§ 1 Scope of application

1. 1.1 These General Terms and Conditions ("GTC") apply to the entire business relationship between Staff Direct and the Customer.
2. 1.2 Customers within the meaning of these GTC are exclusively entrepreneurs (B2B sector). Staff Direct's offers are aimed exclusively at customers who have reached the age of 18 and are to be regarded as entrepreneurs, i.e. in particular industry, commerce, trade and commerce.
3. 1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction in accordance with Section 14 of the German Civil Code (BGB).
4. 1.4 General terms and conditions or other terms and conditions of the customer shall not become part of the contract unless otherwise agreed in individual cases.
5. 1.5 These GTC also apply to all future business relationships even if they are not expressly agreed again. Staff Direct will inform the Customer immediately of any changes to these GTC. The current version of the GTC can be accessed online at https://staff.direct/agb at any time.

§ 2 Conclusion of contract

1. 2.1 By selecting one or more users, the Customer declares binding acceptance of Staff Direct's offer. Immediately after booking, the Customer receives a corresponding order confirmation from Staff Direct by email. If the booking is made by a third party acting on behalf of the Customer (e.g. an event agency), this third party becomes a direct contractual partner of Staff Direct.
2. 2.2 The conclusion of an employee leasing agreement does not establish a contractual relationship between Staff-Direct-Personnel and the Customer. During the assignment, the staff-direct personnel are subject to the work instructions of the client and work under its supervision and guidance.
3. 2.3 Changes to essential contractual details, such as the duration of the assignment, working hours and work activities, can only be agreed between Staff Direct and the Customer. In particular, the Customer does not use the staff provided for the transportation of money or for debt collection activities. The customer also does not pay the staff any sums of money, in particular neither wages nor advances on travel expenses.

§ 3 Obligations of the customer

1. 3.1 During the work assignment for the customer, the customer shall assume the duty of care of an employer. He is therefore obliged in particular to ensure that the applicable accident prevention and occupational health and safety regulations and the legally prescribed working time limits are observed at the place of work. In addition, first aid facilities and measures must be guaranteed. Staff Direct will inform the respective personnel about the existing accident prevention regulations for the respective work assignment before the start of employment at the workplace in accordance with Section 12 (2) ArbSchG and, if necessary, provide protective clothing and other equipment; the same applies when changing jobs.
2. 3.2 After a successful booking via Staff Direct's online offer, a corresponding employee leasing contract is sent to the Customer. The Customer is obliged to sign this contract and send it to Staff Direct by post within fourteen (14) days. If this is not done on time or not at all, an employment relationship between the Customer and the Staff Direct personnel selected by the Customer is deemed to exist. This results in the obligation for the Customer to carry out proper payroll accounting for the staff employed and to compensate Staff Direct for the damage incurred in the form of lost profit.
3. 3.3 Staff Direct provides the Customer with a written list of the employees provided by it, including first and last names, prior to the start of the execution of the individual order for specification in accordance with Section 1 (1) sentence 6 AÜG. The Customer informs Staff Direct whether a person on the list has left the company or a company that forms a group with the Customer in accordance with Section 18 AktG in the last six months before the assignment; the Customer also informs Staff Direct whether one of the persons on the list has been assigned by another temporary employment agency in the last four months before the assignment.
4. 3.4 In individual cases, the Customer is obliged to fulfill certain obligations that may arise from the law (e.g. the BGV A1 accident prevention regulation). Staff Direct is not liable for damages resulting from a breach of these accident prevention regulations by the Customer.
5. 3.5 The Customer is also obliged to report accidents at work to Staff Direct without delay. In addition, reportable accidents at work must be reported to the responsible employers' liability insurance association without delay.
6. 3.6 Since bookings subject to payment can be made via the hyperlinks in the e-mails that are sent as part of booking processes via the Staff Direct online offer, the Customer is obliged not to forward the e-mails addressed to him to third parties or to provide them with access to these e-mails. In the event of a culpable breach of this obligation, which results in a binding booking or other chargeable action by a third party, the customer is obliged to make use of or pay for the service booked as a result of their misconduct. In the event that this booking is canceled, the corresponding regulation (§12) shall apply.
7. 3.7 The Customer is obliged to provide a correct and complete description of the planned activities as part of its booking via Staff Direct's online offer. If important details are intentionally or negligently not provided correctly or not provided at all, and if the staff provided refuses to perform the work for this reason, this constitutes grounds for Staff Direct to terminate the contract with the Customer without notice. In the event of actual termination without notice by Staff Direct, the Customer is obliged to pay eighty percent (80%) of the contractually agreed total amount; this does not affect Staff Direct's right to prove and claim any higher damages.

   The important details that the customer must not conceal include, in particular:

   • the religious background of an event,
   • the political background of an event,
   • the requirement to wear a full or partial body costume,
   • the requirement to wear short or provocative clothing or
   • requesting the performance of activities not agreed in advance.
8. 3.8 The customer is obliged to provide all information required for the contractual provision of services, in particular access authorizations to the respective events etc. The customer shall appoint a responsible person at the event venue at the latest at the start of the event who shall be responsible for ensuring that everything runs smoothly and who shall act as the contact person for all contractual matters.
9. 3.9 If a Staff Direct user is to be deployed as an employee of the Customer at times or on days when employment is only permitted with special official approval, the Customer must obtain the necessary approval in good time before the start of the employment; the same applies to official approvals for places or activities that require a corresponding official permit to enter or carry out.
10. 3.10 The customer is obliged to carry out and document the instruction in accordance with § 43 Para. 4 IfSG if the personnel provided are to come into contact with correspondingly endangered foodstuffs.
11. 3.11 The Customer is obliged to inform Staff Direct immediately about planned industrial action that directly affects its business. If the Customer is affected by a lawful labor dispute, the personnel provided will be withdrawn; this only does not apply if the deployment is to take place as part of an emergency service agreed for the Customer's business and the individual employees agree to the deployment.

§ 4 Obligations of Staff Direct

1. 4.1 Staff Direct undertakes to comply with all employer obligations and ensures compliance with all labor, tax and social security regulations.
2. 4.2 Staff Direct will instruct the personnel to be deployed as part of the event in accordance with the job description entered in the request and prepare them for the assignment in the best possible way (information on suitable or required clothing, appearance requirements, etc.).

§ 5 Liability

Beyond the selection of personnel, Staff Direct assumes no liability for the work carried out by the employees.

§ 6 Rejection of an employee

1. 6.1 Im Falle der Zurückweisung eines angefragten und vermittelten Staff-Direct-Nutzers ist der Kunde dazu verpflichtet, Staff Direct die entsprechenden Gründe hierfür in Textform (z.B. per E-Mail, Fax oder Brief) mitzuteilen. Werden keine Gründe mitgeteilt oder würden die Gründe nicht für eine außerordentliche Kündigung ausreichen, gilt die Zurückweisung des betreffenden Staff-Direct-Nutzers – gleich aus welchem Beweggrund – als Stornierung des Einsatzes (vgl. § 13) und wird mit achtzig Prozent (80%) des vereinbarten Gesamtbetrages berechnet.
2. 6.2 If there are reasons in this case that justify extraordinary termination of an employee, the customer has the option of withdrawing from the employee leasing contract with immediate effect. In this case, only the work performed up to that point shall be paid.
   The reasons that justify extraordinary termination include in particular
   • Refusal to work,
   • Insulting the customer,
   • statements about the customer that are detrimental to the business,
   • Fraud, theft or embezzlement at the expense of the customer,
   • Suspicion of another criminal offense,
   • unauthorized start of vacation,
   • threatened absence due to illness ("sick leave"),
   • sexual harassment of colleagues or contractual partners of the customer or also,
   • incorrect declaration of working hours ("working time fraud").
3. 6.3 After rejection, the customer has the option of requesting another employee from Staff Direct as a replacement or booking one if available. The deadline for providing an equivalent employee is based on the corresponding provision of these GTC (Section 8). However, Staff Direct is only obliged to provide an equivalent employee if the rejected employee was not properly selected.
4. 6.4 If a rejection is not made, subsequent claims for compensation by the customer against Staff Direct are excluded.

§ 7 Brokerage commission

1. 7.1 If the customer directly hires an employee provided by Staff Direct to perform work for subsequent assignments, this is considered a placement. A placement fee is agreed for this placement in accordance with the table below:
   • Acceptance after up to 5 assignments: 10 times the hourly rate according to the average of the last assignments
   • Acceptance after up to 10 assignments: 5 times the hourly rate according to the average of the last assignments
2. 7.2 In the event of a takeover after more than 15 assignments, no agency fee will be charged.
3. 7.3 Each activity on a calendar day is deemed to be an assignment, whereby an activity without interruption until 9.00 a.m. on the following day is deemed to be an assignment. The respective fee is due upon conclusion of the employment contract between the employee and the customer.

§ 8 Provision of replacement personnel

If an employee placed by Staff Direct falls ill or does not show up for work for other reasons, Staff Direct will provide the Customer with equivalent replacement personnel free of charge within twenty-four (24) hours.

§ 9 Prices, terms of payment

1. 9.1 The prices stated in Staff Direct's online offer are net prices, i.e. they do not include statutory VAT or other price components.
2. 9.2 Invoices shall be sent to the customer by e-mail prior to an assignment. If further services are incurred during an assignment, e.g. overtime or expenses incurred by the personnel, a further final invoice will be issued after the assignment. The basis for invoicing is the timesheets of the personnel provided, which must be confirmed by the customer by signature, and the contractually agreed hourly rate. Invoices are due seven (7) days after receipt of the invoice without deduction. In the case of short-term invoicing less than eight (8) days before the start of the assignment, the invoice is due immediately. At the customer's request, a longer payment term can be agreed for a percentage surcharge to be agreed individually.
3. 9.3 If the Customer defaults on a payment, it is obliged to pay statutory default interest in the amount of nine percentage points (9%) above the base interest rate. In addition, Staff Direct is entitled to payment of a lump sum in the amount of forty euros (EUR 40) plus statutory VAT. The right to claim further damages remains reserved. In addition, Staff Direct is entitled to refuse all contractual services in the event of a delay in performance by the Customer, without Staff Direct being liable for any damages resulting from this non-performance.
4. 9.4 If the Customer requires the staff provided to it to make an advance payment for an expense, Staff Direct, as the employer, is obliged to reimburse the employee concerned for this expense upon presentation of the receipt. In this case, Staff Direct will invoice the Customer for the expense including a surcharge of ten percent (10%).

§ 10 Settlement

1. 10.1 Once the personnel have been deployed, the customer shall receive an e-mail with a link to the working hours specified by the individual employees. From this point in time, the customer has seven (7) days to check and confirm the working hours or - in the event of incorrect information - to reject them. The hours shall be invoiced to the nearest quarter of an hour (15-minute intervals), whereby any quarter of an hour or part thereof shall be paid in full. If the customer does not respond or does not respond on time, the working hours stated by the respective employee shall be deemed correct and shall therefore be used as the basis for invoicing.
2. 10.2 A subsequent change to the working hours is only possible to the extent that the payroll accounting of the employee concerned has not yet been finalized. If payroll accounting has already been completed, a processing fee of EUR 30.00 plus statutory VAT shall be payable for the amendment of the payroll accounting and the associated further expenses (reclaiming any salary paid out, etc.).

§ 11 Valuations, self-promotion

1. 11.1 The Customer has the opportunity to rate the performance of the staff provided and the services of Staff Direct. Staff Direct has the right to publish the customer reviews received, including the name of the customer, their logo and the name of the direct contact person, on its own online offering, either itself or via a corresponding service provider (e.g. eKomi or similar). In addition, Staff Direct has the right to use the customer's logo and the corresponding rating(s) in analog and digital media, in particular the World Wide Web, for the purposes of self-promotion. This permission is limited to a period of five (5) years from the end of the last collaboration.
2. 11.2 After the assignment, the deployed personnel also have the opportunity to rate the assignment and the customer themselves. Staff Direct is entitled to create a sub-page about the customer on its own online offering from these assignment evaluations ("premium customers").

§ 12 Cancellation of an assignment

1. 12.1 If the Customer cancels an order after the agreement has been concluded, Staff Direct is entitled to charge 30% of the canceled order volume up to 4 weeks before the start of the assignment, 50% up to 14 days before, 80% up to 7 days before and 100% from 3 days before; however, Staff Direct must be reimbursed at least the wage costs incurred.
2. 12.2 This does not affect Staff Direct's right to prove higher damages in individual cases and to demand compensation from the Customer.

§ 13 Confidentiality, duty of loyalty

1. 13.1 The parties mutually undertake to keep all business matters of the other party confidential. They undertake to treat as confidential all information that they obtain directly or indirectly from each other under this contract and to use it only in connection with the performance of the contract. They undertake neither to pass on this information to third parties nor to make it accessible to third parties in any other form. The obligations shall apply beyond the date of termination of the contract. In addition, the parties are entitled to claim any damages caused by the infringement.
2. 13.2 Staff Direct is obliged to obligate the leased employees to protect the Customer's company interests, unless this conflicts with legitimate interests of Staff Direct. In particular, Staff Direct is obliged to obligate the employees to maintain confidentiality regarding all company and business secrets both during the period of employment at the Customer's company and after its termination.

§ 14 Final provisions

1. 14.1 The exclusive place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship and regarding its creation and effectiveness is Düsseldorf. However, Staff Direct has the right to take legal action against the Customer before the court at its registered office.
2. 14.2 German law shall apply to all legal issues arising from the contractual relationship and its execution.
3. 14.3 Verbal collateral agreements are not made or are not effective. Any amendments to the contract between Staff Direct and the customer must be made in text form (e.g. by email, fax or letter).
4. 14.4 Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.