Terms and Conditions - MEDICmove
§ 1 Purpose of the undertaking
The purpose of the company is the worldwide placement of physicians as employees, self-employed representatives as well as independent registered physicians working in clinics or their own practices or in other facilities or authorities, which are concerned with medicine.
Physicians looking for employment will hereinafter be referred to as Candidates.
Providers of employment will hereinafter be referred to as Clients.
MEDICmove will hereinafter be referred to as the Agency.
§ 2 Services and duties
2.1 The Client commissions the Agency to search for a physician to enter into an employment relationship, to deputize for a permanent position for a limited period of time or to set up his own practice.
2.2 The Agency will find Candidates by using contacts, media, advertisements, research, own databases etc.
2.3 The Candidate will make available all data and documents which are necessary for being placed by the Agency. The Agency will agree the requirement as well as the extent of documents and data with both the Candidates and the Clients.
2.4 The Agency will inform the Candidate either regularly or upon requirement by email, fax or mail about existing positions or current developments in the global labour market.
2.5 The Agency accompanies the communication between the Client and the Candidate in a supporting manner. The Agency will establish contacts and organize discussions and/or visiting appointments.
§ 3 Duty to furnish information
Both Candidates and Clients are obliged to inform the Agency about the state of their mutual negotiations on a regular basis. The Agency must be informed immediately if an employment contract has been brought about.
§ 4 Remunerations
Candidates, who enter into agreements for short to mid-term representations, are working on a self-employed basis. Normally, the remuneration will be paid by the Agency, in some cases by the Client.
The Agency and the Candidate will agree in advance the remuneration to be paid per hour. The number of hours results from the time sheet, which the Agency will provide the Candidate with and which must be signed by the Client.
The payment will be made within 7 days subsequent to the Agency in turn receiving the payment from the Client.
§ 5 Commission
A commission will be due for the successful placement of a physician with a Client. Following the conclusion of the contract, the Client has to pay this commission to the Agency. The amount of the commission as well as the detailed conditions will be regulated by separate agreement.
§ 6 Warranty and liability
The Agency is obliged to render all contractually agreed services in accordance with the contract.
The Agency is not liable for:
Any kind of damage that the Candidate/Client incurs as a result of an employment relationship which has been initiated or concluded via the Agency,
The content, topicality, correctness and completeness of all information, documents and data provided.
§ 7 Changes to the General Terms and Conditions, Salvatory Clause
7.1 The Agency reserves the right to change the General Terms and Conditions at any time. The changed General Terms and Conditions will apply to any contractual relationship entered into from the time of the change.
7.2 Should any provision of these General Terms and Conditions be or become ineffective, the legal validity of the remaining contractual provisions will not be affected. The ineffective provision will be deemed as having been replaced by a provision, which takes the meaning and purpose of the ineffective provision legally effective into account. The same applies to any possible loopholes.
§ 8 Data protection statement, notice of liability and disclaimer
All data collected by the Agency will be treated in accordance with the basis of the Federal Data Protection Act (BDSG) and the Information and Communication Services Act (IuKDG). No data will be made available to third parties without the express agreement of the candidate. Any data of Candidates and Clients will only be used for the purposes they have required.
