General cooperation and commission conditions
MoBerries operates an online-based platform which enables companies to locate potential employees for their company. Candidates who are interested in finding a job through MoBerries register with MoBerries for this purpose and are simultaneously registered in the MoBerries database. Should the requirements of the company regarding the vacant position match the profile of a registered candidate, MoBerries proposes this candidate to the company and, if there is mutual interest by the company, the platform allows the company to contact the candidate for the platform to consider the occupation of the post.
The recruiter is an entrepreneur or company who provide candidates to other companies in the course of their commercial or independent professional activity. In this context, it may happen that the recruiter draws the attention of a candidate known to him (without being obliged to do so) of the services offered by MoBerries and recommends that they register with MoBerries as a candidate and have them register in the respective database.
1. Definitions, Contracting Parties
Recruiter means the entrepreneur or company that register on the website https://www.moberries.com as a "recruiter". By doing so they agree to the General Cooperation and Commission Terms and Conditions by clicking on the "I accept the General Cooperation and Commission Conditions MoBerries GmbH "on the website https://www.moberries.com has accepted.
MoBerries means the MoBerries GmbH with seat in the Schwedter Str. 9a, 10119 Berlin, Germany, which is registered in the commercial register of the district court Berlin Charlottenburg under the number HRB 165716 B.
2. Scope, setting up a user account
2.1 These General Cooperation and Commission Terms and Conditions (the "General Cooperation and Commission Conditions") apply exclusively. Conflicting terms or conditions deviating from or supplementing these general conditions of cooperation and commission, in particular general (order) terms and conditions of the Recruiters, are hereby rejected. Deviations or additions will only be accepted if MoBerries expressly agrees to them in writing.
2.2 These General Cooperation and Commission Terms and Conditions apply only to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) BGB.
2.3 MoBerries will provide the recruiter with an online user account as part of the MoBerries platform via the website https://www.moberries.com.
3. Mediation work of the recruiter
3.1 The Recruiter is entitled (but not obliged) to occasionally identify potential candidates for MoBerries in accordance with these General Cooperation and Commission Conditions, to introduce them to MoBerries' services and to draw attention to them and recommend them to the potential candidate - using the link referred to in paragraph 3.6 - to register and register in the appropriate database.
3.2 The recruiter may only use additional sales partners to carry out activities in accordance with these General Cooperation and Commission Terms and Conditions with the express prior written consent of MoBerries.
3.3 MoBerries is entitled to grant authorizations in accordance with these General Cooperation and Commission Conditions to several Recruiters side by side. MoBerries also has the right to identify and identify candidates for its database.
3.4 As far as MoBerries decides to provide the recruiter with explanatory and / or promotional materials or other documents or information regarding the services offered by MoBerries, whether it be MoBerries' choice in print or in digital form (the "Materials"), the Recruiter will if he decides to act in accordance with these General Terms and Conditions of Cooperation and Commission, in particular to use these materials to an appropriate extent for the presentation of the services offered by MoBerries. The recruiter will handle the materials carefully and use them exclusively for the above purposes. The recruiter will only hand over materials to potential candidates if they have expressly requested him to do so, and only to the extent that these materials are intended by MoBerries for assignment to potential candidates.
3.5 The recruiter is not entitled to make any promises, warranties or guarantees in respect of the services offered by MoBerries in its own name or in the name of MoBerries to potential candidates or to represent MoBerries in any other legal manner. The aforementioned activities are reserved exclusively for MoBerries.
3.6 MoBerries will provide Recruiter with a Recruiter-personalized link (“Link”) that the Recruiter will send to candidates interested in the services of MoBerries as set forth below in accordance with paragraph 3.7 below ,
3.7 If a Recruitment Candidate shows interest in the services offered by MoBerries as a result of the recruiter's recommendation in accordance with this paragraph 3 and is interested in being included as a potential candidate in the MoBerries database and if possible provided by MoBerries, the Recruiter at the request of the candidate, provides the candidate with the link that the candidate should subsequently use in registering with MoBerries. The Recruiter is aware that the entitlement to a commission in accordance with these Cooperation and Commission Conditions, subject to the provisions of paragraph 4.4, also depends on the candidate using the link as part of the initial registration with MoBerries.
3.8 The recruiter is entitled, but not obliged, to carry out the activity referred to in paragraph 3.1 to MoBerries. A sales promotion obligation does not exist. For activities other than those referred to in paragraphs 3.1, 3.4 and 3.7, the recruiter is not entitled to the services offered by MoBerries in accordance with these General Cooperation and Commission Terms and Conditions.
3.9 If a candidate to whom Recruiter has recommended registration as a potential candidate at MoBerries attempts to register using the link, although the candidate MoBerries is already known and registered with MoBerries, re-registration of the candidate is not possible. MoBerries will immediately report this to the Recruiter in writing or in text form with regards to the candidate and reject the recruiter's mediation. The obligation to pay a commission in accordance with paragraph 4 does not arise with regards to this candidate.
3.10 If a candidate successfully registers with MoBerries using the link sent by the recruiter without MoBerries being already registered with MoBerries, MoBerries will report the successful registration in writing (eg e-mail) to the recruiter.
3.11 If a candidate's registration with MoBerries, who successfully registered with MoBerries for the first time using the recruiter's mailing (for any reason whatsoever) ends, MoBerries' brokering activities with respect to that candidate are no longer complete.
4. Prerequisites and amount of commission
4.1 If a company that is a MoBerries customer ("Customer") concludes an agreement for an indefinite term to MoBerries due to the activity of MoBerries with a candidate who has previously successfully registered with MoBerries using the link sent by the Recruiter or temporary employment relationship, and in respect of that employment relationship, within the first forty (40) days of the commencement of the candidate 's employment, neither the client nor the candidate terminate that employment relationship ("Intermediation Success"), MoBerries shall, in accordance with the provisions of this paragraph 4 and obligations under paragraph 5 to pay a one-time commission to the recruiter.
4.2 The commission to be paid to the Recruiter by MoBerries in accordance with this paragraph 4 shall be 30% of the one-time fee paid by the Customer to MoBerries for the purpose of arranging the candidate (the net amount of such fee shall be decisive).
4.3 In the light of the circumstances, the activity of the Recruiters under paragraph 3 is essentially limited to referring to the services offered by MoBerries and sending the link to the candidate and, if possible, the parties have any doubts as to the causality of the Recruiters activity wishing to exclude from the outset, the mediation success in accordance with these general conditions of cooperation and commission is only subject to commission within the meaning of this paragraph 4, if the candidate has successfully registered using the link MoBerries and so proclaimed or mediated by the recruiter to recognize.
4.4 The creation of the commission claim of the Recruiters is subject to the further prerequisites pursuant to paragraph 4.3 on the condition that the placement success has occurred and that the customer has paid the one-time fee owed to MoBerries in relation to the placement of the candidate to MoBerries. MoBerries will inform the recruiter immediately about the occurrence of the aforementioned conditions in writing or in text form and at the same time inform him of the one-time fee which the customer has to pay to MoBerries in accordance with the agreement between MoBerries and the customer.
4.5 The Recruitment's right to payment of commission shall be subject to the conditions set out in this paragraph 4, even if the proceeds of the mediation and / or the payment of the Customer only occur after the termination of the contractual relationship between MoBerries and the Recruiter, provided that the recruiter's (co-) causal activity was carried out by the recruiter during the term of the contract. If there are more than twelve (12) months between the termination of the contractual relationship between MoBerries and the recruiter and the occurrence of the conditions referred to in subsection 4.4, sentence 1, there is a commission claim with regards to the success of the placement for lack of (co-) causation of the activity not the recruiters. The obligation to provide information pursuant to paragraph 4.4, second sentence shall continue to apply during the aforementioned period.
4.6 MoBerries is not obligated to recruiter to affect a mediation. The recruiter also recognizes that MoBerries can not influence the entrance of the mediation success.
5. Terms of payment
5.1 The Recruiter must provide MoBerries with a full and statutory invoice for the commission due to him in accordance with paragraph (4).
5.2 The commission is payable to the Recruiter within fourteen (14) days of receipt of the invoice referred to in paragraph 5.1 by MoBerries.
5.3 Payment of the commission will be made by bank transfer to the account of the recruiter specified by the recruiter. The recruiter will inform MoBerries immediately in writing of any changes to his account details.
6. Use of trademarks, marks and other protected signs
6.1 The recruiter is entitled to use the license plates, trademarks, name rights or other protected signs of MoBerries only with the prior written consent of MoBerries. The materials transferred by MoBerries to the partner remain the property of MoBerries, insofar as they have not been passed on by the recruiter to potential candidates as intended and in accordance with these General Cooperation and Commission Terms or if the parties have not otherwise agreed to do so.
6.2 Unless otherwise agreed, the Recruiter shall in particular not make any marks or remarks regarding MoBerries, or parts thereof, as part of its own name, company or trademarks or otherwise, nor any other marks or marks in connection with Apply for an application or presentation of MoBerries or its services.
7. Limitation of Liability
7.1 MoBerries is liable to the recruiter in all cases of contractual and non-contractual liability in cases of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
7.2 In other cases, MoBerries shall be liable, unless otherwise stipulated in Section 7.3 below, only in the event of a breach of a contractual obligation whose fulfillment makes the proper execution of the contractual relationship possible in the first place and on which the Recruiter may regularly rely (cardinal duty), limited to the replacement of the predictable and typical damage. In all other cases, the liability of MoBerries is excluded, subject to the provision in Section 7.3.
7.3 Any liability of MoBerries for damages resulting from injury to life, limb or health shall remain unaffected by the above limitations and exclusions of liability.
8.1 The Parties undertake to (i) treat as confidential the business and trade secrets disclosed to each other in the context of their contractual relationship and not disclose such third parties and (ii) to maintain confidentiality with regards to the content and existence of their contractual relationship with third parties. The parties will commit their respective employees accordingly.
8.2 The obligation of confidentiality set forth in paragraph 8.1 does not exist if and insofar as a party is legally obliged to disclose such information.
9. Conclusion, Term and Termination
9.1 The contractual relationship between MoBerries and the recruiter becomes effective by clicking on the "I accept the general conditions of cooperation and commission of MoBerries GmbH" on the website https://www.moberries.com by the Recruiter and runs for an indefinite period. It may be terminated at any time by the parties subject to a notice period of one (1) month in written form (eg e-mail).
9.2 The right of the parties to extraordinary termination for cause remains unaffected. Any extraordinary termination must be in writing.
9.3 Upon termination of the contract, any materials provided to the Recruiter by MoBerries shall be destroyed at MoBerries' option or returned to MoBerries at its expense, unless they have been passed on to candidates by the Recruiter as intended and in accordance with these General Cooperation and Commission Terms no other agreement has been made between the parties.
9.4 Upon termination of the contract, the recruiter's existing user account will be deactivated on the MoBerries website.
10.1 These General Cooperation and Commission Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede any prior agreement and / or prior agreement, whether written or oral, between the parties.
10.2 Amendments to the provisions of the contractual relationship as well as these General Terms and Conditions of Cooperation and Commission Agreements agreed upon between the parties, including this paragraph 10.2, may only be made by mutual agreement and must be in writing in order to be valid.
10.3 These general conditions of cooperation and commission as well as the contractual relationship between the parties are subject to the law of the Federal Republic of Germany.
10.4 Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship between the parties is Berlin, Germany. However, MoBerries is also entitled to call any other court whose jurisdiction would be under the law. Mandatory statutory regulations, in particular regarding exclusive responsibilities, remain unaffected.
10.5 Should individual provisions of these General Cooperation and Commission Conditions be ineffective, this shall not affect the validity of the remaining provisions of the General Cooperation and Commission Conditions. Instead of the ineffective or unenforceable provision, the parties undertake to agree on an effective provision that comes as close as possible to the meaning and purpose of the invalid or unenforceable provision, both legally and economically.