General Terms and Conditions of Backerstaete Executive Search

1. These General Terms and Conditions apply to all offers, assignments and agreements of Backerstaete Executive Search, hereinafter referred to as Backerstaete, relating to executive search and commissioned consulting in the recruitment and selection of personnel.

2. These conditions also apply to future client assignments, unless different provisions have been confirmed in writing by Backerstaete to the client. An agreement relating to the services referred to in article 1. is in any case deemed to have been effected if Backerstaete introduces a candidate to a client by sending a curriculum vitae and/or if an interview between a candidate and client takes place. Acceptance of an introduction therefore implies acceptance of the General Terms and Conditions.

3a. A candidate is deemed to have been introduced to the client after the client has received his/her curriculum vitae from Backerstaete, or when the candidate has been orally introduced by Backerstaete.

3b. For any candidate introduced by Backerstaete and appointed by the client, including for a position other than that for which the original assignment was given, the client owes Backerstaete the full fee - 29% (unless otherwise agreed) of the gross annual salary
(including fringe benefits, gratuities, bonuses, tantièmes, profit sharing, bonus etc)
.

3c. If Backerstaete Executive Search has entered into a Recommended Suppliership with a client, internally rejected candidates will not be introduced to other units within the client's organization.

4. If the client and candidate reach agreement on employment, the client must inform Backerstaete accordingly within one week of agreement and submit the contract signed by all parties to Backerstaete.

5a. A fee will be set in advance for each assignment (fixed price).

I. Regardless of the method of service agreed upon, a fixed fee applies, depending on the nature and complexity of the assignment.

II. The fee is split into three equal parts (installments):
the first part is due at the start of our work as a fixed fee;
the second part upon the introduction of one or more candidates;
after which the last part is invoiced on the date of the candidate's signing of the employment contract or appointment letter.

III. In case advertising recruitment is agreed upon as a method, advertising costs based on the applicable loose mill rate will be charged to client at the start of the assignment.

IV. Travel expenses of candidates and foreign travel and accommodation expenses of Backerstaete will be charged.

If new and/or follow-up orders are not otherwise agreed upon, the previously agreed upon terms and conditions will apply.

5b. By gross annual income Backerstaete means all fixed income components, such as gross annual salary, vacation pay, net expense allowances, additional taxable value of the car, commission, guarantee commission, fixed profit distributions and bonuses. Unless otherwise stipulated, the additional taxable amount of the car is €3,180.

5c. If the said employment is a part-time position, the fee shall be calculated on the basis of a full working week, as is customary with the client.

6. Should the client nevertheless appoint one or more candidates introduced orally or in writing by Backerstaete, but not accepted by the client, within two years of the date of the assignment, the client is obliged to notify Backerstaete and the client will owe Backerstaete the full fee.

7. If the candidate selected by Backerstaete is no longer employed by the client within the legally permitted probationary period after employment, Backerstaete will recruit and select a new candidate provided the client has fulfilled its payment obligations from the first assignment.

8. Client shall pay within 14 days of invoice date. Claims must be submitted to Backerstaete in writing within 8 days of the invoice date. After this period, the client is deemed to have accepted its payment obligation.

9. If the term of payment is exceeded, Backerstaete is entitled to charge default interest of 1.5% per calendar month. If the client remains in default of payment even after the reminder, Backerstaete is entitled to charge all (extra-)judicial collection costs with a minimum of € 227.

10. An assignment to recruit and select is a best-efforts obligation. The decision to enter into an employment contract with a selected candidate remains the responsibility of the client. Backerstaete excludes any liability for the consequences of the actions or omissions - including consequential loss - of candidates who have entered into employment with the client partly as a result of carrying out the assignment.

11. In the situation where the client modifies the profile for a particular engagement agreement, which modification does not consist of an expansion of the profile, the engagement agreement, for which the original profile was written, is deemed to be terminated. Client will then owe the terms as described in the quotation. Backerstaete and client will be deemed to have entered into a new assignment agreement, the content of which will be determined by the original quotation issued and signed, taking into account the amended profile and any amended agreements agreed in writing by the client and Backerstaete. The new agreement shall be deemed to have been issued with the client's acceptance of the amended profile.

12. Client is entitled to terminate the assignment contract prematurely. However, the client will owe the fees for the phase(s) then in progress and completed in accordance with the offer as well as a cancellation fee of 10% of the expected gross annual income for the position in question.

13. If, exceptionally, a search assignment on a 'no cure no pay' basis is agreed with Backerstaete which is withdrawn by the client after some time, then, if a withdrawal takes place- as a result of internal developments (mergers/restructures/vacancy freeze/internal candidate/candidate from own network/client places an advertisement itself after the assignment has been given etc)-, a first instalment of 10% of the gross annual salary including secondary Conditions of Employment (vacation pay, bonus, gratuities, 13 the month etc) will be charged. Article 7 does not apply to a 'no cure no pay' assignment.

14. If the vacancy is put on hold for at least two months, Backerstaete is entitled to charge you an additional installment.