Headers for Business, hereinafter referred to as the service provider, provides services in the field of talent and successor placement. The exact services and conditions are regulated in the respective individual contracts. These General Terms and Conditions apply to all services provided by Headers for Business for its clients.
The contract between Headers for Business and the client is concluded when Headers for Business accepts the client’s offer. Acceptance takes place by signing an individual contract or by written confirmation of the service by Headers for Business.
To cover the effort involved in reviewing and preparing service and contractual terms, a down payment of 2% of the total order value is due. This down payment is payable upon conclusion of the contract and will not be refunded if the client terminates the contract after the service has begun, unless there is a serious breach by Headers for Business.
4.1 If the client violates the duty of transparency and fails to disclose the parallel commissioning of another service provider, the service provider is entitled to terminate the contract with immediate effect. In this case, the client is obligated to pay a contractual penalty of up to a maximum of 2% of the order value. This contractual penalty serves as compensation for the breach of contract and is not cumulative with further claims for damages.
5.1 Headers for Business is only liable for damages caused by intentional or grossly negligent conduct by Headers for Business, its legal representatives, or vicarious agents.
5.2 For damages caused by simple negligence, Headers for Business is only liable if essential contractual obligations, also known as cardinal obligations, have been violated. In this case, liability is limited to the amount of the down payment already made or to the percentage share of the order value corresponding to the service already provided. Liability for lost profits or consequential damages is excluded.
5.3 The liability of Headers for Business for damages not based on intent or gross negligence is limited to the order value, but never higher than the down payment or the agreed percentage share of the order value.
5.4 Liability for indirect damages, consequential damages, lost profits, or damages caused by force majeure is excluded.
6.1 Headers for Business undertakes to treat all information obtained in the course of providing the service as confidential and not to make it accessible to third parties. This also applies after termination of the contractual relationship. The client likewise undertakes to protect confidential information of the service provider.
6.2 Both parties are obligated to anonymize all data and information received in the course of the service and to use it only for the intended purpose. This obligation also continues beyond the duration of the contractual relationship.
7.1 The contract may be terminated in writing by either party with a notice period of 10 days.
7.2 Fee claims already incurred by Headers for Business remain unaffected by termination.
8.1 The contractor complies with all requirements of the applicable data protection laws, in particular the GDPR.
9.1 Amendments and additions to these Terms and Conditions must be made in writing. This also applies to the waiver of the written form requirement.
9.2 Should individual provisions of these Terms and Conditions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
9.3 German law applies. The place of jurisdiction is the registered office of Headers for Business.
