General Terms and Conditions for Recruitment & Selection

This document contains the General Terms and Conditions used by Person of Interest Recruitment and applicable to all current and future quotations, requests, assignments and agreements between Person of Interest Recruitment and its clients. Person of Interest Recruitment is registered with the Chamber of Commerce in Dubai under number 96482621. If and insofar as Person of Interest Recruitment carries out one or more of the activities listed below, and an agreement, request, quotation or assignment to that effect exists between Person of Interest Recruitment and a client, the corresponding General Terms and Conditions shall apply. These General Terms and Conditions shall also apply to any new specialisations and/or business units established by Person of Interest Recruitment that are not mentioned in these terms, insofar as such entities carry out one or more of the activities referred to above.

The term ‘client’ shall also include its representative(s), authorised representative(s), assigns, legal successor(s) and heir(s), whether natural persons or legal entities. Person of Interest Recruitment shall at all times be entitled not to accept assignments or to return them if, in the opinion of Person of Interest Recruitment, the client’s creditworthiness proves insufficient. Assignments shall be settled based on the status at that time. These General Terms and Conditions, in particular the provisions relating to the costs of taking over personnel deployed or proposed by Person of Interest Recruitment, shall remain fully applicable. The applicability of any terms and conditions used by the client is expressly excluded at all times, except where deviations have been explicitly agreed in writing. These General Terms and Conditions are valid as of 3 March 2025 and have been filed with the Chamber of Commerce in Dubai under number 96482621.

Article 1 General

1.1 Recruitment & selection is the assignment whereby Person of Interest Recruitment selects one or more candidates for a client for the purpose of entering into employment, or a comparable form of engagement, and introduces such candidate(s) to the client orally or in writing. A recruitment & selection assignment is considered successfully fulfilled if a candidate proposed by Person of Interest Recruitment enters into employment with the client, or otherwise becomes engaged there, whether for the position to which the assignment related or for another position.

1.2 The manner in which the recruitment & selection assignment is carried out by Person of Interest Recruitment, the position to which the assignment relates, the applicability of these General Terms and Conditions, and any other relevant data and obligations shall be confirmed to the client in an assignment confirmation.

1.3 A recruitment & selection assignment shall end upon successful fulfilment of the assignment, withdrawal by Person of Interest Recruitment and/or the client, or lapse of time.

1.4 Candidates are presented to the client in confidence. The client is not permitted to disclose any data relating to candidates proposed by Person of Interest Recruitment to third parties without the prior written consent of Person of Interest Recruitment. In the event of a breach of this provision, the client shall owe Person of Interest Recruitment an immediately payable penalty of EUR 30,000 per breach, without prejudice to the right of Person of Interest Recruitment to claim full compensation for damages from the client.

Article 2 Fee

2.1 Upon successful fulfilment of the recruitment & selection assignment, Person of Interest Recruitment shall charge the client a fee. The basis for the fee, and the calculation thereof, is the gross annual salary based on a full-time working week. The gross annual salary is the annual salary, including all emoluments, that the candidate sourced by Person of Interest Recruitment will earn upon entry into employment and, in the case of part-time positions and/or employment relationships shorter than one year, shall also be based on a full working week and a full year. Emoluments include, but are not limited to, holiday allowance, a thirteenth month, profit share, bonuses, commissions, fixed profit distributions, the monetary value of a company car fixed at 15% of the list value, expense reimbursements, and all other benefits, employee benefits and provisions that can be so qualified and quantified.

2.2 The fee amounts to 25% of the gross annual salary calculated in accordance with Article 2.1, plus the VAT due thereon. In addition, a minimum fee of EUR 5,000 excluding VAT shall apply.

2.3 The fee shall be invoiced to the client from the moment the employment agreement or any other agreement between the client and the candidate has been concluded, provided that the fee must in any event be paid no later than on the day preceding the date on which the candidate selected by Person of Interest Recruitment commences the work.

2.4 In addition to the fee, the client shall owe Person of Interest Recruitment all costs incurred by Person of Interest Recruitment in connection with the performance of the agreement, insofar as this has been expressly agreed in writing between Person of Interest Recruitment and the client.

2.5 The client is obliged, within fourteen (14) days after a request to that effect, to provide Person of Interest Recruitment with the data necessary to determine the gross annual salary and the start date of the candidate selected by Person of Interest Recruitment. If the client fails to provide such data in time, provides insufficient data or provides incorrect data, Person of Interest Recruitment shall be entitled to estimate the gross annual salary and the start date and to invoice on the basis of that estimate.

2.6 Successful fulfilment of the recruitment & selection assignment shall also include the situation in which a candidate proposed by Person of Interest Recruitment enters into employment or otherwise becomes engaged, whether or not through third parties, with the client or with an affiliated undertaking, including undertakings within the same group or undertakings with which a cooperation arrangement exists, within twelve (12) months after the introduction of that candidate. Unless the client has expressly made a reservation in advance in that respect, the fee shall also be payable if the candidate introduced by Person of Interest Recruitment proves to have been known to the client to some extent through an application or otherwise.

Article 3 Payment Term

The payment term for invoices sent by Person of Interest Recruitment is fourteen (14) days after the invoice date. In the absence of full payment within the stipulated term, the client shall be in default without any further notice of default being required. Complaints regarding the invoice must be submitted in writing to Person of Interest Recruitment within eight (8) days after the invoice date. After this period, the client shall be deemed to have accepted its payment obligation.

Article 4 Complaints

Complaints relating to the manner of execution and/or the quality of the activities of Person of Interest Recruitment must be reported to Person of Interest Recruitment immediately, but no later than eight (8) days after the activities complained of were or should have been performed, with reasons and in writing, failing which any right the client may derive therefrom shall lapse. Complaints submitted in time and in the proper manner shall be dealt with in consultation between the client and Person of Interest Recruitment. Complaints shall not suspend the client’s payment obligation.

Article 5 Best-Efforts Obligation; Exoneration

Person of Interest Recruitment is obliged to use its best efforts to recruit and select suitable candidates for entry into employment with the client. The client is responsible for the decision to enter into an employment agreement or any other agreement with a candidate selected by Person of Interest Recruitment, as well as for the contents of such agreement. The client accepts that Person of Interest Recruitment shall under no circumstances be liable for shortcomings of and/or consequential damage caused by candidates selected by Person of Interest Recruitment.

Article 6 Guarantee Scheme

6.1 If a candidate placed by Person of Interest Recruitment is no longer employed by the client within one (1) month after the start of employment, Person of Interest Recruitment shall, once only and provided that the client has fulfilled all its payment obligations towards Person of Interest Recruitment, use its best efforts to recruit and select a new candidate for the same position and at a comparable salary to that of the first candidate employed by the client. For this purpose, the procedure in accordance with the relevant assignment confirmation shall be restarted. The costs of redeploying any recruitment resources deemed necessary in consultation shall again be borne by the client.

6.2 If Person of Interest Recruitment fails, within three (3) months after termination of the employment relationship with the first candidate, to recruit and select a new candidate who enters into employment with the client, Person of Interest Recruitment shall refund to the client 50% of the fee paid by the client, therefore excluding any recharged recruitment costs. No refund shall be made if, during the guarantee period, the client has filled the position performed by the first candidate itself, whether or not through third parties.

6.3 If a candidate proposed by Person of Interest Recruitment under this guarantee scheme enters into employment with the client, or if Person of Interest Recruitment has refunded 50% of the fee, or if the client has filled the position itself during the guarantee period, whether or not through third parties, Person of Interest Recruitment shall be discharged from its obligations under this article.

6.4 If the client wishes to make use of the guarantee scheme, it must notify Person of Interest Recruitment thereof in writing within fourteen (14) days after termination of the employment relationship with the first candidate, failing which the client may no longer invoke this article.

Article 7 Governing Law and Jurisdiction

7.1 The agreement, as well as the assignment, request and quotation of Person of Interest Recruitment, shall be governed exclusively by the laws of the United Arab Emirates.

7.2 If the parties cannot reach agreement in mutual consultation in the event of differences of opinion regarding the performance and/or interpretation of the agreement, each of the parties shall be entitled to submit the matter to the competent civil court. In that event, only the court in Dubai shall have jurisdiction to hear the claim.