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HR India Europe Gbr, Ettishoferstrasse 7 88250 Weingarten, Germany Version: 01.07.2025
These General Terms and Conditions apply to all contracts between HR India Europe (hereinafter referred to as the “Contractor”) and entrepreneurs, merchants, legal entities under public law or special funds under public law (hereinafter referred to as the “Customer” or “Client”). Any deviating or supplementary terms and conditions of the Client shall only become part of the contract if the Contractor expressly agrees to their validity in writing.
The Contractor shall provide – in accordance with the agreed offer – exclusively placement and recruiting services for skilled workers (recruitment, administrative support, relocation, onboarding, language courses). The customer shall provide all necessary cooperation services (information, documents, interviews, visa/recognition documents) completely and on time upon first request. If the customer fails to cooperate, the right to remuneration and any additional expenses remain unaffected.
The Contractor may employ vicarious agents or subcontractors to fulfil the contract. All content provided by the customer (e.g., photos, texts) must be free of third-party rights; the customer indemnifies the contractor against any third-party claims in this regard.
The contract is concluded by acceptance of the written or electronic offer. The offer, including the description of services, prices and payment terms, is binding for the contractor.
The remuneration depends on the chosen variant (standard or success model) of the offer. All amounts are subject to statutory VAT. Invoices are to be paid without deduction within seven (7) calendar days of receipt. In case of late payment, statutory default interest shall apply (Section 288 of the German Civil Code).
The duration of the contract is determined by the respective main contract or the service description. Ordinary termination is excluded. The right to extraordinary termination for good cause remains unaffected.
If the candidate placed is terminated prematurely by the employer or employee within three (3) months of the start of employment, the contractor will provide a replacement candidate of equivalent professional qualifications free of charge. Further reimbursements are excluded unless the contractor has breached its obligations through gross negligence or willful intent.
The contractor shall be liable without limitation for intent and gross negligence. In the case of simple negligence, liability is limited to the foreseeable damage typical for the contract and a maximum of the remuneration owed per candidate in the individual case. Liability for lost profits and indirect damages is excluded unless there is intent.
The parties process personal data in accordance with the GDPR. If necessary, a separate data processing agreement (Art. 28 GDPR) will be concluded.
Both parties undertake to keep all confidential information strictly confidential and to use it solely for the performance of the contract.
The customer receives a simple, non-transferable right to use all work results – subject to full payment. Distribution or processing by third parties is prohibited without written consent.
Changes to agreed start or trial dates are only permitted in exceptional cases and in consultation with HR India Europe. If a date is changed without consent, the full placement fee will be due. The contractor is not liable if the applicant withdraws or does not start the job if the client delays the start of the job by more than 45 days.
The client undertakes to decide in writing on acceptance or rejection within five (5) working days after the interview or trial period. If no response is received, the candidate is deemed accepted and the compensation is deemed earned.
Changes to the qualitative and professional requirements for candidates are only possible before the active search begins and only with the written consent of the contractor. Subsequent changes will require a separate compensation agreement.
In the event of short-term cancellation of interviews/trial work (< 72 hours), a processing fee of €250.00 net will be charged, unless there is an important reason.
The client must provide a written statement regarding the suitability of the candidates presented within five working days; otherwise, exclusivity and further alternative proposals will be lost; a compensation of €500 will be due.
Deviating individual agreements take precedence. Should individual provisions be invalid, the remainder of the contract shall remain valid.
Changes and additions must be made in writing. Place of performance and exclusive jurisdiction is [City of HR India Europe office]. German law applies exclusively.
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