The following terms and conditions apply to every recruitment order. Contracts, amendments to contracts and subsidiary agreements between the client and myTalentscout GmbH – hereinafter referred to as the “contractor” – must be in writing.
We shall be bound by the terms of our quotes if they are accepted within four weeks of the quote date. General terms and conditions of the client shall only be effective, even if the contractor does not expressly object to these general terms and conditions, if the contractor has agreed to them in writing. In these terms and conditions, it has been endeavoured to use gender-neutral language where possible.
The client shall bear the expenses and interview costs of the applicant.
If an applicant is successfully placed, the contractor shall receive a placement fee from the client amounting to 32% of the gross annual salary agreed between the client and the employee in accordance with Section 14 of Book IV of the German Social Code (SGB IV). The fee plus the statutory value added tax shall be due upon conclusion of the contract between the employee and the client. Immediately after the conclusion of the contract, the client shall send the contractor a copy of the part of the contract concluded with the employee in which the salary components are listed and confirmed by the corresponding signatures.
If an applicant nominated by the contractor is hired for a position other than the one for which he/she was originally presented within 12 months, the agreed fee shall be due in full in this case as well.
If an applicant nominated by the contractor has already actively applied to the client independently of the contractor’s services, or has already been proposed by another service provider, or if personal data of the applicant are available to the client in accordance with data protection law, the client must inform the contractor immediately after receipt of the application documents. Non-specific contact via social media shall be excluded from this. In this case, the contractor shall not perform any further service with regard to this applicant. The client may, however, request the contractor to continue to perform its services with regard to this applicant. If, in such a case, a contract is concluded between the client and the applicant, the client shall pay the agreed fee in full.
The parties must treat all information exchanged completely confidentially. The client may not pass on applicant documents or information to third parties or affiliated companies without the contractor’s prior written consent. If a contract is concluded between third parties or affiliated companies and the applicant on the basis of information provided by the contractor and passed on without the contractor’s consent, the client shall pay the agreed fee to the contractor.
This agreement may be terminated by either party with two weeks’ notice to the end of a calendar week. If, after termination of the agreement, a contract is concluded between the client and an applicant proposed by the contractor, the contractor shall be entitled to the agreed fee as well as any agreed processing fee. This entitlement shall end 12 months after the agreement has been terminated.
If, within the scope of the recruitment order, other applicants presented by the contractor are also hired, a success fee in the amount of the fee agreed in the recruitment order shall be charged for each further recruitment.
The client shall hand over the applicant documents handed over by the contractor without being asked to do so, insofar as no contract has been concluded between the client and the applicant. In the case of a legitimate interest, however, individual applicant documents are to be handed over immediately upon request.
The contractor points out that personal data provided may be processed and used exclusively for the purpose of proper personnel placement as well as for the execution of the contract. In this respect, the client shall be subject to national and European data protection regulations. This shall apply in particular to compliance with statutory security requirements for the protection of data, use of data within the scope of the intended purpose and deletion of data after the intended purpose has ceased to exist. The client shall inform the contractor in the event of suspected data protection violations with regard to the data provided, in particular in the event of loss of data and unauthorised technical access or data theft.
Should one or more provisions of this agreement be or become invalid, this shall not affect the validity of the remainder of the agreement. In this case, both parties shall agree on a provision that comes as close as possible to the economic intention of the original provision.
All agreements between the parties shall be set down in writing in this contract. There shall be no verbal subsidiary agreements.
German law shall apply with the exception of the provisions of international private law. The place of jurisdiction – also in proceedings involving bills of exchange, cheques and documents – is Munich.
Information in accordance with the Ordinance on Service Providers’ Duty to Inform (DL-InfoV) of 17 May 2010.
myTalentscout GmbH
Widenmayerstraße 50
80538 Munich, Germany
Managing directors
Jasmin Cavalcanti
Juliana Marinho
Commerzbank München
DE57 7004 0048 0735 3600 00
BIC: COBADEFFXXX
HRB 227432
Munich District Court
VAT no.: DE307760843
www.mytalentscout.de
info@mytalentscout.de
+49 (0)89 / 419 199 66