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 3 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 7 days. After the expiration of the 7 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 interest on overdue payments at the statutory rate. In the event of objections to the accuracy and amount of the invoiced claims, the customer must submit a written document within 7 days 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.
The following General Terms and Conditions define the contractual or commissioned relationship between you as an applicant or a candidate who has been actively presented by Talent Tree to another company (hereinafter referred to as “applicant”, you, or similar) and our company, Talent Tree GmbH with its registered office in Munich at Balanstr. 73, Haus 21A, 81541 Munich (hereinafter referred to as “recruiter”, “us”, “we” or similar), acting on your behalf as a recruiter.
Our recruitment activities, consulting and the use of our online offer is COMPLETELY FREE OF CHARGE for you as an applicant. You provide us with an unpaid commission for the mediation as an applicant in terms of § 662 BGB.
Of course, we are also turnover and profit oriented. However, we do not receive our placement commission, contributions or other costs from you, but from your future employer and we only charge companies that use our services and/or our job posting portal for publications with a cost, commission or contribution invoice.
§1 Completeness, authenticity, truthful information
By submitting and/or uploading your application documents, photos or other data (hereinafter referred to as “application documents”), you declare that all information provided in such is true, complete and that all certificates and testimonials submitted are real.
§2 Order for placement with an employer free of charge
The services provided by us as a recruitment agency are not to be understood as a guarantee of a successful placement, a specific place of work, desired working hours, salary or the duration of an employment agreement. As an applicant, you yourself make a free decision as to whether to enter into a work or employment contract (hereinafter referred to as “employment contract”) with a potential employer or to decide not to do so. The contract negotiations with the potential employer are entirely your responsibility as an applicant. Of course, we will support you during the negotiations and share our market assessments with you. However, as recruiters, we do not provide you with contractual, legal or tax advice. We recommend you consult a licensed lawyer or a specialist lawyer for employment law in order to have contract clauses checked and/or negotiated.
You exclusively give us the order, free of charge for you, to compare our open commissions with your documents and, in the case of an available suitable position, to inform you about your possibilities and, if necessary, to introduce and hire you or use our services or the online offer within the scope of the personnel recruitment service.
§3 Not a part of the employment contract
As a recruiter, we do not become a party to the employment contract concluded between you and your new employer. The conclusion of an employment contract is the entire responsibility of the respective parties to the contract (you and your future employer). We are not liable for or in connection with the conclusion of the employment contract between you and your future employer.
§4 Data security
We take data protection particularly seriously and treat all information relating to the recruitment process (in particular your application documents) confidentially and will process them in accordance with the applicable data protection laws. We process your documents only for the purpose of recruiting you, in particular to offer you vacancies or positions, but also to place you again at a future date, as well as for the operation of our applications and online offers.
You authorize us to process and store your personal data for the duration of this agreement.
Our transparency document with the information according to Art. 13 and 14 DS-GVO is available on our website. Our data protection officer will be happy to answer further questions regarding data protection upon request.
§ 5 Granting of copyrights to application documents and photos
The creation of your application documents gives you copyrighted rights of use, performance, personal or other rights.
If the human resources department of a potential employer forwards your application documents to the relevant department by e-mail, for example, this results in a copyright-relevant reproduction of your application. For this reason, you grant us a free, non-exclusive and transferable right to use all submitted works (application photo, application documents, etc.) for comprehensive and worldwide use without time, content or location restrictions.
In particular, you grant us the online and retrieval right. This is the right to make your application documents available by using digital or other storage and transmission technology.
You also grant us the database and telecommunications rights. This is the right to store the application documents, parts or elements in electronic databases and to feed them into data networks.
You also grant us the right of reproduction and distribution. This refers to the right to reproduce and distribute the application documents as desired – including on data storage devices other than those originally used – within the scope of the types of use granted.
§6 Reference information
You commission us and herewith authorize us to obtain references from your former or current employers, if we consider this necessary. You further authorize us to grant this right to prospective employers.
§7 Transfer of personal data to prospective employers
You instruct us to disclose your personal data to potential employers for assessment and evaluation purposes. In particular, you instruct us to disclose, transfer to and/or otherwise make available your personal data (e.g., resumes, references, notice periods, salary requirements and/or similar information) to prospective employers. The transfer or disclosure will only take place after we have made a pre-selection and checked if you are generally suitable for the position to be filled.
§8 Disclosures by employers to the recruiter
After the conclusion of an employment contract with your new employer, you give us the order to query or request all data and documents from your new employer that are necessary for the issuing of our cost, commission or contribution invoices (e.g. date of conclusion or termination of the employment contract, annual income incl. all special payments, bonuses, commissions, non-cash benefits, employment contracts, wage and salary statements, etc.) and hereby expressly release your employer from all confidentiality or other contractual or statutory obligations of secrecy and data protection with regard to such data required by us. This also applies if employment on a fee basis or other employment, for example as a freelancer, freelancer or consultant is agreed.
If no employment contract is concluded with a proposed employer, you allow the employer to inform us of the non-occurrence as well as the reasons for this. You also allow us to request employers to destroy your application documents for reasons of data protection or to hand them over to you or us.
§9 Term of contract and termination
This contract is concluded for an unlimited period of time and may be terminated by either party at any time without notice. Termination will not affect any copyrights granted. We will delete all data in our system as soon as you have given notice of termination.
§10 Final provisions
(1) If you are resident in the Federal Republic of Germany or in a third country at the time of the conclusion of the agreement, the law of the Federal Republic of Germany applies exclusively to this agreement between us and you. If you are resident in another member state of the European Union at the time of conclusion of the contract, the law of the respective member state in which you reside or work or the law of the Federal Republic of Germany applies at your free choice.
(2) The place of jurisdiction for all disputes arising from this contractual relationship shall be determined by the applicable law. The applicant is free to file a suit at the registered office of the company.
(3) There are no verbal additional agreements. Subsidiary agreements must be confirmed in writing by both contracting parties in order to be valid.
(4) If clauses of this contract have not become an integral part of the contract in whole or in part or are ineffective, the other parts of the contract remain effective. As far as clauses have not become part of the contract or are ineffective, the content of the contract is governed by the statutory provisions. The contract is invalid if adherence to it would represent an unreasonable hardship for one of the contracting parties, even taking into account the statutory provisions.
As of 26th February 2021