General contracting conditions

1. Definitions

The following definitions will be applicable to these general contracting conditions:

  • Business Service Agentur (hereinafter BSA) refers to the company Business Service Agentur/Owner of the company: Monika Lenk
  • “Candidate” refers to the person that BSA facilitates/recruits for the client to contract.
  • “Client” refers to the individuals or legal entities, as well as subsidiary companies and mother company of the business group that uses BSA’s staff recruitment services. This is normally the entrepreneur.
  • “Employment” means the full-time or part-time contracting, employment or use of the candidate by the client based on a work contract.
  • To simplify matters, we will hereafter use the word “he” to refer to men and women, both singular and plural, except when the context requires otherwise.

The titles in these general contracting conditions are easy to use and do not affect their interpretation.

2. General information

  • BSA’s activities include recruiting and finding private employment for people.
  • BSA provides its clients with candidates, according to the specific requirements of each respective client. The client provides BSA with all the necessary documents, or the necessary information for recruiting candidates. BSA offers candidates a job, in keeping with the requirements and specific conditions of the respective candidate.
  • Compliance with the offer and BSA’s performance is exclusively carried out based on these contracting conditions. This is applied to contractual relations until their complete development between BSA and the contracting parties.
  • In the case of an initial business contact between client/candidates and BSA, the agreements reached will be recorded in writing. The verbal agreements between the contracting parties will be subject to being stated in writing to become valid.
  • The parties agree on the details of each contract with respect to the area of functions, the personal and professional requirements and other criteria relevant for the mediation.
  • BSA considers a successful contractual relationship for a candidate or client to be when the candidate recruitment or the job placement is satisfactory.
  • The client must immediately inform BSA when a selected candidate has been successfully employed.
  • BSA does not assure the success of the mediation.
  • BSA does not take on any guarantee or guarantees for successful mediation or for the later continuation of the mediation within a given period of time.
  • BSA does not take on any liability or guarantee for the selected candidates or for their quality or performance for the efficient carrying out of the job.
  • This is particularly applied in the case of necessary expertise, shortcomings in performance, possible loss of work hours due to illness or absence for other reasons. It is also applicable in the case of minor negligence.
  • Once the working contract has been signed, no liability will be accepted if real productivity is not obtained.
  • BSA may not be held liable for being given incomplete or false information by candidates or by clients.

All the contracting documents provided by clients to BSA will continue to belong to BSA.  These documents and the information contained in them are confidential and must be returned immediately when a working relationship is not reached. Their transfer to third parties and their reproduction is forbidden.

3. Fees for staff recruitment/professional assessment

  • BSA and the clients agree on certain fees depending on the difficulty of the respective staff recruitment tasks. These and other agreements are signed in a framework agreement between the clients and BSA.
  • When a contract is filled in the fees must be paid. The amount of the fees, the payment deadlines and payment methods will vary and will be agreed on in each case in a contractual way.
  • Generally, in the context of contracting staff, there are no recruitment fees for candidates.
  • VAT is not included in the fees shown on the invoice.

4. Data protection

  • BSA provides clients with confidential, specific information about the respective candidates selected. The client must respect the confidentiality and the blockage note of this information. The client is committed not to make any misuse of the candidate’s data or to supply it to third parties. BSA is committed to carrying out each recruitment application maintaining complete confidentiality.
  • Candidates’ documents and certificates that are given to the client by BSA continue to belong to the candidates. All candidates’ documents and certificates must be treated with confidentiality and will be returned in the case of disuse.
  • BSA requests the express agreement of the respective candidate before sending any candidacy documentation. If this consent is not given, the right to transfer the candidacy documents does not exist.
  • Candidates must be aware that their CVs may regularly contain information about sensitive data.
    BSA strongly recommends not providing any information about the following areas in CVs: racial or ethnic origin, political opinions, religious or philosophical convictions, membership of a union or political party, physical or mental health or sex life.
  • The candidate agrees that BSA may file this information and may use it in keeping with the privacy policy if the CV contains information of this kind.
  • Recruiting candidates and placing them in employment inevitably leads to the applicant having access to information about the client; in addition the client will be given information about the candidate.
  • When clients or candidates grant their consent to this, BSA may, in this context, reveal information to third parties (potential clients, candidates).
  • Applicants, as well as clients, declare that they agree with the electronic storage and transfer of information provided to BSA.
  • All the data provided to BSA will be exclusively used by BSA and, on request, will be eliminated in full. The contracting parties agree to treat all the data and information with which they are provided, with respect to the recruitment, confidentially and without disseminating it to third parties. This obligation remains when the duration of the contract comes to an end.

5. Cancellation

  • Clients and candidates have the right to cancel the contract. Contracts must be cancelled in writing. The deadlines are regulated by means of specific agreements and contracts.
  • In the case of a cancellation, the right to receive the fees legally contracted is not excluded.

6. Final provisions

  • If one or more provisions of these contracting conditions are not valid or become invalid due to legal dispositions, the remaining dispositions will continue to be valid. The dispositions that are no longer valid will be replaced by ones that are as near as possible to those permitted. These contracting conditions lose their validity when new contracting conditions are published.
  • Changes and modifications in the agreements reached between BSA and the clients or candidates must be in writing.
  • Contracts are subject to German law.
  • The jurisdiction area of compliance with the contract is, in as far as is legally       permitted, Berlin.
  • Status:  01.03.2013