Conditions

§ 1 Scope of application and provider

(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between J&N Palabras Consulting UG (hereinafter provider) and you (hereinafter customer), in the version valid at the time the contract is concluded.

(2) Differing terms and conditions of the customer will be rejected.

Please read these conditions carefully before using a service from J&N Palabras Consulting UG.

(3) On jnpalabras.com we offer you the following services:

– Language training in online conferences

– Language training in face-to-face events

– Cultural training in online conferences

– Cultural training in face-to-face events

– personal customer service

- Consulting activities

– Placement of nursing staff

– Community membership

– Coaching and mentoring programs

§ 2 Formation of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The customer must be 18 years of age or older.

(3) Access to the jnpalabras service requires registration.

(4) By registering, the customer accepts these General Terms and Conditions. When you register, a contractual relationship arises between jnpalabras and the registered customer, which is governed by the provisions of these General Terms and Conditions.

(5) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is simply invited to make an offer.

(6) By ordering a paid service, the registered customer enters into a further contractual relationship with jnpalabras that is separate from the registration. Before concluding this contractual relationship, the user will be informed about the respective paid service and the payment conditions. The contractual relationship is created when the customer confirms the order and payment obligation by clicking the “Confirm order” button.

(7) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the website. We will inform you for each service whether an electronic invoice is available. For more information about electronic invoices, visit our website.

§ 3 Description of the scope of services

The scope of services provided by jnpalabras consists of the following services:

The user can register on the website for free. Free use is limited to contacting us for a non-binding consultation. If the customer wants to use the website without restrictions, he or she can take out a paid subscription.

§ 4 Prices and shipping costs

(1) To use jnpalabras, you must first register.

(2) In order to be able to purchase the services of the website, the user must register and create a user account.

(3) If the user wishes to use a paid service, he or she will be informed in advance of the cost. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.

(4) The provider reserves the right to calculate different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.

§ 5 Terms of payment

(1) Any applicable fee must be paid to jnpalabras in advance at the time it is due without deduction.

(2) By registering, providing the information necessary for the payment process and using the paid service, the user authorizes the operator to collect the corresponding amount.

(3) A paid service is automatically extended for the period booked (subscription) unless it is canceled by telephone, email or letter.

(4) The subscription will be collected at the following time: Agreement with the customer

(5) Certain payment methods can be excluded by the provider in individual cases.

(6) The customer is not permitted to pay for the service by sending cash or checks.

(7) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.

(8) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order.

(9) If the provider offers payment by credit card and the customer chooses this payment method, he expressly authorizes the provider to collect the amounts due.

(10) If the provider offers payment by direct debit and the customer chooses this payment method, the customer issues the provider a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or incorrect bank details, the customer must bear the costs.

(11) If the customer defaults on payment, the provider reserves the right to claim damages due to the delay.

(12) Processing can be carried out using the following payment methods:

- Paypal

- Credit card

- Gift card

- Direct debit:

In the event of a return debit for which the purchaser is responsible, J&N Palabras Consulting UG will charge a flat-rate compensation of €5 (five euros). The customer can prove that no damage occurred at all or that it was significantly lower than the flat rate. The above regulations apply accordingly to payments of the purchase price of goods sold by third-party providers.

- Instant bank transfer

- Prepayment

§ 6 Registration and termination

(1) The customer further declares that he and, to his knowledge, no member of his household have a criminal record for an intentional crime that endangers the safety of third parties, in particular not for a crime against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or because of theft and embezzlement ( §§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or because of drug abuse.

(2) A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties.

(3) A user is entitled, subject to reservation, to unsubscribe in writing by post, email or telephone at any time without giving a reason. At the same time, you have the option of deactivating it completely and yourself within the data and settings in the user account. The previously concluded contractual relationship is thus ended.

(4) If a user has registered for a paid service, he or she can cancel at least 14 days before the booking period. If this deadline is not met, the paid service will be extended by this amount depending on the booking time selected and the termination will only become effective at the end of the subsequent booking period. Cancellation is possible by telephone, email or letter and will be confirmed by us in writing. In order for your cancellation to be assigned, the customer's full name, email address and address should be provided. In the case of cancellation by telephone, the individual telephone password is required.

(5) jnpalabras may terminate the contract at any time at its sole discretion, with or without prior notice and without giving reasons. palabrashd further reserves the right to remove profiles and/or any content published on the website by or by the user. If palabrashd terminates the user's registration and/or removes the user's profiles or published content, palabrashd has no obligation to inform the user about the reason for termination or removal.

(6) Following any termination of any individual use of palabrashd's services, palabrashd reserves the right to send information about this to other registered users with whom jnpalabras assumes that they have been in contact with the user. palabrashd's decision to terminate the user's registration and/or to notify other users with whom jnpalabras assumes that the user has been in contact does not imply or in no way state that palabrashd makes any statements about the individual character, general reputation, personal characteristics meets the lifestyle.

(7) Users are obliged not to provide any intentional or fraudulent false information in their profile or other areas of the portal. Such information may result in civil legal action. In such a case, the operator also reserves the right to terminate the existing contractual relationship with immediate effect.

(8) If a user's access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the user must pay compensation for the remaining contract term in the amount of the agreed fee less the saved expenses. The amount of saved expenses is set at a flat rate of 10% of the salary. Both contracting parties are free to prove that the damage and/or the saved expenses are actually higher or lower.

(9) After termination of the contractual relationship, all of the user's data will be deleted by jnpalabras.

§ 7 Limitation of liability (services)

(1) jnpalabras assumes no responsibility for the content and accuracy of the information in the registration and profile data of the purchasers or any other content generated by the purchasers.

(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective purchasers involved. Therefore, palabrashd is not liable for the services provided by participating customers. Accordingly, all matters relating to the relationship between the purchasers, including, without exception, the services received by a seeker or payments due to the purchaser, should be addressed directly to the respective party. palabrashd cannot be held responsible for this and hereby expressly rejects all possible liability claims of any kind whatsoever, including claims, services, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in whatever manner in connection with the matters mentioned.

(3) J&N Palabras Consulting UG is only liable for damages resulting from injury to life, body or health if they are due to an intentional or negligent breach of duty by J&N Palabras Consulting UG or an intentional or negligent breach of duty by a legal representative or vicarious agent of J&N Palabras Consulting UG.

(4) J&N Palabras Consulting UG Europe is only liable for other damages, insofar as they are not based on the violation of cardinal obligations (those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely), if they are based on an intentional or grossly negligent breach of duty by J&N Palabras Consulting UG or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of J&N Palabras Consulting UG.

(5) Claims for damages are limited to foreseeable, contract-typical damage. In the event of delay, they amount to a maximum of 5% of the order value.

(6) Claims for damages based on injury to life, body or health or freedom expire after 30 years; otherwise after 1 year, whereby the statute of limitations expires at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence (Section 199 Para. 1 BGB) .

(7) The provider reserves the right to check the content of a text written by a user and uploaded files for compliance with the law and, if necessary, to delete it in whole or in part.

§ 8 Offsetting and right of retention

(1) The customer only has the right to offset if the customer's counterclaim has been legally established or has not been disputed by the provider.

(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 9 Cancellation policy

(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

(2) Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period for services is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must contact us:

J&N Palabras Consulting UG

Alte Eppelheimerstr. 48

69115 Heidelberg

Germany

Email: info@jnpalabras.com

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form on our website or send us another clear declaration. If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation.

To meet the cancellation deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired and that you have returned the goods via our online returns center within the deadline defined below.

(3) Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.

(4) Exceptions to the right of withdrawal

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not exist or expires for the following contracts:

- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;

- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;

- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs

- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;

- in the case of services, if palabrashd has provided these in full and you have acknowledged and expressly agreed before placing the order that we can begin to provide the service and you lose your right of withdrawal upon complete fulfillment of the contract;

- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; and

- for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.

§ 10 Data protection

(1) If personal data (e.g. name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data over the Internet (e.g. via email) may have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this regard is excluded.

(3) Third parties are not entitled to use contact details for commercial activities unless the provider has given the data subjects prior written consent.

(4) You have the right to receive complete and free information from jnpalabras about the data relating to you at any time.

(5) The user also has the right to correct/delete data/restrict processing.

(6) Further information on data protection can be found in the separate data protection declaration.

§ 11 Cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

(3) Through the use of cookies, users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, which are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).

(5) You can object to the storage of cookies; there is a banner available to you that you can object to/accept.

(6) Of course, you can set your browser so that no cookies are stored on your hard drive or cookies that have already been stored are deleted. Instructions regarding preventing and deleting cookies can be found in the help function of your browser or software manufacturer.

§ 12 Place of jurisdiction and applicable law

(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

§ 13 Final provisions

(1) The contract language is German.

(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use palabrashd with the involvement of a parent or guardian.

(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion where you breach these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, rules and conditions including these General Terms and Conditions at any time. The conditions of sale, contractual conditions and general terms and conditions in force at the time of your order will apply to your order, unless a change to these conditions is required by law or by official order (in which case they will also apply to orders which you have previously made). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this case occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.

General Terms and Conditions (GTC) for personnel placement

1. unless otherwise agreed in writing in individual cases, the following General Terms and Conditions of J&N Palabras (UG), hereinafter referred to as Palabras, shall apply exclusively. They apply to all contracts for personnel placement and all other personnel services. Any deviating terms and conditions of the client shall be deemed to be contradicted and are excluded.

2. the client recognizes the causal consulting, search and placement activities of Palabras in contracts for personnel placement.

3. data on positions to be filled and on applicants shall only be collected, processed and used insofar as this is necessary for project development. The client undertakes not to use the data and information provided to him for purposes other than those intended or to pass it on to third parties. The parties mutually undertake to comply with the statutory provisions on data protection and shall ensure that they are complied with. The above obligations shall survive the termination of the cooperation.

4. the information provided by Palabras about an applicant is based on the information provided by the applicant himself or on information provided by third parties. Palabras can therefore not assume any liability for the accuracy and completeness of the information.

5 Palabras does not guarantee that the applicant will meet the expectations set by the client or achieve certain work results. A guarantee for the work of the placed applicant is excluded.

6 Otherwise, Palabras' liability shall be governed by the statutory provisions. In the event of damage caused by negligence, Palabras shall only be liable in the event of a breach of a material contractual obligation, but limited to the amount of damage foreseeable at the time of conclusion of the contract and typical for the contract. This does not apply to bodily injury/death. Palabras shall not be liable for indirect or consequential damages to the extent permitted by law.

7 Insofar as a claim is made against Palabras by an applicant due to violations of the AGG for which the customer is responsible, the customer shall indemnify Palabras against all claims in this respect, including legal costs.

8. if an applicant introduced by Palabras has already applied to the customer at an earlier date or in parallel, the customer is obliged to inform Palabras of this within 3 working days. In this case, Palabras shall not provide any further services with regard to this applicant. However, the customer may instruct Palabras to continue working on this applicant. If the customer does not inform Palabras within 3 working days about the earlier or parallel application of the presented applicant, he shall be liable for the damage incurred by Palabras due to the fact that Palabras has continued to work for lack of timely notification.

9. a contract for personnel placement can be terminated by either party at any time without notice. The date of termination shall be the date of receipt by Palabras or the client (date of receipt stamp). If an employment relationship is established between the client and an applicant proposed by Palabras after termination of the recruitment contract, the fee shall still be due in full. The costs incurred up to the time of termination from all other agreed and rendered services shall also be reimbursed to Palabras without deduction; this provision also expressly applies to advertisements which have already been commissioned but not yet published.

10. unless otherwise agreed, Palabras' entitlement to a placement fee (final installment) is established by the conclusion of a valid employment contract between the employer and the applicant. It is irrelevant whether the applicant actually has the qualifications described in the job profile. If one of the two parties terminates the employment contract before the start of work or if the applicant does not start work, Palabras' claim to the fee and to reimbursement of the costs of all other agreed and provided services shall nevertheless remain in force.

11. the client undertakes to notify Palabras in writing (copy of the employment contract) of the conclusion of an employment contract with an applicant proposed and/or assessed by Palabras within 5 days of signing the contract.

12. if the employment contract is concluded on terms other than those offered or if it is concluded with another applicant proposed and/or assessed by Palabras or if an applicant is provided for a job that differs from the job description, this shall not affect Palabras' entitlement to a fee.

13. the invoice amount is due upon receipt of the invoice without deduction and must be paid within 8 days of receipt of the invoice, whereby the date of receipt of payment by Palabras is decisive. If payment is not made on time, the customer shall be in default even without a reminder.

14 Applicants and other persons presented at job interviews are not entitled to receive any fees or monetary benefits to which Palabras is entitled as a result of processing the order.

15. costs incurred by applicants in connection with job interviews at Palabras or at the client shall be reimbursed by the client at the applicant's request in accordance with the statutory provisions.

16 Verbal collateral agreements do not exist at the time of conclusion of the contract. All amendments and addenda to the contract must be made in writing; verbal or telephone commitments must also be confirmed in writing to be effective.

17 German law shall apply to the exclusion of German private international law. The place of jurisdiction for disputes arising in connection with the contract is Mannheim. This shall also expressly apply to disputes in documentary, bill of exchange and check proceedings.

18 Should a provision of the contract or the General Terms and Conditions be or become incomplete or invalid, this shall not affect the validity of the contract and the remaining provisions. A provision shall then be deemed to have been agreed which comes as close as possible to the intention expressed in the contract.

last updated: November 7th, 2022