or applicant interviews. For each position to be filled the client will issue a commission for personnel recruiting to move. in writing. If the commission is issued orally, move. will be confirm it in writing. The client must then reject it within a period of two weeks from receipt of the written confirmation of the commission if it does not wish to proceed with personnel recruiting for the position.
2. The Client’s Obligations
The client must make sure that all information and documentation required for the successful completion of the service is provided on time.
The client is responsible for reviewing the references including confirming professional qualifications.
If a candidate presented by move. has already independently applied with the client, the client is obligated to inform move. of this immediately on receiving the candidate’s documents. In this case move. will not perform any more services with respect to this applicant. The client can, however, instruct move. to continue the work with respect to this applicant as well. In this case a fee in the amount of the individually arranged contract will
be due.
3. Fee Payment and Other Compensations
The fee will be individually specified and agreed to for each commission.
move.‘s claim to a fee comes into being if, an employment contract is concluded between the client and the candidate suggested by move. within twelve months of the delivery of the candidate’s documents by move. to the client.
If the fee is based on one-hundred-per-cent of the gross annual income of the candidate recruited, the gross annual income agreed on with the candidate, including all monthly salaries, Christmas bonuses, holiday pay and variable components of salary, is definitive.
The client is obligated to send move. a copy of the concluded employment contract at the latest ten days after a contract is concluded. The client must do this on own initiative. Should the client fail to meet its obligation to present a copy of the concluded employment in spite of a written request, move. can use a figure for gross annual income customary for the market in order to calculate its fees for the qualification of the candidate.
Term of payment for all billing statements is 14 days without deduction. The current, legally mandated VAT will be applied to all amounts.
4. Costs
Costs that the applicant accrues in connection with interviews at the client’s business premises will be factually checked by move., paid and then billed to the client without any additional charges and with a separate listing (applicant, appointment, location).
Accrued costs for travel of employees of move. that proceeds at request from the client, will be borne by the client. The bases for calculations here are: for personal vehicle: flatrate for kilometrage equalling 0.65 EUR per km driven; for public transportation: based on actual expenditure without any added charges; overnight lodgings based on actual expenditure without any added charges; board based on the applicable tax regulations.
The costs for a search supported with advertisement will be passed on to the client by move. without added charges. Advertisements will be placed in the media agreed on with the client. The costs for producing printed copy as well as for placing advertisements will be billed to the client.
In the case of commissions to recruit abroad, a charge of 25% will be added to the fee.
5. Guarantee / Liability
move. can only guarantee a proper and professional process in the recruiting and selection of candidates. Commissioning move. does not release the client from its responsibility to review the suitability of the applicant. The client bears to that extent sole responsibility for the decision to select a candidate on concluding an employment/service contract. move. accepts no liability for a candidate it selected and recommended following its professional methodology fulfilling all expectations of the client or achieving certain results. move. is therefore in no way liable for claims or damages that arise from any possible unsuitability of a candidate.
6. Termination of the Contract
The specific recruiting commission ends once the position for which move. was to recruit an applicant is filled.
Irrespective of this each contracting partner can cancel the recruiting commission in writing at any time under condition of observing a notice period of 14 days to the end of the month. Cancellation for due and sufficient cause is possible without the observation of a notice period.
If move. accrues costs for its recruiting work in the time starting from the issue of the commission to the end of the recruiting commission, the client must reimburse these costs to move.
If the contractual relationship between client and move. is terminated – for any reason whatsoever – and an applicant suggested by move. is hired within twelve months of the termination of the commission, move. has a claim to the agreed-on fee against the client.
7. Confidentiality
The client and move. are obligated to treat with full confidentiality all figures, data and information about the other contracting party or any applicant that they have received in the framework of the recruiting activities and not share them with third parties to the extent that the contracting party is not authorised to share the information or this is not necessary to the successful completion of the recruiting activities.
8. Concluding Provisions
Changes or amendments to this contract must be affected in writing to be valid. This also applies to any change to this requirement of written form. Sub-agreements are only valid if confirmed in writing.
Should a provision of the contract be or become unenforceable, the enforceability of the contract and the remaining provisions will not be compromised. In such cases a provision is agreed to take effect that most closely approximates the intent of the contract in an enforceable fashion.
The place of fulfilment is the business headquarters of move. The court of jurisdiction is, as chosen, either the place of fulfilment or the responsible court at the headquarters of move. in Leipzig. The law of the Federal Republic of Germany applies.
Leipzig, 01.01.2024