General Terms and Conditions – KS Personalvermittlung
Our General Terms and Conditions apply when clients – in particular employers such as hospitals, medical facilities or practices, or medical professionals – use the services of KS Personalvermittlung. They contain your rights and obligations as our client as well as the most important data protection provisions.
Preamble – KS Personalvermittlung
KS Personalvermittlung supports you as a medical facility, hospital or practice in recruiting qualified professionals – primarily with language level B2 from Europe and third countries. Using the Skilled Workers Immigration Act (FEG), we make it possible to ensure fast and expedited immigration of new skilled workers. In doing so, we adhere to the IRIS Standard and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up.
§ 1 Scope of Application
(1) These General Terms and Conditions ('GTC') apply to all contracts for the provision of services, in particular personnel placement services for medical employers and medical professionals from Europe and third countries, between Khaled Shreeh – KS Personalvermittlung, Holsterhauser Str. 131, 45147 Essen ('Provider') and you ('Partner'). (2) The GTC apply regardless of whether you are a consumer or an entrepreneur. (3) You are a 'consumer' if you are a natural person who concludes a contract for purposes that are predominantly neither commercial nor self-employed professional. (4) You are an 'entrepreneur' if you act in the exercise of a commercial or self-employed professional activity. (5) 'Platforms' means all our sales and operations channels – premises, documents, websites, apps and third-party profiles. (6) The version of the GTC valid at the time of contract conclusion is authoritative. Deviating GTC are not accepted. Translations of these GTC serve only for better understanding; the German version is legally binding. (7) All agreements result from the order, its annexes, our confirmation and supplementarily from these GTC. (8) These GTC also apply to other contracts where no specific GTC exist.
§ 2 Scope of Services
(1) We provide personnel placement services – in particular the placement of medical professionals from Europe and third countries with medical employers in Germany. We carry out the following steps in particular: – Selection of nursing professionals from abroad – Reviewing, translating and certifying documents – Submitting applications for professional recognition – Applying for a German police clearance certificate if required – Arranging German language courses abroad if required – Presenting suitable candidates – Supporting the employment contract and consent procedure with the Federal Employment Agency – Liaising with the German Embassy and checking completeness of documents – Finding accommodation – Collecting the applicant from the airport and accompanying them on their first working day – Ongoing support (registration, authorities, bank) (2) The scope of our services is determined in each individual case by your order.
§ 3 Remuneration and Performance
(1) We receive remuneration in accordance with your order. Our services for medical professionals are generally provided free of charge. Remuneration by medical employers: – 1st instalment: upon conclusion of the employment contract with the professional – 2nd instalment: upon completion of the probationary period If the professional withdraws through their own fault, the full remuneration will be refunded. (2) We undertake to provide contractual services carefully and conscientiously. (3) We are not subject to instructions regarding the manner, place or time of service delivery unless otherwise agreed in writing. (4) We are entitled to engage third parties, in particular as subcontractors.
§ 4 Contract Formation
(1) Presentations on our platforms are non-binding. (2) Our quotations and cost estimates are non-binding. (3) Legally binding orders may be placed through any channel offered by our platforms – by clicking an order button, submitting completed order documents, or personal handover. (4) By placing an order you agree to these GTC and our privacy policy. (5) You are bound by your order for 2 weeks after submission. (6) Order confirmations do not constitute binding acceptance unless expressly stated. (8) A contract is concluded when we expressly accept the order, begin performance, issue an invoice, or provide the service. (9) If your financial situation deteriorates significantly after order confirmation, we are entitled to withhold performance. (10) Multiple contracting parties are jointly and severally liable.
§ 5 Registration, Account
(1) Where services are available without an account, use of our platforms constitutes an offer to enter into a contract. (2) Where an account is required, it is created by registration. (3) All mandatory information must be complete and accurate. (4) Consumers must have full legal capacity and be over 18. Entrepreneurs must be legally capable and name an authorised representative. (5) There is no entitlement to registration. (6) Accounts may only be used personally; account sharing and transfers are prohibited. Multiple accounts per person are not permitted. (7) You are responsible for the accuracy of your information. (8) You must not jeopardise the secure operation of our platforms. In particular, uploading malware, sending advertising, using automated access without consent, and collecting other users' data without permission are prohibited. (9) We are entitled to suspend or delete accounts without giving reasons.
§ 6 Prices, Payment, Default
(1) Prices quoted are net prices excluding VAT unless otherwise stated. (2) Remuneration is due within 2 weeks of the invoice date. In the event of default, interest is charged (5 percentage points above the base rate for consumers; 9 percentage points for entrepreneurs). (3) Payment options: bank transfer, SEPA direct debit, debit/credit card, third-party platforms or payment service providers, where available. (6) Set-off against our claims is only permitted for legally established or undisputed counterclaims. (7) Rights of retention may only be exercised for counterclaims arising from the same contractual relationship. (8) In the event of late payment, we may engage a collection agency. (9) Fees charged by public authorities are not included in the price. (10) Hourly fees are billed in 15-minute increments; unused hours in packages expire upon completion of the total service.
§ 7 Term and Termination
(1) The contract term begins upon despatch of the order confirmation. (2) The contract runs for an indefinite period unless otherwise agreed. (3) In the case of a minimum contract term, the contract automatically renews for an indefinite period unless terminated one month before expiry. Thereafter, one month's notice to the end of a month applies. (5) Termination may be effected by letter or email.
§ 8 Performance Deadlines and Force Majeure
(1) We are not bound by deadlines for performance unless agreed in writing. (2) In the event of unforeseeable, extraordinary circumstances beyond our control (e.g. operational disruptions, official measures, industrial action, supply shortages), the performance period is extended appropriately. If performance becomes impossible, we are released from our obligation without you being entitled to withdraw or claim damages.
§ 9 Right of Withdrawal
(1) If you are an entrepreneur within the meaning of § 14 BGB, the right of withdrawal does not apply. The following applies to consumers:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Khaled Shreeh – KS Personalvermittlung, Holsterhauser Str. 131, 45147 Essen, Tel: 004917672142463, Email: ks@ks-personalvermittlung.de) of your decision to withdraw by means of a clear statement (e.g. a letter sent by post or email). To meet the withdrawal deadline, it is sufficient to send your notice before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will repay all payments received from you, including delivery costs, without undue delay and no later than fourteen days after we receive notice of your withdrawal – using the same payment method. If you requested that services begin during the withdrawal period, you owe us a proportionate amount for services already provided up to the point of withdrawal.
Withdrawal Form
To: Khaled Shreeh – KS Personalvermittlung, Holsterhauser Str. 131, 45147 Essen, Email: kontakt@ks-personalvermittlung.de I/We hereby withdraw from the contract concluded by me/us for the provision of the following service: Ordered on / received on: _______________ Name: _______________ Address: _______________ Signature (paper notice only): _______________ Date: _______________
(2) The right of withdrawal does not exist or expires where provided by law or court decision. (3) The right of withdrawal expires in particular for service contracts where the entrepreneur has fully performed the service after the consumer has expressly consented and confirmed awareness that the right of withdrawal is lost upon complete fulfilment by the entrepreneur.
§ 10 Duty to Cooperate
(1) You will support our service delivery through appropriate cooperation – in particular by providing required information, making documents available, and granting approvals without delay. (2) If you are not authorised to disclose certain information, this constitutes lack of cooperation. You will indemnify us against third-party claims. (3) Missing or defective cooperation entitles us to terminate the contract. (4) Damages arising from defective cooperation give rise to a claim for compensation.
§ 11 Communication
(1) Communication takes place by email or messaging services. You consent to receiving information via these channels. (2) Despatch and communication are at your risk. We are not liable for disruptions to networks or third-party systems.
§ 12 Reviews and Testimonials
(1) You may submit reviews; we retain discretion regarding publication. (2) Reviews must be truthful and factual. Defamatory or abusive content will be deleted.
§ 13 Copyright
All copyright-protected content (images, films, texts) published on our platforms is our property. Use without our written consent is not permitted.
§ 14 Data Protection and Data Security
(1) We process personal data for the purpose of contract performance under Art. 6(1)(b) GDPR. Data is processed lawfully, for specified purposes, minimised, accurate and securely. (2) Data is not disclosed to third parties without cause; exceptions apply for payment providers, subcontractors and legally required disclosures. (3) Data is deleted when no longer needed and no retention obligation exists (invoicing data: 10 years under § 147 AO). (4) You have the right to access, rectification, erasure, restriction, portability and to lodge a complaint with a supervisory authority.
§ 15 Liability and Indemnification
(1) The Provider is liable for intent and gross negligence in accordance with statutory provisions. (2) In all other cases, liability is limited to breaches of essential contractual obligations (cardinal obligations), restricted to foreseeable and typical losses. All other liability is excluded. (3) Liability for personal injury and liability under the Product Liability Act remain unaffected. (4) The Partner indemnifies the Provider against third-party claims arising from the Partner's culpable breach of obligations.
§ 16 Place of Performance, Applicable Law and Jurisdiction
(1) The place of performance is Essen. (2) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for merchants is Essen. (3) The contract language is German. Translations serve understanding only; the German version is legally binding. (4) Information on the EU online dispute resolution platform: http://ec.europa.eu/consumers/odr – We do not participate in dispute resolution proceedings.
§ 17 Final Provisions
(1) Amendments to these GTC are communicated by email 2 months before taking effect. They become effective if not objected to within that period. (2) Assignment of the contract takes effect 1 month after notification. You have a one-month right of termination following notice of assignment. (3) If any individual provision is invalid, the remaining provisions remain unaffected. The invalid provision is replaced by one that most closely achieves the intended economic purpose.