§ 1 Scope of application
(1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded with me, Perfect Match Die NannyAgentur (hereinafter "PMDNA"), owner Dominique Gilardy, for the search for a carer between me and you as the client - hereinafter "client".
(2) My offer is aimed exclusively at consumers in accordance with § 13 BGB.
(3) All agreements made between you and me in connection with the contract result in particular from these GTC and the contract concluded between us.
(4) The version of the General Terms and Conditions valid at the time the contract is concluded shall apply. The General Terms and Conditions shall also apply to all future business relationships, even if they are not expressly agreed again.
(5) I do not accept deviating terms and conditions of the client. This shall also apply if I do not expressly object to their inclusion.
(6) For the sake of clarity, the terms "client" and "carer" are used throughout, regardless of gender.
§ 2 Subject matter of the contract
(1) Upon conclusion of the contract, PMDNA shall be commissioned to establish initial contacts between the client and carers in the respective segment.
(2) The individual requirements of the client form the basis for the order, which are to be included in writing in the contract. The client undertakes to provide PMDNA with all data or documents required for the order and/or to enable PMDNA to create these.
(3) The contract between the Customer and PMDNA is concluded by the signing of a contract by both parties. Unless otherwise agreed, the written form applies. This also applies to the cancellation of the written form. These GTC become part of the contract, which must be confirmed in writing by the Customer in the contract.
(4) PMDNA is not obliged to provide a minimum number of recommended carers within a certain period of time.
(5) For the purposes of the contract, a carer is deemed to have been introduced and verified when a profile (agreed in the contract) is sent to the client by PMDNA, even if this is pseudonymised. The transmission can be made either electronically, by post or by fax.
(6) PMDNA does not act as an intermediary, but only establishes contact between the person PMDNA considers suitable (in terms of the client's premises) and the respective client, which is the subject of the contract. In this respect, it is pointed out that the carers are not employed by me, so that this is not a temporary employment agency within the meaning of the Temporary Employment Act (AÜG). A placement requiring a licence.
§ 3 Conclusion of contract
(1) A contract between PMDNA and the client is concluded when both parties sign an individually agreed contract. This contract regulates the specific requirements and conditions of the caregiver search in accordance with the client's specifications.
(2) The booking made by the client with PMDNA merely represents a request for the provision of services and does not automatically lead to the conclusion of a contract. PMDNA confirms the booking in writing and informs the client of the next steps and conditions.
(3) The confirmation of the booking by PMDNA serves as acceptance of the enquiry and does not constitute a final conclusion of contract. Rather, it lays the foundation for further negotiations and the drafting of an individual contract between PMDNA and the client.
(4) The final contract between PMDNA and the client is determined by the signing of a specific contract document by both parties. This document includes the agreed services, payment terms and other contractual provisions.
(5) Amendments or additions to the contract must be made in writing and must be signed by both parties. Verbal collateral agreements are not valid.
§ 4 Reimbursement of expenses and contract fee
(1) An expense allowance of € 249.00 shall be due and payable upon signing and conclusion of the contract. The expense allowance is due upon conclusion of the contract, irrespective of the success of the order.
(2) The expense allowance paid will be offset against the agreed remuneration in the event of successful fulfilment of the contract. PMDNA is responsible exclusively for invoicing the Client in accordance with the regulations.
(3) The contract fee for the agreed service(s) will be agreed individually between PMDNA and the Customer in the contract. The same applies to the due date and payment conditions of the order fee.
(4) Any additional costs or expenses that are likely to be incurred in connection with the activity in accordance with the contract are agreed separately and are to be paid by the Client in accordance with the agreements made after proper invoicing or proof.
(5) In the event of cancellation of the contract by the client within the statutory cancellation period of 14 days after conclusion of the contract, the expense allowance paid shall not be refunded if the service has already been provided. A separate cancellation waiver shall be concluded for this purpose.
§ 5 Duty to inform
(1) The client undertakes to inform PMDNA immediately of all circumstances that are relevant to the placement.
(2) If an employment and/or other service contract or other service provision agreement is concluded between the client and the carer, the client is contractually obliged to inform PMDNA of this immediately in writing and also to provide all information and documents necessary for proper invoicing.
(3) The client must ensure that the carer has given their consent to the transfer of data. To this end, the client is obliged to inform the carer about the data transfer to PMDNA and to grant them the right to refuse the transfer of their data. If the carer objects to or refuses the data transfer, the client is obliged to inform PMDNA immediately. In this case, PMDNA and the client will work together to find a legally compliant solution for the billing basis that complies with data protection regulations and takes into account the interests of all parties.
§ 6 Cancellation and termination of contract
(1) Both parties may terminate the brokerage order placed after expiry of the contractually agreed term with a notice period of one month to the end of the month. The possibility of extraordinary cancellation for good cause remains unaffected by this. Any cancellation must be made in writing.
(2) In the event of cancellation by one of the parties, the costs incurred by PMDNA as a result of the placement order must be reimbursed to the Client without deduction. These include, in particular, disbursements, expenses and other costs incurred directly in connection with the brokerage activity. The costs will be disclosed to the client on request and must be itemised and documented in a comprehensible manner.
§ 7 Exclusion of liability
(1) PMDNA endeavours to the best of its knowledge and belief to select caregivers who meet the client's requirements. However, PMDNA assumes no liability for the accuracy of the information provided by the carers with regard to their suitability, experience or other characteristics.
(2) PMDNA's liability is limited to intent and gross negligence. PMDNA is only liable for slight negligence in the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Client may regularly rely.
Note, no GTC part of PMDNA!
(A) PMDNA assumes no liability for any damages or disputes between the client and the caregiver. Any liability is regulated individually between these two parties (client and carer).
(B) The arranged carers act as independent service providers. They are solely responsible for their actions and obligations towards the client. PMDNA is not liable for any injuries, damages or other claims arising from the activities of the carer.
§ 8 Confidentiality
(1) The client and PMDNA are obliged to treat all data, information and documents received from them in the course of the placement as confidential and to protect them from unauthorised access. This includes all personal data and information that is transmitted to the client and from the client to PMDNA in connection with the order to find carers.
(2) The obligation to confidentiality and data protection shall continue to apply after the end of the placement order. At PMDNA's request, the Client is obliged to return all documents (paper, digital and other storage media) and information provided by PMDNA or to destroy them against proof. The Client is also obliged to delete or destroy all personal data and information transmitted to it in connection with the placement of carers on any storage media and storage locations.
(3) The client may not disclose any information about the amount of commission payments to the placed carer. In addition, the client is prohibited from storing or retaining personal data or information that has been transmitted to him in connection with the placement of caregivers on any storage media and storage locations. This includes, in particular, storage in cloud services or other online storage media.
(4) The client is obliged to inform PMDNA immediately in writing of any unauthorised access to personal data or information in connection with the placement of caregivers.
(5) PMDNA is authorised to monitor and control the Client's compliance with confidentiality and data protection obligations. The client is obliged to grant PMDNA access to all relevant documents and information upon request."
§ 9 Data protection and confidentiality
(1) The contracting parties work together for the purpose of providing individual contacts or PMDNA takes over the search for carers on behalf of the client in accordance with the client's specifications. The data processed for this purpose includes, in particular, the master data and qualification(s) of the person(s) to be named and introduced as the carer, as well as other data of the data subject required for the performance of the contract or provided voluntarily.
(2) The parties shall only process personal data in accordance with the applicable statutory provisions. They recognise and confirm that each party acts independently as a controller within the meaning of data protection laws with regard to the processing of personal data in connection with the provision of the placement.
(3) Any data processing in a third country may only take place if the special requirements of Art. 44 et seq. GDPR are fulfilled, in particular if suitable guarantees within the meaning of Art. 46 GDPR are in place or an exception pursuant to Art. 49 GDPR exists.
(4) The personal data exchanged between the parties shall be treated confidentially and may not be disclosed to third parties unless otherwise contractually agreed. They are used exclusively for the purpose of fulfilling the contract and may not be used for any other purpose.
(5) PMDNA undertakes to delete the information and data of the client of which it has become aware immediately after fulfilment of the purpose or termination of the contract and in the event of an unsuccessful placement, provided there are no statutory retention obligations to the contrary. Data carriers received from PMDNA must be returned or destroyed.
(6) The Client must return the documents provided by PMDNA on request or destroy them against proof. This does not apply to documents provided to the Customer by a supervisor with whom the Customer has concluded a contract (or other service provision agreement), provided that PMDNA has issued a proper invoice.
§ 10 Right of cancellation
With regard to the right of cancellation, the Contractor refers to the separate cancellation policy at :
http://www.dienannyagentur.de/de/Widerrufsbelehrung/
§ 11 European dispute resolution
(1) I would like to point out the online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. Here you can enter into the out-of-court settlement of consumer disputes arising from contracts.
(2) I am not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 12 Final provisions
(1) Should individual provisions of the respective contract be or become invalid or void, this shall not affect the validity of the contract as a whole. The invalid or void provision shall rather be replaced by a provision in free interpretation which comes closest to the purpose of the contract or the parties' intentions.
(2) The law of the Federal Republic of Germany shall apply.
(3) Amendments and additions to the service contract must be made in writing to be effective. This also applies to the cancellation of the written form requirement. Verbal collateral agreements do not exist.