**General Terms and Conditions of Business (GTC) of Aquarius & Taurus GmbH**
**1. General Provisions**
1.1 These General Terms and Conditions (GTC) apply to the placement of qualified candidates by Aquarius & Taurus GmbH (hereinafter referred to as „A&T“) to the customer.
1.2 The GTC shall apply exclusively unless otherwise agreed in writing. By accepting a candidate recommendation, the customer agrees to these GTC.
1.3 This contract is non-exclusive, and the customer is free to use the services of other companies unless otherwise agreed.
1.4 Agreements on „Retained Searches“ are made individually.
**2. Placement of Candidates**
2.1 A candidate is considered recommended by A&T as soon as information is provided that allows the candidate to be identified.
2.2 If a contract is concluded between the customer and a candidate within 12 months after the candidate is recommended by A&T, it is presumed that this contract resulted from A&T’s recommendation. The customer may rebut this presumption.
2.3 If a candidate who was introduced by A&T has independently applied to the customer within the past 12 months or was presented by another company, the customer must inform A&T before the interview process begins. In this case, A&T will provide no further services regarding the candidate unless expressly requested by the customer.
**3. Commission**
3.1 The customer agrees to pay A&T a commission once an employment relationship (employment contract, freelance contract, shareholder contract, etc.) results from a recommendation by A&T. The commission shall not be reduced in the case of fixed-term or part-time employment, and it is calculated based on a full-time annual salary.
3.2 The commission is 35% of the expected gross remuneration for the first year of employment, with a minimum fee of €10,000. For executives, the commission is also 35% of the expected annual gross remuneration.
3.3 If additional benefits cannot be determined at the time the commission is due, the parties will agree on a lump sum to be included in the commission calculation.
3.4 All commissions are exclusive of statutory value-added tax. For customers outside Germany, the reverse charge mechanism shall apply.
3.5 A&T provides its services on a success basis. Therefore, a fee is only payable when a contract is concluded between a candidate proposed by A&T and the customer. The customer must inform A&T immediately if such a contract is concluded.
3.6 All payment obligations are due within 14 days from the date of the invoice. In the event of delay, A&T is entitled to interest of eight percentage points above the base interest rate. A&T reserves the right to claim further damages.
3.7 If the employment is terminated within eight weeks after the candidate begins work, due to a reason related to the candidate’s behavior or suitability, and if A&T is promptly informed in writing, A&T will refund 12.5% of the commission for each full week that the candidate does not work during this eight-week period. Other grounds for termination do not affect the commission claim.
3.8 If the customer revokes the written job offer before the candidate starts, A&T is entitled to an administrative fee of €10,000 plus VAT.
**4. Candidate Suitability**
4.1 A&T reviews resumes and conducts interviews to assess candidates‘ suitability, but assumes no liability for the accuracy of candidate information.
4.2 It is the responsibility of the customer to verify that the candidate has the necessary skills, qualifications, and characteristics for the position.
4.3 In the case of foreign candidates requiring a work permit, the candidate may only commence work after the permit has been obtained. The customer is responsible for applying for this permit at their own expense.
**5. Information Obligations**
5.1 The customer must immediately notify A&T of any circumstances that may affect the placement process.
5.2 The customer must also inform A&T of the conclusion of a contract no later than seven days before the candidate starts and provide all relevant documents for commission calculation. Failure to do so will entitle A&T to a commission of 40% of the annual salary.
**6. Confidentiality**
6.1 The customer must treat all information obtained during the placement process as confidential.
6.2 In the event of a breach of confidentiality by the customer, resulting in a third party contracting with the candidate, the customer remains liable to pay the commission to A&T as if they had concluded the contract themselves.
**7. Applicable Law and Jurisdiction**
7.1 This contract is governed by the laws of the Federal Republic of Germany. The place of jurisdiction is the registered office of A&T.
**8. Final Provisions**
8.1 All agreements between the parties must be in writing and signed by A&T.
8.2 These GTC are valid indefinitely and may be terminated with four weeks‘ written notice.
8.3 Should any provision of these GTC be invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by applicable law.
Stand: October 2024
