hereinafter referred to as the Candidate
1. Subject of the Contract
The contract concerns the employment services that DESIGNERDOCK will provide to the Candidate with the goal of finding him or her freelance, short-term or permanent employment. To this end, DESIGNERDOCK shall collect the personal and professional data of the Candidate and use this for offers of employment or other work opportunities. This contract does not guarantee the Candidate employment or job offers, nor does the conclusion of this contract constitute an employment relationship of any kind between the two parties.
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 shall agree to fulfill this obligation promptly 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 percent of the net fee charged to the Client plus VAT for all work services performed within the commission period.
3.2. The commission period shall last 18 months and commences the day the freelance work for which the Candidate invoices the Client begin.
3.3. All freelance services that the Candidate performs for the Client during the commission period are liable to commission. A Client is defined as a party with which the Candidate has formed a working relationship through the activity of DESIGNERDOCK. For this it is sufficient that the communication i.e. the forwarding of the Client’s contact details to the Candidate or the forwarding of the Candidate’s contact details to the Client or the introduction of Client to Candidate is a contributory factor in the establishment of this employment relationship. In case of doubt, the recruitment services provided by DESIGNERDOCK shall be considered to be a contributory causative factor where a contract relationship is formed between Candidate and Client within 24 months of the contact details being provided.
3.4. This commission shall also be payable to DESIGNERDOCK where the Candidate is employed for an activity other than that for which his or her contact details were originally provided by DESIGNERDOCK. The commission is also applicable regardless of whether the work performed for the Client is in the same area of responsibility as the contract relationship that resulted from the original recruitment process or for other contracts for work, labor or other duties.
3.5. The commission is payable where the employment relationship that arises as a result of the provision of contact details is not directly with the Client itself but rather with a third party that is closely related in personal or commercial terms to the Client such that the employment relationship is of an equivalent commercial value for the Client.
3.6. The Candidate shall inform DESIGNERDOCK about all net fees for which he or she draws up an invoice to enable DESIGNERDOCK to invoice it’s commission. For this it is sufficient if the Candidate submits a copy of invoices they have created to DESIGNERDOCK afterwards.
3.7. Commission is due and payable 14 days after receipt of payment of the fee paid by the Client to the Candidate but not before arrival of the DESIGNERDOCK commission invoice. In case of delays to payments by the Client of 6 weeks or more, the Candidate shall send the Client a written reminder and, if payment is still not forthcoming within a further 3 weeks, a dunning letter. Further pursuit of non-payment is up to the Candidate. The Candidate is obliged to inform DESIGNERDOCK about any delays to payment by the Client and any measures taken by him or herself in this regard.
3.8. The Candidate is not obliged to pay a commission on assignments from the following employers/Clients, with whom he or she already has business relations:
4. General Terms
4.1. The Candidate is obliged to inform the DESIGNERDOCK immediately of all activities and relevant agreements with Clients to whom he or she has been directly or indirectly introduced by the 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 or she can check and correct their information. Should doubts still exist, the Candidate is obliged to grant DESIGNERDOCK access to books and accounts upon DESIGNERDOCK’s request. These books and accounts 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 or 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 pay the costs of the audit.
The Candidate will not reveal 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, the DESIGNERDOCK cannot be made liable for an employer’s inability to pay. The 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 the 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 is valid until one of the parties cancels the contract. The contract can be terminated without notice by either side, 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 for these assignments.
4.7. Jurisdiction and Applicable Law
This contract is subject to German law only to the exclusion of International Contact Law. In cases where the Candidate is not located within the Federal Republic of Germany or where the Candidate is a registered merchant, the headquarters of DESIGNERDOCK shall be the sole place of jurisdiction.
4.8. Saving clause
If any of the provisions in this contract is or becomes invalid, it will not affect the validity of the other provisions.
4.9. Internal forwarding
Where interest exists on the part of the Candidate in placement at another office within the DESIGNERDOCK network (see list at www.designerdock.com), DESIGNERDOCK is hereby authorized to provide, for recruitment purposes, the office in question with access to the Candidate’s personal data.