Terms & Conditions

1. Scope

   • § 1 Scope

     1. The following General Terms and Conditions (AGB) apply to the legal relationship between us, YOURCAREERGROUP International GmbH & Co. KG, domiciled in Düsseldorf (D) and the in Baar (CH) Branch Office, and the advertiser (private customer or company).
     2. The AGB comprise the conditions for the advertising contract (No. II), for the applicant management software "horeso" (No. III), for the use of the applicant centre (No. IV) and the General Conditions (No. V).

   • § 2 Advertising Contract

     1. Advertising contract as defined in the following General Terms and Conditions is the contract regarding the placing of one or more job vacancy advertisements (hereinafter also referred to as advertisements) by a recruiter or other interested party (client) on our internet sites for the purpose of distribution.
     2. Our General Terms and Conditions apply exclusively to the advertisement contract; contradictory General Terms and Conditions or those of our client's which differ from our General Terms and Conditions are not part of the contract unless we have expressly consented to them in writing.

   • § 3 Conclusion of the contract

     The advertising contract shall enter into force as soon as we confirm the advertisement application in writing or by e-mail or when we publish the recruitment advertisement on the internet or if we send the client the keyword, in writing or by e-mail, and the client therefore has access to the advertisement management.

   • § 4 Access to the database for candidates

     1. For the term of the advertising contract concluded with us, we give our customers the free possibility to access the database of candidates and to contact them, insofar as the customer has access to its customer centre on the basis of an existing contract or has a valid password.
     2. Companies which work for third parties are not entitled to access the database for candidates or access to the password-protected customer centre.
     3. Third parties which have not concluded an advertising contract with us or whose advertising contract has ended, are not permitted to access our database for candidates and to use these data, in particular if access to our database is to lure away candidates or customers. In this case, we reserve the right to seek injunctive relief without prior warning.

   • § 5 Right of refusal

     1. We reserve the right not to publish advertising applications due to their content, origin or technical form according to uniform, materially justified principles. This applies, in particular, if the content of the job advertisement breaches statutory or official provisions or against the morals, or if the publication is inappropriate for use for other reasons.
     2. We reserve the right to remove job advertisements and other advertisements whose content breaches statutory or official provisions or against the morals, or if the publication is inappropriate for use for other reasons, without advance warning to the client. The client shall be advised of such a measure immediately. This shall not entitle the client to claim for refund.

   • § 6 Content and rights to the advertisement/copyright

     1. The client is solely responsible for the content, in particular for the accuracy and legal reliability, of the text and image documents provided for use in the advertisement. We are not required to check that the advertisement does not infringe third party rights. The client shall indemnify us from third party claims, which arise against us from the advertisement order in any form.
     2. Insofar as protected brand rights are used within the framework of the publication of the advertisement, the client herewith consents to their use. The client guarantees that it is entitled to grant the consent.
     3. The advertisements published on our sites may not be published elsewhere. Links to the clients' advertisements on internet sites not belonging to YOURCAREERGROUP are only permitted with written consent.
     4. All information published by us (text, images, etc.) are subject to our copyright, the copyrights are transferred to us, insofar as the client is the holder of these rights. However, this does not include advertisements published by us, which have been transferred by the client itself or by an agency working for the client. Only is these cases, we do not have the copyright, and instead it lies with the respective client or agency.
     5. The personal data provided by the clients within the framework of the advertising contract, which are needed simply for registration but which are not included in the job advertisement, are not made accessible, forwarded or published by us to third parties.

   • § 7 Start of publication/publication of the advertisement

     The publication starts at the time agreed in writing with the client. If no time is agreed in this way, publication is possible immediately after the access data for the customer centre have been sent. These data shall be sent by e-mail. In this case, the start of the advertisement is the day when the access data are received by the client. The client is responsible for the full delivery of perfect, suitable advertising copy. Delays resulting from the content of the text provided by the client for publication, or which are due to content or technical reasons, are generally not our fault.

   • § 8 Right of refusal

     1. For publication of the advertisement, the client shall pay to us the remuneration according to the pricelist available on the internet via our domain www.hotelcareer.com, unless agreed otherwise in writing. The valid price list published by us on the internet or otherwise at the time the client's application is received shall apply. Upon request, the price list shall be sent to the client.
     2. We generate the invoice immediately after publication of the advertisement and send it to the client. The invoice is payable without deductions within 14 days of receipt by the client.
     3. If we are able to demonstrate higher default losses than those prescribed by law, we reserve the right to claim them.

   • § 8 Place of publication, linking/framing

     1. The client shall pay the fee for publication of the advertisement on our internet sites. The client therefore is entitled to publication there for the term of the contract.
     2. We are also entitled but not required to make the job advertisement accessible otherwise, in particular through partner sites. These are additional and voluntary services, for which the client shall not incur further costs. The client expressly agrees to making its job advertisement accessible on our partner sites.
     3. The client is advised that according to the current state of technology, it cannot be ruled out that the job advertisements published on our internet sites are also copied, linked and/or published, disguised as their own offer, by other internet providers. Within the framework of the technical and legal possibilities, we shall endeavour to prevent copying, linking and/or framing as described above. To this end, the client herewith grants any required consent. However, if there is any unauthorised linking and/or framing, which has not been caused by us culpably or negligently, this shall be tolerated by the client. The client cannot derive any claims against us from this.

   • § 10 Notice of complaint

     For mutual commercial transactions, the client shall check the advertisement immediately after publication and immediately advise of any errors. For such commercial transactions, the notice period for errors shall start, in the case of obvious errors, with the publication of the advertisement, and in the case of concealed errors, upon their discovery. If the client omits reporting errors, the publication of the advertisement is deemed to be free of errors.

   • § 11 Safeguarding of templates - archiving of advertisements

     1. Templates provided by the client to create the advertisement shall only be returned by us upon express written request from the client. The duty of retention shall end three months after the end of the advertising contract.
     2. We are not required to store published advertisements for 10 years after the end of the advertising contract.

2. Applicant management software "horeso"

   • § 12 Transfer and use of the applicant management software "horeso"

     1. As an option, and in addition to the publication of the advertisement, and upon conclusion of a corresponding contract, we provide the client with the applicant management software "horeso" for the term of the contract for use via the internet. The application is internet-based, the client does not have to install any new software. To this end, we save the data entered by system users and applicants via "horeso" to a server, which the client can access via the internet.
     2. In order to be able to use all functions optimally, Microsoft Internet Explorer Version 7.0 or more and a screen resolution of 1024 x 768 pixels is requires; ideally, on a Microsoft operating system.
     3. We grant the client the simple rights of use required to use the applicant management software "horeso".

   • § 13 Remuneration

     1. The use of "horeso" is charged by means of licences. A licence entitles a location (hotel, company unit, etc) to use "horeso", irrespective of the number of users at this location.
     2. The client purchases a licence to use "horeso" for the term of one year, for which the client pays the remuneration stated in the respective price list, which is available on the internet at www.horeso.com, unless agreed with us in writing otherwise. The price list valid at the time we receive the order and is published by us on the internet or otherwise sent to the client shall apply. Upon request, the price list shall be sent to the client.
     3. The invoice is payable immediately and without deductions within 14 days.

   • § 14 Contractual term and termination

     1. The contract is concluded for a fixed term of one year, it shall be extended by a further year if it is not terminated by one of the parties with three months' notice to the end of the contract. The right of termination for good reason shall remain unaffected hereby.
     2. Termination, irrespective of whether ordinary or extraordinary, requires the written form.

   • § 15 Reproduction and copyrights

     1. The client may reproduce the applicant management software "horeso", insofar as the respective reproduction is necessary for the use of "horeso". Necessary reproduction includes loading "horeso" to the main memory, but not even only the temporary installation of saving of "horeso" on data carriers (hard drive, etc.) of the hardware used by the client.
     2. Other reproductions, which include printing out the program code, are prohibited.

   • § 16 Data hosting

     1. We save the applicants' data of the client on our servers. The client remains the sole authorised user of the data and can demand the return of all data, in particular after termination of the contract, without our being able to exercise a right of retention. The return of the data in xml-format, xls-format or in csv-format shall be by means of transferring data carriers or transmission via a data network. Any costs resulting from the return of the data shall be charged to the client. The client is not entitled to receive software suitable for using the data.
     2. We shall take suitable measures against data loss in the event of a computer crash and to prevent unauthorised third party access to these data. To this end, we regularly make backups. Our employees may only receive knowledge of the client's access data or have access to the client's saved data if this is necessary to execute the contract.

   • § 17 Data Protection

     1. The client is solely responsible for protecting applicants' data and for observing data protection guidelines. Applicant data belong exclusively to the client. The client can adjust individual settings in "horeso", in order to delete specific applicant data or to refer applicants to procedures which relate to data protection. Should the possibilities in "horeso" not be sufficient, the client shall advise us hereof. We merely guarantee that everything technically possible is being done to exclude third party access to applicant data without user rights.
     2. All data, which can be accessed via a user login, are encrypted with Secure-Socket-Layer (SSL) with 128 Bit.

3. Use of the applicant centre / registration as applicant

   • § 18 Use of the applicant centre

     1. We reserve the right to remove applicants from our applicant pool if we receive information indicating criminal proceedings and conduct or the like, according to which the data have been entered to the applicant centre for reasons other than as an application.
     2. The commercial use of the applicant centre is not permitted. We reserve the right to delete parts of or all entries by a user without stating the reasons.

4. General Conditions

   • § 19 Scope of the General Terms and Conditions

     All services are provided by us exclusively on the basis of these General Terms and Conditions. The client's contradictory conditions shall only apply if and insofar as they are expressly acknowledged by us in writing.

   • § 20 Use and updating of the databases and data network connection; Interruption or problem with accessibility

     1. We constantly monitor the functioning of the software, including the databases, as well as the functioning of the data network connection between the internet and our server, on which the databases and the applicant management software "horeso" are saved. We immediately rectify any errors, within the framework of the technical possibilities, insofar as we are responsible for them.
     2. Adjustments, amendments and extensions to the software used by us, as well as measures that serve the detection and correction of function errors, may only lead to a temporary interruption or problem with accessibility if these are necessary for technical reasons.
     3. We take all technical measures necessary to guarantee an availability level of at least 98.5%.

   • § 21 Changes to services

     1. We reserve the right to change contractually agreed services if
        • these services include products from other companies and if these products are no longer available, or are only available in an amended form, without this being due to the circumstances for which we are responsible;
        • changes in legislation or official orders make a change necessary;
        • the agreed services no longer correspond to the state of technology, the safety conditions or data protection or if their ability to run is no longer guaranteed;
        • the agreed services are fully or partly replaced by equivalent or enhanced services, the contractually agreed target quality is significantly retained and the change to the services is reasonable.
     2. Such changes are reported to the client in writing or by e-mail at least six weeks before they enter into force.
     3. The client reserves the right to terminate the service affected by the change in service, in writing, within one month of the announcement of the change.

   • § 22 Client's duties of care; no transfer to third parties

     1. The client shall take suitable measures to prevent unauthorised access by third parties to our software and our databases. Access details (user names and passwords), which serve to access protected data, must not be made accessible to third parties by the client.
     2. The client is not entitled to provide our databases or our software to third parties, either free or for a fee.
     3. The client shall inform and instruct its employees and agents correspondingly.

   • § 23 Guarantee

     1. We guarantee the best possible reproduction of the job advertisement corresponding to the usual technical standard. The client is aware, however, that it is not possible according to the state of technology to create a program which is perfectly free from errors.
     2. An error in the representation of the advertisement does not exist if it is caused
        • by the use of inappropriate representation software and/or hardware (e.g. browser), or
        • as a result of problems to other operators' communication networks, or
        • through computer crash suffered by an internet access provider or by an online service, or
        • as a result of incomplete and/or non-updated offers on so-called proxy servers (intermediate saving) of commercial and non-commercial providers and online services, or
        • as a result of a failure of the advertisement server, which does not last longer than 24 hours (continually or aggregated) within 30 days.
     3. Nor is there an error in the representation if
        • the colour selection differs from the input, or
        • the lettering differs from the input, or
        • the representation differs from the input, or
     4. In the case of the advertisement computer crashing, as described in para. 2, the client is entitled to extended publication of its advertisement, however, by the duration of the crash.
     5. In the event of faulty reproduction of the job advertisement, for which we are responsible, the client is entitled to a perfect replacement advertisement, but only to the extent by which the purpose of the job advertisement was affected. If we are not prepared or able to do this, if we refuse or delay this beyond a reasonable period, for reasons for which we are responsible, or if the publication of a replacement advertisement fails for other reasons, the client is entitled to choose between cancellation of the contract (analogous to conversion) or a reduction of the price for the advertisement (analogous to reduction).

   • § 24 Liability

     1. We or our representatives or agents are only liable to pay compensation, in particular because of delay, non-performance, poor performance or unallowed conduct, only in the event of a breach of cardinal duties, the fulfilment of which the client may rely on to a certain extent. The liability exclusion does not apply to cases of culpability and gross negligence or to liability for guaranteed qualities.
     2. Insofar as significant duties as defined above are negligently breached, liability is restricted to typical contractual damage (price of the job advertisement).
     3. For consumers which use our services for commercial or professional purposes, liability for gross and slight negligence in this case is restricted to the typical and foreseeable damage in such cases and to damage not controllable by the client.
     4. For consumers which use our services for commercial or professional purposes, liability is also excluded for culpability in the event of damage being caused by auxiliary persons who are not statutory representatives or management employees.

   • § 25 Confidentiality, data protection

     1. The contractual parties shall treat all information and data, which they receive from the other contractual party in conjunction with the implementation of this contract, as confidential and shall not make them accessible to third parties. This obligation shall also apply after the end of the contract.
     2. The client is herewith advised, in accordance with Section 33 para. 1 Federal Data Protection Act, that we save their personal data in a machine-readable form and process them for contractual purposes.

   • § 26 Place of performance, place of jurisdiction, written form, applicable law, saving clause

     1. Place of performance is Düsseldorf.
     2. If the client is a consumer which uses our services for commercial or professional purposes, a juridical person under public law or a special asset under public law, or does not have a general place of jurisdiction in Switzerland, Zug (Switzerland) is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
     3. In order to be valid, other agreements, amendments and addenda require the written form; this applies, in particular, to the waiver of this requirement.
     4. The material law of Switzerland shall apply to all legal relationships between the contractual parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
     5. If one of the above conditions is invalid, this shall not affect the validity of the remaining conditions. The invalid clause shall be replaced by mutual consent by a condition which comes closest economically to what was intended.

As of 18.09.09