Legal
Terms & Conditions
General Terms and Conditions of Asghar Consultants e.K. for recruitment and HR services
§1 Scope
These General Terms and Conditions (hereinafter "Terms") apply to all business relationships between Asghar Consultants e.K., Rondenbarg 11-17 (Haus 1), 22525 Hamburg (hereinafter "Contractor") and its clients (hereinafter "Client") in the area of recruitment, personnel consulting, and related services.
Deviating, conflicting, or supplementary terms and conditions of the Client shall only become part of the contract if and to the extent that the Contractor has expressly agreed to their validity in writing.
§2 Services
The Contractor provides services in the field of recruitment, in particular:
- Direct placement of skilled professionals and executives
- Placement of freelancers for projects
- Talent assessment and aptitude diagnostics
- Private employment placement for job seekers
- Human resources consulting
The exact scope of services results from the respective individual agreement between Contractor and Client. The Contractor owes the careful selection and presentation of suitable candidates, but not the conclusion of an employment contract between the Client and the candidate.
§3 Remuneration
The remuneration of the Contractor is governed by the individual agreement between the parties. Unless otherwise agreed, the following provisions apply:
- The placement commission becomes due upon the establishment of an employment relationship between the Client and a candidate presented by the Contractor.
- The amount of the commission is based on the agreed percentage of the gross annual salary of the placed candidate.
- Candidate proposals are generally free of charge; remuneration is only due in the event of success.
- All prices stated are exclusive of the statutory value added tax.
Invoices are due for payment without deduction within 14 days of the invoice date, unless otherwise agreed.
§4 Placement Voucher (AVGS)
For applicants who hold a valid placement voucher (AVGS) issued by the Employment Agency (Agentur für Arbeit) or the Job Center (Jobcenter), the following special provisions apply:
- The placement service is free of charge for the applicant.
- Remuneration is provided by the responsible cost bearer (Employment Agency or Job Center) on the basis of the submitted placement voucher.
- The applicant is obliged to present the placement voucher before the start of the placement activity and to ensure that it is valid.
- Redeeming a placement voucher requires that the applicable statutory conditions are met and that the responsible cost bearer (Employment Agency or Job Center) approves the settlement.
§5 Obligations of the Client
The Client undertakes to:
- Provide all information relevant to the placement (job profile, requirements, conditions) completely and truthfully.
- Inform the Contractor without delay of the conclusion of an employment contract with a presented candidate.
- Treat presented candidate profiles confidentially and not disclose them to third parties.
- Inform the Contractor promptly of any changes regarding the position to be filled.
If the Client hires a candidate presented by the Contractor within 12 months of their presentation – even if the hiring is not directly attributable to the placement – the placement commission is deemed to have been earned.
§6 Liability
The Contractor is liable for damages based on an intentional or grossly negligent breach of duty by the Contractor, its legal representatives, or vicarious agents.
In the case of simple negligence, the Contractor is only liable for the breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable damage typical for the contract.
The Contractor assumes no liability for the professional and personal suitability of the presented candidates. The final selection and hiring decision rests exclusively with the Client.
The above limitations of liability do not apply to damages arising from injury to life, body, or health.
§7 Data Protection
The Contractor processes personal data within the scope of recruitment in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). For further information, please refer to our Privacy Policy.
The Client undertakes to use the personal data of candidates transmitted within the scope of recruitment exclusively for the purpose of filling the position and, after completion of the selection process, to delete or return it in compliance with data protection law if no employment contract is concluded.
§8 Confidentiality
Both parties undertake to keep all confidential information received within the scope of the cooperation secret and to neither make it accessible to third parties nor otherwise exploit it. This obligation continues to exist even after the termination of the business relationship.
§9 Term and Termination
Unless otherwise agreed, the placement order may be terminated by either party at any time with a notice period of 14 days in text form (email is sufficient). Candidates already presented remain unaffected by a termination; the obligation to pay remuneration continues to exist if an employment relationship is established with an already presented candidate.
§10 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg, provided that the Client is a merchant, a legal entity under public law, or a special fund under public law.
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
Amendments and supplements to these Terms must be made in writing. This also applies to the waiver of the written form requirement.
Last updated: August 2026. This English translation is provided for convenience; in case of discrepancies, the German version (AGB) prevails.
Additional terms for course bookings made through the ASGCON Portal
The Terms above govern recruitment and HR services. The following terms additionally apply to booking and attending education and language courses through the ASGCON Portal; they were carried over from the portal’s previous course terms. The section numbers in this part refer to this part only.
§1 Scope
These General Terms and Conditions (hereinafter "Terms") apply to all contracts for the booking and participation in courses between Asghar Consultants e.K., Rondenbarg 11-17 (Haus 1), 22525 Hamburg (hereinafter "Provider") and the participants registering for a course (hereinafter "Participant").
Deviating, conflicting, or supplementary terms and conditions of the Participant shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing.
§2 Services / Course Offering
The Provider offers education and training services, in particular:
- German language courses (levels A1 to C2)
- Vocational and professional education
- Technical certifications
- Professional development courses
Courses are delivered as in-person (presence) or online formats, as specified in the respective course description. Course materials required for participation are provided by the Provider unless stated otherwise.
Upon successful completion of a course, the Participant receives a certificate of attendance (Teilnahmebescheinigung) or a final certificate (Abschlusszertifikat). The exact scope of services results from the respective course description and booking. The Provider owes the proper delivery of the course, but not a specific learning outcome or examination result.
§3 Registration & Conclusion of Contract
Registration for a course is made via the online portal of the Provider. By submitting the registration, the Participant makes a binding offer to conclude a participation contract for the selected course.
The contract is concluded only upon written confirmation of registration (Anmeldebestätigung) by the Provider, which may also be sent by email. The Provider is not obliged to accept a registration. Registrations are processed in the order in which they are received; participation depends on the availability of places.
The Provider reserves the right to cancel or postpone a course if the minimum number of participants is not reached or for other important reasons. In this case, fees already paid will be refunded in full; further claims are excluded, except in cases of intent or gross negligence.
§4 Course Fees & Payment
The course fees (Kursgebühren) result from the respective course description at the time of registration and are stated in euros (EUR). The fee applicable to a course is determined by the individual booking.
Unless otherwise agreed, course fees are due for payment before the start of the course or within 14 days of the invoice date, whichever occurs first. Payment is made by the means of payment provided in the portal.
Certified educational services may be exempt from value added tax pursuant to § 4 No. 21 of the German VAT Act (UStG), insofar as legally applicable. Where VAT applies, it is shown separately on the invoice.
§5 Education Voucher (Bildungsgutschein) & Funding
For participants who hold a valid education voucher (Bildungsgutschein) issued by the Employment Agency (Agentur für Arbeit) or the Job Center (Jobcenter), the following special provisions apply:
- The course is funded by the responsible cost bearer (Employment Agency or Job Center) on the basis of the education voucher submitted.
- For Asghar Consultants e.K. to accept and redeem an education voucher, the applicable statutory conditions must be met and the responsible cost bearer must approve funding for the selected course.
- The participant is obliged to present a valid education voucher before the start of the course and to ensure that it is valid.
- Insofar as the course is fully funded by the cost bearer, no course fees are payable by the participant for the funded course.
§6 Withdrawal, Right of Revocation & Cancellation
Consumers are entitled to a statutory right of revocation for contracts concluded at a distance (e.g. via the online portal). The participant may revoke the contract within 14 days without giving reasons. The revocation period begins upon conclusion of the contract.
To exercise the right of revocation, the participant must inform the Provider by means of a clear declaration (e.g. by email). Where the course begins, at the participant’s express request, before the end of the revocation period, the participant shall pay a proportionate amount for the services already provided.
Independently of the right of revocation, a booked course may be cancelled in text form (email is sufficient). For cancellations received up to 14 days before the start of the course, fees already paid will be refunded in full. For later cancellations or non-attendance after the start of the course, the full course fee remains payable, unless the participant proves that no or significantly lower costs have been incurred. Funding via an education voucher remains unaffected.
§7 Obligations of the Participant
The participant undertakes to:
- Provide complete and accurate registration details and to notify the Provider promptly of any changes.
- Attend the booked course regularly and participate actively to achieve the learning objectives.
- Observe the house rules and the course rules of the Provider as well as the instructions of the course staff.
- Handle the course materials and the equipment provided with care and not pass them on to third parties without authorisation.
§8 Liability
The Provider is liable without limitation for damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents.
In the case of simple negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations), i.e. obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the participant regularly relies. In this case, liability is limited to the foreseeable damage typical for the contract.
The above limitations of liability do not apply to damages arising from injury to life, body, or health, nor to liability under the Product Liability Act or under a guarantee assumed by the Provider.
§9 Data Protection & Confidentiality
The Provider processes the personal data of participants for the purpose of course administration in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). For further information on the nature, scope, and purpose of the processing, please refer to our Privacy Policy.
Where funding is provided through an education voucher, the Provider may transmit the data required for billing and reporting to the responsible cost bearer. Both parties undertake to keep confidential information received within the scope of the course relationship secret, including after the end of the course.
§10 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg, provided that the participant is a merchant, a legal entity under public law, or a special fund under public law.
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
Amendments and supplements to these Terms must be made in writing. This also applies to the waiver of the written form requirement.
Last updated: January 2026