1. Preamble
1.1. bynamics GmbH (hereinafter "bynamics") is a company specializing in personnel placement and consulting. It places specialists and executives (hereinafter "candidates") with companies (hereinafter "partners"). Search requests are submitted in text form (email, mail, telephone, etc.).
1.2. These General Terms and Conditions apply to all services in the field of personnel placement. Deviating or supplementary agreements must be made in writing.
2. Subject matter of the contract
2.1. bynamics supports the Partner in the search, selection, and placement of suitable specialists, managers, and freelancers. This includes:
- The inclusion of the vacancy and its specific requirements
- The targeted search for suitable candidates
- Pre-selection according to the partner’s specifications
- Providing confidential reports on potential candidates
- Coordination of interviews
2.2. The Partner shall provide bynamics with all information necessary for the placement.
2.3. A candidate is considered to have been placed by bynamics as soon as his or her essential data (e.g. name, contact details, salary expectations) have been transmitted to the partner.
3. Remuneration & Payment Terms
3.1. For the successful placement of a candidate, bynamics receives a fee of 30% of the gross annual salary, but at least €13,500 (plus VAT).
3.2. For the placement of freelancers, an individually agreed all-in hourly rate applies. Services provided are billed weekly.
3.3. The fee is due as soon as both parties have signed the contract. Invoices are due within 14 days of invoicing.
3.4. If a candidate is hired by bynamics within 12 months of being introduced – even by an affiliated company – this is considered a placement and is subject to commission.
4. Customer & Candidate Protection
4.1. Customer Protection:The Partner undertakes to treat all candidate information provided by bynamics confidentially. Disclosure to third parties is only permitted with the written consent of bynamics.
4.2. Hiring without bynamics' involvement:If a candidate is hired by the Partner or an affiliated company within 12 months of the initial introduction, the full commission obligation remains.
4.3. Covert Hiring:If a candidate introduced by bynamics is hired directly by the Partner without bynamics being informed, the Partner is still entitled to the full commission.
5. Contract duration, termination & commission claim
5.1. The brokerage contract is for an indefinite period unless otherwise agreed and can be terminated in writing with four weeks’ notice.
5.2. Commission entitlement after contract termination:
a) Even after the placement agreement has ended, the obligation to pay commission remains in effect if a candidate introduced by bynamics is hired within 12 months of the contract termination.
b) Hiring within the group: If the candidate is hired by a subsidiary, parent company, or affiliate of the client within 12 months, the obligation to pay commission remains in effect.
c) Covert hiring: If the partner hires a candidate introduced by bynamics without reporting this, the full commission is due.
6. Replacement
6.1. If the candidate fails to take up the employment contract or resigns within three months of starting employment, bynamics will offer a one-time, free replacement.
6.2. The replacement will not be offered if:
- The candidate resigns due to changes in working conditions
- The termination is due to the partner's misconduct
- The placement invoice has not been paid
7. Liability & Warranty
7.1. The information provided about candidates is based on their own information. bynamics assumes no liability for its accuracy or completeness.
7.2. bynamics is not liable for damages caused by candidates it has referred.
7.3. The partner is responsible for assessing the suitability of the candidate.
8. Confidentiality & Data Protection
8.1. Both parties undertake to maintain the confidentiality of all exchanged information.
8.2. Candidates' personal data may only be used for staffing decisions. Disclosure to third parties is prohibited without the consent of bynamics.
8.3. bynamics processes personal data in accordance with applicable data protection regulations (BDSG, GDPR).
9. Final provisions
9.1. Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.
9.2. Amendments and additions must be made in writing.
9.3. The place of jurisdiction is Frankfurt am Main. The law of the Federal Republic of Germany applies.