General Terms and Conditions
Our contractual partners shall be referred to hereinafter as Clients or Hirers of Personality GmbH. Personality GmbH shall also be referred to as the Contractor or Provider. The following terms and conditions shall form a constituent part of all agreements, which Personality GmbH concludes with its Clients. These shall also apply even if they have not been explicitly agreed again.
2. Quotation/ Contract
Written quotations from Personality GmbH shall only become a constituent part of the agreement when the Client has confirmed these by way of a written acceptance. Verbal ancillary agreements shall only become binding upon written confirmation by Personality GmbH.
The Contractor’s services shall include all services and performance in kind which are cited in the agreement and its appendices.
4. The supply dates stated in the written agreements shall be deemed to be binding, subject to the provisions in paragraph 2.
4a.) Personality GmbH shall be released from the obligation to supply if it is prevented from doing so by the occurrence of unforeseeable circumstances despite the utmost care and diligence. These are, for example, force majeure, strikes, lockouts or interventions by the authorities.
4b.) If Personality GmbH is released from the obligation to supply in this respect then any claims for compensation or rights of cancellation or rescission by the Client derived therefrom shall be excluded.
4c.) The assignment for which our employees are hired shall be undertaken by the Client, i.e. the Hirer. It shall supervise and monitor its work. A contractual relationship between our employee and the Hirer shall not be founded hereby.
4d.) If and to the extent it is reasonable and necessary, Personality GmbH employees may be substituted during the contract if the justified interests of the Hirer are not violated.
4e.) In the event of accidents at work concerning hired employees the Provider must be informed immediately and a report on the accident must be prepared and sent to the administrative employers’ liability insurance association (pursuant to Section 193 of Book VII of the German Social Security Code (SGB VII). The Hirer must send a copy to its employers’ liability insurance association.
4f.) Overtime shall only be tolerated by the Provider if and to the extent this is permissible in accordance with the German Working Hours Act (ArbZG). If appropriate, official exemptions are to be obtained by the Hirer and forwarded to the Provider in writing before the assignment. The Hirer shall undertake to inform the Provider without delay of any extraordinary reasons for overtime.
4g.) In accordance with the German Working Hours Act (ArbZG) the employee's breaks must be granted as follows: ex six hours 30 minutes break, ex nine hours 45 minutes break. The Lessor will charge break times at the agreed hourly rates. The Lessee commits to comply with the legally given break times.
5. Occupational Health and Safety
The Hirer must comply with the accident prevention and health and safety regulations applicable to the respective work undertaken by the employee as well as the generally recognised safety and occupational health regulations. Employees must be instructed with regard to the risks associated with their work and the measures to avert them before commencing the assignment and they must be provided with safety equipment if applicable. The Provider shall be obliged to offer the employees a free occupational health examination and to inform the Hirer. The Hirer shall give Personality GmbH right of access to the respective place where the employees shall be assigned so that Personality GmbH may convince itself of compliance with the accident prevention and health and safety regulations.
Personality GmbH shall not be liable for damage caused by temporary staff or for poor work unless this has been caused by intent or gross negligence. In the event of the absence of employees Personality GmbH shall not be obliged to provide alternative personnel. Extraordinary circumstances shall give Personality GmbH the right to withdraw fully or partially from an assignment that has been commissioned. Claims for compensation by the Hirer shall be excluded.
The agreement on the assignment of temporary staff may be cancelled with a notice period of 5 working days unless otherwise agreed in a separate agreement. The notice of cancellation must be in writing. The following in particular shall give Personality GmbH the right to extraordinary cancellation of the agreement on the assignment of temporary staff:
- non-compliance with accident prevention provisions by the Hirer
- default by the Hirer
- unethical headhunting of the temporary staff from Personality GmbH.
8. Terms of Payment
The agreed hourly rates shall be based on the collective terms and conditions applicable at the time the agreement is concluded. If these should be amended Personality GmbH shall reserve the right to adjust the hourly rates to match. The Hirer shall undertake to sign and send Personality GmbH the time sheets provided by the staff on a weekly basis. Assignment hours, which have been recorded by email or electronically, shall also be valid without signature. If no contact partner for the employees is available on site for a signature then the employees of the Provider shall be authorised to sign. The amount invoiced for an assignment is to be transferred to Personality GmbH within 14 days of invoice issue or by the date stated in the invoice. In the event of default, costs of reminders and interest shall be incurred in accordance with statutory provisions. If the Client withdraws from the agreement it shall bear the costs it has incurred up until the withdrawal from the agreement. In the event of cancellations less than 2 weeks before the beginning of an event, the total costs quoted shall be incurred unless other provisions exist.
9. Customer Complaints
The Client must send customer complaints to Personality GmbH in writing, verbally, by email, telephone or fax without delay. If the Client does not comply with its obligation to inform, the Client cannot derive any claims for compensation against Personality GmbH.
10. Written Form
Amendments or additions to agreements must be in writing. Verbal ancillary agreements between the contractual parties do not exist.
11. Partial Effectiveness Statement
If individual provisions of the agreement should be ineffective, the effectiveness of the remaining provisions of the agreement shall not be affected. The contractual partners shall undertake to replace the ineffective provision with a provision such that comes closest to the ineffective one
12. Place of Jurisdiction
Hanover District Court shall be deemed to be the place of jurisdiction even if the client does not have a general place of jurisdiction in Germany or its place of jurisdiction is unknown.
Messegelaende, Halle 4
1. Strasse Ost
D - 30521 Hannover