Terms and Conditions
The Talent Tree GmbH (hereafter referred to as the “Talent Tree”) provides personnel services and places qualified specialists and executives on behalf of a company seeking personnel (hereinafter referred to as “customer”). Contracts between Talent Tree and the customer arise through written acceptance of a given offer by the customer. Talent Tree reserves the right to refuse orders without justification.
These General Terms and Conditions (hereinafter GTC) apply to all orders during the entire term of the business relationship between the customer and Talent Tree without the need for a renewed reference to the terms and conditions. Deviating agreements based on respective contracts with the customer (hereinafter “contract”) have prioritized validity opposed to all other agreements. Deviations from these conditions are only valid if they have been agreed on in a written document. If individual points of the general terms and conditions are changed by contract, the other points of the terms and conditions remain unaffected and remain valid. Changes to the GTC will be valid for all present and future business relationships pertaining to the customer and Talent Tree starting the month after corresponding information has been relayed to the customer unless a written objection by the customer arrives at Talent Tree within 14 days.
§2 SERVICES OF TALENT TREE
Talent Tree assists clients in placing professionals and executives (hereafter referred to as “candidates”) and thus recruits suitable candidates who meet the respective requirement profile. Talent Tree provides the customer with selected candidate profiles that are best suited to meet the criteria specified by the customer. Furthermore, Talent Tree will inform the client about the salary expectations and the time availability of the candidate as well as provide a subjective assessment of the candidate’s personality. Upon request, certificates and / or reference sources for the candidates can also be added. Talent Tree assumes no responsibility for the accuracy of the information provided in the candidate profiles.
§3 SERVICES AND OBLIGATIONS OF THE CUSTOMER
The customer will provide Talent Tree with all information and documents that are necessary to successfully fill customer vacancies. In particular, information that Talent Tree may disclose to the candidates in the application process (e.g. PR / media kit, job descriptions, budgets and salary levels, employer portraits etc.). Similarly, the customer will notify Talent Tree of any items that may not be disclosed. The customer must notify Talent Tree regarding affiliated companies whose employees may not be nominated as candidates. The customer will provide Talent Tree with qualified feedback on proposed candidate profiles within 5 business days. The final examination and suitability of the candidates is the responsibility of the customer which incorporates the examination of references, certificates, and other qualifications. If the client has prior knowledge of a presented candidate, he must immediately report this and Talent Tree will not render any further services with regard to this candidate without the explicit request of the customer. If an open position has been filled or closed for other reasons, the customer is required to report this to Talent Tree within 3 business days. If successful, the client will notify Talent Tree without delay as soon as a proposed candidate signs a service or employment contract with the client. The client will provide Talent Tree with all relevant documents (in copy) that are necessary to calculate the respective placement fee. Changes to the company name, legal form, address, and invoicing are to be relayed by the customer to Talent Tree in writing.
Contact person and data security: the contracting party guarantees that all employees which are contact partners of Talent Tree are informed in regards to the Talent Tree data protection declaration and have given their consent regarding the processing of personalized data for the cause of contract fulfillment (job placement). In regards to this topic the contracting party has no right to legally persecute Talent Tree.
According to the Federal German Data Protection Act, Talent Tree is contractually bound to data privacy and thus to confidentiality. A transmission of customer-related data and information is not allowed as long as it isn’t necessary for the fulfillment of the respective order agreement. Talent Tree guarantees its customers absolute confidentiality. Any information received or disclosed by one party to another in the context of this contract is to be kept secret from third parties. This obligation does not end with the termination of the contract. The client is committed in respect to Talent Tree and potential candidates to treat the submitted candidate profiles confidentially. The customer guarantees not to transmit or publish the profiles and documents to third parties or employees of the customer who are not involved in the contractual services. The direct contact to the applicants presented by Talent Tree and their reference donors may only be made after previous approval by Talent Tree. The customer has no right to legally persecute Talent Tree regarding claims pertaining to potential candidates or third parties that are based in a breach of privacy laws by the customer.
In the case that an applicant presented by Talent Tree is successful placed, the customer is bound to pay the contractually agreed sum. All fees are made payable with an added statutory VAT. The obligation to pay becomes valid as soon as a candidate is hired by the client within 12 months of being introduced by Talent Tree under a service or employment contract and becomes due immediately upon conclusion of the contract between client and candidate. This claim persists even if the contract between the customer and Talent Tree is terminated. Talent Tree’s entitlement to payment is equally valid when a service contract or employment contract has been concluded for a position other than the assigned position. In each case the fee pertaining to the position that was occupied by the candidate applies. The travel costs pertaining to a given candidate resulting from the placement process have to be paid by the customer. For this purpose, the customer will inform Talent Tree about the current travel expense agreement for applicants at the beginning of the cooperation. If another recruitment agency or personnel consultancy present the same candidate to the client as Talent Tree, the party which demonstrably was the first to propose the candidate to the customer will have the right to claim the fee.
For each service provided by Talent Tree, the customer will receive one or several respective billing statements depending on the due dates. Each bill is a clear and serious request for payment. All payment obligations are payable within 14 days. After the expiration of the 14 day limit a state of delay is present without the necessity for a further statement by Talent Tree. If a customer is in delay, Talent Tree is entitled to an interest on late payments (per month of 1%). In the event of objections to the accuracy and amount of the invoiced claims, the customer must submit a written document within two weeks of the date of the invoice. Otherwise, the invoice has to be paid fully and in time according to the mutual contractual agreement.
§7 LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
Both parties are only liable for intent and careless negligence on the part of their own employees. Talent Tree assumes no liability nor warranty in regard to the candidate’s work for the customer. In particular with respect to any non-competition agreements pertaining to previous employment or activities by the candidate with or for third parties. The same applies to any potential liability on the side of the applicant in the context of his future work for the customer.
§8 FINAL PROVISIONS
The terms and conditions are subject to the law of the Federal Republic of Germany. The area of legal jurisdiction is Munich. If one of the statements pertaining to these General Terms and Conditions are wholly or partially invalid, this would not affect the validity of the remaining statements. Additional agreements, changes, and additions must be made in writing in order to be effective.
As of 27th August 2018