Terms & Conditions

Terms & Conditions

For the recruitment and personel search of CuraPersonal,department of CuraPersonal GmbH &

Co. KG, Mammolshainer Weg 14, D-61462 Königstein im Taunus


1. SCOPE

o 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”).

o 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.

o The current version of the General Terms and Conditions of CuraPersonal is

available at https://curapersonal.eu

2. PERSONNEL SEARCH

o The personnel search services of CuraPersonal represent services in the

sense of 611 ff. BGB.

o 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.

o 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.

o 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.

o 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.

o 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

o 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.

o 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

o 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

o 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.

o 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

o 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.

o If 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.

o 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

o 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”).

o 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.

o 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.

o 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.

o Upon request, CuraPersonal reports to the customer verbally or in writing on

the progress in the ongoing search for personnel and their results.

o 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).

7. REMUNERATION

o 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.

o 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.

o 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.

o 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.

8. REIMBURSEMENT OF EXPENSES

o 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.

o The replacement of all other expenses by CuraPersonal or its employees

requires the prior written consent of the customer.

9. CONFIDENTIALITY

o 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.

o This 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.

o 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.

o 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.

10. LIABILITY

o 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.

o 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.

o 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.

o 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.

o 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.

11. STORAGE AND RETURN OF DOCUMENTS AND OBJECTS

o 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.

o 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.

12. TRANSFER OF CONTRACT

o 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.

o 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.

13. LOYALTY CLAUSE

o 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

14. FINAL PROVISIONS

o The law of the Federal Republic of Germany applies to these terms and

conditions.

o If individual provisions of these terms and conditions are or become invalid,

this does not affect the validity of the remaining provisions.

o Place of jurisdiction for all disputes with Cura personnel is Königstein im

Taunus.

For the recruitment and personel search of CuraPersonal,department of CuraPersonal GmbH &

Co. KG, Mammolshainer Weg 14, D-61462 Königstein im Taunus


1. SCOPE

o 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”).

o 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.

o The current version of the General Terms and Conditions of CuraPersonal is

available at https://curapersonal.eu

2. PERSONNEL SEARCH

o The personnel search services of CuraPersonal represent services in the

sense of 611 ff. BGB.

o 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.

o 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.

o 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.

o 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.

o 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

o 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.

o 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

o 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

o 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.

o 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

o 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.

o If 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.

o 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

o 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”).

o 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.

o 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.

o 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.

o Upon request, CuraPersonal reports to the customer verbally or in writing on

the progress in the ongoing search for personnel and their results.

o 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).

7. REMUNERATION

o 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.

o 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.

o 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.

o 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.

8. REIMBURSEMENT OF EXPENSES

o 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.

o The replacement of all other expenses by CuraPersonal or its employees

requires the prior written consent of the customer.

9. CONFIDENTIALITY

o 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.

o This 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.

o 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.

o 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.

10. LIABILITY

o 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.

o 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.

o 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.

o 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.

o 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.

11. STORAGE AND RETURN OF DOCUMENTS AND OBJECTS

o 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.

o 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.

12. TRANSFER OF CONTRACT

o 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.

o 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.

13. LOYALTY CLAUSE

o 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

14. FINAL PROVISIONS

o The law of the Federal Republic of Germany applies to these terms and

conditions.

o If individual provisions of these terms and conditions are or become invalid,

this does not affect the validity of the remaining provisions.

o Place of jurisdiction for all disputes with Cura personnel is Königstein im

Taunus.

For the recruitment and personel search of CuraPersonal,department of CuraPersonal GmbH &

Co. KG, Mammolshainer Weg 14, D-61462 Königstein im Taunus


1. SCOPE

o 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”).

o 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.

o The current version of the General Terms and Conditions of CuraPersonal is

available at https://curapersonal.eu

2. PERSONNEL SEARCH

o The personnel search services of CuraPersonal represent services in the

sense of 611 ff. BGB.

o 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.

o 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.

o 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.

o 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.

o 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

o 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.

o 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

o 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

o 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.

o 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

o 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.

o If 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.

o 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

o 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”).

o 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.

o 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.

o 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.

o Upon request, CuraPersonal reports to the customer verbally or in writing on

the progress in the ongoing search for personnel and their results.

o 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).

7. REMUNERATION

o 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.

o 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.

o 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.

o 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.

8. REIMBURSEMENT OF EXPENSES

o 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.

o The replacement of all other expenses by CuraPersonal or its employees

requires the prior written consent of the customer.

9. CONFIDENTIALITY

o 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.

o This 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.

o 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.

o 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.

10. LIABILITY

o 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.

o 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.

o 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.

o 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.

o 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.

11. STORAGE AND RETURN OF DOCUMENTS AND OBJECTS

o 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.

o 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.

12. TRANSFER OF CONTRACT

o 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.

o 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.

13. LOYALTY CLAUSE

o 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

14. FINAL PROVISIONS

o The law of the Federal Republic of Germany applies to these terms and

conditions.

o If individual provisions of these terms and conditions are or become invalid,

this does not affect the validity of the remaining provisions.

o Place of jurisdiction for all disputes with Cura personnel is Königstein im

Taunus.

About Us

Services

Apply Job

Cura Promise

Testimonials

Contact Us

About Us

Services

Apply Job

Cura Promise

Testimonials

Contact Us

Office

No. 2, 1st Floor, Rutland Gate 5th St, Thousand Lights West, Nungambakkam, 600006 Chennai

Call Us

+91 9381003182

+49 (0) 6174 259 816

Email Us

sales@curapersonal.eu

Office

No. 2, 1st Floor, Rutland Gate 5th St, Thousand Lights West, Nungambakkam, 600006 Chennai

Call Us

+91 9381003182

+49 (0) 6174 259 816

Email Us

sales@curapersonal.eu