Terms & Conditions

§1 – Scope and contracting parties

(1) These general Terms of Use apply to all contracts for the placement of medical personnel between gomedix GmbH, Königstraße 34, 33330 Gütersloh, Germany (hereinafter “gomedix”) and the client (hospital, clinic, medical care centre (MVZ), practice or other medical institution, hereinafter “Client”).

(2) These terms apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law. They are not directed at consumers.

(3) These GTC also apply to all future contracts between gomedix and the client, even if their applicability is not expressly agreed again.

(4) Conflicting terms and conditions of the client, or terms deviating from these terms, shall not become part of the contract unless gomedix has expressly agreed to their applicability in text form. This also applies where gomedix renders its services without reservation in the knowledge of such terms.

§2 – Subject matter of the services

(1) gomedix provides recruitment placement services, i.e. the introduction and/or placement of physicians (hereinafter “Candidates”) for the purpose of permanent employment with the Client. The temporary provision of employees within the meaning of the German Temporary Employment Act (AÜG) is not the subject matter of these terms.

(2) gomedix proposes suitable candidates to the client (“Proposed Candidates”) and provides candidate profiles for this purpose – initially in anonymised form upon request.

(3) gomedix owes diligent efforts to achieve a suitable placement, but not the placement success itself. The client has no claim to an employment relationship being concluded. The characteristics and qualifications of the proposed candidates, as well as their written or oral statements, do not constitute warranties on the part of gomedix.

(4) The contractual relationship is non-exclusive. The client is entitled to commission further service providers with the search; gomedix is entitled to search for suitable personnel on behalf of other clients.

(5) gomedix does not provide legal advice. Upon request, gomedix will name a lawyer specialising in employment law to the client.

§3 – Formation of the placement contract

(1) The placement contract is formed by the conclusion of a separate placement agreement, by the request for a candidate profile, or by entering into discussions with a candidate proposed by gomedix.

(2) These terms form part of every placement contract concluded between gomedix and the client. In the event of contradictions between an individual placement agreement and these terms, the provisions of the individual placement agreement shall prevail.

§4 – Confidentiality and candidate documents

(1) All candidate profiles, documents and information transmitted by gomedix are to be treated as confidential and are intended exclusively for the client’s internal recruitment decision.

(2) Disclosure to third parties – including companies affiliated with the client – is not permitted without the prior consent of gomedix in text form.

(3) If unauthorised disclosure results in a third party hiring the proposed candidate, gomedix is entitled to the placement fee in full, as if the client had made the hire itself.

(4) The confidentiality obligation continues to apply after termination of the contractual relationship.

§5 – Placement fee

(1) The placement fee is owed exclusively on a success basis. The fee claim arises when a service contract or employment contract is concluded between the client (or a company affiliated with it within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG)) and a candidate proposed by gomedix.

(2) For the fee claim to arise, it is sufficient that the services of gomedix were a contributing cause of the conclusion of the contract. The time of conclusion of the contract or of commencement of employment is irrelevant.

(3) The fee claim arises irrespective of whether the appointment is made for the position originally requested or for a different position, and on terms other than those originally envisaged.

(4) The amount of the placement fee is governed by the respective individual placement agreement. It is generally calculated either as a percentage of the candidate’s gross annual salary or as a fixed fee staggered according to position level (resident physician, specialist, senior physician, lead senior physician, head physician/chief physician).

(5) The relevant gross annual salary within the meaning of these terms of use is the total gross annual remuneration of the candidate from the employment relationship with the client (assuming continuous employment of at least twelve months), including 13th/14th month salary, pro-rata holiday and Christmas bonuses, pro-rata bonuses and special payments, as well as benefits in kind (e.g. company car); for variable remuneration components, a target achievement and payout rate of 100% is assumed.

(6) All fees are exclusive of value added tax at the applicable statutory rate.

§6 – Due date and payment

(1) The due date and payment terms of the placement fee – in particular any division into partial amounts (e.g. upon commencement of the position and after expiry of the probationary period) – are governed by the respective individual placement agreement.

(2) Unless the individual placement agreement contains a deviating provision, invoices are due for payment without deduction within 14 days of the invoice date. In the event of late payment, gomedix is entitled to charge default interest at the statutory rate (Section 288 BGB).

(3) For placements with clients in Austria, invoicing is carried out under the reverse charge procedure (transfer of the tax liability to the recipient of the service); the invoice is issued without value added tax in such cases.

(4) The client is only entitled to set-off or to exercise a right of retention insofar as its counterclaims are undisputed or have been established by a final and binding court decision.

§7 – Candidate protection

(1) If the client, or a company affiliated with it within the meaning of Sections 15 et seq. AktG, hires a candidate proposed by gomedix within 12 months of the first introduction, the placement fee becomes payable in full – including where the appointment is for a position other than the one originally requested.

(2) This also applies where the appointment only comes about after an interim rejection or an interruption of the selection process, and irrespective of any prior termination of the placement contract.

§8 – Client’s duty to notify

(1) The client shall inform gomedix without undue delay in text form of the conclusion of a service or employment contract with a proposed candidate and shall provide the key data required for calculating the fee (in particular position, start date and – where relevant – the agreed gross annual salary).

(2) If the client refuses to disclose the relevant gross annual salary, gomedix is entitled to calculate the fee on the basis of a gross annual salary customary in the market for the candidate’s qualification and position, and to assert the fee in that amount.

Section 9 – No warranty for candidate information and suitability

(1) gomedix reviews the information provided by candidates with the diligence of a prudent businessperson, but assumes no warranty for its accuracy and completeness, for the professional or personal suitability of the candidate, or for the candidate remaining with the client.

(2) Verification of the professional and employment law requirements for the specific role – in particular medical licence (Approbation), permission to practise and the required specialist or additional qualifications – is the responsibility of the client.

§10 – Liability

(1) gomedix is liable without limitation in cases of intent and gross negligence, as well as for injury to life, body or health.

(2) In cases of ordinary negligence, gomedix is liable only for the breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential to the proper performance of the contract and on the observance of which the client may regularly rely. In such cases, liability is limited to the foreseeable damage typical for this type of contract.

(3) Any liability of gomedix for damage caused by a proposed candidate or an appointed candidate, as well as for their suitability or work performance, is excluded.

(4) Any further liability is excluded. Liability under the German Product Liability Act and the statutory rules on the burden of proof remain unaffected.

§11 – Data Protection and Indemnification

(1) gomedix processes personal data in accordance with the requirements of the GDPR. Details can be found in the gomedix privacy policy. Candidate data is transferred to the client exclusively with the consent of the respective candidate.

(2) The client shall treat the candidate data provided to it as confidential and in accordance with data protection provisions. The client shall indemnify gomedix against all third-party claims asserted on the basis of a breach of data protection provisions for which the client is responsible.

(3) The obligations under this section continue to apply after termination of the contractual relationship.

§12 – Written Form and Amendments

Amendments and additions to these terms of use, as well as ancillary agreements, require at least text form. This also applies to the waiver of this text form requirement.

Section 13 – Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For placements with clients domiciled in Austria, a deviating choice of law and a deviating place of jurisdiction may be agreed in the individual placement agreement.

(2) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Gütersloh, provided that the client is a merchant, a legal person under public law or a special fund under public law. gomedix is also entitled to bring proceedings against the client before any other court having statutory jurisdiction.

(3) Should individual provisions of these terms be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the arrangement shall apply which the parties would reasonably have agreed had they been aware of the invalidity.

Version: August 14th, 2026