GENERAL TERMS & CONDITIONS OF CONTRACT

The following General Terms and Conditions of Contract apply to all personnel consulting, consulting, planning, organisational, appraisal and coaching orders (“order” or “orders”) of the management and personnel consultancy Roosevelt & COMPAGNIE GmbH (hereinafter contractor – in short: "AT"). Deviating or additional conditions are non-binding for the contractor, even if he does not contradict them

The subject of all orders are services of the Contractor. The client (hereinafter referred to as "AG") is responsible for the successes he aspires to with the services of the contractor.

The service to be provided by the contractor is specified in the respective service offer. Changes, additions or extensions to the service require a special written agreement.

Performance dates and deadlines are, if they are not expressly designated as binding, non-binding planned dates and are mere estimates. In this case, the AG can request the AN two (2) weeks after the expiry of the non-binding period to deliver within a reasonable period. The Contractor shall only be in default if a reminder is sent at least in text form after this period has expired.

Unless otherwise agreed, the client receives a non-exclusive, non-temporal and non-local, transferrable right of use for performance results marked as such.

The Contractor can use third parties (e.g. consulting firms, market research institutes, researchers, etc.) to provide the contractual services.

In the case of personnel consulting orders, an agreed fixed fee is due as follows

• One third upon conclusion of the contract,
• One third in the case of a personal or written presentation of at least one candidate who corresponds to the profile specified by the client and with whom the client has agreed a further interview after the presentation ("candidate presentation") and
• One third upon conclusion of the employment contract between the client and a candidate, but no later than 30 days after the candidate's presentation.

For other orders, the fee is determined according to daily rates and billed at the end of each calendar month. Payments are due one (1) week after settlement.

All amounts are in EUR plus the applicable statutory sales tax, which is shown separately.

If the flat-rate billing of expenses has been agreed, all of the contractor's expenses are covered (e.g. travel expenses of the contractor), in the case of personnel consulting orders also travel expenses of the candidates for interviews with the contractor and for initial interviews with the client. Otherwise, the AG shall reimburse the AN for the necessary and proven expenses incurred by the AN in providing the services.

In this case, the necessity and scope of travel will be coordinated before the start of the trip.

Offsetting or exercising a right of retention against due claims is only possible for undisputed or legally established claims.

The contractor is liable without limitation for culpably caused damage to life, limb or health as well as for other damage caused intentionally or through gross negligence. The Contractor's liability for other damage caused by slight negligence, in particular due to breaches of obligations arising from the contractual relationship, is excluded unless the Contractor's main performance obligations are involved. In the event of a breach of such main performance obligations, the liability of the Contractor is limited to the damage typical of the contract, the occurrence of which the Contractor had to reckon with at the time the contract was concluded due to the circumstances known to him.

The customer can terminate an order at any time with a notice period of two (2) working days.
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The termination of an order must be in writing in order to be effective (e-mail is not sufficient, in contrast to a fax).

In the case of ordinary termination of a personnel consulting contract by the AG before the candidate presentation, the AG also pays the second third of the fixed fee, in the case of termination after the candidate presentation also the third third. In the event of ordinary termination of another order, the AG pays the agreed fee until the end of the contract.

The Contractor will treat essential and not generally known matters of the Client with the care customary in business life. Any further protection of particularly confidential information requires the conclusion of a separate confidentiality agreement. However, the Contractor can freely dispose of all ideas, concepts, know-how and techniques that have arisen, been developed or expanded by him within the framework of the contract.

The AN can include the name of the AG in a reference list for marketing purposes and announce that there is a business relationship with him and that this contract has been concluded with the AG; all other advertising references require the prior consent of the customer.

Changes and additions to these terms and conditions and an order must be in writing; this also applies to this written form clause itself.