General Terms and Conditions (GTC) for Personnel Placement
Unless another written agreement has been made in individual cases, the following General Terms and Conditions of GULP Solution Services GmbH & Co. KG (hereinafter referred to as "GULP") apply exclusively. They apply to all recruitment contracts and all other personnel services. Terms and conditions of the customer that deviate from these are deemed to have been rejected and are excluded.
In the case of contracts for personnel placement, the client recognizes the causal consulting, search and placement activity of GULP.
- Data on positions to be filled and on applicants are only collected, processed and used to the extent necessary for project development.The client undertakes not to use the data and information provided to him for purposes other than intended or to pass them on to third parties. The parties mutually undertake to comply with the legal provisions on data protection and ensure compliance with them. The above obligations continue to exist even after the end of the cooperation.
The information provided by GULP on an applicant is based on information provided by the applicant himself or on information provided by third parties. GULP can therefore not assume any liability for the correctness and completeness of the information.
- GULP does not guarantee that the job will be filled and does not guarantee that the applicant will meet the expectations set by the client or achieve specific work results. A guarantee for the work of the mediated applicant is excluded.
- For the rest, the liability of GULP is based on the statutory provisions. Liable for damage caused by negligence GULP only in the event of a breach of an essential contractual obligation, but the amount is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded. This does not apply to bodily injury/death. Liability on the part of GULP for indirect damage and consequential damage is excluded to the extent permitted by law.
- Insofar as a claim is made against GULP by an applicant due to violations of the AGG for which the customer is responsible, the customer indemnifies GULP from all claims in this regard, including legal costs.
- If an applicant presented by GULP has already applied to the client at an earlier point in time or at the same time, the client is obliged to inform GULP of this within 3 working days. In this case, GULP will not provide any further services in relation to this applicant. However, the client can instruct GULP to continue working on this applicant. If the client does not inform GULP within 3 working days about the previous or parallel application of the presented applicant, he is liable for the damage that GULP has suffered because GULP has continued to work due to lack of timely notification.
- A recruitment agency contract can be terminated by either party at any time without notice. The time of termination is the inbox at GULP or at the client (receipt stamp). If an employment relationship is established between the client and an applicant suggested by GULP after termination of the recruitment contract, the fee is still due in full. The costs incurred up to the time of termination from all other agreed and provided services are also to be reimbursed to GULP without deduction; this provision also expressly applies to advertisements that have already been commissioned but not yet published.
- Unless otherwise agreed, GULP's claim to a placement fee (last installment) is based on the conclusion of a valid employment contract between the employer and the applicant. It is irrelevant whether the applicant actually has the qualifications described in the requirement profile. If one of the two parties terminates the employment contract before the start of work or if the applicant does not start work, GULP's claim to the fee and reimbursement of the costs from all other agreed and provided services shall still exist.
- The client undertakes to notify GULP in writing of the conclusion of an employment contract with an applicant proposed and/or assessed by GULP within 5 days of the contract being signed (copy of the employment contract).
- If the employment contract is concluded under conditions other than those offered, or if it is concluded with another applicant proposed and/or assessed by GULP, or if an applicant is provided for a job that differs from the job description, this does not affect GULP's fee claim.
- The invoice amount is due without deduction upon receipt of the invoice and is payable within 8 days of receipt of the invoice, whereby receipt of payment by GULP is decisive. If payment is not made on time, the client is in default even without a reminder.
- Applicants and other persons presented at job interviews are not entitled to accept fees or monetary payments to which GULP is entitled through the processing of the order.
- Costs incurred by applicants in connection with job interviews at GULP or with the client are to be reimbursed by the client at the request of the applicant in accordance with the statutory regulations.
- Verbal ancillary agreements do not exist at the time the contract is concluded. All changes and supplements to the contract must be in writing; verbal or telephone promises must also be confirmed in writing in order to be effective.
- German law applies to the exclusion of German international private law. Place of jurisdiction for disputes arising from the contract is Cologne. This expressly also applies to disputes in document, bill of exchange and check procedures.
- Should a provision of the contract or the general terms and conditions be or become incomplete or ineffective, the validity of the contract and the remaining provisions shall not be affected thereby.