General Terms and Conditions

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GTC

General Terms and Conditions (GTC)

Arrowgate Talent

§1 Scope of Application

1.1 These General Terms and Conditions ("GTC") govern the use of the digital recruitment platform operated by Arrowgate Talent (hereinafter "Provider").

1.2 The platform connects qualified professionals ("Candidates") with German companies ("Employers") and cooperates with authorized partner agencies ("Agencies").

1.3 These GTC apply to all users of the platform unless separate written agreements take precedence.

1.4 Individual contractual agreements with Employers shall prevail over these GTC in case of conflict.

§2 Nature of Services

2.1 The Provider operates a digital recruitment and mediation platform.

2.2 The Provider acts solely as an intermediary (Vermittler). The Provider:

  • Is not an employer of Candidates
  • Does not provide temporary worker leasing (Arbeitnehmerüberlassung)
  • Does not provide legal immigration advice
  • Is not a party to employment contracts

2.3 The Provider does not guarantee:

  • Successful placement
  • Visa approval
  • Employment duration
  • Hiring decisions

§3 Registration and User Accounts

3.1 Use of the platform requires registration.

3.2 Users must provide accurate and complete information.

3.3 Users are responsible for safeguarding login credentials.

3.4 The Provider may refuse, suspend, or terminate accounts in cases of:

  • False information
  • Misuse
  • Violation of these GTC

§4 Rules for Candidates

4.1 Job placement services are provided free of charge to Candidates.

4.2 Candidates bear external and ancillary costs, including but not limited to:

  • Document translation
  • Recognition procedures (Anerkennung)
  • Visa and consular fees
  • Language certification

4.3 Candidates guarantee that submitted documents and qualifications are truthful and authentic.

4.4 Authorized Agencies may assist Candidates in optimizing profiles within the platform.

§5 Rules for Employers

Remuneration and Payment Terms

5.1 The Employer shall pay the recruitment fee as defined in the individual Service Agreement.

5.2 The recruitment fee shall be payable in two instalments:

  • 50% upon the Candidate's first working day,
  • 50% upon successful completion of the agreed probation period.

5.3 "Successful completion of probation" means that the employment relationship continues beyond the probation period without termination by either party.

5.4 If the employment relationship is terminated during the probation period for reasons attributable to the Employer, the second instalment shall remain payable.

5.5 If the employment relationship is terminated during probation for reasons attributable exclusively to the Candidate's intentional misconduct or gross breach of duty, the second instalment shall not become due.

5.6 The first instalment remains payable regardless of early termination after commencement of employment.

§6 Rules for Partner Agencies

6.1 Partner Agencies act as independent contractors. They are not authorized to conclude contracts or make binding representations on behalf of the Provider.

6.2 Agencies may only perform activities expressly permitted by the Provider and must process all recruitment activities involving the platform exclusively through the platform.

6.3 Employer contact information and vacancy details are confidential and may not be used outside the platform or shared with third parties.

6.4 Agencies must comply with applicable data protection laws and applicable legal requirements.

6.5 The Provider may suspend or terminate Agency access in case of misuse, circumvention, or breach of these GTC.

§7 Anti-Circumvention

7.1 All recruitment activities involving Candidates and Employer vacancies listed on the platform must be processed exclusively through the platform. Agencies are strictly prohibited from:

  • Bypassing the platform
  • Submitting Candidates directly to Employers outside the system
  • Using Employer contact information for independent recruitment

7.2 In case of circumvention, the Provider may claim contractual damages equal to the agreed recruitment fee. The same obligation applies to Employers who receive Candidate information through the platform.

§8 Data Protection

8.1 Personal data is processed in accordance with the GDPR (DSGVO) and the Provider's Privacy Policy.

8.2 International data transfers to third countries (e.g., Tunisia) are secured through EU Standard Contractual Clauses (SCCs).

§9 Termination

9.1 Users may terminate platform usage at any time.

9.2 The Provider may suspend or terminate accounts for good cause, including violations of these GTC.

9.3 Existing payment obligations remain unaffected by termination.

§10 Intellectual Property

10.1 All platform content, design, and technical infrastructure remain the property of the Provider.

10.2 Users may not reproduce, distribute, or exploit platform content outside intended use.

§11 Liability

11.1 The Provider shall be liable without limitation for damages caused by intent or gross negligence, as well as for injury to life, body, or health caused by the Provider.

11.2 Subject to §11.1, the Provider shall not be liable for damages arising from:

  • The employment relationship between Candidate and Employer,
  • Workplace accidents,
  • Travel-related incidents,
  • Decisions of authorities (e.g., visa),
  • Actions of third parties beyond the Provider's control.

11.3 In cases of slight negligence, liability shall be limited to breaches of essential contractual obligations and to foreseeable damages typical for the contract.

11.4 Any further liability is excluded.

11.5 The Provider shall not be liable for the accuracy, completeness, or legality of information submitted by Candidates or Partner Agencies, unless the Provider has knowingly or grossly negligently failed to correct obviously incorrect information.

11.6 Partner Agencies operate as independent service providers. The Provider shall not be liable for actions, omissions, or misconduct of Partner Agencies that occur outside the contractual obligations of the Provider or beyond the Provider's reasonable control.

11.7 The Provider shall not be liable for communication errors, misunderstandings, or incorrect information originating from Candidates, Agencies, or Employers.

§12 Jurisdiction and Applicable Law

12.1 German law applies.

12.2 For merchants (Kaufleute), legal entities under public law, or special public funds, jurisdiction shall be the Provider's registered office.

12.3 Mandatory consumer protection provisions remain unaffected.

§13 Severability Clause

If any provision of these GTC is invalid, the remaining provisions remain unaffected. The invalid provision shall be replaced by a legally permissible provision that most closely reflects the economic intent.