This is a summary for convenience. The binding version of these terms is the German one available at /agb. These terms apply to business customers only (§ 14 German Civil Code); they do not apply to consumers.

Part A – Staffing services

1. Scope

These terms govern all contracts between [Company name] (“Contractor”) and the client for the provision of staffing and site services. The client's own terms do not apply unless expressly accepted in text form. Individual agreements take precedence.

2. Orders

Individual assignments are called off under a framework agreement and become binding once confirmed in text form or once performance begins. A call-off should be placed at least [number] working days before the start and state the site, period, shifts, headcount, required qualification and the local contact person.

3. Performance and authority to give instructions

The Contractor performs as an independent service provider with its own personnel and supervision. The right to issue employment-related instructions remains with the Contractor; the client addresses operational matters to the Contractor's supervisor. Personnel may be replaced provided the agreed qualification is maintained. [To be reviewed: if personnel are in fact integrated into the client's organisation and subject to its instructions, this constitutes temporary agency work requiring a permit under § 1 AÜG and different contractual terms.]

4. Client's obligations

The client provides access, information and a local contact person in good time, ensures safe working conditions at the site (§ 618 German Civil Code and occupational safety law) and gives site-specific instruction. If services cannot be performed because these obligations are not met, the scheduled hours are deemed performed and are invoiced.

5. Remuneration

Remuneration is based on the agreed hourly rates per role and on hours actually worked. Surcharges apply for night, Sunday and public holiday work. A minimum of [number] hours per assignment and person is charged. All prices are net plus statutory VAT. Statutory or collectively agreed increases in labour cost entitle the Contractor to adjust rates accordingly, giving [number] weeks' notice.

6. Time records, invoicing and payment

Working time is recorded electronically — by employee card at a terminal, by the employee's personal web check-in, or by documented manual entry by the supervisor — and forms the basis of invoicing. Objections to a time record must be raised in text form within [number] working days, after which it is deemed approved. Invoices are payable within [number] days of receipt without deduction. The client may set off only undisputed or legally established claims.

7. Cancellation

Cancellation of a confirmed assignment less than [number] hours before its start is charged at [percentage] % of the scheduled hours; the client may show that the actual loss was lower or absent. If the Contractor cannot fill a confirmed assignment, it informs the client without delay and seeks an equivalent replacement; services not rendered are not charged.

8. Non-solicitation

During the term and for [number] months thereafter the client shall not solicit or hire personnel deployed under this contract. A contractual penalty of [amount] applies per breach, credited against any further damages. [To be reviewed for reasonableness.]

9. Liability and insurance

The Contractor is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act. For ordinary negligence liability is limited to breaches of essential contractual obligations and to the foreseeable damage typical of the contract. The Contractor maintains public liability insurance of [amount] per occurrence. Damage must be reported in text form within [number] working days of becoming known.

10. Confidentiality and data protection

Both parties keep non-public information confidential for [number] years after the end of the contract. Each party is a separate controller under Art. 4(7) GDPR; the Contractor remains the controller for its personnel's data. Rosters shared with the client may be used only to perform the assignment and grant site access, never for monitoring performance or conduct. Where one party processes personal data on the other's instructions, a data processing agreement under Art. 28 GDPR is concluded beforehand. See our privacy notice.

11. Term and termination

The framework agreement runs indefinitely and may be terminated in text form with [number] weeks' notice to the end of a month. The right to terminate for good cause remains unaffected. Confirmed assignments are completed as agreed.

Part B – Use of the online portal

Part B governs the client's use of the portal. Access by the Contractor's own employees is governed by their employment relationship and any works agreement, not by these terms.

12. Access and rights

The client may be granted portal access to view rosters, time records and invoices, according to the role assigned. This is ancillary to Part A and grants a simple, non-transferable right of use for the term of the contract; all rights in the software remain with the Contractor or its licensors.

13. Credentials and personal links

Credentials are confidential, must not be shared, and departing users must be reported for deactivation without delay. Personal check-in links belong to the individual employee: they must not be requested, stored or used by the client, and clocking on behalf of another person is prohibited. Suspected misuse must be reported immediately; the Contractor may suspend access on reasonable suspicion.

14. Acceptable use

The portal may be used only for the contractual purposes. Automated bulk retrieval, circumvention of access controls and any manipulation of time or location data are prohibited. Data retrieved may not be used to monitor the performance or conduct of the Contractor's personnel.

15. Availability

The Contractor endeavours to keep the portal available but owes no specific availability unless expressly agreed. Maintenance is announced and carried out outside normal business hours where possible. A portal outage does not affect the performance or payment of the services under Part A; time records are then provided in another suitable form.

16. Client data at the end of the contract

The client may export its data at any time during the term. After the contract ends the data remains available for export for [number] weeks, after which access is deleted. Data subject to statutory retention (in particular invoices and time records) is retained for the statutory periods.

17. Final provisions

Amendments require text form. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of performance is the Contractor's registered office; the exclusive place of jurisdiction — where both parties are merchants or public law entities — is [place]. Should any provision be invalid, the remainder stays in force.