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Terms and Conditions of Business (TCB) for Permanent Placement

  1. Unless another written agreement has been concluded in the individual case, the following Terms and Conditions of Business of GULP Solution Services GmbH & Co. KG (hereinafter referred to as “GULP”) apply exclusively. They apply to all contracts for permanent placement and to all other personnel services. Any differing conditions of the Client shall be deemed to have been opposed and are excluded.

  2. The Client recognises the causal advisory, search and placement activities of GULP for permanent placement contracts.
  3. Data on positions to be filled and on applicants will only be collected, processed and used provided it is necessary for project development. The Client undertakes not to misuse the data and information issued to it or forward it to third parties.

  4. The information compiled by GULP on an applicant is based on the information provided by the applicant himself or herself or on information from third parties. Therefore, GULP cannot accept any liability for the accuracy and completeness of the information.

  5. GULP does not give any guarantee that a position will be filled or that the applicant will meet the expectations set by the Client or that specific work results will be achieved. A guarantee for the work performed by the placed applicant is excluded.

  6. Otherwise the liability of GULP is based on the statutory provisions. If damage is caused negligently, GULP is only liable for the breach of an essential contractual obligation, however the amount shall be limited to the contractually typical damage which was foreseeable when the contract was concluded. This does not apply to bodily injury/death. Any liability on the part of GULP for indirect damage and consequential damage is excluded insofar as legally permissible.

  7. Should an applicant file a claim against GULP due to violations of the German General Equal Treatment Act (AGG) for which the Client can be held responsible, the Client shall indemnify GULP against any claims relating thereto, including the costs of legal action.

  8. If an applicant introduced by GULP already applied for a job with the Client at an earlier date or in parallel, the Client is obliged to inform GULP within 3 working days. In this case GULP will not render any further services with respect to this applicant. The Client may however instruct GULP to continue working with the applicant. If the Client does not notify GULP within 3 working days about the previous or parallel application by the introduced applicant, it shall be liable for the damage which GULP incurs as a result of GULP continuing to act in the absence of timely notification.

  9. A contract for permanent placement may be terminated at any time by either of the contracting parties without complying with a notice period. The date of termination is deemed the time when GULP or the Client takes receipt of the notice of termination by mail (receipt stamp). Should an employment relationship come about between the Client and a applicant proposed by GULP after termination of the permanent placement contract, the fee is nevertheless due in full. The costs incurred up until the time of termination from all other agreed and provided services are likewise to be reimbursed to GULP without any deduction; this regulation also applies expressly for advertisements that have been ordered, but not yet published.

  10. Unless otherwise agreed, GULP’s entitlement to a placement fee (final instalment) is subject to the conclusion of a valid employment contract between the employer and applicant. It is irrelevant whether the applicant actually has the qualifications described in the qualification profile. Should one of the two parties terminate the employment contract before the start of employment or should the applicant fail to take up the position, GULP’s entitlement to the fee or to reimbursement of costs from any other agreed and provided services shall nevertheless still apply.

  11. The Client shall undertake to notify GULP in writing of the conclusion of an employment contract with an applicant proposed and/or assessed by GULP within 5 days after the contract has been signed by GULP (copy of the employment contract).

  12. If the employment contract is concluded on conditions which are different to those offered or should it come about with another applicant proposed and/or assessed by GULP or if an applicant is intended for a workplace that differs from the job description, this will not affect GULP’s fee entitlement.

  13. The invoice amount is due without deduction on receipt of the invoice and payable within 8 days after receipt of the invoice; the time when GULP receives payment is decisive. Any delay in payment places the Client in default, without written notice.

  14. Applicants and other persons presented at interviews are not entitled to take receipt of a fee or cash benefits to which GULP is entitled through the order processing.

  15. Costs which the applicants incur in connection with interviews with GULP or with the Client shall be reimbursed by the Client at the applicant’s request in accordance with the statutory regulations.

  16. No verbal collateral agreements existed at the time of the conclusion of the contract. Any changes and supplements to the contract must be in writing; undertakings given verbally or by telephone must be confirmed in writing in order to be valid.

  17. The place of jurisdiction for disputes arising in connection with the contract is Cologne. This also explicitly applies to disputes in documentary, bills of exchange and cheque proceedings.

  18. Should a provision of the contract or the Terms and Conditions of Business be or become incomplete or ineffective, the validity of the contract and the remaining provisions shall not be affected thereby. Then such provision shall be deemed agreed that admissibly comes closest to the expressed contractual intent.

 

As of: July 1, 2016

 

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