General Provisions
Art. 1.1
These General Terms and Conditions apply to all quotations, contracts and agreements of Maze- International, a private company with limited liability, hereinafter referred to as Maze-International, in terms of recruitment and executive search. These General Terms and Conditions also apply to all other agreements with Maze-International.
Art. 1.2
Conditions and agreements that vary from these General Terms and Conditions are only valid insofar as they are confirmed in writing by Maze-International. In the case of conflict between the General Terms and Conditions of Maze-International and the general terms and conditions and/or purchase conditions of the client, the General Terms and Conditions of Maze- International will be exclusively valid unless this is expressly written and incidentally agreed otherwise and confirmed by authorized employees of Maze-International for this purpose.
Art. 1.3
The laws of Germany shall apply to all relations between Maze-International, the client and the candidates.
2. Quotations and contracts
Art. 2.1
All Maze-International quotations and offers are without obligation.
Art. 2.2
Quotations created by Maze-International and signed by the client will be resulting into a legally binding contract. The quotation contains a description of the tasks that will be performed, the working procedure to be used, the fee and manner of invoicing.
Art. 2.3
The quotation is given to the client in a digital format two copies. Approval by the client is demonstrated by signing the quotation or from actions of the client which show approval.
Art. 2.4
Additional costs such as advertising, travel, accommodation and research shall be borne by the client, but only to the extent that these costs are approved in advance by the client. In Germany the travel reimbursement is set on 0,30 euro per kilometer.
Art. 2.5
The amounts mentioned in quotations and agreements are exclusive of VAT.
3. Recruitment, executive search
Art. 3.1
A procedure for recruitment or executive search starts on the date the client has signed the quotation document. Procedures are only carried out on the basis of exclusivity.
Art. 3.2
When entering into a procedure in the field of recruitment Maze-International sends an invoice in accordance with the payment model below: -> 1/3 of the agreed total fee at the start, with a minimum of € 5.000,=. -> 1/3 of the agreed total fee upon acceptance by the client of the candidate presented by Maze- International. -> The final settlement consisting of the agreed total fee minus the two advance payments already invoiced upon starting the search process.
Art. 3.3
Presentation of candidates to the client will take place to the best of Maze-International ‘s knowledge and ability, whereby Maze-International assumes that information provided by candidates or references is correct.
Art. 3.4
Gathering references for candidates by Maze-International or the client shall take place only with the consent of the candidate.
Art. 3.5
After signing of the employment agreement by the candidate, the client shall owe a fee agreed upon in the signed quotation. If the client accepts several of the candidates presented by Maze-International, the client shall owe the full fee for each candidate unless differently defined in the signed quotation.
Art. 3.6
The fee is calculated on the gross annual salary, including all taxable income components. If the gross annual salary of the candidate is dependent on achieving personal sales or marketing targets, then it is assumed that these targets will be achieved when determining the fee based on the gross annual salary. If a company car is part of the working conditions, but the exact tax value cannot yet be determined at the commencement of employment, an amount of € 6.000,= euro will be added to the salary.
Art. 3.7
A procedure for recruitment & executive search shall end at the signing of the employment agreement by the candidate selected by Maze-International or when Maze-International has carried out all the work specified in the quotation irrespective of the result.
Art. 3.8
The fee mentioned in Articles 3.5 and 3.6 is also payable by the client if an employment agreement is still concluded with a candidate proposed by Maze-International and who was initially unsuccessful, within 24 months after the presentation of the candidate.
Art. 3.9
In the case of premature termination of the contract by the client, the full expected fee payable by the client that is outstanding at that time, will be charged in full and once-only minus the advance payments already invoiced.
Art. 3.10
If the client wishes to continue the same contract within a period of three months after the situation mentioned in Article 3.9 Maze-International shall apply the invoicing model mentioned in Article 3.2 whereby the first advance payment shall lapse.
Art. 3.11
In the case of interim changes in the job profile by the client, Maze-International reserves the right to charge an additional advance payment of the same amount as the first advance payment with a minimum of € 5.000,= per vacancy.
4. Payment terms
Art. 4.1
Invoices must be paid within 10 days after the invoice date. Only payments to Maze-International discharge this obligation, unless otherwise agreed. Maze-International reserves the right to require advance payment.
Art. 4.2
Complaints about invoices must be submitted in writing to Maze-International within one week after receipt of the invoice.
Art. 4.3
If an invoice of Maze-International is not paid within the prescribed period, 1.5% interest shall be charged per calendar month on the outstanding amount plus an administrational charge of € 40,=, where the current month is considered a full month. A notice of default is not required.
Art. 4.4
All costs of collection, at law or otherwise (including the costs of legal assistance for Maze-International) will be charged to the client.
5. Professionalism and liability
Art. 5.1
Both during and after termination of a procedure, the employees of Maze-International and clients are bound to maintain the confidentiality of any data and assessment results with respect to each other, for which it is reasonably foreseeable that disclosure of such may cause harm to the parties.
Art. 5.2
Procedures are carried out with the help of professional instruments and in a manner which may be expected of a professional company equipped with standard professional knowledge.
Art. 5.3
In the case of contracts in the field of recruitment and executive search, the general rules of conduct also apply to Maze-International.
Art. 5.4
The client is responsible for deciding whether or not to take the advice given by Maze-International or whether or not to appoint a candidate presented by Maze-International. Maze-International cannot be held responsible for the consequences of taking or not taking advice or accepting or not accepting assessment results.
Art. 5.5
There is only attributable failure on the part of Maze-International if it has made errors or has been negligent when fulfilling its obligations which a company equipped with standard professional knowledge should have avoided by acting with due care, but only insofar as there is deliberate intent or gross negligence on the part of MAZE-INTERNATIONAL.
Art. 5.6
In the case of an attributable failure in the fulfillment of its obligations as stated in Article 5.5, the liability of Maze-International is in all cases limited to a maximum of € 5,000 excluding VAT.
General Terms and Conditions Maze-International 2021