General Terms and Conditions of HeadAdvice International GmbH and its cooperation partners

§1 Definition of terms

HeadAdvice International GmbH is an international human resources consultancy that offers its clients services in the fields of: recruiting of specialists and managers, employer branding, management development, leadership management, career development and placement.

Cooperation partners are legally and economically independent human resources consultants or human resources consultancy companies that conduct business on their own account and at their own economic risk. As part of the cooperation these partners are active on the market under the brand name “HeadAdvice Partner” followed by their company name.

This cooperation guarantees a common understanding of processes and methods that are based on those of the Federal Association of German Business Consultants (BDU).

Hereafter, HeadAdvice International GmbH and/or the cooperation partners “HeadAdvice” and their clients and/or candidates will be referred to as the “contractual partner”.

§2 Scope

  1. These General Terms and Conditions apply to all contractually agreed services that HeadAdvice provides to its contractual partners.
  2. The General Terms and Conditions of HeadAdvice apply exclusively. Terms and conditions deviating from these are not valid unless HeadAdvice has given its explicit agreement in written form. This also applies to services provided without any reservation in awareness of conditions to the contrary or conditions of the client deviating from our terms and conditions of business.

§3 Contractual object / scope of services

  1. The services to be provided by HeadAdvice result from the written agreement and the associated appendices which were concluded between HeadAdvice and the contractual partner. Changes and additions are to be agreed in writing. Verbal ancillary agreements are to be considered invalid.
  2. The service provider is always that company within HeadAdvice that concludes the contract.
  3. Upon request, HeadAdvice undertakes to provide the contractual partner with information about the status of the assignment. If it is necessary to write a written report, in particular for submission to third parties, this will be invoiced according to expenditure insofar as this is not governed by the written agreement.
  4. Changes or supplements required by the contractual partner will be charged by HeadAdvice to the extent that this is operationally feasible on the part of HeadAdvice. Any additional costs that arise, insofar as these are not already defined in the agreement, shall be borne by the contractual partner. Before commencing the work, the scope and the resulting additional costs are to be agreed in accordance with Section 2 Paragraph 2.

§4 Duty of active participation on the part of the contractual partner

  1. The contractual partner will make every effort to support HeadAdvice in the interests of maintaining a working relationship based on mutual trust, and do everything in its sphere of influence to ensure that the assignment can be carried out correctly and successfully. This applies, in particular, to the punctual and extensive provision of all important documents and information required to carry out the assignment as well as the timely assessment of the candidates presented.
  2. The contractual partner undertakes to inform HeadAdvice immediately if circumstances arise within its sphere of influence that could put the correct and successful performance of the assignment at risk.
  3. The contractual partner undertakes to inform HeadAdvice immediately if a candidate who was presented during a recruiting project but not employed during this project is employed at a later point of time – within 12 months – after being presented for the first time.

§5 Remuneration / period of payment

  1. The remuneration for the services provided will be calculated and invoiced according to the written agreement.
  2. All invoice amounts are exclusive of the current statutory sales tax.
  3. Payments are to be made within 14 days of the invoice date. Deviations therefrom must be agreed in writing.

§6 Travel expenses

  1. Journeys made on behalf of the contractual partner are to be communicated to HeadAdvice in writing.
  2. The following rates apply to journeys made in accordance with Section 6, Paragraph 1:
    • Car: €0.75 per kilometre travelled
    • Train: second class for journeys under 3 hours, first class for journeys over 3 hours
    • Air travel: Economy Class within Europe, Business Class for international flights
    • Overnight stays, taxis, train journeys, flights, telephone, parking tickets, etc. according to receipts
    • The journey time will be charged at 50% of the corresponding hourly rate.
  3. If the contractual partner invites candidates to an interview, the claim for travel expenses will be processed directly between the contractual partner and the candidate.

§7 Data protection and confidentiality

  1. During the recruiting project candidates will be presented to the contractual partner for selection purposes. This is generally accomplished by sending a link with which the contractual partner can download and save the corresponding dossier and, if relevant, additional documents pertaining to the candidate. Alternatively, the candidate may be presented by sending a dossier in the form of a PDF document by e-mail.
  2. The provision of a dossier by means of a link or by e-mail takes place exclusively within the scope of a project and only with the express consent of the candidate in question.
  3. The documents provided may only be used to evaluate and rate the professional suitability of each candidate.
  4. The contractual partner undertakes to treat the documents provided as well as all data contained therein as confidential and to observe the corresponding data protection regulations. They may not be passed on to third parties and must be carefully protected against unauthorised access.
  5. All publications or job postings for the recruitment of suitable candidates undertaken within the context of the project are to be carried out without naming the contractual partner, unless this is expressly agreed with the contractual partner in advance.
  6. The contractual partner and HeadAdvice agree not to disclose the nature of the project or the contents of the contractual agreement. This agreement and all other documents created, exchanged and/or already existing within the framework of the project may not be made available to third parties.

§8 Data received

  1. Persons who send HeadAdvice personal data and/or documents as part of an online application or by e-mail consent to the electronic processing, storage and use of this information on the part of HeadAdvice until further notice.
  2.  HeadAdvice is permitted to contact the registered candidates by telephone or in writing in order to inform them about the status of the application process and, if relevant, to suggest alternative job vacancies.
  3. Upon request, registered candidates can receive information about data concerning their person stored by HeadAdvice at any time and can revoke their consent to the storage of their data at any time. To do this, simply send an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it..

§9 Force majeure

  1. Events beyond the control of either party (force majeure), which make it substantially more difficult or temporarily impossible to provide the service, entitle both the contractual partner and HeadAdvice to postpone the provision of the service for the duration of the impediment plus a reasonable start-up period.
  2. Force majeure shall be equated to industrial disputes and similar circumstances inasmuch as they are unforeseeable, grave and beyond the reasonable control of the party whose performance is affected.
  3. The parties are to inform each other about the occurrence of such circumstances immediately.

§10 Termination of the agreement

  1. Either party can terminate the agreement between the contractual partner and HeadAdvice for good cause at any time without notice.
  2. The termination of the agreement with due notice is possible with a period of notice of a minimum of one month to the end of a month. The timeliness of the termination notice depends on the date of receipt by the recipient. Existing claims or claims arising after termination of the agreement due to services provided within the period of the original contract shall remain unaffected.
  3. The termination notice is to be in writing.

§11 Liability

  1. HeadAdvice only accepts liability in cases of intent or gross negligence. Furthermore, HeadAdvice accepts liability in the case of a violation of a major contractual obligation (cardinal obligation) caused by simple negligence. The liability for simple negligence leading to a violation of a cardinal obligation is, however, restricted to those damages foreseeable and typical for the type of services agreed upon.
  2. Under no circumstances will HeadAdvice accept liability for unforeseeable damages, lack of economic success, indirect or consequential damages – especially financial losses – and damage from third-party claims, especially for intent, inasmuch as these are not statutorily prescribed.
  3. The aforementioned limitations of liability apply in the case of fault of an assistant of the provider.
  4. With respect to culpable injury to life, limb or health of a natural person, HeadAdvice also accepts liability for only simple negligence irrespective of the above-mentioned restrictions. Furthermore, HeadAdvice accepts liability insofar as this arises out of mandatory statutory regulations.
  5. HeadAdvice accepts liability solely for the correct conveyance of the information given by the respective job candidate, not, however, for the correctness of the content of the information given.
  6. HeadAdvice accepts no liability for any possible disadvantages or damages on the part of the contractual partner which occur or could occur due to the vacancy at the contractual partner remaining unoccupied.
  7. HeadAdvice accepts no liability for any possible disadvantages or damages on the part of the candidate which occur or could occur because he/she is not selected for the vacancy and subsequently employed by the contractual partner.
  8. In all other cases the statutory provisions apply.

§12 Final provisions /place of jurisdiction

  1. The parties agree that HeadAdvice is not authorised to negotiate in the name of the contractual partner.
  2. Changes or additions to these General Terms and Conditions are only valid if agreed in written form. This applies also for the annulment of this written form clause. Verbal ancillary agreements are to be considered invalid.
  3. If individual provisions of the conditions of these General Terms and Conditions are or become invalid, the validity of the remaining conditions shall not be affected thereby. The contractual parties are obliged to make all reasonable efforts in good faith to substitute any ineffective provision with a valid clause of equivalent material and economic effect.
  4. This contract and any disputes arising therefrom are governed by the legislation of the Federal Republic of Germany. The place of jurisdiction for any disputes arising from this contract is to be Munich, Germany.

Munich, 01/02/2017