Fox Rodney Search GmbH General Terms and Conditions
The following terms and conditions apply to all recruitment services rendered by Fox Rodney Search GmbH (“FRS”) for the client. The client accepts these general terms and conditions if (a) a candidate is introduced by FRS to him; or (b) he invites a candidate introduced by FRS to him for interview; or
(c) he offers employment or partnership to such candidate; or (d) he otherwise uses the services or information of FRS.
“Introduced” means the notification of any candidate’s details to the client by FRS in writing or verbally.
FRS will receive a fee from the client for the successful placement of candidates introduced to the client. The amount is based on the first year’s gross remuneration agreed between the client and the placed candidate (including bonuses, any other benefits or incentives etc) or on the projected first year’s gross remuneration of the candidate (including bonuses, any other benefits or incentives etc) FRS reserves the right to request supporting evidence of the remuneration agreed between the client and the placed candidate.
Upon successful placement of the candidate by FRS, FRS is entitled to a fee in the amount of 30% for counsel/of counsel/consultants/equity partners/salary partners/local partners/income partners/junior partners/contract partners or 25% for associates of the first year’s gross remuneration. The same fees will apply to further candidates who either move with the candidate or who, on the recommendation of the candidate, join the client within 12 months of the first candidate being placed by FRS.
A placement is deemed to have been successfully completed if an employment or partnership or consultant agreement has been concluded between the client and the introduced candidate.
Fees shall be payable by the client to FRS in respect of any candidate who is introduced by FRS to the client and is engaged or retained by the client within one year of either that introduction or the candidate’s substantive conversation with the client, whichever is later. The fee is, unless otherwise agreed, due for full payment within 14 days of receipt of invoice and excludes statutory value added tax (Umsatzsteuer).
Travel costs and expenses are only payable by the client if agreed in writing in advance between the client and FRS.
If a candidate placed by FRS terminates his employment/partnership agreement with the client for any reason whatsoever within the first six months from the start of his employment/partnership with the client, FRS will repay the fee to the client as follows: month one, two and three: 100% of the fee, month four: 50% of the fee, month five: 30% of the fee and month six 20% of the fee. No refund will be made after month six. Prerequisite for a repayment is that (a) the fee has been paid in full by the due date and (b) the client has informed FRS in writing about the termination of the candidate’s employment/partnership agreement within seven days after the termination has taken place.
The client undertakes to provide FRS with all the information necessary to carry out the assignment in good time and to inform FRS of all procedures and circumstances which may be of importance for the successful execution of the assignment.
FRS are authorised to process personal data entrusted to them within the scope of the assignment. All legal provisions on data protection will be fully observed.
The client undertakes to maintain confidentiality with regard to candidates introduced by FRS to the client and not to pass on any information about the candidates introduced to any other subsidiary, law firm and/or company. If information on introduced candidates is passed on to other subsidiaries, law firms or companies and the candidate originally introduced by FRS is hired by any of the above mentioned third parties, the assignment is deemed to have been fulfilled and the fee is due in full by the client.
If a candidate is introduced by FRS who has already applied directly to the client and is still in an active, ongoing application process, the client will immediately inform FRS about this; in this case no fee will be payable if the respective candidate is recruited by the client.
If a candidate has been introduced to the client other than by FRS and expressly advises the client that he wishes to proceed with his application through FRS, then a fee will be payable on any placement as if FRS had introduced that candidate and these terms shall apply.
FRS shall not be liable for damages caused by incorrect information which is provided to the client about any candidate placed, for example by means of forged reports or diplomas, unless the cause of the damage is due to intent or gross negligence on the part of FRS. FRS is prohibited from providing legal advice.
FRS undertakes to maintain strict confidentiality with regard to all known client business matters, or any that become known. This obligation to confidentiality also applies beyond the end of the assignment. All details concerning the candidate are provided to the client in strictest confidence and shall not be disclosed to any third party.
If parts of these general terms and conditions are invalid or contradict applicable law, this shall not affect the validity of the remaining provisions.
The place of jurisdiction of these general terms and conditions is Munich, Germany and German law shall be applicable.
Fox Rodney Search GmbH