General Terms and Conditions for the Cooperation with Freelancers by Drive Impact GmbH
1. scope of application The following General Terms and Conditions (GTCs) apply to all orders within the scope of
freelancers through Drive Impact, a service of Drive Impact GmbH (hereinafter simply referred to as
simply referred to as Drive). The General Terms and Conditions are an integral part of every order and every brokerage and
come into force both in case of written and verbal agreement with the customer. The client
is not obligated by this agreement to make use of further freelancer placements of Drive.
to make use of.
2. service description: Drive mediates freelancers in the HR/Recruitment area and advises the customer
the customer regarding the staffing of freelance projects and proposes suitable freelancers to the customer proactively
or in the context of a search order. The orders are processed in the best way by means of the
personal support, via the internet platform (www.dimpact.io ) and with consideration of the
individual needs and wishes of the client. For the customer only in the
costs for the customer only in case of success, i.e. if a contract between a freelancer presented by Drive and the
the customer. The costs are limited to the hourly rate of the freelancer in the
project scope and do not include any further service costs.
3. payment agreement: invoices are always issued at the end of the month. The term of payment is 14
days after invoicing. The customer also has a notice period of 14 days to the end of the week.
4. external costs: external costs such as advertisements in print and online media, expert opinions, analyses, tests,
travel expenses, etc. shall only be incurred if explicitly commissioned and authorized in writing by the customer.
customer. These costs will be charged additionally and are to be paid upon receipt of the invoice. Travel expenses
of the applicants to interviews with the customer are not covered by Drive. Likewise
the travel expenses of the freelancers.
5. protection regulations and data protection: If a freelancer presented by Drive Impact is to work for a different
for a mandate other than the one originally commissioned by the client, Drive also acquires a fee claim in accordance with the aforementioned principles. If a permanent employment relationship between a freelancer or employee of Drive Impact GmbH presented by Drive and an
and a company affiliated with the client (§15 AktG), a takeover fee of 20.000
of 20.000€ is due. Drive undertakes to treat the information received from the customer as confidential and to
and to use it only within the scope of the search order placed.
6 Confidentiality: The customer undertakes to inform Drive about the content of this agreement, in particular about the
the amount of the hourly rates, to the candidates and third parties. In case of
Drive reserves the right to assert the damage incurred.
partially invalid or
8. unenforceable, the validity of the remaining provisions shall not be affected thereby.
affected. The parties undertake to replace the invalid or unenforceable provision by a provision that
provision that comes as close as possible to the economic purpose of the provision that has ceased to apply.
All relationships between the customer and Drive are subject to German law. Place of performance and
place of jurisdiction is, as far as legally permissible, the registered office of Drive. These General Terms and Conditions are binding
and valid from June 2020 and replace all agreements made previously.
General Terms and Conditions for the cooperation with Drive
Impact GmbH as Vendor
1. scope of application
The following General Terms and Conditions (GTCs) apply to all orders within the scope of the
services via Drive Impact, a service of Drive Impact GmbH (hereinafter referred to simply as Drive).
hereinafter simply referred to as Drive). The General Terms and Conditions are an integral part of every order and every
and come into force both in the case of written and verbal agreement with the Vendor.
2. service description
Drive places freelancers on a project basis for the recruitment of vacancies or HR interim activities.
The assignments are carried out in the best possible manner by way of personal support, via the
Internet platform (www.dimpact.io) and under the project management of the freelancer, taking into account the individual
individual needs and wishes of the client. The Vendor is subject to the following
Conditions of its service in cooperation with Drive Impact:
A) The Vendor receives the customer contact from Drive Impact.
Vendor Projektscope Drive Impact Projektscope Passing on of the hourly rate
of the customer
100% 0% 80%
66% 33% 100%
50% 50% 110%
33% 66% 120%
B) Drive Impact receives customer contact from the Vendor.
Vendor Project Scope Drive Impact Project Scope Hourly Rate
66% 33% 110%
50% 50% 120%
33% 66% 130%
A customer contact may be claimed if there has been no written exchange 4 weeks prior to the customer's presentation to
Drive or the Vendor there has been no written exchange in the context of the specific project. The
Vendor agrees to outsource the agreed upon percentage of the specific project to Drive Impact.
Drive Impact. In the event that the Vendor manages 100% of the project itself, Drive Impact will pay 80% of the hourly rate
the hourly rate agreed with the customer to the vendor and Drive Impact will receive a 20% referral fee for
for acquiring the customer. This only applies if the customer was generated by Drive. The
cooperation can be terminated at any time with a notice period of 4 weeks.
3. customer presentation
Drive regularly presents the Vendor with customer projects that meet its qualifications. If the
Vendor shows interest and wants to pitch to the customer, he gives Drive an option for the project. The
Vendor is then connected directly with the customer and introduces themselves to them.
As long as the Vendor is in the process with the customer and expects a timely response, it avoids
to take on another customer project, as this can also be damaging to his own reputation.
4. fee agreement
The cooperation is on an hourly basis and is coupled with the respective project scope. The
Vendor invoices the hourly based service monthly at the end of the month. The hours
must be recorded in a document that is the basis for invoicing. The payment term
is 14 days after invoicing.
5. third-party costs
Third-party costs such as special advertisements in print and online media, expert opinions, analyses, tests, travel expenses
etc. are only incurred if explicitly authorized in writing by Drive to the Vendor. These costs
will be reimbursed to the Vendor only if approved in advance by Drive.
6 Protective provisions and data protection
Drive transmits the applicants' personnel files on behalf of the applicant. The Vendor is obliged
to treat the applicants' personnel files and the information contained therein confidentially.
treated confidentially. Reference information may only be obtained after consultation with the Applicant. The
personnel dossiers may not be used directly or passed on to third parties and, with the exception of the
remain the property of Drive, with the exception of the personnel dossier of an applicant recruited by the customer. Twelve
documents must be destroyed and deleted from all data carriers twelve months after receipt.
deleted. The Vendor undertakes to treat the information received from the customer confidentially
and to use it only within the scope of the search order placed.
Vendor agrees to maintain confidentiality regarding the contents of this Agreement. In case of
case of a breach, Drive reserves the right to claim damages. In addition, the Vendor is
Vendor is also prohibited from disclosing customers introduced by DRIVE (for up to 3 months after the
and/or 6 months after the end of the project) and to continue them without Drive.
If a poaching attempt occurs, a contractual penalty of 50,000€ will be imposed.
If individual provisions of these terms and conditions are or become invalid or unenforceable, in whole or in part
the validity of the remaining provisions shall not be affected. The parties
parties undertake to replace the ineffective or unenforceable provision by a provision that is
comes closest to the economic purpose of the omitted provision. All relationships
between the customer and Drive are subject to German law. Place of performance and place of jurisdiction is, insofar as
legally permissible, is the registered office of Drive. These General Terms and Conditions are binding and valid as of June 2020
and replace all agreements made previously.