§ 1. GENERAL TERMS
Academica International brings together foreign and domestic specialists looking for employment in Germany and German employers and assumes all related activities.
These general terms and conditions apply equally to specialists and entrepreneurs with the exception of regulations expressly marked for specialists or for entrepreneurs.
§ 2 DEFINITIONS
‚Specialist‘ means any natural person with professional qualifications looking for employment in Germany through Academica International.
‚Employer‘ means every entrepreneur (§14 BGB) commissioning Academica International to find new employees for its company.
§ 3 SCOPE
These terms and conditions apply to the use of the websites and services offered by Academica International. The services of Academica International are provided for foreign and domestic specialists of age 18 and older and employers in Germany. Any terms and conditions of the user / customer that conflict with or deviate from these Terms and Conditions will not be recognized by Academica International without written consent by Academica International.
§ 4 RIGHTS AND OBLIGATIONS OF THE SPECIALIST
Every specialist is free to enter personal data in the inquiry form in order to request an offer. The data entered must be correct and truthful and must be updated as soon as the content is out of date.
§ 5 RIGHTS AND OBLIGATIONS OF THE EMPLOYER
The employer is obliged to offer only existing jobs in his company and to be the only employer in the actual and legal sense. In particular, he is obliged to use Academica International’s services only related to workplaces mentioned above.
Academica International’s services may not be used to violate applicable law. The employer is not permitted to disclose information provided by Academica International to third parties. Companies with the employer in accordance with §§ 15 ff. AktG are not considered third parties.
The employer is not permitted to use the information about specialists provided by Academica International against the recognizable and / or presumed will of Academica International. In particular, he is not permitted to circumvent legitimate interests of Academica International like contractual obligations or fee claims.
The employer is obliged to inform Academica International by notice in writing within 14 days as soon as:
a. an employment relationship has been established with a specialist mediated by Academica International;
b. the specialist has started work.
The employer undertakes to indemnify Academica International from all claims by third parties caused by culpable violation of obligations mentioned above including legal fees and court costs incurred.
§ 6 RIGHTS AND OBLIGATIONS OF ACADEMICA INTERNATIONAL
Academica International will use all information received from specialists only for the intended purpose. This also includes collecting, saving and publishing information received in accordance with the separate data protection declaration, as well as transmitting data to employers and allowing them to save and use them in accordance with the contract.
Academica International is entitled not to answer inquiries from specialists without giving reasons. Academica International will exercise this right in particular if an inquiry form contains false information, is out of date or represents a duplicate.
§ 7 RIGHT OF WITHDRAWAL
Specialists requiring a job offer or transfer to Germany by Academica International are considered consumers by law in Germany.
Every specialist can revoke a contract with Academica International at any time and without giving reasons by termination in writing. The revocation must be sent to the following address:
Academica International
Herner Strasse 299
44809 Bochum
Germany
§ 9 LIABILITY, LIMITATION OF LIABILITY, DISCLAIMERS
Claims for damages by the employer, regardless of the legal reason, in particular due to violation of obligations from the contractual relationship and from tort, are excluded. This exclusion does not apply insofar as liability is mandatory, e.g. in cases of willful intent, gross negligence, due to injury to life, limb or health, fraudulent concealment of a defect, or due to violation of essential contractual obligations (cardinal obligations). In case of breaching essential contractual obligations, the claim for damages is limited to the contract-typical, foreseeable damage unless intent or gross negligence is present or liability for injury to life, limb or health.
§ 10 EXCLUSION OF ASSIGNMENT AND NON-OFFSET
All rights that the employer has gained from and in connection with a contract and its implementation vis-à-vis Academica International can only be transferred to third parties if Academica International has previously consented to the transfer written agreement.
The employer is only entitled to offset if his counterclaims have been legally established, are undisputed or have been recognized by Academica International. He has a right of retention only to the extent that his counterclaim is based on the same contractual relationship and has been legally established, is undisputed or has been recognized by Academica International.
§ 11 CONFIDENTIALITY
All specialists and employers will treat information and data received as a contractual partner from Academica International confidentially and exclude access to third parties – an affiliated company (§ 15 AktG) is not considered a third party.
All information obtained by Academica International must be treated confidentially, provided this information is not already generally accessible or has already legally become known to the employer or specialist.
§ 12 DATA PROTECTION
Within legal provisions, Academica International is entitled to process data received from the employer related to the business relationship, regardless of whether it comes from the employer or from a third party, for its own purposes in accordance with the Federal Data Protection Act.
Claims for damages due to the handling of such data – with the exception of liability based on § 13 (limitation of liability and exclusions) – are excluded.
Academica International processes personal data in accordance with the GDPR (General Data Protection Regulation) and the Telemedia Act (TMG).
§ 13 FINAL PROVISIONS
Subsidiary agreements, changes and additions need written consent by Academica International to be effective; this also applies to changes to this regulation.
The law of the Federal Republic of Germany applies to all legal relationships between Academica International on the one hand and specialists and employers on the other.
The ineffectiveness or impracticability of one or more provisions of these general terms and conditions does not affect the effectiveness of the other provisions.
In relation to employers: Place of performance and jurisdiction for all disputes is – as far as legally permissible – Bochum, Germany.
Academica International
Bochum, 05.03.2020