Preamble
Quadriga Executive Search GmbH (QES for short) specializes in finding qualified specialists and executives for third parties. QES supports and advises companies and other institutionsClient (called) when filling positions (Vacancies mentioned), primarily in the professional fields/functional areas of communication (PR, Corporate Communications, IR) and Public Affairs.
All designations for persons used in this regulation are to be understood as applicable to male, female, and diverse persons (m/f/d).
(1) Placement of a search order
A search order is placed through an instruction based on a specific written offer to the client. The instruction can be made in oral or written form through any common communication channel (telephone, email).
(2) How it works
For professional and efficient support, a comprehensive understanding of the client's overall situation and business objectives, along with precise knowledge of the requirements associated with the vacant position, are absolutely essential. The client will explain these in an initial consultation in an objective and realistic manner and provide QES with a job profile for the vacancy, on the basis of which the search will be conducted. The job profile can also be developed by QES based on the client's input. It will then require approval by the client.
QES identifies suitable candidates, approaches them, assesses their professional and personal suitability in relation to the job requirements, and, if they are interested, presents them to the client in a report (profile). The client independently decides whether to invite applicants for an interview.
The specific scope of the search assignment will be defined between the client and QES before the search begins. If the placement of an advertisement for the client free of charge Job advertisement offered, so the client leaves the determination of size, timing, and trade medium to QES. The costs for placing and handling the advertisement are borne by the client.
QES conducts interviews via video by default. If the client requests in-person interviews arranged by QES, QES will only invite applicants who show a sufficient match with the required profile. In justified individual cases, QES can also conduct video interviews that are then considered equivalent to in-person interviews (e.g., for individuals in distant locations).
QES will begin the search immediately upon awarding the contract and will not delay it culpably.
QES will regularly inform the client about the status of the search process. Candidates who are not selected will be informed by QES in a timely manner. A justification to candidates for their non-selection is not mandatory.
(3) Client's Duty to Cooperate
The client undertakes to review the documents of the presented applicants promptly and provide QES with feedback. The client is aware that the swift progress of the selection process is crucial for the success of filling the position and will therefore adjust their organizational processes accordingly.
The client will inform QES before the start of an assignment about at least (a) internal contact persons for the search, (b) the degree of necessary discretion internally and externally, and (c) the exclusion of certain companies or persons from contact (blacklist). QES will strictly consider these requirements during the search.
If applicants presented by QES to the client are rejected, the client will promptly inform QES of the reasons for their decision. This allows the insights gained to be taken into account for further applicants and, if necessary, rejected applicants to be notified accordingly.
(4) Exclusivity
If QES is commissioned with a search, the client may not engage any other recruitment consultancy, in whatever form, for the filling of the same vacancy (exclusivity). In the event of violations of this regulation, QES is entitled to immediately terminate the search.
If the client advertises for a vacancy in print or online media or on their own website, they ensure that applications are sent directly and exclusively to QES.
QES will not present a candidate to the client to other clients simultaneously until a final decision by the client is made, provided that the progress of the search has not been delayed (see point 3, paragraph 1).
(5) Confidentiality
Maintaining a high degree of confidentiality is an important basic rule for direct recruitment of new employees. Both parties commit to treating all mutual information confidentially.
QES will strictly adhere to all client requirements regarding discretion towards third parties (competitors, candidates, clients, employees, etc.) and will not disclose confidential information to third parties. The client understands that QES, on the other hand, will also consider the discretion needs of applicants and will only forward documents with the consent and knowledge of the applicants.
The client shall treat all documents submitted by applicants with strict confidentiality and ensure that they are not accessible to unauthorized third parties. The documents may only be passed on to third parties with the express consent of the applicant. Employees of the client who are not directly involved in the applicant selection process are also considered unauthorized third parties.
(6) Legal framework
There is only one agreement between the client and SP. QES receives from applicants in connection with a placement none Fees. QES will not enter into any agreements with applicants that are in any way contrary to the interests of the client. QES cannot make any binding declarations to third parties (e.g., applicants) on behalf of the client.
QES ensures compliance with the provisions of the General Equal Treatment Act (AGG) throughout the entire recruitment and selection process, thus preventing any unjustified discrimination based on race, ethnic origin, gender, religion or belief, disability, age, or sexual identity.
QES ensures that other legal regulations, such as federal and state data protection laws (GDPR) and competition laws, in particular the Unfair Competition Act (UWG), are also complied with within its sphere of influence.
Personal data of rejected applicants may only be stored by the client for as long as a claim under the General Equal Treatment Act (AGG) is conceivable, according to the Federal Data Protection Act (six months after the candidate receives the rejection).
(7) Warranty
Through many years of experience and deep insight into the human resources market in the fields of communication and marketing, QES will most likely be able to present a sufficient number of applicants within a reasonable time, thereby creating the conditions for a satisfactory filling of the vacancy. QES cannot provide a guarantee for a minimum number of applicants or for filling the position within a specific timeframe.
QES creates applicant profiles (exposés) with the utmost care and to the best of its knowledge and belief. No guarantee is assumed for the accuracy and completeness of the information and for the later fulfillment of all characteristics and commitments.
The client makes the decision to hire an applicant independently and after their own thorough review. QES cannot be held liable for damages incurred by the client in connection with a hire.
QES cannot guarantee the duration of an employment relationship. QES shall only be liable for damages arising from intentional or grossly negligent breach of duty, up to the amount of the fees paid by the client for the respective vacancy.
(8) Duration and termination of a search assignment
QES typically searches for four months. A search request is considered complete once
- An applicant signs an agreement with the client for a collaboration (permanent employment, freelance work, cooperation, part-time work) lasting more than four weeks (hereinafter referred to as Cast called) or
- the client cancels the search mandate or
- QES cancelled the search order.
The client may cancel at any time and without stating a reason. This can also be done verbally or through implied action. QES has a claim to fees for all services rendered up to the time of cancellation and, if applicable, for subsequent hires of applicants introduced by QES, in accordance with section (9).
QES can only cancel or abort the search request in the following cases:
- Breach of the agreed exclusivity (see point 4) or
- persistent non-participation by the client in the progress of the recruitment process (see point 3) despite two written reminders or
- significant change to the original job profile by the client (see point 15) without an agreed-upon resolution regarding the additional effort incurred by QES, or
- suspension of the search process by the client for a period of more than two months or
- misleading information from the client about the company or the vacancy that gives applicants a false impression and is either not to be corrected or is likely to cause reputational damage to QES among applicants, or (j) payment default despite two reminders.
The right to terminate under Section 627 of the German Civil Code (BGB) remains unaffected.
(9) Fee claim
The amount and scope of QES's fee claim arise from the offer and the scope of services for the search. Unless otherwise agreed, QES is entitled to a total fee under a search order, which becomes due in the following three stages, one-third at each stage:
- Commission feeupon placement of order;
- Presentation Feeonce there is a relevant number of applicants with whom the client conducts interviews (in person, digitally, or by phone);
- Recruiting feeupon signing an agreement on cooperation in accordance with point (8) letter (a).
At the latest, with the placement fee (Level 3), all fees from Levels 1 and 2, as well as any travel expenses incurred in connection with this search, are due.
If a direct search is canceled by the client or QES, 50% of the fee for each fee tier that has not yet been billed shall be due.
If the cancellation occurs due to the cases described in items (e) to (j) of point 8, at least half of the outstanding total fee is due. The presentation fee of level (2) shall be considered in full if QES has already presented at least two applicants to the client who meet the profile requirements and are willing to switch at the time of termination.
QES is authorized to issue invoices in electronic form.
All fees are net, plus statutory value-added tax. They are due for payment within 14 days of the invoice date without deduction. Due fees can only be reclaimed by the client in cases of proven gross breach of duty by QES.
(10) Multiple castings
If multiple candidates referred by QES are offered a contract to work with the client or an affiliated company (multiple placements), QES shall be entitled to an additional fee from the client in the amount of 60% of the agreed placement fee (as specified in Section (9), Paragraph 3) for each additional placement.
Does the client or an affiliated company based on one QES has already filled two vacancies under the search assignment for which QES is entitled to placement fees, so QES may terminate the search assignment, regardless of whether the two candidates precisely matched the original job profile.
(11) Travel expenses and other costs
If interviews are arranged in person at the client's request, QES is entitled to reimbursement of its own travel expenses incurred in connection with the search order. The scope, means of transport, travel classes, etc., will be described in the offer or agreement for the respective vacancy. QES undertakes to optimize travel planning in terms of efficiency and costs. If inexpensive saver fares have been agreed upon for flights, the client shall bear any rebooking or cancellation fees incurred due to short-term changes in travel plans required by third parties (e.g., candidates, airlines).
The trips undertaken as part of a search order are carried out by QES in its own name and for its own account, and are billed to the client by QES at net, plus statutory value-added tax.
Separate approval of individual trips with the client is not required unless otherwise agreed.
If applicants claim travel expenses for interviews, these costs are always to be borne by the client. The basis for this are the client's travel guidelines, but at a minimum, the costs for a second-class train ticket. QES will make applicants aware of this regulation in advance. The settlement of travel expenses for interviews with the client will be handled directly between the applicants and the client, unless otherwise agreed.
If travel expenses are billed to the client by QES via a flat rate, this rate is limited in time and scope. Subject to a different agreement, the flat rate automatically ends either (a) after four months have elapsed or (b) after QES has demonstrably conducted ten in-person interviews per search mandate.
Expenses for travel, candidate entertainment, communication, external facilities (day offices), documentation, and project coordination are generally borne by the client in addition to the agreed-upon fees and will be invoiced according to the incurred costs. When determining hourly fees (if agreed for special services), travel time will only be considered at one-third. Travel expenses and hourly fees are due upon accrual.
(12) Early termination of employment
If the employment relationship with an employee placed by QES, for whom the client has paid a full placement fee, expires before a period of six twelve months - calculated from the date of actual commencement of employment - is legally terminated, QES will present new applicants without admitting any legal obligation, based on the original job profile, provided this is included in the scope of services and the client so requests. In this case, no placement fee is due as soon as a new employment contract is concluded with another applicant. The obligation to pay does not apply if the applicant was already presented or was shortlisted in the initial search process. The renewed candidate presentation will only take place if the employment relationship does not end due to circumstances for which the client is responsible - for example, due to structural changes or a different job profile.
The hiring of a replacement must take place immediately, calculated from the time the client becomes aware of the termination of the employment relationship.
If the new job profile deviates from the original one, the regulations in point 15 apply.Changes during search).
If the employment relationship with the applicant referred through a replacement hire is terminated early, a new replacement hire shall be treated as a new assignment.
Gives notice If the employee provided by QES withdraws before starting work, QES will present candidates again without an additional fee.
(13) Candidate Review Reference Gathering
As part of the selection process, QES will research and evaluate publicly available information about candidates from generally accessible sources (e.g., the internet, social networks). The goal is to gain a more comprehensive picture of the candidates' professional and public presence. The research will be conducted in compliance with applicable data protection regulations and will be limited to professionally relevant content. QES will ask candidates to name one or more references, if necessary. The client is aware that (a) no reference check may be conducted without the candidate's consent and (b) a reference provider will not and may not say more about an applicant than has been or could be stated in a reference letter, notwithstanding any positive feedback. Applicants also have the right to information about the content of the reference.
(14) Changes during search
If the client wishes to expand the agreed-upon service package during an ongoing search, this is possible at any time. The fee will be adjusted accordingly. Payments already made by the client will be credited in full. These regulations do not apply in the reverse direction if the scope of services is subsequently reduced.
If the client makes significant changes to the job profile of the vacancy during an ongoing search, QES may withdraw from the contract or demand reasonable compensation for the additional work incurred, provided that work already performed cannot be used or can only be used to a limited extent for the revised search. Changes are considered significant, in particular,
- the hierarchy level or
- by more than 10% of the salary range or
- the main place of work by more than 50 kilometers or
- the required on-site presence (reduction of mobile or teleworking time) or
- of the reporting path to another function
- from more than one important technical requirement criterion (e.g., additional language, scope
Work experience or scope of duties, management responsibility)
(15) Address by Client Employees
QES commits to refraining from active solicitations of the client’s employees assigned to the immediate organizational environment or business unit of the filled search assignment for a period of twelve months following the successful completion of a search assignment. In the event of cancelled or terminated searches, and for searches without a fee, this period shall be six months.
Employees of the client for whom a full placement fee has been paid to QES will no longer be actively contacted by QES.
(16) Scope and jurisdiction
These terms and conditions apply to all search orders commissioned by QES. Deviating agreements must be made in writing.
With the issuance of a search order, these terms and conditions are expressly accepted by the client.
QES does not participate in dispute resolution proceedings before a consumer arbitration board. The place of jurisdiction and performance is Cologne. German law shall apply exclusively.
(17) Severability clause
Should individual provisions of the contract or parts thereof be or become invalid, this shall not affect the validity of the remaining agreements. The invalid provision shall be replaced, within the scope of supplementary contract interpretation, by the valid provision that best achieves the economic purpose of the invalid provision.
Quadriga Executive Search GmbH • Werderscher Markt 13 • 10117 Berlin
Phone +49 30 84859-341 • www.quadriga-search.eu
represented by Managing Director Torben Werner
Commercial Register Charlottenburg District Court xxxxxx
