General Terms and Conditions

1. Validity

1.1 The General Terms and Conditions as specified below are applicable to all legal relations between whitespot GmbH, Nürnberger Straße 39, 90562 Heroldsberg (hereinafter referred to as “whitespot” or “lease agency”) and clients (hereinafter referred to as “hiring client” or “client”) referring to the temporary lease of employees according to the regulations of the Temporary Employment Act (AÜG).

1.2 whitespot is accredited as a temporary employment agency according to § 1 AÜG. The contractual relationship is governed by the regulations of the AÜG as well as the respective employee lease agreement (AÜV).

1.3 whitespot explicitly contradicts the application of deviating General Terms and Conditions of clients. These may only be applied individually upon explicit prior agreement.

2. Subject

2.1 The subject of the contract is the selection of employees according to the requirements as specified by the client according to article 7.1 and the temporary lease of the employee for the period agreed upon on the defined location on the basis of the AÜV (temporary employment agreement) and the General Terms and Conditions set out herein.

2.2 2.2 Furthermore, whitespot shall not be held liable either for the proper execution of the assigned duties by the temporary employee or for the success envisaged as a result of the temporary employee’s performance.

3. Conclusion of an employment lease contract

3.1 The setting up of a written contract is indispensable for the existence of an employment lease relationship.

3.2 3.2 whitespot reserves the right to adequately adapt the contractual terms and conditions in the case of a change of the legal or industrial labour agreement regulations. In particular, this is applicable to the remuneration fee, which shall be aligned accordingly and appropriately, if the above changes result in an increase in salary, if employees have to be exchanged by employees with higher qualification or if circumstances beyond the control of whitespot lead to an unpredictable cost increase.

4. 4. Term and termination of contract

4.1 The lease contract (AÜV) may be terminated by either party within a one-month period of notice to the end of the calendar month.

4.2 This does not affect the right for termination without notice for serious ground. whitespot is entitled to terminate the contract without notice, in particular, if compliance with the regulations on work and health safety are not ensured on deployment location or a work performance in the enterprise of the hiring client has been rendered impossible due to strike, lock-out, force majeure or any other reasons.

4.3 Any termination shall be valid exclusively when given in writing.

5. Remuneration, agency commission

5.1 Details concerning the remuneration, in particular the definition of the daily fees, are governed by the lease contract (AÜV). Unless agreed otherwise, the daily fees do not include any supplements for night, Sunday or bank holiday work.

5.2 2 In case the borrowing company takes over the leased employee into permanent employment during the validity of a lease contract or in the immediate vicinity of a terminated lease contract, whitespot shall be entitled to receive an agency commission.

5.3 The amount of agency commission payable as specified in article 5.2 is graduated as follows: take-over within the first three months 15 % of the gross annual income, after 3 months 12 % of the gross annual income, after 6 months 9 % of the gross annual income, after 9 months 5 % of the gross annual income. The gross annual income equals the gross work remuneration without fringe benefits. If the employee is taken over after 12 months or later, no commission shall be charged.

6. Invoicing, terms of payment

6.1 whitespot sends the hiring client an invoice containing the times of employee lease, detailing date, name of temporary employee and location of deployment. A description of activities performed is not required.

6.2 Unless agreed otherwise, the remuneration agreed upon falls due 14 calendar days upon invoice. Payments are strictly net.

6.3 All amounts charged are subject to and plus the relevant VAT required by law.

7. Exclusion of offsetting

7.1 The client is exclusively entitled to offset balances, if the amount payable is legally established and undisputed.

8. Duties of the hiring client

8.1 The hiring client is obliged to provide whitespot with a suitable job description, which explicitly details the special characteristics of the activity envisaged for the temporary employee and which skills this profile requires. Furthermore, the hiring client is required to specify the essential work conditions and the remuneration for a comparable employee of the hiring client on the premises where the temporary employee is deployed.

8.2 The hiring client is obliged to notify whitespot without delay, if a temporary employee does not meet the requirements specified in the job description and to specify details.

8.3 The hiring client is obliged not to impose any restrictions on the temporary employee concerning access to common facilities or services in the enterprise.

8.4 The hiring client undertakes to check for every temporary employee when he is notified of the name, whether such employee has been employed in his or an affiliated company within the group as specified in §8 article 3 AÜG within a period of 6 months before the start of temporary employment (so-called revolving door clause). If the clauses as in §8 article 3 AÜG prevail, the hiring client is obliged to inform the lease company without delay. In this case the hiring client shall provide all information with respect to the essential work conditions including the remuneration of comparable employees in permanent employment free of charge. The regulations of §12 article 1 section 4 AÜG in connection with §8 AÜG are applicable. This information shall form the basis for an appropriate alignment of the relevant hourly fee.

8.5 Der Entleiher prüft für jeden namentlich benannten Zeitarbeitnehmer unverzüglich, ob dieser innerhalb der Frist des § 8 Abs. 4 Satz 4 AÜG (3 Monaten und ein Tag) zuvor von einem anderen Verleiher an ihn überlassen worden ist. Liegt ein solcher Fall vor, wird der Entleiher die whitespot darüber unverzüglich informieren. Soweit sich aus der dann ermittelten Überlassungsdauer insgesamt die Verpflichtung zur Gleichstellung gemäß § 8 Abs. 4 AÜG ergibt, ist der Entleiher verpflichtet, unverzüglich die whitespot schriftlich zu informieren. In diesen Fällen stellt der Entleiher alle relevanten Informationen hinsichtlich der wesentlichen Arbeitsbedingungen einschließlich des Arbeitsentgelts vergleichbarer stammbeschäftigter Arbeitnehmer schriftlich zur Verfügung. Es gilt § 12 Abs. 1 Satz 4 AÜG in Verbindung mit § 8 AÜG. Auf Grundlage dieser schriftlichen Dokumentation erfolgt eine angemessene Anpassung des jeweiligen Stundenverrechnungssatzes.

8.6 For each temporary employee named, the hiring client checks without delay, whether such employee has been leased by another lending company within the period stipulated in §8 article 4 section 4 AÜG (three months and one day). Should this be the case, the hiring client agrees to inform whitespot immediately. If the total lease period defined results in an obligation to provide equal status, the hiring client is obliged to inform whitespot in writing without delay. In this case the hiring client shall provide all information with respect to the essential work conditions including the remuneration of comparable employees in permanent employment in written form. The regulations of § 12 article 1 section 4 in connection with §8 AÜG are applicable. An appropriate alignment of the respective hourly rate shall be done on the basis of this written documentation.

8.7 The hiring client undertakes to properly exercise his rights to instruct the worker in task matters and to refrain from any disciplinary instructions which are within the responsibility of the temporary agency.

9. Duties of the hiring client in order to guarantee non-discrimination, exemption from liability

9.1 The hiring client undertakes to comply with the duties and regulations according to the anti-discrimination laws (AGG) to protect workers from any form of discrimination as far as this applies to the temporary employees. In particular, the hiring client is obliged to eliminate any discrimination of the temporary employees deployed on the part of his own staff.

9.2 In the case of any discrimination, the hiring company undertakes to inform the temporary employee about the options and contact partners for complaints available on the premises of the hiring client.

9.3 The hiring company agrees to hold whitespot harmless of any claims and damages filed against whitespot on the basis of the stipulations according to the AGG and which may arise for whitespot as a consequence of any discrimination within the company of the hiring company.

10. Liability

10.1 whitespot shall only be liable for the flawless selection and leasing of the employee according to the contract for the agreed tasks on the agreed location.

10.2 The liability is restricted to damages caused by an infringement of the above contractual duties by intention or gross negligence.

10.3 In the case of intention or gross negligence as well as a lack of a guaranteed skill, whitespot bears unlimited liability for incidental damage.

10.4 In the case of slight negligence, whitespot bears unlimited liability in the case of any harm to life, body or health. If whitespot fails to perform the contractual duties due to slight negligence, performance is rendered impossible or an essential violation of duties occurs, the liability is limited to the typical type of damage foreseeable for the relevant type of contract.

10.5 Otherwise all liability shall be excluded.

11. Miscellaneous

11.1 The contractual relationship between the parties is subject to German law under the exclusion of international right of collision.

11.2 Place of jurisdiction for any disputes arising shall be the registered office of whitespot.

whitespot GmbH
Nürnberger Straße 29 / 90562 Heroldsberg
+49 (0)911 – 4789 7660

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