Terms and Conditions

§ 1 Scope of Application

These general terms and conditions apply to all contracts concluded between the Client and britehr.com (“briteHR” or “NEORUBY GmbH”) regarding deliveries and other services from briteHR. They apply in their current version for the entire duration of the existing business relationship with the client. The General Terms and conditions of the client are not part of the contract.

§ 2 Conclusion of Contract

briteHR offers are non-binding, unless it is otherwise expressly provided for in an offer. Contracts for recruitment services and other agreements are not binding until confirmed in writing by briteHR. This also applies to subsequent changes and additions to such agreements.

§ 3 Subject Matter of the Contract

(1) Unless agreed upon otherwise, the subject matter of the contract is the provision of the services specified in detail regarding the recruitment and staffing services (“Services”).
(2) briteHR will provide the services agreed upon in the contract and transmit the relevant data to the client.
(3) briteHR may issue partial invoices instead of the owed invoice if there is a significant reason. A significant reason exists, for example, if short-term changes in the law must be taken into account or staff shortages arise at briteHR, e.g. due to illness. briteHR will notify the customer in writing immediately that it will issue of partial invoices along with the explanation of the significant reason. In this case, briteHR will generate and send the complete invoice within a period of ten days from when the partial invoices were sent.

§ 4 Participation of the Client

(1) The client is responsible for providing briteHR with all the contract information, data, and documents that are necessary for executing the contract. briteHR will explain to the customer whenever requested the information, data and documents that are required, without however bearing responsibility for determining in a particular case whether the client has fulfilled all the services, information and reporting obligations as per the terms agreed upon.
(2) The client will transmit to briteHR the information, data and documents necessary for executing the contract, along with the instruction to process the data for the client. Where necessary, briteHR will provide the client with forms for the collection of data. The client is obliged to use the forms provided by briteHR.

§ 5 Prices, Invoices, Payment Date, Remuneration

(1) Unless agreed upon otherwise, all services of briteHR will be charged at the applicable rate according to the current price list, plus VAT (Mehrwertsteuer).
(2) briteHR invoices are to be paid immediately upon receipt without any discounts.
(3) Due to persistent fixed costs, the base price for the generation of a staffing payroll shall be invoiced to the Client even if the Client’s recruited staff does not receive any remuneration/salary in the respective month (e.g. within termination period of services).

§ 6 Liability

briteHR is liable – irrespective of the legal grounds – to the following conditions:
(1) A system of unlimited liability exists (i) in the case of the willful or grossly negligent cause of damage; (ii) in the case of injury to life, body or health; (Iii) in accordance with the provisions of the Product Liability Act.
(2) In the case of a negligent breach of a duty that is essential for achieving the aim of the contract and whose fulfillment the customer regularly relies and may rely (cardinal obligation), the liability is limited to the amount of the damage that may anticipated.
(3) A liability that exceeds the liability described in paras. 1 and 2 does not exist for briteHR. The above provisions shall apply mutatis mutandis in case of a breach of duty by a vicarious agent (Erfüllungsgehilfe).
(4) Liability exists for the recovery of data only to the extent that such data loss occurs even though the client saved the data in accordance with all usual and reasonable precautions.
(5) The client is obliged to immediately report any damage to briteHR in writing, so that briteHR is informed as the earliest stage in order to minimize any damage, if possible.

§ 7 Force Majeure

Unforeseen, unavoidable and exceptional external events (force majeure), which make the services of briteHR more difficult or temporarily impossible, entitle briteHR to postpone the fulfillment of its obligations for the duration of the hindrance and a reasonable recovery period not exceeding three months. Force majeure includes in particular labor disputes, strikes, lock-outs, unpredictable disturbances, unavoidable raw material shortages, and all other events for which briteHR is similarly not responsible.

§ 8 Confidentiality

All information which is marked as confidential or to be viewed as confidential given the circumstances (Confidential Information) will be treated as confidential by both parties and not disclosed to third parties. This does not apply if the Confidential Information (i) was demonstrably already known to the recipient at the time of the conclusion of the contract, or is subsequently made known by a third party without a confidentiality agreement, legal regulations or administrative orders being violated as a consequence; (ii) is publicly announced at the conclusion of the con- tract, or is subsequently made public, to the extent that such a disclosure does not relate to a breach of the contract; or (iii) is required to be disclosed by law, order of a court, or an administrative authority. This obligation remains in force for five years after the termination of this contract.

§ 9 Consequences of Contract Termination

(1) In the event of termination, briteHR will make all documents, records, or copies – to the extent they have been archived – available to the client for collection, or if desired, send them to the client upon completion of any related work that requires completion. If the client does not pick up the documents, records and copies within three weeks after notification of their provision, briteHR has the right to destroy them.
(2) briteHR will subsequently erase all stored master data of the client and any other confidential information of the client.

§ 10 Limitation, Applicable Law, Jurisdiction

(1) Claims against briteHR expire one year after the origin of the claim and knowledge of the circumstances that gave rise to it insofar as liability is not based on intent, gross negligence, or injury of life, body, or health.
(2) This contract is subject exclusively to German law without the possibility of recourse to the UN Sales Convention.