TERMS AND CONDITIONS

Personal Coaching Program

Last updated: April 15, 2024



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 are provided within the following content framework: Onboarding, positioning, approaching, interviewing and relocation. This framework covers access to a digital coaching area including a video course, a personal CV session to professionalize the client’s application dossier, update calls for strategy and progress management, mock interviews to prepare for and practice interview scenarios, relocating and settling in Germany (integration support), and the regular assistance and feedback through a joint Whatsapp group chat during business hours. FAJIG will deliver such services through online support including the provision of instructions, templates, the sharing of advice, the approaching of employers by FAJIG in the client’s name, and the demonstration of proven job-finding methods to the client. Activities shall be 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.

(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) 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. 

(4) 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.

(5) 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.

(6) 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 500 EUR (Five hundred Euros) to enter into a contractual agreement with FAJIG.

(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 the pertinent work contract. The obligation to pay the success fee exists irrespective of

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 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) In the event the client fails or refuses to disclose their gross annual salary or other income to FAJIG after finding employment pursuant to Article 3(2), the success fee shall be set to the amount of 9.000,00 EUR (Nine thousand Euros) as a lump sum.

(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). 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 at a rate of 3% (Three 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 those 12 months.

(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) While both parties shall always attempt to settle any conflicts amicably, FAJIG reserves the right to follow a due dunning process under German law and represented by a German lawyer in case the client fails to fulfill due payment obligations. The success fee can and will be claimed by FAJIG 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) All fees are inclusive of any applicable VAT or costs for online payment providers. Interests under Article 3(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 (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    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.


7    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 this agreement.


8    SEVERABILITY CLAUSE


If any of the aforementioned regulations do not completely or partially form an integral part of this agreement, or are held to be illegal or invalid for any reason, the legality or validity of the rest of the agreement shall not be affected.