These General Terms and Conditions (“GTC”) apply to all contracts and pre-contractual relationships between Aurelium Global Talent GmbH, Nibelungenplatz 3, 60318 Frankfurt am Main, Germany (“Aurelium”) and its customers (“clients”) for personnel placement, recruiting, and related support services (e.g., coordination of recognition/visa processes, onboarding and integration support), unless otherwise expressly agreed.
Any deviating, conflicting, or supplementary terms and conditions of the client shall only become part of the contract if Aurelium expressly agrees to their validity in writing.
Aurelium Global Talent GmbH
Nibelungenplatz 3, 60318 Frankfurt am Main, Germany
Email: info@aureliumgermany.com
Commercial register: Frankfurt am Main Local Court, HRB 141606
Managing Directors: Sunarlia Boesenberg, Florian Schuck
(1) Aurelium supports clients in the search, selection, and placement of qualified specialists, particularly from Indonesia, for employment in Germany.
(2) Depending on the agreement, this includes in particular:
(3) Unless expressly agreed as “work performance,” Aurelium owes a service within the meaning of §§ 611 ff. BGB (German Civil Code). A specific placement success or a specific number of hires is not guaranteed unless expressly assured in writing.
Unless expressly agreed otherwise, Aurelium's services are exclusively focused on personnel placement/recruiting. Temporary employment (AÜG) is not covered by the contract.
(1) Offers made by Aurelium are subject to change without notice unless expressly designated as binding.
(2) A contract is concluded by (a) written or text-based order confirmation from Aurelium, (b) signing of a brokerage/framework agreement, or (c) commencement of service provision by Aurelium at the request of the client.
(1) The client shall provide Aurelium with all information necessary for the execution of the contract in a complete, accurate, and timely manner (including job profile, working conditions, place of work, start date, required qualifications, shift/accommodation models, if applicable).
(2) The client undertakes to respond promptly to candidate proposals, interview appointments, and necessary document processes.
(3) The client bears sole responsibility for the correct structuring and implementation of the employment relationship in accordance with labor law (employment contract, remuneration, working hours, occupational safety, social security notifications, etc.).
(1) All profiles, documents, and information about candidates provided by Aurelium are confidential and may only be used for the purpose of considering potential recruitment.
(2) Disclosure to third parties (including affiliated companies, other locations, or franchisees/partners) is only permitted with the prior written consent of Aurelium, unless the client can prove that this is absolutely necessary for a specific position within its group of companies; in this case, Aurelium must be informed in advance.
(3) Anti-circumvention protection: If the client or an affiliated company (§ 15 AktG analogously) enters into an employment, internship, training, service, or freelance contract with a candidate introduced by Aurelium within 12 months of the initial introduction, this shall be deemed to be a placement via Aurelium and shall trigger the obligation to pay remuneration in accordance with Section 8, unless it can be proven that the contact already existed independently of Aurelium.
(1) The remuneration is based on the individual offer / agency agreement / framework agreement. Unless otherwise agreed, this is a performance-based agency fee (“success fee”).
(2) Placement is deemed successful if an employment or service contract is effectively concluded between the client (or an affiliated company) and a candidate presented by Aurelium, or if the candidate commences work, depending on what is defined as the success criterion in the contract. The written agreement in the offer/contract is decisive.
(3) Due date: The remuneration shall become due upon successful placement and shall be paid without deduction within 14 days of the invoice date, unless otherwise agreed.
(4) Additional services (e.g., recognition/visa coordination, training, relocation, integration, interpreting) will be charged according to the offer, either on a time and material basis or at a flat rate, if agreed upon.
Costs, fees, or expenses incurred by third parties (e.g., government fees, translations, recognition agencies, visa service providers, flights, accommodation, language courses, medical examinations) in connection with placement shall be borne by the client or the candidate in accordance with the contractual provisions in the offer/contract.
Aurelium will not bear such costs without an express written agreement.
In the event of late payment, the statutory provisions shall apply. Aurelium is entitled to charge interest on arrears and, if applicable, reminder fees, as well as to withhold further services until outstanding claims have been settled.
(1) Aurelium checks candidate information for plausibility to the best of its knowledge (e.g., resume, interview impression, documents, if applicable). No guarantee is given for the authenticity, completeness, or timeliness of information and documents, unless required by law.
(2) The client is obliged to check the suitability of the candidates on their own responsibility and to make hiring decisions themselves.
(1) Aurelium shall be liable without limitation in cases of intent and gross negligence, as well as in cases of injury to life, limb, or health.
(2) In cases of simple negligence, Aurelium shall only be liable for breaches of essential contractual obligations (cardinal obligations), limited to foreseeable damage typical for this type of contract.
(3) Any further liability is excluded. Liability under mandatory statutory provisions remains unaffected.
(1) The parties shall comply with the applicable data protection laws, in particular the GDPR and the BDSG.
(2) Insofar as Aurelium processes personal data on behalf of the client, the parties shall conclude an agreement on commissioned processing (Art. 28 GDPR) if necessary. Otherwise, the parties shall regularly act as independent controllers.
(3) Further information on data processing on the website is available in the privacy policy.
(1) The parties undertake to treat as confidential all business and trade secrets and other confidential information that becomes known to them in connection with the cooperation.
(2) This obligation does not apply to information that (a) is generally known, (b) has been lawfully obtained from third parties, or (c) must be disclosed due to a legal obligation or official/court order.
Aurelium may only name the client as a reference (name/logo) after obtaining prior written consent, unless otherwise agreed.
(1) Individual orders end upon completion of the agreed service or staffing, or upon termination of the order by notice of termination.
(2) Framework agreements shall run for an indefinite period unless otherwise agreed and may be terminated in writing with 30 days' notice to the end of the month.
(3) The right to extraordinary termination for good cause remains unaffected.
(4) If the client terminates the contract after receiving candidate profiles or after the start of service provision, any agreed expenses/services incurred up to that point shall remain billable, provided this is stipulated in the offer/contract.
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be Frankfurt am Main, provided that the client is a merchant, a legal entity under public law, or a special fund under public law. Aurelium shall remain entitled to bring legal action at the client's general place of jurisdiction.
(3) Amendments and additions to these General Terms and Conditions and to contracts concluded under their validity must be made in writing, unless a stricter form is required by law.
(4) Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.
(1) Aurelium acts as a placement and support partner for candidates/professionals. There is no entitlement to placement or a specific position.
(2) Candidates are obliged to provide all information (in particular qualifications, professional experience, documents, language skills) truthfully and completely and to notify us of any changes without delay.
(3) Employment contracts are concluded exclusively between the candidate and the employer. Aurelium does not become a party to the employment contract.
(4) Cost regulations (e.g., fees, travel, courses, recognition) are specified in individual agreements or program descriptions, where relevant.
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