GTC for companies
General terms and conditions for companies and organisations
1 Scope of application
These general terms and conditions apply to the recruitment services as well as to any commercial relations between AfricaWorks Personalberatung – Jochum, Kleis, Lemmerich und Strunk GbR (hereinafter referred to as “AfricaWorks”) and the client. Sec. 305b of the German Civil Code (BGB) applies.
2 Nature and extent of the contract
(1) The contract contains the service of AfricaWorks to recruit job applicants (candidates) for the client in order to fill a job vacancy or relevant position. Services generally include the sourcing, screening and proposing of suitable candidates in accordance with each request, independent of the employment or business relation, period, working hours, hierarchy level or subordination.
(2) Any services will be exercised at the reasonable discretion of AfricaWorks and will be based on pertinent information or data provided by the client or acquired by AfricaWorks. The latter is entitled to make use of its own resources, domain knowledge, experience, skills and best efforts in accordance with standard pre-employment practices.
(3) Services do not cover special screening measures such as credit rating, criminal record or health status examination.
3 Rights and obligations
(1) The contents and scope of obligations are governed by a written recruiting service agreement based on a proposal delivered to and accepted by the client after commencement of contract negotiations. Any proposal is aimed at the introduction of at least one candidate approved by AfricaWorks.
(2) Screening measures including evaluation are based on a job profile developed by AfricaWorks and the client, containing the relevant criteria and their prioritisation. The client shall communicate any amendments relating to the job profile without undue delay. AfricaWorks reserves the right to reject subsequent amendments if necessary.
(3) After screening AfricaWorks shall propose a professionally and personally suitable candidate by providing the client with the respective dossier. Afterwards, the client is obligated to clarify what the time-frame and process shall be with regard to the upcoming interview, selection and hiring phase. The client is obligated to notify AfricaWorks without undue delay if the client intends to hire a proposed candidate. AfricaWorks reserves the right to conduct the communication of the outcome and result of the hiring process to all proposed candidates (feedback).
(4) The client is obligated to delete or destroy any provided personal data, especially those of rejected candidates unless agreed otherwise. This comprises information on data media, servers or digital storage media as well as written or printed works or their replica. The client is not authorized to forward candidate dossiers to third parties without express authorization by AfricaWorks.
(1) AfricaWorks is entitled to payment in accordance with the recruiting service agreement concluded with the client and the specific payment plan it contains. The client accepts receipt of invoice in electronic form. Payment, plus value added tax (VAT) where applicable, shall be made to the bank account of AfricaWorks in the Federal Republic of Germany in Euro (EUR). The client shall bear the transaction fees in case of an international wireless transfer (OUR transfer). Record date of the currency exchange rate from any foreign currency to EUR is the date of signature of the contract concluded with the candidate.
(2) If the client intends to hire more than the originally agreed number of candidates after proposal, or if a proposed candidate is hired for a different role or position other than the role or position that candidate was originally proposed for, the client is required to notify AfricaWorks thereof without undue delay. If the client concludes an agreement or establishes a contractual relationship with a proposed candidate within 24 (twenty-four) months after proposal by AfricaWorks, without informing the latter thereof, the client is obliged to pay a recruiting fee of 30% (thirty per cent) of the candidate’s agreed gross annual salary. In all other cases the originally agreed fee applies within this period.
(1) AfricaWorks does not incur any liability for the success of its services nor the quality or performance of proposed candidates. This also applies to subjective expectations by the client or any case of damage mediately or immediately caused by a candidate.
(2) The client is required to examine any oral or written statements and claims about or by the candidate with regard to their truth or validity. Such statements or claims, especially on personal traits or qualifications do not constitute any assurance or guarantee by AfricaWorks.
(1) Contractual relations end after the successful placement of a candidate. Proof of concurrent causation suffices, independent of the time a working relationship between the candidate and the client commences.
(2) Any party has the right to terminate the contract in accordance with legal regulations stipulated by the BGB. Remuneration claims are not affected and remain in force if the client enters a legally binding contractual relationship with the candidate after having terminated the contract.
7 Non-disclosure agreement
(1) AfricaWorks and the client are legally bound by the following agreement on non-disclosure of confidential information (NDA). Confidential information is any data, information or material including ordered services and work results, provided orally or in writing, that is proprietary to the disclosing party and not generally known to the public, or that the parties directly or indirectly receive from each other and which are classified as confidential. The same applies to such data, information or material whose confidentiality typically results from their subject matter or the specific circumstances of the case at hand.
(2) Both parties adhere to treating all confidential information which they have been directly or indirectly provided with or have otherwise obtained with strict confidentiality. They shall not forward or provide such information to third parties or to the general public without the other party’s former consent. The same applies to the application or utilization of such data. Besides the other party’s former consent, this obligation does not apply in case an obligation to disclose such information exists by a court order, an administrative act or law.
(3) The parties will take all necessary and adequate measures to guarantee the confidentiality of said information. Confidential information shall only be disclosed to employees or such third parties that are required to obtain them through their activities, status or responsibilities. The obligations following from this NDA shall remain effective beyond both parties’ cooperation or commercial relations. All (electronic) documents relating to confidential information shall be handed out to the other party upon the other party’s request. This NDA also applies to both parties’ legal successors.
8 Equal opportunity / Non-discrimination
Employers agree to consider any candidate suitable to fill a job vacancy solely based on each candidate’s professional and personal qualification and without regard to race, colour, religion, age, sex, marital status, sexual preference, national origin, physical disability, pregnancy, veteran or HIV status.
9 Severability clause
In any case of the aforementioned regulations do not completely or partially form an integral part of the contract, the validity of the rest of the contract shall not be affected.