Terms and Conditions


General Terms and Conditions for Personnel Recruitment for Specialists and Managers of Norr-Consult German-Swedish Personnel Consulting




1. Scope.

  • 1.1. The following General Terms and Conditions apply to the business relationship between the customer of Norr-Consult (hereinafter: Customer) and Norr-Consult, Auf der Hanfstelle 1, 27412 Hepstedt, Germany, represented by the owner Thomas Zwentzien (hereinafter: Norr-Consult).


  • 1.2. Norr-Consult does not recognize any conflicting or deviating general terms and conditions of business or contract of the customer unless their validity is expressly agreed to in writing. These terms and conditions also apply if Norr-Consult performs services for the customer without reservation, even with knowledge of conflicting or deviating terms and conditions of the customer.


2. Subject matter of the contract

  • 2.1. Norr-Consult is an owner-managed personnel consultancy that supports companies in filling open positions and specializes in specialists and managers.
  • 2.2. The customer commissions Norr-Consult with one or more components of the service portfolio.
  • 2.3. This contract governs the resulting rights and obligations of the parties.


3. Services provided by Norr-consult

  • 3.1. Norr-Consult provides the customer with a comprehensive service portfolio to support companies in filling vacant positions;

This service portfolio includes in particular:

  • 3.1.1. Consulting services at the beginning of the recruitment process:
  • 3.1.1.1. Recording and identifying the desired characteristics of a candidate according to the position to be filled,
  • 3.1.1.2. Creation of a job description,
  • 3.1.1.3. Creation of a so-called target list (list of companies that are likely to employ potentially suitable candidates);

including blacklist (i.e., list of companies that should not be contacted at all times at the customer's request),

  • 3.1.2. Identification, outreach and pre-selection services
  • 3.1.2.1. Identification of suitable potential candidates (sourcing),
  • 3.1.2.1.1. within the companies that were included on the target lists,
  • 3.1.2.1.2. in publicly accessible networks (such as XING, LinkedIn, Facebook, etc.) and/or
  • 3.1.2.1.3. in own data sets,
  • 3.1.2.2. Advertising on https://www.norr-consult.com and/or other media,
  • 3.1.2.3. Direct approach to candidates,
  • 3.1.2.4. Transmission of candidate profiles, insofar as the customer requests the transmission of the candidate profiles at this stage,
  • 3.1.2.5. Conducting initial interviews for negative pre-selection by the consultant,
  • 3.1.3. Selection services
  • 3.1.3.1. Transmission of the pre-selected candidate profiles to the client,
  • 3.1.3.2. Accompanying the client during candidate interviews, if requested by the client,
  • 3.1.3.3. Advice regarding candidates (interviews) until the conclusion of an employment contract.


4. Specific scope of services, conclusion of the contract, project timeline

  • 4.1. The customer may commission Norr-Consult with all services or parts of the service portfolio according to section 3. Upon the customer's request, Norr-Consult will prepare a proposal.

Norr-Consult will issue a binding offer specifying the individual service components and, where applicable, their quantitative scope, as well as

The services to be provided (remuneration/fees) are listed.

  • 4.2. The contract between Norr-Consult and the customer is concluded by acceptance of the offer prepared by Norr-Consult in accordance with section 4.1.

Acceptance of the offer should be effected by submitting the handwritten, signed offer via email.

  • 4.3. The concluded contract will be referred to below as the order.
  • 4.4. The expected performance period for the implementation of the order will be specified in the order.

The performance period can also be determined from communication between the parties, if and insofar as this communication took place at least in written form.


5. Regulations for contacting candidates and obtaining consent

  • 5.1. Norr-Consult undertakes to approach candidates exclusively in accordance with the permissible criteria arising from the established case law of the German Federal Court of Justice (BGH), such as
  • 5.1.1. brief contact,
  • 5.1.2. upon disclosure of true identity
  • 5.1.3. with reference to possible job changes,
  • 5.1.4. with a brief job description and
  • 5.1.5. Offer to make contact outside the work environment,
  • 5.1.6. without conducting detailed confrontations with the resume.


  • 5.2. Norr-Consult undertakes to obtain the necessary consent from candidates for the use of their data.


  • 5.3. However, the customer is aware that the limits of competition law are controversial, and that in times of narrowing demand markets, any

Soliciting employees from competitors is subject to observation by competitors, and competitors may take action against the company based on alleged unlawful solicitation.

a cease and desist letter under competition law may be issued, regardless of whether the cease and desist letter is ultimately considered justified.

Furthermore, the client is aware that, as the client, they can be held directly liable under competition law alongside Norr-Consult. The parties are

It is agreed that the customer shall bear the costs of any potential warning letter, both with regard to their own company and Norr-Consult, if and

to the extent that Norr-Consult can credibly demonstrate that Norr-Consult acted in a legally justifiable manner in compliance with competition law in its direct approach.


6. Data protection, data processing agreement

  • 6.1. Norr-Consult processes personal data on behalf of the customer.
  • 6.2. To regulate this data processing, the parties conclude a data processing agreement within the meaning of Section 11 of the German Federal Data Protection Act (BDSG) or within the meaning of the regulation.

(EU) 2016/679 – General Data Protection Regulation (GDPR), which has been in force since May 2016 and will become directly applicable throughout the EU from 25 May 2018.

  • 6.3. Furthermore, Norr-Consult undertakes to oblige its employees to maintain data secrecy in accordance with Section 5 of the German Federal Data Protection Act (BDSG) or, from May 25, 2018, to maintain confidentiality regarding data in accordance with the GDPR.


7. Right to use third parties

  • 7.1. Norr-Consult may use third parties to provide the services offered. This applies in particular to sourcing activities as defined in [relevant legal provision].

the identification and contact services as defined in section 3.1.2.

  • 7.2. Norr-Consult undertakes to conclude a data processing agreement with commissioned third parties in accordance with Section 11 of the German Federal Data Protection Act (BDSG) or in accordance with Regulation (EU) 2016/679 –

to conclude in accordance with the General Data Protection Regulation (GDPR), insofar as this is necessary.

  • 7.3. Norr-Consult undertakes to oblige commissioned third parties to maintain data secrecy in accordance with Section 5 of the German Federal Data Protection Act (BDSG) or, from May 25, 2018, to ensure the confidentiality of data.

which he receives or becomes aware of in connection with the order, to be bound in accordance with the GDPR.


8. Customer's exclusivity guarantee

  • 8.1. The customer undertakes not to engage any third party besides Norr-Consult to fill the assigned position(s).
  • 8.2. The obligation under clause 8.1 does not affect the customer's right to fill the appointed position himself.
  • 8.3. The customer is obliged to provide proof upon request from Norr-Consult,

that the positions were filled exclusively through in-house personnel marketing and recruitment services.


9. Customer protection clause (off-limits rule)

  • 9.1. Norr-Consult undertakes, upon being commissioned by the client, not to employ any of the client's employees in the interest of third parties for the duration of the contract.

to approach and/or recruit.


10. Obligations to cooperate, contact persons

  • 10.1. Norr-Consult and the client agree, without this giving rise to any corporate rights or obligations, to pursue a targeted,

cooperative collaboration.

  • 10.2. For this purpose, the customer shall designate a contact person who will be responsible for any questions that may arise and for providing all required information and

other obligations to cooperate with regard to an order and to issue and receive legally binding declarations,

is entitled to do so insofar as they are necessary for the fulfillment of the order and thus this contract.


11. Consideration (compensation/fee), due date

  • 11.1. If the client commissions Norr-Consult's full range of services to fill a position, the services to be provided by the client will be

The consideration (compensation/fee), unless otherwise agreed individually, is calculated as follows:

  •  1.1.1. Norr-Consult receives a fee of 30% of the annual gross salary planned (i.e., budgeted) by the client (including fixed salary, allowances,

variable remuneration or other income components such as company cars) of the candidate to be hired;

  • 11.1.2. If the annual salary of the hired candidate actually exceeds the originally planned gross annual salary, Norr-Consult receives 30%

of the actual annual salary (including allowances, variable compensation or other income components such as company cars) of the hired candidate;

  • 11.1.3. The annual salary of the hired candidate is actually lower than the originally planned gross annual salary (including allowances,

Norr-Consult receives a fee in accordance with section 11.1.1 for variable remuneration or other income components such as company cars.

  • 11.1.4. If the client hires more than one candidate within the scope of or as a result of a completed assignment, the client shall pay for this and each additional candidate.

Each hired candidate receives a fee of 20% calculated on the actual gross annual salary stipulated in the employment contract (including allowances,

variable remuneration or other income components such as company cars) to be paid.

  • 11.1.5. Clause 11.1.4 applies accordingly with regard to the amount of the fee if Norr-Consult proactively contacts a client or potential client, but with reference to

These terms and conditions apply if a candidate is proposed and the customer hires the candidate and cannot prove that the candidate was hired through other recruitment measures of their own.

  • 11.2. The amount of remuneration to be paid by the customer for the services to be provided by Norr-Consult is determined by the binding individual order.

as determined according to point 4.

  • 11.3. If there is no agreement on the amount of remuneration for an order, the remuneration will be calculated accordingly in accordance with clause 11.1.
  • 11.4. Norr-Consult is entitled to information regarding the planned and actual gross annual salary of the hired candidate.
  • 11.5. Unless otherwise agreed, the fee is payable in the following installments:
  • 11.5.1. - 1/3 of the agreed fee upon placement of the order;
  • 11.5.2. - 1/3 of the agreed fee after completion of the identification and first pre-selection phase as defined in section 3.1.2.
  • 11.5.3. - 1/3 of the agreed fee after conclusion of the employment contract between client and candidate; the candidate's commencement of work is expressly irrelevant.


  • 11.6. All prices listed in offers or orders are exclusive of the applicable statutory value added tax.


12. Cancellations

  • 12.1. Order cancellations are possible under the following conditions:
  • 12.1.1. If a commissioned position is filled internally by an existing employee or externally through demonstrably the customer's own recruitment measures

could be occupied.

  • 12.1.2. If the customer decides not to fill the commissioned position.
  • 12.2. If an order is cancelled within five weeks of the order being placed, only the first installment according to clause 11.5.1 is payable.
  • 12.3. If an order is cancelled five weeks after the order was placed, the first installment according to clause 11.5.1 and the second installment according to clause 11.5.2 are payable.
  • 12.4. Costs already incurred for placing media advertisements must be reimbursed by the customer to Norr-Consult even in the event of cancellation.

13. Liability

  • 13.1. Norr-Consult shall be liable without limitation for damages caused intentionally or through gross negligence by itself, its employees and vicarious agents.

in the case of fraudulent concealment of defects, in the case of the express assumption of a guarantee, as well as for damages resulting from injury to life, body and health.

  • 13.2. Norr-Consult shall only be liable for other damages if a duty is breached, the fulfillment of which is essential for the proper execution of the contract.

and on whose compliance the contractual partner may regularly rely (cardinal obligation). Liability for damages is limited to such damages as:

which are considered typical and foreseeable under the contract. Any liability under the Product Liability Act remains unaffected. Any liability of Norr-Consult beyond the foregoing is excluded. In particular, Norr-Consult is not liable for lost profits, lost savings,

indirect damages and consequential damages.


14. Confidentiality/Non-Disclosure Agreement

  • 14.1. Norr-Consult and the client undertake to disclose all confidential information entrusted to them or which becomes known to each other within the scope of the contract.

which they became aware of during the course of their cooperation, not to disclose to third parties or use without authorization during and after the termination of the contractual relationship.

to use for their own business purposes. The confidential information of both parties is to be used exclusively for the preparation and execution of the project by Norr-Consult for

to use the order to be carried out by the customer.

  • 14.1.1. “Confidential Information” within the meaning of this Agreement includes, in particular, all information disclosed orally or in writing during the term of the Agreement.

Information exchanged via data transmission, which one party receives from the other for order processing and which is marked as confidential or whose confidentiality arises from the subject matter itself or other circumstances; this includes in particular, but not exclusively, all personal data of candidates.

  • 14.1.2. Information that is not confidential (public) is:

- were already publicly known before being commissioned or became publicly known afterwards without breach of this agreement,

- must be made accessible to public authorities due to mandatory regulations,

- have been released in writing as non-confidential information by the respective contracting party providing the information.

The burden of proof regarding the public nature of information for one or more of the aforementioned reasons lies with the user of that information.

If secret information is lawfully disclosed, the confidentiality of that information ceases.

  • 14.2. The parties shall indemnify against any documents and data, including copies, that came to their knowledge in connection with the performance of the contract.

to prevent unauthorized access.

  • 14.3. Documents and other physical carriers of the exchanged information, including all their copies, must be returned immediately after termination of the contract and

to be returned to the contractual partner without being requested. Electronically stored data must be deleted or – should deletion be required due to retention obligations –

It may not be possible to block access. Upon written request, confidential information, including copies thereof, must be returned even during the execution of the order.

to delete or block.

  • 14.4. The obligation of confidentiality also applies after termination of the contractual relationship and can only be waived in writing by the party concerned.

Furthermore, both parties undertake to carefully safeguard the documents provided for the purpose of the contract – insofar as these cannot be deleted for legal or factual reasons – and to protect them against access by third parties.

  • 14.5. Norr-Consult and the customer undertake to disclose confidential information only to such employees or third parties,

which in turn are subject to a confidentiality and non-disclosure agreement containing obligations that correspond to the present agreement.


15. Trademark protection and public relations

  • 15.1. Norr-Consult is only entitled to use the customer's trademark and associated logos as a reference for marketing purposes, both online and offline, if and

to use such items if the customer has expressly agreed to such use, at least in written form.

  • 15.2. The name Norr-Consult, the associated logo and all related designations are trademarks of Norr-Consult.

Any use of these trademarks by the customer requires the prior written consent of Norr-Consult, unless it is a use

on behalf of the customer within the meaning of clause 16.1.


16. Final Provisions

  • 16.1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
  • 16.2. The exclusive place of jurisdiction for all disputes arising from this contract is Tostedt. This applies in any case if the customer is a merchant or a legal entity under public law.

or is a special public-law fund, or if the customer has no general place of jurisdiction or residence in Germany, or if their habitual residence is unknown at the time the action is brought.

  • 16.3. Amendments or additions to this contract must be in writing, unless this contract explicitly refers to text form for amendments or

Reference is made to the amendments. Any changes or additions to this clause must be in writing.

  • 16.4. Any prior framework agreements between the parties shall become obsolete upon the entry into force of this Agreement unless expressly agreed otherwise.
  • 16.5. Should any provision of this agreement be invalid, this shall not affect the validity of the remaining provisions. The same applies in the event of a contractual gap.





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