1. Scope and Subject Matter
These General Terms and Conditions (hereinafter: “GTC”) apply between Talent Trackers OÜ, a company under Estonian law based in Tallinn (hereinafter: “we“, “us“, “TT“), and the Client. The GTC govern the terms and conditions for the use of our services and products.
2. Conclusion of Contract
A service contract is concluded between us and the Client. TT offers the Client various services as outlined under Clause 3 of these GTC, which determine individual service elements and payment modalities. The contract for the ordered service is only concluded when TT sends the Client an order confirmation by email.
3. Services
TT is a service company that provides services related to personnel recruitment for its clients.
Our team of permanent and freelance researchers ensures that the services ordered by the customer are provided with high quality.
The ordering of services is done either through the contact form on our website (https://talenttrackers.de/bestellformular/) or by email to info@talenttrackers.eu. The provision of services begins after the examination of the order, our order confirmation, and the receipt of the corresponding remuneration (see Clause 4). It includes, depending on the Client’s choice, the following services described under Clauses 3.1 to 3.6:
3.1 Creation of Target Company Lists
This service offers the creation of a list of companies where potential candidates for a position defined by the Client work.
3.2 Identification of Candidates/Creation of a Longlist
The identification of potential candidates for a specific position is based on the criteria formulated by the Client. The longlist thus created is compiled taking into account these criteria to offer the customer a selection of qualified potential candidates.
3.3 Contact/Expression of Basic Interest
We proactively contact potential candidates to determine their basic interest in the respective vacancy.
3.4 Short Interviews/Inquiry of Motivation, Availability, Salary Expectations
We actively contact potential candidates and conduct short interviews to inquire about basic information such as motivation, availability, and salary expectations. These short interviews allow the Client to gain insight into the basic suitability of the candidates.
3.5 Offshoring/Flat-rate Offers
We provide our clients with exclusive research resources available at any time as part of flat-rate offers.
3.6 Fast Track Search
- Creation of the official job description based on the job description provided by the Client.
- Identification of suitable candidates.
- Direct approach to identified candidates.
- Candidate interviews to inquire about motivation, availability, salary expectations.
- Forwarding of CVs from interested candidates with information on motivation, availability, and salary expectations.
3.7 We make it clear that within the scope of our services, we neither guarantee placement nor provide assurance that the candidate will meet the Client’s expectations or achieve specific work results.
4. Prices and Payment Terms
4.1 Prices
The prices for our services are agreed upon and determined based on the region, difficulty of search and seniority of the position.
4.2. Payment Terms
Upon receipt of the order confirmation by the Client (conclusion of the contract), the Client owes the respective remuneration.
The Client is in default if they do not pay within 14 days after the due date and receipt of the invoice (receipt of payment by us). If the scope of the respective service provision is mutually amended, especially expanded, during the order processing, TT may request a corresponding adjustment of the agreed prices and remuneration, especially their increase.
4.3. Success Fee for Fast Track Search
If the Client is obligated to pay a success fee, the calculation of the success fee is determined as a percentage based on the underlying gross annual salary of the referred candidate, including all additional benefits, including special payments and variable salary or compensation components (e.g., 13th-month salary, allowances, vacation and/or Christmas bonuses). Success-dependent salary or compensation components are assessed at their expected value at the conclusion of the employment relationship. In the case of a self-employed employment relationship, the agreed annual target remuneration excluding VAT shall be decisive instead of the gross annual salary.
The entitlement to payment of the success fee arises as soon as an employment relationship is established between the candidate proposed by TT and the Client. The entitlement arises upon the concurrent causation of our activities for the establishment of the employment relationship. The termination of the referred candidate before or after commencing employment by the candidate or the Client does not affect the entitlement to the basic and success fee.
An employment relationship is understood to be any employment relationship, but also any independent service relationship with the client or a company associated with the client within the meaning of § 15 AktG, for example, within the framework of freelance work. The employment relationship is deemed to have been established when an employment or other service contract is concluded between the candidate and the Client, but at the latest upon commencement of the employment. The employment relationship is also deemed to have been established if the candidate is hired for a different position than the one originally proposed, if the candidate is hired by the Client within 12 months after an unsuccessful referral to the client for the original or another position, or if the client concludes a corresponding contract with the candidate by bypassing the referral by TT, especially by involving a third party.
The client undertakes to inform TT of the conclusion of the employment contract with a candidate or – if no employment contract has been concluded beforehand – the commencement of the activity within 5 working days, stating all necessary information for the determination of the success fee, especially the start of the employment relationship and the amount of the gross annual salary including all additional benefits in written form (e.g., via email).
4.4 Value Added Tax
All information regarding the agreed remuneration is net amounts. Payment of value added tax is subject to applicable legal regulations.
5. Duration of Contract, Termination
The contract can be terminated by the Client or TT without notice or giving reasons in text form according to § 126a BGB. In the event of termination by the customer, the basic lump sum will not be refunded. If we have already provided mediation services at the time of termination, the termination will not affect our entitlement to remuneration for the mediation services already provided.
6. Limitation of Liability
6.1 We only provide damages, regardless of the legal grounds, according to the principles outlined below.
6.2 TT is liable for damages resulting from a breach of the duty of care due to intent and gross negligence without limitation.
6.3 In cases of slight negligence, TT’s liability for property and financial damages is limited to 100% of the respective net remuneration, per violation. Claims for damages by the Client expire in 24 months.
6.4 The aforementioned limitations and restrictions do not apply to (a) damages to life, body, and health, (b) in the event of culpable breach of material contractual obligations, whereby liability in these cases is limited to the amount of damages foreseeable and typical for the contract at the time of conclusion of the contract, or (c) in the event of the assumption of a guarantee for the quality or the existence of a performance success. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer can rely.
7. Confidentiality
The parties undertake to maintain confidentiality about all business and operational secrets known to them during the term of the contract, in particular the contents and conditions of the contract. The obligation of confidentiality also extends to information not expressly designated as confidential by the other party. Furthermore, the parties undertake to treat documents or data acquired in connection with the performance of this contract confidentially towards third parties. The obligation of confidentiality does not extend to knowledge that is accessible to everyone or the disclosure of which is evidently not disadvantageous to either of the parties. The obligation of confidentiality does not apply if a party is legally obliged to provide information or if the provision of information is necessary for legal reasons vis-à-vis authorities or to preserve legal claims vis-à-vis courts. The obligation of confidentiality continues to apply after termination of the contract.
8. Data Protection
The Client and TT are responsible for their respective activities under this contract and the handling of candidate data in accordance with Art. 26 GDPR. They will therefore process personal data of applicants only in compliance with their obligations. In particular, the customer will not process data of the candidates provided by us for any purpose other than the performance of this contract and the possible establishment of the respective employment relationship.
After completion of the placement activity, the Client returns the documents received from TT and deletes the personal data of the candidates made accessible to them, unless statutory retention obligations prevent this.
The Client provides TT with all necessary information required for the position to be filled. We will treat this information confidentially and only use it within the scope of the specific order. After termination of this contract, the respective data will be deleted, and the documents received from the customer will be returned.
9. Intellectual Property
All content provided within the framework of contract fulfillment is protected by copyright. The customer grants us the right to use all trademarks, logos, names, or other business identifiers of the customer without restriction within the scope of the services to be provided. Deviations from this require a separate agreement.
10. Final Provisions
10.1 Contradictory GTC
Contradictory, supplementary, or deviating terms and conditions of the customer are not recognized unless otherwise agreed in writing. We expressly object to the inclusion of the customer’s general terms and conditions.
10.2 Severability Clause
Should a provision of this contract be or become invalid or unenforceable, the validity of the contract as a whole shall not be affected thereby. The parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes economically as close as possible to the invalid or unenforceable provision. The same applies in the event of a regulatory gap.
10.3 Applicable Law, Jurisdiction
This agreement is subject to German law. Berlin is the exclusive place of jurisdiction for all disputes between the parties arising out of or in connection with this contract.