Terms & Conditions Germany

epunkt München GmbH
(July 2012)

Section 1 Validity
These general terms and conditions (in the following terms and conditions) are applicable for the entire business relationship between the customer and epunkt Kaiser GmbH or epunkt München GmbH (hereinafter, epunkt). Primarily, the deviating provisions in the agreements concluded with the customer are applicable.

Section 2 Modifications
Amendments to the terms and conditions become effective at the beginning of the month, which follows as the next but one to the corresponding information (text form is sufficient) to the customer, legal validity for all present and future business relationships of the customer to epunkt, unless a written objection of the customer is received by epunkt. Also for clause 2, clarifying this, epunkt can also make other provisions, including adjustments to price.

Section 3 Requirement profile, services of epunkt
The customer provides a requirements profile to epunkt for the position to be filled. epunkt makes a pre-selection of candidates and presents them to the customer. epunkt offers advice for the selection of the final candidate.

Section 4 Remuneration
All price specifications are, unless stated otherwise, exclusive of value added tax, are calculated with statutory value added tax.

Section 5 Blocking effect
The customer may not pass on any data pertaining to candidates, even of unsuccessful candidates to a third-party. The customer completely releases epunkt in this regard.

Section 6 Issuing an invoice, payment terms, arrears, offset
The customer receives an invoice for the services rendered basically, for each order by epunkt, if required, even more, in time spaced due dates. Each invoice is a unique and genuine demand for payment. epunkt reserves the right to provide larger total invoice amount in the case of small orders or smaller number of orders. The customer ensures that the remuneration is credited to the account specified - without deductions - latest within 14 days after receipt of the invoice; a due date in accordance with the agreement remains unaffected. On expiry of the 14 days mentioned, the customer has defaulted, without another statement by epunkt, requires another warning. From the time of default in payment, epunkt is authorised, to demand an interest on arrears of 1% per month. Claiming for other damages remains unaffected.

Section 7 Objections
In case of objections against the correctness and claim amount invoiced, the customer should present their objections within four weeks (date on the postmark) from the invoice date, otherwise, the basis and amount of the invoice shall be considered accepted.

Section 8 Liability of epunkt
epunkt shall not be liable, insofar as they themselves or our legal representatives or auxiliary persons are charged of ordinary negligence.

Section 9 Miscellaneous
German laws apply excluding UN-sales law and references to Private International Law.