Terms and Conditions for Companies (B2B)

Last updated: 11 January 2021

These Terms and Conditions govern business use of www.zeitarbeit-international.de and services supplied or coordinated by Zeitarbeit International s.r.o. They are intended to make clear what Zeitarbeit International is responsible for and what remains the responsibility of the client, the employing or lending company, a subcontractor, a candidate or another third party.

Provider and contact details

Zeitarbeit International s.r.o. (the "Company" or "Zeitarbeit International")

Registered address: Černyševského 10, 851 01 Bratislava, Slovakia

German representative office: Neuneralmweg 11, 82491 Grainau, Germany

Managing Director: Peter Gassenmaier

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

Scope, companies (B2B) and priority of documents

These Terms apply only where the client acts in the course of its trade, business, profession or public-sector function. They do not create consumer rights or govern a consumer recruitment service.

The Terms apply to website enquiries, quotations, recruitment and candidate introductions, temporary staffing or employee-leasing coordination, subcontractor introductions, outsourcing support and related organisational or administrative services, unless a signed individual agreement states otherwise.

A signed individual agreement, accepted quotation, order confirmation, employee-leasing agreement, work contract or subcontract takes priority over these Terms for the same subject matter. Mandatory law always takes priority. The client's own terms apply only if the Company expressly accepts them in writing.

Candidate profiles, website descriptions and conversations are informational and do not by themselves create a contract or a binding promise that a particular person, team, price, start date, permit or project result will be available.

Contract formation and authority

A website or telephone enquiry is non-binding. A contract is formed when the Company expressly accepts an order in writing, the Client accepts a Company quotation in the manner stated in it, or the Company begins the requested service with the Client's knowledge and approval. Electronic signatures and clear acceptance by email may be used where permitted.

Only the Company's managing director or another person with confirmed authority may agree a material change, guarantee, fee waiver or extension of liability. A statement by a Candidate, Worker, Partner Company or unauthorised intermediary does not bind the Company.

Definitions

• Client means the business or public body requesting, receiving, interviewing, hiring, engaging, deploying or obtaining access to a Candidate, Worker, Partner Company or subcontractor through the Company.

• Candidate means a person proposed or introduced for possible employment, assignment or engagement.

• Worker means a person who is employed, supplied, posted, assigned or otherwise performs work after an engagement is concluded.

• Partner Company means an independent employer, licensed lender, recruitment partner, subcontractor or other supplier that may employ or supply Workers or perform a project.

• Individual Agreement means a quotation, order, statement of work, recruitment order, employee-leasing agreement, subcontract, work contract or other written agreement accepted by the parties.

• Documents means identity, residence, work-authorisation, social-security, posting, tax, company-registration, insurance, qualification, licence, training, reference, medical or other evidence relating to a Candidate, Worker or Partner Company.

Nature of the Company's role

The Company searches its own and partner networks for persons or companies that appear to match criteria provided by the Client. Depending on the Individual Agreement, the Company may introduce candidates, coordinate communications, collect and forward information, assist with forms, travel or accommodation, and support the preparation of contracts or permits.

The exact legal role must be identified in the Individual Agreement. Unless that agreement expressly names the Company as employer, lender, contractor or regulated adviser, the Company acts only as an intermediary and coordinator. A Candidate's employer, a licensed lender or a subcontractor may be a separate Partner Company with its own contract and statutory responsibilities.

The Company does not promise that every enquiry can be filled, that any Candidate or Partner Company will accept an engagement, that a stated start date will be achieved, or that an engagement will continue for a minimum period. Availability and timing may depend on third parties, authorities, permits, travel and changing legal requirements.

Responsibility snapshot

This summary must be read together with the detailed clauses below.

Client brief and cooperation duties

The Client must provide complete, accurate and timely information needed for the search and engagement. At minimum, this includes the role, tasks, work location, industry, required experience, licences or regulated-profession status, language level, working hours and shifts, duration, pay or project budget, collective or site rules, safety risks, physical demands, tools and protective equipment, travel or accommodation needs, and any lawful screening criteria.

The Client must promptly correct changed or inaccurate information and appoint a responsible contact who can make decisions and provide site information. The Company may rely on Client information unless an error is obvious.

The Client must not request or use discriminatory, unlawful or irrelevant selection criteria. It is responsible for the legality of interviews, tests, background checks, medical checks and automated decision-making that it conducts or requests.

Delays, extra costs or unsuitable proposals caused by incomplete, inaccurate or late Client information do not constitute a breach by the Company. Agreed additional work may be charged separately after notice to the Client.

Candidate information and document screening

Candidate profiles, CVs, references and Documents normally originate from Candidates, Partner Companies, public bodies or other third parties. Unless the Individual Agreement expressly states that a specific verification service is included, the Company may review such material only for apparent completeness, consistency and plausibility and may forward it in the form received.

A completeness or plausibility review is not authentication, official certification, recognition of a foreign qualification, legal advice, a regulator's approval or a guarantee. The Company does not warrant that a third-party document is genuine, current, unaltered, correctly translated, legally sufficient, applicable to the proposed work or supported by the experience claimed.

The Company is not required to contact every issuing authority, educational institution, former employer, insurer, social-security body or public register unless that check is expressly listed in the Individual Agreement. If the Company becomes aware of a material inconsistency, suspected falsification or expiry, it will inform the Client without undue delay and may suspend the introduction or deployment.

The Client acknowledges that document verification can require original documents, secure registers, government confirmation, certified translations, professional recognition procedures or specialist legal advice that the Company may not be authorised or able to perform.

Client's independent verification responsibilities

Before making an offer, signing an engagement, allowing site access, paying for work or permitting any deployment, and again whenever validity may have changed, the Client must independently verify all matters relevant to the lawful and safe engagement. This duty is not satisfied merely because the Company or a Partner Company supplied a copy or stated that a document appeared complete.

The Client's verification must be proportionate to the role and applicable law and should include, where relevant:

• identity and the match between the person, photograph, names, dates and original identity documents;

• the right to enter, reside, work, be posted, be supplied or provide services in the relevant country, including restrictions shown on any permit;

• A1, social-security, posting, customs, minimum-wage, tax, business-registration and insurance evidence;

• the existence, status and legal authority of an employing, lending or subcontracting Partner Company and any licence required for employee leasing;

• education, trade qualifications, licences, professional recognition, protected titles, safety training, equipment certificates and other job-specific approvals;

• references, employment history, language ability, practical skills, reliability and suitability for the Client's actual work, equipment and conditions;

• medical fitness, criminal-record information or security clearance only where lawful, necessary and processed with an appropriate legal basis; and

• the continued validity of time-limited documents throughout the engagement.

The Client must use original documents, official registers, competent authorities, issuing bodies, qualified advisers, interviews and practical tests where appropriate. The Client must not deploy a person where a necessary check is incomplete, a document is expired or inconsistent, or legal eligibility is uncertain.

The Client is responsible for retaining required evidence and copies for the legally required period and for protecting Candidate and Worker data. The Client must notify the Company immediately of suspected fraud, an authority query, an incident, a failed check or loss of eligibility.

Final selection, skills and performance

The Company identifies potential matches; the Client makes the final hiring, engagement and deployment decision. The Client is in the best position to assess the actual workplace, tools, risks, team, supervision and performance standard and must therefore conduct the interviews, lawful tests, reference checks and practical assessment it considers necessary.

Qualifications, experience and past performance do not guarantee future performance. Except for an express written replacement or credit arrangement, the Company does not guarantee productivity, conduct, attendance, retention, language fluency, fitness for a particular purpose or achievement of a Client project result.

The Client must promptly raise a material mismatch and provide objective details. The parties will cooperate in good faith on a reasonable response, but no replacement, refund or credit is due unless stated in the Individual Agreement or required by law.

Recruitment and direct employment

For a recruitment introduction, the employment or engagement agreement is concluded directly between the Client (or its disclosed affiliate) and the Candidate. The Client is responsible for the offer, contract terms, pay, payroll, tax, social security, immigration compliance, onboarding, supervision, working time, leave, equality, dismissal and all other employer duties.

The Company is not a party to the employment relationship unless the Individual Agreement expressly says otherwise. Any guidance about salary, availability, recognition, immigration or employment conditions is general information and must be checked by the Client with qualified advisers or authorities.

Temporary staffing and employee leasing

Where Workers are supplied under an employee-leasing or temporary staffing model, the licensed lender and the hirer must conclude the required specific agreement before work begins and must correctly identify the arrangement and the individual Worker. The lender remains responsible for the employer duties imposed on it; the hirer remains responsible for the duties imposed on it at the work site. Neither party may rely on these Terms to avoid a mandatory duty.

Unless the Company is expressly named as the licensed lender in the Individual Agreement, the Company only introduces or coordinates with the Partner Company that employs and supplies the Worker. The Client must verify the identity of that legal entity, the applicable employee-leasing permission, the scope and validity of the permission, and the contract documentation before deployment.

The Client must comply with applicable maximum assignment periods, equal-treatment or equal-pay requirements, working-time records, works-council rights, sector restrictions, site access requirements and occupational health and safety duties. It must provide the lender and the Company with the accurate information needed for compliance.

Subcontractors and contracts for work or services

For subcontractor introductions, the subcontractor or main contractor remains an independent business and is responsible for its employees, organisation and contractual work unless a specific contract allocates a duty differently. The Client must verify company registration, authority, insurance, tax and social-security status, posting documentation, minimum-wage compliance, permits, qualifications and the legal structure of the proposed arrangement.

The parties must operate the engagement in a manner consistent with its true legal classification. The Client must not exercise personnel control over subcontractor staff in a manner that converts a genuine work or service contract into undeclared employee leasing or employment. Instructions necessary to define the contracted result, coordinate the site or protect safety remain permitted to the extent allowed by law and the specific contract.

The Client acknowledges that statutory liability can apply to a principal or main contractor for minimum remuneration or other obligations of contractors and subcontractors. A private allocation of responsibility does not eliminate a claim that mandatory law gives to a Worker, authority or third party.

Work-site management, health and safety

The Client controls its premises and work processes and is responsible for a lawful and safe site. Before work starts, it must carry out required risk assessments; provide clear instructions and induction in a language the Worker can understand; supply safe equipment and required personal protective equipment; identify competent supervisors; coordinate emergency, incident and first-aid procedures; and comply with working-time, access and environmental rules.

The Client must treat supplied or posted Workers in accordance with applicable equal-treatment, anti-discrimination and occupational safety rules. It must record time and performance accurately, report incidents and concerns promptly to the employer or Partner Company, and must not require any unlawful or unsafe task.

The Company may suspend an introduction, assignment or coordination service if it reasonably believes that the engagement, documentation, work conditions or instructions are unlawful or unsafe. Suspension for this reason does not waive fees already earned or reasonable costs already incurred.

No legal, tax, immigration or recognition advice

Website articles, checklists, templates, translations, administrative support and communications are general information and coordination, not legal, tax, immigration, social-security, occupational-safety or professional-recognition advice. Rules vary by country, sector, role and service model and can change.

The Client, employer, lender and subcontractor must obtain their own advice from competent professionals and confirmations from the relevant authorities. Only an authority or other legally competent body can issue a permit, recognise a qualification, confirm a regulated-profession licence or conclusively determine compliance.

Fees, expenses, taxes and payment

Fees, fee-triggering events, rates, minimum charges, expenses and any replacement or credit terms are stated in the Individual Agreement. Unless the Individual Agreement says otherwise, fees are exclusive of VAT and other applicable taxes.

Where a fee is based on an introduction followed by employment, engagement, assignment or contracting, the fee is earned if the Client or a company affiliated with or introduced by the Client directly or indirectly employs, engages or obtains the services of the introduced Candidate or Partner Company within twelve months after the most recent introduction or substantive contact arranged by the Company.

Invoices are payable within the period shown on the invoice or, if none is shown, within fourteen calendar days after receipt. The Client must raise a specific invoice dispute without undue delay and pay the undisputed amount on time. Statutory late-payment interest and reasonable recovery costs apply where permitted.

The Client may set off or withhold payment only for claims that are undisputed, finally adjudicated or arise from the same contractual relationship, unless mandatory law provides otherwise. Pre-approved travel, translation, certification, authority, accommodation or third-party costs may be invoiced in addition to service fees.

Introductions, non-circumvention and candidate information

Candidate and Partner Company information is confidential and provided only for evaluation of the stated requirement. The Client must not forward profiles or Documents outside the decision-making group or to an affiliate, customer, supplier or other recruiter without the Company's prior written consent and a lawful data-protection basis.

The Client must not structure an engagement through another person or entity to avoid an agreed introduction fee. If an authorised recipient or related company engages an introduced Candidate or Partner Company, the Client must promptly inform the Company and remains responsible for the agreed fee to the extent stated in the Individual Agreement.

This clause does not restrict a Candidate's freedom to choose employment or create a fee payable by the Candidate. It governs only the commercial relationship between the Company and its business Client.

Confidentiality

Each party must keep confidential non-public commercial, technical, pricing, Candidate, Worker and Partner Company information received in connection with an enquiry or service. It may use and disclose that information only to personnel, professional advisers, authorities and contractual partners who need it for the engagement and are bound by appropriate confidentiality duties.

Confidentiality does not apply to information that is public without breach, was lawfully known before disclosure, is independently developed, or must be disclosed by law or authority. Where lawful, the receiving party should give advance notice of compulsory disclosure.

Use of partners and assignment

The Company may use suitably selected Partner Companies and service providers to perform or support the agreed service. Use of a partner does not remove the Company's responsibility for its own contractual duties, but the partner remains responsible for the separate duties imposed on it by its contract and applicable law.

The Client may not assign an Individual Agreement or transfer an introduction to another entity without the Company's prior written consent, except as part of a genuine merger or transfer of substantially all relevant business where the successor accepts the Client's obligations. The Client remains responsible for any agreed introduction fee triggered by an affiliate or authorised recipient.

Data protection

Each party acts as an independent controller for personal data it determines to process, unless a separate written data-processing or joint-controller agreement applies. Each party must comply with applicable data-protection law, use Candidate and Worker data only for a lawful and stated purpose, restrict access, secure the data, respect retention limits and support data-subject rights.

The Client must not retain unsuccessful Candidate data longer than lawfully necessary, use it for unrelated purposes, or request special-category or criminal-record data without necessity and a valid legal basis. The Company's Privacy Policy provides further information about its website and contact processing.

Compliance, fair treatment and prohibited conduct

Each party must comply with applicable anti-bribery, anti-corruption, sanctions, anti-money-laundering, competition, equality, employment, immigration, posting, minimum-wage, social-security, tax, occupational-safety and human-rights requirements relevant to its role.

The Client must not charge unlawful recruitment costs to Workers, retain passports or identity documents, threaten immigration status, use forced or child labour, discriminate unlawfully, request false documents or instruct the Company, a Candidate, a Worker or a Partner Company to conceal the true nature of an engagement.

The Company may refuse or terminate work connected with suspected illegality, exploitation, unsafe conditions, sanctions exposure, falsified documents or misleading classification and may make reports required by law.

Website use, content and availability

The website provides general information about the Company's network and services. Content is prepared with reasonable care but may become outdated and is not a substitute for an Individual Agreement, official guidance or professional advice. Examples of roles, countries, time frames, costs and legal requirements are illustrative unless confirmed in writing for a specific case.

Users must not misuse the website, submit false or unlawful information, interfere with security or operation, upload malicious material, scrape or reproduce databases, impersonate another person, or infringe intellectual-property or privacy rights.

The Company may maintain, change, suspend or withdraw website features. It does not guarantee uninterrupted, error-free or continuously secure access, but this does not affect obligations expressly accepted in an Individual Agreement.

External links are provided for convenience. Third parties control their own content and services. The Company is not responsible for third-party content merely because it links to it, but will respond appropriately when notified of a specific unlawful or harmful link.

Intellectual property

Website text, branding, graphics, layouts, checklists and other Company-created material are protected by applicable intellectual-property law. Business users may view and make reasonable internal copies for evaluating or using the Company's services. Any publication, commercial reuse, modification, systematic extraction or redistribution requires prior written permission unless law expressly permits it.

The Client retains ownership of material it provides and grants the Company a non-exclusive right to use it only as needed to perform the requested services, comply with law and protect legal claims. The Client warrants that it has the right to provide that material.

Liability

The Company remains responsible for its own duties under the Individual Agreement and for liability that cannot lawfully be excluded or limited. Nothing in these Terms excludes or limits liability for intent, gross negligence, death or personal injury caused by negligence, fraudulent concealment, an expressly given guarantee, or mandatory statutory liability.

For loss caused by ordinary negligence in breach of an essential contractual duty - a duty whose performance is necessary for the proper performance of the contract and on which the Client may ordinarily rely - liability is limited to the loss that was typical and reasonably foreseeable when the contract was concluded. Subject to the preceding sentences, liability for ordinary negligence is excluded to the extent permitted by law.

Subject to the preceding rules, the Company is not liable merely because a Candidate, Worker, Partner Company, authority or other third party supplied inaccurate, incomplete, expired, forged or misleading information or failed to perform. This does not protect the Company where it knew, or within an expressly agreed verification scope should have known, of a material issue and failed to act with the required care.

The Company is not liable for a Client's final selection, failure to conduct required checks, unsafe or unlawful instructions, work-site conditions, misuse of Candidate data, unauthorised direct engagement, or breach by the Client or its contractors. Any contributory fault and statutory duty to mitigate loss will be taken into account.

The same limitations apply to the personal liability of the Company's directors, employees, representatives and agents. Mandatory duties and liabilities under employee-leasing, posting, immigration, minimum-wage, occupational-safety or other public law remain unaffected.

Client indemnity for Client-controlled risks

To the extent permitted by law, the Client will indemnify the Company against reasonable third-party claims, authority costs, penalties and professional expenses arising from the Client's unlawful instructions, unsafe site, misuse or onward disclosure of personal data, failure to perform mandatory checks, disguised or misclassified engagement, non-payment of wages or charges for which the Client is legally responsible, or other material breach of these Terms or an Individual Agreement.

The indemnity does not apply to the extent the claim was caused by the Company's own breach, negligence, intent or another matter for which the Company must remain liable. The Company must promptly notify the Client of a claim and allow reasonable participation in the defence, subject to legal and confidentiality duties.

Force majeure and third-party delay

Neither party is liable for delay or failure caused by an event beyond its reasonable control, such as authority delay, legal change, border or travel restriction, epidemic, war, civil disturbance, strike not limited to its own workforce, infrastructure or communications failure, natural disaster or the unexpected unavailability of a Candidate or Partner Company, provided the affected party gives prompt notice and takes reasonable steps to reduce the impact.

Deadlines affected by such an event are extended for a reasonable period. If the event materially prevents performance for more than thirty days, either party may terminate the affected unperformed service by written notice. Fees already earned and approved non-refundable costs remain payable.

Suspension and termination

The duration and ordinary termination rights are stated in the Individual Agreement. Either party may terminate for a material breach that is not remedied within a reasonable written cure period, unless the breach cannot be remedied or immediate termination is justified.

The Company may suspend or terminate immediately where it reasonably believes that continued performance would be unlawful, unsafe or exploitative; a required licence or permission is missing; Documents appear falsified; sanctions or bribery concerns arise; the Client seriously misuses personal data; or payment remains materially overdue after notice.

Termination does not affect accrued payment rights, confidentiality, data-protection duties, introduction fees triggered under the Individual Agreement, liability provisions or any clause intended to survive.

Changes to these Terms

The Company may update the website version of these Terms for future enquiries and contracts to reflect legal, regulatory, technical or service changes. The updated version applies from the stated effective date. A change does not alter an existing Individual Agreement unless the parties agree or applicable law requires the change.

Notices and electronic communication

Operational notices may be sent to the most recent email address or contact person provided by the other party. Formal termination, material breach, liability claim or legal notice should be sent by email with confirmation of receipt or by a delivery method that provides evidence of delivery, unless the Individual Agreement requires another method.

The Client must keep its contact and billing information current. Email communication may carry ordinary transmission risks; each party must maintain reasonable security and promptly report suspected compromise affecting the engagement.

Governing law and jurisdiction

The governing law and competent forum stated in the Individual Agreement apply. If the Individual Agreement contains no valid choice, governing law and jurisdiction are determined under the applicable statutory conflict-of-law and procedural rules. Mandatory rules at the place of work or deployment remain unaffected, irrespective of the law otherwise governing the contract.

Severability and no waiver

If a provision is invalid, ineffective or unenforceable, the remaining provisions continue to apply. The invalid provision is replaced only to the extent and in the manner provided by applicable law; this clause does not permit an unlawful reduction that would preserve an otherwise invalid term.

A delay or failure to enforce a right is not a waiver. A waiver is effective only for the specific matter for which it is given.

Contact

Questions about these Terms or a specific service responsibility should be sent to info@zeitarbeit-international.de before a Candidate, Worker or Partner Company is engaged or deployed.