These General Terms and Conditions (hereinafter “GTC”) apply to the entire business relationship between the client and i-potentials GmbH (hereinafter “i-potentials”), without the need for renewed reference to the GTC. Deviating provisions in assignment agreements concluded with the client (hereinafter “Proposal”) shall take precedence. Deviations from these terms are only valid if agreed in writing. If individual points of the General Terms and Conditions are contractually amended, the remaining points of the GTC shall remain unaffected and continue to be valid. Contracts between i-potentials and the client come into existence through the client’s written acceptance of the Proposal.<\/p>\n
For a successful and swift filling of the vacancy, the client will provide i-potentials with all information\/documents necessary for the search and that may be shared with candidates (e.g. PR\/media kit, job descriptions, budgets\/salary levels, employer profiles, etc.). Likewise, the client will inform i-potentials of any points that must not be disclosed under any circumstances and will release\/limit content accordingly. The client shall ensure that, at the start of the search, i.e. during the briefing, the interests of all decision-makers involved at a later stage have been taken into account. The subsequent integration of new expectations is the client’s responsibility and may result in the search being restarted and\/or in additional costs, which shall be borne by the client. i-potentials likewise relies on the client to ensure a swift interview process through appropriate time management and constructive, timely feedback. The client shall inform i-potentials of any affiliated companies whose employees may not be proposed as candidates. The client shall inform i-potentials without delay if a proposed candidate enters into a service or employment relationship with the client. The client shall promptly notify i-potentials in writing of any changes to the company name, legal form, address, and billing details. The final review and assessment of a candidate’s suitability, in particular the verification of references, certificates, and other qualifications, is the client’s responsibility.<\/p>\n
During the active client relationship, i-potentials will not poach any employees of the client. During the active client relationship, the client will not poach any employees of i-potentials GmbH. A client relationship is deemed active if recruiting or consulting projects or cooperations are currently ongoing, or have taken place within the last 12 months. Should the client wish for a non-solicitation obligation extending beyond this provision for a maximum period of 2 years, this shall apply equally to both contracting parties.<\/p>\n
In the event of any breach, the non-solicitation obligation described above shall be deemed immediately lifted for both parties, and either party shall have the right to terminate all engagements without notice.<\/p>\n
Upon commissioning, i-potentials shall receive an exclusive mandate for the position(s) to be filled that are the subject of this agreement. The client may act independently with regard to the position(s) in question but may not engage other personnel service providers. This provision serves to protect the reputation of both contracting parties, as candidates who are approached by two different service providers regarding the same position generally perceive this as unprofessional, which can be detrimental to successfully filling the position(s).<\/p>\n
Under the German Federal Data Protection Act and by contract, i-potentials is bound by data secrecy and confidentiality obligations. Client-related data and information will not be disclosed unless necessary for the performance of the assignment and agreed upon. i-potentials guarantees its clients absolute confidentiality. Information that one contracting party learns or becomes aware of from the other in connection with the performance of this agreement shall in principle be kept confidential from third parties. The client undertakes, towards i-potentials and in the interest of the candidate, to treat the candidate profiles provided to it confidentially. The client assures that it will not pass on or make accessible the profiles and documents provided to it to third parties, or to employees of the client or its affiliated subsidiaries who are not involved in the services covered by this agreement. The client shall fully indemnify i-potentials against any claims and demands by candidates or third parties arising from or asserted in connection with any breaches of data protection provisions on the part of the client, or through no fault of i-potentials (e.g. based on misinformation or missing information).<\/p>\n