The General Terms and Conditions (GTC) govern the legal relationship between NewLifeJobs GmbH and the users (including companies, applicants, recruiters, intermediaries, tipsters) of the platform. They apply to all actions and processes, from registration to the use of services and the conclusion of contracts via the platform.
NewLifeJobs GmbH provides a service on this platform that enables companies to identify workers, make contact with them and conduct negotiations with the aim of concluding long-term employment contracts. In particular, cases such as seasonal work, internships, temporary jobs, etc. are excluded from the use of the platform. In the event of misuse, this automatically leads to a contractual penalty, termination of the cooperation without notice and exclusion from the platform.
All users of the platform undertake to treat each other respectfully and truthfully and to observe both the generally accepted rules of good manners and the principles of an honorable businessman.
We distinguish between three categories of users on this platform:
The following specific requirements apply to each user category:
Companies undertake to accept the applicable terms of payment and expressly confirm that they have read and understood them. They commit themselves to the legal provisions of the Federal Republic of Germany and the principles of an honorable businessman. Furthermore, they confirm that they intend to employ staff on a permanent basis.
Applicants undertake to provide only truthful information about themselves and to comply with the laws of the Federal Republic of Germany applicable in this context. They guarantee that their residence in Germany is lawful and that they have no relevant criminal record in their country of origin and that there is no arrest warrant or pending court case against them. Applicants must have full legal capacity under German law in order to use the platform.
These users undertake to use the platform in accordance with the legal framework and the ethical standards of the industry and to protect the interests of both the companies and the applicants.
These terms of use form the legal basis for the interaction of all users with the platform and the services offered through it. By registering and using the platform, users expressly agree to these terms and conditions.
NewLifeJobs GmbH reserves the right, at its own discretion, to refuse users admission to the platform or to exclude users from the platform. This serves to ensure the integrity and functionality of our services and compliance with our usage guidelines.
The General Terms and Conditions (GTC) of this digital recruitment platform apply to all users, including but not limited to companies seeking and hiring workers, job seekers seeking permanent employment, recruiters, intermediaries and tipsters etc. who use their networks to bring both companies and candidates to the platform.
These T&Cs govern the use of the platform and all services offered on it and apply throughout the territory of the Federal Republic of Germany. They are binding for all interactions between NewLifeJobs GmbH as the operator of the platform and the users.
Any use of the platform, including the registration and use of services, requires knowledge of and express agreement with these GTC. Users who do not agree to these terms and conditions are excluded from using the platform.
The conclusion of an employment contract via the platform results in a placement commission becoming due. The amount of this commission depends on the service package selected by the company in accordance with the price model applicable at the time of publication of the search profile. If, in exceptional cases, an employment contract is concluded via the app without a search profile having been posted, a placement commission of 25% of the applicant's total annual gross income will be due immediately.
By providing a match on the platform, our irrevocable claim to the placement commission arises. Any contact made and any access to the applicant's data confirms and consolidates this claim.
In the event of a fraudulent attempt to circumvent the commission payment, a contractual penalty of 35% of the applicant's calculated total annual gross income will be charged. The basis of assessment for this penalty is the annual gross income from an employment contract possibly concluded without the platform or, if this cannot be determined, an estimated average annual gross income in comparable cases, but at least EUR 5,000. In this case, the right to a free replacement immediately lapses in the event of unsuitability and we also reserve the right to terminate the contract without notice.
If you have terminated the cooperation with us, you agree that all employment contracts concluded for you as a result of our placement activities will be treated in accordance with the above conditions until 24 months have elapsed since your termination.
The company undertakes to disclose relevant data in the event of suspected fraud or attempted fraud and to provide NewLifeJobs GmbH with evidence of the employees hired during the relevant period. This clause serves to safeguard the integrity of the contractual terms and conditions and to secure commission claims.
Recruiters, intermediaries and tipsters are informed immediately of the conclusion of employment contracts. Their entitlement to remuneration is established when the employment contract is concluded. Remuneration is paid at the end of the probationary period of the recruited employee or after the period specified in the company pricing model for a free replacement if the applicant is found to be unsuitable. This arrangement ensures the quality of the placement and guarantees appropriate remuneration for the services of recruiters, intermediaries and tipsters etc.
The prices for the selected service package apply in the version valid at the time the contract is concluded and form the basis for all invoicing. All prices are subject to statutory value added tax.
The price of the service package is due immediately.
The securities declared in the price model are part of the service package.
The agency commission is due immediately upon conclusion of the employment contract.
An informal application must be made for a replacement free of charge if an applicant is unsuitable. The unsuitability of the applicant, now employee, must be explained or proven accordingly.
Some of the services provided by our external partners are subject to a fee. This will be expressly indicated before legally binding use of the services. By using the services between you and our external partners, a legal transaction is concluded between you and the external partner. NewLifeJobs GmbH is not a contractual partner in this case. Nevertheless, our external partners, as well as all users of the platform, have undertaken to observe the rules of good manners and the principles of an honorable businessman.
Use of the platform is free of charge for applicants. At no time do we or recruiters, intermediaries, tipsters etc. collect payments, fees or similar from you. payments, fees or similar from you.
Only the services of our external partners are sometimes subject to a charge. This will be expressly indicated before legally binding use of the services. By using the services between you and our external partners, a legal transaction is concluded between you and the external partner. NewLifeJobs GmbH is not a contractual partner in this case. Nevertheless, our external partners, as well as all users of the platform, have undertaken to observe the rules of good manners and the principles of an honorable businessman.
Depending on the conclusion of an employment contract, in particular taking into account the deadline for a replacement free of charge set out in the company pricing model if the applicant is found to be unsuitable, you will receive remuneration. This is documented in our agreement.
At the time of payment, you will provide us with an account to which we can transfer the agreed amount free of charge.
In addition, you assure and prove that you are authorized to carry out this activity in accordance with the laws of your country and that you comply with all tax law aspects with the diligence of an honorable businessman.
For contracts concluded between NewLifeJobs GmbH and German companies and relating to chargeable services, there is no right of withdrawal in accordance with § 312g para. 2 no. 9 BGB. This provision only applies to contracts concluded directly between NewLifeJobs GmbH and German companies.
For contracts that may be concluded via our external partners, the respective terms and conditions of the partners apply. In this case, the right of withdrawal according to the terms and conditions of our external partners must be observed.
As an applicant, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us ([insert your name, address, telephone number and e-mail address]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form below, but it is not obligatory:
Model withdrawal form:
(If you wish to withdraw from the contract, please complete and return this form).
To: NewLifeJobs GmbH, Unter den Linden 26, 10117 Berlin or by e-mail to: info@newlifejobs.de
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
(*) Delete as appropriate
If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 for this repayment.
If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform 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.
The data protection guidelines deposited at www.newlifejobs.com always apply to the use of our platform.
NewLifeJobs GmbH reserves the right to amend these General Terms and Conditions at any time. Users will be informed of changes to the GTC in good time. The amended GTC shall be deemed to have been accepted by the user unless the user objects in writing within a period of one week after notification of the amendments. The right of objection and the deadline shall be expressly referred to in the notification. In the event of an objection, NewLifeJobs GmbH reserves the right to cancel the user account and terminate the use of the platform.
These General Terms and Conditions apply to all users of the NewLifeJobs GmbH platform.
These General Terms and Conditions and all legal relationships between NewLifeJobs GmbH and the users shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
To the extent permitted by law, the place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions and the individual contracts between NewLifeJobs GmbH and the user shall be Berlin.
NewLifeJobs GmbH will only make these changes for valid reasons, in particular due to new technical developments, changes in case law or other equivalent reasons. If the change significantly disturbs the contractual balance between the parties, the change will not be made.
Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic intent and purpose of the invalid or unenforceable provision.
By using our services, you agree that NewLifeJobs GmbH may send you important news and information. These will mainly be sent to you by e-mail.
In the event of disputes between users and NewLifeJobs GmbH, an amicable solution should be sought in the first instance. To this end, the parties may contact the customer service department of NewLifeJobs GmbH in order to reach an out-of-court settlement.
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.
To the extent permitted by law, the place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions and the individual contracts between NewLifeJobs GmbH and the user is Berlin.
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