Terms for Health Professionals

1. Who these terms are for

These terms apply between [Company name] ("CareShift", "we") and health professionals who register on CareShift to take on home care assignments ("you"). By creating an account you accept them. Your own terms don't apply unless we agree to them in writing.

2. What CareShift does

CareShift lets approved health professionals see and take on home care offers for patients in Germany, record their working hours and get paid for approved hours. We don't promise any particular number of offers, and you're free to decide which offers you take.

3. Registration and approval

• You must give complete and correct information and keep it up to date, especially your contact details, work area and payment details.
• You must upload the required documents: ID or passport, professional qualification, CV and a current criminal record certificate (Führungszeugnis). Documents that expire must be renewed in time.
• We check every application and may approve it, ask for more information, or decline it. There's no right to be approved.
• You can only see and accept offers once we've approved your account and you've confirmed your email address.
• Keep your password secret. Tell us straight away if you think someone else has used your account.

4. You work as a freelancer

• You work as an independent self-employed professional, not as our employee. You decide whether to accept an offer, and you plan your own working time around the offers you accept.
• You're responsible for your own taxes, social security and health insurance, and for registering your self-employment where the law requires it.
• You must have professional liability insurance (Berufshaftpflichtversicherung) that covers your work, and show it to us on request.
• You may also work for other clients.

Note for review: freelance arrangements in care carry a risk of false self-employment (Scheinselbstständigkeit). Have this section and how assignments work in practice checked by a lawyer, and consider a status check with the Deutsche Rentenversicherung (§ 7a SGB IV).

5. Offers and assignments

• Open offers are shown to all approved professionals whose profession and work area match. The first person to claim an offer gets it. When you claim one, you confirm that you'll carry out the whole schedule shown.
• Direct offers are sent to you personally. You can accept or decline them until the reply deadline. If you don't reply in time, the offer lapses.
• By claiming or accepting an offer, you enter into a contract with us for that assignment, at the hourly rate, schedule and conditions shown in the offer.
• You can't take on offers whose times overlap with an assignment you already hold.
• If you can't attend a shift, ask to cancel or swap it in the portal as early as possible. In an emergency, also call us straight away. Until we approve a request, the shift stays yours.
• We may cancel or re-assign an offer, for example if the patient's needs change. We'll tell you as early as we can.

6. Carrying out assignments

• Provide care professionally, carefully and according to recognised standards and the care instructions in the assignment.
• Only do work that your qualification allows.
• Arrive on time. If something unexpected happens with the patient, inform the emergency contact and us without delay.
• Keep everything you learn about patients strictly confidential, also after the assignment ends. Professional secrecy applies (including § 203 StGB).

7. Recording your hours

• Clock in when you start and clock out when you finish each visit, in the portal at the patient's home. Record breaks.
• When you clock in or out, your location is checked once against the patient's address. If you clock in somewhere else or outside the allowed time, you'll be asked for a reason and the entry is reviewed.
• If you forget to clock out, the entry is closed at the scheduled end time and reviewed.
• Our team approves, adjusts (with a reason) or rejects each entry. You can ask for a correction while an entry is pending.

8. Pay and invoices

• You're paid for approved hours at the hourly rate of each offer: approved hours × rate. If a rate changes, the new rate only applies to hours worked after the change.
• Self-billing (Gutschrift): you agree that we create the invoice for your services on your behalf at the end of each pay period (§ 14 (2) sentence 2 UStG). You can object to an individual credit note; it then loses its effect as an invoice. Check each credit note and tell us about mistakes within 14 days.
• If you charge VAT, we add it. If you use the small-business exemption (§ 19 UStG), no VAT is shown. You're responsible for your VAT status being correct.
• We pay by bank transfer to the account you gave us within [number] days of the invoice date.
• Once a pay period is closed, we fix mistakes with a correction on the next invoice.

9. Data protection

You may only use patient data to carry out your assignment. Don't make copies, photos or notes outside the portal, and don't pass the data on. Access to patient details is logged. How we handle your own data is explained in our Privacy Policy.

10. Suspension and ending your account

• You can ask us to close your account at any time. Assignments you've already accepted must still be completed, or handed back through a cancellation request.
• We can close your account with [number] weeks' notice.
• We can suspend or close your account immediately for good cause, for example if you give false information, your required documents expire, you breach confidentiality, or you repeatedly don't turn up for shifts.

11. Liability

We're fully liable for intent and gross negligence, and for injury to life, body or health. For slight negligence, we're only liable if we breach an essential contractual obligation, and only up to the damage that was foreseeable when the contract was made. Liability under the Product Liability Act is not affected. You're liable for your own work under the statutory rules, and your professional liability insurance must cover it.

12. Changes to these terms

We may change these terms if there's a good reason, for example a change in the law or in our service. We'll email you the changes at least [number] weeks before they take effect. If you don't object before then, the new terms apply; we'll remind you of this in the email. If you object, either side can end the contract.

13. Final provisions

• German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
• If you're a merchant, the place of jurisdiction is [city].
• If a provision is invalid, the rest of these terms stay valid.