​General Terms and Conditions

Preamble

These General Terms and Conditions govern the contractual relationship between PAPE Consulting Group AG (hereinafter “PAPE”) and its customers. They apply to all services in the context of personnel consultancy, in particular executive search, direct placement, interim mandates, career coaching and outplacement. Depending on the type of customer – business (B2B) or consumer (B2C) – the respective provisions apply. The current version of the General Terms and Conditions shall apply.

Part A – General Terms and Conditions for Businesses (B2B)

1. Scope of application

These General Terms and Conditions apply to all contracts between PAPE and businesses within the meaning of Section 14 of the German Civil Code (BGB). Deviating terms and conditions of the customer shall only apply if PAPE has expressly agreed to their validity in writing. The General Terms and Conditions also apply to future contracts without the need for ruther notification.

2. Conclusion and execution of contract

The consulting assignment is agreed individually in writing. Verbal ancillary agreements must be confirmed in writing. The customer undertakes to provide PAPE with all information required for the fulfillment of the contract. The final assessment of the suitability of a referred candidate is the responsibility of the customer.

3. Fees

If no individual fee agreement is made, the fee amounts to 1/3 of the agreed gross annual salary of the referred candidate (including all variable components on target achievement).
The fee is also payable:

1. if a contract is concluded with the candidate within 12 months of their introduction,
2. in the event of subsequent conclusion of the contract after initial rejection,
3. if the employment contract is terminated before start of employment.

Expenses and travel costs incurred in connection with interviews or projects will be invoiced separately to the customer by agreement. If the customer terminates the project prematurely, the next fee level will be charged.

4. Due date and invoicing

Invoices are due for payment immediately upon receipt without deduction. PAPE usually sends invoices electronically in PDF format by email.

5. Warranty

If a candidate placed by PAPE resigns within the first six months of starting work or does not take up the position, PAPE will endeavor to find a replacement candidate – free of charge, but plus the actual material costs incurred. The prerequisite for this is that the reason for termination is not due to misconduct by the customer.

6. Warranty exclusion

The warranty does not apply to:

• breach of contract by the customer,
• changes to the search profile or contract terms,
• Search requests in which only incoming applications from a job advertisement are forwarded unfiltered (i.e. without pre-screening, selection or personal evaluation by PAPE).

In the case of ad-based searches with structured pre-screening, a warranty can be granted if this has been expressly agreed in the individual contract. The prerequisite for this is that the selection is made by PAPE on the basis of defined criteria and that the presentation to the customer is actively made by PAPE.

7. Confidentiality/data protection

Both parties undertake to treat all information received as confidential. PAPE processes personal data of candidates exclusively for the purpose of carrying out the respective consulting or placement assignment. This includes, in particular, the suitability assessment, presentation to the customer and communication with the candidate. Information will only be disclosed to third parties with prior consent. Further information can be found in the privacy policy at Data protection declaration.

8. Liability

PAPE shall only be liable in cases of intent or gross negligence. No liability is assumed for selection decisions or the conduct of referred candidates. Similarly, no warranty is given for the suitability or success of an application.

9. Place of jurisdiction/Choice of law

German law shall apply. The place of jurisdiction is the registered office of PAPE in Munich.

Part B – General Terms and Conditions for Consumers (B2C)

1. Scope of application

These provisions apply to contracts with consumers (Section 13 of the German Civil Code (BGB)), in particular for career counseling, application coaching, resume optimization, purchase of e-books and outplacement services.

2. Conclusion of contract/Cancellation

Contracts are concluded in writing, by email or via online forms. Consumers have a statutory right of withdrawal. Instructions on this can be found at Withdrawal Policy for Consumers.

3. Services

PAPE provides coaching and consulting services to the best of its knowledge and belief. A specific success – such as a successful application or placement – is not guaranteed.

4. Remuneration/Terms of payment

The prices are based on the booked package or individual offer. Payments shall be made in advance or as agreed. For cancellations less than 48 hours before the appointment, the full fee may be charged.

5. Liability

Statutory liability remains unaffected. Liability for failure to achieve professional goals is excluded.

6. Data protection

PAPE processes personal data exclusively within the scope of the services commissioned . No information will be disclosed to third parties without express consent. Further information on data processing, data subject rights and storage can be found in the privacy policy at www.pape.de/datenschutz.

7. Storage of the contract text

The contract text is stored electronically and made available to the customer by email. Permanent online access is not provided.

8. Place of jurisdiction/Choice of law

German law shall apply. The place of jurisdiction is the consumer’s place of residence.

Final provisions (for both parts)

Should individual provisions of these General Terms and Conditions (GTC) be invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid clause, an effective provision shall be deemed to have been agreed that comes as close as possible to the economic purpose of the
original provision. The customer may only be named as a reference – for example on the website or in presentations – with the prior written consent. For cross-border projects, individual contractual provisions apply in addition, in particular with regard to tax and labor law regulations.