Placeholder Draft commercial terms for legal review. Fee levels, notice periods, liability caps and the place of jurisdiction must be settled with counsel before these are published or relied on.
1. Scope
These General Terms and Conditions (Allgemeine Geschäftsbedingungen) govern all contracts between Unicus Global Consulting GmbH (“Unicus”) and its clients concerning permanent placement, flexible staffing (temporary and project-based supply of workers) and recruitment outsourcing services.
They apply exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code, to legal persons under public law and to special funds under public law. Conflicting or deviating terms of the client do not apply unless Unicus has agreed to them in writing.
2. Conclusion of contract
Our quotations are non-binding until accepted in writing. A contract comes into existence when Unicus confirms the client’s order in writing or begins performance with the client’s knowledge. Requirements submitted through our website are enquiries, not orders.
For flexible staffing, a separate written leasing agreement (Arbeitnehmerüberlassungsvertrag) is concluded for each assignment, as required by § 12 AÜG, specifying the role, the essential working conditions of a comparable employee at the client’s establishment and the assignment period.
3. Scope of services
- Permanent placement: Unicus presents suitable candidates. The employment contract is concluded directly between the client and the candidate.
- Flexible staffing: temporary and project-based supply of workers. Unicus remains the employer of the supplied worker and is responsible for wages, social contributions and payroll tax. The client exercises the right to give instructions during the assignment.
- Recruitment outsourcing: Unicus carries out the recruiting process on the client’s behalf, including pre-screening, testing and background checks, and delivers a shortlist of verified candidates. The employment contract is concluded directly between the client and the candidate.
Unicus selects candidates with the care of a prudent business but does not warrant any particular commercial success, nor that a given candidate will remain in the role for any particular period.
4. Client obligations
- Provide a complete and accurate description of the role, including qualification, language and shift requirements, before sourcing begins.
- Disclose the essential working conditions applicable to comparable employees at the establishment, as required for equal treatment under § 8 AÜG.
- Instruct supplied workers on site safety, provide the required protective equipment and comply with working-time law.
- Report accidents, absences and any early termination of an assignment to Unicus without delay.
- Not to deploy supplied workers in a business affected by a strike, as prohibited by § 11 (5) AÜG.
5. Fees and payment
Flexible staffing is charged at the hourly rate agreed in the leasing agreement, on the basis of the hours recorded and countersigned by the client. Permanent placement is charged as a one-off fee, calculated as a percentage of the candidate’s gross annual salary and payable on the candidate’s first working day. Percentage and rate card to be confirmed.
All prices are exclusive of statutory VAT. Invoices are payable without deduction within the payment term of X days (to be confirmed) from the invoice date. In the event of default, interest accrues at the statutory rate for commercial transactions and Unicus may suspend further supply after written notice.
6. Term, notice and replacement
Assignments run for the period stated in the leasing agreement. Where no period is stated, either party may terminate with notice period to the end of a working week. The right to terminate for good cause without notice remains unaffected.
If a permanently placed candidate leaves within guarantee period of starting, for reasons not attributable to the client, Unicus will source a replacement once at no additional placement fee. The guarantee does not apply where the fee has not been paid in full.
7. Hiring a supplied worker
The client is free to employ a supplied worker directly. Where such employment begins during an assignment or within period of its end, a placement fee becomes due in accordance with clause 5, reduced pro rata for the duration of the completed assignment.
8. Liability
Unicus is liable without limitation for intent and gross negligence, for injury to life, body or health, and where liability is mandatory under the Product Liability Act. In cases of slight negligence, Unicus is liable only for breach of a material contractual obligation, and then limited to the damage typically foreseeable in contracts of this kind.
Unicus is not liable for the work results of supplied workers, who act under the client’s instruction, nor for damage caused by a worker in the course of an assignment beyond the careful selection of that worker.
9. Confidentiality and data protection
Both parties shall keep confidential all commercial information disclosed in the course of the contract. Personal data is processed in accordance with our Privacy Policy; where Unicus processes personal data on the client’s behalf, a separate agreement under Article 28 GDPR is concluded.
10. Final provisions
German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance and the exclusive place of jurisdiction for all disputes is city, provided the client is a merchant, a legal person under public law or a special fund under public law.
Amendments and supplements must be in writing. Should any provision be or become invalid, the validity of the remaining provisions is unaffected.