Conditions of Sale German Medicine Net
Â§ 1 Object of this Agreement
German Medicine Net (hereafter called “GMN”) acts as an intermediary for various types of clients. It supports hospitals, clinics, doctor’s surgeries, pharmacies, dcotors etc. in Germany and other countries (hereafter called â€žclientsâ€œ) in identifying medical staff (hereafter called “staff”) for locum positions, transfer of personnel, permanent and interim positions, partnership in surgeries, acquisition of surgeries etc., also various movable and immovable objects in the healthcare sector (surgeries, licenses to practise in a certain area, medical real estate etc.). The following conditions apply for all business activies and contractual relations between GMN and the clients and between GMN and staff
Â§ 2 Agency Contract
An Agency Contract is automatically generated once a client asks German Medicine Net to identify suitable staff or other objects for the client. At the same time the client recognises GMN’s conditions of sale. Unless otherwise agreed the agency contract has no initial financial obligation for the client. GMN is entitled to a commission only in case of success, i.e. in case of a successful placement of staff or a sale of real estate or similar. Making available the contact details of candidates or interested parties is regarded as the essential service of GMN triggering the payment of a commission if clients then enter into contractual relation with the parties mentioned.
Â§ 3 Object of GMN’s Services
GMN is asked by its clients – on a case by case basis and in full recognition of these conditions of sale – to identify staff and/or suitable mobile or immobile objects (e.g. real estate) in the healthcare sector. When using GMN as a supplier clients will give GMN all information necessary for the achievement of GMN’s tasks. GMN will use its best efforts to introduce suitable staff and/or objects to the client. GMN will always endeavour to evaluate the suitability of such persons or obejcts before introducing them to the client, but cannot guarantee their suitability in every case. Final evaluation of the suitability of such persons or objects and of original documents proving their suitability will remain clients’ responsililty. Clients make decisions with regard to the persons or objects the client wants to enter into negotiations about. Clients can include GMN in such negotiations, but remains perfectly in their rights by not including GMN. In case of locum assignments servcies of GMN include the provision of timesheets and invoices for the hours worked if gthe provision of such services has been contractually agreed upon. GMN will be a point of contact for clients, staff, sellers of mobile or immobile objects and all other parties potentially involved. GMN has a database of health care professionals in all of Europe and beyond. Healthcare professionals can register with GMN over the phone, by fax, by email or by standard mail. After registering with GMN they will receive suitable offers depending on availability. All registered health professionals recognise GMN’s conditions of sale through the act of their registration. Registering and invoicing of their assignments through GMN are free of charge for healthcare professionals unless otherwise agreed. Healthcare ProfessopnalÃ¶s are under no obligation to accept any of GMN’s employment offers. All registered healthcare professionals accept the obligation to respect of GMN’s client protection rules (see Â§ 6 of these conditions of sale). Healthcare professionals are not entitled to a minimum number of offers or to the procurement of actual locum contracts or permanent employment contracts.
Â§ 4 Locum Contracts, Employment Contracts and Contracts for the Sale of Objects
Clients and healthcare professionals are obliged to inform GMN about the duration of locum assignments, prolongation of such assignments and agreements of future such assignments withour delay. The same obligations apply to any agreement for shortterm or longterm permanent employment. In all such cases clients and healthcare professionals are under obligation to disclose the details of any contractual agreement amongst each other to GMN. Clients requiring the services of GMN with the purpose of identifying suitable mobile or immobile objects are obliged to inform GMN about any and all negotiations and contractual agreements between themselves and the other parties (be they sellers or buyers) GMN has put them into contact with.
Â§ 5 GMN’s Agency Fee and Commissions of Transactions
For every facilitation of services in the areas of staff selection and selection of mobile and immobile objects clients will pay GMN a pre-agreed fee or commission. For any prolongation of locum contracts between parties whose mutual contact has initially been established through GMN agency fees will be due again. GMN will be entitled to a commission from transactions regarding the sale of mobile and immobile objects not only when a contractual agreement is reached regarding the objects initially put up for sale or requested, but also if contractual agreements are reached regarding the sale of objects not mentioned in the original list of objects made available to GMN or by GMN, but sold anyway in the course of the negotiations between parties whose mutual contact was established through the efforts of GMN. All fees and commissions are due at the time of signing valid contracts between clients and staff or – in the case of mobile and immobile objects – between seller and buyer, unless agreed otherwise. Fees and commissions are payable in full no later than 14 days after date of invoice. Absence of timely payment will automatically entail payment of interests to the order of 5 percent above base rate, to be calculated from the date of the respective invoice. GMN is entitled on a per case basis to allocate payments from clients for recent invoices as payments for older unpaid invoices from GMN to the same client. Once clients have paid all fees or commisions all of GMN’s services are to be regarded as paid for in full.
Â§ 6 Customer Protection
In case of identification of staff: Clients will be obliged for the duration of two years after the first introduction of such persons to them by GMN and for the duration of two years after the last use of such persons for locum assignments not to use such persons for locum assignments or any other kind of employment without notifying GMN and paying all due fees to GMN. All GMN-registered staff are under the same obligation of motifying GMN in all such cases. Any single contravention to this clause will entail a contractual penalty for breach of contract in every single case this agreement is violated. Clients and staff will be regarded as joint debtors in all such cases. In case of transactions regarding mobile and immobile objects: Clients will be obliged for the duration of 5 years not to enter into contractual agreements with the interested parties GMN has established a contact to without informing GMN and paying GMN’s agreed commissions and fees. Whenever GMN has reasonable doubt regarding the information or lack of information it receives from its clients, staff and other involved parties GMN is entitled to demand a full disclosure of all bookkeeping and contcactual documents relating to the period or situation in question from all parties GMN has a contractual relationship with.
Â§ 7 Warranty
GMN is not liable for any judiciary or liability consequences resulting from the employment of staff in locum or permanent positions. In all such cases clients and staff will ensure adequate insurance cover to address the risks of medical liability situations in the course of the day to day work of staff for clients. GMN is not liable for any problems arising from the lack of availability or lack of professional qualification of staff. Equally GMN is not liable for any misleading statements made by buyers or sellers of mobile or immobile objects in the course of their negotiations or in their contractual agreements.
Â§ 8 Data Protection
Clients and Staff agree to electronic storage of all data related to persons, objects, assignments and contracts. They also agree to the transmission of such data by GMN to the respective other party in the course of contractual negotiations etc. – unless they explicitly declare in advance that such data should not be disclosed to certain parties. All parties can withdraw their agreement to the transmission of their data in writing by email, fax or mail at any time.
GMN will ensure that all data will be treated as confidential according to all applicable laws and will not be abused for purposes not related to the original intention of the party submitting the data. GMN will take care not to make the data available to unauthorised persons or entities.
Â§ 9 Forfeiture of Rights
Regarding the forfeiture of rights time limits apply according to applicable law. In case of suspected fraud time limits will be extended accordingly.
10. In case of locum assignments where a doctor acts as an independent contractor of a surgery, clinic or hospital the parties can agree that the client makes payments of fees due to the respective locum doctor not directly to the doctor, but to the accounts of German Medicine Net to facilitate an easy processing. German Medicine Net will receive such fee payments acting as a trustee to the doctor and will pass them on as soon as possibleto the doctor whom they eventually belong to. In no case such a situation will be interpreted as one where the respective doctor (who in fact has worked only on the premises of the client and for the client) were an employee of German Medicine Net and where German medicine Net would be liable for paying social security contributions or PAYE income tax for the respective locum doctor.
Â§ 11 Final Provisions
All alterations to these conditions of sale mus be made in writing. This clause cannot be revoked by oral agreement. Should one or several of the conditions listed above turn out to be invalid in part or in full the vailidity of the other conditions will be not be thereby affected.
Â§ 11 Governing Law, Place of Jurisdiction
Governing Law is the law of Poland if not explicitly agreed otherwise. Place of Jurisdiction is Szczecin/Poland.
Date of last update: Szeczecin 30.11.2019