Terms and Conditions – Personal placement

1. Definitions

1.2. For purposes of simplification, all descriptions will be given in the masculine singular case. Feminine individuals and plural conditions are naturally included as well where not otherwise indicated.

1.3. The headings in these terms and conditions are to aid in the user friendliness of the document and have no affect on the content therein.

2. The Contract

2.1. These terms and conditions are considered agreed to by the Client, when he has accepted a Referral of an Applicant, or the Employment of an Applicant has occured.

2.2. The conditions have precedence over all other terms and conditions or sales conditions of the Client, where not otherwise reaffirmed by the executive director of TIME TO CARE.

2.3. Variations of, or revisions to these terms and conditions remain invalid without written confirmation of the executive director of TIME TO CARE.

2.4. In the case that individual terms or portions of these general conditions should become ineffective, the effectiveness of the remaining terms and conditions shall not be affected. In this case, the contract partners shall rework as allowable, the ineffective portions of the terms to correspond to the agreed upon intentions.

3. Notifications and Fees

3.1. All costs which occur to the application during the job placement process have to be paid by the client.

3.2. The Client agrees:

3.2.1. To immediately inform TIME TO CARE, when he makes an employment offer to an Applicant.

3.2.2. To immediately inform TIME TO CARE, when such an offer of employment has been accepted by an Applicant, and to forward salary details to TIME TO CARE.

3.2.3. To settle all accumulated fees to TIME TO CARE within 14 days after the issuance of the invoice.

3.3. No costs to the Client will be calculated until the Applicant starts his employment and TIME TO CARE has issued an invoice.

3.4. Referral fees which will be due to TIME TO CARE will be based on the Salary of the Applicants per the following table. The current VAT will be added to the accumulated fees. The fee is due and payable within 14 days. In case of a delay in payment, TIME TO CARE is hereby entitled to the assessment of a late interest of 4 % over and above the current Prime Interest Rate of the Deutschen Bundesbank. The continuing right to the assessment of late damages remains.

3.5. Should the Employment be limited to a fixed term of less than 12 Months, the Fees under point 3.4 shall be calculated pro rata. Should the Employment be extended beyond the originally agreed upon fixed term, the Client is obligated to pay the additional fees, applicable for the ensuing time of Employment following the original end of contract date to the anniversary of the start of the extension.

4. Refunds

4.1. In order to be eligible for a following refund the Client must have paid all outstanding invoices within 14 days of their issue, and must notify TIME TO CARE in written form within 7 days of the end of the Employment.

4.2. Should the Employment end before the 10th week after the beginning of employment (with the exception of an enforced redundancy) TIME TO CARE will provide a Reimbursement of 20% of the invoice sum. Should the Employment end after the 10th but before the 15th week (with the exception of an enforced redundancy), TIME TO CARE will provide a Reimbursement of 10% of the invoice sum.

4.3. Should the Client or his branches or subsidiaries reinstate the Applicant within 6 calendar months after the ending of his employment or cancellation of an offer, the full Fee as indicated under point 3.4 shall be applied. There shall be no right to reimbursement.

5. Cancellation fees

5.1. Should the Client decide, for whatever reason, to cancel a presented offer of employment to an Applicant, the Client is herby obligated to pay a minimum fee of 5% of the year’s salary to TIME TO CARE.

6. Referrals

6.1. All Applicants Referrals are confidential. If an Applicant, which has been presented to the Client by TIME TO CARE, is made known to a third party, and should this lead to employment of said applicant with the third party within 6 months after the referral, then the Client is obliged to pay TIME TO CARE the fees per point 3.4 without entitlement of any reimbursement.

6.2. The Referral fee, as indicated under Point 3.4 is only applied where the engagement of an Applicant which has been directly or indirectly referred by TIME TO CARE, and where the engagement of Applicant occurs within 6 months after presentation of interview (whichever comes later),

6.3. Where the level of the Salary in not known to TIME TO CARE, the minimum applicable Salary level for the corresponding position in which the Applicant is employed, with consideration of information of the client and / or the market Salary levels of comparable positions will be applied as basis of the calculations of the Referral fees as indicated under point 3.4.

7. Qualifications und References

7.1. TIME TO CARE gives every effort to ascertain the eligibility of their Applicants to be presented to the Client. However, the Client should be sure to convince himself of the suitability of an applicant and his references where provided by the Applicant himself or by TIME TO CARE before hiring. The obtaining of work permits, medical evaluations, as well as any medical or other requirements or qualifications, as required by whichever country in which the Applicant will be employed shall be the responsibility of the Client.

8. Liability

8.1. TIME TO CARE shall not under any circumstances be held responsible for losses occurred, financial expenses, damages, delays, costs or compensation (whether direct or indirect) which may affect the Client in connection to - TIME TO CARE’s search for an appropriate Applicant for the Client - the Referral of an appropriate Applicant to the Client by TIME TO CARE - the engagement of an Applicant by the Client - the lack of success of TIME TO CARE in being able to refer Applicant.

9. Jurisdiction

9.1. Place of execution and legal jurisdiction is, as far as legally allowed, Berlin.

01/2009