General Terms and Conditions of Gapp Recruiting & Research
§ 1 Scope of Application
These General Terms and Conditions govern all contractual relationships between Gapp Recruiting & Research / Martin Gapp (hereinafter referred to as MG) and its respective clients (hereinafter referred to as AG).
MG does not recognise any deviating or conflicting provisions unless they have been expressly agreed to in writing or by e-mail.
The Client will be notified of any amendments to these General Terms and Conditions in writing or by e-mail. If the Client does not object to these amendments within four weeks of receipt of the notification, the amendments shall be deemed to have been accepted by the Client.
§ 2 Conclusion of Contract
MG provides consultancy services to the Client. The type and scope of the services as well as further relevant details of the cooperation are contractually agreed by the parties.
In the event of an initial business contact, the agreements made by MG with the Client shall be specified in a written individual consultancy agreement or framework consultancy agreement. Verbal subsidiary agreements between MG and the Client shall only be valid if they are confirmed in writing.
In the event of an already existing business relationship, an oral order placement shall be valid. These General Terms and Conditions shall also apply in this case.
§ 3 Clarification regarding the AGG
For reasons of better readability, the masculine form is used for personal designations and personal nouns in these GTC, in the individual consultancy agreements or the framework consultancy agreements as well as in the entire cooperation. Corresponding terms apply in principle to all genders for the purpose of equal treatment. The abbreviated form of language is merely for organisational reasons and does not imply any valuation.
In all other respects, both parties to the agreement will also observe the General Equal Treatment Act.
§ 4 Cooperation and information obligations of the Client
The Client shall ensure that MG receives all documents and information required for the execution of the order in a timely manner. In this context, the Principal shall also inform MG without being asked about circumstances which may be of importance for the consultation.
The Principal shall answer all questions of MG, the answers to which are required for the implementation of its consulting services, as timely, completely and accurately as possible. MG will only ask such questions, the answers to which may be of importance for the project.
If the further course of the project depends on a decision by the Client, this must be communicated to MG within one week.
§ 5 Fees and Incidental Costs
MG shall agree with the Client on a fee based on the time and effort involved and the complexity of the task. The fee shall be invoiced in accordance with the framework conditions defined in the contract. The invoice shall be issued electronically to a person named by the Client. Any specific requirements for invoicing, in particular project-related and personal details, shall be communicated to MG in advance.
If the Client commissions consultancy services beyond the scope of the original contract, a separate fee agreement must be concluded in each case.
If a project is terminated, the fee shall be due for payment against invoice in accordance with the general conditions defined in the fee agreement in addition to any fees already due.
Any travel expenses, out-of-pocket expenses and other costs incurred by MG in the course of the consultancy projects shall be agreed with the Client in advance and invoiced against proof.
All fees and ancillary costs are subject to the applicable value added tax and are due for payment immediately. Should the Client be in default of payment, interest on arrears amounting to 9 percentage points above the current base rate will be charged from the 30th day after the due date.
§ 6 Liability
Complaints about the performance of MG must be made immediately, at the latest within one week, in writing or by e-mail. In the event of justified complaints, MG is entitled, at its own discretion and at its own expense, to remedy the complaint or to provide a new service.
In the event of damage caused, MG shall be liable in accordance with the statutory provisions in the event of intent and gross negligence, including that of its vicarious agents. The same applies in the case of negligently caused damage resulting from injury to life, body or health. In the case of negligently caused damage to property and pecuniary loss, MG and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
If a dispute arises due to the indiscretion of a person addressed, MG accepts no liability for this.
§ 7 Guarantee
MG guarantees a proper and methodical approach to the implementation of the consultancy projects. However, no guarantee is given that the expectations placed in the consultancy project by the Client will be fulfilled or that specific results will be achieved.
§ 8 Impediments to Performance
If MG or third parties engaged for the performance of the Consulting Projects are unable to perform due to illness, MG shall be entitled to postpone the performance of its obligations for the duration of the inability to perform, however, for a maximum of 4 weeks. In the event that MG or these third parties are prevented from performing their duties beyond this period, MG is entitled to withdraw from the contract.
Events of force majeure which make the fulfilment of an order substantially more difficult or impossible entitle MG to postpone the fulfilment of its obligations by the duration of the hindrance as well as a reasonable start-up period or to withdraw from the contract.
Justified claims in accordance with the general conditions defined in the fee agreement may, in the event of impediments to performance due to illness or force majeure, be made due for payment by MG to the Client in the event of withdrawal from the contract in addition to fees that have already become due for payment earlier.
§ 9 Intellectual Property
The documents and information prepared by MG, in particular market and competitor analyses, salary studies, target company lists and job profiles, are intended only for the Client and may only be used for the contractually agreed purposes.
Any non-contractual use of these documents and information, in particular their publication by any means whatsoever, shall require a separate agreement. This shall also apply if the services rendered are not subject to special statutory rights, in particular copyright.
§ 10 Data Protection
MG and the Client shall, each on its own responsibility, strictly observe all legal standards, in particular DSGVO and the Federal Data Protection Act, with regard to personal data transmitted to them by the respective other contracting party.
All personal documents and information provided by MG, in particular short candidate profiles, candidate reports, CVs and certificates as well as evaluations of occupational psychology tests, assessments and reference interviews, are only intended for the Client and may only be used for the contractually agreed purposes.
All personal data must be treated as strictly confidential. Disclosure to third parties without the consent of MG is strictly prohibited. In case of non-employment of an applicant, the data must be deleted immediately by the Client.
§ 11 Confidentiality
MG shall treat as confidential all information about the Client and its affiliated companies disclosed and made known during a project, unless the task requires disclosure to third parties.
Information which MG is not permitted to disclose to third parties under any circumstances shall be explicitly marked by the Client when it is provided to MG.
MG may disclose information to third parties engaged to carry out the consulting projects who undertake vis-à-vis MG to protect information in accordance with these GTC.
With regard to information from the sphere of the Client, its employees working on the project and their superiors shall not be deemed third parties within the meaning of this Agreement.
Information which MG communicates to the Client during a project, in particular information about candidates, shall be treated confidentially by the Client. Any blocking notes of candidates are to be taken into account.
§ 12 Jurisdiction
The cooperation between MG and the Client shall be governed exclusively by German law. The place of performance and exclusive place of jurisdiction for all disputes arising from these General Terms and Conditions and the individually agreed individual consultancy contracts and framework consultancy contracts is Starnberg.
Status: 1.3.2021
Gapp Recruiting & Research
Martin Gapp
Von-der-Tann-Str. 25
82319 Starnberg
