Terms & Conditions

§ 1 Scope and Subject of Agreement

ACCELERATE YOU Executive & Talent is a brand and business unit of ACCELERATE YOU GmbH (hereinafter "ACCELERATE YOU") and provides cross-industry recruitment consulting services, in particular the placement of specialists and executives.

These General Terms and Conditions apply to all contracts between ACCELERATE YOU and its clients (hereinafter "Client"), unless expressly agreed otherwise in writing.

§ 1a Definitions

A presented candidate is any person whom ACCELERATE YOU has introduced or made accessible to the Client by name or in any other identifiable manner within the scope of an engagement.

Affiliated companies are companies affiliated with the Client within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG), as well as companies in which the Client or its shareholders directly or indirectly hold a majority interest or which are controlled by them.

Hiring or employment encompasses any contractual engagement of a presented candidate, in particular permanent employment, freelance work, consultancy, and board or shareholding relationships.

§ 2 Scope of Services

ACCELERATE YOU provides the following services in particular:

• Direct placement and direct approach of candidates
• Identification of suitable candidates via network, database and direct approach
• Conducting interviews (by phone or in person)
• Presentation of suitable candidates
• Optional: Job advertising and employer branding measures

The specific scope of services is determined by the individual agreement with the Client.

ACCELERATE YOU does not owe a specific placement success but provides services in the sense of a service contract.

§ 3 Service Models

ACCELERATE YOU offers the following compensation models:

• Success-based model: Compensation exclusively upon successful conclusion of an employment contract.
• Retainer model: Partial compensation upon engagement, remaining compensation upon successful placement.
• Thirds model: 1/3 upon engagement, 1/3 upon presentation of qualified candidates, 1/3 upon contract conclusion.
• Daily rate model: Consulting and support services on a daily basis, particularly for interim recruiting or process consulting.

§ 4 Fees

4.1 Placement Fee

The fee is generally 30% of the gross annual target salary (GATS) of the placed candidate.

The GATS includes:

• Fixed salary
• Variable compensation components (bonus etc.)
• Benefits in kind

A company car is calculated at a flat rate of EUR 10,000.

For follow-up projects, an individual fee may be agreed (minimum 28%).

For multiple placements within a mandate, the fee is at least 27% of the GATS per additional hire.

The fee claim arises separately for each presented candidate. This also applies if the mandate originally provided for filling only one position, but the Client hires or employs more than one presented candidate.

The fee claim arises regardless of the position, function, or type of contract for which the presented candidate is won.

Hiring or employment by an affiliated company is equivalent to hiring by the Client and triggers the fee claim in the same manner.

§ 4.2 Due Date

The fee becomes due upon signing of the employment contract by the candidate, unless otherwise agreed.

§ 4.3 Candidate Presentation

The fee also arises if a candidate hired or employed by the Client or a company affiliated with the Client:

• was previously presented by ACCELERATE YOU,
• is hired within 12 months of introduction, or
• was initially rejected by the Client and is hired or employed within 12 months of introduction by the Client or an affiliated company.

The Client shall ensure that affiliated companies to whom it makes a presented candidate accessible are bound by these conditions, and shall be liable for their compliance.

§ 4.4 Job Advertising

A fee of EUR 1,500 plus VAT is charged for the creation and placement of job advertisements.

§ 4.5 Travel Expenses

Travel expenses are invoiced as follows:

• Car: EUR 0.60/km
• Train: 1st class
• Flight: Business
• Hotel and incidentals: at cost

Candidate travel expenses are generally to be settled directly between the Client and the candidate.

§ 5 Guarantee / Replacement

Success model: If a candidate leaves within 3 months of joining for reasons not attributable to the Client, a free-of-charge replacement search will be conducted for a maximum of 6 months.

Retainer/Thirds model: The replacement applies within the agreed probationary period.

Prerequisites:

• Written notification
• Substantiated justification

There is no entitlement to a refund.

The replacement guarantee does not apply if the employment relationship is terminated by the Client or at the Client's instigation and the candidate is rehired or re-employed by the Client or a company affiliated with the Client within 12 months. In this case, the fee claim remains in full; there is no entitlement to replacement.

§ 6 Client Obligations

The Client undertakes to:

1. Cooperation obligations

• Provide complete and truthful information
• Give timely feedback (max. 14 days) on candidates
• Notify changes to the search profile without delay
• Inform ACCELERATE YOU without delay as soon as the Client or a company affiliated with the Client enters into a contractual relationship with a presented candidate – regardless of position, timing, or any prior rejection.

In the event of material changes, ACCELERATE YOU may reassess the mandate.

Changes or extensions to the subject matter of the engagement (in particular role, requirement profile, location, or remuneration) require written form. Services already rendered remain chargeable; a change to the engagement does not affect existing fee claims.

2. Confidentiality and data protection

All candidate profiles must be treated as strictly confidential.

In particular, the following is prohibited:

§ 6 Client Obligations (continued)

• Disclosure to third parties
• Use outside the specific application process

Data processing may only take place in accordance with the GDPR.

In the event of a breach: immediate termination of cooperation and immediate payment of the agreed fee.

3. Deletion of data

The Client undertakes to delete candidate data no later than 3 months after conclusion of the process.

§ 7 Client Protection

ACCELERATE YOU undertakes not to actively recruit employees of the Client for a period of 12 months after completion of a mandate.

§ 8 Liability

ACCELERATE YOU is liable:

• Without limitation in the case of intent and gross negligence
• In the case of simple negligence, only for breach of material contractual obligations (cardinal obligations)
• Limited to the foreseeable damage typical of the contract

Liability for the Client's selection decisions is excluded.

§ 9 Jurisdiction and Applicable Law

German law applies.

The place of jurisdiction for merchants and legal entities is Monheim am Rhein.

§ 10 Severability Clause

Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall apply in place of the invalid provision.

§ 11 Final Provisions

The cooperation is based on trust, professionalism and long-term partnership.