General Terms and Conditions

§0 Definitions

For the purposes of these General Terms and Conditions, the following definitions apply:

1. "Provider" means Graichen & Emrich Match & Thrive GbR – "Match & Thrive"
2. "Client" is any natural or legal person who uses services from the Provider.
3. "Services" refers to all People & Culture Services offered by the Provider, in particular recruiting, employer branding, onboarding, coaching, workshops, facilitation, and strategic HR consulting.
4. "Module" is an individually bookable, defined service unit.
5. "Project Contract" is the individually concluded contract for specific services based on these General Terms and Conditions.
6. "Confidential Information" means any information transmitted orally or in writing that is marked or identifiable as confidential.
7. "Personal data" means any information within the meaning of the GDPR that relates to an identified or identifiable person.

§1 Scope

These General Terms and Conditions apply to all contracts between Graichen & Emrich Match & Thrive GbR (hereinafter "Provider") and its clients for People & Culture services. Individual agreements in the respective Project Contract take precedence over these Terms and Conditions.

§2 Services & Scope of Services

The Provider provides services in the following areas:

• Recruiting & Talent Acquisition
• Employer Branding & Positioning
• Onboarding & Retention
• HR & Leadership Consulting
• Facilitation & Change Management

The type, scope, duration, and prices are determined by the individually agreed service module in the Project Contract. The Provider is entitled to engage suitable third parties (e.g., freelancers) to provide the service.

If recruiting services have been agreed in accordance with the Project Contract, the following applies in addition:

The Provider is not obligated to achieve a specific placement result. The agreed remuneration is due regardless of whether the position is filled. Repayment in the event of termination, project cancellation, or non-filling is excluded, provided the contractually agreed services have been provided.

The final selection decision and review of the suitability, qualifications, and integrity of the proposed candidates rests solely with the Client. The Provider assumes no liability for the accuracy or completeness of the information provided by candidates.

§3 Client's duty to cooperate

The Client undertakes to provide all information necessary for the fulfilment of the engagement in a timely manner, to make decisions promptly, and to name internal contact persons.

§4 Remuneration & Payment Conditions

Remuneration is project-specific, as specified in the Project Contract or quote. All prices are subject to statutory VAT. Payments are due within 14 days of invoicing without deductions. In case of late payment, the Provider is entitled to suspend services.

§5 Rights of use

To the extent that copyrighted works (e.g., texts, templates) are created in the course of providing the service, the Client receives a simple right of use for internal use. Any transfer to third parties or publication requires the consent of the Provider.

§6 Confidentiality & Data Protection

Both parties undertake to maintain confidentiality. To the extent that personal data is processed, the parties will conclude a separate data processing agreement (DPA) in accordance with the GDPR.

The Provider is entitled to use the Client's contact details collected during the collaboration, even after the project has ended, to provide information about comparable services (e.g., newsletters or invitations to events). The Client may withdraw their consent to this use at any time with future effect.

§7 Contract term & termination

Framework agreements are indefinite, unless otherwise agreed, and can be terminated with 30 days' notice. Individual contracts end upon project completion. The right to extraordinary termination remains unaffected.

§8 Liability

The Provider is only liable for damages caused intentionally or by gross negligence. No liability is assumed for business decisions made by the Client based on the advice.

§9 Final provisions

The Provider is entitled to use the Client's name and logo for customary references (e.g., on the website, in presentations, or on social media). The Client may withdraw their consent to this use at any time with future effect.

German law applies. The place of jurisdiction is the registered office of Graichen & Emrich Match & Thrive GbR. Should individual provisions be invalid, the remainder of the contract shall remain valid.