General Terms and Conditions
These terms and conditions apply to HR consulting services offered by human lead. They shall apply, unless otherwise agreed in writing.
2. Performance by human lead and Documents
(A) human lead supports clients in their search for suitable personnel. This includes preparing a job profile, identifying and contacting candidates, checking suitability and interest based on oral and written information provided by the candidates and gathered by telephone or personal interviews, as well as the subsequent preparation of candidate reports. human lead does not need to further investigate in qualifications and other information material obtained from the candidates, but will request for needed references with the consent of the candidates.
(B) The recruiting project is limited to a period of one year or ten proposed candidates.
(C) The customer provides human lead with all necessary documents, data, and information. This is especially valid for job profiles.
(D) The candidate reports sent to the client by human lead shall remain the property of human lead. Each candidate report must be treated as strictly confidential and, in the case that the candidate is not placed, must be returned immediately to human lead or destroyed without delay.
(E) Forwarding to third parties and the making of copies for your own use is not permitted.
(F) human lead works exclusively in the case of each consultancy mandate. Failing this, human lead is entitled to terminate the cooperation at any time and without notice and to invoice for any costs incurred.
3. Confidentiality / Secrecy
The employees of human lead are contractually obligated to comply with the provisions for the protection of personal data and operational and business secrets in accordance with Section 5 of the German Federal Data Protection Act. The obligation continues even after termination of the employment relationship.
4. Prevention of Discrimination
The recruitment process by human lead is in accordance to the German General Equal Treatment Act (AGG).
(a) The remuneration for the consulting service is 30% of the scheduled gross annual salary for the position. The candidate's gross annual salary from the client includes holiday and Christmas allowances, special payments, profit-sharing, premiums, commissions, cash-value benefit of a company car, etc.
(b) The cash-value benefit of a company car made available to the recruited candidate is set at €8,000 per annum, regardless of the position of the candidate or the model of the car.
(c) In the case of variable remuneration (management bonuses, bonuses, commissions etc. ) 100% compliance shall be assumed.
(d) The first third of the remuneration is due after the order has been placed and the job profile has been prepared, the second third after the presentation of suitable candidates and the third after conclusion of the contract of employment with one of the candidates presented by human lead or after completion of the consultative participation.
(e) If the client employs further candidates on the basis of the search and presentation, human lead shall receive a fixed fee of two thirds of the total remuneration. This fee shall be due upon conclusion of the contract.
(f) Additional services, such as aptitude tests or incidental costs such as travel expenses for the candidates and human lead consultants shall be invoiced separately to the client. The client is obliged to reimburse further incurred costs, if they go beyond the usual costs incurred at the request of the client and their appropriate use is demonstrated.
(g) If a candidate is initially rejected by the client but is then employed within the first twelve months after completion of the advisory participation by the client or an affiliated company (e.g. shareholders or management identity), human lead shall be entitled to claim the respective lost remuneration according to Clause 5 (a).
(H) HR consulting offers are provided under the condition that the client is the only recipient of information about the identified candidates. It is strictly confidential. Any unauthorised disclosure of offers regarding HR consulting services and in particular of the candidate reports to third parties, as well as authorized representatives of the client, shall result in an obligation to pay fees in the full amount of the fees that the third party would have had to pay for a direct engagement.
6. Advertising Service
The draft of an advertisements within the context of an advertisement-based HR consulting project is free of charge. The cost of advertising in the Internet is €1,000. Advertising in the print media and the preparation of printed documents etc. is carried out according to the conditions agreed between the client and human lead. The client shall be invoiced separately and immediately after the advertisement has been published, regardless of the success of the advise provided.
7. Selection Seminars / Personality Tests
The implementation of selection seminars as well as competence analysis and special solutions are agreed separately upon request.
8. Payment Terms
All amounts are subject to the applicable statutory value added tax. The invoices are payable within a fortnight.
9. Offsetting and Right of Retention
Offsetting and retention are only possible in the case of an undisputed or legally established claim. The retention for counter-claims not based on the same legal relationship is excluded.
The parties shall be liable to each other in accordance with the statutory provisions.
11. Final Provisions
(A) Should any part of these Terms and Conditions be invalid or void, this does not affect the validity of the remaining provisions in case of doubt.
(B) The place of performance and place of jurisdiction is Frankfurt a.M. This applies to all disputes resulting from the contractual relationship, including documents, bills and cheque transactions, if the client is a merchant, a legal person under public law or a public law special fund. In addition, human lead is also entitled to sue at the headquarters of the client.