General Terms and Conditions§ 1 General information
These general terms and conditions are the basis for all contracts and their completion with LehrCare Berlin.
§ 2 Objective
The contractual item of LehrCare consists in supporting schools and further education institutions as well as parents in the search for suitable teachers, supply teachers, service staff and private tutors.
§ 3 Conclusion of the Contract
(1) A condition for the use of the database offered by LehrCare is the free registration by the contracting party. With the input of his/her personal date as well as the confirmation of these general terms and conditions and the privacy statement the contracting party accepts these general terms and conditions. With the input of his/her data the contracting party gives LehrCare the authorization to make these data available in the context of the agreed upon purpose to interested target groups. With the placement of a photo the contracting party gives his consent to make this photo together with the corresponding data record in the database accessible to interested target groups. The consents are revocable at any time according to sentence 3 and sentence 4.
(2) The completion of the contractual relations, which came about with the help of LehrCare takes place solely between clients and contractors. An employment contract or status of the teachers and/or service staff does not develop in any case.
(3) Only a user contract exists between LehrCare and the client over the data base made accessible by LehrCare, in the case of placing an employed teacher and service staff as well as of fee lecturers a placement contract. This contract between LehrCare and the client comes off when LehrCare confirms the appointment. This can also take place by e-mail.
(4) LehrCare reserves the right not to take on data records or not to provide access to them for a placement. This is valid for example
a) by past serious breaches of obligation of the contracting party which led to termination without notice,
b) by presumed false registration data,
c) by technical abuse or disturbance of the data base.
If LehrCare decides to reject a conclusion of a contract, LehrCare will do this immediately.
§ 4 Obligations of the contracting parties
(1) All contracting parties commit themselves to use the provided personal data of a third person according to the legal data protection regulations and only in the sense of the contract purpose. This includes privacy in the handling of all knowledge which is attained in the context of the conclusion of the contract. This includes further the careful handling of stored data as well as their protection from unauthorized access through third parties with the help of suitable technical measures.
(2) All contracting parties commit themselves to enter only one data record of their person and to make sure all personal data is truthful and complete. This includes the obligation to update the data records.
(3) All contracting parties commit themselves to place no illegal or immoral expressions or contents on the platform offered by LehrCare. LehrCare reserves the right to reject advertising of a post which is obviously illegal, does not correspond to the reasons of equal treatment or is ethically irresponsible or incompatible with their firm’s philosophy. LehrCare GmbH will do this immediately.
(4) All contracting parties commit themselves to inform Lehrcare of each activity, in particular their admission, their planned duration as well as their completion. A breach of this obligation is considered as a serious breach of obligation, which justifies Lehrcare to cancel without notice.
§ 5 Breaches of Obligation
(1) For gross violation of the obligations of the contract by a contracting party LehrCare may terminate the contractual relationship with immediate effect without prior warning. In this case, the contractor has to replace any expenses incurred by LehrCare under the contractual relationship.
(2) The contracting parties commit themselves to exempt LehrCare from any demands LehrCare is exposed to due to breaches of obligation of these contracting parties. In such a case LehrCare will immediately inform the contracting party concerned in order to get for him all procedural rights and defence. LehrCare will not take on costs arising in this connection.
(3) LehrCare will prosecute according to civil law presumed or disturbances of the data base operation, which have taken place through contracting parties.
§ 6 Limitation of liability
(1) LehrCare does not take over any liability for damages, which result from the successful or unsuccessful placement in any form.
(2) LehrCare guarantees the usefulness of its services in the context of the technical possibilities. Lehrcare cannot be charged with limitations to the use, which result from the loss or the overloading of communications networks and give no claim to a loss of a service in return. If service impairment contrary to expectations cannot be repaired within a justifiable time, LehrCare will do everything in its power to convey the desired data to the client in another suitable way.
(3) In all other respects LehrCare is liable for damage due to breaches of obligation, which LehrCare is responsible for, only with intent or gross negligence. This is valid also with damage, which develops due to abuse of the data through a third party. Sentence 1 is not valid for damage to lives and health.
§ 7 Placement of teachers and service staff
(1) The service of LehrCare exists in the detection of workers, who were pre-selected according to the criteria of the client. Success of the service is the successful placement.
(2) Upon request the client has to promptly and truthfully provide LehrCare with all the necessary information for the post to be occupied.
(3) The client commits himself to immediately communicate to LehrCare the occupation of the advertised position as well as the agreed upon payment and to pay the remuneration according to the price list within a period of two weeks starting from the conclusion of the contract.
(4) The assignment ends with the provision of a successful service and/or by a proper notice of termination. A proper notice of termination is possible in each case at the end of a month with a period of three months. The notice must be made in writing.
§ 8 Notice by the teachers
(1) The teaching and service portfolio of an offering contracting party can terminate their business relationship with LehrCare at any time with a simple explanation.
(2) If the user does not update his data after having been requested to by LehrCare within two weeks, LehrCare reserves the right to close his data record.
§ 9 Concluding regulations for all contracts
(1) LehrCare reserves the right to stop its service, a demand for continuation does not exist for the contracting party. If necessary already paid and not yet or not yet completely provided services will be refunded proportionately.
(2) The place of fulfilment of duties is Berlin. In relation to public and private facilities the area of jurisdiction is Berlin.
(3) If a clause of this contract should not be permissible or become not permissible, then the remaining regulations remain effective. Instead of the ineffective regulation, which is the nearest to what is wanted - also economically - takes its place. This is equally valid for gaps in the contract.