This contract is subject to change. The current version is available from your nearest DESIGNERDOCK office.
JOHN Q. PUBLIC
1. Subject of the contract
The contract pertains to the employment services that DESIGNERDOCK will provide to the Candidate with the goal of finding him or her freelance, short-term or permanent employment.
2. Permanent positions
2.1. DESIGNERDOCK will not charge the Candidate a fee for placing him or her in a permanent position.
2.2. If DESIGNERDOCK introduces the Candidate to potential employers, their partner companies or subsidiaries, the Candidate is obliged to provide DESIGNERDOCK with a truthful account of the interview and, if applicable, with accurate information on any employment contract that he or she signs. The Candidate agrees to fulfill this obligation within 48 hours of receiving an offer of employment and without a prior request from DESIGNERDOCK.
3. Freelance work
3.1. If DESIGNERDOCK finds freelance work for the Candidate, he or she will pay DESIGNERDOCK a commission of 10 per cent of the net fee charged to the employer plus VAT.
3.2. The Candidate will provide DESIGNERDOCK with information on the net fee by submitting a copy of the invoice sent to the employer.
3.3. The commission is due and payable fourteen days after the Candidate receives payment of the fee from the employer. The Candidate agrees to immediately inform DESIGNERDOCK of receipt of payment.
3.4. Even if the Candidate is subsequently hired on a permanent basis by the employer, any freelance work he or she takes on for that employer will be subject to the aforementioned obligations.
3.5. The aforementioned provisions are also applicable if the Candidate enters into contracts for work and labour, contracts for personal services, or non-permanent employment contracts with employers that he or she has learned about directly or indirectly through the services of DESIGNERDOCK. In particular, these provisions cover follow-up assignments from an employer to whom the Candidate has been introduced by DESIGNERDOCK.
3.6. Commission is due for every current and future project undertaken for clients acquired through DESIGNERDOCK. This obligation begins on the first booking date and ends 18 months after the first invoice has been paid to DESIGNERDOCK.
All client contacts submitted to the Candidate by DESIGNERDOCK remain governed by the terms of this contract for 24 months. In case of a renewed contact with a previous employer or an employer prospect within this period, the candidate is obliged to inform DESIGNERDOCK without delay.
3.7. The Candidate is not obliged to pay a commission on assignments from the following employers/clients, whom he or she has explicitly named:
4. General terms
4.1. The Candidate is obliged to inform DESIGNERDOCK immediately of all activities and relevant agreements with clients (employers) to whom he or she has been directly or indirectly introduced by DESIGNERDOCK. The Candidate is also obliged to provide information on fees resulting from such agreements.
4.2. Right to obtain information
If there is any reason to doubt the correctness of the information provided by the Candidate concerning fee agreements or receipts of payment, DESIGNERDOCK will give the Candidate a deadline in which he/she can check and correct their information. Should doubts still exist, the Candidate is obliged to grant DESIGNERDOCK access to invoices, receipts and accounts upon DESIGNERDOCK's request. These may be examined by a person sworn to professional secrecy or by an independent auditor. In addition to this, the Candidate herewith gives the clients he/she has worked with through DESIGNERDOCK permission to reveal all invoices sent to that client by the Candidate. Should it become apparent, after the audit of the billing records, that the Candidate has not been forthcoming with all information relevant to DESIGNERDOCK, then the Candidate must then pay the costs of the audit.
The Candidate is not authorized to disclose to third parties any contact data, knowledge or information that he or she has received from DESIGNERDOCK concerning clients to whom he or she has been introduced. In particular, the Candidate is not permitted to introduce third parties to the clients put in contact with the Candidate by DESIGNERDOCK. DESIGNERDOCK reserves the right to claim damages for breaches of this provision.
The Candidate agrees that DESIGNERDOCK may collect, process and use personal data to the extent that this is necessary for job placements.
In conjunction with its employment services, DESIGNERDOCK is only liable for willful acts and gross negligence. It is subject to no other liability. In particular, DESIGNERDOCK cannot be made liable for an employer’s inability to pay. DESIGNERDOCK and the Candidate agree that no employer-employee relationship exists between them. The Candidate is solely responsible for arranging and paying contributions to social insurance programs. It is understood that DESIGNERDOCK's services consist solely of finding work for the Candidate.
4.6. Start and termination of the contract, written form
The contract begins on the day this contract is signed by the Candidate and runs for an indeterminate period. The contract can be terminated without notice by both sides, but notice of termination must be made in writing. Termination will not have any bearing on the assignments that the Candidate has received before termination, nor on his or her obligations regarding commission due, as listed in 3.6, nor on the obligations listed in 4.2 to 4.4. Those listed in 4.2 to 4.4 are terminated automatically after a period of one year.
4.7. Jurisdiction and applicable law
This contract is subject to German law. The place of jurisdiction for disputes arising from this contract is Berlin-Charlottenburg.
4.8. Saving clause
If one provision of this contract is or becomes invalid, it will not affect the validity of the other provisions. Both parties agree that the invalid provision will be replaced by one that is both legally valid and commensurate with the economic purpose of the invalid provision. The same will apply if the contract is found to contain any gaps or omissions.
Signed on the