1. Scope of Application

These General Terms and Conditions (GTC) apply to all contracts and services provided by Fahrenberg Recruiting Solutions, represented by owner Shira Fahrenberg (hereinafter referred to as "Provider"), to its clients (hereinafter referred to as "Client" or "Mandator").

The services are offered exclusively to business customers as defined in § 14 of the German Civil Code (BGB). Services are not provided to consumers.

2. Scope of Services

The Provider offers services in the field of recruitment and consulting, including but not limited to:

• the direct placement of permanent professionals and executives,

• the placement of freelance experts for project-based assignments,

• supplementary recruiting services such as market analyses and sourcing strategy consulting.

The specific scope of services shall be determined by the respective individual agreement or framework contract with the Client.

3. Conclusion of Contract

A contract is concluded upon the Client’s written acceptance of an offer made by the Provider. This may also occur informally, e.g., via email. Framework contracts may also be agreed upon, defining general conditions for cooperation. In such cases, each search mandate shall be considered a separate assignment governed by these GTC.

4. Fees and Payment

Fees for the services shall be based on individually agreed models. There are no standardized pricing lists. Combined fee structures, such as license, initial, intermediate, and/or success fees, may be agreed on a project-specific basis. Any conditions specified in an individual agreement or framework contract shall take precedence over these GTC.

5. Payment Terms

Unless otherwise agreed, payment is due within 14 days of invoice issuance, without deductions. In the event of late payment, the statutory interest rate for B2B transactions (§ 288 para. 2 BGB) shall apply. If a different late fee or interest rate has been agreed in the contract, that shall prevail. The Provider reserves the right to claim additional damages caused by default.

6. Obligations of the Client

The Client shall provide all information relevant to the recruitment process completely, accurately, and in a timely manner. The Client must notify the Provider immediately and without request of any employment, commissioning, or contract conclusion with candidates introduced by the Provider. This also applies to indirect placements, e.g., within affiliated companies or third parties. The Provider may request suitable proof (e.g., a redacted employment contract).

7. Guarantee and Replacement

A right to a replacement candidate only exists if this has been explicitly agreed in writing. The conditions for any potential replacement (e.g., duration, additional fee) shall be based on the individual agreement or search mandate.

8. Exclusivity

Unless otherwise agreed, the Provider works exclusively on the specified position during an Active Search. During this time, the Client agrees not to engage any third-party recruitment agencies for the same role.

9. Non-Solicitation

Both parties agree not to actively solicit employees from the other party while an ongoing project or cooperation exists.

10. Confidentiality

Both parties agree to maintain confidentiality regarding all information shared during the cooperation, in particular candidate profiles, contract details, and business secrets. This obligation remains in effect beyond the termination of the contractual relationship.

11. Liability

The Provider shall be liable without limitation for intent and gross negligence. In the case of simple negligence, liability shall be limited to damages arising from the breach of essential contractual obligations (cardinal obligations) and to the foreseeable, typical damage. Liability for loss of profit is excluded. Liability for injury to life, body, or health remains unaffected. These liability provisions also apply to the Provider’s legal representatives and agents.

12. Data Protection

The Provider processes personal data in accordance with applicable data protection laws. Further details can be found in the privacy policy available on the website.

13. Jurisdiction and Applicable Law

These GTC and the contractual relationship are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Client is a merchant or a legal entity under public law, the place of jurisdiction is the Provider’s registered office in Minden, Germany.

14. Final Provisions

Individual agreements and framework contracts shall take precedence over these GTC. Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

General Terms and Conditions (GTC)

for the services of

Fahrenberg Recruiting Solutions
www.fahrenbergrecruitingsolutions.com

Shira Fahrenberg
Nettelbeckstr. 36
32427 Minden, Germany

Tax number: 335/5053/4570
VAT ID: DE366467601