Terms & Conditions (T&C)

For Consulting Services – Germany & Philippines

Last Updated: 11-14-2025

These Terms & Conditions govern all consulting services provided by:

Jason-Heinen Management Consultancy Services
Kathleen Place 4, Block 7, Lot 38

L.Vuitton Street

Brgy. San Bartolome, Novaliches

1116 Quezon City

Philippines

Represented by:

Mr. Jason Heinen

Tel.: +639171559773
Email: Jason.heinen@jhmcservices.com
Website: www.jhmcservices.com

1. Scope

These Terms apply to all consulting services, offers, and agreements between [COMPANY NAME] (“Consultant”) and the client (“Client”).

They apply internationally, specifically:

in Germany,
in the Philippines,
and in all cross-border projects between Germany and the Philippines.

Individual written agreements override these Terms.

2. Nature of Services – IMPORTANT

Our company provides consulting services only, including:

International HR & Skilled Immigration Consulting (no recruitment)
HR Outsourcing (administrative, non-recruitment)
Visa & Recognition Consulting (non-legal assistance)
DMW Accreditation Consulting
Business Formation & Expansion (DE & PH)
AI-powered Process Optimization
Business Plan & Funding Consulting (no financial or investment advice)
Brand Building, Branding & Media Consulting (not a media production agency)

❗ WE ARE NOT A RECRUITMENT AGENCY.

We strictly do NOT:

❌ recruit candidates
❌ place or match workers
❌ advertise or offer jobs
❌ screen or select applicants
❌ conduct interviews
❌ mediate between employers and workers
❌ charge applicants any fees
❌ act as a manpower, staffing, or employment agency
❌ perform activities requiring a DMW/POEA license

Our services are 100% advisory, administrative, analytical, and strategic.

3. Legal Compliance

3.1. German Law

We operate in accordance with:

Bürgerliches Gesetzbuch (BGB – Civil Code)
Handelsgesetzbuch (HGB – Commercial Code)
Telemedia Act (TMG)
General Data Protection Regulation (GDPR/DSGVO)
Unfair Competition Act (UWG)
Copyright Act (UrhG)

Ethical, transparent, and professional business conduct is ensured.

3.2. Philippine Law

We comply with:

Civil Code of the Philippines
Republic Act 10173 – Data Privacy Act of 2012
Republic Act 11641 – DMW Act
Republic Act 8042 & 10022 – Migrant Workers Act
DMW/POEA Rules and Regulations
Zero Placement Fee Policy
Anti-Direct Hiring Provisions
Advertising Standards Council Regulations
Republic Act 8792 – E-Commerce Act

We explicitly confirm:

✔ No recruitment
✔ No placement
✔ No job advertising
✔ No actions requiring DMW/POEA licensing
✔ No charging of worker fees

4. Formation of Contract

A contract is formed when:

the client accepts a written proposal,
signs a service agreement, or
requests or uses paid consulting services.

5. Scope of Work

The scope of services is defined in:

the proposal,
the contract, or
written communication.

Changes require written confirmation.

6. Client Responsibilities

The client agrees to:

provide accurate and complete information,
comply with German and Philippine laws,
seek their own legal or tax advice when required,
not request illegal, unethical, or DMW-prohibited actions.

The client acknowledges that the Consultant cannot influence:

visa decisions,
recognition results,
DMW/POEA outcomes,
embassy appointment availability,
immigration timelines,
governmental delays.

7. No Warranty for Government Decisions

We are not responsible for:

Visa denials
Recognition delays
Embassy delays
Immigration office actions
DMW/POEA determinations
OEC or work permit decisions
Any other government outcome

Government decisions are beyond our control.

8. Fees & Payment Terms

Fees are defined in the proposal or invoice.
Third-party fees (translations, notaries, government fees, media production, etc.) are not included.
Payments must be made in the stated currency (EUR or PHP).
Late payments follow BGB § 288 (Germany).

9. Data Protection

Data processing follows:

GDPR / DSGVO (European Union)
BDSG (Germany)
RA 10173 – Data Privacy Act (Philippines)
National Privacy Commission (NPC) Guidelines

Details are provided in our Privacy Policy.

10. Use of Artificial Intelligence (AI)

AI may be used for:

document analysis
workflow optimization
administrative quality checks

AI is never used for recruitment decisions.

Compliant with:

GDPR
Philippine Data Privacy Act
ILO fair recruitment principles
NPC Circulars

11. Third-Party Services

We may cooperate with third parties such as:

IT providers
Translators
Media production companies
External consultants

We are not liable for the performance of third-party providers.

12. Limitation of Liability

12.1. Under German Law

Liability is limited according to:

BGB §§ 276, 280 ff.
Liability only for intent, gross negligence, or breach of essential obligations.

12.2. Under Philippine Law

Liability follows:

Civil Code Articles 1170–1173
Liability only for fraud, gross negligence, or willful breach

No guarantee of success (e.g., visa approval, recognition approval).

13. Termination

A contract may be terminated:

with written notice,
for just cause,
in cases of fraud, illegal acts, or ethical violations.

Fees for completed work remain payable.

14. Governing Law & Jurisdiction

For Clients in Germany

German law applies.
Jurisdiction: [CITY, GERMANY].

For Clients in the Philippines

A hybrid legal clause applies:

German law governs the consulting contract and company obligations.
Philippine law governs matters involving Philippine citizens or PH-related data.
Venue: mutually agreed court or arbitration.

15. Ethical Commitment

We adhere to:

ILO Fair Recruitment Guidelines
IOM IRIS Ethical Recruitment Standard
WHO Global Code of Practice
DMW/POEA ethical standards
German principles of fair, transparent business conduct

We do not support any unethical, abusive, or misleading practices.

16. Changes to the Terms

We may update these Terms to reflect:

changes in German or Philippine legislation,
DMW/POEA regulatory updates,
GDPR/NPC guidance,
operational modifications.