Special Terms and Conditions for recruiters (Terms for recruiters)

Version 1.0 · valid from 28 September 2026 · replaces all earlier versions

This is a translation for convenience. In the event of any discrepancy, the German version of this text is the legally binding one.

1. Subject matter and scope

1.1 These Special Terms and Conditions (“Terms for recruiters”) govern the cooperation between MedPool and self-employed individuals or companies (“recruiter”) who refer suitable doctors and nursing professionals (“healthcare professionals”) to MedPool. The General Terms apply in addition.

1.2 The cooperation is a framework agreement on the referral of healthcare professionals for consideration (Art. 412 et seq. CO or Art. 394 et seq. CO). The recruiter is not obliged to perform any activity and receives no territory and no exclusivity. It is expressly not an agency contract within the meaning of Art. 418a et seq. CO.

2. No employment relationship

2.1 The recruiter is self-employed and bears their own entrepreneurial risk. There is no employment relationship between MedPool and the recruiter. MedPool has no employees at any level of the placement chain – neither recruiters nor the healthcare professionals placed.

2.2 The recruiter determines their working hours, place of work and approach themselves and uses their own infrastructure.

2.3 Before the cooperation begins, the recruiter provides MedPool with evidence of their self-employed status (recognition as self-employed for old-age and survivors’ insurance purposes or an entry for their company in the commercial register) and settles social insurance contributions, taxes and any VAT themselves.

3. Activity and limits

3.1 The recruiter refers healthcare professionals exclusively via the platform – through their personal referral link or code, or by entering them with the healthcare professional’s written consent.

3.2 The recruiter does not present healthcare professionals directly to clinics, does not negotiate terms and does not conclude contracts. Presentation to clinics is carried out exclusively by MedPool.

3.3 The recruiter does not demand any fees, commissions or other benefits from healthcare professionals.

3.4 The recruiter warrants that they hold all licences required for their activity. They observe the conditions communicated to them by MedPool on the basis of its placement licence.

3.5 The recruiter does not act in MedPool’s name and uses MedPool’s brand and logo only in the form approved by MedPool. They may not hold themselves out as an employee or representative of MedPool.

4. Attribution of a healthcare professional

4.1 A healthcare professional is attributed to the recruiter if they register for the first time via the recruiter’s link or code, or are entered by the recruiter with their consent.

4.2 No attribution arises if the healthcare professional was already registered with MedPool or had been in contact with MedPool. The platform’s records are decisive.

4.3 The attribution applies to placements concluded within 12 months of registration. For locum assignments beginning within that period, the commission claim applies to all assignment days of the healthcare professional during 12 months from their first assignment day.

5. Commission

5.1 The recruiter receives 30 % of the total gross commission that MedPool earns for placing a healthcare professional attributed to them. The commission is paid out by MedPool.

5.2 Total gross commission is the sum of the placement fees (permanent positions) and placement charges (locum) that MedPool invoices to the clinic for that healthcare professional and actually receives – excluding VAT, less credit notes and refunds, without deduction of MedPool’s internal costs. It does not include the fee or salary of the healthcare professional or expenses.

5.3 Examples (case → total gross commission → recruiter’s share 30 %):

Locum doctor, 20 assignment days at CHF 350 → 20 × CHF 350 = CHF 7,000 → CHF 2,100
Permanent position, annual salary CHF 120,000 (20 %) → CHF 24,000 → CHF 7,200
Permanent position, annual salary CHF 200,000 (25 %) → CHF 50,000 → CHF 15,000

5.4 The commission is exclusive of VAT. If the recruiter is liable for VAT, MedPool pays the VAT in addition against a correct invoice.

6. Due date and settlement

6.1 Locum: from the first assignment day, settled monthly for the payments received by MedPool in the previous month.

6.2 Permanent position: after expiry of the probationary period in an employment relationship that has not been terminated, at the latest three months after the start date, and after receipt of payment by MedPool.

6.3 MedPool issues a credit note via the platform by the 15th of the following month and pays out within 10 days thereafter.

6.4 If the clinic does not pay or withdraws from the order, no commission claim arises. If MedPool has to refund a fee (guarantee case), the commission is reduced in the same proportion; amounts already paid out are offset against future commissions or must be repaid.

6.5 There are no further claims. The recruiter is entitled to an extract of the invoices and payments received that are relevant to their commission.

7. Data protection

7.1 The recruiter passes data of a healthcare professional to MedPool only with their demonstrable consent and processes it in accordance with the FADP.

7.2 They do not pass on data of healthcare professionals and clinics received via MedPool to third parties and delete it when the contract ends.

8. Confidentiality and prohibition of circumvention

8.1 Terms, clients, fees and platform content are confidential, including after the end of the contract.

8.2 During the cooperation and for 12 months thereafter, the recruiter does not place any healthcare professionals who became known through MedPool with clinics that became known to them through MedPool – neither themselves nor through third parties. In the event of a breach, they owe MedPool compensation of at least the fee that MedPool would have earned under the Terms for clinics.

9. Liability

The recruiter is liable for the accuracy of the information they provide and indemnifies MedPool against third-party claims arising from their breach of these terms or of data protection law. MedPool is not liable for the success of a placement.

10. Term and termination

10.1 The cooperation runs for an indefinite period and may be ended in writing by either party at any time (Art. 404 CO).

10.2 Claims arising from attributions that came into being before termination remain in force within the periods set out in section 4.3, unless termination occurs due to a serious breach of these terms by the recruiter.

11. Law and place of jurisdiction

Swiss law applies. The place of jurisdiction is Lachen SZ.