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 advertisements and open vacancies. The commissioning also comes about through the use of candidate profiles that have been presented to the client by ARTS on its own initiative.
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 invoice partial orders separately.
2.Processing / Handling
a. ARTS presents candidate exposés or profiles to the client either proactively or on request. 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 interviews.
b. ARTS is obliged to present the data of the candidate given in the profile to the best of its knowledge and belief. The profile data are mainly based on the data, information and details provided by the candidate or third parties. Any further examination of the information provided by the candidates is excluded. ARTS does not assume any liability for the correctness and completeness of the data and information. The services provided by ARTS do not replace the careful examination of the candidate by the client. The customer takes full responsibility for its choice.
c. ARTS is not liable for the premature withdrawal of a candidate’s application. Similarly, ARTS cannot guarantee the candidate's decision to enter into an employment relationship with the client. The initial contact, as well as the resulting appointment agreements between the client and the candidate are made exclusively by ARTS. Contact details will only be given after consultation with the candidates.
d. The client is obligated to inform ARTS immediately about the conclusion of an agreement within the meaning of this section, e.g. an employment contract with a candidate proposed by ARTS, and to provide corresponding proof of the conclusion of the agreement 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 upon receipt of the documents by ARTS. In this case, ARTS will not provide any further services regarding this candidate. The client may, however, instruct ARTS to continue working on this candidate. The client may, however, instruct ARTS to continue working on this candidate as well. If, in this case, a contract of employment is concluded between the candidate and the client, ARTS is entitled to charge the full agency fee.
a. If the employment contract is concluded on terms other than those offered or if the proposed candidate is intended for a job that deviates from the requirement profile, this shall not affect ARTS’s fee claim.
b. The presentation of candidate expositions or profiles by ARTS is initially free of charge and non-binding. For the client, the service is only charged when an employment relationship is established between the client and the placed candidate.
c. The fee for the personnel placement amounts to 30.0 % of a gross annual target income.
d.In addition to the regular monthly salary, the annual target income also includes any allowances, bonuses and special payments (variable remuneration components) as well as holiday and Christmas bonuses. Company cars are included in the annual target income with a value of 6,000 €.
e. The fee is also owed if the client makes the candidate's data accessible 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 as soon as an employment relationship is established under the above conditions. The basis for the calculation is the employment contract concluded with the candidate. A copy of the contract must be sent to ARTS immediately after signing. If part of the fee cannot be determined precisely at the time of conclusion of the employment contract due to variable remuneration components (bonuses, supplements and special payments), a separate invoice will be issued. As proof of the variable remuneration components actually paid, a suitable wage statement e.g. the wage slip for the relevant payroll month must be sent to ARTS without delay.
g. If a contract is concluded between the client and a candidate presented by ARTS within 12 months of expiry of the cooperation, ARTS’s claim to payment of the placement fee shall remain unchanged if the candidate was presented to the client during the period of the agreed placement. The same applies if the applicant was presented to the client as part of the initiation of a hiring out of employees without the presented candidate actually being hired out.
h. The fee is due for payment within 14 days of invoicing and is net without deduction plus the applicable statutory value-added tax. Changes to the collective bargaining or statutory provisions shall result in a corresponding change to the price or agency fee.
i. For specific search orders, the client shall bear the corresponding advertising costs. The client shall bear the travel costs of the candidates if they are traveling at the express invitation of the client.
j. If payment is not made on time, the client shall be in default even without a reminder and shall owe a default interest rate of 3% above the respective discount rate of the European Central Bank (base rate), but at least 5%. The receipt of payment by ARTS is decisive.
k. The client is not entitled to offset against ARTS or to assert a right of retention, unless the counterclaim of ARTS has been acknowledged by ARTS or has been legally established.
4. Confidentiatlity / Protection of Personal Data
a. The contracting parties are obliged to maintain confidentiality with regard to documents and information which they have received through the other contracting party or a candidate within the framework of the placement or application and not to pass them on to third parties. This obligation shall continue after termination of this Agreement.
b. At the request of the contractor, the client shall surrender documentation and information received from ARTS. This shall not apply to documents passed on by a candidate with whom the client has concluded a contract.
5. 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.
State: September 2019