Status: 2024-09-08
General Terms and Conditions for the use of hirXpert by business customers
Preamble
The offer to provide hirXpert and any additional services is aimed exclusively at business customers. The contract is concluded with FIMAD GmbH, Siebenhäusergasse 7, 35423 Lich. Further contact details, the commercial register data and the names of authorised representatives of FIMAD GmbH can be found in the legal notice at www.hirxpert.com and the legal notice on the FIMAD GmbH website.
hirXpert is a job search engine and at the same time a social network, which searches various other job exchanges and job directories as a meta search engine and displays them collectively.
1. Applicability of these terms and conditions, definitions
1. These terms and conditions apply only to companies within the meaning of § 14 BGB, legal entities under public law or special funds under public law. They apply not only to the contractual relationship in which they are or have been included, but also to all future business relationships between FIMAD GmbH and the respective contractual partner, unless FIMAD GmbH refers to other terms and conditions. The contractual partners of FIMAD GmbH are hereinafter referred to as ‘customers’.
2. Deviating or supplementary terms and conditions of the customer shall not become part of the contract, even if FIMAD GmbH is aware of them, unless FIMAD GmbH expressly agrees to their validity. These terms and conditions also apply if FIMAD GmbH performs the service without reservation in the knowledge of deviating or additional terms and conditions of the customer.
3. These terms and conditions become part of the contract upon utilisation of the services by the customer.
2. Conclusion of contract
1. The offers of FIMAD GmbH do not constitute offers to conclude a contract. By accepting an offer from FIMAD GmbH, the customer makes a binding declaration that he wishes to make use of the services described in the offer and thereby submits an offer to conclude the contract. FIMAD GmbH is authorised to accept the contract offer submitted by the customer. Acceptance can be declared either expressly or by starting to process the order.
2. Only the information in the offer shall be deemed agreed as the content of the service. Any descriptions, statements, recommendations or advertising that deviate from this shall not be part of the contractual service.
3. Subject matter of the contract
1. FIMAD GmbH supports the customer in the recruitment of labour. The customer communicates to FIMAD GmbH his specific requirements for the labour force sought, in particular the qualifications required. The customer is responsible for the search for qualified specialists – depending on the service, the customer can publish job advertisements, which may be subject to a fee. The scope of services is regulated by the contract concluded between FIMAD GmbH and the customer.
2. FIMAD GmbH only provides the customer with data and / or information from applicants insofar as these do not violate legal regulations or these GTC, are abusive or offend common decency or their transmission is unreasonable for FIMAD GmbH for other reasons.
4. Qualification, availability of applicants
1. FIMAD GmbH assumes no responsibility for the content, data and / or information provided by hirXpert registrants or other third parties in the context of the search for suitable applicants. In particular, FIMAD GmbH does not guarantee that this content is true, fulfils a specific purpose or can serve such a purpose. FIMAD GmbH assumes neither a guarantee nor a warranty for the actual suitability of applicants for use by the customer or their actual availability for the customer.
2. If the candidates searched for in the hirXpert network are not available or not suitable from the client’s point of view, FIMAD GmbH is not obliged to provide corresponding services.
5. Employment of the applicant by the client
FIMAD GmbH assumes no liability for the fact that a contact and / or a contract between the customer and the proposed applicant is or is not realised. FIMAD GmbH does not participate in the content of the customer’s communication with third parties. If the customer concludes contracts with one or more of the proposed applicants, FIMAD GmbH does not become a contractual partner and is not involved in the contract in any other way. The customer is solely responsible for the processing and fulfilment of the contracts concluded with the applicant or third parties. FIMAD GmbH is not responsible for the fulfilment of contractual obligations or for breaches of duty by applicants within the framework of the contracts concluded between them and the customer.
6. Remuneration and invoicing
1. The agreed fees are charged for the services of FIMAD GmbH, regardless of whether and how many applicants the customer finds. All fees are net prices plus VAT. Fees and invoicing are made exclusively in euros, even if the customer is based in a country outside the euro zone. If the customer is not domiciled in the Federal Republic of Germany, but in another member state of the European Union, the statutory provisions apply with regard to the VAT liability of the services of FIMAD GmbH. The same applies if the customer is domiciled in a country outside the European Union.
2. Fees are due immediately upon ordering the respective service. The customer shall be in default upon receipt of the invoice.
3.If the customer does not pay the remuneration owed in the event of default, FIMAD GmbH remains entitled to send the customer a reminder and to charge reasonable fees for each reminder. The assertion of further damages caused by delay remains unaffected.
4. FIMAD GmbH may refuse performance if payment is not made on time. If the customer does not pay within two weeks after conclusion of the contract, FIMAD GmbH can withdraw from the contract.
7. Term of the contract, cancellation
1. The term of the contract depends on the respective underlying order. The contract ends at the latest with the complete provision of services by FIMAD GmbH, without the need for cancellation.
2. If the subject of the contract is a large number of services (so-called contingent contract) and the customer does not call up certain services by the end of the contract term, these services shall lapse.
3. The right to terminate for good cause remains unaffected. Good cause shall include in particular
a) the breach of material contractual obligations by the other party if the breach is not remedied despite a reminder and the setting of a reasonable deadline; the reminder and setting of a deadline are dispensable if they are unreasonable for the contractual partner of the breaching party;
b) the customer’s breach of his obligations if FIMAD GmbH cannot reasonably be expected to continue working with him;
c) in the event of a delay in payment of more than € 1,000.00 by more than 30 days; or
d) the application for the opening of insolvency proceedings, the opening of insolvency proceedings or the refusal to open insolvency proceedings for lack of assets.
This only applies if the reason lies in the person of the respective other contractual partner.
4. Cancellations must be made in writing (fax, letter or registered letter) or with an electronically valid signature.
8. Naming the customer as a reference
The customer authorises FIMAD GmbH to refer to its activities for the customer in a customary and appropriate manner for the purpose of self-promotion (in particular on the FIMAD GmbH website). If the customer does not wish this, he has to inform FIMAD GmbH immediately.
9. liability
1. The parties shall be liable without limitation in the event of intent or gross negligence for all damage caused in connection with the provision of the contractual services.
2. In the event of slight negligence, the liability of the parties shall be limited to injury to life, limb or health.
3. Insofar as the liability of the parties is excluded or limited in accordance with the aforementioned provisions, this shall also apply to vicarious agents of the parties.
4. The parties shall not be liable if the breach of contractual obligations is due to circumstances for which the respective contractual partner is not responsible. This applies in particular to cases of force majeure.
10. Other
1. If the customer receives access data from FIMAD GmbH, he is obliged to keep them secret from third parties. In particular, the customer shall store user names and passwords in such a way that they cannot be accessed by third parties. The customer is obliged to inform FIMAD GmbH immediately as soon as he becomes aware that the password is known to third parties. The customer must ensure that the users employed by him keep their access data secret from third parties. The above sentences do not apply if the third party is authorised.
2. The customer shall inform FIMAD GmbH immediately as soon as there are any significant changes in his status that may be relevant to the contractual relationship.
3. The parties have not made any deviating agreements that are not recorded in writing. Earlier agreements between the parties on the subject matter of the contract are invalid.
4. Should individual provisions of these terms and conditions be or become wholly or partially void, ineffective or unenforceable, or should a necessary provision not be included, the effectiveness and enforceability of all other provisions of these terms and conditions shall remain unaffected.
5. A contracting party shall only be entitled to exercise a right of retention or set-off to the extent that the underlying counterclaim has been recognised by declaratory judgement or is not disputed.
6. The assignment of rights and obligations arising from this contract or the contract as a whole to a third party by the customer requires the prior consent of FIMAD GmbH.
7. FIMAD GmbH may use subcontractors. In this case, FIMAD GmbH remains responsible for the fulfilment of the obligations assumed by the subcontractors. FIMAD GmbH is authorised to transfer rights and obligations in whole or in part to third parties.
8. FIMAD GmbH reserves the right to change these GTC at any time during an ongoing contractual relationship without giving reasons. FIMAD GmbH will inform the customer of changes to the GTC in good time. If the customer does not object to the validity of the new GTC within six weeks of notification, the amended GTC shall be deemed to have been accepted by the customer. FIMAD GmbH will inform the customer in the notification of his right of objection and the significance of the objection period.
9. The customer undertakes not to directly or indirectly entice away any employees of FIMAD GmbH during and for a period of 6 months after termination of the contract. For each case of a violation of the provision in sentence 1, the customer shall pay FIMAD GmbH a contractual penalty in the amount of half a gross annual salary of the employee concerned, who is enticed away by the party concerned in violation of the obligation according to sentence 1, but at least € 25,000.00; the gross annual salary of the employee concerned, which he received in the year before the forfeiture of the contractual penalty, is decisive for the calculation of the contractual penalty.
10. The contract shall be governed solely by the law of the Federal Republic of Germany. Private international law shall not apply insofar as it can be waived.
11. Place of fulfilment and performance is Lich.
12. The sole place of jurisdiction for all disputes in connection with this agreement is Gießen. However, FIMAD GmbH is authorised to initiate legal proceedings at the customer’s general place of jurisdiction.