Intrenion’s client terms & conditions are part of its client contracts.
- § 1 Description of services and scope
- § 2 Conclusion of contract
- § 3 Successful placement
- § 4 Intrenion‘s rights and obligations
- § 5 General obligations of the recruiter
- § 6 Specific information obligations of the recruiter and contract penalty
- § 7 Account
- § 8 Fees & terms of payment
- § 9 Rights of use
- § 10 Suspension and deactivation of the recruiter account and paid services
- § 11 Contract duration, termination and deletion of the recruiter account
- § 12 Warranties
- § 13 Liability
- § 14 Indemnification
- § 15 Modification of the terms and conditions
- § 16 Transfer of contract
- § 17 Final provisions
§ 1 Description of services and scope
- Intrenion UG (haftungsbeschränkt), Alemannenallee 2, 14052 Berlin (hereinafter "Intrenion") is the provider of a database in the form of a web application, available via intrenion.com (hereinafter "online service"). The database provides profiles of international, prequalified recruitment candidates who are available for employment opportunities (hereinafter "candidates").
- The chargeable service aims to support employing companies and recruitment firms (hereinafter also jointly referred to as "recruiters") to find suitable candidates for vacancies in the Company or the company of the recruitment firm’s client (hereinafter "online services"). When Intrenion has successfully placed a candidate with the recruiter, Intrenion further supports the recruiter during the hiring process as well as the employment process (e.g., visa procedures, relocation, etc.) (hereinafter "offline services"). The online and offline services are hereinafter also jointly referred to as "services".
- The services are provided and may be used exclusively on the basis of these Terms and Conditions unless expressly agreed to otherwise and in writing. The validity of the recruiter‘s supplementary or deviating General Terms and Conditions is hereby ruled out.
§ 2 Conclusion of contract
- Intrenion provides an online form on the website, through which the recruiter can send a non-binding inquiry. Intrenion will then (or in response to a request in any other form) send a contractual offer to the email address provided. Intrenion is bound by its contractual offer for 2 weeks after the offer has been sent.
- An agreement with Intrenion only comes into force once the recruiter expressly confirms the conclusion of the agreement to Intrenion in text form (e.g., by email or via a digital signature using a digital signature tool, the choice of which is solely at the discretion of Intrenion).
§ 3 Successful placement
- The parties agree that a contract signed by the employing company and the candidate shall be deemed to be a successful placement, irrespective of whether, and if so for what reason, it is rescinded, terminated, or modified in any way at a later date.
- A successful placement shall also be deemed if a recruiter, his/her employees, the company he/she is working for, or one of the company‘s employees passes any candidate information from the online service to any other company and the candidate signs an employment contract with this third-party company.
- No successful placement shall be deemed if the recruiter can prove that he/she was already in contact with the candidate in relation to filling the vacant position before the candidate was listed in the online service by Intrenion, or that the employing company made contact with the candidate without the recruiter being involved and without using any information received via the database.
§ 4 Intrenion‘s rights and obligations
- Intrenion will provide the recruiter with the online service for use by providing an online service with profiles of international, prequalified recruitment candidates via a web application, to be searched for suitable candidates by the recruiter independently. The use of the online service is non-exclusive. Intrenion is entitled to offer its services, especially the use of the online service, to other recruiters from the same industry.
- The online service contains profiles of international, prequalified recruitment candidates, which Intrenion carefully selects to the best knowledge and belief. Intrenion is under no obligation to subject the candidates to an assessment or to verify their documents, knowledge, or skills.
- Intrenion will endeavor to assist the recruiter in the search to a reasonable extent and during normal office hours with reasonable response times (e.g., by answering questions regarding the use of the web application). Intrenion shall not establish contact nor participate in or take over the communication between recruiters and candidates.
- The scope of the support services with regards to visa processes includes
- In the case that the candidate does not have a valid visa to work within the destination country yet, Intrenion supports the recruiter or employing company during the visa process in cooperation with an external visa firm that specializes in visa support services.
- The choice of a suitable visa firm to perform any services regarding the visa process is solely at the discretion of Intrenion.
- Intrenion and the cooperating visa firm will strive for a positive outcome of the visa process. However, the successful completion depends on a variety of factors and therefore cannot be guaranteed and is not owed.
- Unless explicitly agreed otherwise, the visa support services do not include:
- visa support for others than the candidate (e.g., family members, partner, parents);
- visa extension/change/renewal;
- personal accompaniment (e.g., appointments at the immigration office) or telephone consultation of candidates.
- The scope of the support services with regards to relocating includes
- After successful completion of a visa process, Intrenion will assist the candidate in relocating to the employer’s location if they are not already located where the workplace is.
- The selection of an adequate relocation firm to perform any relocation services is solely at the discretion of Intrenion.
- Unless explicitly agreed otherwise, the relocation support services do not include:
- Home search viewings (e.g., research for housing; communication with landlords, arranging viewings, application for apartments);
- Housing setup (e.g., rental contract negotiation, registration of utilities).
- For some of the offline services, online registration with one of the partners may be required. In this case, the partner's terms and conditions and data protection information also apply.
- Intrenion will endeavor to continuously update and develop the online service to adapt it to technological progress and eliminate errors. Intrenion reserves the right to make changes to or entirely discontinue unnecessary website functions at any time.
- Maintenance, updates of, and modifications to the website, and/or the online service may result in an online service usage impairment or disruption.
§ 5 General obligations of the recruiter
- The recruiter will use the website, online service, and all information received via the services of Intrenion exclusively within the scope of the purpose of the contract. In particular
- the recruiter alone is responsible for ensuring that its processing of any information (especially personal data of potential candidates) collected via the Intrenion services and database is in compliance with the law, especially applicable data protection rights (e.g., DSGVO, BDSG). The recruiter promises to observe the laws applicable to the processing of data and to ensure that no third-party rights (e.g., privacy rights) are infringed;
- the recruiter further assures that he/she has the necessary rights of processing and that he/she has bound such employees who work with this information to secrecy to a sufficient extent;
- the recruiter will delete any information and documents about any candidates immediately after the abortion of the application process or after the termination of this contract unless he/she is otherwise obligated by mandatory law;
- the recruiter is aware and accepts that a candidate might be contacted by other recruiters as well and that the candidate is free to accept or decline the recruiter’s job offer.
- With regards to any non-public information, the recruiter undertakes to maintain strict confidentiality, in particular not to pass any information obtained from Intrenion to third parties or allow third-party access hereto, if this is not absolutely necessary with regard to a successful placement.
- If malfunctions or other interruptions should occur during the use of the online service, the recruiter will notify Intrenion of this immediately.
- The recruiter must refrain from all actions likely to impair and/or overload the operation of the online service or the underlying technical backend. Such actions include in particular:
- the use of software, scripts or databases in conjunction with the use of the online service;
- automatic reading, blocking, overwriting, modification, copying of data and/or other contents unless necessary for the proper use of the online service.
- The recruiter is solely responsible for making sure that the employment process and any assessment or testing of the candidate are compliant with the law.
- The recruiter is solely responsible for verifying any information provided by the candidate to a reasonable extent.
- It is the recruiter's responsibility to ensure that its equipment meets the technical requirements for access to the online service, in particular regarding the employed hardware, operating system, internet connection, and web browser software in compliance with any technical standards specified by Intrenion. In the case of further development and/or changes to the technical components (e.g., the operating system, web browser software) by Intrenion or third parties, it is the recruiter‘s responsibility to make any necessary adjustments to its software and hardware.
§ 6 Specific information obligations of the recruiter and contract penalty
- The recruiter shall inform Intrenion immediately when an employment contract with a candidate has been signed via the online form. The parties agree that a contract signed by the employing company and the candidate shall be deemed to be a successful placement, irrespective of whether, and if so for what reason, it is rescinded or terminated at a later date.
- The recruiter agrees to pay Intrenion a contract penalty in the amount of EUR 10000,00 (in words: ten thousand Euro) for each case of culpable breach of the obligation. Intrenion reserves the right to demand indemnification as per 14 of this contract and to claim for damages exceeding the amount of the incurred penalty.
- To perform any offline services this regularly requires cooperation by the parties involved. Therefore, the recruiter is obligated to cooperate effectively, efficiently, and sustainably, especially by providing all information required (e.g., employment contract, trade register excerpt, business registration, IHK membership, further country-specific requirements) in due time and in the requested form (e.g., certified translated).
§ 7 Account
- To use the online service, the creation of an account is required.
- The recruiter will commit such employees to treat their login data with care and prevent misuse of their login data by third parties. If the recruiter becomes aware of improper use of its user account by third parties, the recruiter must notify Intrenion immediately.
§ 8 Fees & terms of payment
- The recruiter is obligated to pay the fee in the agreed amount and for each successful placement of a candidate according to these terms. Any fees indicated are package prices for all offered online and offline services (irrespective of whether the individual services contained therein are used) and net prices, which do not include VAT.
- The fee is due immediately upon a successful placement and payable 14 days after receipt of the invoice. The agreed fee is a package price for the online and offline services, regardless of whether the recruiter actually uses all included support services. The provision of any offline services shall be started step-by-step with the payment of the full package price.
- The invoice will be provided via email to the address provided by the recruiter.
- Payment may not be refused and fees already paid shall not be reimbursed because a contract between the recruiter or the employing company and a candidate found via the online service is not executed for whatever reason, terminated, declared invalid retroactively (with effect for the future), is terminated regularly (or otherwise), or because the candidate does not meet the recruiter‘s expectations.
§ 9 Rights of use
- The database is protected by copyright, as per § 87a ff Urhebergesetz (UrhG). Intrenion grants the recruiter a simple, non-transferable, or sub-licensable personal right, which is unlimited in the territory, to use the online service under these Terms and Conditions. Any further-reaching use is hereby excluded and requires Intrenion’s prior separate written approval. In particular, the recruiter is not permitted to let third parties use their accounts either gratuitously or for a charge (for example by relinquishing login data).
- The recruiter may copy or duplicate information from the contractual database only to the extent required for usage of the online service. Necessary duplication includes loading the database to retrieve the information contained therein but does not include storing the database (not even temporarily) on data carriers (hard disks or similar) which are part of the hardware employed by the user.
§ 10 Suspension and deactivation of the recruiter account and paid services
- Intrenion may suspend access to the recruiter account for failure to meet the payment obligations.
- If and insofar as the recruiter uses its user account in a manner infringing the obligations or in the case of other serious breaches of duty and if there are substantial grounds for suspecting a breach of duty, Intrenion is entitled to provisionally suspend or deactivate access to the recruiter's account.
- If and insofar as Intrenion becomes aware of improper use or misuse of the recruiter’s user account by third parties, Intrenion may suspend access to and/or deactivate the recruiter account if necessary, in order to stop such misuse by a third party. Reasonable suspicion of misuse by third parties is sufficient for Intrenion to take such action. Simply access to the recruiter account by a third party is deemed as misuse by third parties. Intrenion will notify the recruiter of such suspension and/or deactivation immediately, and in the case of a suspension of the account will offer the recruiter the option to restore access by providing new access data. Intrenion will re-activate the previously deactivated recruiter account only if it can be demonstrated that there is no longer any danger of misuse by third parties. In case of doubt, the recruiter has to make sure that there is no such danger.
§ 11 Contract duration, termination and deletion of the recruiter account
- The contract runs for an indefinite period and can be terminated by either party at any time in text form.
- This shall be without prejudice to the parties’ right to terminate the contract without notice and for good cause. For Intrenion there is good cause to terminate the contract in particular, if
- the recruiter severely violates its obligations or in the case of other serious breaches of duty;
- insolvency proceedings have been opened into the recruiter‘s assets, or the opening of insolvency proceedings was dismissed because of a lack of assets.
- After termination of this contract, the recruiter will no longer have access to his/her account.
§ 12 Warranties
- Intrenion will endeavor to ensure continuous uninterrupted operation of the online service. This is limited to performances and services under Intrenion’s control. The recruiter acknowledges, however, that a complete and uninterrupted availability of the online service is technically not feasible. Hence, Intrenion may have to restrict temporary access completely or partially due to maintenance, capacity restrictions, and events beyond its control. As far as possible, Intrenion will restrict any online services outside of normal business hours (Monday-Friday, 09:00h - 17:00h Berlin, Germany time). If foreseeable, Intrenion will inform the recruiter about any restrictions in advance.
- Intrenion will not be responsible for the proper functioning of the connection to the contractual resources in the event of power outages or server failures beyond Intrenion’s control.
- The recruiter has no right to the continuance of individual gratuitous functionalities of the services or the use of existing gratuitous functionalities.
§ 13 Liability
- Unlimited liability: Intrenion shall be liable for intent and gross negligence. Intrenion shall be liable in cases of slight negligence in accordance with the provisions of the Product Liability Act, and for injury to life, body, or health.
- Limitation of liability: Intrenion shall only be liable in all other cases of slight negligence
- for breach of an essential contractual obligation, the fulfillment of which makes the due execution of the contract at all possible and upon the observance of which the recruiter should be able to regularly rely (material obligation), and
- limited to the amount of damage typical for this type of contract that was foreseeable at the time of concluding the contract.
- Intrenion will not be liable for any loss of data insofar as such loss or damage was due to the user failing to perform data backups and to ensure that lost data can be restored with reasonable efforts.
- The above limitations of liability also apply to and in favour of Intrenion’s vicarious agents.
§ 14 Indemnification
- The recruiter shall indemnify Intrenion, its employees, and agents from any claims actions arising from alleged or actual infringements of the law and/or and from any and all third-party claims arising from the violation of any rights of third parties by the recruiter in conjunction with the use of the services.
- The recruiter shall hold Intrenion free and harmless for all the resulting claims of third parties and undertakes to reimburse all and any costs incurred by Intrenion due to the recourse by third parties. The reimbursable costs include in particular the costs of pursuing and defending legal suits incurred by Intrenion.
§ 15 Modification of the terms and conditions
- Intrenion may at any time revise or modify the provisions in these Terms and Conditions with prospective effect.
- Intrenion will inform the recruiter in text form of any modification of these Terms and Conditions or package prices agreed in the past, without having to transmit or otherwise provide information about the modified Terms and Conditions or price list in detail or a revised version thereof; notification of the fact that they were modified as such and provision of a link to the updated General Terms and Conditions or to the updated price list is sufficient. If the recruiter does not object to such modification(s) within two weeks after being notified of such modification(s), this will be deemed as the recruiter‘s approval thereof; Intrenion will point this out in the notice of such modification.
§ 16 Transfer of contract
- The recruiter is not entitled to transfer the rights and obligations arising from these Terms and Conditions entirely or in parts to third parties.
- Intrenion is entitled to transfer this contract and all the rights and obligations arising therefrom to another company of its choice. In the case of a transfer of this contract to another company, the recruiter is granted a special right to terminate the contract which must be exercised within 2 weeks of receiving notice of such transfer.
§ 17 Final provisions
- Should one or several of the provisions in this agreement be or become invalid, this shall not affect the validity of the remaining provisions.
- These Terms and Conditions shall be subject to German law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
- Berlin shall be the exclusive place of jurisdiction for all disputes between the recruiter and Intrenion.