The following General Business Terms and Conditions shall be valid only for companies (§ 14 BGB [German Civil Code]). They shall be considered to be a contractual component of all contracts and agreements concluded with us. They shall be valid particularly for personnel placement agreements and for the services, information and the like which we provide in this context. The Client declares, through its unconditional acceptance of these terms and conditions by no later than the conclusion of the personnel placement order or order for other services, that it is in agreement with the validity of these terms and conditions – including for any follow-up orders.
Any oral ancillary agreements, the exclusion, amendment or supplementing of these terms and conditions shall require Projekt-Team’s express written confirmation in order to be valid. This shall also be valid for the abolition of this written form requirement.
Objection is made to the validity of any deviating general business terms and conditions of the Client even in the event that they are submitted to Projekt-Team in a confirmation letter or in some other manner. Even unconditional consulting and work in accordance with the order as well as the acceptance of payments by Projekt-Team shall constitute no acknowledgement of deviating terms and conditions.
Offers from Projekt-Team shall be considered to be non-binding.
Amendments of, supplements to and/or the abolition of the agreement must be in writing. This form shall also be required for the abolition of the written form requirement itself. After the contractual agreement is concluded, declarations and notifications from the Client shall only be valid if they are submitted in writing.
Projekt-Team reserves the rights of ownership and copyrights to the presentations, illustrations, graphics, sketches, calculations, information, texts and other documents. They may not be made available to third parties. Before they are disseminated to third parties, the Client must obtain Projekt-Team’s express written approval.
Projekt-Team shall be obliged to search for and select suitable employees and management personnel for the Client. The affected job positions shall be correspondingly defined in the individual case.
The job requirements profile for the position shall be drafted by the Client; as required, this shall be done in cooperation with Projekt-Team.
The advance screening of the candidates shall be undertaken by Projekt-Team.
After advance screening has been undertaken by Projekt-Team, it shall present the Client with a list of candidates. This presentation of the candidates shall be based upon the job requirements profile that has been prepared and, as a rule, shall include the candidate’s job history, past accomplishments, services rendered and personality profile. The corresponding documents may not be passed on to third parties and/or, without Projekt-Team’s explicit consent, be used for the filling of other vacant positions at one’s own and/or cooperating companies.
As a rule, interviews shall be conducted between the Client and the candidate where Projekt-Team shall participate in the interviews upon the Client’s request to do so.
The parties shall ensure that they provide the strictest of confidentiality to each other, particularly that the parties will keep all information and data confidential which they receive in conjunction with the implementation of personnel placement agreements and to not pass on such information and data to third parties. The obligation shall extend beyond the end of the contractual agreement. Projekt-Team shall inform the Client when Projekt-Team intends to electronically save and process its Client’s data insofar as this is required for the proper implementation of the contractual relationships.
For the implementation of its orders, the Client shall pay Projekt-Team the fee stated on the respectively valid price list. Projekt-Team’s price list shall be prevailing which is valid at the point in time that the order is issued. The fee shall become payable after the candidate signs the employment agreement with the Client.
The candidate’s costs for travelling to the interviews on the Client’s business premises shall not be reimbursed by Projekt-Team and must be reimbursed by the Client upon the candidate’s request. The Client must pay any travel costs and out-of-pocket expenses incurred by Projekt-Team’s employees and commissioned persons for travel undertaken at the Client’s request.
The fee must also then be paid if the Client deploys the candidate, within 12 months after the conclusion of the agreement (sending of an applicant profile), at another company division and/or at a cooperating company.
The Client must examine billing statements, particularly balance confirmations, as well as other statements and notifications for their completeness and correctness. Any objections to billing statements must be lodged within one month after such statements are received; other objections must be promptly lodged. The failure to make timely objections shall be considered to constitute approval; the Client’s legal claims for justified objections after the lapsing of the deadline shall remain unaffected.
An invoice shall be promptly drafted by Projekt-Team and sent to the Client. The invoice shall become immediately payable upon its receipt without any discounts.
Beginning at the point in time that payment default exists, interest shall be billed in the amount of 8 % above the respectively valid base lending rate plus the respective valid statutory VAT.
The Client may offset only with such claims of its own which are undisputed or have been legally upheld.
If the Client enters into default with the settlement of the invoice, then Projekt-Team shall be entitled to temporarily suspend the fulfilment of its contractual obligation to implement orders and to render the services owed until payment in full is made of any invoiced amounts. Furthermore, Projekt-Team shall be at liberty to require advance payment as a condition for the rendering of performance for any follow-up orders as well as, without being required to have issued any special warning letter, to make the entire invoiced amount immediately payable in the event that the payment of an agreed instalment payment is more than two weeks late.
Projekt-Team shall be obliged, for the duration of the probationary period after work has begun, to provide a one-time adequate replacement for the identical position if the employment relationship should be terminated before the probationary period ends.
Projekt-Team shall implement the personnel placement professionally, discreetly and in accordance with the Client’s wishes, but does not make any guarantees that a suitable candidate will be found and that his/her integration will be successful. In this regard, any claims for damage compensation shall be excluded.
Projekt-Team considers all orders to be exclusive orders.
All information, photos, graphics and texts on Projekt-Team’s web site are owned by Projekt-Team. They constitute the latest information that was available to us at the time of publication. Access to the web site constitutes no consulting service and, by accessing our web site, no consulting or brokerage agreement is considered to have been concluded. Any liability for or guarantee of the topicality, correctness and completeness of the data and information provided shall be excluded. This shall likewise be valid for all other web sites to which reference is made via hyperlinks. Projekt-Team shall not be responsible for the content of the linked web sites. Any liability is excluded.
The information on the web site constitutes no legal or de facto assurances. Projekt-Team reserves the right to, at any time, make changes, deletions or supplements to the information or data that have already been provided. All offers on the web site are considered to be non-binding and substantiate no legal claims.
Insofar as the Client asserts damage compensation claims which are based upon intentional wrongdoing or gross negligence, including the intentional wrongdoing or gross negligence of Projekt-Team’s representatives or vicarious agents, Projekt-Team shall be liable in accordance with the statutory directives. Insofar as Projekt-Team has committed no contractual violation which is based upon intentional wrongdoing, then the liability to pay damage compensation shall be limited to the foreseeable, typically occurring damages.
Projekt-Team shall be liable for cases of intentional wrongdoing and gross negligence or owing to the absence of guaranteed quality features. Any liability to pay damage compensation that is incurred owing to the actions of Projekt-Team’s representatives or vicarious agents, particularly owing to default, non-performance, flawed performance or tortious acts shall exist only in the event of the violation of major contractual obligations upon whose fulfilment the Client may particularly rely.
Insofar as major contractual obligations in the aforementioned sense are negligently violated, then liability shall be limited to the contractually typical damages.
In all cases, the liability owed to entrepreneurs for the gross and simple negligence of vicarious agents who are not legal representatives or management personnel, even in the case of intentional wrongdoing, shall be limited to the damages that are typically and customarily foreseeable in such cases and which are out of the Client’s control.
Both contractual parties shall have the right to cancel the order in writing at any time while providing 14 days’ notice.
If the Client is an entrepreneur, the legal venue shall be Projekt-Team’s commercial residence; if Projekt-Team files a law suit, then the Client’s general legal venue shall also be valid.
The law of the Federal Republic of Germany shall be valid for all legal relationships between the Client and Projekt-Team.
In the event that individual provisions of these General Terms and Conditions should, in whole or in part, be legally invalid, then the validity of the remaining provisions shall continue to be unaffected.
Oldenburg, 2. April 2004