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