Angemeldet als:
filler@godaddy.com
Angemeldet als:
filler@godaddy.com
1.1 In these Terms the following definitions apply:
Agency: m2talents, a registered company in Germany, including employees, agents, representatives, and affiliated partners.
Candidate: The person Introduced by the Agency to the Client for an Engagement, including any officer, employee, or other representative of the Candidate if the Candidate is a corporate body.
Client: The person, firm, or corporate body together with any subsidiary or associated person, firm, or corporate body to whom the Candidate is Introduced.
Engagement: The engagement, employment, or use of the Candidate by the Client or any third party to whom the Candidate has been Introduced by the Client, on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise, or partnership agreement; or any other engagement; or through a limited company of which the Candidate is an officer, employee, or other representative.
Introduction: (i) The passing to the Client of a curriculum vitae or information which identifies the Candidate; or (ii) The Client’s interview of the Candidate (in person or by telephone or by any other means), following the Client’s instruction to the Employment Business to supply a temporary worker; or (iii) The supply of the Candidate, leading to an Engagement.
Introduction Fee: The fee payable by the Client to the Agency for an Introduction resulting in an Engagement.
Remuneration: Includes gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to the Client or any third party.
Replacement Candidate: A Candidate Introduced by the Agency to fill an Engagement when a previous Candidate’s Engagement either did not commence or was terminated within the first two calendar months.
Vulnerable Person: Any person who by reason of age, infirmity, illness, disability, or any other circumstance is in need of care or attention, and includes any person under the age of eighteen.
2.1 These Terms of business and the contract between the Agency and the Client for the supply of permanent or contract staff are accepted by the Client by virtue of an Introduction or the Engagement of a Candidate, or the passing of any information about a Candidate to any third party following an Introduction.
2.2 These Terms contain the entire agreement between the parties and prevail over any Terms of business or purchase conditions put forward by the Client, unless otherwise agreed in writing by a Director of the Agency.
2.3 No variation or alteration to these Terms shall be valid unless agreed between a Director of the Agency and the Client, and are set out in writing with a copy of the varied Terms given to the Client.
2.4 The Agency acts as an employment agency (as defined under the German Arbeitnehmerüberlassungsgesetz (AÜG)) when Introducing Candidates to the Client for direct Engagement by that Client.
3.1 The Client agrees to:
3.1.1 Notify the Agency immediately of the terms of any offer of an Engagement made to the Candidate;
3.1.2 Notify the Agency immediately that its offer of an Engagement to the Candidate has been accepted and provide details of the agreed Remuneration together with any documentary evidence requested by the Agency;
3.1.3 Pay the Introduction Fee, calculated as 25% of the Candidate's gross base salary during the first 12 months of the Engagement.
3.2 The Introduction Fee is payable if the Client engages the Candidate within 12 months from the date of the Introduction.
3.3 Where the actual Remuneration is not known, the Agency will charge an Introduction Fee based on its determination of the market rate level of remuneration for the position in which the Candidate has been Engaged.
3.4 The Introduction Fee shall be payable in three instalments: 50% at 30 days, 25% at 60 days, and 25% at 90 days from the date of the Agency’s invoice, rendered once the Candidate commences the Engagement.
3.5 VAT is charged at the standard rate according to German tax law (Umsatzsteuergesetz, UStG) on all fees. The Agency reserves the right to charge interest on overdue payments according to § 288 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) at the applicable statutory interest rate.
4.1 If the Engagement does not commence or is terminated within the first three calendar months, the Agency forfeits a portion of the Introduction Fee, as follows:
• 100% if the Engagement ends within the first month.
• 50% if the Engagement ends within the second month.
• 25% if the Engagement ends within the third month.
4.2 The Client must notify the Agency in writing within seven days of termination or non-commencement. If the Candidate is re-engaged within 12 months after a refund, the refund must be repaid to the Agency.
5.1 Introductions of Candidates are confidential. If a Client discloses a Candidate’s details to a third party, leading to an Engagement within 12 months, the Client is liable for an Introduction Fee, and neither the Client nor the third party is entitled to a refund.
6.1 The Agency will take reasonable steps to ensure the Candidate is suitable for the position by obtaining confirmation of the Candidate’s identity, qualifications, and willingness to work in the position.
6.2 Notwithstanding clause 6.1, the Client is responsible for confirming the Candidate's suitability and ensuring legal and medical compliance, including checking the Candidate’s right to work and obtaining references.
7.1 All Candidate information is confidential and governed by the Data Protection Act 2018. The Client must handle this information in compliance with the DPA.
8.1 The Agency is not liable for any loss, expense, damage, or delay resulting from the Introduction or Engagement of a Candidate, except for death or personal injury caused by the Agency’s negligence.
9.1 All notices required to be given under these Terms shall be in writing and may be delivered personally or by first-class prepaid post to the registered office of the party upon whom the notice is to be served, or by email.
10.1 If any provision of these Terms is found by any competent authority to be unenforceable, that provision shall be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by law.
11.1 These Terms are governed by the law of Germany and, where applicable, the law of the European Union. They are subject to the exclusive jurisdiction of the courts of Germany and, where appropriate, the non-exclusive jurisdiction of the courts of the European Union member states.
12.1 The Client shall be liable to pay a Transfer Fee if the Client engages a Candidate Introduced by the Agency within 12 months from the date of the Introduction.
12.2 The Transfer Fee will be calculated as 25% of the Candidate's gross base salary during the first 12 months of the Engagement.
12.3 No refund of the Transfer Fee will be paid in the event that the Engagement terminates before the end of the agreed term.
13.1 All intellectual property rights arising from the Engagement belong to the Client. The Agency will ensure that the Candidate executes any documents necessary to give effect to the Client’s rights.
14.1 Disputes arising under these Terms shall be resolved through arbitration in accordance with the German Arbitration Act (Schiedsgerichtsgesetz) or, where applicable, the relevant European Union regulations on arbitration, with legal representation allowed for both parties.