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Terms & Conditions

General Terms and Conditions of Asghar Consultants e.K. for recruitment and HR services

§1 Scope

These General Terms and Conditions (hereinafter "Terms") apply to all business relationships between Asghar Consultants e.K., Rondenbarg 11-17 (Haus 1), 22525 Hamburg (hereinafter "Contractor") and its clients (hereinafter "Client") in the area of recruitment, personnel consulting, and related services.

Deviating, conflicting, or supplementary terms and conditions of the Client shall only become part of the contract if and to the extent that the Contractor has expressly agreed to their validity in writing.

§2 Services

The Contractor provides services in the field of recruitment, in particular:

  • Direct placement of skilled professionals and executives
  • Placement of freelancers for projects
  • Talent assessment and aptitude diagnostics
  • Private employment placement for job seekers
  • Human resources consulting

The exact scope of services results from the respective individual agreement between Contractor and Client. The Contractor owes the careful selection and presentation of suitable candidates, but not the conclusion of an employment contract between the Client and the candidate.

§3 Remuneration

The remuneration of the Contractor is governed by the individual agreement between the parties. Unless otherwise agreed, the following provisions apply:

  • The placement commission becomes due upon the establishment of an employment relationship between the Client and a candidate presented by the Contractor.
  • The amount of the commission is based on the agreed percentage of the gross annual salary of the placed candidate.
  • Candidate proposals are generally free of charge; remuneration is only due in the event of success.
  • All prices stated are exclusive of the statutory value added tax.

Invoices are due for payment without deduction within 14 days of the invoice date, unless otherwise agreed.

§4 Placement Voucher (AVGS)

For applicants who hold a valid placement voucher (AVGS) issued by the Employment Agency (Agentur für Arbeit) or the Job Center (Jobcenter), the following special provisions apply:

  • The placement service is free of charge for the applicant.
  • Remuneration is provided by the responsible cost bearer (Employment Agency or Job Center) on the basis of the submitted placement voucher.
  • The applicant is obliged to present the placement voucher before the start of the placement activity and to ensure that it is valid.
  • The Contractor, as a provider certified under ISO 9001:2015, is entitled to redeem placement vouchers.

§5 Obligations of the Client

The Client undertakes to:

  • Provide all information relevant to the placement (job profile, requirements, conditions) completely and truthfully.
  • Inform the Contractor without delay of the conclusion of an employment contract with a presented candidate.
  • Treat presented candidate profiles confidentially and not disclose them to third parties.
  • Inform the Contractor promptly of any changes regarding the position to be filled.

If the Client hires a candidate presented by the Contractor within 12 months of their presentation -- even if the hiring is not directly attributable to the placement -- the placement commission is deemed to have been earned.

§6 Liability

The Contractor is liable for damages based on an intentional or grossly negligent breach of duty by the Contractor, its legal representatives, or vicarious agents.

In the case of simple negligence, the Contractor is only liable for the breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable damage typical for the contract.

The Contractor assumes no liability for the professional and personal suitability of the presented candidates. The final selection and hiring decision rests exclusively with the Client.

The above limitations of liability do not apply to damages arising from injury to life, body, or health.

§7 Data Protection

The Contractor processes personal data within the scope of recruitment in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). For further information, please refer to our Privacy Policy.

The Client undertakes to use the personal data of candidates transmitted within the scope of recruitment exclusively for the purpose of filling the position and, after completion of the selection process, to delete or return it in compliance with data protection law if no employment contract is concluded.

§8 Confidentiality

Both parties undertake to keep all confidential information received within the scope of the cooperation secret and to neither make it accessible to third parties nor otherwise exploit it. This obligation continues to exist even after the termination of the business relationship.

§9 Term and Termination

Unless otherwise agreed, the placement order may be terminated by either party at any time with a notice period of 14 days in text form (email is sufficient). Candidates already presented remain unaffected by a termination; the obligation to pay remuneration continues to exist if an employment relationship is established with an already presented candidate.

§10 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg, provided that the Client is a merchant, a legal entity under public law, or a special fund under public law.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.

Amendments and supplements to these Terms must be made in writing. This also applies to the waiver of the written form requirement.

Last updated: August 2026. This English translation is provided for convenience; in case of discrepancies, the German version (AGB) prevails.