The following General Terms and Conditions (GTC) apply to all individual and framework contracts concluded between ManaJump GmbH (hereinafter referred to as ‘ManaJump’) and its clients for personnel recruitment services. These conditions also apply to all future contracts for services to be provided by ManaJump for the client, even if they are not expressly agreed again.
If the following General Terms and Conditions contradict possible own General Terms and Conditions of their clients: Contradictory General Terms and Conditions of ManaJump with the General Terms and Conditions of their clients do not in principle contradict the validity of the contract, provided that the parties begin with the execution of the contract by mutual agreement. In this case, only the corresponding parts of the GTC shall be deemed agreed. If the GTC do not agree, the contradictory GTC shall initially become an integral part of the contract as far as they are favorable for the other contracting party with regard to the content of the contract that has become effective. All other terms and conditions which do not agree shall not become part of the contract. The conflicting GTC shall be replaced by the legal regulation (§ 306 para. 2 BGB), insofar as no provision can be determined after interpretation of the contract and consideration of the interests of the contracting parties.
These conditions initially only apply if the clients of ManaJump are not consumers within the meaning of § 13 BGB (German Civil Code).
Individual agreements between the parties, insofar as they have been effectively agreed in writing, take precedence over these GTC.
A contract between the parties only comes into effect if ManaJump accepts in writing the offer transmitted by the client by transmission of the individual or framework agreement.
All prices quoted are exclusive of the statutory value-added tax applicable at the time of invoicing.
Invoices are issued upon performance by ManaJump in accordance with the contract, unless otherwise agreed in individual contracts. All payment claims are due 10 days after the invoice date without deduction. In the event of default or deferment of payment, interest of 9 percentage points above the base rate of the European Central Bank will be charged.
All costs of ManaJump are compensated with the agreed remuneration according to individual or general agreement, unless otherwise agreed.
Any travel costs incurred by candidates to present themselves on site at the searching company must be paid directly by the client.
In addition to the provisions in the individual or framework agreement, ManaJump’s liability is governed by the statutory provisions. For negligently caused damages ManaJump is only liable in case of violation of an essential contractual obligation, however the amount is limited to the damages foreseeable and typical for the contract at the conclusion of the contract. This exclusion of liability does not apply to injuries to life, body and health.
ManaJump undertakes to maintain confidentiality towards the client regarding all information that becomes known within the scope of the contractual relationship. The client agrees that his data, which have become known through the business relationship, may be stored and automatically processed within the company by ManaJump, as far as this does not involve personal data, and to use the client data for trend analyses and overviews, whereby any results are published exclusively in an anonymous form.
Should any provision of these GTC be or become legally invalid, the validity and validity of the remaining provisions shall not be affected. The parties agree that the invalid provision shall be replaced by a provision that comes closest to the invalid or unenforceable provision, taking into account the purpose of the contract.