General Terms and Conditions of Business of refyougee.com – CPW Projekt UG (limited liability), Leyherstr. 119, 90431 Nuremberg
I. General provisions
"refyougee.com" is an information and agency portal for asylum seekers and migrants seeking employment (“users”) and employers. CPW Projekt UG (limited liability) (the “provider”) provides an Internet platform which can be used by users and employers on the following terms and conditions.
Both users and employers have the possibility of posting online job requests/job offers in a separate area. In this context, the provider acts solely as an intermediary for job interviews. Any employment contract relationships arise exclusively between the users and the employers.
II. Information and agency portal for users
1. Use of the information and agency portal is free of charge for the user. The provider is not liable for the correctness or completeness of the information recorded and/or entered on it. Any claims for compensation for losses against the provider due to inaccurate or incomplete information are excluded.
3. After receiving the data, the provider will contact potential employers in order to place users with them. The potential employer provides the provider with a job description. After the job description has been provided, the user receives a notification by e-mail specifying the position, location, salary and period of employment. The user will only receive an e-mail if we are of the opinion that he/she is suitable for the position in question.
4. The e-mail contains a link with which the user can express his/her interest in the offered position. From the data provided by the user, the provider creates an anonymous résumé and sends it to the potential employer. If it expresses an interest in employing the user to the provider, the user receives a further e-mail or a phone call informing him/her of the details (location, date) of the job interview. The work of the provider ends here.
5. The user can delete his/her user account at any time without giving reasons and without complying with time limits. He/she thus loses his/her entitlement to have a job interview arranged. He/she can register on the provider’s website again at any time.
6. Users must ensure that their data is up-to-date and complete and inform the provider of any changes. They can do so either by e-mail or via the website.
III. Terms and conditions for employers
1. Interested employers can provide the provider with a job description by e-mail. For this purpose, the provider sends the employer a data sheet. The contract on arranging a job interview with the user arises between the provider and the employer as a result of the filled in data sheet being sent back together with the job description. Any employment relationship arises solely between the employer and the user.
2. The provider specialises in arranging job interviews for asylum seekers and migrants. After receiving the data sheet and matching it with the data of a suitable user, the provider sends the employer anonymous information on the user (education/training, qualifications, hobbies, preferences).
3. If the employer is interested, it informs the provider when and where a job interview with the user will be held. The provider then passes that information on to the user.
4. The employer must notify the provider within one week of the conclusion of the employment contract with the user and the agreed gross monthly salary. If payment by the hour has been agreed, it must notify the provider of the agreed hourly rate and the gross hourly wage. The provider shall receive from the employer remuneration in the amount of 50% of one gross monthly wage as agreed with the user (plus VAT). The remuneration is payable within two weeks from the conclusion of the employment contract.
5. The commission is also payable if the user or the employer terminates the employment relationship, irrespective of the time when this occurs, or if the user does not take up the position.
6. If the employer contacts a user registered with the provider directly and thus bypasses the provider or arranges for him/her to be thus contacted and that user is then employed and/or the provider is not informed of the employment within one week in accordance with §III.4 of these General Terms and Conditions of Business, it shall have to pay the provider a contractual penalty in the amount of 50% in accordance with §III.4 hereof and at least €2,500.
7. The provider is not liable for the information provided by the user.
8. The employer undertakes to delete, at the provider’s instruction, personal data already transmitted to it by the provider if, for example, the user has submitted a request for the deletion of the data to the provider.
9. Registration alone does not guarantee successful recruitment.
V. The provider shall only be liable for losses other than losses caused by loss of life or injury to the body or health insofar as those losses result from wilful misconduct or gross negligence or a culpable breach of a key contractual obligation by the provider or its vicarious agents. Key contractual obligations are obligations whose fulfilment makes it possible to correctly perform the contract at all and upon whose fulfilment the buyer can generally rely. Any further liability for compensation for losses is excluded. Claims stemming from a guarantee provided by the provider for the quality/characteristics of the subject of the purchase or under the German Product Liability Act (Produkthaftungsgesetz) are not affected by this.
VI. The language of the contract is German. All disputes stemming from this legal relationship are subject to the laws of the Federal Republic of Germany. For consumers, this governing law only applies insofar as the consumer is not deprived of the protection provided by mandatory provisions of the law of the country in which he/she has his/her habitual residence. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
VII. Place of jurisdiction
If the client is a trader, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes stemming from this contract shall be the location of the provider’s registered office.
VII. Severability clause
Should the arrangements contained in the contract or the General Terms and Conditions of Business be legally ineffective or unenforceable, in part of in whole, or if they later lose their effectiveness or enforceability, the effectiveness of the other provisions of this contract shall not be affected.
As at: 10.11.2015