General Terms andConditions

These General Terms and Conditions apply to all business relationships between the sole proprietorship Md Hemayet Hossain (German Ostad) and its contracting partners (customers). A customer is any person using services of German Ostad, in particular companies recruiting skilled workers through German Ostad as well as skilled workers and trainees from abroad booking services, including online video courses, online live courses, workshops, and participation in application processes.

Deviating or supplementary customer terms become part of the contract only if expressly accepted by German Ostad in writing. These terms also apply if German Ostad performs services without reservation while aware of conflicting customer terms.

German Ostad may amend these terms with effect for the future. Changes will be announced to customers by email in due time. If the customer does not object within four weeks after receiving the notice, the changes are deemed accepted. The right to object and the legal effect of silence will be pointed out separately.

This section applies to all contracts and business relationships concerning recruitment between German companies and foreign skilled workers.

Contracts are concluded through individual negotiations between German Ostad and the company. A recruitment agreement comes into effect only when both parties sign a written agreement (text form is sufficient) defining the specific placement terms, including company requirements, the services of German Ostad, and remuneration.

Verbal or written offers of German Ostad are non binding until confirmed by the final agreement.

Compensation for recruitment services is agreed individually in the recruitment contract and becomes due once placement is successful, meaning an employment or training contract has been concluded between the company and the candidate. Unless otherwise agreed, the placement fee is a percentage of the annual gross salary, with a minimum of 15 percent. For trainees, the fee is calculated based on annual gross salary of the third training year. The fee remains payable even if the employment or training contract ends early, irrespective of reason, without prejudice to Section 7.

The recruitment contract between the company and German Ostad runs for an indefinite period and may be terminated by either party at any time with 30 days notice to month end. Termination must be sent by email or post. Costs and fees accrued until the termination becomes effective remain due in full.

In addition to recruitment, German Ostad offers optional services for companies and for skilled workers or trainees directly. These services are booked separately and billed separately.

Otherwise, the provisions of Sections 2.2, 2.3, and 2.5 apply mutatis mutandis.

This section applies to all contracts and business relationships concerning participation in online video courses, online live courses, and workshops, such as language courses, application training, or integration courses. Participants receive individual guidance, including support for CVs, cover letters, and application documents, interview preparation, and feedback to improve chances in the German labor market. German Ostad may also provide integration workshops and personal consulting including information on relevant administrative procedures and everyday requirements.

Presentation of workshops and online courses on the website does not constitute a binding offer but an invitation for the customer to submit an offer. The customer makes a binding offer by completing the booking process. A contract is formed when German Ostad accepts the offer by confirmation. German Ostad may reject offers without giving reasons. There is no entitlement to contract conclusion.

An instruction on the right of withdrawal is attached at the end of these terms.

The contract language is German. Essential characteristics of the services are described in the relevant product descriptions.

After booking, participants receive an email with access data and links. Video course content is usually available for a defined period, for example six months, while live courses and workshops are held on fixed dates.

Participation requires an internet capable device such as PC, laptop, tablet, or smartphone and a stable internet connection. Live courses and workshops additionally require microphone and camera for active participation.

Customers receive a simple, non transferable right of use to purchased materials and online content for the contract duration. Sharing content with third parties without express permission is prohibited.

Prices for products and services are shown on the website and include statutory VAT. Unless otherwise specified, payment may be made by credit card, PayPal, or bank transfer. German Ostad may exclude specific payment methods in individual cases. Invoice amounts are due immediately upon receipt of order confirmation.

Customers may cancel course or workshop registrations free of charge up to 14 days before scheduled start. Cancellation must be in text form. For cancellations less than 14 days before start, German Ostad may charge a cancellation fee of 50 percent of the course fee. Cancellations on the course day or later are not possible and the full course fee becomes due. The customer may prove that no damage or lower damage occurred. If cancellation is timely, paid fees are refunded within 14 days to the original payment method after deduction of applicable cancellation fees.

Under Section 7 paragraph 3 of the German Unfair Competition Act (UWG), German Ostad may send direct email advertising to customers for similar own goods or services.

The customer may object to this use at any time, for example by email, without incurring costs other than transmission costs at basic rates.

Personal data required to perform the contract are processed for order handling purposes, such as contact, fulfillment, and billing, pursuant to Article 6 paragraph 1 point b GDPR. Data are not disclosed to third parties unless needed to perform the order, based on legitimate interests, or required by law. Data are deleted when no longer required and no statutory retention or warranty periods apply.

Data subjects have rights to free information on stored data, and where applicable rights to rectification, erasure, restriction of processing, objection, and data portability. Complaints may be submitted to the competent supervisory authority. Consent based processing may be withdrawn at any time with effect for the future.

If personal data are processed on the basis of legitimate interests under Article 6 paragraph 1 point f GDPR, the data subject has the right to object under Article 21 GDPR with effect for the future for reasons arising from the specific situation. For direct marketing, a general right to object applies without stating specific reasons.

German Ostad is liable without limitation for intent and gross negligence. For slight negligence, liability exists only in case of breach of an essential contractual obligation whose fulfillment is necessary for proper contract performance and on which the customer may regularly rely.

In cases of slight negligence, liability is limited in amount to foreseeable damage typical for the contract at the time of contract conclusion.

The above limitations do not apply to injury to life, body, or health, fraudulent concealment of defects, or assumed guarantees.

The law of the Federal Republic of Germany applies, excluding the CISG and conflict of law referral rules. Mandatory consumer protection provisions of the state of residence remain unaffected where applicable.

Place of performance for all obligations and place of jurisdiction is Saarbruecken if the customer is a merchant, legal entity under public law, or special fund under public law.

If individual provisions of these terms are or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.