Terms and Conditions

Approach and terms for collaboration in the context of executive search

Objective: Our top priority is the complete satisfaction of our clients in every project. We aim to achieve this through a sustainable focus on quality. Our processes, commitment and professionalism ensure that, in every project, we find the precisely right candidate in the shortest possible time—someone who will further strengthen our clients’ business success in the medium and long term.

To this end, we have developed a comprehensive offering: for our clients, the entire process should be transparent from the outset and therefore easy to review. Even though we will do everything in every project to find the defined ideal candidate, we must state that we can only present candidates who exist in the market and are interested in the respective role. To ensure that all potential candidates are truly identified, we have been investing heavily for years—and will continue to do so—in unique IT support. This enables us to ensure that all potential candidates who have left traces on the worldwide web are at least detected. At the same time, from the very start of the project we place importance on formulating the ideal profile in a realistic way. At the same time, in executive placement and in headhunting in general, attracting candidates is becoming increasingly important. The optimal support is provided by the consultant who is able to inspire the candidate by presenting the circumstances and conditions at the new company realistically. The value creation of the external recruitment service is increasingly determined by the consultant’s presence, conduct, integrity and intellectual competence, which make them a “trusted advisor”, especially for top candidates.

Our maxim is the most careful selection of candidates so that they match the defined ideal profile 100% (or almost 100%). This saves our clients valuable time. The final decision as to which candidate is selected is made by the client. At the same time, we regard it as our professional obligation to do everything we can to support our clients in this decision. We want to be measured by how successful the candidates we place are with our clients. We therefore want to offer our clients the assurance that, in every project, they will receive the best possible candidate. This naturally also includes supporting the entire negotiation process through to contractual agreement and the subsequent integration of the placed candidate into their new environment.

We provide our clients with all relevant information available to us about the final candidate. As a rule, we will not only use information received from the candidate themselves, but will also obtain additional information from their professional environment. This is intended to ensure that the risk of deciding on the wrong candidate is minimised.

In addition, we have built certain steps into our process that make it very unlikely that the candidate will provide false information about their professional background (e.g. regarding responsibilities, gaps in their CV, or achievements claimed).

With regard to candidates’ salary information, verification by us is naturally difficult. As a rule, we rely on the candidates’ statements, not without pointing out to them that false information will sooner or later be exposed as such.

Absolute confidentiality is the “conditio sine qua non” of our collaboration with clients. In order to carry out our assignments in a targeted and successful manner, we require comprehensive information that is treated in strict confidence.

The same confidentiality must also be maintained on the client side, in particular regarding the candidates we recommend.

Openness goes hand in hand with confidentiality. We have sought to make the entire executive search process as transparent as possible. Given the great responsibility towards candidates—who as a rule leave a successful and long-term employment relationship—it is essential that the client informs us of all current developments that directly or indirectly influence the position to be filled.

We have developed a close-knit communication pattern which is described in detail in our company presentation and is also outlined in part on our website (www.comites.com). We always endeavour to adhere precisely to the timelines specified there. Should deviations be unavoidable, we will—whenever possible—inform you in advance.

Fee structure and contractual terms:

Based on the systematic nature of our search process, we are convinced that we can complete the tasks entrusted to us with high efficiency and the best quality of results. We therefore insist on linking our fee to the quality of our placements as assessed by the client, meaning that our fee is only due in full if our placement fully meets or exceeds expectations. This applies to executive placement projects. We have also integrated performance-based components into our unique fee model for digital hunting projects.

A key element of the systematic nature of our search process is that, from the outset of every project, we provide appropriate, generously allocated resources in order to very quickly identify, approach and evaluate all possible candidates and, beyond that, to obtain all available information about these candidates.

Search profile; approval; changes

(1) Based on the information provided by the client, the contractor prepares a search profile defining the key requirement criteria (usually four to five criteria).

(2) The search profile is sent to the client in text form for review and approval. If the client does not communicate any requested changes in text form within 72 hours of receipt of the search profile, the search profile shall be deemed approved. When sending the search profile, the contractor will separately draw the client’s attention to the significance of their silence.

(3) The approved search profile forms the basis for further performance of the services.

(4) After approval, changes to the search profile may be made by the client. The contractor is entitled to charge separately for any additional effort resulting from changes, provided this is more than negligible. For this purpose, an additional fee (“new profile fee”) of EUR 10,000 will be charged.

(5) In the event of changes, agreed deadlines—especially for the presentation of search results—shall be extended to an appropriate extent in line with the additional effort caused by the changes.

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In principle, our fee is one third of the candidate’s annual salary if the candidate signs a contract with our client in the respective project. As a rule, annual salary means total cash compensation, i.e. base salary and the target bonus or guaranteed bonus in the first year.

This also applies to executive placement. In digital hunting, the focus is on the service of attracting candidates (not assessment). Likewise, support during contract negotiations and post-placement integration do not apply. Accordingly, the fee is lower and is generally around one quarter of the annual salary.

The charging of our fee is tied to precisely defined project results or milestones. These project results or milestones are generally set out in our individual proposals; you will also find them in the corresponding company presentation.

Detailed agreements in individual contractual relationships with the client shall in all cases supersede the general terms and conditions listed here.

If Comites GmbH presents a candidate to a client or otherwise brings them to the client’s attention in a verifiable manner (verbally, in writing or electronically), a fee claim by Comites GmbH arises in the event of hiring or other contractual commitment in accordance with the provisions below.

A presentation of a candidate means any form of transmission of information about an identifiable person by Comites GmbH to the client, in particular by sending names, profiles, CVs or other identifying details.

If the client hires a candidate presented by Comites GmbH, a total fee claim in the amount of 33% of the first annual salary (total cash compensation) of the candidate at the client arises. As a rule, this fee is split into 25% immediately upon signing the contract and 8% after six months of employment, provided the candidate’s performance meets or exceeds the client’s expectations.

This arrangement applies to Executive Placement. For Digital Hunting projects, the fee is 27% of the first annual salary (total cash compensation) and becomes due upon the candidate signing the contract.

The fee claim exists regardless of whether a formal project was agreed and regardless of the number of candidates hired by the client, provided they were previously identified by Comites GmbH and presented to the client.

The fee claim also arises if the client hires or otherwise contractually commits a candidate presented by Comites GmbH within 24 months from the time of presentation. This also applies if the hiring is for a position other than originally intended.

The same fee claim also exists if a candidate

• is hired in close temporal connection with an existing project in addition to the final candidate (“by completion”), or
• is hired within 24 months after being presented by Comites GmbH, provided this candidate was identified by an employee of Comites GmbH and demonstrably named to the client.

A hire within the meaning of this provision includes, in particular, the conclusion of an employment contract, service contract, corporate body contract, consulting contract, freelancer contract, interim management contract or any other remunerated contractual relationship, regardless of the specific job title, contract type or function. This also applies if the candidate initially works on a freelance basis, project-related or via a third-party provider and this later results in a permanent employment relationship.

The fee claim of Comites GmbH also arises if a presented candidate is hired or contractually engaged not directly by the client itself, but by a company affiliated with the client, group company, parent, subsidiary or sister company, or any other company economically or organisationally affiliated. In this case, the hiring shall be deemed to have been made by the client.

The candidate profiles transmitted by Comites GmbH as well as all information about candidates are to be treated as confidential and may not be passed on to third parties without the prior consent of Comites GmbH. If information is nevertheless passed on to third parties and the candidate is hired or contractually engaged by that third party within 24 months of the original presentation, a fee claim by Comites GmbH also arises in accordance with the fee schedule set out in these Terms and Conditions.

If the client claims that a presented candidate was already known before the presentation by Comites GmbH, the client must notify Comites GmbH in writing within five working days of receipt of the candidate presentation and provide evidence. If such evidence is not provided in due time, the candidate shall be deemed to have been presented by Comites GmbH.

All fee information—both here and in our company presentations—is exclusive of the applicable VAT at the current rate. Incidental expenses are generally billed on the basis of individual receipts, in line with our clients’ wishes. Our travel expense policy applies (see Appendix II_Travel Expense Policy). Alternatively, we also work on a flat-fee basis. In that case, either absolute amounts or percentages of the fee are applied. When billing based on receipts, a communication and incidental expenses flat rate is charged. This is also applied either as an absolute amount or as a percentage of the fee (generally 5%). Our minimum fee for a single project depends on the service package selected by the client. For a search project, it is in any case €35,000. Unless an individual agreement has been made, the above provisions apply. In the event of late payment, we are entitled to suspend the project until the contractually agreed payment has been made. This suspension will be announced in writing (usually by email).

If, in individual cases, Comites GmbH waives suspension in the event of late payment for overriding reasons, this in no way means that a waiver of fees is implicitly declared. The invalidity of individual components of these principles of collaboration does not affect the validity of the other components. Place of jurisdiction is Munich. If a candidate placed by us is promoted within the first 12 months after starting their role at the new company, or takes on another task, in such a way that their total cash compensation increases by more than 100%, the fee will be increased retrospectively. In that case, it amounts to a flat 25% of the total cash compensation granted to the candidate at the time of the fee adjustment (i.e. essentially base salary plus target/guaranteed bonus). Such a fee increase may arise, for example, if a candidate was originally placed as a supervisory board member and then moves to the management board. Comites GmbH • Jacobistraße 2 • 81927 Munich • T +49 89 945485- 30 • info@comites.com

1. Subject matter of the Terms and Conditions (T&Cs)
These Terms and Conditions (T&Cs) govern the contractual relationship between Comites GmbH (hereinafter referred to as the organiser) and participants regarding the use, payment and delivery of the services offered and agreed. They apply to all business dealings with participants and form part of the contract. Any deviating terms and conditions of participants shall not apply. These Terms and Conditions apply only insofar as a contracting party is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).

2. Conclusion of contract
A contract is concluded by the participants placing an order and the organiser accepting the order accordingly. The order placed by participants and the organiser’s acceptance of the order may be made by sending an email, by a written order, or verbally by telephone order / in person. Participants will receive a confirmation or rejection email after the order has been received.

3. Cancellation terms
The order is binding and may only be declared void by arrangement with the organiser against payment of a cancellation fee. The cancellation fee is: 50% of the training price for cancellations less than 14 days before the agreed date. 100% of the training price for cancellations less than 7 days before the agreed date. The organiser reserves the right to withdraw from holding the event in the event of insufficient bookings up to 3 weeks (1 week for online trainings) before the start of the event. Expenses already incurred (e.g. flight tickets, hotel bookings) will not be reimbursed to participants; the participation fee paid may be refunded. In addition, rebooking is possible.

4. Contract term / payment terms
The contract begins and ends specifically and individually at the agreed time.
The amount of the participation fee is based on the current price information on the organiser’s website. All services are exclusive of the applicable statutory VAT at the current rate. Participants may fulfil their payment obligation only by invoice. Invoices are issued within one week of the conclusion of the contract. All payments are due 14 days after invoicing without any deduction. Framework agreements do not apply to training and conference bookings.

5. Liability and warranty
In cases of intent or gross negligence, the organiser shall be liable in accordance with statutory provisions. Liability for guarantees is irrespective of fault. In the case of slight negligence, the organiser shall be liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, body or health, or for breach of material contractual obligations. However, the claim for damages for the slightly negligent breach of material contractual obligations is limited to the foreseeable damage typical for the contract, unless liability arises due to injury to life, body or health. The organiser shall be liable for the fault of vicarious agents and representatives to the same extent.
The provision of the preceding paragraph extends to damages in addition to performance, damages in lieu of performance and claims for reimbursement of futile expenses, irrespective of the legal basis, including liability for defects, delay or impossibility.

As of May 2026