AGB - Terms and Conditions
General Terms and Conditions (GTC) for the nova-search platform
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts and services provided via the online platform nova-search (hereinafter referred to as "Platform" or "nova-search"). The providing party is Nova Search GmbH, Cirksenastr. 11, 26810 Westoverledingen (hereinafter "Provider") under the nova-search brand.
1.2 Deviating, opposing or supplementary terms and conditions of the user do not become part of the contract unless the providers have expressly agreed to their validity in writing.
2. Definitions
2.1 nova-search: Joint brand and platform of NovaSearch GmbH for the digital brokerage of insurance and (limited) financing products.
2.2 Client: Companies or organisations seeking personnel through the platform and placing job offers.
2.3 Candidate: Professional whose profile is actively researched, selected and brokered by NovaSearch GmbH.
2.4 Lead: The electronic transmission of candidate profiles to a client with the aim of initiating an employment relationship.
3. Scope of services, subject matter of the contract
3.1 The platform NovaSearch GmbH provides the following services in particular:
Targeted search, contact and pre-selection of IT professionals (in particular Java developers),
Presentation of suitable candidates to clients based on agreed requirements,
Coordination of the application process between client and candidate,
Support in communication, appointment scheduling and follow-up in the brokerage process.
3.2 NovaSearch GmbH acts as a personnel broker to companies and as a contact and liaison partner to candidates during the brokerage process.
3.3 NovaSearch GmbH does not offer employment brokerage within the meaning of the Temporary Employment Act (AÜG); all employment relationships are concluded directly between the client and the candidate.
4. Conclusion of contract
4.1 The information provided on nova-search.com about candidates and recruitment services does not constitute a binding offer, but a non-binding invitation for interested companies to initiate contact.
4.2 By filling out a contact form or actively requesting candidate proposals, the company expresses a binding interest in a mediation service by NovaSearch GmbH.
4.3 Acceptance of the mediation offer occurs through the transmission of suitable candidate profiles by NovaSearch GmbH to the requesting company. The transmission of these profiles does not constitute an offer to conclude an employment contract but serves as a pre-selection. Upon transmission of the profiles, the company receives an email with further information about the candidate and, if applicable, additional notes about the selection process.
4.4 A separate written contract concerning the mediation service may be concluded individually between the company and NovaSearch GmbH. The content of the contract will then include the services described in the GTC and within the framework of the request. Further information (e.g. about data processing) can be accessed on the platform (e.g. privacy notices).
5. Obligations of the client
5.1 The client undertakes to provide truthful, complete and up-to-date information when using the platform. Incorrect or incomplete information may lead to rejection of the service or exclusion from the brokerage process.
5.2 The client must ensure that all required consents under data protection law have been obtained if personal data of third parties (e.g. additional team members in the recruitment process) are transmitted to NovaSearch.
5.3 The client is obliged to carefully store and keep confidential all information received in the course of cooperation (e.g. about candidates, data protection policies, contract documents).
6. Remuneration, commission arrangement
6.1 The use of the platform nova-search.com to request candidate profiles is generally free of charge for companies, unless explicitly agreed otherwise.
6.2 A brokerage fee is only payable in the event of success (e.g. upon conclusion of a contract between candidate and client) and is regulated in a separate service contract with NovaSearch GmbH.
6.3 Possible additional services (e.g. active sourcing, suitability diagnostics, assessment advice) may be remunerated separately, provided they are explicitly ordered and clearly stated in advance.
6.4 Internal billing modalities between Nova Search GmbH and any service providers or partner companies are not part of this document and are regulated separately.
7. Service changes, technical availability
7.1 Nova Search GmbH reserves the right to adjust functions and contents of the platform in whole or in part without prior notice, provided that this is reasonable for companies and the core purpose of the platform (e.g. brokering suitable candidates) is preserved.
7.2 Scheduled maintenance work or temporary technical restrictions will be announced on nova-search.com or by email to registered users. Liability for short-term technical failures is excluded unless caused by force majeure, cyber attacks or disruptions at hosting providers.
8. Right of withdrawal
8.1 To the extent a contract with a candidate or company qualifies as a consumer contract within the meaning of the BGB, they are entitled to a statutory right of withdrawal under §§ 355ff. BGB.
8.2 The withdrawal period is generally 14 days from the conclusion of the respective contract. Exact information and a sample withdrawal form are provided with the contract documents.
8.3 The right of withdrawal does not apply to services provided purely electronically, the execution of which has begun with the express consent of the user and awareness of the loss of the right of withdrawal before the expiration of the period (§312g (2) no. 9 BGB), such as the immediate transmission of candidate profiles following digital commissioning.
9. Liability
9.1 Nova Search GmbH is liable without limitation under statutory provisions for damages arising from injury to life, body or health and in cases of intent or gross negligence.
9.2 For other damages, NovaSearch GmbH is only liable in cases of gross negligence or intent.
9.3 In case of slightly negligent breach of essential contractual obligations (cardinal obligations), NovaSearch GmbH's liability is limited to the typical, foreseeable damage.
9.4 The above limitations of liability do not apply to fraudulently concealed defects or in cases of express guarantees about life, body or health.
9.5 Liability under the Product Liability Act (ProdHaftG) is not applicable to the services offered.
10. Data protection
10.1 Providers process personal data of the client on the basis of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act. More detailed information on the scope of data processing, the rights of affected parties and the transfer of data to distribution partners is contained in the separate privacy policy on https://www.nova-search.de/privacy-policy (or corresponding URL).
10.2 With consent to the transmission of the data during the finalisation process, the customer explicitly agrees that his personal data will be transmitted to the respective distribution partners for the purpose of offer creation, contract execution and processing.
10.3 The providers have appointed a data protection officer.
11. Duration and termination
11.1 Contracts without a fixed term between the client and providers can be terminated at any time without notice by the client ceasing the use of the platform.
11.2 If a contract is already in progress between the client and a distribution partner (e.g., an insurance contract), termination is determined in accordance with the General Insurance Conditions or contractual conditions of the respective distribution partner.
11.3 Extraordinary termination for good cause is available to both parties. A good cause exists, in particular, if the client violates essential obligations (e.g., false information, breach of data protection regulations) and does not rectify this violation within a reasonable period after a written warning.
12. Final provisions
12.1 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision should be replaced by a valid one that best meets the economic purpose.
12.2 Place of performance and exclusive jurisdiction for all disputes arising from this contractual relationship is, where legally permitted, Hamburg.
12.3 German law applies to the exclusion of the UN Sales Convention.
12.4 Amendments or supplements to these GTC require the written form. This also applies to the waiver of the requirement for written form.
AGB - Terms and Conditions
General Terms and Conditions (GTC) for the nova-search platform
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts and services provided via the online platform nova-search (hereinafter referred to as "Platform" or "nova-search"). The providing party is Nova Search GmbH, Cirksenastr. 11, 26810 Westoverledingen (hereinafter "Provider") under the nova-search brand.
1.2 Deviating, opposing or supplementary terms and conditions of the user do not become part of the contract unless the providers have expressly agreed to their validity in writing.
2. Definitions
2.1 nova-search: Joint brand and platform of NovaSearch GmbH for the digital brokerage of insurance and (limited) financing products.
2.2 Client: Companies or organisations seeking personnel through the platform and placing job offers.
2.3 Candidate: Professional whose profile is actively researched, selected and brokered by NovaSearch GmbH.
2.4 Lead: The electronic transmission of candidate profiles to a client with the aim of initiating an employment relationship.
3. Scope of services, subject matter of the contract
3.1 The platform NovaSearch GmbH provides the following services in particular:
Targeted search, contact and pre-selection of IT professionals (in particular Java developers),
Presentation of suitable candidates to clients based on agreed requirements,
Coordination of the application process between client and candidate,
Support in communication, appointment scheduling and follow-up in the brokerage process.
3.2 NovaSearch GmbH acts as a personnel broker to companies and as a contact and liaison partner to candidates during the brokerage process.
3.3 NovaSearch GmbH does not offer employment brokerage within the meaning of the Temporary Employment Act (AÜG); all employment relationships are concluded directly between the client and the candidate.
4. Conclusion of contract
4.1 The information provided on nova-search.com about candidates and recruitment services does not constitute a binding offer, but a non-binding invitation for interested companies to initiate contact.
4.2 By filling out a contact form or actively requesting candidate proposals, the company expresses a binding interest in a mediation service by NovaSearch GmbH.
4.3 Acceptance of the mediation offer occurs through the transmission of suitable candidate profiles by NovaSearch GmbH to the requesting company. The transmission of these profiles does not constitute an offer to conclude an employment contract but serves as a pre-selection. Upon transmission of the profiles, the company receives an email with further information about the candidate and, if applicable, additional notes about the selection process.
4.4 A separate written contract concerning the mediation service may be concluded individually between the company and NovaSearch GmbH. The content of the contract will then include the services described in the GTC and within the framework of the request. Further information (e.g. about data processing) can be accessed on the platform (e.g. privacy notices).
5. Obligations of the client
5.1 The client undertakes to provide truthful, complete and up-to-date information when using the platform. Incorrect or incomplete information may lead to rejection of the service or exclusion from the brokerage process.
5.2 The client must ensure that all required consents under data protection law have been obtained if personal data of third parties (e.g. additional team members in the recruitment process) are transmitted to NovaSearch.
5.3 The client is obliged to carefully store and keep confidential all information received in the course of cooperation (e.g. about candidates, data protection policies, contract documents).
6. Remuneration, commission arrangement
6.1 The use of the platform nova-search.com to request candidate profiles is generally free of charge for companies, unless explicitly agreed otherwise.
6.2 A brokerage fee is only payable in the event of success (e.g. upon conclusion of a contract between candidate and client) and is regulated in a separate service contract with NovaSearch GmbH.
6.3 Possible additional services (e.g. active sourcing, suitability diagnostics, assessment advice) may be remunerated separately, provided they are explicitly ordered and clearly stated in advance.
6.4 Internal billing modalities between Nova Search GmbH and any service providers or partner companies are not part of this document and are regulated separately.
7. Service changes, technical availability
7.1 Nova Search GmbH reserves the right to adjust functions and contents of the platform in whole or in part without prior notice, provided that this is reasonable for companies and the core purpose of the platform (e.g. brokering suitable candidates) is preserved.
7.2 Scheduled maintenance work or temporary technical restrictions will be announced on nova-search.com or by email to registered users. Liability for short-term technical failures is excluded unless caused by force majeure, cyber attacks or disruptions at hosting providers.
8. Right of withdrawal
8.1 To the extent a contract with a candidate or company qualifies as a consumer contract within the meaning of the BGB, they are entitled to a statutory right of withdrawal under §§ 355ff. BGB.
8.2 The withdrawal period is generally 14 days from the conclusion of the respective contract. Exact information and a sample withdrawal form are provided with the contract documents.
8.3 The right of withdrawal does not apply to services provided purely electronically, the execution of which has begun with the express consent of the user and awareness of the loss of the right of withdrawal before the expiration of the period (§312g (2) no. 9 BGB), such as the immediate transmission of candidate profiles following digital commissioning.
9. Liability
9.1 Nova Search GmbH is liable without limitation under statutory provisions for damages arising from injury to life, body or health and in cases of intent or gross negligence.
9.2 For other damages, NovaSearch GmbH is only liable in cases of gross negligence or intent.
9.3 In case of slightly negligent breach of essential contractual obligations (cardinal obligations), NovaSearch GmbH's liability is limited to the typical, foreseeable damage.
9.4 The above limitations of liability do not apply to fraudulently concealed defects or in cases of express guarantees about life, body or health.
9.5 Liability under the Product Liability Act (ProdHaftG) is not applicable to the services offered.
10. Data protection
10.1 Providers process personal data of the client on the basis of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act. More detailed information on the scope of data processing, the rights of affected parties and the transfer of data to distribution partners is contained in the separate privacy policy on https://www.nova-search.de/privacy-policy (or corresponding URL).
10.2 With consent to the transmission of the data during the finalisation process, the customer explicitly agrees that his personal data will be transmitted to the respective distribution partners for the purpose of offer creation, contract execution and processing.
10.3 The providers have appointed a data protection officer.
11. Duration and termination
11.1 Contracts without a fixed term between the client and providers can be terminated at any time without notice by the client ceasing the use of the platform.
11.2 If a contract is already in progress between the client and a distribution partner (e.g., an insurance contract), termination is determined in accordance with the General Insurance Conditions or contractual conditions of the respective distribution partner.
11.3 Extraordinary termination for good cause is available to both parties. A good cause exists, in particular, if the client violates essential obligations (e.g., false information, breach of data protection regulations) and does not rectify this violation within a reasonable period after a written warning.
12. Final provisions
12.1 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision should be replaced by a valid one that best meets the economic purpose.
12.2 Place of performance and exclusive jurisdiction for all disputes arising from this contractual relationship is, where legally permitted, Hamburg.
12.3 German law applies to the exclusion of the UN Sales Convention.
12.4 Amendments or supplements to these GTC require the written form. This also applies to the waiver of the requirement for written form.