General Terms and conditions of PeKo-Pharm GmbH.
§1 SCOPE OF SERVICES
Peko-Pharm supports clients in recruitment of personnel in freelance and permanent positions in professional activities as well as companies in restructuring projects and employees in application management.
The mediation fee for the position to be filled is calculated as a percentage agreed in advance with the client, which is calculated on the annual gross salary fixed in the contract validity. Bonuses are calculated at the end of the first year of the business relationship on the agreed annual salary.
For subsequent contracts between the client and PeKo-Pharm a reassessment of the service fees and the fees for PeKo-Pharm GmbH will be made in advance.
Commissioning PeKo-Pharm, the minimum charge is 18.000- € net. The percentage agreed by PeKo-Pharm with the customer is calculated from the gross annual salary, also the defined and fixed bonus payments in the recruited candidates’ employment contract. Should the candidate mediated by PeKo-Pharm GmbH not receive a bonus at the end of the year, there is no assertion of a claim by a customer and no reimbursement through PeKo-Pharm.
In restructuring projects and application management, the agreement with the customer about a net daily lump sum or on a net total network fee within the defined project framework takes place in advance. The above terms and conditions are subjected to statutory VAT.
The customer undertakes the no candidate for either freelance projects, even for a permanent position for the vacant positions, including those presented by PeKo-Pharm GmbH candidates within a year close to independently create a contract of employment without the above-mentioned fee agreed upon being made to PeKo-Pharm. PeKo-Pharm GmbH is to obtain with full entitlement the agreed brokerage fee. The fee entitlement arises also toward the principle, if the proposed candidate enters into a contractual relationship with an associated company, which is a direct or indirect interest.
Upon successful completion of the contract is a notification and accountability stating the actual gross remuneration including bonuses to inform PeKo-Pharm GmbH about the conclusion of the employment relationship between the client and proposed candidates, which are required to be made in writing within one week. Bonuses are not retroactive to reimbursement by PeKo-Pharm GmbH.
§3 EXPENSES AND OTHER ASSOCIATED COSTS
Additional charges and other incidental costs occurred within the contract and beyond the usual measures shall be agreed upon in advance with the client and charged separately. Travel costs and expenses for interviews will be settled directly between the customer and the proposed candidates.
PeKo-Pharm GmbH meets each mandate given in good faith and is entitled to use the highest standards of quality of work and commitment. The contractual agreement with PeKo-Pharm GmbH ends upon billing and begins again only with the beginning of a new contract.
§5 TERMS OF PAYMENT
The fee is to be paid 14 days after receipt of the invoice by the customer without deduction of the principal plus the statutory VAT.
PeKo-Pharm assumes no liability for mediated candidates in permanent employment nor for Interim managers/professionals employed in freelance projects.
The operations, as well as intervals in restructuring projects and final results shall be discussed at regular intervals with the client the acquitting PeKo-Pharm GmbH of damages.
All information pertaining to the parties of the respective business relationship, to be treated as confidential and may not be passed on to a third party. With initial contact, all information is to be treated as confidential and may only be used after consultation.
The services provided for the purposes of these Terms and Conditions are subject to German Law. Should any of the General terms and Conditions be invalid or unenforceable or become so, the validity of the remaining provisions shall remain unaffected. All additional agreements for any business relationships must be in writing. Place of fulfillment and jurisdiction is Munich, Germany.