General terms and conditions
§ 1 Description of services/ Range of services
Best Nursing GmbH (hereinafter: recruiter) provides its services for the placement of nursing staff for a searching company (hereinafter: client) exclusively under these General Terms and Conditions. These General Terms and Conditions shall also apply to all future business relationships, even if they are not expressly agreed again. Deviating terms and conditions of the Client that are not expressly acknowledged by the Personnel Consultancy shall not be binding for the latter, even if it does not expressly object to them. The following terms and conditions shall also apply if the Personnel Consulting firm renders its services without reservation in the knowledge of conflicting or deviating terms and conditions of the other party to the contract.
Best Nursing GmbH reserves the right to unilaterally amend the General Terms and Conditions for the future. The amended General Terms and Conditions shall become part of the contract if the Personnel Consultancy notifies the client of the amendments to the General Terms and Conditions; notification by e-mail to the e-mail address last known to the Personnel Consultancy according to the client’s details shall be sufficient if this e-mail contains the new General Terms and Conditions with the amendments highlighted in print and the client does not object to the inclusion of the new General Terms and Conditions within 14 days of receipt of the notification of amendment, whereby the Personnel Consultancy shall point out the legal consequences of failure to object in the notification.
The range of services offered by Best Nursing GmbH includes both placement and consultation in the search for and selection of personnel. In the case of placement, the client shall name to the personnel consultancy all criteria important to it for filling a corresponding position. The personnel consultancy selects suitable applicants and creates an applicant profile on the basis of well-founded application documents. On the basis of the applicant profiles, the client selects the candidates who are suitable for the future vacancy. After carrying out an appropriate selection process, accompanied by Best Nursing GmbH, the client can select qualified applicants for the purpose of filling the corresponding positions.
§2 Contractual basis
In the event of initial business contact between the client and Best Nursing GmbH, the agreements reached shall be set down in writing in individual contracts. Verbal subsidiary agreements between the contracting parties shall only apply if they are confirmed in writing.
In the case of an existing business relationship, an agreement shall also be valid if an order is placed verbally by the client and confirmed by the staffing agency. The execution of the order is subject to these General Terms and Conditions.
The parties shall agree in each case in individual contracts on the details in relation to the areas of responsibility, the personal and specialist requirement profiles and other relevant criteria which are important in the placement and in the context of the consultation.
§3 Remuneration, expenses and due date
Best Nursing GmbH and the client agree on a remuneration for the personnel placement which is calculated according to the scope of the respective order. Should the client commission further personnel or other consulting services in addition to the personnel placement, a separate remuneration agreement shall be concluded for these services.
Payment of the remuneration shall be made plus payment of the applicable value-added tax.
The fee shall be paid in the respective individual contracts in accordance with the payment and service schedule agreed therein.
All necessary costs agreed in advance, in particular travel, communication and accommodation costs of the personnel consultancy as well as of the candidates shall be invoiced to the client at cost, unless otherwise agreed.
The claim to the fee and the additional costs in the sense of § 3, 3.5. of these General Terms and Conditions also arises if the client and the respective candidate withdraw from the contract before the start of work.
If the staffing assignment is terminated prematurely by the client, or if the position is filled by the client himself, the staffing agency shall charge the full amount of the installments due up to the receipt of the termination, as well as the expenses incurred.
The fee claim shall also arise in full in the event of the conclusion of a temporary or part-time employment relationship.
If the client initially rejects an applicant or if an applicant initially decides against the contractual agreement with the client, but a contract is nevertheless concluded between the client and the original applicant within 2 years of the application, the fee for Best Nursing GmbH shall become due upon the conclusion of that very contract.
All of the conditions made here with regard to remuneration shall also apply in the event that a contract is concluded between a candidate and a cooperation partner associated with the client. The terms and conditions agreed here are then to be read in such a way that the term „client“ is replaced by „cooperation partner“.
§4 Duty of notification
The client shall notify the personnel consultancy without delay when he has decided in favor of a candidate.
Furthermore, he shall notify the Personnel Consultancy in writing of the conclusion of an employment contract with an applicant offered by the Personnel Consultancy or with another applicant immediately after signing the contract, submitting a copy of the employment contract.
Subject to the provisions of § 5, 5.2 and § 5, 5.3, the Recruitment Agency cannot assume any liability for the accuracy of the documents and other information about the candidates.
The liability of the personnel consultancy and its vicarious agents, irrespective of the legal grounds, shall be limited to intent and gross negligence.
All limitations of liability set forth in these General Terms and Conditions shall not apply
1) culpable breach of material contractual obligations by the Personnel Consulting Agency or its vicarious agents, or
2) injury to life, body or health by the personnel consultancy or its vicarious agents.
If the client and the candidate withdraw from the contract within 6 weeks of the conclusion of the contract for reasons for which the client is not responsible, the personnel consulting firm shall search once for another candidate for the identical position without requesting remuneration again, however, charging the expenses incurred. In doing so, the personnel consultancy will apply search criteria which are in turn based on the original requirement profile; in particular, it will search for applicants who have the same professional qualifications and vocational training that the client originally specified. A refund of the placement fee is not possible.
The recruitment agency shall ensure proper procedures in the search and selection of applicants. It does not guarantee that a candidate selected and recommended by it in accordance with proper and professional procedures will meet all of the expectations placed in the candidate by the client or will be able to achieve certain results.
§7 Term and termination
The respective recruitment contract shall run for an indefinite period of time and may be terminated at any time by either contracting party by giving 4 weeks‘ notice to the end of the month. If an employment contract is concluded between the client and a candidate provided by the staffing agency after termination of the staffing agency assignment, the placement fee shall nevertheless be due in full.
If the recruitment assignment is terminated prematurely by the client, or if the position is filled by the client himself, the recruitment agency shall charge the full amount of the installments due up to the date of receipt of the termination, as well as the expenses incurred.
§8 Severability clause
Should any provision or part of a provision of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.