GTC

§ 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 referred to as "Supplier") and you (hereinafter referred to as "Customer") in the version valid at the time of conclusion of the contract.

(2) Deviating general terms and conditions of the customer are rejected.

Please read these terms and conditions carefully before using a service provided by 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 have reached the age of 18.

(3) Access to the jnpalabras service requires registration.

(4) By registering, the customer accepts these GTC. Registration creates a contractual relationship between jnpalabras and the registered customer, which is governed by the provisions of these GTC.

(5) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely invites the customer to make an offer.

(6) By ordering a chargeable service, the registered customer enters into a further contractual relationship with jnpalabras that is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship is established when the customer confirms the order and payment obligation by clicking on the „Confirm order“ button.

(7) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each service whether an electronic invoice is available. Further information about electronic invoices can be found on 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 free of charge. Free use is limited to making contact for a non-binding consultation. If the customer wishes to use the website without restriction, they can take out a paid subscription.

§ 4 Prices and shipping costs

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

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

(3) If the user wishes to make use of a chargeable service, he will be informed in advance of the chargeable nature of the service. In particular, the respective additional scope of services, the costs incurred and the method of payment shall be listed.

(4) The Provider reserves the right to charge 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 fees incurred are to be paid in advance to jnpalabras without deduction at the due date.

(2) By registering, providing the information required for the payment procedure and using the chargeable service, the user authorizes the operator to collect the corresponding amount.

(3) A fee-based service is automatically renewed for the booked period (subscription) unless it is terminated by telephone, e-mail or letter.

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

(5) Certain payment methods may 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 supplier to collect the amounts due at the time of the order.

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

(9) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Supplier to collect the amounts due.

(10) If the Supplier offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Supplier a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to a lack of funds in the account or due to incorrectly transmitted bank account details, the customer shall bear the costs.

(11) Should the customer be in default of payment, the supplier reserves the right to claim damages for default.

(12) Settlement can be made using the following means of payment:

- Paypal

- Credit card

- Gift card

- Direct debit:

In the event of a return debit note for which the customer is responsible, J&N Palabras Consulting UG shall charge a flat-rate compensation fee of €5 (five euros). The customer can prove that no damage has been incurred at all or that it is significantly lower than the lump sum. The above provisions shall apply accordingly to payments of the purchase price of goods sold by third-party suppliers.

- Instant bank transfer

- Prepayment

§ 6 Registration and termination

(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has a criminal record for an intentional criminal offense that endangers the safety of third parties, in particular for an offense against sexual self-determination (§§ 174 ff. StGB), an offense against life (§§ 211 ff. StGB), an offense against physical integrity (§§ 223 ff. StGB), an offense against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for 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) Subject to reservation, a user is entitled to unsubscribe at any time in writing by post, e-mail or telephone without stating a reason. At the same time, it is possible to deactivate the user account completely and manually within the data and settings in the user account. The previously concluded contractual relationship is thereby terminated.

(4) If a user has registered for a paid service, he/she can cancel at the latest 14 days before the booking period. If this deadline is not met, the paid service will be extended by the selected booking period and the termination will only take effect at the end of the subsequent booking period. Cancellation is possible by telephone, e-mail or letter and will be confirmed by us in writing. The customer's full name, e-mail address and postal address must be provided so that your termination can be assigned. In the case of termination by telephone, the individual telephone password is required.

(5) jnpalabras may terminate the Agreement at any time in its sole discretion, with or without notice and without cause. palabrashd further reserves the right to remove profiles and/or any content posted on the Site by or through the User. If palabrashd terminates the User's registration and/or removes the User's profile or published content, palabrashd is under no obligation to inform the User of this or the reason for the termination or removal.

(6) Following any termination of any individual use of palabrashd's services, palabrashd reserves the right to send a notification of 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 state that palabrashd makes any statements about the individual character, general reputation, personal characteristics or lifestyle.

(7) Users are obliged not to make any deliberate or fraudulent false statements in their profile and other areas of the portal. Such statements may result in civil action. Furthermore, the operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case.

(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 term of the contract in the amount of the agreed fee less the expenses saved. The amount of expenses saved shall be set at a flat rate of 10% of the fee. Both contracting parties are at liberty to prove that the damage and/or the expenses saved are actually higher or lower.

(9) After termination of the contractual relationship, all user 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 customer and other content generated by the customer.

(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating customers. Therefore, palabrashd shall not be liable for the performance of the participating customers. Accordingly, all matters relating to the relationship between the Ordering Parties, including, without limitation, services received by a Seeker or payments due to Ordering Parties, shall be addressed directly to the respective party. palabrashd shall not be held responsible for and hereby expressly disclaims all liability of any kind whatsoever, including claims, benefits, direct or indirect damages of any kind whatsoever, intentional or unintentional, suspected or unsuspected, disclosed or undisclosed, in connection with the aforementioned matters.

(3) J&N Palabras Consulting UG shall only be liable for damages resulting from injury to life, body or health if they are based on 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 shall only be liable for other damages, insofar as they are not based on the breach of cardinal obligations (such obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may 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 shall be limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 5% of the order value.

(6) Claims for damages based on injury to life, limb, health or freedom shall lapse after 30 years; otherwise after 1 year, whereby the limitation period shall commence at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).

(7) The provider reserves the right to check the content of a text written by a user as well as 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 shall only be entitled to set-off if the Customer's counterclaim has been legally established or has not been disputed by the Supplier.

(2) The customer may only exercise a right of retention if its 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 withdraw from this contract within fourteen days without giving any reason.

The withdrawal period for services is fourteen days from the date of conclusion of the contract.

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

J&N Palabras Consulting UG

Alte Eppelheimerstr. 48

69115 Heidelberg

Germany

E-mail: info@jnpalabras.com

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

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online returns center within the period defined below.

(3) Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

(4) Exceptions to the right of withdrawal

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

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, e-mail 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 on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.

(3) Third parties are not authorized to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned.

(4) You have the right to receive information from jnpalabras about your personal data at any time, in full and free of charge.

(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.

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

§ 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 for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited 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) The use of cookies can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, most of which are 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 persistent cookies).

(5) You can object to the storage of cookies by clicking on the banner to which you can object/accept.

(6) Of course, you can set your browser so that no cookies are stored on your hard disk or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of 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 shall apply 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 use palabrashd only with the involvement of a parent or guardian.

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

(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions including these GTC at any time. Your order will be subject to the terms and conditions of sale, contract and GTC in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders previously placed by you). If any provision of these Terms of Sale is held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.

General Terms and Conditions (GTC) for Recruitment

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 candidate will fulfill 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 that have already been commissioned but have not yet been 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 closest to the intention of the contract as expressed in a permissible manner.

last update: 07.11.2022