Terms and Conditions (GTC)
(Stand 31.05.2022)
§ 1 MRB services
MRB Handels GmbH (hereinafter referred to as “MRB”) offers the following services:
a) Customer advice regarding personnel recruitment
b) Placement of candidates for permanent positions
c) Other services related to personnel recruitment, such as coaching and the organization of marketing measures, etc.
§ 2 The definition
1) “Candidate” (m/f/d): a person who is eligible for employment with the client and who was introduced to the customer by MRB
2) “Customer”: the client, who can be a natural or legal person
3) “Third party”: another natural or legal person who is not the client. Third parties are primarily affiliated companies of the customer in accordance with Section 15 AktG.
4) “Introduction”: the transmission of information about a Candidate by the MRB to the Client, regardless of whether the transmission was made by telephone or email
5) “Hiring”: Any type of business relationship that comes into being between the candidate and the customer or a third party through the conclusion of a contract
6) “Remuneration”: the total gross annual salary plus:
a) Expenses
b) guaranteed bonus or profit sharing (if payment is not guaranteed, then the expected average)
c) other payments due upon signature
d) Provision of a company vehicle (the monetary benefit is valued at EUR 5,000) MRB Handels GmbH mail: office@mrb-muenchen.de Leopoldstraße 160 web: www.mrb-recruitment.de D-80804 Munich MRB Handels GmbH | Leopoldstrasse 160 | 80804 Munich office@mrb-muenchen.de | www.mrb-recruitment.de
§ 3 Validity
1) These General Terms and Conditions are part of all future contracts and agreements between MRB and the customer.
2) In the contract, all agreements made between MRB and the customer (including these General Terms and Conditions) are listed in full in writing.
3) These General Terms and Conditions supersede all previous or different General Terms and Conditions, including those of the customer. These terms and conditions apply exclusively.
§ 4 Customer obligations
1) The customer is obliged to inform MRB about the remuneration of the hired candidate and to provide a copy of the employment contract upon request, as this is necessary to calculate the fee.
2) The MRB will only speak to the newly generated and presented candidate about the customer's position for the first ten days. If the customer does not provide feedback on the candidate presented during this period, MRB will also speak to the candidate about other positions.
§ 5 Fee
1) When a candidate is hired, there is an immediate entitlement to a fee for the MRB.
2) If a candidate is hired within 12 months of their first introduction by the MRB, a claim to a fee is based on the causality of the conclusion of the contract by the MRB.
3) If the customer forwards information about a candidate to a third party and this results in the candidate being hired by the third party, MRB must be informed immediately by the customer. An MRB fee is due, which must be paid by the customer.
§ 6 Fee calculation
1) Multiplying the fee rate agreed in the individual contract with the candidate's remuneration in the first year results in the MRB's recruitment fee.
2) If there is no individual contractual fee regulation or a valid framework agreement between MRB and the customer, the fee amounts to 32% of the candidate's total remuneration.
3) If a candidate is commissioned as a freelancer by the customer or a third party, MRB is entitled to a fee of 32% of the remuneration in accordance with Section 2 (6) IVm Section 6 (1). MRB Handels GmbH | Leopoldstrasse 160 | 80804 Munich office@mrb-muenchen.de | www.mrb-recruitment.de
4) If a candidate is hired on a temporary basis, the fee will be calculated based on the length of employment in the first year.
5) If a candidate from a temporary position with the customer receives an extension of the employment relationship within the first year of employment, the customer undertakes to immediately inform MRB of the extension. The MRB will be entitled to a recurring fee for the duration of the extension.
6) The MRB fee is a net amount plus the statutory German sales tax of currently 19%.
7) Invoices are issued in euros and have a payment deadline of 14 days after the invoice date. After the payment deadline has expired, MRB reserves the right to charge interest at a rate of eight percentage points above the respective base interest rate. MRB can assign or sell its claims.
8) In addition, the costs and fees for MRB's marketing measures and travel expenses, as well as other services related to the order, will be listed in a further offer and invoiced separately.
§ 7 Prior knowledge of the customer
1) If the candidate presented by the MRB and the customer are already in discussion for the position discussed, either through another personnel service provider or through personal contact, the customer must inform the MRB in writing within seven days of the introduction. This is an obligation of the customer to report.
2) After the seven days have expired and the customer has not fulfilled his obligation to report, a fee will be due from MRB if the candidate is hired.
3) MRB can assert claims for damages against the customer if the damage arose from a breach of the obligation to report.
§ 8 Suitability of candidates
1) The customer undertakes to provide MRB with all of the following and other information relevant to recruitment:
a) Information about the company (customer) itself
b) the operation
c) the potential employment relationship
d) the time of start of employment
e) the working hours
f) the place of use MRB Handels GmbH | Leopoldstrasse 160 | 80804 Munich office@mrb-muenchen.de | www.mrb-recruitment.de
g) the vacation entitlement
h) the salary range
i) the area of activity
j) possible health and safety risks
k) any special requirements for the candidate in terms of qualifications, language skills, certificates or authorizations
2) The customer must inform MRB immediately of any changes to the above points.
3) The information provided by the customer may be shared with the candidates.
4) MRB will request all missing documents and immediately forward them to the customer upon receipt. The customer is responsible for evaluating the documents received. The MRB is not responsible for obtaining a work permit or other necessary approvals. The customer is responsible for obtaining any necessary medical examinations.
5) There is no guarantee as to the suitability of the candidates presented. However, the MRB will try to check the personal and professional qualifications of the candidates. It is the responsibility of the customer to satisfy themselves about the suitability of the candidate in terms of availability, work authorization, qualifications, health, performance, integrity and reliability of the candidate.
§ 9 Confidentiality MRB and the customer undertake to maintain confidentiality with regard to all information that has become known as part of the contractual relationship.
§ 10 Authority to represent MRB has no authority or to enter into any obligations or liabilities on behalf of the customer, unless otherwise agreed in writing between MRB and the customer.
§ 11 Confidentiality and data protection
1) All personal data of candidates is confidential and is subject to the current regulations of the Federal Data Protection Act and the GDPR.
2) The data may not be used by the customer for any other purpose other than to search for workers or passed on to third parties.
3) All documents received must be deleted in accordance with the GDPR after six months at the latest. MRB Handels GmbH | Leopoldstrasse 160 | 80804 Munich office@mrb-muenchen.de | www.mrb-recruitment.de
4) A candidate's documents may only be stored with the candidate's separate consent.
5) The customer undertakes to maintain secrecy about all personal and professional information about the candidate that becomes known to him during the recruitment process.
6) No assessments of the candidate may be obtained without prior agreement with the MRB.
7) Furthermore, the current data protection regulations on the MRB website apply.
§ 12 Disclaimer of liability
1) MRB is not liable to the customer, contractually, tortiously or in any other way, for any damages or expenses incurred by the customer, its employees or contractual partners or a third party directly or indirectly as a result of or in connection with the recruitment or performance.
2) The exclusion of liability applies in particular to damages or expenses that:
a) Arise in connection with attempting to arrange a meeting with a Candidate;
b) Arise because the Candidate does not fully or partially meet the Customer's requirements or is unavailable for all or any of the purposes or for the position for which he is required;
c) Based on inaccuracy or incompleteness of information about the candidate (in particular with regard to character, history, ability, age or suitability), insofar as this information is based on information received from the candidate.
d) arising from the candidate's actions or omissions, whether intentional, negligent, fraudulent, dishonest, reckless or otherwise, and whether resulting in damage or expense to the customer or third parties;
e) The candidate himself suffers, including claims for damages or compensation under the General Equal Treatment Act (AGG) or other regulations to protect the candidate;
3) The customer undertakes to fully indemnify MRB from all claims of the candidate or third parties due to a violation of the General Equal Treatment Act (AGG) or other regulations for the protection of the candidate or third parties caused by or attributable to the customer claims against the MRB. MRB Handels GmbH | Leopoldstrasse 160 | 80804 Munich office@mrb-muenchen.de | www.mrb-recruitment.de
4) The exclusion of liability does not apply to damages resulting from injury to life, body and health that are based on breaches of duty by MRB or its vicarious agents, and otherwise not to grossly negligent or intentional breaches of duty by MRB or its vicarious agents.
§ 13 Final provisions
1) Should a provision of these General Terms and Conditions be invalid or later lose their legal validity, the validity of the General Terms and Conditions and the contract will not be affected.
2) The invalid provision should be replaced by another appropriate regulation that comes closest to what the parties want to agree on. The same applies to filling any gaps in the contract.
3) The place of performance is the headquarters of MRB.
4) MRB is entitled to sue the customer at the court where the customer is based. Otherwise, the place of jurisdiction (if legally permissible) is Munich.
5) Only German law applies.