General Terms an Conditions

  1. General Information
    • Only the following terms and conditions apply for all personnel consulting mandates concluded with amx consulting. They shall be seen as a complement to the individually featured contract offer for each project. Differing terms and conditions are only valid if agreed in written form. If particular parts of the terms and conditions are modified, this does not affect the other parts of the terms and conditions and they remain valid.

  2. Confidentiality
    • According to the Federal Data Protection Act, amx consulting is obliged to follow the data secrecy and thus to be concealed. Data and information relevant to clients are not being passed on as far as not agreed and necessary for the performance of the mandate. amx consulting guarantees definite confidentiality to their clients.

  3. Applicants / candidates
    • Applicants respectively candidates are only presented to clients after giving their agreement. Employees of the client are not entitled to pass on any information, documents or knowledge about the applicant to a third party or to present the candidate to a third party without agreement by amx consulting.
    • amx consulting reimburses travelling expenses on behalf of the client which incurred in conjunction with job interviews. German Rail: 2nd class, car 0,30 €/km, flights and hired cars only in coordination with consultants of amx consulting.
    • A placement of the candidate at a client effected by amx consulting is free of charge for the applicant.

  4. Clients
    • Contracts between amx consulting and the client come into existence by assumption of the performance by amx consulting (e.g. introduction of applicants by amx consulting) or by countersignature of offers, order confirmations and contingency fees or with the written placing of order by the client. Withdrawals on both sides are only valid in written form. In such a case only those fee- and incurred expenses accrued until the moment of termination of the contract are charged.
    • The client commits himself to pay the individually negotiated compensation in case of placement of an applicant introduced by amx consulting
    • If such compensation has not been negotiated, the fee of amx consulting amounts to three monthly salaries (25% of annual target compensation) of the placed candidate plus VAT and travelling expenses. The named contingency fees are also valid if the presented candidate is being placed in another position than first provided within 24 months.
    • In case of resignation within the first 6 months either on the part of the candidate or the company (exempted from dismissals due to loss of job, reorganisation, takeover, fusion or change of the candidates’ job description) amx consulting guarantees the search for substitution. No additional costs for the client will occur except for potential material - and travelling expenses which will be settled with the client priorly.
    • The client himself is responsible for examining the aptitude and the references of the candidate. amx consulting gladly supports this process but does not safeguard neither implicitly nor explicitly.
    • The client is not entitled to pass on any documents of the candidate to affiliates or a third party without agreement of amx consulting.

  5. Terms of payment
    • Invoices of amx consulting are due net without deduction immediately at receipt. In case of delayed payment amx consulting is entitled to charge the resultant costs. All fees are net plus VAT.

  6. Compensation
    • amx consulting does not assume liability if no suitable candidate can be found within a contingently negotiated contract period.
    • Compensation claims principally confine to the value of the consulting fee paid to amx consulting for this mandate. A raising of compensation claims because of default, impossibility of performance, positive violation of a contractual duty, fault when the contract is concluded, unlawful acts and because of any other legal cause towards amx consulting is excluded as far as the damage was not caused due to studied or reckless negligent action on part of amx consulting.

  7. Place of jurisdiction
    • Place of jurisdiction and performance is Bochum. Only German Law is valid.

  8. Salvatorious Clause
    • If any provision of these conditions or any provision within other agreements is or becomes void it shall not in any way affect any other clauses or agreements of these conditions.