Effective Date
These terms apply when you accept an Order Form for Konfer Executive Group’s Recruitment-as-a-Service (“RaaS”) subscription.
“KEG”, “we”, “us” refers to Konfer Executive Group.
“Client”, “you” refers to the company named on the Order Form.
If you ‘sign’ or ‘accept’ on behalf of a company, you confirm you are authorised to bind it.
1) Scope & Nature of Services
1.1 Services
RaaS is a subscription-billed professional recruitment service. It is not labour leasing, Employer-of-Record (EOR), or software (SaaS).
The scope is defined in the Order Form and any optional Statement of Work (“SOW”) and may include:
- Role intake
- Market mapping & talent research
- Direct headhunting & outreach
- Shortlisting
- Interview coordination
- Offer & acceptance support
1.2 Tiers
Service delivery aligns to the tier selected (e.g., RaaS Light / Medium / Ultra / RecruiterFlex), including throughput limits, service levels, and KPIs identified on the KEG website and/or Order Form.
1.3 Excluded Services
Unless explicitly added in an SOW, the following are out of scope:
- Legal or immigration services
- On-site HR operations
- EOR/payroll services
2) Term, Renewal, Pause
2.0 Formation & Acceptance
By signing an Order Form, completing online checkout (e.g., via Stripe), clicking “Accept” or similar confirmation button, or otherwise confirming purchase in writing, the Client agrees to be bound by these RaaS Subscription Terms. If an individual completes checkout or signing on behalf of an organisation, they confirm that they are authorised to bind that organisation.
2.1 Initial Term
The subscription begins on the Start Date shown in the Order Form or, where purchased online, on the payment confirmation date, and runs for the minimum term stated (typically month-to-month unless otherwise agreed).
2.2 Auto-Renew
Subscriptions renew automatically for monthly periods unless either party gives 30 days’ written notice.
2.3 Pause / Restart
The Client may request a pause at the end of a billing cycle. Services restart within 3 Business Days after written reactivation, assuming account is in good standing. Service expectations and KPIs adjust accordingly.
3) Ordering Mechanics & Change Control
3.1 Order Form
Each Order Form describes:
- Tier
- Start date
- Fees
- Role families / locations
- KPIs
- Add-ons
If there is any conflict between these Terms and the Order Form, the Order Form controls for that engagement.
3.2 Role Swaps / Prioritisation
The Client may re-prioritise roles within the agreed capacity. Exceeding capacity may require:
- (a) subscription upgrade, or
- (b) short-term add-on via SOW.
3.3 Changes
Either party may request changes. KEG will confirm acceptance or estimated commercial/scope impact within 10 Business Days. Approved changes take effect once confirmed in writing (email is sufficient).
4) Client Responsibilities
4.1 Collaboration
The Client will provide:
- Access to hiring managers
- Timely feedback
- Interview availability
- Decision-making within reasonable timescales
4.2 Systems & Tools
If KEG uses the Client’s ATS or HRIS, the Client will grant and maintain appropriate access.
4.3 Compliance
The Client remains responsible for all hiring decisions and related legal and regulatory compliance, including equal-opportunity requirements and background checks.
5) Candidate Introductions & Ownership Window
5.1 Definition
A “Candidate” means any individual identified, sourced, or presented by KEG to the Client, whether by CV, introduction message, interview arrangement, or mutual discussion.
5.2 Ownership & Off-Platform Hiring
If a Candidate introduced by KEG is hired (directly or via an affiliate or third party) within 12 months of initial introduction, and the hire occurs outside an active RaaS subscription or agreed service scope, the Client must either:
- (a) reactivate the RaaS subscription for a minimum term of three (3) months at the tier applicable to the role; or
- (b) pay a one-off RaaS Conversion Fee equal to three (3) months of the then-current subscription fee for the applicable tier, unless otherwise stated in the Order Form.
Exception: If the Client provides written evidence within 3 Business Days of KEG’s introduction that the Candidate was already under active consideration before KEG’s involvement, no charge applies.
5.3 Referrals
The Client must not pass Candidate information to third parties. If a Candidate is subsequently hired by another party as a result of Client referral within the ownership window, the Backdoor Hire Fee applies.
6) Service Levels, Outcomes & Credits
6.1 KPIs
Key service KPIs may include:
- Time-to-shortlist
- Interview-to-offer process support
- Weekly pipeline reporting
- Stakeholder satisfaction
KPIs may vary by tier and are outlined in the Order Form.
6.2 Credits (Not Refunds)
If KEG materially fails to meet agreed KPIs solely due to KEG’s actions or omissions, a service credit may be applied.
Credits are the sole remedy.
Recruitment outcomes (offer decisions, acceptance, retention) depend on market conditions and Client decisions, and are not guaranteed.
7) Replacement Support
7.1 Good-Faith Replacement
If a Candidate placed during an active subscription leaves for cause within 8–12 weeks (defined in Order Form), and subscription remains active, KEG will prioritise a re-search within existing tier capacity. Where capacity is full, additional support may require an add-on.
7.2 Exclusions
No replacement applies where departure is due to redundancy, restructuring, material change in role, or non-payment.
8) Fees, Taxes & Suspension
8.1 Billing
Subscription fees are billed monthly in advance. Add-ons and approved third-party costs are billed in arrears. Fees exclude VAT and applicable taxes.
Non-payment may result in suspension until payment is made.
8.2 Expenses
All expenses must be pre-approved and are billed at cost.
8.3 No Set-Off
Amounts due may not be withheld or set-off against other claims.
9) Data Protection & Confidentiality
9.1 Confidentiality
Both parties agree to protect each other’s confidential information with reasonable care and only use it to fulfil obligations under the agreement.
9.2 GDPR
Each party will comply with applicable data protection laws. Where KEG processes personal data on the Client’s behalf, both parties will sign a Data Processing Addendum (DPA).
9.3 Security
KEG maintains appropriate technical and organisational safeguards. Confirmed personal-data breaches will be reported without undue delay.
10) Intellectual Property
10.1 KEG IP
KEG retains all intellectual property relating to its methods, frameworks, processes, and documentation.
The Client receives a non-exclusive, internal licence to use deliverables solely for talent acquisition purposes.
10.2 Client Materials
The Client warrants that any materials it provides do not infringe third-party rights and grants KEG permission to use them solely for the engagement.
11) Non-Solicitation
The Client agrees not to solicit or hire KEG staff involved in delivery for 12 months after the engagement without written consent.
12) Compliance & Fair Use
12.1 Equal Opportunity
The Client is solely responsible for lawful, non-discriminatory hiring decisions.
12.2 Fair Usage
To ensure quality of service, KEG may throttle outreach volumes where Client usage consistently exceeds tier assumptions. KEG may recommend a tier upgrade or add-on.
13) Warranties & Disclaimers
13.1
KEG performs services with reasonable skill and care.
13.2
KEG does not guarantee:
- Number of hires
- Compensation outcomes
- Acceptance rates
- Retention outcomes
Except where expressly stated, services are delivered “as-is” and “as-available.”
14) Indemnities
14.1 KEG
KEG will indemnify the Client against third-party claims that KEG-created deliverables infringe intellectual property rights, excluding Client-provided material or instructions.
14.2 Client
The Client indemnifies KEG for claims arising from:
- Client hiring decisions
- Candidate discrimination or legal violations
- Material provided by the Client
- Use of deliverables outside these Terms
15) Liability
Neither party is liable for indirect or consequential losses, including:
- Loss of profits
- Loss of revenue
- Loss of goodwill
- Loss of data
KEG’s total liability in any 12-month period is limited to the fees paid in that period, excluding:
- Death or personal injury caused by negligence
- Wilful misconduct
- Indemnity obligations
16) Termination
16.1 Either party may terminate for material breach if not remedied within 30 days of written notice (10 days for non-payment).
16.2 Upon termination:
- All outstanding amounts become due
- Personal data will be returned or deleted per the DPA
- KEG will provide, upon written request within 30 days, a machine-readable export of active candidate pipelines sourced by KEG
17) Notices
Notices may be made by email to the addresses listed in the Order Form and are deemed received the next Business Day.
18) Governing Law & Dispute Resolution
These Terms are governed by German law.
Disputes will be resolved in German courts or by arbitration if specified in the Order Form.
Payment & Billing Policy
When We Charge
- Monthly subscription invoices issued in advance
- Payable upon receipt (or within 7 days if stated)
- Services may pause if overdue
Add-Ons / Out-of-Scope: Invoiced on delivery or monthly in arrears.
Expenses: Pre-approved only; billed at cost.
VAT & Currency: Fees exclude VAT and other taxes. Where applicable, VAT will be added.
Late Fees & Suspension: Overdue balances may incur statutory interest. KEG may suspend services until payment is made.
No Refunds: Subscriptions are non-refundable. Service credits are the sole performance remedy.
Disputes: Billing disputes must be raised within 14 days. Both parties will act in good faith to resolve.
Fair Usage: If activity exceeds tier assumptions (e.g., sourcing load, volume), KEG may recommend a tier change or add-on.
