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General terms and conditions

The following “General Terms and Conditions” (“Terms and Conditions”), in the versions valid as of 08 May 2018, apply to the use of all services of consultingheads GmbH, c/o Unicorn Workspaces, Venloer Str. 310-316, 50823 Cologne (“consultingheads”) via the web portal www.consultingheads.com (“Web Portal”).

The subject of the Terms and Conditions is the placement of highly qualified candidates (“Consultants”) with interested clients (“Clients”). To this end, new clients are constantly being acquired as demanders. consultingheads and the Consultant are hereinafter also referred to individually as the “Party” and collectively as the “Parties”.

By performing the registration on the web portal of consultingheads, the Consultant accepts the Terms and Conditions (“Mediation Agreement”).

§ 1 Performance description of consultingheads and process

  • Delimitation of consultingheads’ service: The Consultant engages consultingheads to arrange a full-time position or a temporary consulting project (“Service”). consultingheads uses only the registered clients for the service; external searches with third party providers or the active search for new matching clients is not owed.
  • Registration information: In order to use the service, the Consultant registers on the web portal of consultingheads and provides the required information according to § 2 of the Terms and Conditions. The information should be very precise and comprehensive so that offers can be conveyed accurately.
  • Identification of clients: consultingheads uses the information provided by the consultant to identify suitable offers from its own database of clients. This selection is at the sole discretion of consultingheads.
  • Expression of interest: The identified offers are then communicated to the consultant; this is done both on the web portal itself and by e-mail. The consultant can deactivate such e-mail notifications at any time in the web portal settings. If the consultant is interested in one or more of the offers, then this can be expressed on the web portal or in a personal meeting.
  • Confidentiality: consultingheads will only then send the Consultant’s details to the Client, initially anonymously if necessary. If the consultant has already been placed by consultingheads, any anonymous evaluation letters from previous clients will be included in the information package sent to the client.
  • Establishing contact: If the client shows interest in the services the consultant has to offer, consultingheads establishes contact between the consultant and the client. For this purpose, the contact data provided by the Consultant shall be passed on to the Client. consultingheads sends personal data exclusively according to the data protection regulations in § 4 of the terms and conditions.
  • Remuneration for the Service: consultingheads provides the aforementioned services to the Consultant free of charge, unless otherwise indicated.

§ 2 Duties of Cooperation of the Consultant

consultingheads is very important the satisfaction of the consultant, but also of the client. In order to make this possible, it is necessary for the consultant to observe certain obligations to cooperate. For this reason, the consultant assures that

  • he has carried out the registration in his own name,
  • he/she has provided all information relevant to the placement, in particular regarding qualifications, background and legal/official restrictions (in particular any form of restrictions on practicing a profession) with regard to the desired activity,
  • he/she has truthfully provided all information requested during registration to the best of his/her knowledge and belief,
  • he/she will immediately notify consultingheads of any changes to the information provided that are relevant to the mediation process,
  • he performs the services agreed with the client to the best of his knowledge and belief and that
  • there is no conflict of interest/non-competition clause (e.g. due to previous employment with a competitor company); this applies both to full-time positions and to temporary consulting projects with the client.

§ 3 Notification Duties of the Consultant

  • Notification of a Target Contract: The Consultant shall notify consultingheads if an employment contract or other consulting contract of any kind (collectively “Target Contract”) is concluded with the Client during the term of the contract (§ 6 of the Terms and Conditions). The content of the notification shall in any case include the exact contractual term of the target contract as well as the full agreed remuneration including variable salary components and other bonuses. The Consultant itself shall be obliged to do so in any case; it shall not be sufficient if the Client notifies the Consultant accordingly.
  • Post-contractual duty of notification: In addition, the Consultant is obliged to notify consultingheads of the conclusion of target contracts up to 12 months after the end of the contract; the aforementioned § 3 clause 1 sentence 2 applies accordingly.

§ 4 Consent to the disclosure of personal data and data protection

  • Personal Data and its Disclosure: consultingheads will store, process and use personal data of the Consultant only with regard to the contractual performance of services. In this context, the privacy policy, which can be viewed at https://www.consultingheads.com/de/privacy/new, must also be observed. If data is passed on to third parties on the basis of consent, consultingheads will oblige the third party to treat the data in accordance with the statutory data protection provisions under the General Data Protection Regulation (DSGVO).
  • Consent to data disclosure: The Consultant explicitly consents to the following disclosure of his/her personal data:
    • The disclosure of all information provided during registration to a Client identified by consultingheads, provided that both the Consultant (§ 1 clause 4) shows interest in the Client’s offer and the Client (§ 1 clause 6) shows interest in the Consultant’s services. No data is collected from third parties and forwarded.
    • The passing on of evaluations in accordance with § 1 number S. 5 of the terms and conditions to a client. consultingheads makes these evaluations available beforehand on the web portal in the consultant’s protected area.
    • The transfer is also permitted if the client does not seek a consultant directly for itself but for a company affiliated with it within the meaning of Section 15 of the German Stock Corporation Act (AktG). This also applies if there is no joint personnel department of the affiliated companies.
  • Supplementation of Data: If, after conclusion of the contract, the Consultant provides further information about his person or qualifications and commissions consultingheads to make the corresponding additions/corrections to the information provided in the registration, this shall be deemed to constitute consent within the meaning of Section 2 above.
  • Consent to the Creation of User Statistics: The Consultant consents to consultingheads creating and storing personal statistics, in particular about the Consultant’s use of the Web Portal. These statistics are used exclusively to provide the consultant with offers that are better tailored to him and his needs, and to improve the overall user experience. This data shall only be transferred to the affiliated company in the event of the transfer of the contract pursuant to § 7 of the Terms and Conditions. The data will not be passed on beyond this unless the consultant specifically consents to it.
  • Revocation/Limitation of Consent: The Consultant may revoke any consent given in accordance with § 4 of the Terms and Conditions at any time without stating reasons. The Consultant may also prohibit consultingheads from disclosing personal data only to a specific (potential) client at any time by simple notification.
  • Other restrictions: In addition, personal data will only be collected, processed or used to the extent that the Consultant has expressly consented thereto. In particular, no personal data will be passed on to clients in countries outside the EU/EEA without corresponding consent.

§ 5 Registration process (conclusion of contract), login data

  • Conclusion of the contract: The Consultant shall carry out the registration in compliance with § 2 of the Terms and Conditions on the web portal. The brokerage contract is considered concluded when consultingheads has confirmed the Consultant’s acceptance into the brokerage network by e-mail.
  • Protection of login data: Only the Consultant and persons authorized by the Consultant may use the registered login data. The Consultant shall ensure that such authorized person shall be subject to the provisions of the Placement Agreement. The Consultant shall ensure that its login data does not come to the knowledge of unauthorized persons. Should an unauthorized person gain knowledge, the consultant will inform consultingheads immediately.

§ 6 Term and termination

The brokerage contract has an unlimited term and can be terminated by either party at any time with two weeks’ notice to the end of the month (ordinary termination). The right to extraordinary termination remains unaffected.

§ 7 Assumption of Contract by Affiliated Company

consultingheads shall be entitled to transfer all rights and obligations under this Agreement to an affiliated company within the meaning of § 15 AktG (“Transfer of Agreement”). consultingheads shall notify the Consultant of this at the e-mail address provided by the Consultant (“Transfer Notice”). The transfer of the contract shall become effective if the Consultant does not object to the procedure within one month after receipt of the transfer notice. If the Consultant objects, the contract shall not be assumed. Reference is made to § 4 number 6 sentence 2 of the Terms and Conditions.

§ 8 Liability and indemnification

  • Intent and gross negligence: The parties shall be liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by the party or a legal representative or vicarious agent of the parties.
  • Slight negligence: Furthermore, the parties shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and the compliance with which you regularly rely on. In this case, however, the parties shall only be liable for the foreseeable damage typical for the contract.
  • Exclusion of liability in all other respects: The parties shall not be liable – except in the cases specified in the above clauses – for slightly negligent acts of infringement.
  • Injury to life, body and health: The above limitations of liability shall not apply in the event of injury to life, body and health. Liability is also unaffected in the event that consultingheads has given a guarantee of quality or has fraudulently concealed a defect. The provisions of the Product Liability Act shall remain unaffected.
  • Liability of employees, representatives and vicarious agents: Insofar as the liability of the parties is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

§ 9 Severability clause

If any provision of these Terms and Conditions is or becomes invalid or unenforceable in whole or in part, or if a necessary provision is not included, this shall not affect the validity of the remaining provisions; Section 139 of the German Civil Code shall not apply.

§ 10 Changes to the terms and conditions

consultingheads reserves the right to change the Terms and Conditions in whole or in part at its sole discretion. Changes will be sent to the Consultant to the email address provided by him/her at least 4 weeks before they come into effect, as well as announced on the personal home page and via distribution through the internal mail service. The Consultant shall have the right to object to the amendment of the Terms and Conditions in text form. If the user does not object to the changes of the terms and conditions within 4 weeks from receipt of the notification, they become effective.

§ 11 Applicable law

The law of the Federal Republic of Germany shall apply.