PDF version of Terms and Conditions
Terms and Conditions of InStaff & Jobs GmbH
last updated on May 26, 2020
InStaff & Jobs GmbH (hereinafter “InStaff”) runs the online portal www.instaff.jobs
allows clients to enter a request for temporary workers and to book them. After the verification
of the request, InStaff publishes this request as a job offer to the temporary workers registered
. After the temporary workers have given feedback concerning their
availability, the client receives an email with a hyperlink to a selection of profiles of available
temporary workers. These profiles include the individual hourly rate of the temporary worker
and the estimated total costs when booking the worker. This constitutes an offer for the
booking of a temporary worker from InStaff to the client. The offer is temporarily limited,
the expiration date is shown in the email mentioned before.
Choosing one or more temporary workers and finishing the booking confirmation constitues
the acceptance of the offer through the client (subsequently called a "booking").
Shortly after the booking, the client receives a booking confirmation via email from InStaff.
Is the booking executed by an authorized third party (e.g an event agency), the booking party shall be
contract partner of InStaff within the meaning of the contract and the terms and conditions.
The German Law on Labour Leasing (= Arbeitnehmerüberlassungsgesetz, in short: AÜG), the
employee leasing agreement and these terms and conditions constitute the legal framework.
Any agreements to the contrary need to be approved by InStaff in a written form by email.
2. Temporary employment
Determined by a notice of the Federal Agency of Employment Kiel, InStaff
received the official authorization to act as a Temporary Employment Agency
on August 8, 2014. This authorization has been extended on June 27, 2017
for an unlimited term.
The client has the duty of care as an employer for the temporary workers during the temporary
employment. It is mandatory for the client to enforce accident prevention regulations and
health regulations at the location of employment as well as providing first aid facilities.
Furthermore, the client shall observe the legally determined limits of working hours.
According to § 12 section 2 of the Labor Protection Law, the client shall inform the temporary
worker beforehand of the temporary employment about the accident prevention regulations
at the working place and provide protective clothing and equipment. This also applies in case
of a change of the working environment.
The client is responsible for the work coordination in accordance with the BGV A1 accident
regulation prevention. InStaff does not accept liability for any loss resulting from not respecting
the accident regulation prevention by the client.
The client is obliged to report any accidents at work to InStaff. Moreover, any work-related
accidents need to be reported immediately to the employers liability insurance association.
3. Duties of InStaff
InStaff trains the temporary workers for the temporary work according to the clients request
and to the job offer. Among other things, this includes the briefing for clothing and general
appearance during the event.
InStaff is obliged to carry out the duties of an employer, excluding the duty of care during the
working time.This includes especially the correct accounting of the temporary employees and
the correct payment of any taxes resulting from the employment, such as social security taxes
and income taxes.
4. Duties of the client
The client is obligated not to forward the emails sent to him from InStaff to a Third Party or
grant a Thrid Party access to his email account. Hyperlinks contained in these emails may
give a Third Party access to an order that's liable for payment. In case the client violates this duty and a
Third Party carries out a booking in the name of the client, the client is obligated to use the
service booked. In case of a cancellation of this booking, § 10 of these terms is applied.
The client agrees to enter a complete and correct job description in the form "Job description"
via the InStaff portal. InStaff is permitted to cancel the contract in case the client conceals
any details of the work description such as:
- the religious and / or political background of an event,
- the staff needs to wear a costume during her/his work time, or
- the staff needs to wear provocative clothing during work time, or
- the staff needs to carry out tasks which have not been mentioned in the job description.
If temporary workers refuse to work because of these reasons, InStaff is permitted to cancel
the contract. The client is obliged to compensate the loss of up to 80% of the total booking
amount. If InStaff proves a higher loss, the client will be charged this amount.
The client is obligated to provide all information needed for the provision of the contract. This
especially includes access to the place of work. The client agrees to appoint a responsible
person at the place of work to ensure a successful workflow.
In case a temporary employee shall be employed on days when employment is only allowed with
official permit, the client has to obtain the authorization before the work assignment.
This also applies for places with restricted accessibility and for working tasks which require
an official authorization. If a temporary employee gets in contact with fresh food that is at
risk of getting contaminated with vermins, the client is especially obliged to carry out the
instruction according to §43, paragraph 4 of German IfSG and to document it.
After the booking via the web portal www.instaff.jobs
, InStaff the client is being sent a
temporary-employment contract via postal mail. The client agrees to fill out this contract
correctly within 14 days after reception. The filled out and signed temporary working
contract must be sent back to InStaff on the postal way. In case of omission, the
working relation between client and temporary worker will be feigned. The client is then
obliged to compensate InStaff for the loss of profit and takes charge of the full
expected salary of the temporary worker.
In accordance with § 9, section 2, § 10, section AÜG, the client agrees to note all required
information for the evaluation of compliance of the equality principles for employees on the
received contract for temporary work. In case of false or incomplete statements, the client
is obliged to recompense the resulting losses to InStaff.
Liability is excluded in case of minor negligence of contractual obligations. Further claims
are excluded. InStaff accepts no liability for loss of profit.
InStaff accepts no liability in case of interruption of performance in case of force majeure or
other incidents that cause a temporary or permanent interruption or obstruction of work.
As far as the liability of InStaff is excluded or limited, this shall also apply to the personal
liability of employees, staff, colleagues, legal representatives and vicarious agents.
All claims of the client concerning deficiency of supply or service expire within one year
starting at the legal statue of limitation. InStaff does not accept liability for consequential
Claims against InStaff are to be asserted in writing within one month after finishing the
contract. After expiration of this deadline, claims can only be asserted if the client was
prevented without fault in the observance of the period.
Claims for damages against InStaff are not limited in case of gross negligence, breach of
essential contractual duties or events causing injury to life, personal injury or injury to health.
6. Takeover of staff and contractual penalty
Free of charge and unbindingly, the client is being sent a selection of available staff by InStaff
for his booking request. Out of this selection, the client can book someone for his assignment or
get in contact directly with the staff before the booking in order to clear questions or agree on a
date for a phone interview.
Instead of using the regular service of InStaff and book a person through the platform, the
client is also allowed to take over staff. When taking over the staff, the client acquires the right to employ
the staff as an employee himself, commision them as sub-contractors or mediate them to a Third Party.
In case the client wants to take over staff, a takeover fee is to be paid by the client to InStaff.
The amount of the take-over fee can be calculated on the following page: https://en.instaff.jobs/instant-hire
The client is obliged to notify InStaff before concluding an agreement with the staff if a takeover
or mediation of an Employee is planned. After having been notified, InStaff will send the
client an exact offer for the takeover of the employee.
If the client breaches this notification duty by stating wrong or false information about the contract
details of the new employment or does not inform InStaff ahead of concluding the agreement with
the staff, a contractual penalty will come into effect. The contractual penalty amounts to twice the fee
regularly calculated as stated in the paragraph above - however at least 1.500 EUR per employee.
This regulation is valid until 6 months after the end of the last employment of the temporary worker
with the client or 6 months after obtaining the contact details of the employee if the person has
never been booked. If the staff shall be booked for an exhibition which takes place annually, an
intermediation through InStaff is assumed unless the client proves the contrary.
7. Rejection of the temporary worker
In case of rejection of a temporary worker, the client is obliged to notify the reasons to InStaff in
writing. Causes permitting an extraordinary and immediate termination of the contract are:
Insult of the client, defamatory statements, fraud, theft and embezzlement, concrete
suspicion of a crime, unauthorized leave taking, absenteeism, sexual harassment by colleagues,
false working time reporting. In this case, only the work carried out until this point in time has
to be paid.
Refusal of explanation or an insufficient explanation for an immediate dismissal leads to
cancellation of the contract according to "10. Cancellation of assignment". In this case InStaff
charges 80 % of the estimated total price.
After refusal, the client has the right (not the duty) to book another temporary worker. The
time limit for the supply of another temporary worker is according to „8. Supply of
replacement staff“. InStaff has the duty to supply replacement staff only in case the
temporary worker was not selected with due care.
If the client refrains from refusal of the temporary worker, no claims for damages may be claimed.
8. Supply of replacement staff
In case the booked temporary worker is ill or does not appear, InStaff supplies an equivalent
replacement worker within 24 hours without charging extra costs.
9. Reduction of working time of a temporary worker
A reduction of the temporary workers’ working time of up to 20 % is permitted. If the time reduced
constitues more than 20 % of the total working time estimated before, the client agrees to pay
80 % of the previously estimated total working time (InStaff has to pay a minimum of 80 % of
the estimated amount to the temporary worker as well).
This regulation applies to every single temporary worker and not to the total amount of working
hours of all booked temporary workers combined.
10. Cancellation of assignment
In case of cancellation of the assignment by the client, the client will be charged 80 % of the total
costs for the temporary staff estimated beforehand as cancellation fees. This is independent of the
particular date of the cancellation.
These cancellation fees also apply if the client notifies the temporary workers, that the order has
been cancelled and the employees do not appear at work for this reason. In this case, the client can
not claim that the temporary workers did not offer their work and the cancellation fees are not payable
for this reason.
11. Check of working hours
After the mission, the client receives an email with a link to a list of the temporary workers booked
and their stated working hours. The client agrees to check and confirm the working hours or in case of
false information, reject the hours within 7 days. If the client does not react to the request for confirmation of hours within 7 days, InStaff will charge the working hours indicated by the temporary workers. Subsequent changes of the working hours
incur a surcharge of 23,80 EUR (incl. VAT) if the payroll accounting of the employee whose hours have to be
changed, has not been done yet. If the payroll accounting has already been done,
the surcharge amounts to 59,50 EUR (incl. VAT) because of the increased effort to carry out the change. The hours have to be paid in 15-minute-intervals whereas every interval started has to be paid completely.
12. Prices and payment terms
All prices shown on www.instaff.jobs
and its sub pages do not include value-added tax
for commercial clients. However, for private clients the prices shown are the total
prices (incl. value-added tax) according to the German price regulation law § 1 PAngV
InStaff will provide the client with the invoice in the client's InStaff account at https://www.instaff.jobs/customer/invoices/unpaid within 24 hours after the control of the working hours. The client is obliged to retrieve the invoice from his account. Invoices are due immediately after invoicing and must be paid no later than 10 days after the issuing date.
Simultaneously with the placement of the invoice in the client's account, InStaff will try to inform the client about this new invoice by email. However, it is beyond the control of InStaff to guarantee the delivery of this information email. If the client has not received any information about an invoice from InStaff by email within 10 days after the end of the assignment, he is therefore obliged to inform InStaff. The client cannot refer to the fact that he did not receive the invoice by email to explain a delay of the payment deadline.
Disregarding the payment deadline causes delay without further notice. In case
of delay, InStaff is entitled to charge 9 percentage points on top of the
current interest rate published by the European Central Bank. In case of delay,
InStaff is permitted to refuse any services resulting from other contractual
relationships. For damages resulting from this nonperformance, InStaff is not
In case the foreseeable invoice amount surpasses 10,000 EUR net and there is no prior business
relationship between InStaff and the client, InStaff is entitled to demand advance payments of
up to 50% of the probable invoice amount from the client. If InStaff requests such an advance
payment, no further booking of staff will be possible until the advance payment has been made.
The advance payment will be offset against the actual invoice amount after the final invoice
has been issued.
In case the client asks a temporary worker to advance payments, InStaff is
obliged to reimburse the advanced payment at sight of the bill. InStaff is
permitted to charge 43% on the advanced payment which is taken into charge in
the final bill.
13. Ratings & Self-Promotion
During the check of the indicated working hours, the client has the option to rate the performance
of the temporary workers. InStaff is entitled to publish this rating together with the
clients company name, its logo and the name of the contact person publicly on
, all its sub pages and on Third Party websites (as for example social media
pages of InStaff & Jobs GmbH).
Furthermore, InStaff is entitled to use the logo of the client and the corresponding rating
in a digital and analog manner in all media suited for this usage (e.g. the usage online and in print version
in any way possible) for self-promotion.
This permission is valid for 8 years after the end of the last cooperation.
After the mission, the employees of InStaff have the opportunity to assign a
rating to the mission itself and the employer. InStaff is entitled to use the mission name, these ratings
about the employer and the uploaded mission pictures for all purposes of self-promotion on
, all its sub pages and on Third Party websites (as for example social media
pages of InStaff & Jobs GmbH). The client has the possibility to prohibit InStaff employees to
create reports and / or pictures of this mission before the first day of the mission in written form.
In this case, InStaff will delete the reports and / or images uploaded for the mission free of charge.
If the client has failed to issue a written prohibition to the InStaff employees or cannot prove this
prohibition, InStaff may change or remove the deployed titles, reports and images already created
for a processing fee of 23.80 EUR (excl. VAT) per package (mission title, report and image).
14. Protection of personal data of employees
If necessary for the agreement and successful realization of the deployment of a
temporary employee, the client is granted the privilege to forward the sedcards, phone
numbers and Email addresses of booked employees to the team lead on the site of the
deployment and the other employees of this deployment. Beyond that, the client is
obliged to strictly protect the personal data of the employees by not forwarding this
information to unauthorized Third Parties and not saving the personal data of employees
after the end of the deployment without legal foundation. For further use of personal data,
the Data Protection Declaration of InStaff applies: https://en.instaff.jobs/privacy
InStaff, every employee of InStaff and the client commit to treat all sensitive information
coming to be known by carrying out the contract confidential and to use it exclusively to
fulfill the contract.
16. Final provisions
The original version of the Terms and Conditions is in German (www.instaff.jobs/agb
In case of doubt the German version shall be binding.
InStaff & Jobs GmbH does not participate in dispute settlement proceedings with any consumer
In case individual provisions of these conditions are or become invalid in whole or in
part, the validity of the remaining provisions and of the contract itself shall not be
affected. Instead of the invalid provision, a valid provision, that is economically closest
to the one actually agreed upon is presumed to be agreed upon by the parties.
Additional oral agreements have not been made. Changes and amendments of these
conditions or the contract must be in writing by an InStaff representative and shall
be expressly indicated as such. The temporary workers booked through InStaff are
no legal representatives of InStaff and not permitted to take payments.
These terms and conditions between the contract parties are subject to the law of
the Federal Republic of Germany. The exclusive legal venue for any disputes arising
from or in connection with the performed services shall be Berlin-Kreuzberg, Germany.