General Terms & Conditions for Recruitment agencies
§ 1 Scope
These General Terms and Conditions ("GTC") apply to all companies operating in the field of staffing ("Staffing service provider") and the services they provide to Formycon AG ("Formycon") in the field of staffing. Conflicting terms and conditions or terms and conditions that deviate from these GTC will not be recognized unless Formycon has expressly agreed to them in writing. Agreements made in writing with the staffing service provider take precedence over these GTC.
Formycon accepts staffing proposals exclusively via Formycon's online job portal ("Online Portal"). Formycon expressly rejects all staffing proposals from recruiters that are not submitted via the online portal.
§ 2 Conclusion of contract
Insofar as no individual contractual agreement exists between the staffing service provider and Formycon, the staffing service provider declares its agreement with these GTC by posting a placement proposal on the online portal.
A contract with the personnel service provider based on these GTC comes into effect when Formycon confirms acceptance of the placement proposal. The automatically generated confirmation of receipt of the placement proposal expressly does not constitute such acceptance.
§ 3 Services of the staffing service provider
The staffing service provider shall ensure that
- Formycon receives with the staffing proposal all documents and information required and necessary for the evaluation of the candidate, which includes at least the following information: 1. short profile of the candidate, 2. copy of the candidate's CV 3. availability, 4. salary
- The candidate has been assessed for suitability for the advertised position at least once in a personal interview with the recruitment agency prior to submission of the dossier.
- the candidate has a valid work permit in the Federal Republic of Germany.
§ 4 Fee
In the event that a contract is concluded with the candidate proposed by the staffing service provider, Formycon agrees to pay a fee in the amount of 20% of the candidate's annual base salary (not including bonuses, premiums, company cars, or other gratuities) plus the applicable value-added tax.
Formycon does not owe any fee if the proposed candidate
- was already known to Formycon prior to the placement proposal of the personnel service provider, regardless of the time and position;
- has applied directly to Formycon;
- had a temporary or permanent employment contract with Formycon in the past; or
- the employment relationship with the candidate ends within the probationary period or the candidate does not take up the position.
The fee is due at the end of the probationary period agreed with the candidate, but no later than 6 months after the start of the employment relationship between Formycon and the candidate.
§ 5 Customer protection
The staffing service provider is obligated not to directly approach any candidates referred by him to Formycon again in order to offer them another position as long as an employment relationship with Formycon exists without notice.
Likewise, the stafing service provider agrees to not poach any Formycon employees or to directly approach employees or managers, regardless of the purpose.
§ 6 Data protection
The staffing service provider and Formycon shall comply with the provisions of the German Federal Data Protection Act (BDSG) and the German Data Protection Ordinance (Datenschutzgrundverordnung) as amended.
The staffing service provider and Formycon are obligated to maintain confidentiality about data and information that they have received about the other contracting party or a candidate in the course of the placement or application. This obligation shall continue to exist after termination of the placement contract.
§ 7 Liability
The liability of the Staffing Agency arising out of or in connection with the provision of the Staffing Services shall be governed by applicable law.
During the term of the Agreement and thereafter, the Staffing Provider shall indemnify, defend and hold harmless Formycon, its Affiliates and their respective officers, directors, employees and consultants from and against all damages, costs, expenses and losses, including reasonable attorneys' fees, directly resulting from any third party claim arising out of or in connection with (i) the Staffing Provider's breach of any of its obligations under the Staffing Agreement or (ii) the Staffing Provider's breach of any of its obligations, representations and/or warranties.
§ 8 Final Provisions
This contract is subject to German law to the exclusion of conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes between the recruiter and Formycon is the Regional Court of Munich I.