General terms and conditions
§ 1 Scope
- YOURCAREERGROUP GmbH (hereinafter referred to as „YCG“) and the undersigned business partner (hereinafter referred to as „customer“) agree to fulfil the performance of their contract pursuant to these terms and conditions and the price list. YCG’s Terms and Conditions, together with the additional terms and the price list contain the whole agreement between YCG and the customer. Any terms and conditions of the customer do not apply, unless YCG explicitly consents to them in writing.
- The version of YCG’s terms and conditions in force at the time of the last concluded contract with the customer, shall apply to the relationship between YCG and the customer. These terms and conditions only apply to business customers and not to consumers.
§ 2 Conculision of contract
- The contract is concluded when YCG receives the signed acceptance of the contract offer, which shall contain date and signature of the customer or when YCG confirms the order in writing or by email or when YCG publishes the ad on the internet or when YCG sends the customer the login data in writing or by email, and the customer therefore has access to the job listing management. Faxes are considered to be a written form.
- By the customer altered contract offers or offer acceptances as regards content shall be deemed a new offer made by the customer. The contract is then concluded by acceptance by YCG which will either be made explicitly or implicitly by provision of the services.
§ 3 Description of services
- The contract obliges YCG to publish the products and perform the services agreed upon in the contract (“service elements”) in accordance with these terms and conditions. Additional to the description of services YCG‘s additional terms and conditions apply.
- The contract entitles YCG to use customer data for trend analysis and survey, however, results will be published anonymously.
- Non-competition clauses are not accepted.
§ 4 Renumaration
Payment for the services performed by YCG is set out in the respective price list accessible on the Internet on www.hotelcareer.de, www.gastronomiecareeer.de or www.touristikcareer.de. The respective price list which was in force at the time when the offer was made to the customer shall be valid. Services that are not included in YCG’s price list are subject to individual agreements between YCG and the customer.
§ 5 Conditions of payment
- Payment referred to in section 4, includes all additional costs such as emails, telephone calls, fax, data transmission, copies and postage which are usually incurred. YCG will inform the customer if the additional costs exceed the average amount in relation to individual orders. The customer is obliged to pay YCG for these additional costs if he has consented to them.
- The customer will be invoiced immediately after the first rendering of a service element and the latest 14 days after the conclusion of the contract if no service element has been rendered due to the fault of the customer. Payment is due 14 days after receipt of the invoice, without deductions.
- When a default in payment or a deferment of payment has occurred interest will be charged at the rate of 8% above the base rate of the European Central Bank and collection costs will also be charged. In addition thereto YCG may claim dunning charges in the amount of EUR 15, 00. In the event of a default in payment, YCG can suspend further performance of the contract until the payment has been made in full. This shall not apply if the customer is entitled to assert a right of retention. If the parties agreed on payment by instalments, and an instalment is not paid 30 days after the due date, the whole of the remaining amount shall become payable immediately.
- All prices exclude any VAT legally payable on the date of the invoice.
- If payment is made from abroad, checks for less than EUR 1000, 00 will only be accepted if an administration charge of EUR 25, 00 is paid in addition. Payment by bank transfer from abroad will only be accepted if all bank fees and expenses are paid by the customer. Any payments made by the customer will be credited against the oldest outstanding invoice. YCG may refuse to fulfil its services until the customer has made all outstanding payments.
§ 6 The basis of cooperation
- YCG is committed to continually optimize the number of responses to advertisements of the customer and to improve the quality and quantity of the searchable applications. This includes working together with several cooperation partners in all media (including online, offline, TV, mobile and moving pictures media and any new forms of exploitation). The customer herby gives YCG the right to publish service elements without prior notice in online and offline media, print media and audio and video media. YCG pays special interest to the image and quality of its cooperation partners.
- The customer’s rights under this contract are neither transferable nor assignable. The contract can only be transferred to a third party with YCG’s consent.
- As far as YCG has obtained the customer’s email address in connection with an order, YCG may, also after the termination of contract, send information, questionnaires and other commercial communication concerning similar services provided by YCG via email or post. The customer may opt out at any time with effect for the future without any form requirements and free of charge. YCG will inform about the right to opt out in every mail.
- The customer undertakes to provide all information and other documentation required for achieving the objectives set out in the contract. This includes in particular the delivery of advertisement texts and layouts in digital form. This also includes the customer’s obligation to immediately inform YCG if one of the service elements becomes outdated. Furthermore, the customer is obliged to fulfil the requirements to cooperate as described in the corresponding additional terms and conditions or, when available, as described in the product descriptions for the various service elements. If these requirements are not fulfilled in time, YCG’s period of performance shall be prolonged accordingly.
- The customer shall ensure that he receives emails from YCG unobstructed and will set YCG as “trusted server”. This shall avoid that online applications, which are sent through YCG’s online application form, are filtered by customer’s spam filters. The same applies to correspondence under this agreement.
- YCG reserves the right to not execute orders placed by the customer or to withdraw service elements that have already been publishes if they breach legal provisions, official regulations, the rights of third parties or good morals or the terms and conditions of YCG (“illegal content”). This also applies if links included in the customer service elements lead directly or indirectly to pages containing illegal content. The customer’s payment obligation remains unaffected. YCG is not obliged to revise if advertisements violate third parties rights.
- The customer undertakes to indemnify YCG and hold YCG harmless against all payments and legal costs incurred due to illegal content or breach of law on first demand.
- In particular this includes following content:
- If a self-employed or freelance job is posted, it must be made explicitly that the job is self-employed or freelance.
- If the candidate has to make payments or investments (including training and/or travel fees), it must be made explicitly clear in the service element. The same applies where a commission is paid for the attraction of new members to a closed system.
- Service elements must refer to a specific vacant position or job.
- Ads for club memberships and Ponzi schemes, pyramid sales or similar are not allowed (Art. 16 of the German law against unfair competition).
- Service elements must specify the job position correctly and must not be misleading.
- Websites that are linked to, must comply with legal requirements, and must in particular have a section that contains the legal information needed in accordance with German statutory and case law.
- Any service elements that violate anti-discrimination law
- Even if the aforesaid requirements are met no content must be published besides the content related to the position or job that is irrelevant to the job search, such e.g. competitions, events without career relevance, mere sales campaigns etc.
- If these requirements are not fulfilled the content shall be deemed Illegal Content as per section 6 number 6.
- YCG bears no responsibility for received data, texts for advertisements or the correspondence storage media, and in particular is not obliged to preserve or return these items to the customer.
- 1YCG is entitled to use vicarious agents.
- The customer is responsible for configuring and arranging his infrastructure in accordance with the prevailing state of the art so that it becomes neither a target nor a source of disruptions which could affect the internet service supplied by YCG or trouble and fault free network operation in general.
- The customer guarantees that all of his content or parts thereof published by him on the Internet or given to YCG for publication are not encumbered by third party rights. The customer shall indemnify YCG and hold YCG harmless against any damage YCG suffers from an infringement of this provision by the customer on first demand.
- For job service elements that are published or used at websites that are not operated by YCG additional requirements and restrictions may apply. Please be informed that in other countries certain additional requirements and restrictions may apply. These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by YCG are provided upon request.
§ 7 Intellectual property rights
- This contract does not transfer any (intellectual) property right, license or right of use from YCG to the customer. All of YCG’s right (including but not limited to copyright, trademark rights, sui generis database rights, logos, titles as well as any other commercial rights) remain YCG’s (intellectual) property without restriction.
- All material and content published by YCG is subject to YCG's intellectual property rights (copyright, trademark rights and sui generis database rights), except for the individual elements of such material and content designed by the customer or a third party that are already subject to a customer's or third party's intellectual property rights and that have not been modified/revised by YCG.
- By placing the order for publishing job listings on the Internet, obtains the sole database right to the customer's job listings published in the database by YCG.
- The customer is responsible for ensuring that the content to be published complies with press law, competition law and other applicable provisions.
- By placing the order or by receiving the login data, the customer warrants and guarantees that he has obtained all necessary exploitation rights, copyrights and ancillary copyrights that are required for the publication of his data and content on the internet.
§ 8 Warranty, malperformance
- YCG warrants that it will fulfill the services ordered by the customer to be rendered by YCG on the internet in a manner that complies with usual technical standards.
- Warranty claims shall neither exist in case of immaterial deviations from the agreed quality nor in case of immaterial impairment of the usability. The customer shall notify defects in writing immediately and at the latest 7 days after the service elements have been put on the internet. If YCG's is liable for a defect of a service element, YCG shall initially correct the defect by displaying the service elements for a longer period. Only if this measure fails, the customer is entitled to claim a price reduction or may withdraw from the agreement about individual service elements. Upon YCG's request the customer must inform YCG within a reasonable period if he insists on the delivery of the services or if and what other rights he claims because of the delayed services. In the case of repeated customers, the customer may terminate the entire contract for the future. Termination of the contract shall not be effective insofar as service elements have already been published.
- All liability claims shall become time barred after one year of the date on which the customer was aware or should have been aware without gross negligence of the customer giving rise to such claim.
§ 9 Liability
- YCG shall be liable for damages - irrespectively of their legal basis - in case of gross negligence and intent as well as for damages because of death, injuries of the body or health, if YCG has fraudulently concealed a defect or guaranteed its absence as well as for claims under product liability law (Produkthaftungsgesetz). In other cases YCG shall only be liable for damages resulting from the violation of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, in this case the liability is limited to usual damages foreseeable under the contract.
- In case of a violation of YCG's obligations that is not a defect, the customer may only withdraw from or terminate the agreement if YCG is responsible.
- If a claim is raised against the customer by a third party because of an alleged infringement of patents, copyrights, trademarks or business secrets because of a service provided by YCG ("IPR-infringement"), YCG shall indemnify the customer from all costs (including reasonable costs for legal defense) and claims that occur to the customer due to final decisions of a competent court or any settlement agreement entered into by YCG, provided that (i) the IPR-infringement has not been caused by the customer, e.g. in case of publication of illegal content as per clause 6.6, (ii) YCG remains the full control in defending any claims because of an IPR-infringement and (iii) the customer provides reasonable support and all information to enable YCG to fulfil its obligations hereunder. The indemnification in this clause shall not apply for any measures or declarations that have been made without YCG's prior approval and shall not apply if the customer continues an IPR-Infringement after he has been informed of changes or modifications that would have avoided an infringement. If an IPR-Infringement is determined by a competent court or if YCG considers an IPR-Infringement possible, YCG may in its discretion either (i) at its own expense replace or modify its services so that no IPR is breached,(ii) obtain an exploitation right to use the IPR for the customer or (iii) if measures according to (i) and (ii) are not reasonable or possible, terminate the agreement with immediate effect. The customer shall immediately inform YCG in writing, if it becomes aware of such breaches of third party IPR.
§ 10 Confidentiality
- YCG shall treat as confidential all information delivered pursuant to this contract which is marked confidential. This obligation of YCG shall also continue after this contract has expired.
- Upon accepting the offer, both parties agree to mutually comply with all applicable privacy and data protection laws.
- The customer is advised in accordance with data protection laws that YCG stores his data in a machine readable form and uses it according to the purposes of this contract.
- It is the customer's responsibility to treat any ID, password or username or other security device provided for the use of the services with due diligence and due care and to take all necessary steps to ensure that they are kept confidential, secure, are used properly and are not disclosed to unauthorized persons. The customer will be held responsible for any usage of his password or his username by third parties unless the customer provides evidence that the access to such password or username by such third parties has not been enabled by him and that the cause of any such access attained does not lie within his sphere of influence. The customer must immediately inform YCG if it is likely or has become known that someone not authorized is using his password or username or if they are being or are likely to be used in any unauthorized way. In the event of a breach of any material obligations of the customer under this contract, in particular including but not limited to the infringement of any obligation described in this section, YCG is entitled to immediately interrupt the operation of its services without further notice and without releasing the customer from any payment obligations.
§ 11 Cease and desist undertakings or court orders
- If the customer has received a cease and desist letter due to a product published at YCG, gave an undertaking to cease and desist from certain advertisement (-content) or if a respective court order, judgment or any other court decision has been served, the customer is required to inform YCG immediately in writing about this. If the customer fails to inform YCG, YCG shall not be liable. The customer shall then be required to indemnify YCG on first demand against claims of third parties and shall hold YCG harmless from any eventual damages.
§ 12 Term
- Service elements can only be ordered during the agreed contractual period. The customer's right to order service elements that have not been claimed before the termination of the contract shall end with the termination of the contractual period.
§ 13 Jurisdiction
- The laws of Germany shall exclusively apply to this contract. If the Purchaser is a merchant (Kaufmann) within the meaning of Art. 1 paragraph 1 of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special body or fund under public law the exclusive place of jurisdiction for all legal matters shall be Düsseldorf, Germany. In any other cases we or the customer may file a claim with any court that is competent under statutory provisions.
Additional Terms and Conditions
§ 1 Description of services
- These additional terms and conditions for job listings (“advertisements”) apply in addition to YCG’s General Terms and Conditions and prevail in case of doubt. The customer shall publish or let YCG publish advertisements on YCG sites in HTML format.
- The content to be published must comply with following requirements; otherwise they are considered as illegal content with the consequences as per section 6 number 6 of YCG’s General Terms and Conditions:
- Within a job ad only links to the company’s online presence are allowed.
- Text references and/or links within a job ad to further job offers that are not published at YCG are not permitted. This includes the vacant jobs section at the customer’s website.
- The request for unsolicited job applications is not permitted.
- Links to competitors of YCG are not allowed unless the customer himself is competitor of YCG and links to its own online presence.
- All content of a job offer must be directly visible to the user. Unless explicitly offered by YCG as part of Certain advertisements, interactive elements, which are controlled by e.g. clicks or mouse over, and the Customer’s own tracking codes are not permitted. An exception is made for links to other websites and email addresses, however, the requirements of 1.2, bullet points one, two, four and six still have to be met. In any case links which lead to external pages must be designed in such way that it is perceivable that they link to external pages.
- Links are permitted only as “no follow” links, i.e. they must be set in such way they are not used by search engines to evaluate the link popularity.
- All content of an as must be handed over to YCG and must not be included via frames or any other forms of download via other servers.
- Taking any influence outside the options provided by YCG (categorization, title and visible text of the ad) is not permitted. This includes in particular without being limited thereto invisible texts (e.g. white text in front of white background, text behind a picture, use of a CSS to conceal text, use of font size 0) and invisible links.
- Categorization, title and visible text of the ad must relate to the position offered in the ad.
- An advertisement must not contain more than one position and the description of the advertised job position must not be amended during the term of the advertisement. Also, additional job locations must not be added to the advertisement during its term. In case of non-compliance YCG reserves the right to charge an additional amount subsequently instead of the consequences as per section 6 number 6 of the General Terms and Conditions.
- YCG is allowed, but not required, to publish advertisements on websites owned and operated by YCG and directed towards certain professional categories ("Channels") and may refuse publication on Channels in its sole discretion. In addition, YCG is entitled, but not obliged, to publish advertisements in other media, offline or online or by print or to distribute advertisements to third parties for further publishing. YCG cooperates with media partners for this purpose, and hosts the YCG job board or parts thereof at further URLs without requesting prior approval from the customer. A list of cooperating media partners can be requested from YCG. The publication in other media or with cooperation partners, e.g. in case of mobile optimized ads, may be made in a different and/or standardized layout. YCG will not charge any additional fees for such additional performance.
- The customer is aware that content published on the internet is crawled by search engines as google and others and that these search engines archive the published content. YCG will set a meta tag of the job ad that the job ads shall not be archived. If an ad is still archived by a search engine YCG shall not be liable and any requests for deletion shall be made to the search engine.
- Templates provided by the customer to create the advertisement shall only be returned by YCG upon express written request from the customer. The duty of retention shall end with the end of the advertising contract.
- YCG is not required to store published advertisements for 10 years after the end of the advertising contract.
§ 2 Access to the database for candidates
- For the term of the advertising contract concluded with YCG, YCG gives the customers the possibility to access the database of candidates and to contact them, insofar as the customer has access to its customer center on the basis of an existing contract.
- Companies which work for third parties are not entitled to access the database for candidates or access to the password-protected customer center.
- Third parties which have not concluded an advertising contract with YCG or whose advertising contract has ended are not permitted to access the database for candidates and to use these data, in particular if access to the database is to lure away candidates or customers. In this case, YCG reserves the right to seek injunctive relief without prior warning.
§ 3 Publication of advertisement
- The publication starts at the time agreed in writing with the customer. If no time is agreed in this way, publication is possible immediately after receiving the access data for the customer center. 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 customer.
- The customer is responsible for the full delivery of perfect, suitable advertising copy. Delays resulting from the content of the text provided by the customer for publication, or which are due to content or technical reasons, are generally not YCG‘s fault.
- For mutual commercial transactions, the customer 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 customer omits reporting errors, the publication of the advertisement is deemed to be free of errors.
§ 4 Miscellaneous
- The customer is advised and agrees that YCG cannot prevent the unapproved publication of job listings by third parties. YCG shall however, subject to technical and legal limitations, use its best efforts to prevent such unapproved publication. The customer agrees thereto.
- The customer shall hereby assign to YCG any rights in the ownership of a database that may exist with respect to any multiple advertisements delivered to YCG for publication. In particular, the customer acknowledges that YCG is the producer of the database of such job listings and has the sole database right to the customer's job listings published in the database by YCG.
- An offer from YCG for a price lower than the price mentioned in the price list is only valid in relation to the specific customer and under the specific conditions such an offer was made by YCG. It is not valid for a customer who wants a third party, for example, an agency to act on his behalf.
- The transfer of an advertisement agreement ("reselling") to a third party requires YCG's prior consent.
These additional terms and conditions for certain advertisements apply to the advertisements products defined in section 1 below (collectively referred to as “Certain advertisements”) and apply in addition to YCG’s General Terms and Conditions and the additional Terms and Conditions advertisements and prevail in case of doubt. The applicability of the General Terms and Conditions and the Additional Terms and Conditions advertisements to other products remains unaffected.
§ 1 Descritpion of services
- The following descriptions of services are an exhaustive description of the services owed by YCG. No further functionalities or services are owed.
- Logo Company’s A-ZOn behalf of the customer YCG publishes a Company presentation including the Company’s logo provided by the customer. The Company presentation contains a link to customer’s job listings on YCG sites.
- Newsletter contributionYCG sends out regular newsletters to registered applicants, which contain career topics as well as company presentations.
The customer’s company will be accentuated by placing a promotion in the newsletter. The promotion is composed of a logo of the company provided by the customer and a short presentation text either provided by the customer or drafted by YCG. The short company presentation contains a link to the job listings of the customer on HOTELCAREER. The newsletter will be sent every second Tuesday to more than 30,000 German-speaking recipients.
- Company bannerThe company banner is placed prominently within the job search results on HOTELCAREER. The customer provides YCG with a ready-made company banner in JPEG or GIF format. The company banner runs for a term of one week. Is more than one company banner of the customer placed at the same time, the banners rotate according to the random principle.
Applicant management software "horeso"
§ 1 Transfer and use of the applicant management software "horeso"
- As an option, and in addition to the publication of the advertisement, and upon conclusion of a corresponding contract, we provide the customer with the applicant management software "horeso" for the term of the contract for use via the internet. The application is internet-based, the customer 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 customer can access via the internet.
- UIn order to be able to use all functions optimally, a webbrowser version (of e.g. Microsoft Internet Explorer, Mozilla Firefox, Google Chrome) not older than 3 years and a screen resolution of 1024 x 768 pixels is requires; ideally, on a Microsoft operating system.
- We grant the customer the simple rights of use required to use the applicant management software "horeso".
§ 2 Remunaration
- We grant the customer the simple rights of use required to use the applicant management software "horeso".
- The customer purchases a license to use "horeso" for the term of one year, for which the customer pays the remuneration stated in the respective price list, which is available on the internet at www.horeso.com, unless agreed with YCG in writing otherwise. The price list valid at the time YCG receives the order and is published by YCG on the internet or otherwise sent to the customer shall apply. Upon request, the price list shall be sent to the customer.
- The invoice is payable immediately and without deductions within 14 days.
§ 3 Contractual term and termination
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.Termination, irrespective of whether ordinary or extraordinary, requires the written form.
§ 4 Reproduction and copyrights
The customer 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 customer. Other reproductions, which include printing out the program code, are prohibited.
§ 5 Data-Hosting
- YCG saves the applicants' data of the customer on YCG’s servers. The customer remains the sole authorized user of the data and can demand the return of all data, in particular after termination of the contract, without YCG 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 customer. The customer is not entitled to receive software suitable for using the data.
- YCG shall take suitable measures against data loss in the event of a computer crash and to prevent unauthorized third party access to these data. To this end, YCG regularly makes backups. YCG’s employees may only receive knowledge of the customer's access data or have access to the customer's saved data if this is necessary to execute the contract.
§ 6 Data protection
The customer is solely responsible for protecting applicants' data and for observing data protection guidelines. Applicant data belong exclusively to the customer. The customer 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 customer shall advise YCG hereof. YCG merely guarantees that everything technically possible is being done to exclude third party access to applicant data without user rights.
All data, which can be accessed via a user login, are encrypted with Secure-Socket-Layer (SSL) with 128 Bit.