Terms & Conditions for Companies

(1) These General Terms and Conditions apply to all contracts between [COMPANY NAME GMBH], [ADDRESS] (hereinafter "MandateIQ" or "Provider"), and companies and legal entities that post mandates on the MandateIQ platform as clients (hereinafter "Company" or "Client").

(2) These GTC apply exclusively in B2B relationships. An entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).

(3) Deviating conditions of the company are not recognised unless the provider expressly agrees to their validity in writing.

(1) The contract is concluded through the company's registration on the platform and confirmation by the provider by email, or by signing an individual offer.

(2) Authorised representatives of the company are obliged to act exclusively within the scope of their authority. The provider is entitled to request corresponding proof.

(3) Amendments and additions to the contract require text form.

(1) After contract conclusion, MandateIQ provides the company with the following services:

a) Creation and management of mandate profiles with detailed requirement criteria
b) Algorithmic matching of the mandate profile against the candidate pool
c) Provision of an anonymised, prioritised longlist with score justification
d) Opt-in function for mutually confirming interest in a match
e) Contact data release after mutual opt-in
f) Encrypted chat with candidates after mutual opt-in

(2) The provider does not provide intermediary services in the legal sense. MandateIQ is a technical platform. The contract for a mandate is concluded exclusively between the company and the candidate.

(3) The provider does not guarantee that a match will occur or that a mandate placement will take place.

(1) The remuneration for the company's use of the platform is agreed individually between the provider and the company and specified in the respective offer or order confirmation.

(2) The provider's pricing model does not include a classic headhunter success fee. Specific terms can be found in the individual offer.

(3) All prices are exclusive of statutory VAT, provided the company is domiciled domestically.

(1) Invoices are to be paid within 14 days of the invoice date without deduction, unless otherwise agreed in the individual offer.

(2) In case of payment default, the provider is entitled to charge default interest at 9 percentage points above the base interest rate (§ 288 para. 2 BGB) and a dunning flat rate of EUR 40.00 (§ 288 para. 5 BGB).

(3) The provider is entitled to restrict access to the platform in case of payment default until full payment is received.

(4) Set-off and retention rights of the company are excluded unless the counterclaim has been legally established or is undisputed.

(1) Term and notice periods are governed by the individual offer or order confirmation.

(2) The right to extraordinary termination for good cause remains unaffected.

(3) Terminations require text form.

(1) The company undertakes to provide only truthful and complete information in the mandate profile.

(2) The company is obliged to keep mandate profiles up to date and to deactivate or delete mandates that are no longer active without delay.

(3) The company is obliged to treat candidate information transmitted in the course of the matching process as confidential and to use it exclusively for the purpose of mandate placement.

(4) Sharing candidate information with third parties – including within the company beyond the persons directly involved in the placement process – is not permitted without the candidate's express consent.

(5) After opt-in, the company is obliged to communicate with the candidate exclusively via the platform chat or, after contact details have been released, directly.

(1) The provider strives for high availability of the platform but does not guarantee uninterrupted availability. There is no entitlement to a specific availability rate unless expressly agreed otherwise in the individual offer.

(2) Planned maintenance work will be announced to the company in good time where possible.

(1) Both parties undertake to treat all confidential information of the other party obtained in the course of the contractual relationship in strict confidence and not to disclose it to third parties.

(2) Confidential information includes in particular: candidate profiles and data, mandate information, matching results and score data, pricing conditions, and technical and business information designated as confidential.

(3) The confidentiality obligation applies without time limit, even after termination of the contractual relationship.

(4) Exempt from the confidentiality obligation is information that is or becomes publicly known without any party having breached their obligations.

(1) All rights to the platform, the matching algorithm, the software, the databases and the associated content remain exclusively with the provider.

(2) The company receives a non-exclusive, non-transferable right of use to the platform for the duration of the contractual relationship.

(3) The matching results (longlists, scores, evaluations) are provided to the company for exclusive use in the agreed placement process. Disclosure to third parties, in particular to other personnel service providers or headhunters, is expressly prohibited.

(4) The company's own content (mandate descriptions, requirement profiles) remains the property of the company. The company grants the provider the right of use required for the operation of the platform.

(1) The processing of personal data is carried out in accordance with the GDPR and the provider's privacy policy, available at [PRIVACY LINK].

(2) Insofar as the company gains access to personal data of candidates in the course of using the platform, it is obliged to process this data in accordance with the requirements of the GDPR. The company confirms that it has appropriate technical and organisational measures in accordance with Art. 32 GDPR.

(3) A data processing agreement (DPA) pursuant to Art. 28 GDPR will be concluded upon request.

(1) The provider is liable without limitation for damages arising from injury to life, body or health and for damages based on intent or gross negligence.

(2) In case of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the typical, foreseeable damage, but not exceeding the payments made by the company to the provider in the last 12 months.

(3) Otherwise, the provider's liability for damages caused by slight negligence is excluded.

(4) The above liability limitations do not apply to claims under the Product Liability Act and in case of fraudulent concealment of defects.

(5) The provider is not liable for the economic success of a mandate placement, for the suitability of a placed candidate, or for damages arising from the activities of a candidate after mandate placement.

(1) The provider reserves the right to amend these GTC with effect for the future. Amendments will be communicated to the company at least 6 weeks before they take effect in text form.

(2) If the company does not object to the amendments within 4 weeks, they shall be deemed accepted. The notification will expressly refer to this consequence.

(1) The law of the Federal Republic of Germany applies exclusively, excluding the UN Sales Convention.

(2) Exclusive place of jurisdiction for all disputes arising from and in connection with this contract is [COURT / CITY].

(3) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions (severability clause).

(4) No verbal side agreements exist. Changes and additions require text form.