Kindly note: these terms and conditions are generally applicable for the entire candidates, who have applied for the Ausbildung/ Jobs in Germany. Until unless, a separate exclusive agreement is signed for the same.

WHEREAS GNS has agreed to provide services as detailed in this Agreement to the Candidate subject to the terms and conditions agreed in writing between the Foreign Language and Placement Studio (GNS) and Candidates.

It is clearly understood and agreed between the parties that GNS is engaged by the Candidate as its representative for the Services only. Candidate understands and agrees that the GNS will be providing the Services on best effort basis depending on the documents, information provided by the Candidate and the performance of the Candidate in various tests required for the Services to be completed. Candidate further understands and agrees that GNS has not provided any kind of guarantee of the job.

Candidate further understands and agrees that the Services are also dependent on the laws of the country where company is situated. Hence it is important for the Candidate to abide by the laws of those specific countries which Candidate selects for the Services. GNS declares that they are not legal advisors or immigrant lawyers and do not provide any kind of such advisory services nor legal opinions. If Candidate desires he/she can take an independent legal advice as per his/her choice. GNS will not be responsible nor accountable for such legal advisory matters.

NOW THEREFORE; THE PARTIES AGREE AS UNDER:

Provision of Service

1. Subject to the terms and conditions of this Agreement and upon payment of the Fees as mentioned in Clause 4 below, GNS shall provide the following services (“Services”) to the Candidate:
   1. Provide information to the Candidate regarding the fees, cost of living and lodging, all costs related to candidate Visa as well as the requirements of the blocked account and the payment of the language training as a precondition to obtain the work visa.
   2. Enrol the candidate in the Ausbildung/ Job in Germany.
   3. Assist in preparing a complete docket of genuine documents required to be provided by the Candidate as demanded by the partner organisation in Germany.
   4. If required, assist in, as well as translate into German If required. All charges related to translation will be Borne by the candidates:
   5. Assist in the timely transmission of all forms, documents and additional attachments to its German partner to respect application deadline related to the Visa process.

2. The Candidates acknowledges and agrees that GNS is merely providing assistance and training for the purpose of the required exam (if any) and the visa process. GNS does not in any manner guarantee or promise that:
   1. The candidate will clear the exams, if any.
   2. The candidate will secure or be offered the required visa by the respective Embassy:
   3. The candidate will be selected or provided an offer letter for the Training program.

3. Documents:

All Documents must be attested with Notary

1. Latest CV with Sign. (CV without Gap)
2. Passport size photo for interview with Single Background colour with smile.
3. All Mark sheet and Degree or Diploma.
4. Transcript from College (Training Curriculum) including the detailed presentation of the training hours. (Only in Medical Field)
5. Passport Photocopy (Front and Back)
6. School Mark sheet and Certificate (10th and 12th).
7. Registration certificate (for Example in Rajasthan Nursing Council or Other Place).
8. Internship or Equivalent Certificate (If you have).
9. Date of Birth certificate need separately (Not valid Only on basis of 10th marksheet)
10. Other relevant Degree or Diploma certificate.
11. If you are married, we need the marriage certificate (in English Language).
12. German Language certificate (A1 if any)
13. Job Experience Certificate (if any)
14. Driving Licence

Unless the Candidate completes the above further documentation with the GNS, the progress of Candidate application cannot be taken forward. All Documents must be in English and original. (All Documents must be valid as per the Indian and German Government Authority). If any document is found invalid or false by Indian and German Government authority NO MONEY will be refunded and the entire responsibility for this will be of the candidate himself. If the Candidate abandons at any stage of the Services, there will be no further charges. However, Candidate abandoning from any of the above processes for any reason, in that case he/she will not be eligible for any refund from the total fees paid to the GNS in such circumstances.

4. Payment Of Services Fees

Candidate will be liable to pay the fees for Services to the GNS from time to time. It is important for the candidate to ensure that the schedules of payment of fees are adhered to in order to complete the respective stage of the job. Failure of Candidate in the same may result in cancellation to get Job. GNS doesn’t have any say in such circumstances where there is a failure by the Candidate in these matters.

As consideration for providing the services, the candidate shall pay the following fees to GNS and German Partner in the following timeline:

1. Language Charges: NA, but in case of refund, standard language charges will be deducted.
2. Enrolment/ Registration Charges: 23,600/- Incl. 18%GST (not refundable in any circumstances)
3. Service Charges and Payment Schedule: mutually decided and will be furnished a separate agreement. Not Refundable after Visa Grant. GST18% Extra, please read also clause 5 for the further clarification.
4. All other fees, charges, expenses by whatsoever name called and charged by the Company’s in Germany will have to be paid directly by the Candidate to respective Companies or as directed by them from time to time. Further, any other expenses by whatever name called such as airfare, living expenses, government taxes, food expenses, travel expenses, will have to be borne by the Candidate and paid to respective agency/authority directly. GNS will provide an estimate of the same to the Candidate once the Job offer is approved by respective company.
5. Candidate understands and accepts that the above fees are valid for a period up to the time of grant of visa to the candidate by competent authority. Candidate cannot withdraw application after paying the processing fee and no refunds will be processed if he/she wishes to quit once offer letter is provided.

5. Withdrawal of Application/ Refund:

However, maintaining a good Industry repo - we have a few disclaimers. Candidate may withdraw her/his application under following terms and conditions:

1. If candidate is withdrawing his/her application within 1 Month, Rs. 59,000/- (Rs. 50,000+18%GST) will be deducted from the refund amount.
2. After 1 Month no application for withdrawal will be entertained.
3. Refund application will be considered only when we have failed to provide the Visa from respective embassy. While making refund claim/application by the Candidate, required refund application form along with visa refusal letter, original offer letter of the Company, details of payment, original agreement copy are to be submitted mandatorily. Refund will be processed within a period of 30 days from the date of submission of completed refund application and required documents as above. Any refund application has to be made within thirty days from the date it become eligible for refund claim, whichever is earlier. No refund claim will be entertained thereafter.
4. Any amount paid to the GNS for the Third party services will not be refundable by the GNS in any circumstances. In such a case the decision of the refund will be the sole right of the third party.

6. Breach of Agreement:
7. Candidate making any separate application with same nature of Companies/institute(s) without informing the GNS will be treated as breach of this agreement and will be liable to be terminated without any further notice to the Candidate. Any amounts or fees paid by the Candidate to the GNS will stand immediately forfeited and will be non-refundable.
8. Candidate breaching laws of the country in which he has got a Job approval from the Companies/institute(s) will be treated as breach of this agreement and Candidate will not be eligible for any kind of refund of whatever amount from the amounts that the Candidate has paid for the Services offered by the GNS.

7. Confidentiality

Candidate s recognize that in the course of Services transaction contemplated under this Agreement Candidate  is likely to come into possession of confidential information / data relating to the business, policies, strategies, financial affairs and other similar information of the GNS. Consequently, Candidate agrees that he/she would maintain confidentiality in their dealings with the GNS and would not disclose to any third person any such confidential information or data. Candidate agree if requested by the GNS Candidate would execute a separate Confidentiality / Secrecy / Non- Disclosure Agreement.

The GNS shall hold in confidence all information that relates to the Candidate or the Services or that is obtained from the Candidate and shall only disclose the Candidate’s Confidential Information to the Companies/institute(s) who are directly involved in the provision of the Services and who need to know the information, and shall ensure that such Companies/institute(s) are aware of and shall comply with these obligations as to confidentiality.

Without limiting either the GNS’s or the Candidate ’s rights, each party shall promptly notify the other party of any unauthorised possession, use or knowledge, of the other Party’s Confidential Information or any attempt at the same by any person or entity that may become known to such party.

The GNS shall be entitled to disclose Confidential Information:

• To any employee, consultant, contractor or other person engaged by the GNS in relation to the Services; or
• For the purpose of evaluation and verification of the Candidate s information.
• For the purpose of the marketing and branding.

Candidate agrees and permits the GNS to use Candidate data in the form of testimonials which is to be put up for dissemination on the GNS website or promotional brochures of the GNS from time to time in relation to the Services offered.

8. Term and Termination
   1. Term: This Agreement shall commence on the date of execution and, unless modified by the mutual written agreement of the Parties, shall remain in full force and effect for a period up to the time of grant of visa to the candidate by competent authority. This agreement can be mutually renewed at the end of the period unless explicitly terminated.

1. Termination: This Agreement shall be terminated after the grant of visa to the candidate by competent authority.

9. Exclusivity
   1. The Candidate agrees and acknowledges that during the term of this Agreement it shall not undertake any similar activity included in the Services for a similar Companies/institute(s) without, taking the prior written approval of the GNS.
   2. The Candidate understands that it has appointed the GNS as its exclusive representative to handle the Services for the Candidate for the Companies/institute(s) of its choice.
   3. Candidate agrees that it will not undertake any independent candidate application with the same Companies/institute(s) during the tenure of this agreement.

10. Data Privacy

Each party shall use at least the same degree of care (but no less than a reasonable degree of care) to safeguard and to prevent disclosing to third parties the Confidential Information of the other as it applies with respect to its own information of a similar nature. With respect to the Candidate, Confidential Information shall include the Candidate Data.

Safeguarding Of Data

1. Candidate Data shall be and remain the property of the Candidate.
2. The GNS will not utilise Candidate Data for any purpose other than the purpose mentioned in this Agreement.
3. The Candidate shall not disclose the data related to the Services, the processes and the data related to Companies/institute(s) with any third party without a written consent of the GNS. Services data shall be and remain the property of the GNS.
4. The GNS shall establish and maintain safeguards against the destruction, loss, or alteration of Candidate Data in the GNS possession as per Good Industry Practice.
5. The Parties shall comply with their respective obligations under Data Protection Laws in connection with this Agreement.
6. Candidate will not share nor shall make any announcement of this Agreement or the Services that he has utilised to any third party without consent from the GNS.
7. GNS will never share the candidate's details or any kind of information to the candidate's family members or friends through phone, mail, WhatsApp or any other medium. GNS will only reply to the registered candidate via registered Phone/Mail.

11. Severability

If any provision of this Agreement or any part of any provision is determined to be partially void or unenforceable by any court or body of competent jurisdiction or by virtue of any legislation to which it is subject or by virtue of any other reason whatsoever, it shall be void or unenforceable to that extent only and the validity and enforceability of any of the other provisions or the remainder of any such provision shall not to be affected. If any clause is rendered void or unenforceable, whether wholly or in part, the Supplier and the Customer shall endeavour, without delay and in good faith discussions, to attain the economic and/or other intended result in another legally permissible manner.

12. Limitation of Liability

Candidate shall at their own risk and responsibility make use of the Services offered by the GNS. Under no circumstances, shall the GNS or its Group entities/affiliates be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the use of Services offered by the GNS. GNS believes that the entire Services will be accurate, complete, and current, to the best of its knowledge and the GNS does not make any warranty direct or indirect about the accuracy, completeness or currency of the content of its Services. As such, it remains Candidate’s sole responsibility to verify any information before relying on it. Candidate s while using the Services of the GNS which will be at the sole risk and responsibility of the Candidate  and the GNS does not accept any liability for any direct, special, indirect, or consequential damages or any damages whatsoever; theft of data, or any other cause of action or legal theory.

13. Assignment

This Agreement shall be binding upon and incur to the benefit of the Parties and their legal successors and representatives. Any assignment by Candidate has to be consented by the GNS in writing. The GNS can assign this Agreement to its associate/group and/or sister entities.

14. Governing Law

This Agreement shall be construed and interpreted in accordance with the laws of India and any action arising out of this Agreement shall be within the court jurisdiction at Jaipur, Rajasthan.

Any action of the Candidate which is not in compliance with the laws of the country from which Job approval letter is issued by the Companies/institute(s) shall be governed by the laws of that particular country. The GNS has no role to play in such event and Candidate will have to settle out the same independently as per the laws of that particular country only.

15. Arbitration
    1. Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of any services provided by GNS pursuant to this Agreement or the subject matter thereof shall be referred to the arbitration of an arbitrator appointed by the GNS and the decision of the arbitrator shall be final and binding on the parties.
    2. Both the parties hereby agree that the arbitration proceeding shall be carried out at the Office premises of the GNS which is situated at Jaipur, Rajasthan.

16. Continuing Obligation

Any rights and obligations under this Agreement that by their nature extend beyond the terms of this Agreement shall survive any expiration or termination of this Agreement and shall remain in effect until complete performance thereof has occurred as per the terms of this Agreement.

17. Waiver

No waiver, delay, indulgence or failure to act by either Party regarding any particular default of omission by the other shall affect or impair any rights or remedies regarding that or any subsequent default or omission that are expressly waived in writing. No part of this Agreement can be amended except made in writing and signed by both the parties.

18. Non-Circumvention

Parties shall not, directly or indirectly interfere with, circumvent or attempt to circumvent, avoid, bypass or obviate each other’s interest, or the interest or relationship between the “Parties” with any other third Party, in connection with any on-going or future transaction concerning the subject matter of this Agreement.