GENERAL TERMS AND CONDITIONS
of SCS Personalberatung GmbH (hereinafter: SCS) for use in business transactions with entrepreneurs within the meaning of § 14 BGB (German Civil Code) (hereinafter: customers)
- Subject matter of the contract
SCS provides services in the areas of personnel consulting and diagnostics as well as coaching. The respective subject matter of the contract can be found in the respective individual contract.
SCS will obligate all persons entrusted by it with the execution of the individual contract to treat confidentially all information and documents obtained in connection with the individual contract, including the consulting results. This obligation shall continue to apply after termination of the individual contract, unless the customer permits its use.
The results of SCS’s activities are exclusively intended for the parties to the individual contract. The customer undertakes not to disclose these results to third parties. For the duration of the contractual relationship, the customer undertakes to have any references on potential candidates obtained only by SCS.
SCS is authorized, within the scope of the purpose of the respective individual contract, to process the personal data entrusted to it or to have it processed by third parties in compliance with the DSGVO.
- Remuneration, due date
The remuneration for the services of SCS results from the respective individual contract. The statutory value added tax shall be added to all remuneration/fees and shown separately in invoices.
In addition, incidental expenses (see 3.1 – 3.3) are incurred in connection with the services of SCS and will be invoiced to the customer as incurred.
3.1 Travel Expenses
Travel expenses are incidental expenses. Travel expenses are charged net to the customer. The following travel expenses will be reimbursed by the customer:
3.1.1 Third party travel expenses
Third-party travel expenses shall be reimbursed for the outward and return journey or outward and return flight from the place of residence to the place of performance upon presentation of the payment receipt.
Third parties will be reimbursed for the cost of travel by Deutsche Bahn (2nd class) or for a flight (economy class). Third parties may also travel in their own cars; in this case, € 0.50 per kilometer driven will be reimbursed. Daily expenses are reimbursed to third parties at € 14.00 for absences of more than 8 hours.
3.1.2 Travel expenses of SCS consultants
Travel expenses of SCS consultants are mainly incurred for car trips. For this purpose, € 0.50 per kilometer driven is to be reimbursed by the customer.
In all other respects, the conditions for the settlement of third-party travel expenses apply to air and rail travel. Daily expenses shall be reimbursed in accordance with the tax guidelines as amended from time to time. Receipts for payment must always be submitted.
3.2 Costs for third-party advertisements/graphic services
Furthermore, incidental costs incurred, e.g. for advertisements and graphic services of third parties for the design of advertisements. SCS will pass on the costs for these to the customer in accordance with the original invoice of the companies commissioned by SCS. When selecting third parties, SCS will ensure that they charge customary fees for their services.
3.3 Other Additional Costs
If further additional costs are incurred, SCS will inform the customer in advance. The decision on the incurrence of the additional costs will be made by SCS only with the written consent of the customer. These further costs shall then also be borne by the customer.
A set-off against claims of SCS for remuneration/fees and/or ancillary costs is only permitted with undisputed or legally established claims.
- Due date, default, interest on arrears
All invoices are due immediately upon receipt and without deduction. The customer shall be in default without further notice from SCS ten days after the due date if he has not paid.
In case of default, SCS is entitled to charge default interest at a rate of 9 percentage points above the prime rate (§ 247 BGB).
SCS is entitled to prove that a higher damage has occurred than described in clause 4, sentence 3.
SCS is liable in cases of intent or gross negligence of a representative or vicarious agent according to the statutory provisions.
Otherwise SCS is only liable for injury to life, body or health or for culpable breach of essential contractual obligations.
The claim for damages for the violation of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless another of the exceptional cases listed in sentence 2 of this clause applies at the same time.
The above provisions shall apply to all claims for damages (in particular to claims for damages in addition to performance and damages in lieu of performance), irrespective of the legal grounds, due to the breach of duties arising from the contractual obligation or from tort. They shall also apply to the claim for compensation of futile expenses.
If the customer terminates the contract and if the customer hires an applicant presented by SCS prior to the termination within the next six months after receipt of the termination notice, SCS’s claim for remuneration shall remain in the amount in which it would have arisen without termination and in the event of successful hiring.
The statutory limitation periods shall apply.
- Written form
All amendments and additions to the individual contract must be made in writing. This also applies to the cancellation of the written form requirement.
- Validity of these General Terms and Conditions
Only these General Terms and Conditions (GTC) apply between SCS and the customer. Any general terms and conditions of the customer shall apply only to the extent that SCS has expressly agreed to them in writing.
- Final Provisions
The legal relationship between the parties shall be governed by German law.
The provisions on service contracts of the German Civil Code (§§ 611 et seq. BGB) shall apply to the contractual relationship insofar as these General Terms and Conditions are silent.
The sole place of jurisdiction for all disputes arising from the contractual relationship shall be Frankfurt am Main.