Terms of Use

We hereby inform you of our terms and conditions and start with the terms for the Personal Coaching Program. You find the terms for our Job Mentoring Program right underneath by scrolling further down.

PERSONAL COACHING PROGRAM

1 SCOPE OF APPLICATION

These conditions apply to the contractual relations between Find a Job in Germany - Jochum, Kleis und Strunk GbR (hereinafter “FAJIG”) and the respective client, establishing the obligation of FAJIG to provide services supporting the client’s objective to find suitable employment in the Federal Republic of Germany, or another country or region as individually agreed. By virtue of payment as stipulated under 3(1), the client agrees to these conditions governing this agreement. Accordingly, the client agrees that coaching services under these conditions constitute the solution-oriented consulting and accompaniment by FAJIG serving the purpose of the client developing skills to achieve the goal of finding a job.

2 PERSONAL COACHING

(1) Services include access to a digital coaching provided through a joint Whatsapp group chat during business hours for regular assistance and feedback as well as strategy and progress management, access to a video course with five chapters (Onboarding, Positioning, Approaching, Interviewing, Relocation), a personal CV session to professionalize the client’s application dossier, mock interviews to prepare for and practice interview scenarios as well as integration support for their successful relocating and settling in Germany. All activities, such as instructions and sharing of advice and methods, will be done online and in accordance with the client’s needs and targeted at the objective of securing employment. The client provides FAJIG with the necessary legal power of representation to act on the client’s behalf when pertinent.

(2) The client accepts that it lies in the nature of coaching to primarily benefit from measures intended to build one’s individual capacities to achieve a personal objective. It is therefore the client’s obligation to invest an expected 6-10 hours per week by committing to the coaching measures, following instructions, and implementing feedback.

(3) The client accepts that any efforts undertaken by either party to achieve the objective of finding suitable employment are generally affected by labor market conditions, which is a natural occurrence owed to economic cycles, but outside the sphere of influence of FAJIG.

(4) FAJIG will provide services at their own reasonable discretion and shall remain free in making use of their resources, domain knowledge, experience, skills and best efforts in accordance with standard coaching practices. Services are guaranteed for as long as the client deems support necessary and is compliant in accordance with the requirements under this agreement.

(5) FAJIG reserves the right to adapt the intensity and modalities of their coaching services in proportion to the efforts and commitment shown by the client. This generally applies after the client has secured a series of job interviews, which may lead to the gradual handing over of the job application process to the client. It especially applies if the client declines a job offer stating a compensation package which reflects the average salary structure for any qualified professional with a comparable skills profile in Germany or the respective country where the job is located.

(6) FAJIG reserves the right to pause and eventually terminate coaching services if the client is non-compliant, i.e. not showing the required commitment under Article 2(2). This especially applies in case of continued lack of communication with FAJIG for more than four weeks. Such termination shall ultimately result in the exclusion of the client from the coaching program. It lies within the discretion of FAJIG to resume services if a client who has once been excluded is requesting to continue with the coaching program.

(7) Any services provided by FAJIG under this agreement are personal and cannot be transferred or assigned to any other person. The client guarantees to have no criminal record or other private issues that might prevent a successful visa or relocation process.

3 FEES

(1) The client shall pay a sign-up fee of 600 EUR (Six hundred Euros) to enter into a contractual agreement with FAJIG. The fee is inclusive of 19% VAT.

(2) In the event the client finds employment after having paid the sign-up fee, FAJIG shall be entitled to a success fee of 12% (Twelve percent) of the client’s first gross annual salary as stipulated in their pertinent work contract. The obligation to pay the success fee exists irrespective of

the extent to which the client initiated usage or made use of the services of FAJIG under Article 2;
whether the job opportunity on which the employment is based stems from an application effort by FAJIG or the client;
whether the job opportunity on which the employment is based stems from a job application process or referral from before joining the coaching program;
whether the job opportunity on which the employment is based stems from a referral or network partner by FAJIG or the client;
whether the client enters into contractual relations with another coaching or consulting company allegedly providing comparable services as FAJIG while being part of the coaching program;
the client being able to find employment through their current employer (in their home country), for example as part of an intra-company transfer abroad;

The client agrees to the success fee being part of this agreement through payment of the sign-up fee. ‘Finding employment’ shall be deemed fulfilled upon signing of the respective work contract by the client, independent of the legal nature or content of the contract as an employment or freelance agreement, the duration period of the client’s services under that contract, or the role’s professional area, level or industry. This also applies if the client finds employment, or relocates to, or enters into agreement with a company based in any other European country including EU/EFTA member states and the UK, in the United States of America, Canada or Australia, or if the client accepts a job offer from a European, US-American, Canadian or Australian employer that hires the client remotely to work from their home country, either as employee or freelancer.

(3) It is the client’s obligation to inform FAJIG about any employment or any event falling under the definition and geographic scope of ‘finding employment’ enshrined in Article 3(2) without delay. In the event the client fails to provide or actively withholds any such information, FAJIG reserves the right to take any legal measures necessary to claim their success fee plus interest in accordance with these terms and the German Civil Code (BGB - Bürgerliches Gesetzbuch). Likewise, FAJIG reserves the right to pass on any legal cost incurred in that process to the client, such as FAJIG’s attorney fees, fees for communication with the police or immigration authorities, or fees for information requests through private service providers.

(4) FAJIG shall be entitled to claim the success fee after the client has accepted an employment or work offer in accordance with Article 3(2) - typically, but not exclusively, proven by virtue of signing electronically or writing manually. The client’s obligation to pay the success fee starts after the client has received the first monthly salary (as an employee) or comparable monthly remuneration (as a freelancer). This applies independent of the type of visa the client may hold at that time (e.g. Chancenkarte/Opportunity Card) and whether employment is part-time or full-time. Individual agreements on payment modalities and installments of the success fee (payment plan) shall apply. In case of a payment plan the client will receive a respective number of invoices on a monthly basis, each covering FAJIG’s claim during relocation and integration support. In any case, FAJIG shall be entitled to claim the entire success fee in one payment within 14 days if the client fails to adhere to the agreed payment plan. The first success fee invoice shall be due in the second month of the client’s employment or freelance relationship.

(5) If the client exceeds a period of 12 months (1 year) from the due date of the first monthly invoice to fulfill their remaining success fee obligations, FAJIG shall be entitled to charge a monthly interest as high as the applicable statutory basis interest plus 2% (Two percent) of the respective amount the client still owes to FAJIG on the date the next monthly invoice is issued. This does not apply if the client’s employment is terminated during that period.

(6) In the event of default of payment by the new employer to the client or any other complications, the client is obligated to inform FAJIG thereof immediately.

(7) In the event the client’s employment or work agreement is terminated by the employer before the client has fulfilled their payment obligations to FAJIG under this Article, it will be within the discretion of FAJIG to support the client with securing a new or other employment or work agreement. If a new or other employment or work agreement has been successfully secured, the new contract shall be the legal grounds for the success fee to FAJIG. This clause does not apply if the stipulated gross annual salary in the new contract is lower than the amount stated in the first contract.

(8) FAJIG reserves the right to claim their success fee until 3 (three) years after the day the client initiated usage of services under Article 2(1) and independent of termination of this agreement by the client at a later point in time.

(9) While both parties shall always attempt to settle any conflicts amicably, FAJIG reserves the right to follow a due dunning process under German law represented by a German lawyer in case the client fails to fulfill due payment obligations.

(10) All fees are inclusive of any applicable VAT or costs for online payment providers. Interests under Article 3(3) and (5) are not subject to VAT.

4 LIABILITY

FAJIG does not incur any liability for the success, the quality nor performance of their services. This applies to subjective expectations by the client or any case of damage mediately or immediately caused by the client to a third party. No liability is accepted for any inaccuracy, potentially misleading information or possible damages resulting from the services under this agreement. No part of the services shall be deemed to constitute or be taken as the provision of legal advice.

5 DURATION OF SERVICES & TERMINATION

(1) Performance and duration of services by FAJIG under Article 2(1) shall automatically end after payment of the final success fee invoice in accordance with Article 3.

(2) Services under the framework of the coaching program are guaranteed for as long as the client deems support necessary and is in compliance with the regulations under Article 2. (3) Any party has the right to terminate this agreement in accordance with the German Civil Code (BGB - Bürgerliches Gesetzbuch). However, termination of this agreement shall not exempt the client from the obligation to pay any applicable success fee in any of the events covered by Article 3.

(4) In the event the client terminates the agreement with FAJIG before making use of any services under Article 2(1), it is within the latter’s discretion to refund the paid sign-up fee.

6 RIGHT OF WITHDRAWAL FOR CLIENTS BASED IN GERMANY

(1) Clients based in Germany and the European Union are hereby informed that they have a right to withdraw from this contract under Section 355 of the German Civil Code (BGB - Bürgerliches Gesetzbuch).

(2) The withdrawal period is fourteen days from the date of conclusion of the contract as stipulated under Article 2. In order to exercise their right of withdrawal, the client shall inform FAJIG of their decision via email.

7 INTELLECTUAL PROPERTY

All intellectual property rights including copyright, rights in or relating to databases, performers’ rights, designs or trademarks resulting from the coaching services provided to the client (e.g. coaching information, video content or templates) by FAJIG shall be and remain exclusive with FAJIG. The client is not authorized to share, copy, modify, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any coaching material without prior written permission by FAJIG. The same applies to the recording on video or audio taping of coaching sessions. Breach of this clause shall entitle FAJIG to immediately terminate this agreement.

8 PRIVACY POLICY & DATA PROTECTION

FAJIG are bound by the principles of data avoidance and data minimization. The client’s data shall therefore only be stored as long as necessary to fulfill the purposes of this agreement or as long as it is the client’s express wish. The privacy policy of FAJIG, accessible through https://www.findajobingermany.de/privacy-policy shall be an integral part of the agreement.

9 SEVERABILITY CLAUSE

If any provision of this agreement is or becomes invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be affected. In such a case, statutory provisions shall apply, if available. However, under no circumstances shall this lead to a substantial modification of the agreement's content.

JOB MENTORING PROGRAM

1 SCOPE OF APPLICATION

These Terms and Conditions apply to the contractual relationship between Find a Job in Germany – Jochum, Kleis und Strunk GbR (hereinafter “FAJIG”) and the respective client, establishing FAJIG’s obligation to provide services supporting the client’s objective of finding suitable employment in Germany or another European country. By making payment in accordance with Article 3, the client agrees to these Terms and Conditions.

2 JOB MENTORING

(1) By joining the Job Mentoring Program (hereinafter “Program”), the client makes use of a subscription-based Coaching-as-a-Service product with a focus on the German job market. The Program includes consulting and guidance on the client’s profile, CV, job application strategies, interview scenarios, and information relevant to visa procedures and relocation. Services are provided through regular online coaching sessions (“Live Calls”) and a digital learning environment (“E-Learning Platform”). Live Calls take place as group coaching video calls at fixed times during the week, during which the client may ask questions and receive direct feedback on individual challenges. The E-Learning Platform is available on demand and provides digital materials supporting the client’s continuous progress.

(2) The client acknowledges that the Program constitutes solution-oriented accompaniment intended to develop the client’s individual skills and capacities to achieve personal objectives. Successful participation requires active involvement. The client agrees to invest an expected 6–10 hours per week by committing to the measures, following instructions, and implementing feedback.

(3) The Program is provided on a subscription basis and remains available for the duration of an active subscription. Services are made available from the date of successful sign-up and payment and remain accessible as long as the client maintains an active subscription and complies with these Terms and Conditions. The concrete scope, duration options, and pricing of the subscription are defined in the offer accepted by the client at the time of sign-up.

(4) All services provided by FAJIG under this agreement are personal and non-transferable.

3 FEES

(1) Participation in the Program is subject to a fee which is communicated to the client prior to the conclusion of the agreement via the respective offer, website, or checkout page. Fees are always due in advance for the respective billing period.

(2) Fees are determined by one of two enrollment options. Under the Monthly Subscription Plan, the client’s enrollment shall renew automatically for the same billing period until the subscription is terminated in accordance with Article 4. Under the Monthly Fixed-Term Payment Plan, the client shall be enrolled for a predefined multi-month term and is obligated to complete the sequence of installments specified in the offer, upon which all billing and Program access will terminate automatically at the conclusion of said term.

(3) The obligation to pay the applicable fee exists irrespective of the extent to which the client makes use of FAJIG’s services during a billing period, subject to statutory withdrawal rights under Article 4.

(4) FAJIG reserves the right to adjust their fees and enrollment options for future billing periods. However, any changes shall not affect clients with ongoing memberships, either monthly subscriptions or payment plans.

(5) FAJIG may offer promotional prices, discounts, or special conditions for certain subscription or payment options, or time periods. Such offers do not constitute a permanent price reduction and do not establish any entitlement to future pricing conditions.

(6) If a client terminates their membership and later re-enters the Program, any new enrollment shall be concluded exclusively under the pricing and conditions valid at the time of the new sign-up. Previous pricing, discounts, or special conditions shall not apply.

(7) All fees are inclusive of any applicable VAT and costs for online payment providers.

4 DURATION OF SERVICES

(1) The performance and duration of services by FAJIG under Article 2 are tied to the active subscription chosen by the client in accordance with Article 3, as defined in the offer accepted at the time of sign-up. FAJIG reserves the right to terminate this agreement or exclude the client from the Program in the event of non-compliance, including but not limited to disturbing live coaching sessions, acting against other clients, or infringing FAJIG’s intellectual property rights.

(2) The client may terminate the subscription at any time with effect at the end of the current billing period, unless a minimum term or fixed subscription period has been expressly agreed upon in the accepted offer. FAJIG shall provide a simple and directly accessible option to terminate subscription agreements concluded online, in accordance with Section 312k of the German Civil Code (BGB).

(3) If the client is a consumer within the meaning of applicable European Union consumer protection laws and is based in the European Union, they have a statutory right to withdraw from this agreement within fourteen (14) days without stating reasons. The withdrawal period shall be fourteen (14) days from the date of conclusion of the agreement. To exercise the right of withdrawal, the client must inform FAJIG of their decision to withdraw from the agreement by means of a clear statement via email to [email protected].

(4) In the event of withdrawal, FAJIG shall reimburse all payments received from the client without undue delay and no later than fourteen (14) days from the date on which FAJIG receives the notice of withdrawal.

(5) If the client withdraws after the provision of services has commenced, FAJIG shall be entitled to compensation corresponding to the proportion of services provided up to the time of withdrawal. Compensation shall be calculated exclusively on a time-based pro-rata basis in relation to the agreed subscription period and shall not depend on the extent or intensity of the client’s actual use of the Program. For the purpose of calculating time-based compensation, each subscription month shall be deemed to consist of thirty (30) days, irrespective of the actual calendar month in which the subscription started or ended.

(6) Reimbursement shall be made using the same means of payment used for the original transaction, unless expressly agreed otherwise.

5 LIABILITY

FAJIG does not assume liability for the success, quality, or performance of the services provided. This applies in particular to subjective expectations of the client or any damage directly or indirectly caused by the client to third parties.

FAJIG assumes no liability for inaccuracies, potentially misleading information, or damages resulting from the services provided under this agreement. No part of the services shall be deemed to constitute legal advice.

6 INTELLECTUAL PROPERTY

7 PRIVACY POLICY & DATA PROTECTION

8 SEVERABILITY CLAUSE