General Terms and Conditions (GTC)

Opposing General Terms and Conditions are hereby expressly rejected. They are only valid insofar as Job Lounge GmbH agrees to them in writing.

1. Official Authorization

Job Lounge GmbH holds an indefinite permit for temporary employment services, most recently issued by the Regional Directorate Bavaria of the Federal Employment Agency.

2. Legal Status of Job Lounge GmbH Employees

The conclusion of a temporary employment contract does not establish a contractual relationship between Job Lounge GmbH employees and the client. During their assignment, Job Lounge GmbH employees are subject to the client's work instructions and operate under their supervision or guidance. They are bound by confidentiality. This applies to all confidential or sensitive business matters they become aware of during their work.

3. Selection of Job Lounge GmbH Employees

Job Lounge GmbH provides the client with carefully selected Job Lounge GmbH employees whose professional qualifications have been verified. In the event of justified complaints reported by the client within the first four hours after a Job Lounge GmbH employee commences work, up to four working hours will not be charged. During an ongoing assignment, Job Lounge GmbH may replace Job Lounge GmbH employees with other equally suitable Job Lounge GmbH employees, provided that no legitimate interests of the client are thereby infringed.

4. Deployment of Job Lounge GmbH Employees and Strikes

The client shall deploy Job Lounge GmbH employees exclusively at the location and for the activities agreed upon in the temporary employment contract. The client shall only permit Job Lounge GmbH employees to use or operate the corresponding work equipment or machinery. Changes to the duration of deployment, working hours, and work activities can only be agreed upon between Job Lounge GmbH and the client. Furthermore, the client shall not deploy Job Lounge GmbH employees for the transport of money or for cash collection and expressly indemnifies Job Lounge GmbH from all claims in this respect. The client shall not pay any sums of money to Job Lounge GmbH employees, including wages or travel expense advances. The client shall immediately inform Job Lounge GmbH of any planned industrial action directly affecting its operations. Should the client be affected by lawful industrial action, the deployed employees will be withdrawn, unless the deployment is to take place as part of an emergency service agreed upon for the client's operations and the employee consents to the deployment.

5. General Obligations of Job Lounge GmbH

Job Lounge GmbH undertakes to comply with all employer obligations.

6. General Obligations of the Client

The client shall immediately inform Job Lounge GmbH if Job Lounge GmbH employees fail to appear for work. When deploying Job Lounge GmbH employees, the client shall comply with the statutory provisions of occupational health and safety law applicable to its operations (in particular, working hours and occupational safety). The client shall ensure any necessary official approval for overtime and Sunday work. Furthermore, the client shall immediately notify Job Lounge GmbH of any extraordinary reasons for overtime. Job Lounge GmbH must be informed immediately of any accidents involving Job Lounge GmbH employees.

7. Confidentiality and Data Protection

The contracting parties undertake to treat as confidential and keep secret from third parties all operational and business secrets that become known to them during the cooperation, in particular the contents and conditions of the contract, as well as business matters marked as confidential. Companies belonging to the respective group are not considered third parties in this sense. The parties mutually undertake to comply with the statutory provisions on data protection, in particular § 5 of the Federal Data Protection Act, and shall ensure their observance. The aforementioned obligations shall continue to apply even after the termination of the cooperation.

8. Employee Remuneration and Social Benefits

For Job Lounge GmbH employees, the collective bargaining agreements concluded between the German Association of Temporary Employment Agencies (iGZ) and the DGB Collective Bargaining Community for Temporary Work, as well as any applicable collective bargaining agreements on industry-specific surcharges for temporary employees and various company agreements, shall apply.

9. Rates and Special Right of Termination

To implement an industry-specific collective bargaining surcharge for temporary employees applicable to a particular industry, the client shall inform Job Lounge GmbH to which industry the assignment company belongs and whether and which collective bargaining agreements or company agreements benefiting temporary employees are applicable in the assignment company. The client must provide Job Lounge GmbH with proof of the regularly paid hourly wage of a comparable employee in the client's company. The client vouches for the accuracy of the information provided. Should there be changes in industry affiliation, applicable collective bargaining agreements, or company agreements benefiting temporary employees, the client shall inform Job Lounge GmbH accordingly. Notwithstanding this surcharge regulation, Job Lounge GmbH is entitled to increase client rates at its reasonable discretion. This applies if the remuneration to be paid by Job Lounge GmbH to the temporary or to-be-assigned Job Lounge GmbH employees increases after the conclusion of the temporary employment contract due to statutory (including minimum wage) or collective bargaining provisions or other obligations, or if Job Lounge GmbH only becomes aware of this after the contract has been concluded. Job Lounge GmbH shall notify the client of necessary rate increases. The increase shall become effective 2 weeks after receipt of the notification by the client. The client is entitled to terminate the contract within 2 weeks of receipt of the notification, effective on the date of the rate increase. Job Lounge GmbH has a special right of termination with a notice period of 2 weeks to the end of the month if the adjusted rates are not paid.

10. Time Tracking

The working hours performed by Job Lounge GmbH employees are recorded weekly on an activity report, which shows the hours worked by them. The client undertakes to have the hours worked and the entitlement to performance bonuses on the

timesheet checked weekly by an authorized representative and confirmed by signature and company stamp. If timesheets cannot be presented to an authorized representative of the client for signing at the place of assignment, Job Lounge GmbH is entitled to invoice the client for the hours recorded by the Job Lounge GmbH employee. If the client has an electronic time tracking system, this evaluation can be agreed upon as the basis for invoicing.

11. Hourly Rate and Invoicing

The agreed hourly rate applies plus the following surcharges: Overtime surcharge from 40-45 hours/week (Mon-Sat) 25%, from the 46th hour/week 50%, night surcharge from 8:00 PM to 6:00 AM 25%, Sunday surcharge 50%, and public holiday surcharge 100%, Christmas, New Year's holidays, as well as Easter and Pentecost Sunday and May 1st 125%. The client is obliged to inform Job Lounge GmbH immediately in advance of any planned changes to the place of assignment and ordered business trips. Business trips will be invoiced to the client according to actual expenses. All amounts to be paid by the client to Job Lounge GmbH are exclusive of statutory value-added tax. The invoice amount is due within 7 days from the invoice date without deduction. Invoicing takes place weekly based on the documented working hours. The hourly rate agreed in the temporary employment contract is decisive for the calculation. In case of late payment, the client will be in default even without a reminder. The receipt of payment by Job Lounge GmbH is decisive.

12. Liability

In addition to fulfilling its contractual obligations regarding the assigned employees, Job Lounge GmbH is liable only for the proper selection with regard to the contractually agreed activity. Liability for faulty selection is limited to damages arising from intentional or grossly negligent breach of the selection obligation. The amount of liability for all resulting damages is further limited to a maximum total of EUR 5,000,000 per calendar year. Job Lounge GmbH is not liable for further claims.

13. Prior Employment of the Employee

The client shall immediately inform Job Lounge GmbH if a Job Lounge GmbH employee was employed by the client or by an employer forming a group within the meaning of § 18 AktG with the client, in accordance with § 3 para. 1 no. 3 sentence 4 AÜG, within the last 6 months prior to assignment. In this case, the client undertakes to pay the resulting additional costs with regard to the affected Job Lounge GmbH employee.

14. Recruitment of Personnel

Upon the establishment of an employment relationship between the client and a Job Lounge GmbH employee assigned to them from the temporary placement, a placement fee becomes due. This also applies if the employment relationship is established within a period of 6 months after the termination of the temporary placement, unless the establishment of the employment relationship is not based on the assignment of the Job Lounge GmbH employee. The placement fee is calculated based on the gross annual salary that the hired Job Lounge GmbH employee receives from the client and amounts to 15% for recruitment from the first day of assignment up to the end of the 3rd month of assignment, 12% from the 4th to the end of the 6th month, 9% from the 7th to the end of the 9th month, and 5% from the 10th to the end of the 12th month of the gross annual salary. If a candidate presented to the client is hired without prior temporary placement within a period of six months, a placement fee of 25% of the future gross annual salary at the client becomes due. Deviating agreements, particularly regarding the amount of the placement fee, are possible but must be agreed upon in writing in advance and take precedence. The client is immediately obliged to provide Job Lounge GmbH with a copy of the employment contract detailing the agreed gross monthly or gross annual salary with the Job Lounge GmbH employee or the presented candidate upon establishment of the employment relationship. If the client does not provide information on the amount of the gross annual salary within 2 weeks of a request by Job Lounge GmbH, the client is obliged to pay a placement fee equal to three client monthly turnovers. This is calculated based on the hourly rate agreed for the Job Lounge GmbH employee and the working hours performed by them during the assignment, or the hourly rate intended for the assignment of the candidate and the working hours intended for them. If the Job Lounge GmbH employee or presented candidate works for the client based on a freelance contract or a contract with a self-employed person, the above provisions apply accordingly, with the proviso that instead of the gross annual salary, the annual fee agreed between the client and the Job Lounge GmbH employee or presented candidate forms the basis of the calculation. The above provisions also apply in the event of the placement of a Job Lounge GmbH employee or the presented candidate into an apprenticeship with the client. In any case where the above conditions are met, the client acknowledges a minimum placement fee of €4,000.00 as a lump-sum placement fee.

15. Place of Jurisdiction and Place of Performance

Rosenheim is agreed as the place of jurisdiction. The place of performance is Rosenheim.

16. Miscellaneous

Offsetting or asserting a right of retention is only possible insofar as it concerns undisputed or legally recognized claims. The invalidity of one part of these terms does not affect the validity of the remaining provisions. Both contracting parties are obliged to agree on a provision that, from an economic and legal perspective, comes as close as possible to what was originally intended, in place of the invalid provision. German law applies, to the exclusion of German international private law.