General Terms
and Conditions

Scope

The following general terms and conditions apply to mediation of personnel obligations under a service contract, unless otherwise stated in the contractor's offer or written agreements between the parties involved.

Subject

The subject of the contract is the placement of personnel, which is carried out according to the principles of proper professional practice using modern knowledge and experience. The contractor acts according to the principles of the RAL quality mark "Care in the fair recruitment in Germany (www.faire-anwerbung-pflege-deutschland.de).

Scope of services

The task, procedure and type of mediation are determined by the contractor's offer, insofar as they are not regulated in the written agreements of the parties involved. Changes, additions or extensions of contractual provisions require a separate written agreement.

Determination of Order Completion 

If the contractor has provided the agreed services, he will notify the client of this in writing. The order is considered to have been performed and completed

a) if the contractor has performed the mediation services specified in writing or if the contractor confirms the termination in writing or

b) opposes the notification from the contractor in accordance with point a) immediately, at most within four weeks, with written justification.

Obligations for cooperation on the client side

The client is obliged to support the activities of the contractor, in particular, the client creates free of charge all the prerequisites in its operational sphere that are necessary for the provision of services. If the customer holds the contractor to the required prerequisites, it must compensate the contractor separately for any documented waiting time. The customer is responsible for ensuring that reports, organizational plans, statements and calculations are used only for their own purposes.

Specific obligations of the contractor

The contractor is obliged to provide information about the operation and to treat the client's business secrets confidentially and, if required, to have a corresponding commitment statement signed by its employees. If one of the employees breaches the obligation, the contractor fulfils its resulting obligation to compensate the customer by assigning the customer its recourse claims against the employee.

Commitment to loyalty

The client and the contractor are committed to mutual confidentiality. In particular, it is prohibited the employment or other employment of employees of the contracting partner, who have been active in connection with the execution of the order before the end of twelve months period after concluding the cooperation.

Interpretation aid for the absence of defects 

If the mediation is divided into several sections (phases), the client receives working documents depending on the progress of the work. They serve as information on the current recruitment status. If they do not lead to an immediate and justified complaint, the documents are used as an interpretation aid for a later assessment of the proper implementation of the personnel placement.

Fees and costs

The remuneration for the contractor's services is based on the rates set out in the framework contract, unless otherwise specified in individual cases.

All bills are paid immediately and without discount. In case of a delays in payment, interest rate of 8 percentage points above the basic interest rate must be paid, in accordance with Article 247 of the German Civil Code.

Warranty and liability

The contractor is not responsible for a deficiency if the shortage is based on the task given by the client or due to the faulty or insufficient cooperation of the client (see point 5 of these conditions). For the rest, the statutory regulations apply to the warranty.

The client can only assert claims for damages outside the warranty against the contractor in the case of intent or gross negligence. The exclusion of liability does not apply in the case of life and bodily injury or health and in the case of a breach of essential contractual obligations. Except in the case of intent, gross negligence, and damage resulting from injury to life, body, or health, the liability of the contractor is limited to the damage typically foreseeable at the time the contract was concluded.

Delay and force major

If the obligation is not fulfilled, the client may withdraw from the contract after the expiry of a reasonable period of non-payment set for the contractor if the agreed services have not been performed by the end of the period. Damage caused by delay cannot be claimed without prejudice to liability in case of fault.

Force de majeure events entitle the contractor to postpone the fulfilment of his obligations for the duration of a reasonable starting time. Strikes, lockouts and similar circumstances that make service significantly more difficult or impossible for the contractor are equivalent to force majeure.

If not cooperating in accordance with clause 5 of these conditions or acts otherwise, the contractor has the right to terminate the contract after setting a reasonable period of non-payment. The contractor retains the right to remuneration, taking into account the provisions of article 642 (2) BGB. The contractor's claims for compensation of additional expenses caused as a result of delay or non-cooperation on the part of the client and for the damage caused, also remain unaffected, even if the contractor does not use the right of termination.

Duration and termination of the contract

The duration of the contract is determined by the framework agreement.

Others

German law applies exclusively. If the regulations or parts of the regulations of these conditions are or become ineffective, the remaining regulations are not affected. On the contrary, the parties involved undertake to replace the ineffective provision with an effective one that achieves the same economic goal.