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General Terms and Conditions for Executive Search

1. General

Martin Lanz LLC has the operating license according to Art. 2 and 12 of the Employment Agency Act (Arbeitsvermittlungsgesetz).

Unless otherwise agreed in writing in individual cases, the following general terms and conditions (hereinafter referred to as GTC) shall apply exclusively to executive search by Martin Lanz LLC. 

The GTC may be amended at any time. In each case, the version valid at the time of conclusion of the executive search agreement between Martin Lanz LLC and the client shall apply.

Unless otherwise agreed, the placement order shall be placed exclusively, i.e. the client shall not use any other intermediaries or consultants for the job profile sought.

2. Consulting Fee

Martin Lanz LLC provides its services exclusively on the basis of a fixed fee - there is no performance-related remuneration for the provision of services. The consulting fee shall be determined between Martin Lanz LLC and the client prior to the start of the project, on the basis of the candidate's planned gross annual salary (incl. lump-sum overtime allowance, benefits in kind, bonuses, commissions and other variable components such as stock options, etc.) The fee claim is due in three (equal) parts:

i.     the first part is due upon signing of the executive search agreement;

ii.     the second part, when an interview is arranged between the client and the candidate;

iii.    the third part is due upon signing of the employment agreement between the client and the candidate. If the candidate resigns within three months of taking up the position, Martin Lanz LLC shall endeavor to propose a replacement candidate to the client within one month. 

If a candidate proposed by Martin Lanz LLC is hired directly by the client or a company associated with the client within 12 months, Martin Lanz LLC shall be entitled to payment of the entire agreed fee.

If a candidate proposed by Martin Lanz LLC is offered a position that differs from the one originally agreed upon and an employment agreement is concluded, this shall not affect Martin Lanz LLC's entitlement to the fee. The same shall apply in the event that the client considers candidates from another intermediary or consultant for an exclusively agreed executive search agreement.

Should a placement order result in two or more accepted candidates for a position and these candidates are employed by the client or affiliated companies, Martin Lanz LLC shall have a fee claim in the amount of one third of the originally agreed fee per additional candidate.

If the placement order is terminated (prematurely) by the client, regardless of the reason, and Martin Lanz LLC has already provided services, the client shall not be reimbursed for the portion of the fee already paid.

3. Payment Terms

Martin Lanz LLC issues invoices electronically. The invoices are to be paid by the client within 14 days. If payments are not made, Martin Lanz LLC reserves the right to cease its efforts until payment is made in full.

4. Termination

The executive search agreement may be terminated by either party at any time without notice. If an employment relationship is established between the client and the candidate proposed by Martin Lanz LLC after termination of the executive search agreement, the fee shall be due in full. The services incurred and agreed upon up to the time of termination shall also be reimbursed without deduction.

5. Confidentiality

Martin Lanz LLC. undertakes to execute each executive search agreement with absolute confidentiality and to treat all information received from the client as confidential.

The client shall be provided with confidential information either by Martin Lanz LLC. or by the candidate, which is intended only for the client. The client undertakes to treat this information confidentially and, in particular, to obtain reference information about a candidate only with the candidate's prior consent.

6. Exclusion of Liability

The information provided by Martin Lanz LLC about a candidate is based on information provided by the candidate himself/herself or on information provided by third parties. Martin Lanz LLC cannot assume any liability for the accuracy and completeness of the information.

Martin Lanz LLC does not provide any occupation guarantee or guarantee that the candidate will meet the expectations set by the client or that he or she will achieve certain work results. Any warranty for the work of the placed candidate is excluded.

In all other respects, the liability of both Martin Lanz LLC and the Client is excluded to the extent permitted by law.

7. Data Protection

All personal data provided by Martin Lanz LLC to the client or vice versa shall only be used for the purposes described in the executive search agreement and in accordance with the applicable data protection laws and regulations. The parties shall not knowingly fulfill their obligations under the Mediation Order in such a way that the other Party violates any of its obligations under the applicable data protection laws.

The client acknowledges that both parties are separate data controllers for personal data processed under this Agreement.

For further information on this subject, please refer to the [Data Protection Statement] of Martin Lanz LLC.

8. Applicable Law and Jurisdiction

The invalidity of individual provisions shall not affect the validity of the remaining provisions. The parties shall replace the invalid provisions with valid agreements that achieve the economic purpose of the invalid provisions or come as close to it as possible.

The executive search agreement between Martin Lanz LLC and the client shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The courts at the registered office of Martin Lanz LLC shall have jurisdiction over any disputes.

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