Tangstedter Weg 60, 22851 Norderstedt (hereinafter “Trident”)

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§ 1 Scope, Contract Structure

These GTC apply to all contracts between Trident and customers, provided the customer is an entrepreneur within the meaning of Sec. 14 German Civil Code (BGB), a legal entity under public law, or a special fund under public law. Contracts with consumers (Sec. 13 BGB) will not be concluded.
The respective individual order/offer specifies term, scope, remuneration, and billing method.
Only these GTC shall apply. Deviating customer GTC shall only become part of the contract if Trident has expressly agreed to them in writing.

§ 2 Subject Matter of Services (Modules)

Trident offers two service modules that may be commissioned individually or in combination:
Module A – Services (Recruiting Services): active sourcing/headhunting, applicant management & communication, creation/placement of job ads, social-media/Meta campaigns (Facebook/Instagram), reporting, scheduling, translation and accompanying services, documentation.
Module B – Success-Based Permanent Placement (Placement): identification, approach, and presentation of candidates for permanent employment with the customer.
Unless expressly agreed otherwise in writing, Trident does not owe any specific success (in particular no guarantee of a hire, number of qualified applications, ROI/KPIs).
Trident may use vicarious agents/third parties.

§ 3 Commissioning Process & Definition of “Introduction”

Commissions may be placed by phone, in writing, by email, or messaging app; telephone commissions must be confirmed in writing (email sufficient).
A candidate is deemed introduced once
a) the CV/profile report (set card) has been provided, or
b) Trident has enabled the customer to identify the person via references/pointers, or
c) other actions by Trident causally lead to employment.
Prior knowledge objection: If the candidate was already known to the customer within the last 12 months prior to the introduction (own application or third-party introduction), the customer shall notify Trident without delay and provide verifiable proof upon request.

§ 4 Customer’s Duties to Cooperate

The customer designates empowered contacts and provides complete information on the position (must-have/nice-to-have criteria, process, compensation range incl. benefits) as well as required access (platforms/ATS); changes must be communicated without delay.
The customer independently decides on selection, invitations, hiring, and contract terms; the customer complies with data protection, labor, and immigration law.
Approvals (ads, budgets, visuals, texts) must be granted in a timely manner. Failure to cooperate may delay schedules; Trident’s remuneration claim remains unaffected.

§ 5 Ads, Campaigns & Third-Party Costs

Media budgets/placement costs (e.g., Meta, job boards, licenses) are third-party costs borne by the customer and billed separately unless otherwise agreed in the offer (direct billing by the provider or rebilling against proof).
Third-party providers may reject, block, or remove content/campaigns under their own policies; Trident assumes no liability for such actions.
Customer-supplied content must be lawful and free of third-party rights; the customer indemnifies Trident from third-party claims.

§ 6 Fees & Billing

A. Module A – Services
Remuneration pursuant to the offer on a daily/time basis; monthly billing according to actual effort or flat fee as agreed in the offer.
Prices are net plus statutory VAT. Invoices are due within 14 calendar days from invoice date, quoting the invoice number.
Set-off/retention is permitted only with undisputed or finally adjudicated claims.

B. Module B – Success-Based Placement
For each hire of a person introduced by Trident (including hires by affiliated companies pursuant to secs. 15 et seq. German Stock Corporation Act), the customer owes a success fee.
Due date: upon mutual signature of the employment contract. The customer provides remuneration data (start date, annual salary incl. benefits, probation) within 7 calendar days after hiring.
Tail period: the fee is also owed if the hire occurs within 12 months after the introduction (including affiliated companies), unless the customer proves within 14 days of invoice receipt that the hire is not (even partially) attributable to Trident’s introduction.
If the hired person demonstrably does not commence employment, Trident refunds any success fee already paid 100%within 7 business days of becoming aware.

§ 7 Service Performance, Timelines & Reporting (Module A)

Services are rendered with due care, generally Mon–Fri, 09:00–18:00 (support via phone/WhatsApp/email).
Reports/status updates as per the offer (e.g., weekly) with key KPIs/process status.
Schedules are planning values; deadlines start once all cooperation duties are fulfilled and necessary approvals/access are granted.

§ 8 Rights to Work Results (Module A)

Upon full payment, the customer receives a simple, non-transferable right of use to work results created for the customer (ads, texts, visuals, set cards, templates, reports) for the contractual purpose.
Disclosure/editing beyond the contractual purpose or use by affiliated companies requires prior written consent.
Rights to know-how, methods, templates, and tools remain with Trident.

§ 9 Data Protection

Both parties process personal data in accordance with GDPR/BDSG and implement TOMs (Art. 32 GDPR).
Each party fulfils information duties under Arts. 13/14 GDPR within its own responsibility and provides reasonable support regarding data subject rights.

§ 10 Confidentiality

Both parties shall treat all business and candidate information as strictly confidential—also beyond the end of the contract.

§ 11 Liability

Trident is liable for damages only in cases of intent and gross negligence; in cases of simple negligence only
a) for injury to life, body, or health, and
b) for breaches of material contractual obligations (cardinal duties), limited to the foreseeable, typical damage.
No liability for third-party actions (e.g., blocking/removal of campaigns), indirect damages/lost profits, or data/program losses beyond the effort typically required for proper backups.
Mandatory liability (e.g., under the Product Liability Act) remains unaffected.

§ 12 Term, Termination

Unless otherwise stated in the offer, the framework agreement is open-ended. Individual orders have the minimum term stated therein (e.g., 3 months) and—if agreed—renew automatically by the original term unless terminated in writing with 2 weeks’ notice to the end of the term.
Ordinary termination during the minimum term is excluded; extraordinary termination for good cause remains possible.
Terminations must be in writing. Remuneration claims already accrued remain unaffected.

§ 13 Third-Party Rights

Materials provided by the customer (logos, images, videos, texts) must be free of third-party rights and/or the necessary usage rights/consents must exist; the customer indemnifies Trident against third-party claims.

§ 14 Force Majeure

Events beyond reasonable control (e.g., outages of third-party platforms, strikes, pandemics, official measures) release the affected party from performance obligations for the duration and extent of the disruption.

§ 15 Final Provisions

Place of performance and jurisdiction—where legally permissible—is Norderstedt; the laws of the Federal Republic of Germany apply.
Written form: amendments/supplements require written form; individual agreements take precedence over these GTC (Sec. 305b BGB).
Severability: if any provision is invalid, the validity of the remaining provisions shall not be affected; the invalid provision shall be replaced by a valid one that comes closest to the economic purpose.

Gender note: For readability, a uniform linguistic form is used; it applies equally to all genders.

 

Version: 28 October 2025