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General Terms and Conditions

of Certif-ID International GmbH for the product TalentSure

1. General Provisions

1.1. Validity and application of the T&Cs

These General Terms and Conditions of Service and Delivery shall apply to all business transactions between

  • Certif-ID International GmbH, registered at the Court of Köln HRB 108450; Am Grauen Stein 33, 51105, Cologne, Germany; Managing Director: Timothy Miller, VAT ID no. DE 32 88 61 440
  • a company hereinafter referred to as CID – and
  • the recipient (buyer, client, purchaser), hereinafter referred to as the Client.
  • These Terms and Conditions shall apply, in addition to the express contractual agreements, always and only to the contractual relationship between CID and the Client.
  • They shall also apply to all subsequent transactions, even if no separate mention is made to them in any individual case.
  • Any terms and conditions stipulated by the Client shall not apply, regardless of whether an objection is expressed by CID in any individual case.
  • Any terms and conditions deviating from, supplementing or contradicting these Terms and Conditions as stipulated by the CID shall only apply if they have been expressly agreed in writing and signed by both parties. Terms and conditions in this sense particularly include quality assurance agreements, quality management agreements, service interface agreements, logistics guides etc.
  • Even if the formal requirement as set out in the above item is met for individual clauses of the business partner, references between different clauses by the business partner in question shall be of a declaratory/informational nature only and the provisions contained therein shall not be binding. In order for the individual clauses to be binding, each of them must be set out as described in the above item.

1.2. Interpretation of the T&Cs

  • Different legal systems may attribute different meanings to the same words. In versions of these CID Terms and Conditions in languages other than German, the German legal meaning of the corresponding words shall be the authoritative one.
  • All headings in the CID’s Terms and Conditions are solely for the purpose of clarity and shall have no effect on the meaning and interpretation of the individual provisions.

1.2. Place of jurisdiction

  • The sole place of jurisdiction for any dispute arising from business transactions with the Client is the registered office of CID.

1.3 Choice of law

  • German law shall be exclusively applicable, to the exclusion of international uniform law and in particular of the UN Convention on Contracts for the International Sale of Goods.

2 TalentSure Terms of Service

2.1. What is TalentSure?

TalentSure is a product of Certif-ID International GmbH. An IT platform used to manage processes for the recruitment and placement of international specialists (labour migration).

2.2. Commitment to fairness and transparency

a. TalentSure undertakes, within the scope of its services in the field of recruitment and placement of international specialists (applicants), to observe the legal framework, in particular the requirements of national labour, residence and social law in the target country. In the agreements with hiring companies (employers), TalentSure will oblige them to conclude only such employment agreements with the applicants placed by TalentSure that fulfill at least the following principles:

  • Respect for laws, fundamental principles and rights in the workplace
  • Respect for ethical and professional behaviour
  • Ban on recruitment fees and related costs for foreign workers
  • Respect for freedom of movement and the free movement of persons
  • Respect for transparency regarding employment conditions
  • Observance of confidentiality and data protection
  • Safeguarding access to legal remedies

b. TalentSure does not recruit in third countries where there is a shortage of skilled labour (e.g. according to the “WHO health workforce support and safeguards list”).

c. TalentSure works strictly according to the “no fee policy” or the “employer pays” principle. This guarantees that the placement is always free of charge for international applicants.

2.3. TalentSure Services

a. TalentSure operates an IT platform for the placement of international specialists. It offers interested applicants from third countries the opportunity to register free of charge on the TalentSure platform by creating a personal user profile with the aim of TalentSure finding a job offer that matches their expectations at a company free of charge and presenting them there for application (job placement).

b. TalentSure supports companies in the recruitment of international skilled workers on an order-related basis. The skilled workers recruited are employed in accordance with legal regulations and may have to undergo professional recognition and/or language and vocational training.

c. TalentSure’s placement services include, in particular, checking the specialist skills of the skilled workers and supporting the language training as well as the entry and recognition procedure for suitable skilled workers.

d. The TalentSure platform and TalentSure’s recruitment and placement services are hereinafter referred to as “TalentSure Services”.

3 TalentSure Terms of Service

A service contract is concluded between TalentSure and the job-seeking professional. The object of the service contract is the provision and use of TalentSure services via the TalentSure platform.

3.1 Utilisation of TalentSure services

a. General requirements

    • Only natural persons of legal age are permitted to use TalentSure services.
    • The use of TalentSure services requires the applicant to register and create a personal user account on the platform.

b. Conclusion of contract

    • Only one account per applicant is permitted.
    • To create an account, the electronic forms provided by TalentSure on the platform must be filled out completely and correctly. Information to be provided includes professional qualifications, competences, job preferences and contact details. Proof of professional qualifications must be provided in the form of relevant references and certificates.
    • The creation of an account constitutes a legally binding offer to conclude a service contract with TalentSure. 
    • TalentSure accepts the offer with the subsequent welcome message and explanation of the next step on the platform.
    • TalentSure is entitled to refuse to conclude a contract with the applicant without giving reasons.

3.2 Job placement

a. TalentSure offers applicants a free job placement service in companies that have suitable vacancies. TalentSure uses the anonymised applicant profiles of skilled workers to introduce them to suitable companies.

b. TalentSure makes no representation as to the suitability, availability or quality of the proposed positions. None of the information provided by TalentSure about the proposed positions constitutes a binding commitment.

c. TalentSure is not responsible for successful placement, particularly with regard to the conclusion of an employment contract. Whether an employment contract is concluded between an applicant and an interested company after an interview is at the discretion of the respective company and the applicant.

d. The applicant decides of his/her own free will whether he/she wishes to accept a job offer from a company.

e. If a valid employment contract is concluded, this usually involves financial obligations on the part of the company. For this reason, applicants cannot conclude a second employment contract with TalentSure until they have cancelled the first employment contract in accordance with the contract.

f. If the applicant no longer wishes to use the TalentSure services before concluding an employment contract, no costs will be incurred. 

3.3 Applicants’ obligations to cooperate

a. When registering on the TalentSure platform, applicants are obliged to provide their data truthfully and completely and to keep it up to date at all times.

b. Applicants are obliged to upload a current CV and all documents and information required for the placement to the profile. It is forbidden to upload false, falsified or manipulated documents to the profile.

c. When using the TalentSure platform or TalentSure services, the applicant is obliged to comply with the laws and regulations applicable to the user.

d. The applicant is obliged to keep his/her account data and password secret and to protect them from access by unauthorised third parties. 

e. The applicant is obliged to prove his or her language competence. This can be done, for example, by means of a language level test.

f. In the event of a breach of these obligations to co-operate, TalentSure is entitled to block the applicant’s account. The same applies if there is a suspicion of such an offence until this suspicion has been clarified. If this suspicion proves to be unfounded, TalentSure will unblock the account immediately.

3.4 Costs

The use of the TalentSure services described is free of charge for applicants. 

3.5 Cancellation of the TalentSure service contract

a. The applicant can cancel the TalentSure service contract at any time. An informal written cancellation or the deletion of their own user account is sufficient.

b. TalentSure may terminate the service contract at any time if the applicant does not fulfil his/her obligations to cooperate or if other reasons make a successful placement appear impossible. The applicant will be informed of this in writing.

4 TalentSure Services for Companies

4.1 Mediation process

  • TalentSure undertakes the search for international labour for the client as part of the recruitment process in accordance with a written order placed by the client (recruitment contract). This placement contract must contain at least details of the position to be filled, the required skills, the number of specialists required, the basic monthly salary and the terms of the contract.
  • TalentSure then selects applicants who largely fulfil the requirements profile and could therefore be considered for the client. The company receives anonymised applicant profiles and, if the applicant agrees, the complete application documents.
  • If the company considers the proposed candidate to be suitable, TalentSure organises an interview in the form of a digital interview between the company and the candidate.
  • If the company and the skilled worker come to an agreement, both sign an employment contract.

4.2. Fulfilment of the brokerage contract 

  • The placement contract is fulfilled as soon as an employment contract has been concluded between the company and an applicant placed by TalentSure. Contributory causation for the establishment of the employment relationship is sufficient. The point in time at which the employment relationship begins is irrelevant.
  • If the applicant cancels the language training or the preparation for employment, if the skilled worker does not start work or if the employment relationship between the client and the skilled worker ends within three months of entry for professional reasons, TalentSure will propose another suitable skilled worker to the client within six months without any further placement fee being charged.

4.3 Agency fee

  • If a contract is concluded with an applicant placed by TalentSure, a fee plus statutory VAT will be charged. This fee may be payable at different times during the placement process, i.e. at least in part before the candidate takes up employment with the company.
  • The fee covers all expenses for the search for skilled workers, the use of the platform by the applicant and the company, matching and the organisation of interviews.
  • All other costs for booked additional services such as visa services, transfer organisation, professional recognition procedures, professional qualification measures, examinations and relocation services are payable in addition. TalentSure can involve external partners for additional services. 
  • Under no circumstances may the company demand these costs back from the skilled worker as part of repayment and retention clauses.
  • The payment term is 14 days after receipt of the invoice by the company. Payment is made non-cash to a specified TalentSure bank account in euros.

4.4 Cancellation of the brokerage agreement

  • The company may terminate the placement contract informally in writing with a notice period of six months to the end of the month if TalentSure does not provide its services as agreed. This applies in particular to the agreed number of applicants and the agreed placement period.
  • TalentSure can terminate the placement contract informally in writing with a notice period of six months to the end of the month if the company rejects suitable proposed applicants over a period of at least 3 months without sufficient justification. TalentSure can terminate the placement contract without notice if the company does not fulfil its payment obligations.

5 Liability and Burden of Proof

  • TalentSure is liable for all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or compensation for wasted expenditure.
  • In other cases, TalentSure is only liable in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. Liability is excluded in all other cases.
  • Liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
  • These limitations or exclusions of liability also apply to the liability of TalentSure’s employees, workers, staff, representatives and vicarious agents; in particular, they apply in favour of the personal liability of shareholders, employees, representatives, executive bodies and their members.
  • A change in the burden of proof to the detriment of the customer is not associated with the provisions above.

6 Applicable Law and Language

The business relationship between the contractual partner (applicant, company) and TalentSure is subject to German law to the exclusion of the conflict of law rules of private international law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

  • If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of TalentSure.
  • The GTC are available in German and English.

7 Changes to these Terms and Conditons

  • These GTC can be amended at any time and adapted to the new circumstances if TalentSure has a legitimate interest in doing so. A legitimate interest exists in particular in the event of a change in the legal situation or supreme court rulings, market conditions, in order to adapt to new technical developments, to close regulatory gaps or to expand the range of services of the TalentSure platform.
  • All customers will be expressly notified of a change by e-mail six (6) weeks before the change comes into effect.
  • If the customer objects to the amendment of the GTC in text form (e.g. letter, email) within six (6) weeks, starting on the day following the notification of the amendment, the contractual relationship will be continued under the previous conditions. In this case, TalentSure is authorised to terminate the contractual relationship and delete all of the customer’s accounts on the TalentSure platform. The original GTC will then continue to apply until the contract is terminated.
  • TalentSure undertakes to draw the customer’s attention to the need for active consent at the beginning of the period, as well as to his right of objection and the consequences of further use of the TalentSure services in the notification of the change to the GTC.
  • These GTC may be amended at any time with the customer’s consent.

8 Severability Clause

Should a clause of these GTC be invalid, the remaining clauses shall remain unaffected. The invalid clause shall be deemed to be replaced by a clause that comes as close as possible to the meaning and purpose of the invalid clause in a legally effective manner. The same applies to any loopholes.

9 Topicality of these Terms and Conditions

These GTC have the following status: December 2023 – published version 1.0