General Terms and Conditions
General Terms and Conditions of ARTS Experts GmbH
ARTS Experts GmbH (hereinafter referred to as ARTS) specialises in the field of aviation technology as a personnel services and placement company.
These Terms and Conditions shall be applied in business transactions with companies, legal persons governed by public law and public special funds (hereinafter referred to as the "client") and shall apply exclusively. ARTS does not accept any general business customer Terms and Conditions that are contrary to or deviate from our conditions, unless ARTS has expressly agreed to their validity in writing. The conditions and the provision of services by ARTS do not replace the careful examination of all business transactions by the client.
General Terms and Conditions for Personnel Placement
a. The client shall commission ARTS verbally, in writing or in text form (e.g., via email) with the search for suitable candidates of his job vacancies and open vacancies. The commissioning also comes about by the use of candidate profiles that have been presented to the client by ARTS.
b. Insofar as only partial orders have been issued, the client has the right to terminate the placement order after execution of individual partial orders. ARTS will settle partial orders separately.
a. ARTS shall provide the client with an initial proposal or, on request, candidate expositions or profiles. In this profile, ARTS will compile information about the personality, development, current position, personal experience and potential of the candidate resulting from the documents and preliminary discussions.
b. ARTS is obligated to reproduce the data of the candidate given in the profile to the best of its knowledge. The profile data are mainly based on the entries, information and details provided by the candidate or third parties. A further examination of the information provided by the candidates is excluded. ARTS assumes no liability for the correctness and completeness of the entries and information. The services provided by ARTS do not replace the careful examination of the candidate by the client. The customer bears full responsibility for its choice.
c. ARTS accepts no liability for a candidate withdrawing his or her application in advance. Similarly, ARTS cannot guarantee the candidate's decision to enter into an employment relationship with the client. The initial contact, as well as the subsequent deadline agreements between the client and the candidate are exclusively made by ARTS. Contact details will be given only after consultation with the candidates.
d. The client is obliged to notify ARTS without delay of the conclusion of an Agreement within the meaning of this section, such as an employment contract with a candidate proposed by ARTS, and to furnish proof of the agreed Contract and the income agreed between him and the candidate.
e. If a candidate proposed by ARTS has already applied to the client independently of the commissioned order, the client is obliged to inform ARTS immediately after receipt of the documents by ARTS. In this case, ARTS will not provide any further services for this candidate. The client may, however, instruct ARTS to continue working on this candidate. If, in this case, a contract of employment is concluded between the candidate and the client, ARTS is entitled to calculate the placement fee in full.
a. If the employment contract is concluded on terms other than those offered or if the proposed candidate is provided for a workplace deviating from the requirements profile, this does not affect the fees charged by ARTS.
b. The presentation of candidate expositions or profiles by ARTS is initially free of charge and non-binding. The service is only subject to a charge for the client if an employment relationship comes to pass between the client and the referred candidate.
c. The fee for the personnel placement amounts to 30.0 % of a gross annual target income.
d. The annual target income includes any allowances, bonuses and special payments (variable compensation components) as well as the holiday and Christmas bonus in addition to the regular monthly fee.
e. The fee is also due when the client provides the candidate's principal data to a third party and the candidate is then employed in the third party's company.
f. The fee for the placement of a candidate is due at one hundred percent (100%) once an employment relationship has been settled under the above conditions. The basis for the calculation is the employment contract concluded with the candidate. This must be sent to ARTS immediately after signing. If a part of the fee cannot be determined precisely on the basis of variable remuneration components (extra pay, bonuses and special payments) at the time of the employment contract, a separate invoice will be issued. Proof of the variable remuneration components actually paid shall be sent to the Contractor without delay by means of an appropriate proof of wage for the relevant accounting month, e.g., the payroll.
g. If a contract between the client and a candidate presented by ARTS is established after expiry of the cooperation, the contractor's claim for payment of the placement fee remains unchanged if the candidate was presented to the client during the period of the agreed placement.
h. The client bears the corresponding advertisement costs for specific search orders. The client accepts the travel expenses of the candidates, if they are traveling at the express invitation of the client.
i. The fee shall be due for payment within 14 days after the invoice has been issued and will be deducted net, without deduction, plus the applicable statutory value-added tax. Changes to rates or legal provisions result in a corresponding change in the price or broker's fee.
j. In the case of non-payment, the client shall be considered in arrears even without a reminder and owe a default interest of 3% above the respective discount rate of the European Central Bank (base rate), but at least 5%. The payment receipt at ARTS is decisive.
k. The client is not entitled to offset ARTS or to assert a right of retention, unless the counterclaim of ARTS has been acknowledged or legally established.
a. If the termination of employment is due to termination by the candidate or due to personal or behavioural termination of the candidate by the client, the client shall be entitled to a refund of
75% of the remuneration paid in the case of a termination within three (3) months after conclusion of the employment contract,
50% of the remuneration paid for termination within six (6) months after conclusion of the employment contract,
25% of the remuneration paid for termination within nine (9) months after conclusion of the employment contract.
b. The claim for reimbursement shall be claimed by the client within four (4) weeks after the end of the employment relationship in the form of an invoice. The client has to verify the termination of the employment relationship by submitting the effective termination.
5. Confidentiatlity / Protection of Personal Data
a. The contracting parties are obliged to maintain confidentiality for documents and information that they have received through the other contracting party or a candidate within the framework of the placement or application and agrees not to pass it on to third parties. This obligation shall continue after termination of this Agreement.
b. At the request of the contractor, the client shall issue documentation and information obtained from the contractor. This does not apply to the forwarded documents for a particular candidate with whom the client has concluded a contract.
6. Jurisdication and Place of Performance
Place of jurisdiction and place of performance is Dresden. The law of the Federal Republic of Germany shall apply to the exclusion of the German conflict of laws.