Terms & Conditions

§ 1 Scope and Contracting Parties

These General Terms and Conditions (T&C) apply to all services provided by Care with Concept GmbH, Hauptstraße 50, 35614 Aßlar, Germany (hereinafter „CwC”), to its clients (hospitals, care facilities and other healthcare institutions) as well as to the nursing professionals supported by CwC (hereinafter „Candidates”).

Opposing or deviating conditions of the client will not be accepted unless CwC expressly agrees to their validity in writing.

§ 2 Description of Services

CwC places qualified nursing professionals from abroad (in particular from India) with German hospitals, care facilities and comparable healthcare institutions. CwC's services include in particular:

• –Recruitment and pre-selection of suitable nursing professionals
• –Language and professional preparation of candidates
• –Support throughout the recognition process in Germany
• –Assistance with visa and entry formalities
• –Support during the integration phase at the place of work

The exact scope of services is set out in the individual cooperation agreement between CwC and the client.

§ 3 Conclusion of Contract

A contract is concluded by the client's written order and CwC's written order confirmation. Verbal agreements require written confirmation by CwC to be legally binding.

§ 4 Obligations of the Client

The client undertakes:

• –To provide CwC with all information required for the placement completely and truthfully
• –To employ the placed nursing professionals in accordance with German labour laws and collective agreements
• –To create suitable conditions for integrating the nursing professional into daily working life
• –To notify CwC immediately if a placed nursing professional terminates the employment relationship prematurely or does not take up the position

§ 5 Remuneration

The remuneration for CwC's placement services is set out in the individual cooperation agreement. All prices are exclusive of statutory VAT unless otherwise agreed.

CwC is entitled to request reasonable advance payments. Invoices are payable within 14 days of the invoice date without deduction, unless otherwise agreed in the cooperation agreement.

§ 6 Confidentiality

Both parties undertake to treat all confidential information obtained in the course of the cooperation (in particular candidate profiles, remuneration terms, internal processes) in strict confidence and not to disclose it to third parties. This obligation continues beyond the termination of the contract.

§ 7 Limitation of Liability

CwC is liable without limitation for damages resulting from intent or gross negligence, as well as for damages arising from injury to life, body or health.

In the case of slight negligence, CwC is only liable in the event of a breach of a material contractual obligation (cardinal obligation) and only to the extent of the foreseeable, typical contractual damage. Any further liability is excluded.

CwC does not guarantee the success of a placement or the long-term integration of a nursing professional. The suitability of the placed person for the specific position is subject to the client's assessment.

§ 8 Data Protection

The processing of personal data by CwC is carried out in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). For further information, please refer to our Privacy Policy.

§ 9 Final Provisions

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent permitted by law, Wetzlar, Germany.

Should any provision of these T&C be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by an effective provision that comes closest to the commercial purpose of the invalid provision.

Amendments and additions to these T&C must be made in writing.