1. Contracting Parties

This contract for the provision of specialized advisory services is entered into between:

the principal (hereinafter, “Client”), and

KIERO Solutions, a non-profit association (Verein) registered under Articles 60 ff. of the Swiss Civil Code (ZGB), headquartered in Thun, Canton of Bern, Switzerland, represented by its authorized representative, with contact email info@kiero.ch.

Hereinafter referred to as the “Association”.

The parties agree to a strictly civil and advisory relationship under Swiss law. KIERO Solutions shall act as an advisory entity providing professional support in migration, career development, and cross-border employment strategies, with emphasis on professional mobility processes to, or within, Europe (Germany and Switzerland) and, where expressly agreed, the United States or Australia.

The payments stipulated in this contract are recognized as service fees for the provision of advisory services under Articles 394–406 of the Swiss Code of Obligations (OR). This contract does not create an employment relationship, nor does it constitute agency, brokerage, or labor intermediation in Switzerland, Germany, the EU, the United States, Australia, or any other country. The relationship is one of service provision between the Client and KIERO Solutions.

3. Purpose of the Contract

Provision of specialized advisory services by KIERO Solutions to advise the Client on legal, administrative, and strategic aspects related to their professional migration to Germany and/or Switzerland (and, where applicable, to Spain, the United States, or Australia). KIERO Solutions assists the Client free of charge in finding a job by any means legally permissible, including contacting employers with whom KIERO cooperates, as well as employers with whom it has no prior relationship, whether or not those employers are actively seeking employees, through partnerships with other recruiters, and through any other lawful method. KIERO may also submit applications to job postings by employers on behalf of the Client, provided such actions are covered by a limited written power of attorney that the Client must sign upon ordering the service. This authorization expressly permits KIERO Solutions, and its employees or freelancers acting on its behalf, to perform administrative application steps necessary to fulfill this contract’s obligations, always acting transparently and within the limits of Swiss and European data protection and employment laws. All activities performed under this mandate shall remain advisory and non-binding on the Client for any employment decision. The strategies employed by KIERO may differ between Germany and Switzerland to comply with their respective legal and labor frameworks.

The support aims to facilitate compliance with legal, labor, immigration, and administrative requirements necessary to seek employment or legally authorized professional activity with the minimum working hours and remuneration defined in the Work Plan and/or applicable regulations, and to provide guidance on housing and integration.

Important: KIERO Solutions does not guarantee visas, residencies, contracts, or results. Its obligation is one of means, consisting of providing professional and strategic advice in accordance with the agreed scope.​

3.1 Services included (illustrative, not exhaustive)

3.1.1 Personalized advisory on international migration and employment matters; orientation sessions and goal setting.

3.1.2 Technical and strategic review/drafting of application documents (CVs, letters, forms, profiles, portfolios).

3.1.3 Preparation for and coaching in job or academic interviews in Germany or Switzerland.

3.1.4 Advice on verifying requirements (visas, insurance, registrations, approvals, procedures) and on housing, life in the country of residence, and integration.

3.1.5 Definition of application strategies and prioritization of compatible countries/sectors.

3.1.6 Formal administrative closure of processes on behalf of the Client when written authorization exists (without substituting their will in Germany or Switzerland).

3.1.7 Advisory on basic labor rights and obligations in Germany and Switzerland, without legal representation or job placement guarantee.

5. Professional Change and Payment Obligation

If the Client begins work or professional activity in Switzerland, Germany, or another agreed country with an entity with which there was contact (direct or indirect) through KIERO Solutions, even outside the ordinary period provided for, the Client shall pay a fee of 20% of the first-year gross salary. This obligation applies only if KIERO Solutions generated the contact with the employer, and the employment or professional relationship begins within four (4) years after the last contact KIERO had with that employer. After this four-year period, no further payment or fee shall be due to KIERO Solutions.

6. Duration and Termination of the Contract

6.1 Initial duration is one (1) year unless otherwise stated in writing as an annex to this contract. This applies only in situations where no contacts have been made; otherwise, clauses 4.3 to 4.5 apply. If the Client does not request active advice or collaborate with the scheduled processes within the initial period, KIERO may terminate the contract unilaterally without liability, by written notice.

6.2 If the Client accepts employment that does not meet the minimum working hours of twenty (20) hours per week or the minimum remuneration of EUR 40,000 gross salary per year, KIERO may cease its support, without prejudice to payments already incurred. Any deviation from these minimum conditions must be explicitly established in an additional annex to this contract.

6.3 The Client shall allow periodic interviews and justify absences.

6.4 Upon termination or justified withdrawal, KIERO shall cease providing services and deliver a summary of activities without further obligation.

7. Housing in Europe

Once legally established in Switzerland, Germany, or another European country as a result of the services provided by KIERO Solutions, and for up to four (4) years after the last contact was made with an employer by KIERO Solutions, the Client shall inform and keep their residential address up to date, sending proof of any change within five (5) days.

8. Confidentiality and Data Protection

8.1 Strict confidentiality of information exchanged. Data processing in accordance with the Swiss Federal Act on Data Protection (revFADP) and, where applicable, the EU General Data Protection Regulation (GDPR).

8.2 The Client grants express authorization to KIERO Solutions to collect, use, process, transfer, store, and handle their personal data for the execution of this contract and the protection of KIERO’s legitimate interests, including identification, contact, financial, employment, academic, and immigration data. In the event of death, authorization extends to legal representatives as appropriate.

8.3 The Client authorizes KIERO Solutions to access, when legally appropriate, information from authorities and private entities, and to share data with contractual partners (national or international) collaborating in the execution. The Client waives claims against KIERO for damages caused by third parties receiving the data, except in cases of gross negligence or intent.

8.4 Term of authorization: up to four (4) years from the end of the last service provision or from the last contractual contact, whichever occurs later, unless otherwise defined in writing or unless a different period of time is required by European or Swiss law.

8.5 The Client authorizes KIERO Solutions to:

• Create and manage digital accounts on employment, relocation, and administrative platforms in the Client’s name and accept their Terms and Conditions and Data Protection Terms, where such acceptance is necessary for submitting applications or performing the agreed services;
• Prepare and submit job applications on the Client’s behalf, including transmitting the Client’s CV, certificates, photograph, identification, visa or work permit, and other relevant documents;
• Communicate with employers, recruitment agencies, and public authorities, including through digital correspondence or verified accounts, to facilitate applications and processing;
• Perform electronic declarations or consents required for participation in job searches, application systems, or migration processes;
• Store, pseudonymize, and transmit personal data in accordance with GDPR and revFADP obligations;
• Coordinate with third parties (law firms, agencies, training providers) involved in the Client’s relocation project.

Limitations

• KIERO Solutions may not enter into employment, rental, or financial contracts on the Client’s behalf.
• All such final decisions remain exclusively with the Client.
• The Association’s acceptance of digital platform terms or data processing agreements does not create any contractual or financial obligation between KIERO and those platforms; it merely enables execution of the Client’s mandate.
• KIERO acts with due diligence and transparency as required by Art. 398 OR, but is not liable for third‑party system errors or employer decisions.

Duration and Revocation

This mandate remains valid until completion of the advisory program or until revoked in writing or by email by the Client. Upon termination, KIERO will transfer control of all created accounts and confirm closure or password transfer.

(Legal basis: Art. 32–40, 398 OR; § 164–168 BGB; GDPR Art. 6(1)(a)(b), 44–49; revFADP Art. 8.)

8.6 KIERO acts in good faith and is not responsible for subsequent processing by recipients. It will provide a summary of actions and links upon request.

8.7 Regarding GDPR and other data-protection rights, KIERO will cooperate by providing necessary information to allow their exercise, without liability for the acts of third parties.

12. Other Provisions

Any modification must be made in writing. There are no verbal side agreements. The invalidity of one provision shall not affect the validity of the rest. Interpretation shall follow the main text. Any Work Plan or Fee Annex is optional; if none is attached, this contract remains valid and fully enforceable.

2. Client Obligations

2.1 Provide KIERO Solutions with all documents, data, and certifications necessary for advisory on migration, relocation, recognition of qualifications, and employment or academic affiliation processes in Germany and/or Switzerland; attend meetings or proceedings; prepare for interviews; and remain available for the agreed-upon services, even if professional or academic affiliation is not achieved.

2.2 Immediately report any situation that affects their availability or ability to continue (illness, voluntary withdrawal, change of plans, relocation on their own account).

2.3 Notify in writing within five (5) business days of the conclusion of any employment contract, educational admission, or commencement of a relevant professional relationship; attach a copy of the supporting document.

2.4 Inform KIERO Solutions of any applications sent independently to employers or institutions to avoid duplication.

2.5 During the term of the agreement, refrain from contracting services with third parties offering equivalent advisory for labor migration to Germany or Switzerland, unless prior written authorization has been obtained from KIERO Solutions.

2.6 Review and approve in a timely manner the opportunities proposed by KIERO Solutions in accordance with the Work Plan; if there is no response within the indicated period, tacit approval shall be understood. The Client undertakes to approve at least the minimum number of applications defined in the Work Plan per calendar month.

4. General Clauses and Remuneration

4.1 Fee structure. In consideration for the advisory services, the Client shall pay the Association the service fees detailed in the Fee Schedule, which forms an integral part of this contract. The Annex may include provisions regulating any upfront payments. If no Annex is attached or sent within fourteen (14) days after signing this contract as the 'missing annex', no additional upfront fees shall be due. However, the following fees are always due:

Service-fee:

Once the Client starts working in the job obtained through KIERO Solutions’ activities, the Client will receive an invoice for the total fee, which, in agreement with KIERO Solutions and as a favor to facilitate payment, may be paid in up to 12 equal monthly installments. The Client must formally request this option at least five (5) working days before starting the job. Without such request, the total amount is due no later than the 15th day of the month in which the Client begins the job. When a rated payment plan is approved, each installment must be paid on the 15th of every month, starting from the second month after employment begins.

The fee is based on the Client’s first year’s gross salary.

The employer pays a gross salary increased by 20% to reflect the candidate's salary and KIERO’s advisory fee.

While the 20% advisory fee is already included in the negotiated gross salary with the employer, at the time of payment the Client must pay KIERO Solutions 20% of their gross salary from their own net salary. This ensures that the total fee corresponds to 20% of the Client’s first-year gross earnings.

Example: If the agreed annual salary is €50,000, the employer pays €60,000. From the Client’s net salary, the Client pays KIERO Solutions €10,000 (equivalent to 20% of the gross salary).

This model means that from the second year onward, the Client no longer pays this fee and therefore earns 20% more than the first-year net amount (compared with traditional employer oriented recruitment, the Client would not be entitled to that 20% salary raise, because the employer paid the commission directly to the recruitment company and not within the salary).

KIERO Solutions will also advise the Client on possible tax refunds or migration support programs in Germany or Switzerland that could reduce effective costs. The Client understands, however, that eligibility for such programs is not guaranteed.

4.2 Late or non-payment:

In accordance with Art. 102–104 OR and § 286 BGB, if any single installment is paid late, the entire outstanding amount becomes immediately due within ten (10) days, and default interest of 5% p.a. is applied to the total amount due. The Association may suspend services until payments are settled. Persistent non-payment may lead to formal collection under Swiss and EU law.

The Annex may include:

• (a) an initial fee for strategic planning and opening a file;
• (b) periodic support fees during the agreed period;
• (c) milestone-based fees (e.g., upon offer or obtaining employment/admission directly or indirectly linked to KIERO’s activities);
• (d) differentiated fees for internships, mini-jobs, or unskilled work, when applicable;
• (e) currency, form, terms, and means of payment;
• (f) rules for updates, VAT, and withholdings, if applicable.

4.2 Ongoing support during the initial period of work abroad shall be provided for a maximum of six (6) months after the Client starts the job. Any different terms or extensions beyond this period must be expressly stated in the Annex, if any, which shall govern the duration, frequency, and amount of such additional support.

4.3 If the Client accepts employment with an entity with which there was prior contact generated by KIERO Solutions, and this occurs after the initially planned period, subsequent fees of 20% of the first-year gross salary shall apply, subsequent fees of 20% of the first-year gross salary shall apply, but only if the new contact or employment relationship was generated by KIERO Solutions, and a period of four (4) years has not yet elapsed since the date KIERO first established that contact with the employer. From the moment such contact is made, the four-year period begins to run. After this four-year period, no further payment or fee shall be due to KIERO Solutions.

4.4 If, after interviews arranged by KIERO, the Client receives an offer from the same entity with which there was a previous process, subsequent fees of 20% of the first-year gross salary shall apply, but only if the new contact or employment relationship was generated by KIERO Solutions, and a period of four (4) years has not yet elapsed since the date KIERO first established that contact with the employer. From the moment such contact is made, the four-year period begins to run. After this four-year period, no further payment or fee shall be due to KIERO Solutions. In such cases, termination restrictions may be agreed with respect to that entity for a specified period.

4.5 Once four (4) years have elapsed since the date of KIERO Solutions’ last contact with the employer, the Client shall have no additional obligations, without prejudice to payments already incurred. For clarity, the four-year period restarts with each subsequent contact initiated by KIERO with that employer; if no further contact occurs, it runs from the most recent contact date. This provision aligns with the terms in clauses 4.3 and 4.4.

4.6 Nature. All payments are service fees. They do not constitute commissions or brokerage fees. The services are advisory in nature; payments are due for the services rendered, regardless of outcome, unless otherwise agreed in writing.

4.7 KIERO Solutions acts as an advisory organization providing professional guidance and support. There is no guarantee regarding visas, permits, or employment unless otherwise agreed in writing.

9. Contractual Penalty

9.1 Failure to inform KIERO Solutions about the signing of an employment contract, provision of services, or other relevant professional relationship within Switzerland, Germany, or another European country that derives directly or indirectly from the advisory received will result in the Client being obliged to compensate KIERO Solutions for the costs incurred in obtaining such information independently (investigators, legal consultations, communications, travel, administrative and technological expenses, hiring of third parties).

Additionally, the Client shall pay a penalty of EUR 40,000, adjustable by the competent Swiss court under Art. 163(3) OR if deemed excessive. This clause protects the effectiveness of contractual obligations without limiting other legal actions.

10. Debt Collection

10.1 In the event of default, collection fees and costs may be recovered by KIERO Solutions directly or through authorized third parties. All reasonable collection costs (agencies, attorneys, fees, administrative charges, residence/employment verification) shall be borne by the Client.

10.2 Jurisdiction for collection and enforcement: For debts arising from services provided to persons domiciled in Switzerland, Germany, or another European country, collection may be carried out by partner entities under local regulations. Enforcement law follows this contract and the Fee Schedule, subject to mandatory local rules.

11. Dispute Resolution and Jurisdiction

11.1 Ethics and professional conduct: The parties recognize KIERO’s ethical obligations as an advisory entity under Swiss non-profit and contractual law.

11.2 Disputes shall first be submitted to private conciliation in Thun, Switzerland, or another agreed Swiss venue.

11.3 If conciliation is unsuccessful, disputes shall be resolved by arbitration in law administered by a recognized Swiss arbitration institution, in accordance with its rules and Swiss substantive law.

11.4 For debt collection in Switzerland, Germany, or another European country, a local collection partner may act. This does not imply a waiver of the legal regime governing this contract.

11.5 Integrity of governing law and mandatory provisions: (a) Governing law. This contract and all related obligations are governed by Swiss law. If proceedings are brought outside Switzerland, the forum shall apply Swiss substantive law to the fullest extent permitted, with only non-derogable mandatory local rules supplementing it.

(b) Fee determination. Any assessment of the existence, causation, or reasonableness of fees shall follow Swiss law and fair-value standards under Arts. 394–406 OR.

(c) Data-protection regimes. KIERO complies with revFADP and, where applicable, GDPR. If both apply, GDPR prevails only to the extent legally mandatory; otherwise Swiss law governs.

(d) No waiver by foreign filings. Filing or defending proceedings abroad for interim relief, recognition, or enforcement does not waive the choice of Swiss law or arbitration venue.

13. Signature

Purchasing any product or service from this website constitutes your electronic signature and full acceptance of this agreement and its terms, in accordance with Articles 1 and 14 of the Swiss Code of Obligations (OR) and Articles 3, 9, and 11 of the EU E-Commerce Directive 2000/31/EC, as implemented by §§ 126a, 312j BGB and the eIDAS Regulation (EU) No 910/2014, which recognize electronic declarations of intent as legally binding forms of contract conclusion under Swiss and EU law.