Terms & Conditions
1. Scope of application of these general terms and conditions
These terms and conditions apply to using the flipstaff employment services as described under www.flipstaff.com. The SMART work labs GmbH is the operator of this website in Germany.
2. Subject matter of the use agreement
2.1 flipstaff offers talent users ("candidates") the possibility of getting offers from employer users ("employers") for jobs that match their skills and preferences.
2.2 The use of the Service is free of charge for candidates; Employers have to bear costs as provided in section 4.
3. Candidate selection process and job offers
3.1 After accepting an invitation from a member of flipstaff´s talent agent team, candidates will share a resume document. Furthermore, they will align with flipstaff's interviewer team to clarify their skills and preferences and match them to relevant jobs from employers.
3.2 flipstaff proposes well-matching candidates to employers. The employer can decide if they are interested in speaking with the candidate, continuing with their regular recruiting process, and ultimately offering a job contract to a candidate (verbally or in writing, permanent or freelance contract). The employer agrees not to try to circumvent our service by attempting to communicate independently of flipstaff and to employ a candidate by other means after finding the candidate via flipstaff.
3.3 The agreements established between employers and candidates do not bind flipstaff contractually. flipstaff has no obligation to enforce any agreement between the employer and the candidate. flipstaff is not involved in the formation of these agreements and cannot be held liable for any damages resulting from the enforcement of these agreements.
4. Fees
4.1 For candidates, the use of the service is free of charge.
4.2 If Employers engage flipstaff to support them in hiring candidates for a specific job, they can choose between a monthly flat fee pricing option ("Agent") or 2 success-fee-based pricing options ("Pro" or "Executive").
4.3 Fee amounts and related discounts are subject to change and will always be updated on flipstaff.com/pricing.
4.4 For all pricing options, employers have a free trial period of 30 days, within which they can stop the collaboration with flipstaff without any obligation to pay for the service.
4.5 All pricing options can be cancelled at any time.
5. Pricing Option “Agent“
5.1 This pricing option contains a monthly flat fee subscription for each job, without any additional success fees.
5.2 Furthermore, there is a mandatory upfront onboarding fee of 500€ for each job.
6. Pricing Options “Pro“ and "Executive"
6.1 These pricing options contain a success fee, which is charged if the employer signs a contract with one of flipstaff's candidates.
6.2 Additionally flipstaff agrees with each employer on a retainer, which is the fallback price for the services of flipstaff in case the employer finally decides not to staff the role or hire a candidate not via flipstaff.
6.3 If the employer signs a contract with one of flipstaff's candidates, the retainer price will not be charged on top of the success fee.
6.4 The success fee shall also arise if
(a) a contract between the employer and the candidate is concluded within 12 months after the proposal of the candidate or
(b) the employer presents the candidate to another company within 12 months or otherwise discloses information on the candidate, and a contract is concluded between the candidate and the other person/ the other company.
6.5 Should the employer hire more than one of the candidates he has identified via flipstaff, the success fee is to be paid for each hired candidate.
6.6 If the candidate ceases to be contractually bound to the employer within 2 months from the start date of the candidate, then flipstaff will recruit alternative candidates to restaff the position at no additional charge.
6.7 The employer is obliged to inform flipstaff in writing without any delay of the employment of a candidate, regardless of the form of contract (with a fixed term or open-ended contract, as employee or freelancer), and of any other contract concluded between the candidate (e.g. service or works contract) and the employer or a company affiliated with the employer.
7. Liability
7.1 flipstaff´s liability for negligent breach of material contractual duties of flipstaff shall be limited to damages that were foreseeable and typical of this type of agreement. Material contractual duties, including so-called cardinal duties in accordance with case law, shall be construed as any duty whose fulfilment is required to, in fact, allow for the proper performance of the contract and whose compliance the contracting parties may regularly rely on.
7.2 Apart from that, the liability of flipstaff shall be restricted to gross negligence and intent.
8. Confidentiality
8.1 Except as otherwise provided in these Terms of Service or with the consent of flipstaff, employers agree that all information about candidates shall remain confidential and shall not be utilized by the employer for any other purpose as recruiting for his open jobs via flipstaff.com.