Terms of Service

General terms and conditions - We would like to point out that the following general terms and conditions apply. Please read the terms and conditions carefully. When the order confirmation is signed, the terms and conditions come into effect immediately. They apply equally to every follow-up order, even if they are not expressly agreed again.

§1. General

1. The following conditions apply to all contracts concluded between MAK Dienstleistungen - Mouhamad Ali Kneiber eU and the client for personnel placement. They also apply to all future business relationships, even if they are not expressly agreed again. Deviating terms and conditions of the client, which are not expressly recognized by MAK Services - Mouhamad Ali Kneiber eU, are non-binding for MAK Services - Mouhamad Ali Kneiber eU, even if the use of other terms and conditions is not expressly contradicted.
2. The conclusion of the contract must be in writing to be legally effective. Oral orders are only binding if they are confirmed in writing by MAK Services - Mouhamad Ali Kneiber eU and the client does not object in writing within two weeks of receipt.

§2. Subject matter / execution of the contract

1. MAK Services - Mouhamad Ali Kneiber eU researches for the client on an order or project basis. MAK Services - Mouhamad Ali Kneiber eU provides the client with possible dossiers. Upon request, the applicant will be presented personally.
2. MAK Services - Mouhamad Ali Kneiber eU undertakes to use all of the expertise and experience available to it within the scope of its services and to maintain the highest level of confidentiality.
3. The consultations and other activities are carried out according to the principles of proper professional practice. MAK Services - Mouhamad Ali Kneiber eU is entitled to use expert third parties to carry out the order.
4. The client undertakes to submit the documents required in connection with the placement order in good time and in full and to inform MAK Services - Mouhamad Ali Kneiber eU of all processes and circumstances that may be of importance for the order. This also applies to documents, processes and circumstances that only become known during the activities of MAK Services - Mouhamad Ali Kneiber eU.
5. The respective decisions on or from the consulting results are to be made by the responsible bodies of the client on their own responsibility.

§3. Fee conditions

1. Agency fee

With the conclusion of an employment / service contract between an applicant placed by MAK Dienstleistungen - Mouhamad Ali Kneiber eU and the client, as well as a company associated with the client, a fee will be charged for this concluded placement order. The agency fee is a gross monthly salary (= 13.4% of the annual gross salary) without sales tax. The placement fee includes the following services from MAK Services - Mouhamad Ali Kneiber eU:

• Design of the advertising material, in particular the personnel search advertisements
• Review and pre-selection of the application documents
• Preparation and implementation of job interviews
• Preparation and implementation of assessment centers
• Presentation of the applicants through informative dossiers
• Presentation of the applicants and participation in the selection interviews
• Rejection of the presented but not considered applicants

If the applicant placed by MAK Services - Mouhamad Ali Kneiber eU is not hired by the client, no commission is owed. Price agreements are net prices. In addition, the statutory value added tax does not apply, as MAK Services - Mouhamad Ali Kneiber eU makes use of the small business regulation. Invoices are to be paid immediately upon receipt without any discount. The commission is due when the employment / service contract is concluded, unless otherwise stated in the individual contract. The client is in default at the latest if he does not pay within 7 days of the due date and receipt of the invoice. MAK Services - Mouhamad Ali Kneiber eU is entitled to demand default interest in the amount of the respective statutory interest rate in the event of default without concrete evidence. The proof of higher damage caused by default remains unaffected by default interest in the amount of the respective statutory interest rate.

2. Advertising costs

The scope, distribution area and design of advertisements for the search for personnel are determined by the individual agreements made. The calculation is carried out in accordance with these agreements, in accordance with the conditions that were negotiated for the customer with the respective medium.

3. Costs for ancillary services

Costs for services that are not listed under § § 3.1 - 3.2 will be invoiced as ancillary costs based on actual expenditure. These include, for example: Applicants' travel expenses, external interviews and selection interviews.

§4. liability

1. All recommendations and forecasts are made to the best of our knowledge and belief.
2. The service provided by MAK Services - Mouhamad Ali Kneiber eU for recruitment does not release the client from checking the suitability of the applicant. Upon conclusion of the employment / service contract with the applicant, the client bears sole responsibility for the selection decision. MAK Services - Mouhamad Ali Kneiber eU and any vicarious agents are not liable for claims and damages resulting from a possible unsuitability of the applicant.
3. Obvious inaccuracies (typographical errors, calculation errors, formal errors) in notes, minutes, calculations, etc. can be corrected by MAK Services - Mouhamad Ali Kneiber eU at any time. A claim to the removal of such obvious defects is excluded, however, if they are not reprimanded by the client to MAK Services - Mouhamad Ali Kneiber eU immediately after becoming aware of them. The assertion of claims for damages due to obvious inaccuracies is excluded. The client is obliged to notify MAK Services - Mouhamad Ali Kneiber eU immediately of any recognizable defects. Any further liability on the part of MAK Services - Mouhamad Ali Kneiber eU is excluded.

§5. Contract termination

1. The placement contract is deemed to have ended and fulfilled when an employment relationship has been established between the client and the applicant placed by MAK Dienstleistungen - Mouhamad Ali Kneiber eU.
2. The brokerage order can be terminated in writing by both contracting parties at any time with a notice period of 14 days to the end of the month. The order can be terminated at any time for an important reason without observing a notice period.
3. The costs accrued up to the effective date of the termination according to § 3 (2) to (4) are to be paid, insofar as they were initiated before the notice of termination was received.
4. However, if the client engages this applicant directly or indirectly with an activity or hires him within 12 months after the applicant's personal data has been made known to him by naming him by MAK Services - Mouhamad Ali Kneiber eU, MAK Services - Mouhamad Ali has Kneiber EU claim to the agency fee according to § 3 (1).
5. In the event of termination by the client, the placement fee is also due if the proposed applicant is hired within 12 months of the end of the contract in accordance with § 3 (1).

§6. Confidentiality

1. MAK Services - Mouhamad Ali Kneiber eU and the people working for them are obliged to keep confidential all facts that become known to them in connection with their work, insofar as MAK Services - Mouhamad Ali Kneiber eU is not authorized to pass on such information.
2. MAK Services - Mouhamad Ali Kneiber eU is authorized to process and save personal data entrusted to it within the scope of the intended purpose.

§7. Final provisions

1. The client consents to the data that has become known through the business relationship being stored internally by MAK Services - Mouhamad Ali Kneiber eU and processed automatically.
2. The place of fulfillment and jurisdiction for all disputes arising from the contractual relationship as well as regarding the emergence and its effectiveness is Leipzig. The law of the Federal Republic of Germany.
3. All changes, side agreements and additions to the contract must be made in writing. This also applies to changes to this clause.
4. Should a provision of these conditions be or become legally ineffective, the effectiveness and legal validity of the remaining provisions will not be affected. In place of the ineffective provision, a permissible provision should be used that will largely achieve the intended economic and legal success.