1. Scope
These terms apply to all search assignments carried out by Start-One UG (haftungsbeschränkt), Im Mediapark 5, 50670 Cologne, Germany, for corporate clients. They apply to businesses within the meaning of section 14 of the German Civil Code.
Anything agreed in text form in an individual case takes precedence over these terms. Terms of the client apply only where we agree to them in text form.
2. Subject of the assignment
We search for and recommend candidates for the role named in the offer. Selection and the hiring decision rest with the client. What we owe is a careful search, not a completed placement.
3. Exclusivity
The assignment is exclusive. During its term the client does not instruct another recruitment provider for the same role.
If the client fills the role during the term through another recruitment provider, a flat compensation of 5,000 euros falls due in addition to the engagement fee. The client may prove that the actual damage was lower. We may end the assignment in that case. A hire from the client’s own applicants does not trigger this compensation.
4. Cooperation
The client provides the information needed for the search and names one contact. Feedback on presented candidates is given promptly. Delays on the client side extend the term accordingly.
5. Fee
The total fee is 29 percent of gross annual target earnings.
An engagement fee of 5,000 euros falls due when the assignment starts. On placement it is credited in full against the total fee. The remainder is the success fee.
There is no interim fee when candidates are presented.
All amounts are net and subject to statutory VAT.
6. Basis of calculation
The basis is the gross annual target earnings agreed for the first year of employment. This covers the base salary including any 13th and 14th monthly salary, the contractually agreed variable pay at 100 percent of target, and benefits in kind.
A company car is counted at a flat 5,000 euros. Share and option programmes count at the annual target value stated in the employment contract; where no value is stated they are left out. One-off signing bonuses, relocation and expense reimbursements do not count.
Where no variable pay is agreed, the base salary applies.
7. Payment terms
The engagement fee falls due when the assignment starts. The success fee falls due when the placed person signs the employment or service contract.
Invoices are payable within 14 days of the invoice date without deduction. Travel is included in the fee unless the client requests separate trips.
8. Subsequent hires
If the client or an affiliated company hires a person we presented within twelve months of that introduction, including for a different role, the success fee under clause 5 applies.
9. Replacement within 180 days
If the placed executive leaves within 180 days of starting, for whatever reason and from whichever side, we run one replacement search for the same role at no further fee. If the replacement is not filled within 90 days, we refund the fee less the engagement fee.
This requires all invoices to be settled and the client to inform us within 14 days of learning about the departure. Redundancy, removal of the role and insolvency are excluded.
10. Non-solicitation
We do not approach the placed person or employees of the client on behalf of other clients. This holds without time limit and beyond the end of the assignment.
11. Confidentiality
Both sides treat information from the assignment as confidential, including after it ends. We name the client as a reference only with their approval.
12. Data protection
Both sides process candidate data as separate controllers under the General Data Protection Regulation. The client uses candidate data solely to fill the assigned role and does not pass it to third parties.
Details are in our privacy notice.
13. Term and termination
The assignment runs until the role is filled. Either side may terminate it with 14 days notice in text form. The engagement fee is not refunded in that case. Clause 8 continues to apply after the assignment ends.
14. Liability
We are liable without limit for intent and gross negligence and for injury to life, body or health. For ordinary negligence we are liable only for breach of material contractual duties and limited to the foreseeable damage typical for this type of contract, capped at the total fee.
15. Final provisions
Amendments require text form. German law applies. Place of jurisdiction is Cologne where the client is a merchant, a legal entity under public law or a special fund under public law. If a provision is invalid, the remainder stays in force.