§ 1 Regulations

 

 

The following conditions regulate the contractual relationship between  Care with Concept GmbH (hereinafter also referred to as "CWC GmbH"), Hauptstraße 50, 35614 Asslar and its customers on the Internet platform www.carewithconcept.de.

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customers are

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• foreign nursing professionals who wish to be placed in nursing homes in Germany (hereinafter also referred to as "candidates") and
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• care facilities operating in Germany that are looking for such foreign care professionals (hereinafter also referred to as "employers").
   

 

 

These general terms and conditions come into effect for all users of the website; differently defined terms and conditions of users are not valid, even if they do not contradict those of CWC GmbH in individual cases.

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§ 2 Registration / conclusion of contract / further contractual conditions
 

 

 

A recruiting process can be started by  applying or contacting us via the Internet platform, customers make a legally binding request to conclude a brokerage contract with CWC GmbH and accept the present general terms and conditions.

 

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

 

Furthermore, further contractual conditions for the mediation, such as the fee to be paid, can be submitted in this process and their approval can be requested. If the customer rejects this, CWC GmbH is entitled to terminate the contract immediately. Claims for damages or other financial compensation for the customer then do not exist.

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Compliance with the CWC GmbH guidelines is mandatory
 

 

 

§ 3 Services
 

Care with Concept GmbH places nursing professionals who, at the time they start work, have a degree in health care and nursing that can be recognized in Germany. The service package includes language training for nursing staff up to level B2 in accordance with CEFR (Common European Framework of Reference) / GeR (Common European Framework of Reference) as well as the entire recognition process up to obtaining the certificate of recognition.

 

Services for nursing staff:

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Support in the selection and implementation of the recognition measures for the professional qualification or the certificate of equivalence and all bureaucratic registrations in Germany

 

• Creation of a profile for the application, so-called matching with a business partner or employer

• Review and verification of the candidates (document check and getting to know each other personally via video call).

• Disclose potential job offers and compare them.

• Advice on choosing the right employer

• Arranging an initial interview with the customer and preparing the candidate for it

• Assistance in applying for a bank account and necessary insurance in Germany

• Assistance in providing language courses both on site and on arrival

• Checking for completeness of the documents and help with applying for a visa and work permit

• Support with other bureaucratic registrations in Germany, insofar as these are necessary for placement as a nursing specialist in Germany

• Gather and submit the documents for the application

• Professional qualification, recognition procedure and follow-up of the application in Germany

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• Support in the selection and implementation of the recognition measures for the professional qualification or the certificate of equivalence and all bureaucratic registrations in Germany

• Scheduling at the responsible authority for registration in Germany

• if necessary, collection from the airport to the employer
   

Assistance in providing accommodation in Germany in cooperation with the employer (to be agreed with the employer)

securing the exchange

if necessary, support with integration in Germany

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Services for companies

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

§ 4 Contract language

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The available languages for the conclusion of a contract and the

 

The placement conditions are basically German and the lingua franca spoken in the respective countries from which the international candidates come.

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§ 5 Fee

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The placement is free of charge for candidates. 

 

The mediation for care facilities, Hospitals  is subject to a fee. A written mediation or cooperation agreement regulates the details.

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§ 6 Duration of the contract, termination

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Unless otherwise agreed, the contract is concluded for an indefinite period and can be terminated by either party with a notice period of four weeks to the end of a calendar quarter.

The right to extraordinary termination for good cause remains unaffected. For the candidate, there is an important reason, in particular if a sudden, serious and prolonged illness occurs, pregnancy or a death in the family. The extraordinary termination must be given within 2 weeks after the reason for the termination becomes known.

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In progress at the time a termination becomes effective

According to the provisions of this contract, brokerage orders will also be processed by the contracting parties after the end of the term of this contract, unless the processing of one of the contracting parties is unreasonable for a reason in the sphere of the other contracting party.

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§ 7 Reimbursement of costs by the candidate or the nursing specialist

 

In the event that the nurse terminates her contract with CWC GmbH and/or the employment relationship with the nursing facility within the first 24 months after the conclusion of the contract, commencement of work or recognition as a nurse and for reasons for which the candidate or the nurse (professional) is responsible , Care with Concept GmbH agrees the following:

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Within the framework of the so-called "binding-repayment clause", the respective client only has to bear costs in the event of termination of the work of the nursing specialist with the employer to an extent that is justified according to the principles of German labor law.

 

§ 8 Liability

 

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

 

CWC GmbH is only liable for other damages, insofar as they are not based on the breach of cardinal obligations (such obligations, the fulfillment of which make the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely), if they are caused intentionally or grossly negligent breach of duty by CWC GmbH or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of CWC GmbH.

 

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

 

(3) Claims for damages based on injury to life, limb or health or freedom become statute-barred after 30 years; otherwise after 1 year, whereby the limitation period begins 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 thereof without gross negligence (§ 199 Para.1 BGB).

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

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Each user is solely responsible for the data collected during their own registration and is obliged to provide this truthfully and completely. CWC GmbH is not responsible for claims for incorrect, inappropriate or incomplete information. If the information provided changes, the user must update his details immediately or inform us of the changes without being asked.

Each user hereby grants CWC GmbH a revocable, free of charge, non-exclusive right to use, use, distribute, reproduce and display the content specified in the usage profile data, which was specified by the user via the website and in particular via the customer account.

 

The user declares that the content sent by him in the user account or otherwise to CWC GmbH does not infringe the rights of third parties or in any other way violate statutory regulations.

Each user accepts and understands that all data provided can be checked and/or temporarily or 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, offensive, inflammatory or similar) or violate the rights or safety of third parties in any way.

Each user undertakes to treat all data and traffic between him and CWC GmbH confidentially and to make them accessible to third parties only with the express prior consent of the sender. This applies to:

 

 

emails / messages

names

telephone and fax numbers

address data

Email address

URLs

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Each user expressly warrants:

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not to misuse the platform and our service, for example for commercial purposes other than recruiting for your own company not to disseminate any defamatory, offensive or unlawful material or information about Care with Concept GmbH to use non-user accounts on the platform without their express permission

no use and smuggling of viruses, mechanisms, scripts, software or other tools in connection with the platform, which limit or hinder the functionality or accessibility of these intercept messages, hack or tamper with the Software or Platform, circumvent or attempt to circumvent security features 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 personnel recruitment or renting it out, unless this has been expressly permitted by us beforehand.

Violation of the above behavioral obligations may result in termination of the contract by CWC GmbH as well as civil and criminal consequences for the user. CWC GmbH explicitly reserves the right to exclude the user from the platform if he violates the guidelines when registering or at a later point in time.

 

 

9a Other responsibilities and duties of employers

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Clients who are Employers undertake:

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to pay the remuneration of the candidates or future nursing professionals according to the collective bargaining law applicable to the client, alternatively according to the customary local remuneration for comparable domestic nursing staff, insofar as the law of the respective country of origin of the candidate requires additional or different employment contract regulations to be fulfilled ; in doing so, CWC GmbH will point out such requirements and support him in the assignment not to include any regulations on commitment and repayment clauses in the employment contracts brokered by CWC GmbH and their supplements with international nursing professionals that conflict with the legal framework for such clauses provided for in German labor law, to comply with the requirements defined by CWC GmbH with minimum requirements for human, migration and labor rights for placed foreign nursing professionals,

submit a written operational integration management concept for a job offer. According to the DKF pilot standards, this concept must include the following points:

Foreword / Introduction

Preparations after recruitment

Arrive and the first days

Assistance with relocation management

Establish integration management

Sponsorships and mentoring

organize the recognition process

customize training

accompany team building

expand competencies

catch conflicts

Enable social participation

Dealing with termination 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 GmbH.

 

 

§ 10 Miscellaneous

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Changes or additions to this contract, including its mutual cancellation or termination, must be made in writing. The written form requirement is also necessary for a 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 and special funds under public law is the registered office of CWC GmbH. For all other customers, this also applies to disputes arising from or in connection with this contract if the customer relocates his domicile or habitual abode to a country other than the Federal Republic of Germany after the conclusion of the contract or if the domicile or habitual abode of the customer is not known in the event of a lawsuit being filed is.

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§ 11 Cancellation policy

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Consumers have the following right of withdrawal:

 

right of withdrawal

 

 

 

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

 

The cancellation period is fourteen days from the day the contract was concluded.

 

In order to exercise your right of withdrawal, you must inform us

 

 

 

Address: CWC GmbH Care with Concept GmbH, Hauptstrasse 50, 35614 Asslar, Germany

 

Phone: +49 162 9153292

 

Email: info@carewithconcept.de

 

 

 

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

 

If you have requested that the services should begin during the cooling-off period, you must pay us a reasonable amount which is proportionate to the

 

the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract corresponds to the services already provided in comparison to the total scope of the services provided for in the contract.

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— Attachment model cancellation form —

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Sample cancellation form

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(If you want to revoke the contract, please fill out this form and send it back.)

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- On

 

Care with Concept Ltd

Main street 50

35614 Asslar

 

Email: info@carewithconcept.de

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 consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notification is on paper)

date


Last Actualised on 17.02.2023