AGB - General Terms and Conditions
AGB - General Terms and Conditions
The use of the platform provides a sustainable solution for the shortage of skilled workers in the healthcare sector. Care facilities in Germany are connected with qualified caregivers from both domestic and international locations, offering a comprehensive end-to-end solution from recruitment to integration. This includes the placement of skilled workers, language and integration courses, support in the recognition of foreign qualifications, aftercare, and additional services such as advice on visa and residence applications. The geographical focus is on the EU and Asia, ensuring long-term support for caregivers and employers.
By using the platform on the website, healthcare institutions are provided with a comprehensive solution to sustainably address the shortage of skilled workers in the care sector. The offer includes the recruitment of qualified caregivers from both domestic and international locations, who are prepared for their work in Germany through language and integration courses. Additionally, the recognition of foreign nursing qualifications is supported, and both caregivers and employers benefit from long-term support to ensure successful integration into the German labor market. Additional services include advice on visa and residence applications as well as legal frameworks.
1. Definitions and Scope
SCAILE Technologies GmbH, Jungfrauenthal 8, 20149 Hamburg, registered at the Hamburg District Court under registration number HRB: 191310 (hereinafter referred to as “NextNurse” or “Operator”), operates the accessible NextNurse online platform (hereinafter referred to as “Platform”). “Users” are all individuals, whether consumers or entrepreneurs, who wish to use or are already using NextNurse, or users or entrepreneurs who commission NextNurse with paid offers, planning, services, or construction services via the platform.
These General Terms and Conditions (hereinafter referred to as T&Cs) apply to all users for registration on the online platform, their use, and all business transactions performed between the contracting parties under the use of the platform. They also apply to future contracts unless something else is expressly agreed or referred to at the time the contract is concluded.
By registering, the user confirms the inclusion of these T&Cs, which can be accessed at any time via the link. The contract text is not stored by NextNurse. The contract language is German.
User terms and conditions do not apply, even if the operator does not explicitly object to their applicability in individual cases. Even if the operator refers to a document containing or referring to user terms and conditions, this does not imply agreement with their validity.
2. Formation of the User Relationship
2.1. The user relationship between the operator and the user is established upon registration or request from the user on the platform. Registration or a request is not required for exclusive read-only access to publicly accessible content or services in areas that do not require registration.
2.2. Only users who have reached the age of 18 can place a request and create a user account. The user is responsible for protecting their user account from unauthorized access by third parties. If the user wishes to use services such as analysis and offer creation on the website, they will be prompted at the end of the online questionnaire to enter their data into the respective registration form, e.g., their name, email address, and telephone number. The registration process can only be successfully completed if the required mandatory information is provided. By confirming the data entered, the user submits an offer to enter into a user relationship. The operator accepts the user’s offer by sending an email to the user confirming the registration. The user relationship is considered established upon receipt of this email by the user. The receipt of this email is confirmed by the user.
2.3. Registration for a company may only be carried out by an appropriately authorized and designated natural person as the company’s contact person. The operator can request proof of identity or authorization at any time.
2.4. Conclusion of the user contract and registration within the framework of the (automated) current state analysis and the non-binding consultation have no payment or other obligations for the user without availing additional (paid) services.
3.1. A contract for the use of paid services, such as consulting services or project inquiries, is concluded through separate registration by the user for the respective service or by completing and submitting the order form, and acceptance of this offer by the operator through the delivery of an electronic order confirmation or implicitly by providing the service. The operator can condition the use of paid services on a user identity verification.
3.2. All offers by NextNurse are non-binding and without obligation unless something else results from the specific offer. There is no entitlement to registration or permission to access the registration-required project space (“My NextNurse App”). The operator can set special registration requirements for individual offers at any time.
4. Services
4.1. Analysis and Offer
4.1.1. NextNurse offers the option to perform an analysis and create offers on its platform. As part of the analysis, the user provides further information based on targeted questions and answer options. The NextNurse technology analyzes the necessary basis for project realization based on user information, particularly automating what costs, efforts, benefits, and project processes would result from potential projects and implementations. Subsequently, NextNurse makes available to the user, after completing the analysis, the automatically calculated result of the project based on the entered data.
4.1.2. The user is allowed to use the result of the analysis, offer overviews, or project processes only for internal information purposes or to commission NextNurse or a service provider/contractor mediated by NextNurse with the planning and implementation of the planned project. Passing on or disclosing to other third parties is prohibited.
4.1.3. The liability limitation in Clause 11.5 is expressly pointed out.
4.2. Planning and Implementation of the Project by NextNurse
4.2.1. NextNurse generally submits an offer to the user after completing the analysis and/or request by the user.
4.2.2. If the user wishes to accept NextNurse's offer, they can declare this by sending a binding order email or a digital signing of the offer.
4.2.3. Billing is carried out via NextNurse.
4.2.4. NextNurse reserves the right to have its performance obligations towards the user carried out by a subcontractor.
4.2.5. As part of the advice, NextNurse may mediate additional external service providers to the user who can implement individual or overarching measures. The following provisions (Clause 4.3) apply to the contractual relationship between the user and the external party.
4.2.6. If a funding application is not approved, the customer is partially reimbursed for the amount paid for the “Funding Service.” Incidental costs and any previously paid charges for commissioned and provided additional/special planning services are not included in the refund. If the funding is not approved because the client, manufacturer, or service provider does not meet the funding criteria during the implementation, the refund claim lapses.
4.3. Implementation by External Service Providers
4.3.1. For planning services and/or project implementations for which NextNurse submits an offer, NextNurse reserves the right to also provide users with a list of offers from external service providers/partners working with NextNurse and suited to implement the planned project (hereinafter referred to as
