General Terms and Conditions for contracts concluded via the VISABEE platform
hereinafter referred to as „the Portal“ – between VISABEE GmbH, Zeppelinstraße 73, 81669 Munich, HRB 240799 hereinafter referred to as „Provider“ and the customers designated in § 2 of the contract – hereinafter referred to as „customer“.
1. General
The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of conclusion of the contract. Deviating general terms and conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
The customer must have reached the age of 18 to be able to use the offer of VISABEE.
2. Conclusion of contract
The provider offers various services in connection with the immigration of skilled workers from abroad to Germany via the VISABEE portal.
If the customer is interested in the service offer of the provider, he makes an inquiry via e-mail, a contact form or via WhatsApp.
The provider then sends the customer an offer. The services offered are specified in more detail in the offer.
The customer can accept the offer within 7 days by e-mail. When accepting the offer, the customer must accept these contractual terms by placing a check mark next to [Accept Offer] or by clicking on [Decline Offer].
The contract is only concluded when the customer submits the declaration of acceptance. The provider confirms receipt of the declaration of acceptance with an e-mail. In this e-mail, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer in printable form (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
The contract is concluded in German or English.
3. User account
After a contract between the Provider and the Customer has been concluded, the Provider shall set up a user account for the Customer on the portal.
A valid e-mail address is required to set up the user account. If the provider cannot reach the customer via the given address and does not receive a confirmation via the link sent to the customer within 5 days, the created profile will be deleted.
The customer receives a password for his profile, which he can change at any time in the settings. The customer is exclusively responsible for keeping the password secret. If there is a suspicion of unauthorized access to an account of the customer, the customer is obliged to inform the provider immediately. In case of suspicion of unauthorized access, the Provider is entitled to block the profile concerned.
The user account can be changed, supplemented or deleted at any time. This can be done by sending an informal message by e-mail to contact@visabee.de.
The customer undertakes to keep the information in his user profile correct and complete. Changes, e.g. in the contact details, must be reported immediately. Multiple registrations, inadmissible or ambiguous information are to be omitted.
The customer commits himself to exclusively legal conduct and assumes responsibility that the contents published via his account comply with the laws and rights of the Federal Republic of Germany.
4. Mediation of applicants via the portal
As far as the customer has chosen an offer, which includes the mediation as an applicant to employers or personnel agencies, this service is governed by the following conditions:
The Customer agrees to the Provider forwarding his/her documents to potential employers and recruitment agencies. The Customer also agrees that potential Employers and Recruitment Agencies may contact him/her directly through the contact options provided in the User Account.
The Provider decides independently whether and which applications it forwards to employers and recruitment agencies. The provider reserves the right not to forward applications to employers without giving reasons.
If an employer or personnel agency is interested in an application, it can express its interest via the provider or contact the customer directly. If the customer is not notified, it is to be assumed that there is no interest on the part of the employer or personnel agency.
If the provider has already forwarded applications to employers or recruitment agencies before the deletion of a user account, the customer can still be contacted by employers or recruitment agencies after the deletion of his user account. The provider has no influence on this.
5. Right of withdrawal
When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the Provider informs about in accordance with the statutory model at www.visabee.de/widerruf. The corresponding revocation instruction, including the revocation notice, is provided by the Provider. The customer also receives the corresponding revocation instruction including revocation form with the offer according to section 2.3 by e-mail with a PDF file.
6. Prices
After sending the offer according to section 2.3, the Provider is bound to the prices contained in the offer for the duration of the acceptance period according to section 2.4. This does not apply to obvious typing or calculation errors.
All prices include the statutory value added tax applicable in the respective case.
Fees of any kind, such as administrative fees, are not included in the prices to be paid. Since the Provider does not provide services in the sense of the Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz, ZAG), these are invoiced separately and are to be paid by the Customer directly or via a trustee (MangoPay).
7. Payment modalities
There is an obligation to pay in advance. The customer agrees to receive the invoice from the provider by mail or in electronic form (by e-mail). The invoice will be sent after the confirmation of the conclusion of the contract.
Payment shall be made by Credit Card, PayPal, MangoPay, bank transfer, SEPA direct bank transfer, online bank transfer or direct cash deposit to a bank account to be named by the Provider in Germany or abroad.
If the Customer is not able to make the payments according to clause 6.3 with the help of Mangopay or PayPal – e.g. because Mangopay does not offer its services in the respective country – the Customer undertakes to contact the Provider independently before using the Provider’s services in order to arrange the payment processing in another way.
If the Customer does not comply with the obligations under Section 7, this violation entitles the Provider to terminate the contract immediately.
8. Obligations of the customer to cooperate
The customer has to promote the services of the provider by appropriate acts of cooperation. In particular, the Customer shall provide the Provider with the information and data required for this purpose, as well as with the documents requested by authorities, employers or personnel agencies where the Provider acts on behalf of the Customer vis-à-vis legal entities or natural persons, as well as authorities and corporations under public law.
If the Customer fails to comply with its duties to cooperate and if the Provider is unable to complete its services in whole or in part within the agreed time for this reason, the Customer shall bear the resulting legal consequences, for which the Provider cannot be held liable.
If documents were not submitted properly and/or data and information were provided inadequately and the Provider is commissioned to correct these errors, the subsequent expenses will be invoiced separately.
The provider is entitled to check the user profile information and/or the further submitted information of the customer at any time and to request corresponding documents for verification.
9. Third Party Services
Within the scope of his service, the provider partly mediates services and/or products of third parties. As far as services are provided by third parties and not by the provider, the provider explicitly points this out to the customer. The provider is not liable for products and/or services provided by third parties. Such products and services are subject to the terms and conditions of the third party.
Unless otherwise stated in the offer, the third parties invoice their own products and/or services separately.
10. Contents of the portal
Commercial exploitation of the content made available on the portal is not permitted without the consent of the provider.
It is expressly permitted to forward the job advertisements to other potential job seekers as long as the job advertisements are posted online on the portal.
The portal does not only contain contents of the provider. Content from customers and employers is also made available there. The provider makes these contents of third parties recognizable. The Provider does not adopt this content as its own and does not assume any liability for the correctness of the information in this third-party content.
11. Contents of the customers
By uploading content, customers grant the provider an unlimited and unrestricted license with an unlimited number of possible sublicenses to use the content within the scope of the ordered services.
The customer guarantees that he is authorized to transmit the content to the provider. The Customer shall be liable for any infringement of third-party rights of use by the Provider through the contractual use of the transmitted content.
12. Personal data
Notwithstanding these Terms of Use, the Privacy Policy governs the handling of personal data in accordance with the General Data Protection Regulation.
Users can find the data protection declaration at the following https://visabee.de/de/datenschutz. This privacy policy is part of these terms of use.
13. Liability
The provider is liable without limitation
for intent or gross negligence,
for injury to life, limb or health,
according to the regulations of the product liability law as well as
to the extent of a guarantee assumed by the supplier.
In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of the Provider shall be limited in amount to the damage that is foreseeable and typical according to the nature of the transaction in question.
A further liability of the provider does not exist.
The above limitation of liability also applies to the personal liability of employees, representatives and bodies of the provider.
14. Changes of the terms of use
The provider reserves the right to change these terms and conditions if necessary. The Provider shall inform existing customers of the planned change at least 30 days in advance. Existing customers have the option to object to the new GTC within 30 days. In this case, the contract shall remain in force under the old GTC. If the existing customer does not object within the period, the amended GTC shall apply to the existing contractual relationship after expiry of the period.
15. Final Provisions
Contracts between the provider and the customers are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
In case of dispute, only the German version of these terms and conditions shall apply. In the event of discrepancies between the offer and these general terms and conditions, the text of the offer shall prevail.