General Terms and Conditions (GTC) of BRIDGERS S.R.L. (English)
  1. Scope of Application
1.1. These General Terms and Conditions (hereinafter “GTC”) apply to all service contracts for placement services concluded between BRIDGERS S.R.L., ___________, ___ (hereinafter “BRIDGERS”) and its clients (hereinafter “Client”), as well as between BRIDGERS and the IT specialists mediated by BRIDGERS (hereinafter “IT Specialist”). 1.2. Deviating, conflicting or supplementary terms and conditions of the Client or the IT Specialist shall not become part of the contract, even if known, unless BRIDGERS expressly agrees to their validity in writing. 1.3. These GTC also apply to all future business relationships, even if they are not expressly agreed again.
  1. Subject Matter of the Contract and Scope of BRIDGERS’ Services
2.1. BRIDGERS is a recruitment agency specialized in the placement of qualified IT specialists from Romania to companies in Germany. The subject matter of the contract is the placement of IT specialists to fill positions (full-time, part-time) or to carry out projects (freelance basis). 2.2. BRIDGERS’ services include in particular: a) Recording the Client’s requirement profile or the IT Specialist’s qualification profile. b) Identification, pre-selection and presentation of suitable candidate profiles or appropriate positions/projects. c) Coordination of interviews, technical tests and negotiations. d) Support with communication between the parties until a contract is concluded. 2.3. BRIDGERS only owes the placement activity, not the conclusion of a contract between the Client and the IT Specialist. BRIDGERS does not guarantee the success of the placement or the quality of the services provided by the IT Specialist.
  1. Obligations of the Client
3.1. The Client undertakes to provide BRIDGERS with all information relevant for the placement (e.g. job descriptions, requirement profiles, salary budgets, starting dates) truthfully and completely. 3.2. The Client shall immediately inform BRIDGERS of the conclusion of an employment or project contract with an IT Specialist placed by BRIDGERS and shall provide BRIDGERS, upon request, with a copy of the contract (with sensitive data anonymized). 3.3. The Client undertakes, during the cooperation and for a period of 12 months after termination of the cooperation, not to contact IT Specialists presented by BRIDGERS directly in order to arrange employment or a project, without informing BRIDGERS and paying the agreed placement fee.
  1. Obligations of the IT Specialist
4.1. The IT Specialist undertakes to provide BRIDGERS with all information relevant for the placement (e.g. CV, qualifications, references, availability, salary expectations/hourly rates) truthfully and completely, and to update such information immediately in the event of changes. 4.2. The IT Specialist shall immediately inform BRIDGERS of the conclusion of an employment or project contract with a Client placed by BRIDGERS. 4.3. The IT Specialist undertakes, during the cooperation and for a period of 12 months after termination of the cooperation, not to contact Clients presented by BRIDGERS directly in order to arrange employment or a project, without informing BRIDGERS.
  1. Placement Fee (for Clients)
5.1. A placement fee shall be payable exclusively by the Client to BRIDGERS once an employment contract or project contract is concluded between the Client and an IT Specialist placed by BRIDGERS. 5.2. The amount of the fee and the payment terms shall be agreed in a separate placement contract or offer. Unless otherwise agreed, the fee shall become due 14 days after the start of the IT Specialist’s activity with the Client. 5.3. For the IT Specialist, the placement service of BRIDGERS is free of charge.
  1. False Self-Employment and Direct Employment (Notes)
6.1. BRIDGERS expressly draws the Client’s attention to the risks of false self-employment under German law. The Client is solely responsible for the correct legal classification of the contractual relationship with the freelance IT Specialist and for compliance with all statutory provisions. 6.2. In the case of direct employment of an IT Specialist in Romania by the Client, BRIDGERS points out the complexity of Romanian labor, social security and tax law, as well as the potential permanent establishment risk. BRIDGERS strongly recommends the use of an Employer of Record (EOR) or a Professional Employer Organization (PEO).
  1. Confidentiality
7.1. The parties undertake to treat all confidential information that becomes known to them in the course of the cooperation (in particular business information, information about candidates/clients, projects and conditions) strictly confidentially and not to disclose it to third parties, unless this is necessary for the performance of the contract or required by law. 7.2. The obligation of confidentiality shall continue to apply after the termination of the cooperation.
  1. Data Protection
8.1. BRIDGERS processes personal data of Clients and IT Specialists exclusively for the purpose of placement and contract execution in accordance with the General Data Protection Regulation (GDPR) and the applicable Romanian data protection laws. 8.2. The Client and the IT Specialist agree to the processing of their data by BRIDGERS and to the transfer of such data to potential contractual partners as part of the placement activity. Details are regulated in BRIDGERS’ Privacy Policy.
  1. Liability
9.1. BRIDGERS shall only be liable for damages caused intentionally or by gross negligence. Liability for slight negligence is excluded to the extent permitted by law. 9.2. BRIDGERS accepts no liability for the services or conduct of the IT Specialists placed, or for the performance of contracts concluded between the Client and the IT Specialist.
  1. Term and Termination
10.1. The cooperation on the basis of these GTC begins with the first contact for placement and is for an indefinite period. 10.2. Either party may terminate the cooperation at any time in writing. 10.3. The right to immediate termination for good cause remains unaffected.
  1. Applicable Law and Jurisdiction
11.1. All disputes arising from or in connection with these GTC shall be governed by Romanian law, excluding conflict of law provisions. This applies in particular to the relationship between BRIDGERS and the IT Specialist. 11.2. For disputes between BRIDGERS and the Client, German law and jurisdiction in Germany may be agreed upon in the individual placement contract. Otherwise, Romanian law and Romanian jurisdiction shall apply.
  1. Final Provisions
12.1. Amendments and supplements to these GTC must be made in writing. 12.2. Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision.