1. Subject matter of the contract

​

1.1             A&T is an internationally active company that places qualified candidates with its clients.

1.2.            a) Unless the parties have concluded a written agreement to the contrary, the General Terms and Conditions of A&T shall apply exclusively.

b) With the recommendation, the General Terms and Conditions are deemed to have been accepted by the client.

c) Unless otherwise agreed, this contract does not constitute an exclusive contract and the client is free to use the services of other companies.

d) Agreements on retained searches shall be made individually.

1.3.            a) A candidate is considered to be recommended by A&T as soon as information has been provided which enables the client to identify the candidate.

b) If a contract is concluded between the client and a candidate within 12 months of the candidate being recommended by A&T, the parties hereby accept that this contract was only concluded as a result of A&T's recommendation. This assumption can be refuted by the client.

c) If a candidate who was introduced by A&T has applied directly to the client within the last 12 months independently of this recommendation or has been introduced by another company, the client is obliged to inform A&T of this before the interview process begins and to document this. In this case, A&T shall not provide any further services with regard to this candidate.

The client may, however, instruct A&T to continue working with regard to this candidate. If, in this case, the candidate is hired, the placement fee will be due in accordance with clause 2.2. Insofar as it is unclear/disputed how the client first became aware of the candidate, the client must provide appropriate documentation at A&T's request.

 

2. Commission

​

2.1.            a) The client undertakes to pay A&T a commission if and as soon as a contract (employment contract, freelance employment contract, participation contract under company law, contract with a company employing the candidate) has been concluded as a result of a recommendation by A&T. The client shall pay A&T a commission in accordance with clause 2.2. A&T's commission under clause 2.2 (a) is not reduced in the case of fixed-term employment or part-time work, but is calculated in all cases on the basis of an annual salary for full-time employment.

b) If a contract is concluded with a foreign candidate who requires a work permit for his employment, the main contract shall not be deemed to have been concluded until the work permit has been issued.

2.2.            a) The commission is a percentage of the expected gross remuneration for the candidate's first year of employment. This includes the guaranteed annual gross remuneration plus performance-related and non-performance-related additional benefits such as bonuses, contract completion and other premiums, shift supplements, vehicle usage allowance, benefits in the event of transfer to another place of work, commissions, share packages and all other benefits granted to the candidate.

b)              The percentage depends on the amount of gross annual remuneration expected to be paid:

                                                            €0 - and above @35% 

                                                            with a minimum fee of €10,000.

​

c) For the recommendation of an executive, the commission is 40% of the executive's expected annual gross remuneration.  The basis is a written agreement between A&T and the client in advance of the search.

d) If the parties are unable to determine additional benefits at the time the commission is due (for example, if the benefit is dependent on the length of service or performance-related benefits), the parties shall agree on a lump sum which shall be taken into account when determining the commission claim.

2.3             The commission is exclusive of the statutory value added tax. For clients domiciled outside Germany, the reverse charge procedure shall apply.

2.4.            A&T's recruitment service is provided on a contingency basis. A fee is therefore only due if a contractual relationship is concluded between a candidate proposed by A&T and the client. The client is therefore obliged to inform A&T immediately if a contractual relationship is concluded between a candidate proposed by A&T and the client. This also applies to companies affiliated with the client.

2.5             All payment obligations are to be settled within 30 days of invoicing without deduction.  If the customer is in default, A&T is entitled to interest on arrears at a rate of eight percentage points above the base interest rate. A&T expressly reserves the right to claim further damages caused by default.

2.6             If the employment relationship is terminated within eight weeks after the candidate has started working for the client due to a reason relating to the candidate's person or behaviour, and if A&T is informed of this immediately and comprehensively in writing, A&T shall reimburse the client 12.5% of the commission amount paid for each full week of this eight-week period in which the candidate is not working for the client. In the event of subsequent impossibility, termination, cancellation, rescission or other termination of the employment contract, A&T's commission claim shall remain in force.

The commission shall also be owed if the employment relationship only comes into being after the termination of this contract, but on the basis of A&T's activities.

2.7             If the client revokes the written offer to conclude an employment contract before the candidate starts work, A&T shall be entitled to payment from the client of a flat-rate administrative fee of € 10,000 plus value-added tax.

 

3. Suitability of the candidate

​

3.1.            A&T sifts through the CVs and conducts personal or telephone interviews with the candidates in order to determine their suitability.  However, no liability can be accepted for the accuracy of the information provided by candidates.

3.2             It is the client's responsibility to finally check whether the candidate has the necessary skills and experience for the job and meets the requirements in terms of health and character.

3.3             In the case of the recommendation of a foreign candidate who requires a work permit, the activity may only be taken up once the employment office has issued the work permit.  The client must apply for this permit immediately at his own expense.

 

4. Information obligations

​

4.1             The client undertakes to inform A&T without delay of any circumstances that may affect the performance of A&T's placement services.

4.2.            a) In particular, the client undertakes to inform A&T without delay, but no later than 7 days before the candidate starts working for the client, about the conclusion of the contract and the expected remuneration. In addition, the client undertakes to provide A&T with copies of the contract and other documents relevant to the calculation of the amount of the commission claim.

b) Should the client fail to inform A&T of the conclusion of a contract, A&T shall, in deviation from clause 2.2 (a), be entitled to a commission in the amount of 40% of the anticipated gross annual remuneration.

c) A&T hereby assures that the candidate has given his/her consent for A&T to receive a copy of the contract between the client and the candidate as well as all other documents required for the calculation of the commission.

​

5. Confidentiality

​

5.1             The client is obliged to treat all information received in the course of the placement activity as confidential and not to pass it on to third parties.

5.2             If the client breaches this obligation and the third party then concludes a contract with the candidate recommended by A&T, the client shall owe the commission in the same amount in accordance with clause 2.2 (a) as if he had concluded this contract himself.

A&T reserves the right to assert further claims for damages.

 

6 Applicable law and place of jurisdiction

​

6.1            This contract is subject to the law of the Federal Republic of Germany.

6.2             The place of jurisdiction is Monheim am Ruhr, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. A&T is entitled to take legal action at the customer's place of business.

 

7. Final provisions

​

7.1             All agreements made between the parties for the purpose of implementing these General Terms and Conditions of Business must be recorded in writing and signed by A&T.

7.2            This contract is valid for an indefinite period and may be terminated by giving 4 weeks' written notice. 

7.3             Should any provision of this contract be invalid or unenforceable, this shall not affect the remaining provisions. The invalid provision shall be replaced by the legal provision. This contract may only be amended by A&T.

7.4             In case of any different interpretation of the German and English version, the German version shall be the determining version.