1. Principles of Co-operation
1.2 The client agrees to provide all documents, data and information that are necessary for the execution of the mandate. Konen & Lorenzen guarantees that all data and information shall be treated confidentially. These shall solely be used and stored for the purpose of processing the mandate and shall not be passed on to third parties.
1.3 The application documents submitted to the client shall only be used for the purpose of filling a vacancy and shall not be passed on to third parties, including affiliated companies, without express consent of Konen & Lorenzen, whether as original documents, as copies or in digital form. The documents, including all copies and documents in digitalised form, of rejected or rejecting candidates shall be returned in their entirety to Konen & Lorenzen or be destroyed.
1.4 Either party may terminate an individual search mandate at any time. For candidates already presented to the client, the provisions of this agreement shall continue to apply.
1.5 Should the candidate (in accordance with Section 670 of the German Civil Code [BGB – Bürgerliches Gesetzbuch]) demand the reimbursement of costs incurred in connection with a job interview with the client, he/she is obliged to reimburse these costs.
1.6 An individual search mandate is completed at the latest with the conclusion of an employment contract between the client and the candidate.
2.2 Konen & Lorenzen cannot guarantee that a proposed candidate is not placed elsewhere or does not decide to accept employment somewhere else.
2.3 Konen & Lorenzen will make every effort to find and recruit the best possible candidate for the client and the advertised job, and to carry out the entrusted tasks to the satisfaction of the client. If, nevertheless, damages resulting from the work of Konen and Lorenzen are incurred by the client, the following applies irrespective of the legal grounds: In case of a significant breach of contract, Konen & Lorenzen is liable up to the maximum amount of the fee paid by the client to Konen & Lorenzen for this contract, unless an intentional or grossly negligent breach of contractual obligations has taken place. Konen & Lorenzen is only liable for the violation of non-essential contractual obligations in cases of malicious intent or gross negligence. Konen & Lorenzen is only liable for grossly negligent breaches of duty up to the amount of the damage that was predictable for Konen & Lorenzen at the time of the conclusion of the contract, and taking into account all circumstances that were known or culpably unknown to Konen & Lorenzen. The limitations of warranty and liability stated above shall not apply in case of culpable damage to life, body and health.
2.4 Any liability claims against a candidate must be declared exclusively against this candidate.
3.2 The fee is, depending on the client’s choice, and the lengths of the warranty period as defined by Clause 4.The fees are subject to statutory VAT.
An advance payment may be due which would be excl. VAT, and due immediately. Upon successful placement this advance payment will be offset against the subsequently arising commission. In case of a cancellation of the mandate or non-placement, there is no entitlement to a reimbursement of this payment. Expenses, including travel costs incurred at the request of the client, will be charged separately.
3.3 Konen & Lorenzen must be informed of the conclusion of an employment contract with a proposed candidate within one week in writing (via e-mail is sufficient) by the client. Here, the details of the contract and in particular the agreed gross annual salary plus special payments and special remuneration (Clause 3.1), the starting date of the contract, the exact job position and the billing address of the client must be stated. On request of Konen & Lorenzen, the client must provide a copy of the concluded employment contract. If the employment contract is concluded under other than the agreed terms or the proposed candidate is employed in a different position or/and in an affiliated company, this shall not affect the fee claim of Konen & Lorenzen.
3.4 If the client or an affiliated company employs a candidate proposed by Konen & Lorenzen at a later time (within 12 months) – whether for the same position or a position different to the one initially advertised – a fee entitlement remains in place in accordance with Clause 3.1 also in this case.
At the time of termination, already issued individual search mandates initially remain unaffected, which means that they will still be processed unless a cancellation of the individual mandate takes place within the meaning of Clause 1.4.
7.2 If any provision of these T&Cs is or becomes invalid, the validity of the remaining provisions shall remain unaffected by this. The parties are obliged to replace the provision/provisions which has/have become ineffective by such provisions that most closely approximate the intended economic purpose.
7.3 These T&Cs is solely subject to German law.