Terms of Service

for the recruitment and personel search of CuraPersonal,
department of CuraPersonal GmbH & Co. KG, Mammolshainer Weg 14, D-61462 Königstein im Taunus

1 SCOPE

1. These general terms and conditions (hereinafter “GTC”) apply exclusively to the personnel search services as defined in 611 ff. Civil Code (“BGB”) and the recruitment brokerage activity as defined in 652 ff. BGB of CuraPersonal, a department of CuraPersonal GmbH & Co KG, Mammolshainer Weg 14, D-61462 Königstein im Taunus (hereinafter “Cura Personnel”).

2. These terms and conditions apply in the relationship between CuraPersonal and its contractual partners (hereinafter referred to as “customers” and individually “customer”) in addition to the personnel placement contracts and personnel training agreements concluded individually between CuraPersonal and the customer and for the appendices to these contracts. If and insofar as the regulations of these contracts or their attachments deviate from or contradict the regulations of these general terms and conditions, the regulations of the employment agency contracts and personnel training agreements as well as their appendices take precedence over these general terms and conditions.

3. The current version of the General Terms and Conditions of CuraPersonal is available at https://curapersonal.eu 

2. PERSONNEL SEARCH

1. The personnel search services of CuraPersonal represent services in the sense of 611 ff. BGB.

2. CuraPersonal undertakes the pre-selection of suitable employees (each individually “the candidate”) by carefully examining the applications received, by conducting a first interview and – if possible – by obtaining references. If a pre-selection is made, only the data of the pre-selected candidates will be transmitted to the customer.

3. CuraPersonal prepares the presentation date between the customer and the pre-selected candidates by sending the application documents to the customer, informing the candidates and coordinating the presentation dates with the participants. The rejection of candidates not accepted by the customer will be done by CuraPersonal. The interview date for foreign candidates usually takes place via telephone or video communication. At the customer’s request, CuraPersonal will accompany the presentation date with qualified personnel.

4. CuraPersonal does not conduct a comprehensive aptitude test for the candidates. In particular, CuraPersonal does not guarantee the accuracy and authenticity of the information and documents provided by the candidates (e.g. diplomas, certificates). It is therefore up to the customer to check whether the candidates have the necessary personal and professional skills and experience for the job and whether they meet the health and character requirements.

5. CuraPersonal is obliged to make the service non-discriminatory within the meaning of the AGG, in particular with regard to the selection process, interviews and reasons for rejection and the candidate handling.

6. CuraPersonal provides personnel search services only on the basis and within the framework of the laws and regulations applicable in Germany and the countries in which the search takes place, in particular in accordance with the German Regulation on the Employment of Foreigners (Beschäftigungs Verordnung – BeschV) in its current and valid version. CuraPersonal does not do personnel search of candidates from the countries listed in the Annex to §38 BeschV.

3 RECRUITMENT

1. CuraPersonal provides recruitment as a brokerage within the meaning of 652 et seq. BGB by offering CuraPersonal the opportunity to conclude a contract with the candidate, provided suitable candidates who are interested in working for the customer are found.

2. If the customer already knows the candidate, he must inform CuraPersonal of this immediately after the information has been sent, but at the latest on the next working day, and provide verifiable information about where he knows the candidate from and how he can obtain information about the identity of the candidate Has. The customer’s obligation to pay the agency fee does not apply if the prior knowledge of the customer has been confirmed by CuraPersonal based on the information provided by the customer. If such confirmation of the prior knowledge of the customer cannot be obtained by the Cura personnel, the obligation to pay the agency commission is only waived if

3. CuraPersonal provides recruitment services only on the basis and within the framework of the laws and regulations applicable in Germany and the countries in which the search takes place, in particular in accordance with the German Regulation on the Employment of Foreigners (Beschäftigungs Verordnung – BeschV) in its current and valid version. CuraPersonal does not do recruiting of candidates from the countries listed in the Annex to §38 BeschV.

4 CLIENT’S DUTY TO COOPERATE

1. In order to process the contractual relationship, the customer will name a specific contact person in the company as the contact person for CuraPersonal and their employees in the requirement profiles for the candidates.

2. After a successful interview, the customer initiates and takes over all steps necessary to hire the candidate in his company, without CuraPersonal being obliged to cooperate.

5 CHANGES TO THE REQUIREMENTS FOR PERSONNEL SEARCH OR RECRUITMENT

1. The customer is entitled to request changes to the requirement profiles in writing. CuraPersonal can object to this change request in writing immediately, but at the latest within two weeks after receipt of the change request by the customer and refuse to search for personnel accordingly.

2ndIf CuraPersonal believes that the change request requires more work, CuraPersonal is obliged to notify the customer of this in writing within the aforementioned period. The parties will agree on a reasonable extension of the deadline for recruiting and / or an increase in remuneration. If no agreement can be reached, both parties are entitled to terminate the entire contract and / or the respective personnel search request with a notice period of two weeks to the end of the respective calendar month, stating the reasons. If CuraPersonal fails to notify within the specified period, the change request must be complied with at the terms and periods agreed in the respective changed requirement profile and this contract.

3. If the search for personnel or placement is no longer necessary, for example due to a different occupation of the workplace, the customer must inform CuraPersonal of this immediately.

6 MODALITIES OF SERVICE PROVISION

1. CuraPersonal provides the services on their own responsibility and to this end uses a / r or more of its suitably qualified employees, freelancers or carefully selected third parties or subcontractors, which both can be and legal persons domestic and foreign natural persons, in particular Companies and employees of companies associated with CuraPersonal within the meaning of 15 ff. AktG (the “employee”).

2. CuraPersonal and its employees determine their working methods independently at their own discretion, as required by the proper execution of the tasks. After prior agreement, special selection procedures for the candidates requested by the customer will be used, if possible.

3. If an ordered personnel search and placement cannot be completed within the deadlines and dates requested by the customer, CuraPersonal will inform the customer of this immediately and in good time.

4. CuraPersonal will oblige its employees to comply with the regulations of the recruitment contracts and personnel training agreements and monitor the compliance with these obligations.

5. Upon request, CuraPersonal reports to the customer verbally or in writing on the progress in the ongoing search for personnel and their results.

6. CuraPersonal does not owe or provide legal advice. When placing a foreign candidate who needs a residence permit and / or work permit, employment may only commence once the permit (s) have been issued. The customer bears the cost of obtaining the approval (s).

8 REMUNERATION

1. The placement commission is also to be paid by the customer if the main contract with the candidate, as defined in the personnel placement contract, only comes into effect after the contract has ended, but due to the recruitment and recruitment activities of CuraPersonal.

2. If a candidate has made with the customer from the main contract, employment competes, but within 60 days after commencement of a horizontal his person leaving the company of the customer, CuraPersonal is the personal search for a suitable other candidates according to the original resume the agreed requirement profile. The customer does not owe any further placement fees for the placement of a new candidate, insofar as and insofar as the placement fee was duly paid for the first candidate.

3. CuraPersonal receives remuneration for the services in the context of personnel training, the amount of which is specified in the respective personnel training agreement for the candidate.

4. The agency commission plus sales tax at the statutory rate and any remuneration for the personnel training is payable without deduction 30 days after receipt of the invoice. In the event of a delay in payment, interest is charged at a default interest rate of 8 percentage points above the base rate. The assertion of further damage caused by delay is not excluded.

9 REIMBURSEMENT OF EXPENSES

1. The customer has to CuraPersonal any expenses stipulated in the respective requirement profile between the parties and incurred in connection with the search for personnel and recruitment (e.g. advertisement costs, fees for the use of databases, forecast travel expenses of the candidates, travel expenses of CuraPersonal and its employees) refund.

2. The replacement of all other expenses by CuraPersonal or its employees requires the prior written consent of the customer.

10 CONFIDENTIALITY

1. CuraPersonal and their employees are obliged to treat all information that becomes known to them in connection with the provision of its services to customers, including this agreement and its annexes, silence, no matter whether it is to the customer or its Business relationships, unless the customer releases CuraPersonal and / or their employees from this duty of confidentiality. This obligation applies indefinitely even after the termination of the contractual relationship. CuraPersonal will oblige its employees accordingly and monitor this obligation.

2ndThis obligation does not apply to information that CuraPersonal or its employees can prove that they had previously known the content of the confidential information, or that it was publicly known information or that information became publicly known after it became part of this contractual relationship with CuraPersonal or became known to its employees, provided that this publication was made through no fault of CuraPersonal or its employees and is not based on a known breach by third parties of confidentiality obligations owed by them. The obligation also does not apply if CuraPersonal or its employees are required by law or based on a judicial or official decision or request to disclose the information.

3. The customer maintains the strictest confidentiality about the personal, professional and economic circumstances of the candidates, which become known to him within the framework of the candidate profiles presented by CuraPersonal, the interview dates or personnel training. Documents about the candidates, in particular employee profiles, certificates or exposés remain the property of CuraPersonal and may not be made accessible or reproduced to third parties, are to be treated in strict confidence and must be returned to CuraPersonal immediately and unsolicited if a main contract is not concluded.

4. All data and information material provided to CuraPersonal as well as other information from the customer will be treated with absolute confidentiality by CuraPersonal, only used or saved for the purposes of personnel search, brokerage and personnel training and not passed on to third parties.

11 LIABILITY

1.The liability of CuraPersonal for slight or simple negligence is limited to a maximum amount of EUR 2.5 million (in words: two point five million) (“maximum liability amount”). This limitation of liability is covered by liability insurance, about which CuraPersonal provides the customer with further information on request. The limitation of liability does not apply to grossly negligent or willful damage, nor to liability for culpably caused damage from injury to life, limb or health of a person. For damage resulting from a grossly negligent breach of duty by vicarious agents who are not legal representatives or senior employees of CuraPersonal, CuraPersonal is liable to a maximum of the damage typically foreseeable at the time the contract was concluded. Liability for lack of economic success, lost profit as well as for indirect or consequential damage of the customer or third parties is excluded.

2. If the aforementioned limitation of liability and the maximum liability amount are not appropriate, CuraPersonal will endeavor to obtain additional insurance protection requested by the customer (“higher insurance”). If the customer bears the additional expenses from the higher insurance, CuraPersonal is willing to agree a corresponding, extended liability framework in writing.

3. In the case of several beneficiaries in accordance with 428 BGB, all – including future – beneficiaries are entitled to the above maximum liability amount only once. CuraPersonal can provide debt relief to all creditors. Should the total of all claims (including future claims) exceed the maximum liability amount, the division of this maximum liability amount is the responsibility of the customer and all other beneficiaries. 334 BGB applies.

4. The customer is not entitled to assert contractual claims or procedures in connection with the provision of the services of CuraPersonal or the execution of this contract against any subcontractors or employees of CuraPersonal.

5. The customer undertakes to release CuraPersonal and its employees from all claims by third parties (including your affiliates and lawyers) and the resulting obligations, damages, costs and expenses (in particular reasonable external attorney fees) arising from the employment of the candidate in the company Customers result.

12 DATA PROTECTION

1. If processing of personal data for the customer, then CuraPersonal obliged to provide sufficient guarantees that appropriate technical and organizational measures are taken so that the processing is carried out in accordance with the requirements of DSGVO and protection of the rights of the affected Guaranteed person.

2. Cura Personal does not use any other data processors without prior separate or general written approval from the customer. In the event of a general written approval from the customer, CuraPersonal will always inform the customer of any intended change in relation to the involvement or replacement of other data processors, which gives the customer the opportunity to object to such changes. With regard to the content of an order data processing contract, the requirements of Art. 28 Para. 3 GDPR apply.

3. CuraPersonal assures that it will give any legally permissible and required consent by the customer to the processing of its data by the customer and will only use those employees who also declare this consent.

13 STORAGE AND RETURN OF DOCUMENTS AND OBJECTS

1. CuraPersonal committed to the drive you keep all your provided business and operational documents equal properly, in particular to ensure that third parties can not access and allow third parties to inspect only with the prior consent of the customer.

2. The business and operating documents made available to CuraPersonal and its employees as well as all copies made by CuraPersonal or its employees, which are in the possession of CuraPersonal or its employees, are not requested during the duration of the contract upon request and after termination of the contract to be returned to the customer.

14 TRANSFER OF CONTRACT

1. CuraPersonal is entitled to transfer any recruitment contract or personnel training agreement concluded with the customer as well as all individual rights and obligations of CuraPersonal resulting from this contract at any time, unilaterally and unconditionally to companies associated with CuraPersonal within the meaning of 15 ff. AktG (“affiliated companies”) without the customer’s further approval.

2. Neither a transfer nor changes in the company of CuraPersonal represent an important reason for an ordinary and / or extraordinary termination of the contractual relationship.

15 LOYALTY CLAUSE

1. CuraPersonal and the customer agree that, during the term of a recruitment contract or personnel training agreement and for another 12 months after its termination without the prior written agreement with the other party with reference to this clause not employees of the other party with him or a company in which they are significantly involved, hire or otherwise employ

16 FINAL PROVISIONS

1. The law of the Federal Republic of Germany applies to these terms and conditions.

2. If individual provisions of these terms and conditions are or become invalid, this does not affect the validity of the remaining provisions.

3. Place of jurisdiction for all disputes with Cura personnel is Königstein im Taunus.

© 2020 CuraPersonal GmbH & Co. KG. Terms & Conditions| Data protection policy | Imprint