Terms & Conditions
Terms and Conditions for Recruitment Services of PolyTALENT GmbH
Falkenbergstraße 5, 49393 Lohne (hereinafter “PolyTALENT GmbH”)
Part 1 – General Provisions
1. General
1.1 These Terms and Conditions (T&Cs) apply to contracts concluded between PolyTALENT GmbH and the customer (hereinafter: the “Client”) for the provision of recruitment services.
1.2 PolyTALENT GmbH provides the Client with combined recruiting services, including both classic recruitment/placement services (the “Placement Services”) and digital recruiting measures, in particular social media recruiting (together, the “Recruiting Services”). The goal is to introduce suitable candidates for the Client’s open role(s). The specific scope and deliverables are defined in the individual agreement between the parties.
1.3 As part of classic recruitment, PolyTALENT GmbH searches for candidates via its own networks, databases, online platforms and/or through direct outreach.
1.4 As part of digital recruiting, PolyTALENT GmbH designs and runs recruiting campaigns on suitable social media platforms and/or search engines. This may include creating and publishing job ads, videos, graphics, copy, and the technical management of online campaigns.
1.5 PolyTALENT GmbH does not contract with consumers or private individuals.
1.6 PolyTALENT GmbH may, in its own name and on its own account, subcontract required services to subcontractors, who may in turn engage further subcontractors. PolyTALENT GmbH remains the sole contractual partner of the Client. Subcontractors will not be used where it is apparent that their use would conflict with the Client’s legitimate interests. PolyTALENT GmbH will inform the Client before commissioning a subcontractor.
1.7 Any terms and conditions used by the Client that deviate from these T&Cs shall not apply unless PolyTALENT GmbH expressly agrees to them.
2. Client’s Duties to Cooperate
2.1 The Client must provide all information, data, materials (e.g., imprint/company details, graphics, etc.) and access required for performance, fully and accurately. The Client must ensure its instructions comply with applicable law.
2.2 Unless otherwise agreed, the Client is responsible for procuring all data, content and/or system environments necessary for the project (e.g., text, video, audio, templates, graphics, typefaces; color definitions, technical specifications) (collectively “Content”) and must provide them to PolyTALENT GmbH in good time and suitable form. This is a prerequisite for PolyTALENT GmbH’s work. If the Client does not provide such items or specifications, PolyTALENT GmbH may, at its discretion and with proper copyright attribution, use stock materials (e.g., from stock photo providers) or use placeholders for the relevant parts of the website or deliverables.
2.3 Where the Client provides Content, the Client must ensure it does not infringe third-party rights (e.g., copyrights) or any other legal provisions. The Client warrants it has the authority to grant the agreed usage rights because it created the Content itself or has validly acquired the necessary rights. The Client grants PolyTALENT GmbH, for the duration of the contractual relationship, a non-exclusive, non-transferable right to use the Client-provided Content to perform the agreed services. This includes editing, modifying, and publishing the Content as necessary for the services. These rights are solely for the purpose of contract performance by PolyTALENT GmbH.
2.4 The Client shall indemnify and hold harmless PolyTALENT GmbH against all third-party claims arising from the use of the provided Content, including reasonable legal defense costs. This includes, in particular, claims based on infringement of copyrights, trademarks, patents, designs, or other intellectual property rights. The Client shall support PolyTALENT GmbH in defending such claims (e.g., by providing necessary information). The Client shall reimburse all necessary costs of legal pursuit and defense (especially necessary attorneys’ and court fees) incurred by PolyTALENT GmbH due to third-party claims.
2.5 PolyTALENT GmbH is not permitted by law to provide legal advice to the Client. In particular, PolyTALENT GmbH is neither obliged nor legally able to review the Client’s business model and/or Client-provided Content for legal compliance. PolyTALENT GmbH will not conduct trademark searches or other IP clearance for Client-provided works. The Client bears sole responsibility for instructions it gives regarding the deliverables.
2.6 If a data processing agreement pursuant to Art. 28 GDPR is required for specific parts of the engagement, both parties undertake to conclude such an agreement—provided by PolyTALENT GmbH—before performance begins.
2.7 PolyTALENT GmbH is not responsible for delays caused by late (necessary) cooperation or input by the Client; the section “Liability/Indemnification” remains unaffected.
2.8 If the Client fails to comply with the cooperation duties in this section, PolyTALENT GmbH may charge the additional effort incurred (e.g., stock photo costs and the time to source them).
3. Use of Artificial Intelligence (AI)
3.1 PolyTALENT GmbH may use AI tools to create content (e.g., text, images, audio, or video). Unless otherwise agreed, all AI-generated content will be reviewed by a human and adjusted where needed. AI tools will not be used where this would obviously conflict with the Client’s legitimate interests. PolyTALENT GmbH will not input sensitive or confidential Client information into AI tools without the Client’s consent. If the Client does not want AI used for certain projects or parts thereof, the Client must notify PolyTALENT GmbH in text form.
3.2 PolyTALENT GmbH warrants that content created wholly or partially using AI does not infringe third-party rights. Where exclusive usage rights are to be transferred in respect of content created wholly or partially using AI, PolyTALENT GmbH will ensure such a transfer is possible (e.g., by adapting AI outputs to reach the threshold of originality and thus copyright protection).
3.3 AI-generated content will be marked as such only where legally required or where, at the time of performance, it is foreseeable that such labelling will soon be legally required (e.g., under the EU AI Act). The same applies to notices that certain deliverables were created with the help of AI.
Part 2 – Placement Services
4. Placement Services
4.1 The Client commissions PolyTALENT GmbH to introduce suitable candidates (“Candidates”) for entering into an employment, service, or works/contract-for-services agreement with the Client. The specific services are set out in the individually agreed contract and/or PolyTALENT GmbH’s offer.
4.2 For each placement, the Client issues one or more specific job orders to PolyTALENT GmbH.
5. Activities of PolyTALENT GmbH
5.1 PolyTALENT GmbH identifies suitable Candidates for the Client and introduces such Candidates to the Client.
5.2 Unless expressly agreed otherwise, PolyTALENT GmbH provides information on suitable Candidates to the Client in the form of concise, meaningful profiles and informs the Client about new suitable applicants via agreed channels (e.g., by email).
5.3 As a rule, PolyTALENT GmbH’s performance obligation ends with the introduction (the submission of Candidate profiles to the Client). Depending on the agreement, PolyTALENT GmbH may also manage and support the selection process from initial contact through to contract signature.
5.4 The Client alone makes the final assessment of whether a Candidate introduced by PolyTALENT GmbH meets the Client’s requirements.
5.5 Unless otherwise individually agreed, PolyTALENT GmbH may also present introduced Candidates to other companies. The Client has no exclusive claim to individual Candidates from the candidate pool.
6. Contract Models: Success-Based Model and Term Model
PolyTALENT GmbH offers its Placement Services either on a success-based model or on a term-based model. The contractual basis is the individually agreed model between the parties.
7. Success-Based Model
7.1 Under the success-based model, PolyTALENT GmbH undertakes to identify and present suitable Candidates for a specifically defined position. Performance is role-specific under a recruitment/placement agreement.
7.2 Unless the parties agree otherwise, the fee payable to PolyTALENT GmbH is success-based. The amount of the success fee (the “Placement Fee”) is set out in the individual agreement and typically follows the offer.
7.3 The gross annual compensation is calculated on the basis of all fixed and variable components promised by the Client, regardless of monthly, annual or one-off payment. This includes, in particular, base salary, bonuses, profit-sharing, commissions, Christmas/holiday pay and any benefits in kind (e.g., company car, stock options or in-kind benefits), insofar as they are contractually promised to the Candidate.
7.4 The Placement Fee becomes due upon conclusion of an employment, service or works/contract-for-services agreement between the Client (or a company legally or economically affiliated with the Client) and the Candidate introduced by PolyTALENT GmbH. The trigger is the legally binding contract signature, not the actual start date. A subsequent voidance or rescission (ex tunc or ex nunc) does not eliminate the fee claim unless PolyTALENT GmbH caused the reason for such contract termination.
7.5 The Client must notify PolyTALENT GmbH without undue delay—no later than 7 days after contract signature with the Candidate—of the conclusion of the agreement and the agreed compensation, in writing or text form (e.g., by email). Upon request, the Client shall provide a copy of the signed contract or a written confirmation of the relevant terms.
7.6 If the Client does not provide this notice on time, PolyTALENT GmbH may estimate the Candidate’s gross annual compensation based on market rates for comparable positions and qualifications. The Client may object to this estimate within 14 days by providing suitable evidence. If the Client does not object in time, PolyTALENT GmbH’s estimate is binding for the fee calculation.
7.7 Invoices for the Placement Fee are due within 7 days of receipt, without deduction. If the Client defaults, PolyTALENT GmbH may charge statutory default interest.
7.8 There is no refund of the Placement Fee if the employment/contract later ends. A subsequent voidance or rescission (ex tunc or ex nunc) likewise does not create a refund claim, unless PolyTALENT GmbH caused the reason for contract termination. The Client alone bears the economic risk of the employment/contract relationship.
8. Term Model
8.1 Under the term model, the parties enter into a framework agreement for the ongoing provision of Placement Services over a specified period (the “Term”). During the Term, the Client may issue specific search requests at any time to fill vacancies. PolyTALENT GmbH undertakes, within the agreed capacity, to search for suitable profiles. A specific placement outcome (i.e., a signed contract between Client and Candidate) is not owed. The Client alone makes the final hiring decision and concludes any employment contract.
8.2 Unless agreed otherwise, the Term is 12 months from contract signature. During the Term, PolyTALENT GmbH searches for suitable profiles within the agreed capacity.
8.3 The Client may terminate ordinarily within the first month after contract signature if no Candidate has been presented by then. Notice must be in text form. In that case, only the pro rata fee for the first month is payable. The termination must reach PolyTALENT GmbH no later than one month after the Term begins.
8.4 If at least one Candidate presentation occurs within the first month, or if the Client does not submit timely termination, the agreed Term remains binding. Ordinary termination before the end of the Term is excluded. The right to extraordinary termination for good cause remains unaffected.
8.5 The specific commercial terms—especially the monthly fee, handling of individual search requests, and communication/response timelines—are set out in the offer or a separate individual agreement.
8.6 The term model constitutes a services contract within the meaning of §§ 611 et seq. BGB (German Civil Code).
9. Applicant Management
9.1 PolyTALENT GmbH informs the Client about newly received applications via agreed channels (e.g., by email).
9.2 Unless otherwise individually agreed, PolyTALENT GmbH reviews incoming applications for authenticity, seriousness, substance, and suitability.
9.3 Unless otherwise individually agreed, PolyTALENT GmbH communicates with Candidates.
9.4 If PolyTALENT GmbH provides the Client with access to web-based software for managing applicants, such access is limited to the contract term. The software may be used only for the recruiting processes covered by the contract. PolyTALENT GmbH may use third-party software and servers to fulfill this service.
9.5 The specific scope of the SaaS solution is subject to individual agreement and/or the service description in the offer or on the provider’s website.
9.6 PolyTALENT GmbH grants the Client a non-exclusive, non-transferable right to use the software, as intended, during the contract term. The Client may modify or reproduce the software only to the extent covered by intended use per the then-current service description. Loading the software into RAM on the Client’s server/computer counts as necessary reproduction; installation or storage on local media (e.g., hard drives) is not permitted unless covered by intended use.
9.7 The Client may not provide the software or the allocated storage space to any third party, in whole or in part, for consideration or free of charge. Subletting the software is strictly prohibited.
10. Data Deletion During Operation and After Contract End
10.1 The parties acknowledge that certain deletion deadlines must be observed under data protection law within application processes. As the controller under the GDPR, the Client is responsible for defining the deletion cadence and executing the deletion. The Client may instruct PolyTALENT GmbH to carry out deletion. PolyTALENT GmbH will not proactively delete applicant personal data (integrity and confidentiality).
10.2 Upon termination of the contractual relationship, PolyTALENT GmbH will irreversibly delete applicant data after 4 weeks, unless otherwise required by contract or law. It is the Client’s responsibility to transfer, delete or back up all data it needs from its allocated storage/system in good time. The Client has no claim to receive software suitable for using such data.
Part 3 – Other Provisions
11. Fees
The fees for PolyTALENT GmbH’s services are governed by the individual agreement.
12. Contract Term
The term(s) of PolyTALENT GmbH’s services are governed by the individual agreement and typically follow the offer.
13. Data Protection Responsibility
Each party is independently responsible for proper processing of applicant data. PolyTALENT GmbH is the controller for applicant data in its candidate pool. After transfer of applicant data, the Client is independently responsible for lawful processing of the transferred data (so-called controller-to-controller transfer, “C2C”). The Client is advised that data of rejected applicants must generally be deleted no later than 6 months after rejection; longer retention is only permissible in special circumstances and should be agreed with the data protection officer or a specialist attorney. PolyTALENT GmbH will not audit the Client’s compliance with data protection law in processing applicant data.
14. Confidentiality
14.1 PolyTALENT GmbH shall keep strictly confidential all confidential information that becomes known in preparation, performance and fulfillment of this contract—especially business and trade secrets of the Client—and shall neither disclose nor otherwise exploit such information. This applies vis-à-vis any unauthorized third party, including unauthorized employees of both PolyTALENT GmbH and the Client, unless disclosure is necessary for proper performance under the need-to-know principle. In cases of doubt, PolyTALENT GmbH will obtain the Client’s consent before disclosure.
14.2 PolyTALENT GmbH undertakes to impose confidentiality obligations of equivalent content on all employees and subcontractors engaged in connection with this contract.
15. Liability / Indemnification
15.1 PolyTALENT GmbH is liable without limitation, on any legal ground, in cases of intent or gross negligence; for intentional or negligent injury to life, body or health; under a guarantee (where applicable); or under mandatory liability such as the German Product Liability Act. If PolyTALENT GmbH negligently breaches a material contractual obligation, liability is limited to the foreseeable, typical damage, unless unlimited liability applies under the preceding sentence. Material obligations are those which the contract imposes on PolyTALENT GmbH to achieve the contract’s purpose, whose fulfillment enables proper performance and upon which the Client regularly relies.
15.2 The above liability rules also apply to the liability of PolyTALENT GmbH’s vicarious agents and legal representatives.
15.3 The Client shall indemnify and hold harmless PolyTALENT GmbH against any third-party claims asserted against PolyTALENT GmbH due to the Client’s violations of these T&Cs or applicable law.
16. Final Provisions
16.1 Contracts between PolyTALENT GmbH and the Client are governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
16.2 If the Client is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree that the courts at the registered seat of PolyTALENT GmbH shall have jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
16.3 PolyTALENT GmbH may amend these T&Cs for objectively justified reasons (e.g., changes in case law, legislation, market conditions, business or corporate strategy) with reasonable notice. Existing customers will be notified by email at least two weeks before the change takes effect. If the existing customer does not object within the period stated in the change notice, consent to the change is deemed given. If the customer objects, the changes will not take effect; in that case, PolyTALENT GmbH may terminate the contract extraordinarily as of the intended effective date of the change. The notice of change will highlight the notice period and the consequences of objection or of not objecting.
Version: August 2025