These General Terms and Conditions form the basis for the business relationship between heidi International GmbH, located at Laubestraße 32, 60594 Frankfurt am Main, Germany (hereinafter referred to as "heidi") and companies acting as customers of heidi (hereinafter referred to as "CUSTOMER"). Individual agreements as well as collateral agreements and supplements shall take precedence over the terms and conditions, provided they have been recorded in writing.
heidi is a recruitment agency that provides access to international talents and specialists (hereinafter referred to as "APPLICANT") by means of the digital infrastructure offered (hereinafter referred to as "PLATFORM"). If agreed in the signed recruitment contract (hereinafter referred to as "CONTRACT") or other written agreements between heidi and the CLIENT, heidi shall continue to support the CLIENT in the processes necessary for the successful cooperation between the APPLICANT and the CLIENT (hereinafter referred to as "PARTIES"), such as visa support, in questions of professional recognition and support of the APPLICANT in relocation to Germany. The exact scope of these further support services shall be specified in the CONTRACT and supplementary written agreements between the CLIENT and heidi.
(1) The General Terms and Conditions (GTC) set forth herein govern the business relationship between heidi and the CUSTOMER. They expressly do not refer to the relationship between heidi and the APPLICANT or between the PARTIES, neither directly nor indirectly. The subject of these GTC is exclusively the relationship between heidi and the CUSTOMER as well as the terms of use of the PLATFORM provided by heidi. In this context, CUSTOMERS are companies within the meaning of § 14 BGB (German Civil Code).
(2) It is expressly pointed out that no employment relationship, contractual relationship, employment agency relationship, brokerage relationship, commercial agency relationship, partnership, partnership under civil law or a comparable relationship arises between heidi and the APPLICANT.
(3) heidi provides services for CUSTOMERS exclusively on the basis of these GTC in conjunction with the CONTRACT and any additional contractual provisions. By utilising the services of heidi, the CUSTOMER agrees to the validity of these GTC.
(1) heidi shall provide the CLIENT with access to the PLATFORM via a website.
(2) Via the PLATFORM, heidi offers the CLIENT access to a pool of pre-qualified international professionals (APPLICANTS). The CLIENT can view the profiles of the APPLICANTS and, if interested, arrange interviews.
(3) Relevant information on the respective APPLICANT is presented to the CLIENT on the PLATFORM. This includes information on professional qualifications, level of education, professional experience and language skills. Contact details such as telephone numbers or e-mail addresses, which would enable direct contact with the APPLICANT, are not displayed.
(4) In order to use the services offered, the CUSTOMER must sign the CONTRACT in advance. By signing the CONTRACT and using the PLATFORM, the CUSTOMER accepts these General Terms and Conditions.
(5) heidi does not give the CLIENT any guarantees of success, satisfaction or other guarantees regarding the placement of APPLICANTS. heidi in particular does not guarantee a successful placement within the contract period and is not liable for the quality of the work performance of the placed APPLICANT.
(6) The final assessment of whether the APPLICANT has the desired skills and character suitability for the respective role is carried out exclusively by the CLIENT. heidi does not carry out any "background checks", e.g. with regard to previous criminal proceedings or convictions. heidi can, however, refer the CLIENT to qualified organisations that can support them with such checks.
(7) Upon CLIENT's request, heidi offers support in the visa process for a possibly required work permit of the APPLICANT as well as for the relocation of the APPLICANT to Germany. A guarantee for the successful procurement of a visa cannot and will not be given by heidi. The services provided by heidi are limited to supporting measures, such as assistance in compiling the necessary documents. The exact scope of services is determined by individual agreements in the CONTRACT or in supplementary regulations, together with the remuneration incurred.
(1) The CLIENT shall pay heidi a fee for the successful placement of a CANDIDATE (hereinafter referred to as "REFERRAL FEES"), which shall be based on the agreed employment relationship between the CLIENT and the APPLICANT. The amount of the REFERRAL FEES shall be determined by individual contractual agreement between heidi and the CLIENT.
(2) The REFERRAL FEE is generally due upon successful conclusion of an employment contract between CLIENT and APPLICANT. Deviating provisions in the CONTRACT are possible and shall apply accordingly.
(3) The REFERRAL HONOUR shall not be subsequently cancelled if the cooperation between CLIENT and APPLICANT is subsequently terminated.
(4) For additional services such as support in the visa process or relocation of the APPLICANT, a separate fee shall be paid to heidi. The amount of this remuneration shall be agreed upon in an individual contract.
(1) heidi shall make the PLATFORM available to the CUSTOMER on a website in accordance with the service description presented.
(2) heidi reserves the right to continuously develop the PLATFORM and the services offered there. The design and nature of the PLATFORM as well as the services and functions offered may change within a reasonable scope for the CUSTOMER. heidi undertakes to inform the CUSTOMER about significant changes in a timely manner.
(3) heidi undertakes to treat the data transmitted by the CUSTOMER confidentially and to use it exclusively for the purpose of placing APPLICANTS.
(4) The technical availability of the PLATFORM may be limited during periods in which the servers fluctuate due to routine and previously announced maintenance work or malfunctions. If necessary, the CUSTOMER shall be responsible for saving the data stored on the PLATFORM elsewhere as a backup copy. The CUSTOMER thus ensures that heidi has access to the data stored even if it is lost or may be lost due to a possible technical malfunction or settings of the service or partial setting of the same.
(1) The CUSTOMER undertakes to treat the information provided on the PLATFORM about APPLICANTS confidentially and not to pass it on to third parties.
(2) The CUSTOMER shall inform heidi immediately, at the latest within 3 working days, of the conclusion of an employment relationship with an APPLICANT introduced by heidi and send a copy of the employment contract.
(3) The CLIENT shall provide heidi with all necessary information and documents required for a successful placement.
(4) The CUSTOMER undertakes not to misuse the PLATFORM and not to disseminate any illegal or immoral content via the PLATFORM.
(5) The CUSTOMER is responsible for backing up the data posted on the PLATFORM. heidi recommends that the CUSTOMER regularly make backup copies of his data.
(1) Detailed information about which data is processed by heidi, how, for what purposes and to what extent, and which rights CUSTOMERS or the persons affected by the data processing are entitled to in this regard, can be found in heidi's current data protection information, which is available at https://www.heidi-hire.com/en/data-privacy.
(2) The CUSTOMER is obliged to comply with the German data protection standards and the guidelines set out in heidi's privacy policy. In particular, data of the APPLICANT, which is provided to the CLIENT via the PLATFORM for employment initiation (e.g. application documents, etc.), must be deleted immediately after six months at the latest or upon request if not used.
(1) heidi shall be liable under contract and tort a) for damages resulting from gross negligence and intent, as well as for damages resulting from injury to life, body and health; b) for damages resulting from the breach of contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the CUSTOMER regularly relies and may rely (so-called "essential contractual obligations"); in this case, however, liability shall be limited to the amount of foreseeable damage, the occurrence of which must typically be expected.
(2) heidi assumes no guarantee and no liability for the actual qualification or suitability of the presented APPLICANTS or for the accuracy of the information posted on the PLATFORM and the information and documents transmitted between the PARTIES. heidi shall not be at fault for any damage caused to the CLIENT, in particular in the context of the selection process, due to misconduct or wilful and/or negligent misrepresentation by the APPLICANT and shall be exempt from liability. Furthermore, heidi shall not bear any costs and expenses incurred by the APPLICANT towards the CUSTOMER, such as travelling expenses, etc.
(3) The above limitations of liability also apply in favour of heidi's employees, organs and vicarious agents. heidi assumes no liability for the conduct of a vicarious agent if the vicarious agent is the CUSTOMER or a person entrusted with this function by the CUSTOMER. Furthermore, heidi shall not be liable for any damages resulting from the provision of inaccurate data and information by the CUSTOMER. Mandatory statutory liability provisions remain unaffected by the above provisions.
(4) heidi is not liable for the content and execution of the contractual relationships between the CUSTOMER and the APPLICANT, including the information, data and information provided by the CUSTOMER and the APPLICANT.
(5) Furthermore, heidi rejects any liability for unauthorised access to personal data of registered CUSTOMERS by third parties (e.g. unauthorised access to heidi's database by hackers). Likewise, heidi assumes no responsibility for delivered data material, display texts or related storage media and is not obliged to store or return them to the CUSTOMER.
(1) Unless otherwise stipulated in the CONTRACT or other written agreements, contractual agreements shall exist for an indefinite period and may be terminated in writing by either party with a notice period of 2 weeks to the end of a calendar month. The cancellation can be sent by post to heidi International GmbH, Laubestraße 32, 60594 Frankfurt am Main, Germany or by e-mail to info@heidi-hire.com. To protect the CUSTOMER's data from unauthorised access, heidi reserves the right to verify the identity of the CUSTOMER, for example by requesting the e-mail address provided by the CUSTOMER to heidi or by calling the CUSTOMER personally.
(2) In the event of a cancellation, regardless of whether it is pronounced by the CUSTOMER or by heidi, heidi will delete the CUSTOMER's data (including address, company, telephone number, messages, etc.), unless heidi is legally obliged to retain them.
(3) If an employment contract between the CLIENT and an APPLICANT introduced by heidi is concluded within 12 months after the end of the contract, heidi's claim to the placement fee remains valid. An APPLICANT is considered to have been introduced by heidi as soon as the CLIENT has been provided with information that allows the CLIENT to be identified, such as name and details of professional experience.
(1) heidi reserves the right to update these General Terms and Conditions in accordance with the following provisions with effect for the future and to incorporate them into the contractual relationship with CUSTOMERS. This may be necessary if changes in the legal situation, supreme court rulings or market conditions make an adjustment necessary. The scope of the changes shall be limited to the parts affected by such changes or changed circumstances.
(2) Such changes shall only become part of the contract if the CUSTOMER agrees to them or does not object to them within a period of two weeks after notification of the changes. For a notification it is sufficient if heidi sends the new version of the GTC to the CUSTOMER to the e-mail address deposited with heidi together with a separate reference to the consequences/significance of the CUSTOMER's behaviour. If no objection to the inclusion of the described changes to the GTC in the contractual relationship is made in text form and within a period of two weeks, the consent is deemed to have been given.
(3) There is no possibility of objection if the changes are merely advantageous for the CUSTOMER or do not entail any legal or economic disadvantages for the CUSTOMER. In all other cases, the inclusion of amended GTC in the contractual relationship with the CUSTOMER is only possible with the CUSTOMER's express consent.
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the user, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship between heidi and the CUSTOMER shall be the registered office of heidi in Frankfurt am Main.
(3) The transfer of rights and obligations under this contract, whether in whole or in part, requires the prior written consent of the other party.
(4) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract. The parties undertake to replace the invalid or void provision with a valid provision that comes closest to the intended economic purpose. The same shall apply in the event of a gap in the contract.
(5) Amendments or additions to this contract must be made in writing.
