§ 1 — Subject of the contract

These General Terms and Conditions (T&Cs) govern the legal relationship between GS Consulting (sole proprietorship, in formation, represented by Lébendé Guy André Sorgho, located at Max-Josef-Weg 3, 69181 Leimen, Germany) and the respective client. Clients within the meaning of these terms are both jobseekers (hereinafter the “Applicant”) and seeking employers or companies (hereinafter the “Company”). The services provided by GS Consulting include in particular international personnel placement, strategic advice and support in the procedure for recognising foreign qualifications in Germany, and support throughout the visa process.

§ 2 — Scope

These General Terms and Conditions apply to all services, contracts, offers, advice, and the provision of digital forms and documents by GS Consulting. By using the services, downloading forms or transmitting data, the client expressly agrees to the application of these terms. Any deviating, conflicting or supplementary terms of the client do not become part of the contract unless GS Consulting has expressly agreed to them in writing in advance.

§ 3 — Services of GS Consulting

GS Consulting actively supports the Applicant in finding suitable employment in the Federal Republic of Germany, provides comprehensive advice in the procedure for recognising foreign professional qualifications, accompanies the official visa procedure, and supports the first steps of social and professional integration on site. It is expressly clarified that GS Consulting provides a careful and professional service but does not owe a result. The actual conclusion of an employment relationship or the definitive granting of a visa cannot be guaranteed by GS Consulting.

§ 4 — General obligations of the Applicant and the Company

(1) The Applicant undertakes to transmit truthfully, completely and up to date all information required for placement, the visa procedure and the recognition procedure, and to provide the necessary documents in good time. Any relevant change to their personal or professional situation must be reported to GS Consulting without delay.

(2) The seeking Company undertakes to define precisely the requirement profiles for the positions to be filled and to inform GS Consulting without delay as soon as a proposed position has been filled otherwise or the staffing need no longer exists.

§ 4a — Language proof and declaration of intent

(1) Obtaining a visa for the purpose of taking up employment and successful placement necessarily require sound knowledge of the German language. The Applicant undertakes to acquire this language knowledge on their own responsibility in their home country.

(2) To document this serious willingness to integrate and learn, GS Consulting provides a declaration of intent (Letter of Intent) for download on the website. The Applicant is obliged to complete this document in full, sign it and return it to GS Consulting by email.

(3) This declaration of intent sets a binding timeframe: reaching level A2 (CEFR) within 6 months and level B1 (CEFR) within 12 months from the date of signature. Proof must be provided by an officially recognised language certificate from an institute certified under the ALTE guidelines (Goethe-Institut, telc, ÖSD, ECL).

(4) If the Applicant fails to submit the declaration of intent properly or misses the agreed deadlines without a valid, demonstrable reason, GS Consulting reserves the right to suspend the processing of the placement file and support in the recognition procedure temporarily or permanently.

§ 5 — Fees and costs

(1) The actual placement of workers is absolutely free of charge for the Applicant, in accordance with the statutory provisions in the Federal Republic of Germany.

(2) The Applicant bears only the costs of specific additional services agreed separately in advance (e.g. professional CV optimisation or individual application coaching) as well as any third-party costs incurred. Third-party costs include in particular fees for certified translations, official fees for the recognition procedure and the visa fees of the German missions abroad. The exact amounts depend on the individual effort of the file.

(3) For seeking companies, the fee rates and payment terms individually and bindingly agreed in the placement contract to be concluded separately apply.

§ 5a — Client protection and anti-poaching clause

(1) The seeking Company undertakes to treat all candidate profiles, data and information transmitted to it by GS Consulting as strictly confidential and to disclose them in no case to unauthorised third parties.

(2) If the Company, or a company legally affiliated with it, concludes an employment, service, training or internship contract with this Applicant within 24 months of the Applicant’s first presentation by GS Consulting, without carrying out and remunerating the regular placement via GS Consulting (direct hiring circumventing the intermediary), the Company is obliged to pay a lump-sum placement fee and compensation.

(3) This lump-sum fee amounts to three times the expected gross monthly salary of the hired Applicant, unless the Company can prove that the hiring is entirely independent of GS Consulting’s placement activity.

§ 6 — Statutory right of withdrawal for consumers

Applicants acting as consumers within the meaning of the law have a statutory 14-day right of withdrawal in accordance with the separate withdrawal notice. Early expiry of the right of withdrawal occurs only if the Applicant expressly consents to GS Consulting beginning the performance of the service before the expiry of the 14-day withdrawal period, and simultaneously confirms that they lose their right of withdrawal through this early commencement (e.g. by activating a corresponding checkbox in the online form).

§ 7 — Data protection and confidentiality

The collection, processing and use of all personal data of the Applicant and the Company are carried out strictly confidentially, exclusively within the framework of the statutory provisions of the European General Data Protection Regulation (GDPR) and the TDDDG, and in exact accordance with GS Consulting’s separate data protection declaration.

§ 8 — Liability and exclusion for authority decisions

(1) GS Consulting is liable without limitation for damages arising from injury to life, body or health in accordance with the statutory provisions. For other damages, GS Consulting is liable only in the event of gross negligence or intent.

(2) GS Consulting assumes no liability, warranty or responsibility whatsoever for the decisions, official processing times, unexpected visa refusals or delays on the part of state bodies (in particular German embassies, consulates, the Bundesagentur für Arbeit, immigration authorities or the competent recognition bodies). The risk of an official refusal or delay despite proper and complete submission of the documents is borne solely by the client.

§ 9 — Contract term and termination

The placement and consulting contract is concluded for an indefinite period. It may be terminated at any time and without giving reasons by either contracting party in text form (e.g. by email). Claims already arisen for reimbursement of third-party costs or fees for chargeable additional services already fully rendered remain expressly unaffected by a termination.

§ 10 — Governing law and jurisdiction

The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Insofar as the seeking Company is a merchant within the meaning of the German Commercial Code or the client has no general place of jurisdiction in the Federal Republic of Germany, the registered office of GS Consulting (Leimen / Heidelberg) is agreed as the exclusive place of jurisdiction for all disputes arising from or in connection with this contract.

§ 11 — Severability clause

Should any provision of these General Terms and Conditions be or become invalid, unenforceable or incomplete, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a legally permissible rule that comes closest to the economic and legal purpose of the original clause shall be deemed agreed.