General Terms and Conditions

§ 1 Scope of application

The following terms and conditions govern the contractual relationship between CWC Care with Care GmbH (hereinafter also referred to as “CWC”), Prinzessinnenstraße 19/20, 10969 Berlin and its customers on the Internet platform www.cwc-recruitment.com.

Clients are

foreign care professionals who wish to be placed in care facilities in Germany (hereinafter also referred to as “candidates”) and
care facilities operating in Germany, which are looking for such foreign care professionals (hereinafter also referred to as “Employers”).

These General Terms and Conditions shall apply to all users of the website. Any other terms and conditions of the users shall not be valid even if they are not contradicted by CWC in the individual case.

§ 2 Registration / Customer account / Conclusion of contract / Further contractual conditions

In order to initiate a mediation, the user must first register and create a customer account. For this purpose, the user must register free of charge with a valid e-mail address belonging to the customer and a password chosen by the customer. As part of the registration process, CWC sends a confirmation e-mail and sets up a customer account.

Subsequently, the customer has the possibility to store, manage and update his customer data in the customer account. The customer is obliged to keep his customer data up to date at all times.

Each customer is only allowed one registration. Double registrations are not allowed.

By applying or contacting CWC via the internet platform, clients submit a legally binding request for the conclusion of a brokerage contract with CWC and accept these general terms and conditions.

Subsequently, users will be contacted by CWC, checked and informed about the next steps. A contract is only concluded if CWC issues an explicit declaration of acceptance as part of this process. CWC reserves the right to refuse to conclude a contract at any time without giving further reasons.

Furthermore, in this process, further contractual conditions for the mediation, such as those concerning the fee to be paid, may be presented and their approval requested. If the client refuses this, CWC is entitled to terminate the contract immediately. Claims for damages or other financial compensation for the client do not exist then.

§ 3 Scope of services

1. Services for nursing professionals (selection):

Creation of a profile for application, so-called matching with a business partner or employer.
Checking and verification of candidates (document check and personal meeting via video call)
Disclosure of potential job offers and comparison of them
Advice on the selection of a suitable employer
Arranging an initial interview with the client and preparing the candidate for it
Support in applying for a bank account and necessary insurances in Germany
Assistance in providing language courses both on-site and upon arrival and language software/apps
Checking for completeness in documentation and assistance with visa and work permit applications
Assistance with other bureaucratic registrations in Germany, as necessary for placement as a caregiver in Germany
Collecting and submitting the documents for the application of the
professional qualification, as well as follow-up of the application in Germany
Support in the selection and implementation of the recognition measures of the professional qualification or the certificate of equivalence and all bureaucratic registrations in Germany
Research and booking of the trip to Germany when an employment contract comes into effect
Appointment with the respective competent authority for registration in Germany
if necessary, pick-up from the airport to the employer
Support in the provision of accommodation in Germany in cooperation with the employer
Securing the placement
if necessary, support with integration in Germany

CWC reserves the right to reclaim the rematch costs, depending on the country of origin, in the event of a termination of the employment of the care specialist in due form and time within the first six months after the start of employment. According to § 623 BGB (German Civil Code) a termination in due time must be in written form to be effective. Electronic form is excluded. During an agreed probationary period, for a maximum of six months, the employment relationship may be terminated with two weeks’ notice. A repayment obligation may only be established in the event of termination of the contract attributable to the employee.

2. Services for companies

The services for companies are defined and concluded in the standard contracts.

§ 4 Contract language

The languages available for the conclusion of a contract and the terms and conditions of placement are German and the lingua franca spoken in the respective countries from which the international candidates come.

§ 5 Fee

The placement is free of charge for candidates. Not included in the free of charge for candidates are training costs, such as language courses in particular, as well as any other costs, which are, however, communicated in advance and agreed to by the candidate.

Placement for nursing facilities is subject to a fee. Further details are regulated in a written placement or cooperation agreement.

§6 Term of the contract, termination

Unless otherwise agreed, the contract shall be concluded for an indefinite period and may be terminated by either party with four weeks’ notice to the end of a calendar quarter.
The right to extraordinary termination for good cause remains unaffected. For the candidate, an important reason is in particular the occurrence of a sudden serious and prolonged illness, pregnancy or a death in the family. The extraordinary notice of termination must be given within 2 weeks after the reason for termination has become known.
The following shall apply in the event of a termination taking effect

Brokerage orders shall be handled by the contracting parties in accordance with the provisions of this contract even after the end of the term of this contract, unless the handling of one of the contracting parties is unreasonable for a reason lying in the sphere of the respective other contracting party.

§ 7 Reimbursement of costs by the candidate or caregiver

In the event that the nurse terminates his/her contract with CWC and/or the employment relationship with the nursing facility

within the first 24 months after conclusion of the contract, commencement of work or recognition as a nursing specialist (the latest event is exclusively decisive) and
for reasons for which the candidate or the care (specialist) worker is responsible,

terminates the contract, CWC shall agree with its respective client that so-called “binding clauses” in the event of the termination of the nursing specialist’s employment with the employer for the reimbursement of costs for the migration of the nursing specialist to Germany and of costs for his/her training and further education in Germany shall only be agreed to an extent that is permissible according to the principles of German labor law.

§ 8 Liability

(1) CWC shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by CWC or an intentional or negligent breach of duty by a legal representative or vicarious agent of CWC.

CWC shall only be liable for other damages, unless they are based on a breach of cardinal obligations (such obligations the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the contracting party may regularly rely on), if they are based on an intentional or grossly negligent breach of duty by CWC or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of CWC.

(2) Except in the cases mentioned in paragraph 1, claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 5% of the order value.

(3) Claims for damages based on injury to life, limb, health or freedom shall become statute-barred after 30 years; otherwise after 1 year, whereby the statute of limitations shall commence at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).

§ 9 Responsibilities and duties of the customers, granting of the right of use

Each user is solely responsible for the data collected during his/her own registration and is obliged to provide this data truthfully and completely. CWC shall not be liable for claims in case of false, inappropriate or incomplete information provided. In the event of changes to the information provided, the user must update his details immediately or notify us of the changes without delay and without being asked to do so.
Each user hereby grants CWC a revocable, royalty-free, non-exclusive right to use, exploit, distribute, reproduce and display the user profile data specified by the user via the website and in particular via the customer account.
The user declares that the content submitted by him/her in the user account or otherwise to CWC does not infringe any third party rights or otherwise violate any legal provisions.
Each user accepts and understands that all data provided may be reviewed and/or temporarily as well as permanently deleted, especially if they violate the General Terms and Conditions and/or legal regulations or are not appropriate for other reasons (because, for example, they are offensive, inflammatory or similar) or in any way violate the rights or safety of third parties.
Each user agrees to keep all data and traffic between him/her and CWC confidential and to make it available to third parties only with the express prior consent of the sender. This applies to:
- E-mails / messages
- Names
- Telephone and fax numbers
- Address data
- E-mail addresses
- URLs
Each user expressly assures
- not to misuse the platform and our service, for example for commercial purposes other than recruiting for their own company.
- not to disseminate defamatory, offensive or illegal material or information about CWC
- to use non-user accounts on the platform without their express permission
- not to use or smuggle viruses, mechanisms, scripts, software or other tools in connection with the platform that limit or hinder its functionality or accessibility
- intercept any messages, hack or tamper with the Software or the Platform, or bypass or attempt to bypass any security functions
- comply with applicable laws and regulations when using the Platform and our Services
The user is prohibited from sharing his account with third parties, using it for commercial purposes other than his own recruitment or renting it out, unless this has been expressly permitted by us in advance.
Violation of the above obligations may result in termination of the contract by CWC as well as civil and criminal penalties for the user. CWC explicitly reserves the right to exclude the user from the platform if the user violates the guidelines during registration or at a later time.

§9a further responsibilities and duties of employers

Clients who are employers undertake:

to remunerate the candidates or future care professionals in accordance with the collective bargaining law applicable to the client, alternatively in accordance with the remuneration customary in the locality for comparable domestic care professionals,
insofar as additional or deviating employment contract regulations are required under the law of the candidate’s respective country of origin, to comply with such regulations; in doing so, CWC shall draw the candidate’s attention to such requirements and support him/her in the event of commissioning,
not to include in the employment contracts and amendments thereto with international care professionals arranged by CWC, under any circumstances, provisions on commitment and repayment clauses that conflict with the legal framework for such clauses provided for in German labor law,
to comply with the specifications defined by CWC with minimum requirements on human, migration and labor rights for placed foreign care professionals,
submit a written company integration management concept for a job offer. In accordance with the DKF pilot standards, this concept must include the following bullet points:
- Preface / Introduction
- Preparations after recruitment
- Arrival and the first days
- Relocation management support
- Establish integration management
- Sponsorships and mentoring
- Organize recognition process
- Adapt induction
- Accompany team building
- Expanding competencies
- Resolving conflicts
- Enabling social participation
- Dealing with dismissal and poaching

and to present the respective concept to the candidates for the job offer and to include it as an appendix to every employment contract with foreign nursing professionals placed by CWC.

§ 10 Miscellaneous

Amendments or supplements to this contract, including its mutually agreed cancellation or termination, must be made in writing. The written form requirement shall also apply to any deviation from the written form requirement. Verbal collateral agreements do not exist.
The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law shall be the registered office of CWC. For all other customers, this shall also apply to disputes arising from or in connection with this contract if the customer relocates its domicile or habitual residence to a country other than the Federal Republic of Germany after conclusion of the contract or if the domicile or habitual residence of the customer is not known in the event of an action being brought.

§ 11 Cancellation policy

Consumers are entitled to the following right of revocation:

Right of revocation

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must send us

Address: CWC Care with Care GmbH, Prinzessinnenstraße 19/20, 10969 Berlin, Germany
Phone: +49 30 83794041
E-mail: info@cwc-recruitment.com

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

If you have requested that the services begin during the revocation period, you must pay us a reasonable amount corresponding to the proportion of the costs incurred by us up to the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

— Attachment Model Withdrawal Form —

Sample revocation form

(If you wish to revoke the contract, please complete and return this form).

– To

CWC Care with Care GmbH

Prinzessinnenstraße 19/20

10969 Berlin

E-mail: info@cwc-recruitment.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date

_____________

(*) Delete where not applicable.

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