Terms of Service
1. Scope
(1) These general terms and conditions apply to all contracts between
Perfomynd / Sebastian Bach
Zitronenfalterweg 8
63457 Hanau (Germany)
(hereinafter "Service provider")
and clients (hereinafter "Client").
(2) Deviating conditions of the Client shall not apply unless the Service provider expressly agrees to their validity in writing.
2. Subject matter
(1) The Service provider delivers services in recruitment, active sourcing, and executive search.
(2) The specific scope of services follows from the individual contract or offer.
3. Conclusion of contract
(1) A contract is formed when the Client accepts an offer from the Service provider.
(2) Offers from the Service provider are non-binding unless stated otherwise.
4. Client obligations
(1) The Client shall provide all information, documents, and access required for performance in good time.
(2) The Client is responsible for the lawfulness of job descriptions, requirements, and selection decisions.
5. Fees and payment
(1) Fees are based on the agreed offer.
(2) All prices are final prices within the meaning of the German small business rule (Section 19 German VAT Act). No VAT is shown.
(3) Invoices are payable immediately upon receipt without deduction unless otherwise agreed.
6. Timelines and delays
(1) Dates and deadlines are binding only if expressly agreed in writing.
(2) Delays due to incomplete or delayed cooperation by the Client shall not be attributed to the Service provider.
7. Liability
(1) The Service provider is liable for damages only in cases of intent and gross negligence.
(2) In cases of ordinary negligence, liability is limited to damages arising from injury to life, body, or health and to damages from breach of a material contractual obligation.
(3) In the latter case, liability is limited to the damage typically foreseeable.
8. Data protection
(1) The Service provider processes personal data solely in accordance with applicable data protection law (GDPR, BDSG).
(2) Further information is available in the privacy policy on this website.
9. Confidentiality
(1) Both parties shall treat as confidential all business and trade secrets learned in the course of the engagement.
(2) This obligation continues after termination of the contract.
10. Term and termination
(1) The contract ends upon fulfilment of the agreed service.
(2) Early termination is possible if made in writing and for good cause.
11. Final provisions
(1) The law of the Federal Republic of Germany applies.
(2) Place of performance and jurisdiction is, where legally permissible, the registered office of the Service provider.
(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.