General Terms and Conditions (GTC) of InfinityTime Personal GmbH

1. Subject of the Contract

1.1. These General Terms and Conditions (GTC) regulate the provision of employees (hereinafter referred to as "temporary workers") by InfinityTime Personal GmbH (hereinafter referred to as "Lender") to client companies (hereinafter referred to as "Borrower").
1.2. InfinityTime Personal GmbH lends its employees to its clients (Borrower) based on the German Temporary Employment Act (Arbeitnehmerüberlassungsgesetz, AÜG). InfinityTime Personal GmbH was granted the permit for commercial temporary employment on July 3, 2024, by the Federal Employment Agency, Regional Directorate Bavaria in Nuremberg, in accordance with Section 1 (1) of the AÜG.
1.3. The Lender is a member of the Association of German Temporary Employment Agencies (iGZ) and applies the iGZ-DGB collective agreement.

2. Establishment and Execution of the Employment Relationship

2.1. The employment relationships of the temporary workers are governed by the provisions of the iGZ-DGB collective agreement in its current valid version.
2.2. The temporary workers are deployed according to their qualifications and skills and are entitled to perform their work within the agreed activities.
2.3. All essential characteristics are to be agreed exclusively with InfinityTime Personal GmbH. The Borrower undertakes to employ the temporary workers of InfinityTime Personal GmbH only within the legal working hours.

3. Conditions of Deployment

3.1. The place of deployment is the location of the respective branch. Changes to the place of deployment and the work area entitle InfinityTime Personal GmbH to change the hourly billing rate.
3.2. The Borrower undertakes to ensure compliance with statutory occupational health and safety regulations at the place of deployment and to instruct the temporary workers in the necessary safety regulations.
3.3. If a temporary worker refuses to start work or terminates the work, InfinityTime Personal GmbH will provide a replacement worker: if this is not possible, InfinityTime Personal GmbH is released from the order.

4. Remuneration and Billing

4.1. The remuneration of temporary workers is in accordance with the provisions of the iGZ-DGB collective agreement. The wage and salary groups and allowances stipulated therein apply.
4.2. Allowances:

• Overtime: 25%

• Saturday work: 50%

• Sunday and public holiday work: 100%

• Night work: 25%

4.3. The billing of the hours worked is based on the time records confirmed by the Borrower.

5. Obligations of the Borrower

5.1. The Borrower undertakes to employ the temporary workers only for the agreed activities and not to lend them to third parties.
5.2. The Borrower is responsible for the proper maintenance of the time records and the timely confirmation of the hours worked.

6. Liability and Warranty

6.1. The Lender is not liable for damages caused by the temporary workers in the course of their work for the Borrower, unless there is intent or gross negligence.
6.2. If third parties assert claims against the Lender and its employees due to the activities of the temporary workers, the Borrower is obliged to indemnify the Lender and its employees against such claims.
6.3. Complaints must be made on the day they are discovered, at the latest within one week after the occurrence of the circumstances giving rise to the complaint, in writing and exclusively to the Lender. Late complaints are excluded. In the event of a timely complaint, InfinityTime Personal GmbH is only liable for rectification within the scope of its liability; further claims, in particular claims for damages, are excluded.

7. Confidentiality and Data Protection

7.1. All employees of InfinityTime Personal GmbH are contractually bound to absolute confidentiality regarding all business matters of the Borrower.
7.2. The Lender processes the personal data of the temporary workers and the Borrower in accordance with the statutory data protection regulations. All necessary data are recorded electronically and passed on within the framework of a contract.

8. Invoicing and Payment Terms

8.1. Invoices from InfinityTime Personal GmbH are to be paid without deduction immediately upon receipt. Temporary workers are not authorized to collect payments. Claims of the Borrower, regardless of the reason, cannot be deducted.

9. Termination of the Assignment

9.1. An assignment can be terminated by either party with one week's notice to the weekend. This termination is effective if it is declared to InfinityTime Personal GmbH. A weather-related immediate termination is excluded.
9.2. If the Borrower determines within the first 4 hours that a temporary worker from InfinityTime Personal GmbH is not suitable for the intended tasks and insists on a replacement, up to 4 working hours will not be charged.

10. Final Provisions

10.1. Collateral agreements and amendments to the contract must be in writing to be effective. Should any provision or part of a provision of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions or parts of the remaining provisions.
10.2. The exclusive place of jurisdiction is the location of the respective branch.