1. SCOPE, SUBJECT MATTER OF AGREEMENT
- The following Terms and Conditions of Sale and Delivery shall apply to all services rendered by Future of Work Solutions GmbH, Rosenthaler Straße 13, 10119 Berlin (hereinafter „JOURNEYMAN“), telephone +49 (160) 4234742, registered with the Commercial Register of the Local Court of Charlottenburg under HRB 181663 B, represented by the Managing Directors Samuel Wurster and David Patzer, via Internet, mobile terminal devices, by e-mail or by telephone for the users of the website www.journeyman.io (“Platform“). Any amendment to these Terms and Conditions will require JOURNEYMAN’s express written consent. These Terms and Conditions of Sale and Delivery have been prepared in both English and German. In the event of any inconsistency, the German version shall prevail and be binding upon the parties.
- These Terms and Conditions of Sale and Delivery shall only apply to entrepreneurs within the meaning of Sections 310 (1), 14 German Civil Code (BGB), meaning a natural or legal person or a partnership with legal personality who or which, when entering into the Agency Agreement, acts in exercise of his or its trade, business or profession.
- JOURNEYMAN procures training or employment contracts between businesses domiciled around the world (“Country of Training or Employment“), looking for craftsmen to train or work for a limited period of time in the Country of Training or Employment (“CONTRACTOR“), and users of the platform (aged 18 and above) with a vocational craft training and a German journeyman’s certificate (Gesellenbrief) (hereinafter “CRAFTSMAN“).
- The employment or training contract is not concluded through the Platform but directly between the CRAFTSMAN and the CONTRACTOR. Its content is governed by the local law of the Country of Training or Employment.
- JOURNEYMAN provides the CONTRACTOR with a platform for the search for a CRAFTSMAN interested in a job opportunity for a limited period of time in the Country of Training or Employment, and for the mandating of JOURNEYMAN to arrange a training or employment contract. The use of the Platform is free of charge for the CONTRACTOR.
- If interested in the arrangement of a training or employment relationship with a CRAFTSMAN, the CONTRACTOR has to disclose to JOURNEYMAN through entry of the data on the Platform accurate and complete information regarding the identity, legal form, address, telephone number and e-mail address as well as banking details and registration in a public register, if any (“Registration“). During the term of the Agency Agreement the CONTRACTOR shall immediately notify JOURNEYMAN by e-mail or telephone of any changes.
- The registration will be subject to the CONTRACTOR first accepting these Terms and Conditions by clicking the “Accept” button. JOURNEYMAN will confirm the Registration by e-mail to the CONTRACTOR. By forwarding the confirmation the contract regarding the arrangement of training or employment contracts with CRAFTSMEN against payment becomes effective.
3. SOURCING OF CRAFTSMEN
- The CONTRACTOR provides JOURNEYMAN with a description of the offered training or job including information on the actual training or work to be executed, required professional qualification, duration of activity and other employment conditions („Job Description“) by e-mail, telephone or through the Platform. By providing the Training or Job Description, the CONTRACTOR agrees to its name being mentioned on the Platform and in the newsletters forwarded by JOURNEYMAN to registered CRAFTSMEN. Upon receipt of the Training or Job Description, JOURNEYMAN shall commence to arrange a training or employment contract for the offered job to be concluded with a CRAFTSMAN.
- JOURNEYMAN shall inform the CONTRACTOR of suitable applications of CRAFTSMEN. However, the forwarding of an application of a CRAFTSMAN does not constitute an offer to enter into a training or employment contract.
- Upon the execution of a training or employment contract, the CONTRACTOR shall immediately forward a complete copy thereof to JOURNEYMAN.
- JOURNEYMAN is not obliged to arrange training or employment contracts with CONTRACTORS.
4. DUTIES OF JOURNEYMAN
- JOURNEYMAN shall operate the Platform, post the Job Description of the CONTRACTOR, compare and evaluate the compatibility of applications filed by CRAFTSMEN with the Job Description, and forward suitable applications to the CONTRACTOR. If the CONTRACTOR communicates its intention to accept an application, JOURNEYMAN is obliged to forward the CONTRACTOR’S data to the CRAFTSMAN.
- JOURNEYMAN will make efforts to avoid disturbances in the use of the Platform such as, for instance, lost connections and impairment of use of services, to the extent technically feasible. JOURNEYMAN shall be entitled to temporarily reduce the user functions of the Platform for maintenance and development purposes.
- JOURNEYMAN shall be entitled to perform its services also for CRAFTSMEN, and to provide them with Job Descriptions of CONTRACTORS.
5. REMUNERATION, PAYMENT
- JOURNEYMAN charges the CONTRACTOR a commission for the service of providing information on or, as the case may be, the arrangement of a training or employment contract with a CRAFTSMAN. The commission is 20 percent of all wages plus the monetary value arising from additional benefits granted to the CRAFTSMAN such as the usage of a motor vehicle or housing. In case of an extension of the training or employment relationship the commission will also incur on the wages that are paid during the extended period. Should the CONTRACTOR enter into a long-term employment relationship with the CRAFTSMAN, the commission shall amount to a one-time payment of 20 percent of the annual salary.
- The commission shall be due upon conclusion of the training or employment contract and beginning of the activity by the CRAFTSMAN and has to be paid in monthly installments by the third business day of a month. This shall also apply if the training or employment contract is only concluded after termination of the Agency Agreement but on the basis of the activities of JOURNEYMAN. The commission shall exclusively be borne by the CONTRACTOR.
- JOURNEYMAN shall issue an invoice for the CONTRACTOR regarding the commission. The costs of the wire transfer shall be borne by the CONTRACTOR.
- JOURNEYMAN shall not be responsible for the content of the application provided by the CRAFTSMAN for the offered training or employment, especially not any details regarding his/her qualification. JOURNEYMAN is not a vicarious agent (Erfüllungsgehilfe) of the CRAFTSMAN. By forwarding an application, JOURNEYMAN does not make any recommendation or confirm the qualification of the CRAFTSMAN.
- Apart from that, JOURNEYMAN’s liability for any breach of contractual or non-contractual duties by JOURNEYMAN shall be governed by German statutory law. JOURNEYMAN shall be liable for damages, regardless of the legal ground, in cases of gross negligence or willful misconduct by JOURNEYMAN. In case of less than gross negligence, JOURNEYMAN shall be liable exclusively for (1) damages resulting from injury to life, body or health; and (2) damages resulting from breach of a material contractual duty (the fulfillment of which is a necessary condition for a proper performance of the agreement and the fulfillment of which the CONTRACTOR normally relies on and may rely on (primary contractual obligation).
- The www.Journeyman.io website contains links to websites that are operated by third parties and the contents of which may be unknown to JOURNEYMAN. The sole purpose of links to third-party websites is to facilitate navigation. JOURNEYMAN will not be responsible for contents on any other websites.
7. TERM, TERMINATION OF AGREEMENT
- The Agency Agreement begins once the CONTRACTOR has registered and JOURNEYMAN has activated use of the Platform, and it is entered into for an unlimited term.
- It may be terminated at any time by either party hereto on regular notice (without cause). Notice of termination may be given in text form (e-mail to firstname.lastname@example.org shall be sufficient).
8. DATA PRIVACY
- During the term of the use agreement, JOURNEYMAN shall, upon request by the CONTRACTOR, communicate to the CONTRACTOR at all times information regarding its data, and provide an option to change such data. For this purpose the CONTRACTOR has to sign in with its e-mail address.
- These Terms and Conditions of Sale and Delivery and the [Recruitment Services] Agreement and all matters arising out of or relating to these Terms and Conditions of Sale and Delivery and the [Recruitment Services] Agreement, are governed by, and construed in accordance with, the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions of Sale and Delivery and the [Recruitment Services] Agreement.
- Exclusive place of jurisdiction shall be JOURNEYMAN’S registered office. Each party hereby submits to the exclusive personal jurisdiction of the courts located in Berlin, Germany.
10. FINAL PROVISIONS
- The CONTRACTOR agrees that JOURNEYMAN, in order to improve and extend the services offered via the Platform may contact the CONTRACTOR by telephone or by mail during the term of use of the Platform and up to one year after deactivation of the account to learn about satisfaction with the services offered on the Platform and to inform about any amendments, extensions, news and offers for cooperation.
- JOURNEYMAN reserves the right to amend these Standard Terms and Conditions at any time. The CONTRACTOR shall be provided with the amended terms and conditions by e-mail not later than four weeks before the entry into force, along with a notice of the option to object. Unless the Contractor has objected to the validity of the amended Terms and Conditions within four weeks after receipt of the e-mail, the amendments to the Terms and Conditions shall be deemed to have been agreed to.