1.1 The management consultancy Cremanski & Company GmbH (hereinafter referred to as "Contractor" or "Contractor") advises its clients (hereinafter referred to as "Client" or "AG" as well as "Client") in the search for and selection of candidates to fill management and specialist positions. Furthermore, the Contractor provides interim management for companies. By concluding a project-related contract with reference to these General Terms and Conditions (hereinafter referred to as "GTC"), the Client commissions exclusive recruiting via Cremanski & Company GmbH.
1.2 These GTC exclusively govern the contractual relationship with clients who are entrepreneurs, legal entities under public law or special funds under public law within the meaning of the law. The contractual relationship with clients who are end consumers shall not be affected thereby.
1.3 The Client acknowledges the validity of these GTC by placing the order, at the latest, however, upon acceptance of the service of Cremanski & Company GmbH. These GTC shall apply to all - including future - contracts of the client with Cremanski & Company GmbH, even if these GTC are not expressly referred to again. The agreement of the client's GTC is excluded. Individual ancillary agreements, changes or additions to the terms of the contract that conflict with these GTC require a written agreement with Cremanski & Company GmbH.
1.4 The details of the scope of duties and the personal and professional requirements profile shall be agreed between Cremanski & Company GmbH and the searching company and should be provided by the client to Cremanski & Company GmbH in the form of a position description.
1.5 In the case of "executive search consulting assignments", the client acknowledges the exclusive search and selection activities of Cremanski & Company GmbH and their causality for new hires or recruitments (if there is already cooperation with personnel service providers, this must be renegotiated on an individual basis).
1.6 In order to promote an optimal course of the project, the client participates in the search process. The client can positively influence the course of the project by providing detailed descriptions of the skills and prompt and detailed feedback on candidates and profiles.
2.1 Unless otherwise defined in the project contract, the Contractor's fee for the "Executive Search" shall amount to 25% of the annual gross income (including additional benefits such as 13th or 14th salary or bonus payments; a company car shall be valued at a flat rate of 10,000 euros as a salary component) of the position to be filled. The contractor already defines this when placing the order in order to avoid corrections during the course of the project. The amount of the fee depends on the expected degree of difficulty and is calculated by the Contractor in each individual case. If the fee has not been calculated by the Contractor in the individual case, 25% of the annual gross income, including the variable components of the employee, shall be deemed to have been agreed. Unless otherwise defined in the project contract, the fee shall be due according to the progress of the project and the workload incurred. One third is payable to Cremanski & Company when the client places the order, another third when the candidate(s) is/are presented, and the final third when the candidate signs the employment contract with the client. For years not fully completed, the average monthly income is extrapolated to a full year.
2.2 If a candidate presented by Cremanski & Company GmbH is hired or otherwise employed by the client within 24 months of the candidate's presentation, the client shall pay a consulting fee in the amount of 25% of the gross annual salary including the variable components of the hired candidate, unless otherwise defined in the project contract. For this reason, the client also undertakes to inform Cremanski & Company GmbH, without being asked, about the hiring or employment of the candidate. The above fee shall also be paid by the Principal if interim managers or employees are hired or otherwise employed in a project of the Principal within 24 months after its termination.
If a candidate proposed by the Contractor has already applied to the Principal, the Principal shall be obliged to inform the Contractor thereof within 5 working days after the date of receipt of the proposal. If the Client fails to do so, the Contractor shall be entitled to the agreed fee upon conclusion of an employment contract.
2.3 If the client refers a candidate presented by Cremanski & Company GmbH to another company and/or if the candidate is employed by an affiliated company within the meaning of §15 et seq. of the German Stock Corporation Act (AktG), the client shall be obliged to pay the agreed fee. If the candidate is employed by an affiliated company within the meaning of §15 ff. of the German Stock Corporation Act, the client is obligated to pay the fee and the Contractor shall treat the case in the fee statement as if the candidate had been hired directly by the client.
2.4 The Contractor is happy to agree with the Client on a project-related replacement if a candidate presented by the Contractor leaves the company within the probationary period and the Contractor has confirmed this in writing when the order was placed. Cremanski & Company GmbH will then start the search process again free of charge to enable the position to be filled again. In order to refill the position, the client must immediately, at the latest within 2 weeks after termination of the employment relationship, request the contractor in writing to refill the position; a subsequent refill will be considered as a newly awarded contract. The Contractor shall not be required to make a subsequent filling if the task content of the position to be newly filled changes or if a modified candidate profile is sought. A backfill by the Contractor shall be deemed to have been fulfilled if the Client signs a contract with a candidate presented by the Contractor during the backfill search or if the Contractor has made at least 100 potential candidate approaches. The subsequent filling of a position that has already been filled is excluded. Likewise, offsetting against open fees is excluded.
2.5 If a candidate presented by the Contractor on his/her own initiative, for whose search the Contractor did not have an order, is hired, the Client shall be obligated, unless otherwise agreed in writing, to pay a one-time lump-sum fee in the amount of 25% of the annual gross income including the variable components.
2.6 Job advertisements and aptitude diagnostic tests shall be offered and invoiced separately by the Contractor.
2.7 Invoices shall be due for payment immediately upon receipt by the Principal. The Client shall be granted a payment period of 10 calendar days. All fees and prices of the Contractor are net prices. The Contractor shall invoice the statutory value added tax separately. Interest on arrears shall be 8% above the prime rate of the European Central Bank.
2.8 . The assignment is terminated if a candidate is hired, the client no longer wishes to fill the position or terminates the contract, or if Cremanski & Company has presented at least six candidates and all have been rejected by the client. Furthermore, Cremanski & Company is entitled to terminate the processing of the assignment at any time without notice. In the event of project termination, the fee is due in accordance with the progress of the project at the time of termination. Services already paid by the Client are not to be reimbursed by the Contractor. Irrespective of a termination of the contract, the fee shall be due immediately on the basis of at least 25% of the gross annual salary if a candidate presented by the Contractor is hired or otherwise employed by the Principal within 24 months after termination.
2.9 The Principal undertakes to provide the Contractor with qualified feedback on candidate profiles within 5 working days of presentation by the Contractor as part of the promotion of an optimal project process. For interviews that have already taken place between the Client and the candidates, this feedback must be provided within 2 working days. The Contractor may request the feedback from the Client in writing (e.g. by email) with a deadline of at least five additional working days. If no feedback is provided within the deadline, the Contractor shall be entitled to terminate the contract without notice and to charge 50% of the expected fee (25% of the gross annual income incl. variable components). The fee shall then be deemed due and earned.
If a commissioned search assignment is filled by the Client on its own initiative, the Client undertakes to inform the Contractor of this immediately, but within 24 hours at the latest (by email), in order to avoid a waste of resources. If such information does not take place, the Contractor shall have the right to charge 50% of the expected fee.
2.10. The travel and entertainment expenses of the consultants of Cremanski & Company GmbH and of the candidates to the interview and presentation dates shall initially only be paid in advance by the Contractor and further charged to the Client. By combining travel for different assignments, the Contractor shall attempt to keep the pro rata costs for the Client as low as possible or must be approved by the Client in writing in advance.
3.1 Cremanski & Company GmbH does not assume any warranty or liability for the fact that a selected or recommended candidate - whether permanent, part-time or interim manager - does not meet the expectations set by the client or does not achieve certain results. Cremanski & Company GmbH also does not assume any warranty or liability for the information provided or documents submitted by the candidate, such as certificate, work permit, resume, etc..
3.2 Cremanski & Company GmbH is free from any warranty or liability claims that result directly or indirectly for the client from the work of the candidate presented by the contractor. The client must take out its own insurance for any liability claims against the candidate.
3.3 Cremanski & Company GmbH shall be liable for its own culpability in accordance with the statutory provisions for damages due to intent, gross negligence and mandatory statutory liability grounds. Cremanski & Company GmbH shall also be liable for its own fault in the event of injury to life, body and health in accordance with the statutory provisions.
3.4 Cremanski & Company GmbH is also liable for its vicarious agents or legal representatives in accordance with the above provisions. Any liability claims against the candidate shall be asserted exclusively against the candidate.
3.5 Any liability beyond that specified in Sections 3.1 to 3.4 is excluded.
4.1 The client agrees that confidential information and data will be electronically processed and stored by Cremanski & Company GmbH within the framework of the contractual relationship. The data will not be disclosed to third parties without authorization. The transmission of client data to companies commissioned by Cremanski & Company GmbH for the purpose of contract processing and billing, such as researchers, freelance consultants or the candidates approached, is expressly considered authorized.
4.2 Cremanski & Company GmbH undertakes to treat as confidential all information that becomes known to it during the cooperation with the client.
Candidate information and submitted documents are to be treated as strictly confidential in accordance with BDSG §27/28 and are not to be disclosed to third parties.
4.3 The client agrees to the risk that during the transmission of data on the Internet for all participants, according to the current state of technology, it cannot be excluded that unauthorized persons gain access to the transmitted data during the transmission process. Should the Principal desire confidential communication, he shall inform the Contractor of this within the scope of the order placement.
4.4 The Client is not permitted to contact former or current employers of the candidate without the candidate's consent.
Subsidiary agreements must be made in writing; verbal or telephone commitments should also be confirmed in writing in order to be effective.
If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the place of business of Cremanski & Company GmbH in Berlin is agreed as the exclusive place of jurisdiction. The same applies if the customer has no general place of jurisdiction in Germany. If the customer is a consumer or not one of the aforementioned persons, the statutory provisions on the place of jurisdiction shall apply. German law shall apply. In the event of linguistic ambiguities with regard to translations of the homepage and the GTC or in the event of other cases of doubt and problems of interpretation, the German version of the text shall be the last binding version.
During the entire duration of the active business relationship, the Principal shall enjoy comprehensive customer protection, which means that the Contractor shall not poach any employees from the Principal.
Should any provision of the contract or of the General Terms and Conditions be or become incomplete or invalid, the validity of the contract and of the remaining provisions shall not be affected thereby. In such a case, a provision shall be deemed to have been agreed upon that comes closest to the expressed intent of the contract in a permissible manner.
Cremanski & Company GmbH
Linienstrasse 145, 10115 Berlin
+49 30 31192557