Terms and Conditions

TERMS AND CONDITIONS FOR COMPANIES, SELF-EMPLOYED PERSONS AND TRADERS (B2B)

These General Terms and Conditions govern the use of the website www.zeitarbeit-international.de by companies, freelancers, self-employed persons and traders (B2B), as well as the services provided or coordinated by Zeitarbeit International s.r.o. They clearly set out what Zeitarbeit International is responsible for and which obligations remain with the client, the employing company or agency, a subcontractor, an applicant or other third parties.

Provider and contact details

Zeitarbeit International s.r.o. (hereinafter referred to as the „Company“ or „Zeitarbeit International“)

Registered office: Černyševského 10, 851 01 Bratislava, Slovakia

German representative office: Neuneralmweg 11, 82491 Grainau, Germany

Managing Director: Peter Gassenmaier

Telephone: +49 172 7477707 | Email: info@zeitarbeit-international.de

Scope of application in B2B transactions and hierarchy of contractual documents

These General Terms and Conditions apply exclusively to traders within the meaning of Section 14(1) of the German Civil Code (BGB), in particular to companies, freelancers, self-employed persons and traders, provided that they are acting in the course of their commercial or self-employed professional activities at the time the contract is concluded, as well as to legal persons governed by public law and special funds under public law. Consumers within the meaning of Section 13 of the German Civil Code (BGB) are expressly excluded; these General Terms and Conditions do not confer any consumer rights and do not apply to recruitment services provided to consumers.

These General Terms and Conditions apply to enquiries via the website, quotations, recruitment and candidate introductions, the coordination of temporary work or the supply of temporary staff, the referral of subcontractors, outsourcing support, and related organisational or administrative services, unless otherwise specified in a signed individual agreement.

A signed individual agreement, an accepted quotation, an order confirmation, a temporary employment contract, a contract for work and materials or a subcontracting agreement shall take precedence over these General Terms and Conditions in respect of the same subject matter. Mandatory law shall always take precedence. The client’s general terms and conditions shall only apply if the company has expressly agreed to them in writing.

Candidate profiles, website descriptions and interviews are provided for information purposes only. They do not, in themselves, constitute a contract or a binding commitment that a particular person, team, price, start date, authorisation or project outcome will be available or achievable.

Conclusion of Contracts and Power of Representation

An enquiry made via the website or by telephone is non-binding. A contract is formed when the Company expressly accepts an order in writing, the client accepts an offer from the Company in the manner specified therein, or the Company commences the requested service with the client’s knowledge and consent. Electronic signatures and an unambiguous declaration of acceptance by email are permissible, provided that this is permitted under applicable law.

Significant amendments to the contract, guarantees, waivers of remuneration or extensions of liability may only be agreed by the company’s managing director or another person who can demonstrate that they are authorised to act on the company’s behalf. Statements made by an applicant, an employee, a partner company or an unauthorised intermediary are not binding on the company.

Definitions

  • The client is the company or public-law body which, through the agency, requests, receives, interviews, recruits, commissions, deploys or gains access to a candidate, an employee, a partner company or a subcontractor.
  • An applicant is any person who is proposed or put forward for potential employment, secondment, temporary agency work or any other form of assignment.
  • A worker is any person who, following the establishment of an employment relationship, is employed, supplied, posted, deployed or otherwise called upon to perform work.
  • A partner company is a legally independent employer, a licensed temporary employment agency, a recruitment agency, a subcontractor or other service provider that may employ or supply workers, or carry out a project.
  • An individual agreement is an offer, a contract, a specification of services, a recruitment contract, a temporary agency work contract, a subcontract, a contract for work or any other written agreement accepted by the parties.
  • Documents include proof of identity, residence, employment, social security, posting, tax, company registration, insurance, qualifications, permits, training, references, health or other evidence relating to an applicant, a worker or a partner company.

Legal status and role of the company

The company searches its own networks and those of its partners for individuals or organisations that are likely to meet the criteria provided by the client. Depending on the individual agreement, the company may introduce candidates, coordinate communication, collect and pass on information, provide support with forms, travel or accommodation, and assist with the preparation of contracts or permits.

The specific legal role of the company must be clearly defined in the individual agreement. Unless the company is expressly designated therein as an employer, a temporary work agency, a contractor or a regulated adviser, it acts solely as an intermediary and coordinator. An applicant’s employer, a licensed temporary work agency or a subcontractor may be a legally independent partner company with its own contractual and statutory obligations.

The Company is under no obligation to successfully fill every vacancy, nor to ensure that an applicant or partner company accepts an assignment. Furthermore, it does not guarantee that a specified start date will be met, nor does it guarantee a specific minimum duration of assignment. Availability and scheduling may depend, in particular, on third parties, public authorities, permits, travel conditions and changes in the legal situation.

Overview of responsibilities

This summary should always be read in conjunction with the detailed provisions set out below.

Topic

Obligations of the company

Obligations of the client

Search and selection

Search and presentation based on the criteria specified by the client.

Full specification of requirements and final selection decision.

Documents

Collection, forwarding and – where agreed – checking for apparent completeness or plausibility.

Access to original documents and independent verification of their authenticity, validity and legal admissibility.

Professional competence

Matching profiles against the specified experience or qualifications; organising interviews, where agreed.

Conducting interviews and tests, and confirming candidates’ actual knowledge and suitability for the role.

Legal operability

Coordination of information or administrative processes exclusively to the extent agreed.

Verification of eligibility to work, permits, recognition, posting, insurance cover and all conditions for employment.

Location

No control over the client’s business premises, unless expressly agreed otherwise.

Lawful instructions, supervision, documentation, risk controls, training, personal protective equipment and a safe workplace.

Description of requirements and the client’s obligations to cooperate

The client must provide all information required for the recruitment and deployment process in full, accurately and in a timely manner. This includes, at a minimum, the role, responsibilities, place of work, sector, required professional experience, licences or status within a regulated profession, language proficiency, working hours and shifts, duration of the assignment, remuneration or project budget, collective agreement or company-specific requirements, safety risks, physical requirements, tools and protective equipment, travel or accommodation requirements, and all legally permissible selection criteria.

The client must correct any changed or inaccurate information without delay and appoint a designated contact person who is authorised to make decisions and provide information regarding the site of operation. The company may rely on the information provided by the client, provided that such information is not obviously incorrect.

The client must not require or use any discriminatory, unlawful or irrelevant selection criteria. The client bears sole responsibility for the lawfulness of any interviews, tests, background checks, medical examinations and automated decision-making processes carried out or arranged by the client.

Delays, additional costs or unsuitable proposals resulting from incomplete, incorrect or late information provided by the client shall not constitute a breach of duty on the part of the company. Agreed additional services may be invoiced separately, subject to prior notice.

Information for applicants and vetting of documents

Applicant profiles, CVs, references and supporting documents are regularly provided by applicants, partner companies, public authorities or other third parties. Unless the individual agreement expressly provides for a specific verification service, the company may only check these materials for apparent completeness, internal consistency and plausibility, and forward them in the condition in which they were received.

A completeness or plausibility check does not constitute a verification of authenticity, an official certification, the recognition of a foreign qualification, legal advice, official authorisation or a guarantee. The company accepts no liability for the authenticity, currency, integrity, accuracy of translation, legal sufficiency, suitability for the intended role or verification of the claimed professional experience of third-party documents.

The Company is under no obligation to contact any issuing authority, educational institution, former employer, insurer, social security provider or public register, unless the relevant check is expressly specified in the individual agreement. Should the Company become aware of any material discrepancies, suspected forgery or the expiry of a validity period, it shall inform the client without delay and shall be entitled to suspend the placement or assignment.

The Client acknowledges that a thorough document verification process may require original documents, protected registers, official confirmations, certified translations, professional recognition procedures or specialist legal advice, which the Company is neither authorised nor actually in a position to carry out.

The client’s independent audit obligations

Before submitting a quotation, entering into an assignment or contractual relationship, granting access to the site of the assignment, paying for services or authorising an assignment, and again in the event of any possible change to its validity, the client must independently verify all circumstances relevant to a lawful and safe assignment. This obligation is not deemed to have been fulfilled merely because the company or a partner company has provided a copy or has described the document as being recognisably complete.

The client’s review must be proportionate to the activity in question and the applicable legal framework and – where relevant – must include, in particular, the following:

  • Identity and the correspondence between the person, photograph, name, details and original identity documents;
  • Authorisation to enter, reside, work, be posted, be seconded or provide services on a self-employed basis in the relevant country, including any restrictions specified in the relevant permits;
  • An A1 certificate, as well as evidence relating to social security, posting, customs, the minimum wage, tax, business or company registration, and insurance cover;
  • The existence, status and legal authority to represent or act on behalf of a partner company acting as an employer, a temporary work agency or a subcontractor, as well as any licence required for the provision of temporary agency workers;
  • Training, vocational and professional qualifications, licences, professional recognition, protected professional titles, safety briefings, equipment certificates and other activity-specific authorisations;
  • References, employment history, language skills, practical skills, reliability and suitability for the specific tasks, equipment and working conditions of the client;
  • medical fitness, criminal record information or security checks, solely insofar as this is lawful, necessary and based on a sound legal basis; and
  • the continued validity of all time-limited documents throughout the entire duration of the assignment.

Where appropriate, the client must consult original documents, official registers, the relevant authorities, issuing bodies, qualified advisers, interviews and practical tests. They must not employ a person whilst any required check remains incomplete, a document has expired or is contradictory, or the person’s legal eligibility for employment remains unclear.

The client is responsible for retaining the necessary supporting documents and copies within the time limits prescribed by law, as well as for protecting the data of applicants and employees. They must inform the company immediately of any suspected fraud, enquiries from the authorities, incidents, failed checks or the loss of any eligibility requirement.

Final selection, qualification and performance

The company identifies potentially suitable individuals or organisations; the final decision regarding recruitment, commissioning and deployment rests solely with the client. As only the client is in a position to make a definitive assessment of the actual workplace, the equipment, the risks, the team, the supervision and the required standard of performance, the client must itself carry out the necessary interviews, legally permissible tests, reference checks and practical assessments of suitability.

Qualifications, professional experience and past performance do not constitute a guarantee of future performance. Subject to any replacement, re-staffing or credit arrangements expressly agreed in writing, the Company gives no guarantee as to productivity, conduct, attendance, continued employment, language proficiency, suitability for a particular purpose or the achievement of a project outcome for the client.

The client must report any material deviation without delay, providing objective and verifiable facts. The parties shall cooperate in good faith to find an appropriate solution. However, a claim for compensation, a refund or a credit note shall only arise insofar as this is expressly provided for in the individual agreement or is mandatory under law.

Recruitment and direct employment

In the case of a recruitment placement, the employment contract, service contract or other contract of engagement is concluded directly between the client – or a disclosed affiliated company – and the applicant. The client bears sole responsibility for the job offer, contractual terms, remuneration, payroll, taxes, social security contributions, compliance with residence and employment legislation, induction, supervision, working hours, annual leave, equal treatment, termination of the employment relationship and all other employer obligations.

The Company shall not be a party to the employment relationship, unless the individual agreement expressly provides otherwise. Information regarding salary, availability, recognition, immigration or employment conditions is provided for general guidance only and must be independently verified by the client through qualified advisers or the relevant authorities.

Temporary work and the supply of workers

Where workers are supplied under a temporary agency work arrangement, the licensed agency and the client must conclude the statutory temporary agency work contract before the start of work and accurately specify the nature of the assignment and the specific worker concerned. The agency remains responsible for the employer obligations incumbent upon it; the client remains responsible for the obligations incumbent upon it at the place of work. Neither party may rely on these General Terms and Conditions to circumvent mandatory statutory obligations.

Unless the company is expressly designated in the individual agreement as a licensed temporary employment agency, its activities are limited to introducing and liaising with the partner company that employs and supplies the worker. Before the start of the assignment, the client must independently verify the identity and legal form of this company, the relevant temporary agency work licence, its scope and validity, and the complete contractual documentation.

The client must, in particular, comply with applicable maximum assignment periods, equality and equal pay requirements, records of working hours, the works council’s rights of co-determination, sectoral restrictions, access requirements, and health and safety obligations. It shall provide the temporary employment agency and the company with all the information required for this purpose in a complete and accurate manner.

Subcontractors and contracts for work and services

Where subcontractors are engaged, the subcontractor or main contractor remains a legally and economically independent enterprise and is itself responsible for its employees, its organisation and the work or services contractually owed, unless a specific contract provides for a different allocation of responsibilities. The client must independently verify the company’s registration, power of representation, insurance cover, tax and social security status, posting documentation, compliance with the minimum wage, licences, qualifications and the legal structure of the proposed model.

The parties must carry out the contractual relationship in accordance with its actual legal classification. The client must not exercise any authority under employment law or exercise any control over the staff of a subcontractor in a manner that could result in a genuine contract for work or services being reclassified as covert temporary agency work or an employment relationship. Instructions regarding the specification of the work to be performed, the coordination of the place of work or the assurance of safety shall only be permitted to the extent permitted by law and under the individual contract.

The Client is aware that, as a business owner or principal contractor, it may be liable by law for minimum wage claims or other obligations of contractors and subcontractors. An allocation of responsibilities under private law does not preclude any claims granted by mandatory law to an employee, a public authority or any other third party.

Incident Command, Health and Safety at Work

The client is in charge of its premises and work processes and is responsible for ensuring that the workplace is safe and complies with the law. Before work commences, they must carry out the necessary risk assessments, provide clear instructions and guidance in a language the worker can understand, supply safe work equipment and the necessary personal protective equipment, appoint competent supervisors, coordinate emergency, accident and first-aid procedures, and comply with working time, access and environmental regulations.

The client must treat temporary or seconded workers in accordance with the applicable regulations on equal treatment, non-discrimination and health and safety at work. Working hours and performance must be accurately recorded; any incidents or concerns must be reported to the employer or partner company without delay. Illegal or unsafe activities must not be ordered or demanded.

The Company is entitled to suspend any placement, supply or coordination service if, based on a reasonable assessment, it has grounds to believe that the assignment, documentation, working conditions or instructions are unlawful or unsafe. Such a suspension shall not affect any remuneration already earned or any reasonable costs already incurred.

No legal, tax, immigration or accreditation advice

Website articles, checklists, templates, translations, administrative support services and notices are provided solely for general information and coordination purposes. They do not constitute advice on legal, tax, immigration, social security, health and safety or professional recognition matters. The relevant regulations vary depending on the country, sector, occupation and service model, and are subject to change at any time.

Clients, employers, temporary work agencies and subcontractors must seek expert advice on their own initiative and obtain the necessary confirmations from the relevant authorities. Only a competent authority or other body authorised by law may grant a licence, recognise a qualification, confirm authorisation to practise a regulated profession or make a binding determination as to legal compliance.

Remuneration, expenses, tax and payment

Remuneration, the circumstances giving rise to remuneration, hourly rates, minimum rates, expenses and any provisions relating to compensation, replacement or credit notes are set out in the individual agreement. Unless expressly stated otherwise therein, all remuneration is subject to statutory value added tax and other applicable duties.

If the remuneration is based on a referral leading to subsequent employment, the award of a contract, the provision of services or any other contractual relationship, it is earned as soon as the client, or a company affiliated with it or introduced by it, directly or indirectly employs, commissions or utilises the services of the candidate or partner company introduced, within twelve months of the last introduction or the last significant contact arranged by the company.

Invoices are due for payment without deduction within the period stated on the invoice or, if no period is specified, within fourteen calendar days of receipt. The client must notify the supplier immediately of any specific objections to the invoice and pay the undisputed amount by the due date. Statutory interest on late payments and reasonable legal costs remain unaffected.

The Client may only set off or withhold payments against undisputed, legally enforceable counter-claims or counter-claims arising from the same contractual relationship, unless mandatory law provides otherwise. Travel, translation, certification, administrative, accommodation or other third-party costs approved in advance may be charged in addition to the fee for services rendered.

Auditions, the ban on bypassing the selection process, and information for applicants

Information relating to candidates and partner companies is confidential and is provided solely for the purpose of assessing the specific requirements as communicated. The client must not disclose profiles or documents outside the circle of decision-makers, nor to affiliated companies, customers, suppliers or other recruitment agencies, without the company’s prior written consent and without a valid legal basis under data protection law.

The client must not structure an assignment or contractual relationship through another person or company in order to circumvent an agreed agency fee. If an eligible recipient or an affiliated company engages a candidate introduced by the agency or a partner company, the client must inform the agency without delay and remains obliged to pay the agreed fee to the extent specified in the individual agreement.

This provision neither restricts the applicant’s freedom to choose their place of work nor does it give rise to any obligation on the applicant’s part to make payment. It governs solely the business relationship between the company and the client acting as a business, self-employed person, freelancer, other self-employed individual or trader (B2B).

Confidentiality

Each party shall treat as confidential all non-public commercial, technical and price-related information, as well as information concerning applicants, employees and partner companies, which comes to its attention in connection with an enquiry or service. Such information may only be used or disclosed to employees, career advisers, public authorities and contractual partners who require the information for a specific purpose and are subject to appropriate confidentiality obligations.

The duty of confidentiality shall not apply to information which is in the public domain without any breach of contract, which was already lawfully known to the receiving party, which was developed independently, or which must be disclosed by virtue of law or a regulatory order. To the extent permitted by law, the receiving party must notify the other party prior to any mandatory disclosure.

Use of partners and transfer of contracts

The Company may engage suitably selected partner companies and service providers to perform or assist with the agreed service. The engagement of such partners does not relieve the Company of its own contractual obligations; however, the partner company remains responsible for its own independent obligations arising from its contract and applicable law.

The Client may not assign an individual agreement or a brokerage arrangement, nor transfer it to another legal entity, without the Company’s prior written consent. This does not apply in the case of a genuine merger or the transfer of substantially the whole of the relevant business operations, provided that the legal successor assumes the Client’s obligations. The Client remains liable for any brokerage commission triggered by an affiliated company or an authorised recipient.

Data protection

Each party shall act as an independent data controller with regard to the processing of personal data as determined by it, unless a separate agreement on data processing on behalf of a third party or joint controllership has been concluded. Each party must comply with the applicable data protection legislation, use data relating to applicants and employees exclusively for a lawful and specified purpose, restrict access, safeguard the data, comply with erasure and retention periods, and ensure that data subjects’ rights are upheld.

The client must not store the data of unsuccessful applicants for longer than is legally required, must not use it for unrelated purposes, and must only request special categories of personal data or criminal record data where necessary and on the basis of a valid legal basis. Further information on the processing of website and contact data by the company is set out in its privacy policy.

Compliance with the law, fair treatment and prohibited conduct

Each party must comply fully with the regulations applicable to its respective role in relation to the prevention of bribery and corruption, sanctions, money laundering, competition, equal treatment, employment, immigration, posting of workers, the minimum wage, social security, taxation, health and safety at work, and human rights.

In particular, the client is prohibited from imposing unlawful recruitment fees on workers, withholding passports or identity documents, threatening consequences relating to residence status, to use forced labour or child labour, to discriminate unlawfully, to demand false documents, or to instruct the company, an applicant, a worker or a partner company to conceal the actual form of the contract or the nature of the assignment.

The company is entitled to refuse or suspend with immediate effect any services in connection with suspected illegality, exploitation, unsafe conditions, risks of sanctions, forged documents or misleading legal classifications, and to make the reports required by law.

Use, content and availability of the website

The website contains general information about the network and the company’s services. The content is compiled with due care; however, it may become out of date and is not a substitute for an individual agreement, official information or expert advice. Details regarding activities, countries, timeframes, costs and legal requirements are provided for illustrative purposes only, unless they have been confirmed in writing for a specific individual case.

Users are prohibited from any misuse of the website. In particular, the following are prohibited: the transmission of false or unlawful information; interference with security or operations; the uploading of harmful content; the automated extraction or reproduction of databases; identity fraud; and infringements of intellectual property rights or personal rights.

The Company may maintain, amend, suspend or discontinue the website’s functions. Uninterrupted, error-free or permanently secure availability is not guaranteed. Any obligations expressly assumed in an individual agreement remain unaffected by this.

External links are provided solely as a service. Third-party providers are solely responsible for the content and services of the sites to which they link. The mere inclusion of a link does not imply any liability on the part of the company for third-party content; however, the company will take appropriate action upon receiving specific notification of an unlawful or harmful link.

Intellectual property

Website texts, brand identity, graphics, layouts, checklists and other content created by the Company are protected under the applicable intellectual property laws. Business users may view this content and make reasonable internal copies for the purpose of reviewing or utilising the Company’s services. Publication, commercial reuse, modification, systematic extraction or redistribution require prior written consent, unless expressly permitted by law.

The Client retains all rights to the materials provided by it and grants the Company a non-exclusive right of use to the extent that this is necessary for the provision of the requested services, for the fulfilment of statutory obligations, or for the defence against or enforcement of legal claims. The client warrants that it is authorised to provide the materials and to transfer the rights thereto.

Liability

The Company shall be liable for the proper fulfilment of its own obligations under the individual agreement, as well as in all cases where liability may not be excluded or limited by law. In particular, liability remains unrestricted in cases of wilful misconduct and gross negligence, for damage culpably caused resulting from injury to life, limb or health, in the event of fraudulent concealment of a defect, on the basis of an expressly assumed guarantee, and in accordance with mandatory statutory liability provisions.

In the event of a breach of a material contractual obligation due to slight negligence, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the client may reasonably rely, liability shall be limited to the damage typically foreseeable at the time the contract was concluded. In all other respects, liability for slight negligence is excluded to the extent permitted by law.

Subject to the provisions set out above, the Company shall not be liable solely on the grounds that an applicant, an employee, a partner company, a public authority or any other third party has provided incorrect, incomplete, out-of-date, falsified or misleading information, or has failed to perform its obligations. This exclusion of liability shall not apply where the Company was aware of a material circumstance, or should have recognised such a circumstance within the scope of an expressly agreed audit whilst exercising due care, and failed to act in breach of its duty.

In particular, the Company shall not be liable for the client’s final selection decision, any failure to carry out mandatory checks, unsafe or unlawful instructions, conditions at the place of work, the misuse of candidate data, unauthorised direct engagements, or breaches of duty by the client or its contractors. Contributory negligence on the part of the client and the client’s statutory duty to mitigate losses shall be taken into account in reducing the amount of any claim.

The above limitations of liability shall apply mutatis mutandis in favour of the company’s directors, employees, representatives and vicarious agents. Mandatory obligations and grounds for liability arising from the law governing the supply of temporary workers, the posting of workers, immigration, the minimum wage, health and safety at work or other public law remain unaffected.

Exemption in the case of risks controlled by the client

To the extent permitted by law, the client shall indemnify the company against any reasonable claims by third parties, costs incurred by regulatory authorities, penalties and necessary legal or consultancy costs arising from unlawful instructions from the Client, an unsafe place of work, the misuse or unauthorised disclosure of personal data, the failure to carry out mandatory checks, a concealed or incorrectly classified contractual relationship, the non-payment of wages or other sums legally owed by the Client, or any other material breach of these General Terms and Conditions or of any individual agreement.

The exemption shall not apply where the claim arises from a breach of duty, negligence or wilful misconduct on the part of the Company, or from any other circumstance for which the Company is strictly liable. The Company must inform the Client without delay of any claims asserted against it and, subject to statutory and contractual confidentiality obligations, must enable the Client to cooperate appropriately in the legal defence.

Force majeure and delays caused by third parties

Neither party shall be liable for any delays or failures to perform arising from any event beyond its reasonable control. These include, in particular, delays caused by public authorities, changes in the law, border or travel restrictions, epidemics, war, civil unrest, strikes not limited to the party’s own workforce, failures of infrastructure or communications, natural disasters, and the unexpected unavailability of a candidate or partner organisation. This is subject to the condition that the affected party is informed without delay and takes all reasonable measures to minimise the impact.

Any deadlines affected by such an event shall be extended by a reasonable period. If the event substantially prevents the performance of the service for more than thirty days, either party may terminate the relevant part of the service that has not yet been performed in writing. Remuneration already earned and approved, non-reimbursable costs shall remain payable.

Suspension and termination of contract

The term of the contract and the rights of ordinary termination are set out in the individual agreement. Either party may terminate the contract on the grounds of a material breach of duty if, despite a written request, the breach is not remedied within a reasonable period. It is not necessary to set a time limit if the breach cannot be remedied or if immediate termination is justified on serious grounds.

The Company is entitled to suspend the contract immediately or to terminate it without notice if, based on a reasonable assessment, it has grounds to believe that the continued provision of services would be unlawful, unsafe or exploitative, that a necessary licence or authorisation is lacking, that documents appear to have been forged, there are risks of sanctions or bribery, the client seriously misuses personal data, or a material payment remains overdue despite a reminder.

The termination of the contract shall not affect any payment claims that have already arisen, confidentiality and data protection obligations, agency fees triggered under the individual agreement, liability provisions, or any provisions that, by their nature and purpose, remain in force.

Amendments to these Terms and Conditions

The Company is entitled to amend the version of these Terms and Conditions published on the website with effect for future enquiries and contracts, insofar as this is necessary due to legal, regulatory, technical or service-related changes. The amended version shall apply from the specified date of validity. Existing individual agreements shall only be amended as a result of this if the parties so agree or if mandatory law requires such an amendment.

Notices and electronic communications

Operational communications may be sent to the email address or contact person most recently designated by the other party. Notices of termination, notifications of material breaches of duty, claims for liability and other legally relevant declarations shall, unless the individual agreement requires a more formal method, be sent by email with confirmation of receipt or by a method of delivery that provides proof of receipt.

The client must ensure that their contact and billing details are kept up to date at all times. Email communication is subject to the usual transmission risks; each party must maintain appropriate security measures and immediately report any suspected security breaches that affect the contractual relationship.

Governing law and jurisdiction

The law specified in the individual agreement and the place of jurisdiction validly agreed therein shall apply. In the absence of a valid choice of law or agreement on the place of jurisdiction, the applicable law and international or local jurisdiction shall be determined in accordance with the relevant statutory conflict-of-law and procedural provisions. Mandatory provisions at the place of work or assignment shall remain unaffected, irrespective of the contract law otherwise applicable.

Severability clause and waiver

Should any provision of these General Terms and Conditions be wholly or partially invalid, impracticable or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced exclusively by the relevant statutory provision, to the extent and in the manner provided for by applicable law. A reduction intended to preserve validity, whereby an otherwise invalid clause would be restricted to a permissible content, is excluded.

The delayed or failure to exercise a right does not constitute a waiver. A waiver of a right is only effective in respect of the specific circumstances for which it was expressly declared.

Contact

Any queries regarding these Terms and Conditions or liability for a specific service should be addressed to info@zeitarbeit-international.de before commissioning or engaging a candidate, a worker or a partner company.