General Terms and Conditions (GTC)
1. Scope: These GTC apply to the contracts and agreements for services mentioned under points b) and c) between the flegisto GmbH (hereinafter “we” or “us”) and its contractual or business partners. Any deviating or supplementary terms and conditions of the customer, as well as additional agreements, require explicit written confirmation by flegisto GmbH to be valid.
a) Contractual Partners/Business Partners: All legal entities in a direct contractual relationship with us in the context of the recruitment and placement of international nursing staff.
b) Integration Services for International Professionals: Our main focus is on providing services in the field of recruitment, relocation management, and integration of international professionals (“clients”). After a structured initial interview, we recommend suitable employers to clients, accompany them in job interviews, initiate all necessary steps for professional recognition and visa issuance, and organize the transfer to Germany.
c) Consulting Services: Our consulting services encompass all aspects of the recruitment process, including general consultation, planning, support, and implementation of individual projects such as expert opinions, recruitment, training, administrative procedures, and document management.
2. Conclusion of the Contract
a) Establishment of Agreements: Agreements are generally documented in writing after the initial business contact to specify the details of the service agreement.
b) Placing an Order: Ordering can be done both verbally and in writing. A binding contract is only concluded after written order confirmation.
3. Principles for the Mediation of International Professionals: The following principles are an integral part of all agreements and require the written consent of all contractual parties.
a) Fairness and Ethical Mediation Practice: Our commitment includes fair and ethically sound recruitment and mediation practices, based on the WHO Code of Practice on International Recruitment of Health Personnel.
b) Adherence to International Standards: We adhere to UN human rights conventions, ILO core labor standards, and IRIS standards of the International Organization for Migration.
c) Compliance with German and International Standards: All international conventions accepted by the Federal Republic of Germany are adhered to by us.
d) Employer-Pays Principle: We are committed to the “Employer-Pays” principle and exclude retention and repayment clauses for nursing staff.
e) No Repayment Obligations upon Termination: If the client terminates, no repayment obligations are generated.
f) No Mediation Fees, Deposits, or Margins: We do not impose mediation fees, deposits, or margins on nursing staff.
g) Information Material and Mediation Conditions: Nursing staff receive information and mediation conditions in their native language before or simultaneously with the employment contract.
h) Compliance with Local Laws and Monthly Terminable Placement: Mediation must comply with both local and German laws and be terminable on a monthly basis.
i) Refund of Expenses: Costs incurred by the client in connection with the employer’s intention letter are reimbursed by the future employer.
j) Support and Solutions: We accompany both nursing staff and contractual partners throughout the recruitment and placement process, offer solutions to conflict situations, and remain available as an intermediary.
k) The client is responsible for presenting or developing a written operational integration management concept in accordance with DKF pilot standards and ensuring its precise implementation. The concept must include the structuring points prescribed by the DKF pilot standards (cf. GERMAN INSTITUTE FOR QUALITY ASSURANCE AND LABELING E.V.: Fair Recruitment and Placement of Nursing Staff from Abroad: Pages 6f).
4. Matching and Assignment: Matching is based on aligning job requirements and client profiles. Potential clients are gathered in a pool to achieve optimal results in the matching process.
a) Matching after Language Courses: Matching with an employer occurs after the start of language courses.
b) Consideration of Client Preferences: Client preferences regarding matching are solicited and taken into account in the recruitment.
c) New Matching in Case of Discrepancies: If no matching occurs in a recruitment round, a new matching is arranged.
d) Cost Coverage during the Recruitment Round: We cover all costs incurred during the recruitment round.
5. Integration and Language Education: We manage and organize courses, schools, and administrative matters for clients abroad. Additionally, we offer B2 healthcare-specific language courses for our clients in Germany to support their recognition and professional qualifications.
6. Training and Recognition Procedure: The recognition process begins with recognition by the relevant authorities. In case of partial recognition, an adjustment measure is implemented according to official guidelines, or preparation for the professional examination is organized. We submit the client’s application to the authorities and facilitate placements with suitable training companies. The employer provides a contact person to streamline administrative steps.
7. Obligations of the Contractual Parties:
a) flegisto GmbH undertakes to carry out the order with care and diligence and to take all necessary steps to identify suitable clients.
b) The client undertakes to support flegisto GmbH in good faith in fulfilling its contractual obligations, including providing all necessary information, documents, or powers of attorney in a timely manner.
c) The client is required to maintain close and transparent communication with flegisto GmbH. The conformity of documents and measures is recorded in writing.
a) The contractual parties undertake to maintain confidentiality regarding all operational, business, and personal information obtained during the contractual activity. This confidentiality obligation remains in force after the termination of the contract.
b) flegisto GmbH undertakes to carefully store the documents provided for consulting purposes and protect them from third-party access.
9. Remuneration and Payment Terms
a) The remuneration corresponds to the agreed compensation in the contract for the service provided.
b) Services for clients are free of charge.
a) Notification of Milestone Services: The client is informed in writing about the progress when services are provided in various milestones.
b) Delays Due to External Influences: In case of delays due to external circumstances beyond one’s control, reasonable replacement deadlines for service provision are agreed upon.
c) Fulfillment of Contractual Obligations: If flegisto GmbH does not fulfill its contractual obligations as agreed, it is obligated to provide the services at no additional cost to the client within a reasonable timeframe.
a) Liability for Essential Contractual Obligations: Flegisto GmbH’s liability for breaches of essential contractual obligations is limited to willful intent or gross negligence.
b) Exclusions of Liability: Flegisto GmbH assumes no liability for the success of the mediation activity or for damages caused by clients. The exclusions of liability also apply to damages resulting from incorrect statements or non-disclosure by clients during job interviews. These limitations of liability do not apply to claims arising from data protection law.
12. Final Provisions and Jurisdiction
a) Changes and Supplements to These Terms and Conditions and the Contract Require Written Form.
b) Regular Review and Update: The principles and associated documents are reviewed and updated at regular intervals. The date of the last update is indicated in the footer of the respective documents.
c) Availability in Other Languages: The principles and associated documents are made available in the languages of circulation of the originating countries.
d) Applicable Law: German law applies.
e) Jurisdiction: The place of jurisdiction is Haßfurt.
f) Severability Clause: Should individual provisions of these conditions be wholly or partially ineffective, this shall not affect the validity of the remaining provisions.
As of September 01, 2023
Signed by Michael Weiß-Gehring, Management