Terms and Conditions

§ 1 Scope of Application

The following Terms and Conditions govern the contractual relationship between Talent Seeker Consulting GmbH (hereinafter also referred to as “TSC”), Stein Str. 81–83, 35390 Giessen, Germany, and its customers on the internet platform https://www.talent-sc.de.

Customers are:

foreign nursing professionals who wish to be placed with care facilities in Germany (hereinafter also referred to as “Candidates”), and

care facilities operating in Germany that are seeking such foreign nursing professionals (hereinafter also referred to as “Employers”).

These Terms and Conditions apply to all users of the website. Any differing terms and conditions of users shall not apply, even if TSC does not expressly object to them in individual cases.

§ 2 Registration / Customer Account / Conclusion of Contract / Further Contractual Conditions

To initiate a placement, registration and the creation of a customer account are required. For this purpose, the user must register free of charge using a valid email address belonging to the customer and a password chosen by the customer. As part of the registration process, TSC sends a confirmation email and sets up a customer account.

Subsequently, the customer may enter, manage, and update their personal data in the customer account. The customer is obliged to keep their data up to date at all times.

Each customer is permitted to register only once. Multiple registrations are not permitted.

By submitting an application or making contact via the internet platform, customers submit a legally binding request to conclude a placement contract with TSC and accept these Terms and Conditions.

Users are then contacted by TSC, reviewed, and informed about the next steps. A contract is concluded only if TSC expressly declares acceptance during this process. TSC reserves the right to refuse the conclusion of a contract at any time without stating reasons.

In addition, further contractual conditions for the placement, such as the remuneration payable, may be presented during this process and require the customer’s consent. If the customer refuses, TSC is entitled to terminate the contract immediately. In such cases, the customer shall have no claims for damages or other financial compensation.

§ 3 Scope of Services

Services for Nursing Professionals (Selection)

Creation of a profile for application purposes and matching with a business partner or employer

Review and verification of candidates (document check and personal interview via video call)

Disclosure and comparison of potential job offers

Advice on selecting a suitable employer

Arrangement and preparation of an initial interview with the employer

Support in opening a bank account and obtaining necessary insurance in Germany

Support in providing language courses before arrival and after arrival, as well as language software/apps

Review of documents for completeness and assistance with visa and work permit applications

Support with other bureaucratic registrations in Germany required for placement as a nursing professional

Collection and submission of documents for professional qualification recognition and follow-up of the application in Germany

Support in selecting and completing recognition measures or equivalency certificates and related bureaucratic procedures

Research and booking of travel to Germany upon conclusion of an employment contract

Scheduling appointments with competent authorities for registration in Germany

Airport pickup, if applicable

Support in providing accommodation in cooperation with the employer

Securing the placement

Support with integration in Germany, if required

Services for Companies

Services for companies are defined and agreed upon in separate standard contracts.

§ 4 Contract Language

The languages available for contract conclusion and placement conditions are generally German and the common language spoken in the respective countries from which international candidates originate.

§ 5 Remuneration

Placement services are free of charge for candidates. This does not include training costs, in particular language courses, or other costs, which will be communicated in advance and require the candidate’s consent.

Placement services for care facilities are subject to a fee. Details are governed by a written placement or cooperation agreement.

§ 6 Term of Contract and Termination

Unless otherwise agreed, the contract is concluded for an indefinite period and may be terminated by either party with four weeks’ notice to the end of a calendar quarter.

The right to extraordinary termination for good cause remains unaffected. For candidates, good cause exists in particular in cases of sudden serious illness, pregnancy, or death of a family member. Extraordinary termination must be declared within two weeks of becoming aware of the reason.

Placement assignments already in progress at the time termination becomes effective shall be completed in accordance with this contract unless continuation would be unreasonable for one party due to reasons attributable to the other party.

Nursing professionals (candidates) may not be required to make advance payments (such as deposits) or subsequent payments (such as contractual penalties).

§ 7 Reimbursement of Costs by the Candidate / Nursing Professional

If the nursing professional terminates the contract with TSC and/or the employment relationship with the care facility:

within the first 24 months after conclusion of the contract, commencement of employment, or recognition as a nursing professional (the latest event being decisive), and

for reasons attributable to the candidate or nursing professional,

TSC agrees in advance with its respective client that any binding or repayment clauses for reimbursement of migration, training, or further education costs shall only be agreed to the extent permissible under German labor law.

§ 8 Liability

TSC shall be liable for damages resulting from injury to life, body, or health only if such damages are based on intentional or negligent breach of duty by TSC or its legal representatives or agents.

For other damages not resulting from breach of essential contractual obligations, TSC shall be liable only in cases of intent or gross negligence.

Claims for damages, except in the cases mentioned above, are limited to foreseeable, contract-typical damages and, in cases of delay, to a maximum of 5% of the order value.

Claims for damages relating to injury to life, body, health, or freedom are subject to a limitation period of 30 years; all other claims are subject to a limitation period of one year in accordance with § 199 (1) German Civil Code (BGB).

§ 9 Responsibilities and Obligations of Customers / Grant of Usage Rights

Each user is solely responsible for the accuracy and completeness of the data provided during registration. TSC is not liable for claims resulting from false, unsuitable, or incomplete information.

Users grant TSC a revocable, free-of-charge, non-exclusive right to use, reproduce, distribute, and display content provided via the platform.

Users must treat all data and communications with TSC confidentially and may disclose them to third parties only with prior consent.

Users undertake not to misuse the platform, not to disseminate unlawful content, not to hack or manipulate the system, and to comply with all applicable laws.

TSC reserves the right to exclude users from the platform and terminate contracts in case of violations.

§ 9a Additional Obligations of Employers

Employers undertake, among other things, to:

pay candidates in accordance with applicable collective agreements or local standards,

comply with labor law requirements of the candidate’s country of origin where applicable,

refrain from unlawful binding or repayment clauses,

comply with human, migration, and labor rights standards, and

provide a written integration management concept in accordance with DKF pilot standards.

§ 10 Miscellaneous

Amendments or supplements to this contract must be made in writing. Jurisdiction is the registered office of TSC unless otherwise required by law.

§ 11 Right of Withdrawal

Consumers have the right to withdraw from this contract within fourteen (14) days without stating reasons.

Details on exercising the right of withdrawal and the model withdrawal form are provided in accordance with EU consumer law.