The following General Terms and Conditions (GTC) apply to the business relationships between AMMOTION GmbH (hereinafter "AMMOTION") and the client (hereinafter "Customer").
Deviating conditions of the Customer are not accepted unless AMMOTION explicitly agrees to them in writing. These GTC also apply to all future business transactions between AMMOTION and the Customer without requiring a renewed reference to the GTC. Any individual agreements with the Customer, on a case-by-case basis, take precedence over these GTC. The content of such agreements is determined by a written contract or written confirmation from AMMOTION.
The parties agree in an individual contract or in writing on the details regarding AMMOTION’s consulting services, fees, and other criteria relevant to the consultation. Verbal agreements between the contracting parties are only valid if confirmed in writing. The Customer undertakes to provide AMMOTION with all necessary data or information for the execution of the assignment, such as job descriptions, requirement profiles, or information on the company structure.
The final review of a candidate’s suitability, including checking references, certificates, and other qualifications, is the Customer’s responsibility. Additionally, the Customer agrees to notify AMMOTION in writing within 14 calendar days if an employment contract or other employment relationship is established between the Customer (or an affiliated company) and a candidate introduced by AMMOTION. The Customer will provide AMMOTION with written information about the compensation arrangement agreed with the candidate.
If no separate fee agreement is made between the Customer and AMMOTION and the Customer enters into a contract for permanent employment or another employment relationship with a candidate proposed by AMMOTION, the fee will be one-third of the candidate’s gross annual salary as agreed in the contract with the proposed candidate. The gross annual salary includes all components of remuneration, particularly both fixed and variable components. The calculation basis is the expected gross annual salary within the first 12 months at 100% target achievement by the candidate. For employment relationships other than permanent contracts, the gross salary is calculated based on the normally expected or usual compensation.
The claim for the fee arises even if:
1) The candidate concludes an employment contract or other employment relationship with the Customer (or an affiliated company) within 12 months of AMMOTION’s proposal, or
2) The Customer initially rejects a candidate, or the candidate decides against the contract with the Customer but a contract is subsequently concluded between the Customer and the candidate within 12 months of the presentation.
The fee claim is valid regardless of whether AMMOTION received written confirmation from the Customer regarding document submission, introduction, or contact establishment.
Unless otherwise agreed, if the project ends prematurely or is terminated by the client, or in case of any unexpected project end, 50% of the next following fee level will be charged.
4 Payment Due Date
Invoices are payable upon receipt without deduction. The fees or prices listed in the invoices are subject to statutory VAT.
5 Replacement Efforts
If a candidate introduced by AMMOTION for permanent employment with the Customer resigns or the Customer terminates the candidate within six months of starting work, AMMOTION will endeavor to find a replacement for the agreed position. AMMOTION cannot guarantee the successful placement of a replacement candidate. AMMOTION commits to undertaking replacement efforts even if the candidate fails to start the employment relationship. These replacement efforts will be undertaken by AMMOTION for up to six months after termination.
If a proactive introduction of a candidate without a written individual contract results in a contractual relationship between the candidate and the Customer (or an affiliated company), AMMOTION will not undertake replacement efforts.
6 Data Protection
AMMOTION agrees to maintain confidentiality regarding all information disclosed in the context of the contractual relationship. Likewise, the Customer is obliged to maintain confidentiality regarding all information about AMMOTION disclosed in the context of the contractual relationship.
7 Liability
AMMOTION excludes any liability for damages to the Customer. This limitation of liability does not apply to damages resulting from injury to life, body, or health if these damages are due to negligent duty violations by AMMOTION or intentional or negligent duty violations by its legal representatives and vicarious agents. Liability for other damages is also excluded unless they result from grossly negligent duty violations by AMMOTION or intentional or grossly negligent duty violations by its legal representatives and vicarious agents. AMMOTION makes no guarantees regarding the suitability of the referred candidates, especially in terms of reference and qualification verification, which is the Customer’s responsibility as per Clause 2.
8 Guarantee for Direct/Executive Search
Should the client separate from one of our candidates, due to behavioral or personal reasons, within the first six months, we will recommence the search for a candidate for the vacant position (with no change to the search profile as outlined in the briefing protocol) without charging a fee. Only actual incurred costs, such as incidental and communication expenses, online advertisement costs, and consultant and candidate expenses, will be billed.
This guarantee arrangement does not apply if the termination or other conclusion is due to a contractual breach by the client or if the client subsequently changes the contractual terms for the sought-after candidate’s detriment. The guarantee also does not apply to "Active Sourcing" projects or purely advertisement-based searches, as personal qualification of candidates is not part of our service.
If no replacement candidate is found within six months of the candidate’s departure, we will consider the project completed.
9 Final Provisions
The law of the Federal Republic of Germany applies exclusively to contracts between AMMOTION and the Customer. The place of jurisdiction for all disputes arising from or in connection with the contract and its fulfillment is Dresden. Should any provision of this contract be invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision with a valid regulation that comes as close as possible to the invalid provision.