General Terms and Conditions for Clients (as of 12.09.2024)
1. Scope and Subject Matter
These General Terms and Conditions (hereinafter: “GTC“) apply between PAN – The Public Affairs Network GmbH (hereinafter: “we“, “us“, “PAN“), represented by the managing directors Dr Frank Schauff and Mr Christian Tegethoff, Friedrichstraße 129c, 10117 Berlin, Germany and the client. The GTC govern the terms and conditions for the use of our services and products.
2. Formation of Contract
A recruitment services agreement shall be concluded between us and the client. PAN offers the client various services, described under Section 3 of these GTC, which determine individual service elements and payment terms. The contract for the ordered service is only concluded when PAN sends the client an order confirmation via email.
3. Services
PAN is a human resources consulting and recruitment company that identifies candidates for the client’s open positions.
3.1 Network Search
Through our extensive network of carefully selected contacts in Berlin, Germany and the European Union, we ensure that the client’s job advertisement reaches the right individuals. Our experts recommend qualified candidates who meet the requirements of the respective vacancy. Contact for a search via our expert network is made by email to our office. The provision of services begins after our employees have reviewed the position description, after our order confirmation and upon receipt of the basic fee. Depending on the client’s choice, it includes the following services:
a. “Basic” module
- Creation of the official position description
- Candidate recommendation through network and internal profile pool
- Forwarding of applications generated from the expert network within 30 days of receipt of the basic fee. A minimum number of applications is not guaranteed.
b. “Premium” module
- Creation of the official position description
- Candidate recommendation through network and internal profile pool
- Forwarding of applications generated from the expert network within 30 days of receipt of the basic fee. A minimum number of applications is not guaranteed.
- Organisation and execution of candidate interviews
- Pre-selection and evaluation of candidates through personal interviews
- Reference checks (upon request)
3.2. Candidate Platform
The client has access to PAN’s candidate platform to view candidate profiles. The client can express their interest in an interview with one or more of the candidates presented there by email. Upon receipt of the client’s request, PAN will contact the respective candidate to obtain their consent for the disclosure of their CV and contact details. PAN is obliged to inform the client about the candidate’s consent or non-consent and, in case of consent, to transmit the CV provided by the candidate.
3.3. Executive Search
Our Executive Search services offer customised solutions for the search for executives and specialists in the field of public affairs. For this, we will prepare an individual offer for you upon request. This offer remains non-binding until final order confirmation by us. Executive Search includes the following services:
- Project management: moderation and support of the entire search process, including ongoing updates on project progress
- Position and environmental analysis/briefing: joint determination of factual and personal requirements, definition of the scope of competence and responsibility, and organisational classification of the vacant position
- Target company list/identification: creation of a target company list and discreet identification of suitable candidates
- Market approach: direct contact with identified candidates, assessment of suitability and motivation for an interview while ensuring the anonymity of the client (if required)
- Candidate interviews: preparation, organisation, and execution of in-depth interviews with suitable candidates according to requirements
- Candidate recommendation: analysis of conducted candidate interviews, recommendations for shortlisted candidates and presentation
- Candidate presentation: presentation of selected candidates to the client, advice on hiring decisions and, upon request, obtaining information and references in compliance with applicable data protection regulations
3.4
We clarify that within the scope of our services, we neither provide a placement guarantee nor warrant that the candidate will meet the client’s expectations or achieve specific work results.
4. Prices and Payment Terms
4.1 Basic Fee
Upon receipt of the order confirmation (conclusion of contract), the client owes the respective agreed basic fee.
4.2. Success Fee
If the client is obliged to pay a success fee, the calculation of the success fee is determined as a percentage of the underlying gross annual salary of the placed candidate, including all additional benefits, including special payments and variable salary or remuneration components (e.g. 13th month’s salary, foreign allowances, holiday and/or Christmas bonuses). Performance-related salary or remuneration components are set at their expected value at the time the employment relationship is concluded. In the case of self-employment, the agreed annual target remuneration exclusive of VAT is relevant instead of the gross annual salary. The claim for payment of the success fee arises as soon as an employment relationship is established between the client and the candidate proposed by us. The claim arises even if our activity is only a contributing factor to the establishment of the employment relationship. Termination of the placed candidate before or after the start of employment by the candidate or the client does not affect the claim for the basic and success fee. An employment relationship is understood to mean any employment contract, but also any self-employment service relationship with the client or a company affiliated with the client within the meaning of §15 of the German Stock Corporation Act (AktG), e.g. within the framework of freelance work. The employment relationship is deemed to have been concluded when an employment or other service contract has been concluded between the candidate and the client – at the latest, however, upon commencement of the activity.
The employment relationship is also deemed to have been concluded if:
- (i) the candidate is hired by the client for a position other than that for which they were originally introduced
- (ii) the applicant is hired within 12 months after an unsuccessful placement with the client for the original or another position
- (iii) the client concludes a corresponding contract with the candidate by circumventing the placement by PAN, in particular by involving a third party.
The client undertakes to inform us of the conclusion of the employment contract with a candidate or – if no employment contract was concluded previously – the start of activity within 5 working days, stating all information necessary for the calculation of our success fee, in particular the start of the employment relationship and the amount of the gross annual salary including all additional benefits, in text form (e.g. by email).
4.3. Prices Network Search
4.3.1. “Basic” module
The basic fee for the “Basic” module is EUR 1,000.00 (net). The success fee is 15% of the agreed gross annual salary as defined under 4.2. However, we charge a minimum success fee of EUR 7,500.
4.3.2. “Premium” module
The basic fee for the “Premium” module is EUR 2,500.00 (net). The success fee is 17.5% of the agreed gross annual salary. However, we charge a minimum success fee of EUR 8,750.
4.3.3. Candidate Platform
For the service of transmitting candidate profiles, PAN charges a fee of EUR 480 per forwarded CV. These fees are calculated collectively at the end of each quarter. The fee is due within 14 days of receipt of the invoice. If the client hires one of the referred candidates within 12 months after forwarding the respective CV, they owe PAN a placement fee according to Section 4.2 of the GTC.
4.3.4. Executive Search
The commissioning is subject to the conditions of our individually prepared offer. With regard to an agreed success fee, the provisions in Section 4.2 of these GTC apply.
4.4. Default
The client is in default if they do not make payment within 14 days of the due date and receipt of an invoice (payment receipt by us).
4.5. Value Added Tax (VAT)
All information regarding the agreed remuneration is net. The statutory Value Added Tax is to be paid by the client to us in addition to the agreed remuneration, if applicable.
5. Contract Duration, Termination
The contract can be terminated by the client or PAN without notice or by stating reasons in text form pursuant to §126a BGB (German Civil Code). In the event of termination by the client, the basic fee will not be refunded. Insofar as we have already rendered placement services at the time of termination, the termination has no effect on our claim for remuneration for the placement services already rendered.
6. Limitation of Liability
6.1
We shall pay damages, irrespective of the legal grounds, exclusively in accordance with the principles set out below.
6.2
PAN shall be liable without limitation for damages resulting from a breach of duty in cases of intent and gross negligence.
6.3
In cases of slight negligence, PAN’s liability for property and financial damages is limited to 100% of the respective net remuneration per infringement. The client’s claims for damages shall become time-barred after 24 months.
6.4
The aforementioned restrictions and limitations do not apply (a) to damages to life, body and health, (b) in the event of a culpable breach of essential contractual obligations, whereby liability in these cases is limited to the foreseeable and typical damages at the time the contract was concluded, or (c) in the event of assuming a guarantee for the quality or existence of a service success. Essential contractual obligations are those whose fulfilment characterises the contract and on which the client may rely.
7. Confidentiality
The parties undertake to maintain secrecy regarding all business and trade secrets that become known to them during the term of the contract, in particular the content and conditions of the contract. The obligation of confidentiality also extends to information that is not expressly designated as confidential by the other party. Furthermore, the parties undertake to treat confidentially any documents or data or other non-public information obtained in connection with the performance of this contract towards third parties. The obligation of confidentiality does not extend to knowledge that is generally accessible or whose disclosure is demonstrably not disadvantageous to either party. The obligation of confidentiality does not apply if a party is legally obliged to provide information or if the information is required for legal reasons vis-à-vis authorities or for the assertion of legal claims vis-à-vis courts. The obligation of confidentiality shall also continue after the termination of the contract.
8. Data Protection
The client and PAN are each responsible for their respective activities under this contract and the handling of candidate data in the sense of Art. 26 GDPR. They will therefore process personal data of applicants only in compliance with their respective obligations. In particular, the client will process candidate data transmitted by us only for the purpose of executing this contract and the potential establishment of the respective employment relationship. After completion of the placement activity, the client shall return the documents received from PAN and delete the personal data of the candidates made accessible to them, unless legal retention obligations prevent this. The client shall provide PAN with all necessary information required for the job placement. We will treat this information confidentially and use it only within the scope of the specific assignment. After termination of this contract, the respective data will be deleted and the documents we received from the client will be returned.
9. Intellectual Property
All content provided for the performance of the contract is protected by copyright. The client grants us the right to use all trademarks, logos, names or other business designations of the client without restriction within the scope of the services to be rendered. Deviations from this require a separate agreement.
10. Final Provisions
10.1 Conflicting General Terms and Conditions
Conflicting, supplementary or deviating terms and conditions of the client are not recognised unless otherwise agreed in writing. We hereby expressly object to the inclusion of the client’s General Terms and Conditions.
10.2 Severability Clause
Should any provision of this contract be or become invalid or unenforceable, the validity of the remainder of the contract shall not be affected thereby. The parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible economically to the invalid or unenforceable provision. The same applies in the case of a loophole.
10.3 Agreement on Place of Jurisdiction
The exclusive place of jurisdiction for all disputes between the parties arising from or in connection with this contract is Berlin. The exclusive place of jurisdiction for all disputes between the parties arising from or in connection with this contract is Berlin.