Location Osnabrück
Location Bochum

The terms of cofex GmbH as a PDF document for downloading here.




§ 1 Scope
These terms and conditions apply to all contracts between the cofex GmbH and its business partners. Different conditions of the parties have no validity, unless their validity has been agreed in individual cases separately in writing.

§ 2 Assignment and payment
the working time and the project fee are a result  of the detailed agreement. Unless otherwise agreed, overtime and night work hours and hours on Sundays and holidays are additionally remunerated as follows:
overtime + 25%, night work + 50 %, Sunday work/holiday work + 100%.
In case surcharges should correlate with each other only the higher surcharge will be charged. The compensation of cofex-employees  occurs solely by us. Our employees are not entitled to take advances or to receive any payments from the counterparty. Payments that the business partner provides to our employees take place neither in our behalf, nor in our interest.

§ 3 Conditions of payment
Unless otherwise agreed the settlement of accounts occurs– monthly on the basis of activity reports, which the in the assignment presented cofex–employee submits for signing to an authorized of the business partner weekly/monthly and accordingly at the end of assignment. 

The cofex GmbH is also authorized, to bill agreed working hours to the business associate, which cannot be provided as a result of reasons the business associate is responsible for (e.g. lack of work, time delays of Projects).

Objections in terms of deducted working hours are to do in written form with cofex GmbH within 10 days after the billing. Afterwards the deducted working hours applies as accepted by the business associate. 

The agreed project fees go without saying additionally the current value added tax.
Unless otherwise agreed bills of the cofex GmbH have to be paid without deduction within 10 days after the billing date (incoming payments).

In case of delayed payments the cofex GmbH reserves the right of retention to itself.

§ 4 Rights and duties of the business partners
The business partner is authorized, to give orders to the cofex employee, which are in the extent and in the manner in the sphere of activities, specified in the detailed agreement.
The business partner commits itself , to integrate the cofex employee organizational into its company. 

The cofex employee may only be appointed to activities, which fit to its job description and which are agreed in the detailed agreement.
The business partner is not authorized, to commit cofex employees to a third party.

The business partner shall be responsible the particular fiduciary duty of an employer opposite to the cofex employee, which include amongst other things the briefing of the cofex employee, the hints about risks and dangers at the work station or in the context with the corresponding activities. The business partner is responsible for it, that the cofex employee follows the relevant occupational health and safety regulations.

The business partner is committed to document and to check the job performance of the cofex employee as well as to confirm it for the purpose of billing.

The business partner has to make sure, that the association with our employees are conform with the applicable law and especially that our employees are never disadvantaged or disabled by the reason of their race or because of their ethnic provenance, because of their gender, because of their religion or because of their conviction, because of a handicap, because of their age or because of their sexual preference. Nevertheless should this case occur, our business partner will exempt us of any possible claim for indemnity or claim for compensation of the concerning employee.

While the duration of the temporary work it is forbidden for the business partner to employ the employees additional within the scope of a spare-time work. Hours worked within the scope of a spare-time work apply opposite to us as requiring compensational duration of temporary work appropriate to the agreed rate per hour.

For the company of the business partner the valid regulations under public law concerning the occupational health and safety rules are obtained, too whose strict compliance and observation the business partner commits itself. In particular the business partner has to instruct the employee about safety and health protection at work corresponding to §12 para. 2 ArbSchG, in particular about of work station specific dangers. In the case of the necessary use or the distribution of personal protective equipment against mortal perils the business partner has to communicate to its instruction practical applications with the help of exercises to the employees. The instructions have to be documented in written form.
The business partner has to inform us immediately by phone about work accidents, of which assigned cofex employees are affected.  

§ 5 Rights and duties of the cofex GmbH
The cofex GmbH commits itself, to single cofex employees carefully out for the assignment and to guarantee that they are qualified for the in the detailed agreement designated activity.


The employment contract regulation conjunction exists exclusively between the cofex employee and the cofex GmbH, which reserves the exercisable employer’s managerial- and decisional authority at any time.  Within the scope of this managerial authority is the cofex GmbH the authorized to assign the execution of the works within the scope of the detailed agreement to another, similar qualified cofex employee. 

The employee of the cofex GmbH are insured against accident at the employers mutual insurance association.

Our employees are unauthorized to pronounce declarations of intention for or against to us or either to accept them. Furthermore they are unauthorized for the acceptance of documents or statements as messenger.

§ 6 Cancelation
The cancelation of the detailed agreement has to happen in written form opposite to the cofex GmbH. Terminations in writing or verbally to the cofex employee are invalid.

§ 7 Liability
The cofex GmbH guarantees exclusively for the selection of the cofex employees. The liability is limited to disadvantages through deliberate or culpable negligent breach of the selection obligation and is limited to a total amount of 20.000,-€.
Incidentally the cofex GmbH guarantees only for culpable negligence and deliberate intention.

The cofex GmbH does not guarantee for the behavior, unauthorized acts or the job performance of a cofex employee.

Moreover the cofex GmbH does not guarantee for disadvantages, which cofex employees generate at the equipment or other objects in the company of the business partner. Also the conferrer does not guarantee, when the employee will be assigned with financial matters, cash management, safekeeping- or management of money or valuables.

We does not guarantee for the form, the complexity, the execution or the goodness of the performed work of our employee for the business partner. Our guarantee for the breach of duty (e.g. default, impossibility or faulty performance) with the temporary provision of our employees is limited to deliberate intention and culpable negligence. In all cases, in which we are liable for compensation for damages to our business partner, is the guarantee, insofar as permissible, limited to an amount of 20.000,-€ for each event causing damage.
The business partner has to tell us immediately within the first four hours after the commencement of work, if the performance of an employee, which we have selected, is unsatisfactory. He is authorized to deploy the employee again, without billing of the work time by us. This does not terminate the contract. In fact we are authorized in compliance with sub-section IX, sentence 4 to provide an alternative.

§ 8 Covenant not to compete
The business partner covenants himself to do not poach cofex employees in an illegitimate way. If the signing of a detailed agreement results into a contract of employment between the cofex employee and the business partner, so this represents a liable to pay costs placement through the cofex GmbH, which releases a placement fee in the amount of 8.3% per centum of the annual salary (pre-tax) which were agreed between the cofex employee and the business partner.

§ 9 Proposal/conclusion of the contract by supply of temporary workers
The cofex GmbH, Bramsche granted the concession of supplying of temporary workers from the Bundesagentur für Arbeit, Regionaldirektion Niedersachsen-Bremen in Hannover (German Federal Labour Market Authorithy, head office Lower Saxony in Hannover) on July 3rd 2007.

The cofex GmbH provides employees to its business partners to their written orders, at which details such as numbers, qualifications, period of use and allowance have to be agreed in an separate agreement. With the deal of a detailed agreement, at the latest with the demand of the activity (actual commencement of work of the cofex employees in the company of the business partner) it comes about to the contract between the business partner and the cofex GmbH.

The business partner has –insofar as unless otherwise agreed- no entitlements for the temporary provision of a specific cofex employee. 

§ 10 Data protection
The business partner complies, that personal or company-related data and information, which affects the contractual relationship, will be memorized by the cofex GmbH during the term of the contractual relationship, insofar as this is necessary for the performance of the purpose of the contract. By request the cofex GmbH gives complete and free of charge information about the stored data base at any time.

§ 11 Final provisions
The detailed contracts are among the business and company secrets of the contractual partners and have to be kept secret unlimited.

To become effective all arrangements requires the written form. The same applies to extensions, modifications or supplement agreements. The same applies for the written form provision itself. The company employees of the cofex GmbH are unauthorized to make verbal supplement agreements or to give verbal warrants, which overlap the content of the written form contract with the cofex employee or the business partner.

If several provisions of these terms and conditions all or part should be or should become invalid, it shall in no way affect the validity of the rest of the contractual agreement. In fact at the appointment of the invalid provision should be replaced through such, which is on the one hand valid and which comes on the other hand as close as possible to the subject of the contract. The same apply for gaps / unintended omissions
Obvious falsities, calculation-, literal- or other write errors do not obligate for the cofex GmbH.



Place of fulfillment and jurisdiction is Osnabrück.
The law of the Federal Republic of Germany applies solely.

State January 2008