Terms of Service

These Terms of Service apply to all services provided by GENZ4GTM, Owner Arian Abri, Breisgauer Straße 41, 14129 Berlin (hereinafter "GENZ4GTM", "we" or "us").

GENZ4GTM connects qualified Gen Z talent in Go-to-Market (GTM), Sales, Marketing and Business Development with companies and supports candidates in their search for suitable positions.

These Terms of Service govern the legal relationships between GENZ4GTM and:

• Candidates who use our platform for job search
• Companies that use our recruiting services

Deviating terms and conditions of the contracting party will not be recognized unless we expressly agree to their validity in writing.

2.1 Free Services

Use of our platform for job search is generally free of charge for candidates. This includes:

• Submission of applications via our forms
• Inclusion in our talent pool
• Placement with suitable companies
• Consultation during the application process

2.2 Candidate Obligations

The candidate undertakes to:

• Provide complete and truthful information
• Accurately represent qualifications and professional experience
• Inform us immediately of any changes to relevant data
• Communicate professionally with placing companies
• Inform us of successful contract conclusions

2.3 No Placement Entitlement

GENZ4GTM endeavors to the best of its ability to place suitable positions, but does not guarantee successful placement. There is no legal entitlement to placement.

2.4 Data Processing

By using our services, the candidate consents to the processing of their data in accordance with our Privacy Policy. Consent can be revoked at any time.

2.5 Talent Pool

Candidates who apply via the "Find Role" form consent to being included in our talent pool for a period of 24 months. During this time, we can proactively offer the candidate suitable positions. The candidate can request deletion of their data from the talent pool at any time.

3.1 Startup Hiring Services

GENZ4GTM offers companies specialized startup hiring services for GTM roles. Specific services are agreed individually and may include:

• Consultation on defining job requirements
• Introductions to interviewed candidates (Talent Drops) via Slack or email
• Active candidate search and approach
• Interviews and evaluation of candidates before an introduction
• Coordination of application interviews
• Support in contract negotiation process

3.2 Contract Conclusion

The contract between GENZ4GTM and the company is concluded through individual written agreement. Contact via our website merely constitutes a non-binding offer from the company.

3.3 Remuneration and Payment Terms

Remuneration is agreed individually in the placement agreement. The standard model is:

• Success Fee: 20% of the placed candidate's first-year gross compensation, base salary or OTE depending on the agreement, invoiced on the candidate's first day of work
• No retainer and no monthly fee

Deviating remuneration models apply only where agreed individually in writing.

Invoices are due for payment within 14 days of the invoice date without deduction. In case of payment delay, default interest at the statutory rate will be charged.

3.4 Replacement Guarantee

If individually agreed, we provide a replacement guarantee: If the placed candidate leaves the company within the agreed guarantee period (typically 60 days) or is terminated within this period, we will search for a replacement candidate free of charge.

The guarantee does not apply in case of:

• Operational terminations
• Termination by the candidate for reasons within the company's sphere
• Substantial changes to the position or remuneration

3.5 Company Obligations

The company undertakes to:

• Provide complete and correct job descriptions
• Treat candidate documents confidentially
• Inform us promptly about application status and rejections
• Inform us about successful hires (even with direct contact)
• Pay agreed remuneration on time

3.6 Direct Approach (Headhunting Clause)

If the company hires a candidate presented by GENZ4GTM - regardless of whether this occurs through us or through direct contact between company and candidate - the agreed placement fee is due in full, provided the hire occurs within 12 months of the candidate's presentation.

4.1 Scope of Liability

GENZ4GTM is liable without limitation for damages resulting from injury to life, limb or health, as well as for damages based on intentional or grossly negligent breach of duty.

For slightly negligent breaches of duty, GENZ4GTM is only liable in case of breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to foreseeable, contract-typical damage at the time of contract conclusion.

4.2 No Guarantee for Candidate Quality

GENZ4GTM reviews candidates to the best of its knowledge and belief, but does not assume any guarantee for the accuracy of candidate information, qualifications or subsequent work performance. The final decision on hiring lies with the company.

4.3 Force Majeure

GENZ4GTM is not liable for non-compliance with contractual obligations due to force majeure or other unforeseeable events not caused by us.

4.4 Indemnification

The contracting party indemnifies GENZ4GTM from all claims of third parties resulting from breach of obligations by the contracting party, particularly in case of false information from candidates or discriminatory job advertisements by companies.

5.1 Candidate Documents

All documents submitted by candidates (CVs, cover letters, portfolios) remain the property of the candidate. GENZ4GTM receives the right to forward these documents to interested companies for the purpose of placement.

5.2 Job Advertisements and Company Materials

Companies grant GENZ4GTM the right to use provided job descriptions and company presentations for recruiting purposes and to adapt them as needed.

5.3 Confidentiality

Both parties undertake to keep all confidential information disclosed during cooperation secret and to use it only for the agreed purposes. This obligation continues after termination of the contractual relationship.

The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Detailed information can be found in our Privacy Policy.

Candidates and companies have the right to information, rectification, deletion and restriction of processing of their personal data at any time, as well as data portability.

7.1 Candidates

Candidates can terminate their inclusion in our talent pool at any time by informal notification via email to info@genz4gtm.com. Ongoing placement processes can be continued until their completion.

7.2 Companies

Contracts with companies can be terminated according to the individually agreed termination periods. Placement claims that have already arisen remain unaffected by termination.

7.3 Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in case of:

• Repeated or serious breaches of contract
• Payment delay despite reminder
• False information or attempted deception
• Unfair competition or poaching of candidates/clients

8.1 Applicable Law

All legal relationships between GENZ4GTM and the contracting party are exclusively governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

8.2 Place of Jurisdiction

If the contracting party is a merchant, legal entity under public law or public law special fund, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is Berlin.

8.3 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR):https://ec.europa.eu/consumers/odr

GENZ4GTM is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

9.1 Changes to Terms of Service

GENZ4GTM reserves the right to change these Terms of Service with effect for the future. Existing contracts remain unaffected by changes unless the changes are reasonable for the contracting party and communicated to them at least 4 weeks before taking effect. If the contracting party does not object within 4 weeks of receipt of notification, the amended Terms of Service are deemed accepted.

9.2 Severability Clause

Should individual provisions of these Terms of Service be or become invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision.

9.3 Written Form Requirement

Changes and additions to these Terms of Service require written form to be effective. This also applies to the waiver of the written form requirement itself. Email satisfies the written form.

9.4 Contract Language

The contract language is English. In case of translations into other languages, the English version shall prevail in case of doubt.