1. scope of application

These General Terms and Conditions (GTC) apply to all contracts between Focus on People Recruiting GmbH (hereinafter referred to as "GmbH") and its customers who make use of services in the area of the placement and hiring of specialists. The GTC apply exclusively to business transactions with companies (B2B). Deviating or supplementary terms and conditions of the client are only recognized if the GmbH has expressly agreed to their validity in writing.

2. subject matter of the contract

2.1 The GmbH places and lends skilled workers to companies. The focus is on the recruitment of skilled workers from abroad, who are acquired according to the requirements of the clients.
2.2 The GmbH shall owe the provision of the contractually agreed specialists. The responsibility for the success of the work lies with the customer; the GmbH does not owe the success of a specific project.

3. conclusion of contract

3.1 All offers of the GmbH are subject to change and non-binding, unless expressly marked as binding.
3.2 A contract shall only come into effect upon written order confirmation by the GmbH. Amendments or additions to the contract must be made in writing.

4 Obligations of the GmbH

4.1 The GmbH undertakes to provide and/or lend the agreed specialists in accordance with the customer's specifications.
4.2 The GmbH shall ensure that the specialists placed or loaned have the necessary qualifications and legal requirements, including valid work permits and, if applicable, visas.
4.3 In the event of the unforeseen absence of a specialist, the GmbH shall endeavor to provide an adequate replacement at short notice.

5 Obligations of the customer

5.1 The customer undertakes to inform the GmbH comprehensively and in good time of all relevant requirements and conditions of use.
5.2 The customer shall be responsible for the proper instruction and training of the placed or loaned specialists at the place of assignment.
5.3 The customer must comply with the legal and safety regulations at the workplace and treat the specialists accordingly.

6. remuneration and terms of payment

6.1 The remuneration is based on the contractually agreed conditions and is exclusive of statutory VAT.
6.2 Invoices are payable without deduction within 14 days of invoicing, unless otherwise agreed.
6.3 In the event of late payment, the GmbH shall be entitled to charge interest on arrears at the statutory rate as well as reminder fees.
6.4 The customer is only entitled to offset if his counterclaims are undisputed or have been legally established.

7. liability

7.1 The GmbH shall only be liable for damages in the event of intent and gross negligence and in the event of a breach of material contractual obligations. In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the typically foreseeable damage.
7.2 The GmbH shall not be liable for the services of the specialists placed or loaned.
7.3 Any further liability is excluded, unless mandatory statutory provisions provide otherwise.

8 Liability of the customer

8.1 The customer shall be liable for all damages incurred by the GmbH due to the culpable breach of contractual obligations by the customer or by third parties commissioned by the customer.
8.2 The customer shall indemnify the GmbH against all claims of third parties arising from the improper use of the procured or loaned specialists or from breaches of statutory or contractual obligations.

9 Term and termination

9.1 The term of the contract depends on the individual agreements in the respective contract.
9.2 Both parties may terminate the contract for good cause without notice. Good cause shall be deemed to exist in particular if one of the parties is in serious breach of contractual obligations.
9.3 Any termination must be in writing.

10. data protection

10.1 The GmbH undertakes to treat personal data in accordance with the applicable data protection laws.
10.2 More detailed information on data protection is regulated in the data protection declaration of the GmbH, which is an integral part of these GTC.

11. final provisions

11.1 Amendments and supplements to these GTC must be made in writing.
11.2 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
11.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from or in connection with these GTC is Hamburg.

Focus on People Recruiting GmbH
Seyed Mehdi Tabibzadeh Dezfoli, Managing Director
Oldesloer Straße 148a, 22457 Hamburg