General Terms and Conditions of Board Partners GmbH
– Hereinafter abbreviated to „Board Partners“ –
Execution of Assignment
It is the business understandig of Board Partners to execute a consultancy assignment issued to them in a professional, dynamic, effective and cost-optimized way. For this purpose, Board Partners shall implement target-oriented processes, competent teams and an approciate search and selection methodology. Board Partners shall always observe all statutory regulations relevant to their task, e.g. regarding data protection or equal treatment.
Fee The amount of the fee is governed by the individual personnel consultancy agreement. The fee is generally fixed. The fee scale is generally determined by the anticipated complexity of the search.
Advertising Costs Advertising costs shall be generally pre-financed by Board Partners. They shall then be charged to the client in the amount of the original publishing prices without added costs and with the advertising receipts, separate from the fee invoices.
Consultants‘ Travel Costs Board Partners is obliged to keep the consultants‘ travel costs as low as possible, to the extent that is feasible for the project to run optimally. Unless stipulated otherwise in individual contractual agreements, the following regulations shall apply: Public transport accourding to expenditure without added costs. Car journeys shall be at EUR 0,60 per kilometre, unless agreed otherwise in the personnel consultancy agreement. Overnight stays accourding to expenditure without added costs. Food expenses in accordance with receipts, the upper limit determinded by the tax expenses regulations.
Applicant Travel Costs Board Partners shall check the travel expenses claim submitted by the applicants for their accuracy, pay the travel costs to the applicants and charge them to the client without added costs, providing, upon the client’s request, a list with details oft he applicants, appointments, locations and the project number.
Method of Payment All invoices from Board Partners contain the incurrended VAT and are to be paid within 10 days following the invoice date without discount deductions. Irrespective of repayment arrangements made by the client, Board Partners shall be entitled to always offset payments against outstanding liabilities and, as the case may be, shall be obliged to inform the client of this in writing.
Offsetting and Retention The client may only exercise offsetting and/or retention vis-á-vis demands by Board Partners if its counterclaims are uncontested or recognized by Board Partners or have been etablished as legally valid against Board Partners.
Additional Staffing If the client enters into a contract of employment or a freelancing agreement regarding a different position to the one given in the original project with an applicant/candidate introduced or made known to it by Board Partners within a year following the introduction or notification, Board Partners shall charge an additional fee in the amount of 25 % of the agreed annual remuneration plus VAT.
Scope of Service Project scope, details of the kind of service, project duration, fee, (additional) cost regulation and due date shall be regulated in the individual personnel consultancy agreement (Sections 1 – 4).
Non-solicitation Board Partners is obliged not to solicit employees from the client within 12 months from the end of the last personnel consultancy assignment given to Board Partners.
Early Termination Both contracting parties may terminate the personnel consultancy project covered by the agreement with four weeks` notice without giving any reason. If the client terminates the personnel consultancy project covered by the agreement, Board Partners shall be entitled to charge for incurred expenditure up to the day that the project ended. Generally and unless agreed ohterwise, Board Partners shall charge in this case 50 % of the next fee installment, which shall be payable upon receipt of the termination, as well as the accrued travel costs as a flat-rate severance payment. If the client or one of its subsidiaries or affiliated companies employs a candidate who was designated by Board Partners and named to the client for the project work, within 12 months following notice of the terminated assignment, the client shall be obliged to pay the fee agreed in the personnel consultancy agreement in full or the difference that is still outstanding. If Board Partners terminates the personnel consultancy project covered by the agreement, no further parts of the fee shall be charged, but simply the incurred expenses.
Guarantee of a Repeat Search at no Fee If the employment relationship mediated by Board Partners is ended through a termination by the client within a period expressly laid down in the personnel consultancy agreement, Board Partners shall undertake a repeat personnel search to fill the position covered by the agreement at no fee, limited to a period not exceeding 6 months.
Confidentiality Board Partners is obliged to treat all company details, internal matters, particularly business structures, market plans, future developments, and competition-relevant data and facts as confidential. All staff of Board Partners are obligated in this respect.
The entire implementation of a consultancy project shall be exercised with the greatest possible discretion vis-á-vis non-participating third parties – including on the client`s premises. This also means that personal data and confidential information from the personnel consultancy agreement as well as that which Board Partners learns within the scope of working on the personnel consultancy agreement, and also all contractual components must not be disclosed to third parties. Reports, information on applicants and candidates are intended exclusively for the client. Disclosure to third parties or persons concerned is prohibited. Board Partners shall assure each applicant of the discreet and confidential handling of the application process. The obtaining of a reference from the current employer without the applicant’s consent is prohibited.
Final Provisions Amendments and/or additions to a consultancy agreement must be in writing. The contractual relationship shall be exclusively subject to German law. The place of performance for both parties‘ obligations arising from the contractual relationship shall be the registered office of Board Partners GmbH in Munich. The court with exclusive jurisdiction for disputes arising from the contractual relationship shall be Munich, insofar as the client is a registered trader, a corporate body under public law or a special fund under public law. Should individual provisions of the General Terms and Conditions be or become void or contain a gap, the contracting parties shall be obliged to replace the void provision or the gap with a clause that comes as close as possible economically and legally to the intention of the parties.