Terms and conditions for business customers

(1) These terms apply to the use of the AzubiWay platform, the associated mobile application and the related services by training companies and language schools (hereinafter “business customers”). They apply exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). For apprentices, the separate terms of use for apprentices apply.

(2) The contracting party is pivot recruiting GmbH, Straße der Hoffnung 7, 64832 Babenhausen, Germany, represented by its managing directors David Alexander Neu and Marc Trojan, registered in the commercial register of the Darmstadt Local Court under HRB 105888. Email: info@pivot-recruiting.de, phone: +49 6106 6671355. AzubiWay is a brand and a service of pivot recruiting GmbH (hereinafter “we”).

(3) Deviating terms of business customers only take effect if we expressly agree to them in text form.

(1) AzubiWay provides two services:

1. a marketplace on which training companies publish job postings and apprentices apply, with messages, interview appointments and offers;
2. a guided procedure that, after an offer, takes all parties involved through the procedure under § 16a of the German Residence Act (AufenthG) with tasks, deadlines, document uploads and reminders.

(2) The placement fee under clause 8 is the consideration for selection, placement and support through the procedure. It is earned with the company’s offer.

(3) No legal advice. AzubiWay does not provide legal services within the meaning of the German Legal Services Act (Rechtsdienstleistungsgesetz) and no individual advice on immigration law. The content of the platform maps the procedure but does not replace information from a lawyer or an authority.

(4) No guaranteed outcome. Only the competent bodies decide on the granting of a visa, the registration of a training contract and a prior approval. A particular outcome of the procedure is not owed.

(1) Use requires an account. By registering, the business customer accepts these terms. Companies and language schools go through a check before they are activated. Until activation, only their own profile can be edited. We may refuse or revoke an activation if evidence is missing, incorrect or ceases to apply later.

(2) Account details must be kept complete and correct. Login details and one-time codes must be kept confidential and must not be passed on.

1. Job postings must be accurate, in particular as to occupation, number of places, training start, pay and accommodation and meals.
2. The proof of registration must be uploaded in good time: the registration confirmation of the competent body, proof from the vocational school or, in nursing training, proof from the nursing school. Likewise the fully completed declaration on the employment relationship.
3. The prior approval of the Central Foreign and Specialist Placement Service (Zentrale Auslands- und Fachvermittlung) must be applied for in good time.
4. Promised benefits such as free accommodation or meals must actually be provided and evidenced, as they are part of the authorities’ assessment of the means of subsistence.
5. Applicants’ data may be used exclusively for the respective recruitment procedure.

1. Students are only confirmed if an actual course relationship exists.
2. Language certificates are entered with the correct level and the correct exam date; for exams taken in modules, with the date of the oldest module passed. The exam date is decisive for the deadline check.
3. The school’s own tasks in an ongoing procedure are completed on time.
4. The language school does not place students who came into contact with a company through AzubiWay with that company by going around the platform.

(1) Contact and communication with apprentices whom the company gets to know through AzubiWay take place exclusively through the platform until a training contract has been concluded through AzubiWay. The company does not try to obtain apprentices’ contact details outside the platform.

(2) If, within 24 months of the first contact through AzubiWay, the company concludes a training or employment contract with such a person without having made an offer on the platform, the placement fee under clause 8 becomes due. This also applies if the contract comes about through third parties, for example through another placement service.

(3) If the company culpably breaches paragraph 1 and a contract under paragraph 2 comes about, it additionally pays a contractual penalty of €2,500 per person concerned. Further claims for damages remain reserved. The contractual penalty is credited against them.

(4) The company informs us without undue delay if it concludes a contract outside the platform with a person it got to know through AzubiWay.

(1) Business customers remain the holders of the rights to the content they upload. They grant us the simple, spatially unlimited right, limited to the duration of use, to store this content, process it technically and display it to the parties to the procedure entitled to see it, insofar as this is necessary to provide the service.

(2) We may remove content that violates these terms or applicable law.

(1) For each apprentice to whom a company makes an offer through AzubiWay, we charge the company a placement fee plus statutory VAT. The amount depends on the number of places the company fills through AzubiWay in the same calendar year:

The lower price applies from the place with which the tier is reached. Places charged earlier are not adjusted retroactively. Redeemed credits under clause 9 do not count as a new place.

(2) The claim arises with the company’s offer on the platform. The offer is binding. Invoicing is by invoice, payable within 14 days of receipt without deduction. In the event of late payment, the statutory provisions apply.

(3) Use of the platform is free of charge for language schools.

(4) Third-party fees, in particular chamber and visa fees, costs of translations, of a blocked account or of a declaration of commitment, are not part of our fee and are payable directly to the respective body.

(1) If a placement fails for reasons for which the company is not responsible, the company receives, instead of a refund, a credit for one place (visa slot):

(2) The credit is valid from the day on which it is established that the place will not be filled. It can be redeemed for a new offer by the company, is not transferable and is not paid out. If it is not redeemed by the time it expires, it lapses without replacement.

(3) A credit does not apply if the company ends the procedure without one of the reasons under paragraph 1, if it terminates the training relationship itself, or if the failure is due to circumstances for which it is responsible, for example because it did not provide documents or cooperation in good time despite a reminder.

(4) There is no refund in money. In justified individual cases, we may refund in full or in part at our own discretion. There is no entitlement to this.

(5) Case for clarification: the company reports problems in the procedure through the platform’s clarification function within four weeks of learning of them. We decide in text form within 14 days whether a credit is granted, refused or, by way of exception, refunded.

(1) The contract of use runs for an indefinite period and can be terminated by either party at any time in text form. The right to extraordinary termination for good cause remains unaffected.

(2) Fee claims that have already arisen remain unaffected by a termination. Clause 6 continues to apply after the end of the contract.

(3) An ongoing procedure can be ended by any party involved, stating a reason. The consequences for the fee are governed by clause 9. Documents that have already been checked are kept for reuse insofar as they are still valid and the person concerned does not object.

We endeavour to keep the platform available at all times. Maintenance work, disruptions at upstream providers and circumstances beyond our control may lead to interruptions. Functions may be developed further or replaced as long as the purpose of the contract is preserved.

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act.

(2) In the case of simple negligence, we are only liable for the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance the other party may rely, and limited to the foreseeable damage typical for the contract.

(3) We are not liable for decisions of authorities, for processing and appointment waiting times or for information provided by other users.

(4) Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and vicarious agents.

How personal data is processed is set out in the privacy policy. Companies and language schools are independently responsible for the data they receive in the course of a procedure.

We announce changes to these terms in text form at least six weeks before they take effect. If the business customer does not object by the time they take effect, the changes are deemed accepted. We point out this effect separately in the announcement. In the event of an objection, either party may terminate the contract as of the date the changes take effect.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the business customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of pivot recruiting GmbH in Babenhausen. We are also entitled to sue at the business customer’s general place of jurisdiction.

(3) The German version of these terms is authoritative. Translations serve understanding.

(4) Should any provision be invalid, the validity of the remaining provisions remains unaffected.