Terms and Conditions
These Terms and Conditions for Consultants (“Terms”), in the version valid from May 8, 2018, apply to the use of services of consultingheads, a trademark of PrepLounge GmbH, Venloer Str. 47-53, 50672 Köln (“consultingheads”) located at www.consultingheads.com (the “Site”).
consultingheads and the Site have been created to refer highly qualified candidates (“Consultant”) to interested employers (“Employer”). New Employers will be acquired as partners to this end. consultingheads and the Consultant will hereafter be referred to as (“Party”, collectively “Parties”).
The Consultant accepts the Terms by registering on the consultingheads’ Site, which leads to a conclusion of contract (“Placement Agreement”).
§ 1 Service description and processes of consultingheads
- Services on consultingheads: The Consultant engages consultingheads for the placement of a full-time or a temporary freelance position (“Service”). consultingheads solely relies on Employers acquired as partners for the said Service. Resorting to third parties or employers beyond the current Employer base for placement of positions is not guaranteed.
- Registration information: In order to use the Service, the Consultant has to register on the Site by providing the required personal information according to § 2 of the Terms. The provided information needs to be accurate and comprehensive to enable a targeted recommendation of positions.
- Identification of positions: consultingheads uses the information provided by the Consultant in order to propose relevant positions out of those provided by Employers. The selection is made at the sole discretion of consultingheads.
- Indicating interest: The identified positions will be recommended both on the Site and via e-mail notification. These notifications can be deactivated on the settings section of the Site. If the Consultant is interested in one or more positions, he/she can indicate this accordingly on the Site or in a personal conversation.
- Confidentiality: Subsequently, consultingheads will only forward the completely anonymized information of the Consultant, if appropriate, at this point. Available anonymized reviews or references could also be included, if the Consultant has successfully used our services in the past.
- Compensation for the service: The aforementioned Service is delivered free of charge for the Consultant, unless indicated otherwise.
§ 2 Cooperation duties
The satisfaction of the Consultant, but also that of the Employer is very important to consultingheads. In order to ensure this, it is necessary that the Consultant observes the following cooperation duties. The Consultant therefore assures that:
- he/she has completed the registration in his/her own name,
- he/she has provided all relevant information, particularly qualifications, work experience, and legal restrictions (particularly professional practice restrictions) with regards to the desired position,
- he/she has truthfully provided information to best of his/her knowledge and belief,
- he/she will immediately report changes made to the provided information that are relevant for the placement of a position to consultingheads,
- he/she will deliver the services agreed upon with the Employer to the best of his/her knowledge and abilities and that
- neither a conflict of interest nor a non-compete obligation of any kind exists; this applies to both full-time and temporary freelance positions at an Employer.
§ 3 Notification duties
- Notification of a Target Contract: The Consultant shall inform consultingheads when a contract of employment or any kind of advisory agreement (collectively “Target Contract”) is concluded during the contract period according to § 6 of the Terms. The notification shall contain the exact duration of the Target Contract and the fully agreed upon remuneration including variable salary components and other bonuses. The Consultant has to carry out this obligation personally; a notification solely on the part of the Employer will not suffice.
- Post-contractual notifications: Moreover, the Consultant is obligated to inform consultingheads about the Conclusion of a Target Contract for up to 12 Months after this Placement Agreement has been terminated; the above § 3 number 1 sentence 2 shall apply.
§ 4 Permission to disclose personal data and data protection
Consent to the disclosure of personal data: The Consultant explicitly agrees to the disclosure of the following personal data:
- The disclosure of information given to consultingheads during the registration to an Employer, provided the Consultant (§ 1.4) has indicated interest in the position and the Employer (§ 1.6) has indicated interest in the profile of the Consultant. Data will not be collected from or forwarded to third parties.
- The disclosure of reviews to the Employer according to § 1.5 line 2 of the Terms. consultingheads will provide said reviews on the Site in the restricted login area of the Consultant beforehand.
- The disclosure of the aforementioned information to an affiliated company of the Employer according to § 15 of the German Stock Corporation Act (Aktiengesetz) that is looking for a Consultant. This also applies when there is no shared HR department between the affiliated companies.
- Supplementary data: Changes made to personal information by the Consultant after the Placement Agreement had been concluded will also be treated according to § 4.2. consultingheads will use the supplementary data to update personal information.
- Consent to the compilation of user statistics: The Consultant agrees to consultingheads compiling and saving personal statistics particularly with regard to the usage of the Site. These statistics will be solely used for the purpose of providing the Consultant with relevant offers and improving the user experience. In case of a transfer of contract according to § 7 of the Terms, this data can be transferred to a subsidiary. This data will not be transferred beyond this scope without the express consent of the Consultant.
- Revocation/restriction of consent: The Consultant can revoke the consent issued according to § 4 of the Terms at any time without given reason. The Consultant can prohibit consultingheads from disclosing personal information to any one specific (potential) Employer by a simple notification at any time.
- Other restrictions: Furthermore, personal data will only be collected, processed, and used with the express consent of the Consultant. In particular, personal data will not be forwarded to Employers outside of the EU/EEA without the express consent of the Consultant.
§ 5 Registration process (conclusion of contract), login data
- Conclusion of contract: The Consultant completes the registration on the Site according to § 2 of the Terms. The Placement Agreement is only concluded when consultingheads confirms the admittance of the Consultant into the network via e-mail.
- Protection of login data: The login data may only be used by the Consultant or a person authorized by the Consultant. The Consultant ensures that such an authorized person is subject to the provisions of the contract. The Consultant shall ensure that his/her login data is not transmitted to an unauthorized person. The Consultant shall inform consultingheads immediately if an unauthorized person has obtained his/her login data.
§ 6 Duration and Termination
The contract period is indefinite and can be terminated by each of the Parties at any time with a notice period of two weeks to the end of a calendar month (ordinary termination). The right to terminate for a material reason shall remain unaffected.
§ 7 Contract transfer to affiliate company
consultingheads is entitled to transfer all the rights and obligations of this Placement Agreement to an affiliated company in accordance with § 15 AktG (“Contract Transfer”). consultingheads will duly notify the Consultant about such procedure using the provided e-mail address (“Transfer Notice”). The Contract Transfer becomes effective, if the Consultant does not object within one month upon receipt of the Transfer Notice. The Contract Transfer is voided should the Consultant object. Note § 4.6 line 2 of the Terms.
§ 8 Liability and indemnification
- Intent and gross negligence: The parties assume unlimited liability provided the damages were caused with willful intent or the contract was breached as a result of gross negligence by one of the parties or their legal representatives/agents.
- Ordinary/Slight negligence: Furthermore, the parties assume liability for the breach of material contractual obligations that jeopardize the purpose of the contract. Performance of these obligations is crucial for execution of the contract and is therefore relied upon. In this case, the Parties are only liable for foreseeable and typical damages.
- Exclusion of liability: The parties are not liable for – with the exception of aforementioned cases – damages resulting from ordinary or slight negligence.
- Damages to life, body and health: The aforementioned limitations of liability do not apply to damages to life, body and health. Liability is also unaffected if consultingheads issues a quality guarantee or fraudulently conceals shortcomings. The regulations of the product liability law remain unaffected.
- Liability of employees, representatives and assistants: In case the contractual liability of the Parties is excluded or limited, this also applies to the personal liability of employees, representatives, assistants, and other auxiliary persons.
§ 9 Severability clause
Should a provision of these Terms be or become invalid or unenforceable in whole or in part, or should the contract contain a loophole, the validity or enforceability of the remaining provisions shall not be in any way affected or impaired thereby. § 139 BGB is not applicable.
§ 10 Changes to Terms
consultingheads reserves the right to change the Terms in whole or in part at its discretion. Any changes or amendments shall be communicated to the Consultant by e-mail 4 weeks before they come into effect at the latest and will also be announced on the Consultant's personal homepage and via the internal mail service. The Consultant has the right to object to the change of the Terms in written form. The changes become valid, if the user does not object to such changes in writing within 4 weeks from the publishing of the changes or if the user continues the use of the services.
§ 11 Applicable law
This Placement Agreement is governed by the laws of the Federal Republic of Germany.