TGC - General standard Terms and Conditions

1. DAREconsulting GmbH as a contractor
DAREconsulting stands for the promotion of efficient and sustainable programmes and consultancy processes that are profitable for all parties involved. DAREconsulting GmbH is the contact for all questions concerning the recruitment of international professionals and their sustainable integration. We support both employers and foreign professionals by providing professional advice on all questions related to employment: Entry, residence, German at the workplace, funding opportunities and integration into the company. We support you in the planning, implementation, monitoring and evaluation of your programmes and human resource management. Our core competences include strategy and organisational development as well as further education and training.DAREconsulting advises companies, institutions and local authorities on intercultural skills and human resource management (ISO 9001:15 Lead Auditor for QMS certified) for international professionals.DAREconsulting GmbH shall provide its services exclusively under these General Terms and Conditions. It undertakes to process all orders carefully, conscientiously and responsibly.

2. Duty of cooperation of the client

The client confirms to DAREconsulting GmbH that the information and documents provided by him/her on the company and persons are complete and correct and that no indications exist or are known which could call into question their completeness and correctness.The client undertakes not to disseminate any information about the services provided by DAREconsulting GmbH that violates applicable law, the rights of third parties or morality, and undertakes to adhere to the recommended specifications when carrying out the services. The contracting party shall indemnify and hold DAREconsulting GmbH harmless in the event that the service is used by third parties due to a breach of its obligations under this agreement.The client undertakes to settle the invoice for the services provided after receipt and due date.

3. Use of the services

The services can be requested by all advice-seeking entities via the usual communication channels and they will receive a corresponding offer within the shortest possible time.

All information, explanations, advice or recommendations are given to the best of our knowledge and belief on the basis of the information publicly available at the time of the service. For legally binding advice, please contact a migration advice centre or a specialist lawyer’s office.

4. Conclusion of contract

By confirming the offer and placing the order, the client agrees to the General Terms and Conditions.

The General Terms and Conditions are binding for both parties to the contract.

5. Prices & Payment
Unless otherwise agreed in individual cases, the services of DAREconsulting GmbH shall be invoiced on a time and material basis and in accordance with the currently valid price catalogue published on the homepage.

Time and remuneration forecasts made by DAREconsulting GmbH in relation to the execution of an order represent a non-binding estimate. Deviations from the estimate cannot be ruled out, as the time required may depend on factors that DAREconsulting cannot influence.

If the actual processing time is more than 20% longer than the estimated time or remuneration, the client will be notified. Either the order can be terminated and the services rendered up to that point can be remunerated at the agreed conditions or the order can be continued and invoiced with the consent of the client.

Cancellations will incur a cancellation fee, as no replacement for the scheduled service can be organized at short notice.
There are no cancellation fees for consulting appointments. For training courses, workshops, presentations, certifications, consulting on intern. Projects and moderation assignments are subject to the following cancellation fees:
▪ Up to 14 days before the appointment 0%
▪ Up to 7 days before the date 80%
▪ From 48 hours before the appointment 100%

Invoices shall be due without deductions upon receipt at the latest on the 14th calendar day and are to be transferred exclusively in cash to the specified account.

6. Warranty, liability, exclusion of liability
Any liability or warranty for the success of the measures recommended by DAREconsulting is excluded.

DAREconsulting shall not be liable for any lack of (economic) success on the part of the client.

DAREconsulting shall not be liable for untrue or incomplete information provided by the assisted workers or by the companies to DAREconsulting. The verification of the information provided by the employee is the sole responsibility of the company/client.

DAREconsulting does not guarantee the successful placement of skilled workers/trainees and is not liable if persons requested by the companies do not actually sign an employment contract or remain for the long term. If supported skilled workers/trainees subsequently refuse contact with the company, DAREconsulting is not liable.

7. Privacy policy
See Privacy Policy

8. Other provisions
Should one or more provisions of these General Terms and Conditions be or become invalid due to statutory provisions, the remaining provisions shall remain in force. The invalid provisions shall then be deemed to be replaced by provisions which come as close as possible to the permissible ones. These General Terms and Conditions shall lose their validity when new General Terms and Conditions appear.

Amendments and supplements to the agreements made between DAREconsulting GmbH and the party placing the order must be made in writing. This shall also apply to any waiver of the requirement for the written form.

9. Place of jurisdiction
Contracts concluded in Germany shall be subject to German law. The place of performance and exclusive place of jurisdiction shall be the registered office of Deutsche DAREconsulting GmbH in Frankfurt (Oder).

Contracts concluded in Switzerland shall be subject to Swiss law. The place of performance and exclusive place of jurisdiction shall be the registered office of Swiss DAREconsulting GmbH in Binningen/Baselland.

TGC – for skillook

1. DAREconsuting GmbH as operator of skillook
skillook is a registered trademark of DAREconsulting GmbH and provides an internet-based job matching platform for automatic application management between job seekers and companies. DAREconsulting GmbH will provide these services exclusively under these general terms and conditions. The company’s terms and conditions are hereby expressly rejected. DAREconsulting GmbH undertakes to provide the service conscientiously and carefully.

skillook as a job matching platform enables companies and talents to get in contact with each other as soon as they have been matched with each other. skillook compares the skills of the professions or activities sought by the company with the existing skills of the job-seeking talents beforehand. The latter also have the option of creating a CV, which only becomes visible to the company after a match has been made.

Use of skillook as digital applicant management:

skillook allows talents to enter their existing skills, as well as personal details and work form into the system. Subsequently acquired skills can be added at any time.

skillook allows companies to enter their searched jobs or activities into the system. skillook suggests the corresponding skills based on the searched jobs. Companies can add or remove skills as needed and define „must have“ skills. After a match, companies receive the contact details and CV of the matching talent.

2. Duties of skillook as contractor
After a match, skillook commits itself to transmit the talents as well as the CV of the selected talents completely and up-to-date as deposited to the interested company. However, the talents are entitled not to contact the company or to reject offers without justification.

3. Duties of the talents
The talents undertake not to disseminate any information via the skillook platform provided by DAREconsulting GmbH which violates applicable law, the rights of third parties or morality or undertake to adhere to the recommended specifications in the execution.

The talents will at no time be obliged to disclose their clear names or contact details.

The talents shall indemnify and hold DAREconsulting GmbH harmless in the event of a claim being made against skillook by third parties due to a breach of their obligations under this agreement.

The talents undertake to provide all information about themselves truthfully.

The talents confirm that they are entitled to use the data, information and documents provided (including any photographs) and grant DAREconsulting GmbH a non-exclusive revocable right of use.

A complete profile results from the provision of information on qualifications, personal data and curriculum vitae.

Each complete profile is automatically published after a match with the matched company.

If a talent does not want to have his/her profile published (anymore), he/she must delete his/her profile completely under „My Profile“. Data will then be completely lost.

The talent agrees that his personal data, his qualifications/skills and his created CV are passed on to companies.

Talents who do not reply to the periodically sent e-mail for further activation of their account or otherwise do not comply with their obligation to cooperate will be deleted by skillook without further information.

The talent may delete his profile and all related data at any time by himself or request deletion from DAREconsulting GmbH.

4. Obligations and cooperation of the company
The company commits itself to transfer the fees to DAREconsulting GmbH after booking a package.

The company shall receive the aforementioned data of the talents exclusively online.

The company is obliged to delete all data, which it has received in connection with the search on skillook or the approach of the talents, after the talents‘ request.

The company is in no case entitled to share data of the talents or to use them outside the use on skillook.

Companies can accept applications via skillook by choosing a self-defined job ID.

5. Fees
The fees of the packages are based on the prices shown on the platform.

All fees are net, excluding the applicable statutory VAT.

The use of skillook is free of charge for talents.

The fees are to be paid online only.

DAREconsulting GmbH is entitled to change the fees at any time.

6. Guarantee, liability, exclusion of liability
skillook does not guarantee a successful placement of candidates. skillook is not liable if a candidate requested by the company is actually not interested in employment.

In principle, DAREconsulting GmbH is not liable for circumstances or damages caused by the person in the exercise of or on the occasion of his activity. No guarantee is given, in particular for the quality of work, the working methods and resilience of the person placed or their personal reliability. Recourse and other claims for compensation by the company are excluded.

DAREconsulting GmbH shall not be liable for untrue or incomplete information on the part of the placed employee or on the part of the company vis-à-vis skillook. The verification of the information provided by the employee is the sole responsibility of the company.

Liability for slight negligence on the part of DAREconsulting GmbH is excluded.

Profiles sent to the employer by skillook remain the property of the talent. All profiles are to be treated confidentially and destroyed if not used. Passing on to third parties as well as making copies is prohibited.

If a talent requests the deletion of his or her profile data from a company’s matching list, the company shall comply with the request without delay.

DAREconsulting GmbH has the basic consent of each talent to pass on the profile.

If talents refuse contact with the company, reject offers or if no employment relationship is established for any other reason, DAREconsulting GmbH shall not accept any responsibility for this and shall not be obliged to provide a replacement.

DAREconsulting GmbH accepts no liability should a talent have been matched by another company via skillook or have accepted another position.

7. Privacy policy
See privacy policy

8. Other provisions
Should one or more provisions of these terms and conditions be or become invalid due to legal regulations, the remaining provisions shall remain in force. The invalid provisions shall then be deemed to be replaced by provisions which come as close as possible to the permissible ones. These GTC shall lose their validity when new GTC appear.

The contractual partner agrees to these General Terms and Conditions. They are binding for both parties to the contract.

Amendments and supplements to the agreements made between DAREconsulting GmbH and the customer must be made in writing. This also applies to the waiver of the written form requirement.

9. Place of jurisdiction
Contracts concluded shall be governed by Swiss law. The place of jurisdiction and performance shall be the registered office of DAREconsulting GmbH in Binningen/Baselland.