General terms and conditions

1 General information

1.1 Services

Bildungswerk der Baden-Württembergischen Wirtschaft e.V. generally provides the following services: external selection and recruitment management in the recruitment of skilled workers and managers.

1.2. Scope

The General Terms and Conditions apply to all Bildungswerk der Baden-Württembergischen Wirtschaft e.V.'s contractual relationships in the area of recruitment. 

These General Terms and Conditions of the Bildungswerk der Baden-Württembergischen Wirtschaft e.V. form an integral part of the recruitment contract concluded with the customer - hereinafter referred to as the "client" - and apply as a supplement to it. They govern all services provided by the Bildungswerk der Baden-Württembergischen Wirtschaft e.V., apply to both follow-up orders and permanent business relationships and are therefore explicitly part of all quotations, orders and contracts of the Bildungswerk der Baden-Württembergischen Wirtschaft e.V. in the area of recruitment -  including in the future.

Agreements that differ from the General Terms and Conditions as well as contract changes, amendments and supplementary agreements must be made in writing.

§ 2 Object of contract

2.1 Conclusion of contract

A recruitment contract becomes binding for Bildungswerk der Baden-Württembergischen Wirtschaft e.V. as soon as a written contract is in place. Changes, amendments and supplementary agreements of any kind shall only become effective if they are made in writing and signed by both parties. 

2.2 Scope of service changes

Each of the contracting partners may request in writing that the other contracting partner makes changes to the agreed scope of services. Following receipt of an amendment request, the recipient shall check the amendment to determine whether and under what conditions this request is feasible and immediately inform the requestor in writing of the approval or rejection.

§ 3 Client's obligation to cooperate

The client shall ensure that all the necessary documents for the fulfilment and execution of this contract are submitted to the recruitment agency in a timely manner without being prompted and that they are informed about all procedures and circumstances that are relevant for the execution of this contract. This shall also apply to all documents, procedures and circumstances that become known during the recruitment agency's activities.

If an applicant introduced by the recruitment agency has already applied to the client independent of the introduction by the recruitment agency, the client shall be obliged to inform the recruitment agency immediately after receipt of the application documents by the recruitment agency. Any prior knowledge shall be outlined by the client as production of evidence. In this case, the recruitment agency shall provide no further services with regard to this applicant.  However, the client may instruct the recruitment agency to provide a service with regard to this applicant.

In the context of the recruitment and job placement the Client and applicant both undertake to immediately inform Bildungswerk der Baden-Württembergischen Wirtschaft e.V. without being prompted of the conclusion of a contract between the Client and an applicant introduced by the recruitment agency by sending a copy of the (employment) contract concluded. In the case that an employment contract is concluded with an unemployed applicant, the client shall undertake to confirm the conclusion of a contract immediately on a form for the Federal Employment Agency and then the continuation of the employment relationship after 6 months.

§ 4 Fee conditions

4.1 Placement fee

A claim for a placement fee at the value agreed in the contract shall arise upon fulfilment of the contract in accordance with the applicable terms and conditions of Bildungswerk der Baden-Württembergischen Wirtschaft e.V. If contracts are concluded with several applicants as a result of this recruitment contract, the placement fee for each individual contract shall be payable in full.

If a third party concludes a contract with an applicant in the context of the recruitment as a result of documents and/or information that the client has received or passed on, the client shall also be liable for the placement fee.

Costs for third-party services shall generally be borne by the client. This shall also include expenses incurred by the applicant for the interviews with the client in the context of the recruitment. The client shall bear the costs incurred, unless otherwise agreed.

4.2 Payment terms, due date, default

All fees shall be exclusive of the VAT applicable at the time of the provision of the service. All invoices shall therefore be charged with the applicable statutory VAT added.

Invoices shall be paid 8 days after the date of invoice without deductions.

If the invoice amount has not been paid within 30 days of the invoice date, the contracting partner shall be in default of payment. Bildungswerk der Baden-Württembergischen Wirtschaft e.V. shall then charge default interest at a rate of 5% above the respective base rate of the ECB.

§ 5  Liability and guarantee

Apontis shall provide no guarantee or commitment for successful recruitment within the contract period in the context of the recruitment. 

The recruitment agency shall not assume that one of the applicants recommended to them shall also actually fulfil the expectations that the client has of the applicant or can achieve specific results. No guarantee shall be provided for the actual qualification or suitability of the proposed applicant, their quality of work, working style, ability to work under pressure or personal reliability. False or incomplete information provided by the applicant or the client shall exclude the recruitment agency from any guarantee.

§ 6 Contract period and termination 

The activity of the recruitment agency shall start with the conclusion of a contract and end when an employment contract is concluded as a result of this activity or if the applicant takes on independent work for the client as a result of contact initiated by the recruitment agency, for example, to work as a subcontractor for the client, but no later than after the contract period of 6 months.

The recruitment contract can be terminated by both contracting partners, the client and Bildungswerk der Baden-Württembergischen Wirtschaft e.V. with a notice period of 2 weeks. 

This recruitment contract shall also be deemed to be fulfilled if an employment contract - whether temporary or permanent - differs from the advertised job description and provides full-time, part-time or any other form of employment. A legally binding contract shall also be concluded if the client passes on documents or information to a third party (e.g. to an affiliated company) if this results in an employment relationship with the applicant and third party.

If an employment contract is concluded between the client and an applicant introduced by Bildungswerk der Baden-Württembergischen Wirtschaft e.V. after termination or expiry of the recruitment contract, the entitlement to a placement fee shall apply for a total of 12 months.

The term recruitment shall be understood as meaning any contribution or causal effect on the part of the recruitment agency, the omission of which would jeopardise the fulfilment of the contract.

§ 7  Copyright and data protection

All documents created by Bildungswerk der Baden-Württembergischen Wirtschaft e.V. are subject to copyright. They are solely intended for the personal or business use of the respective customer and may not be duplicated and published or passed on to third parties.

The client shall return the documents provided by the recruitment agency on request or, in the event of electronic transmission, delete them immediately at the end of the contract. This shall not apply to the documents of an applicant with whom the client has concluded a contract.

§ 8 Final provisions

8.1 Court of jurisdiction and place of fulfilment

The law of the Federal Republic of Germany shall apply for the contract between Bildungswerk der Baden-Württembergischen Wirtschaft e.V. and the client. The place of fulfilment and exclusive court of jurisdiction for all disputes arising directly or indirectly from the recruitment contract is the Stuttgart court of jurisdiction insofar as the hirer is a business owner, legal entity under public law or special fund under public law. 

8.2 Severability clause

Should any of the provisions of these terms and conditions be or become ineffective or an unknowing gap in the provisions be subsequently identified, the validity of the other provisions shall consequently not be affected. In this case, the client and Bildungswerk der Baden-Württembergischen Wirtschaft e.V. shall undertake to work towards the intended purpose by the agreement of an alternative provision that comes closest to the commercial purpose of the ineffective provision.

Dated: 23.05.2018