General Terms and Conditions
§ 1 Scope of Application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts, services, and deliveries between ENTRIKS Talent Hub (hereinafter referred to as "Agency") and its clients (hereinafter referred to as "Client").
Deviating conditions of the Client will not be recognized unless the Agency has expressly agreed to them in writing.
§ 2 Subject Matter of the Contract
The subject matter of the contract is the provision of services in the areas of recruitment, nearshoring, and active sourcing. The specific description of services results from the respective offer or order confirmation.
The Agency provides its services with the care of a prudent merchant. No guarantee of success for the placement of personnel is assumed.
§ 3 Obligations of the Agency
3.1 Recruitment
The Agency searches for suitable candidates based on the requirement profiles provided by the Client. It conducts preliminary interviews and qualification discussions and transmits meaningful candidate profiles to the Client.
3.2 Nearshoring
For nearshoring services, the Agency provides the Client with qualified professionals from Kosovo. The professionals work exclusively for the Client and are integrated into their processes.
3.3 Active Sourcing
The Agency identifies and qualifies passive candidates who are not actively seeking employment. It approaches these candidates directly and checks their suitability for the Client.
§ 4 Obligations of the Client
The Client undertakes to:
- Provide the Agency with complete and truthful information about the position to be filled
- Give timely feedback on presented candidates
- Comply with agreed appointments with candidates or cancel them in good time
- Treat candidate data transmitted by the Agency confidentially
- Not contact presented candidates directly without the Agency's consent
§ 5 Remuneration
5.1 Recruitment
Remuneration for successful placements is usually made as a commission at an agreed percentage of the candidate's annual gross salary. The commission becomes due upon conclusion of the employment contract between the candidate and the Client.
5.2 Nearshoring
Remuneration for nearshoring services is based on monthly flat rates per employee deployed. The exact conditions result from the respective offer.
5.3 Payment Terms
Invoices from the Agency are payable within 14 days of invoicing without deduction. In case of late payment, default interest of 8 percentage points above the base rate p.a. is due.
§ 6 Right of Withdrawal / Cancellation Policy
Right of Withdrawal for Consumers
Consumers have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of contract conclusion. To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
§ 7 Liability
The Agency is liable without limitation for intent and gross negligence. For simple negligence, the Agency is liable only for the breach of essential contractual obligations (cardinal obligations), the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the Client may regularly rely.
The Agency's liability for slight negligence is limited to the amount that was foreseeable as probable damage at the time of contract conclusion. This limitation of liability does not apply to damages arising from injury to life, body, or health.
§ 8 Confidentiality
Both contracting parties undertake to treat all information obtained in the course of cooperation about the other party confidentially and not to pass it on to third parties. This obligation also applies beyond the termination of the contractual relationship.
§ 9 Data Protection
The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and applicable data protection regulations. For more information, please refer to our Privacy Policy.
§ 10 Contract Duration and Termination
The duration of the contract depends on the agreed conditions. Unless a fixed term has been agreed, the contract may be terminated by either party with a notice period of 30 days to the end of the month.
The right to extraordinary termination for good cause remains unaffected.
§ 11 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by a valid provision that comes closest to the economic purpose of the ineffective provision.