General standard terms and conditions
§1 Purview
These general standard terms and conditions apply to all business dealings of ARES Recruiting GmbH (following: “ARES”) with companies (following: “clients”) when performing services related to consultation and support in recruitment of employees. Also, these general standard terms and conditions apply to companies affiliated with the client according to §§15 ff. AktG.
These general standard terms and conditions apply exclusively. They form part of the contract together with the engagement and any further subsidiary agreements, changes and supplements. Additional terms and conditions that differ from these general standard terms and conditions only become part of the contract if ARES explicitly accepts them in writing.
§2 General
ARES supports the client in recruiting employees.
The client commits himself to providing all kind of data or documents to ARES which are necessary for an engagement or allows that ARES creates them. That applies particularly to documents that are necessary for the search of suitable candidates, e.g. selection criteria, writing a job description i.e. establishing a job specification.
If a candidate who was recommend by ARES has already independently applied for a job at the client’s company, the client is obligated to report this to ARES immediately after receiving the respective application. If the client omits to report that case and the client contracts the respective applicant, ARES is entitled to charge the complete amount of the finding fees.
§3 Finding fees
The commission amounts to 30% of the recommended applicant’s future annual gross income.
The annual gross income that underlies the calculation is inclusive of each monthly salary, Christmas bonus, holiday money and variable income components.
The claim to the payment fee results from signing a contract of employment or agreeing on any other kind of employment relationship between the client or a company linked to the client and the candidate recommended by ARES and as long as it is not longer than 14 months ago since the presentation of the candidate by ARES. If a contract is signed with conditions that differ from the suggested ones or if the recommended applicant is designated for a job that differs from the respective job specification, it does not concern the claim to the payment fee of ARES.
The client commits himself to immediately proving the agreement on any kind of employment relationship in accordance with the claim to the payment fee § 3 par. 3 to ARES. When doing that, the client must report the amount of annual gross income agreed on including each monthly salary, Christmas bonuses, holiday money and variable income components.
If the client should not carry out his duty in accordance with § 3 par. 4, ARES is eligible to lay the foundations of a customary annual gross income according to the applicant’s qualifications.
§4 Extra performances and travelling expenses for candidates
Extra performances such as advertisement-based search for applicants in print media or aptitude tests have to be agreed on separately between ARES and the client.
Candidates who are invited to an interview at the client’s special request will be directly reimbursed for travelling expenses in accordance with the client’s internal regulations of reimbursement of costs and expenses. The client provides ARES with those regulations in writing when placing of his order.
§5 Confidentiality, secrecy and data protection
Both parties commit themselves to treating all the information relating to their business confidentially and not to pass on any of those to an unauthorized third party. These obligations also continue after the termination of the business relationship. The client must hand back the documents provided by ARES i.e. deliver proof of its elimination. That does not apply to provided documents of an applicant with whom the client has signed a contract. The client will delete all the data of a candidate after the business relationship or at the latest after one year.
Both parties commit themselves to performing in accordance with the legal regulations, in particular, with the Federal Data Protection Act (“Bundesdatenschutzgesetz” BDSG).
§6 Terms of payment
Payments are due immediately after invoice date and without any deductions.
All prices are net plus the legal value-added tax.
§7 Liability
The statements made by ARES about an applicant are based on the applicant’s information i.e. of a third party. It is the client’s responsibility to check any references of candidates presented by ARES. Hence, ARES cannot adopt the responsibility of accuracy and completeness of the given information. Likewise, no assurances can be given that a proposed candidate is not occupied elsewhere.
§8 Termination of contract
The client can terminate the contract of employment at any time. The client has to reimburse ARES for all the costs that resulted from the contract until that moment in time.
§9 Loyalty and prohibition of labour piracy
Both parties commit themselves to mutual loyalty and will not carry out any active attempts, nor by means of third parties, at poaching employees of the other party for themselves or third parties. In terms of time, the approaching responsibilities range over the period of the contractual relationship.
§10 Final provision
Subsidiaries require the written form. If single regulations of these general standard terms and conditions or parts of it should be ineffective, the effectiveness of the general standard terms and conditions will remain unaffected. In terms of the additional contract design, the invalid regulation has to be replace by a valid regulation which reaches the economic purpose of the invalid regulation in the best possible manner.
§11 Applicable law, place of performance, place of jurisdiction
The laws of the Federal Republic of Germany apply. Place of performance and jurisdiction for all disputes that result from a contract is the head office of ARES. However, ARES reserves the right to choose the client’s place of jurisdiction.