Terms & Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS

1. OBJECT OF THE CONTRACT

1.1 YOURCAREERGROUP GmbH (hereinafter referred to as YCG) and the undersigned contract partner (“customer”) agree to fulfil the performance they have promised each other
in the contract concluded on the basis of these general terms and conditions and YCG’s price list. The general terms and conditions, the product-related terms and conditions and YCG’s price list apply exclusively. Terms and conditions of the customer which conflict with or differ from these general terms and conditions will not be recognised, unless YCG has expressly confirmed their validity in writing.

1.2 These terms and conditions will also apply to all future transactions with the customer in the version valid at the time of the last conclusion of contract. However, they only apply to entrepreneurs as defined by § 14 of the German Civil Code (BGB).

2. CONCLUSION OF CONTRACT

2.1 The contract will be concluded if YCG receives the acceptance of the contract offer with date and signature in the original, as a fax or copy, as a PDF or in other electronic form, or as soon as YCG confirms an order by the customer in writing or by e-mail, if YCG publishes the customer’s job advert in the internet, or if YCG sends the customer the password in writing or by e-mail and the customer therefore has access for advert management.

2.2 Offers or confirmations of orders by YCG which have their content changed by the customer will be deemed to be a new offer by the customer; in this case the contract will only be concluded if it is expressly accepted by YCG and any provision of a service will not be deemed to be implied acceptance.

3. SPECIFICATION OF SERVICES

3.1 The contract requires YCG to publish the
products agreed in it and listed on the websites of YCG and to provide the services listed there (together: “service elements“), in accordance with these terms and conditions. The respective specification of services of the product-related terms and conditions of YCG also apply.

3.2 The contract entitles YCG to use the customer data for trend analyses and overviews. However, the respective results will be published anonymously.

3.3 Exclusion of competition cannot be granted. YCG has the right to remove from its sites job adverts and any other adverts whose content is in breach of statutory or official prohibitions or offends common decency without notifying the customer in advance. The customer will be informed of this immediately. This will not entitle the customer to claim compensation or a refund.

4. FEE FOR SERVICES

Unless otherwise is agreed in writing with YCG, the customer will pay for the advert placement the fee which is stated in the current price list which can be accessed online in the internet at the sites www.hotelcareer.de, www.gastrojobs.de or www.touristikcareer.de. The price list which is valid at the time the order is received by YCG and published by YCG in the internet or communicated to the customer by any other means is relevant. The customer will be sent the price list upon request.

5. SETTLEMENT OF COSTS AND PAYMENT AGREEMENTS

5.1 The payment of the fee pursuant to § 4 will settle all incidental costs such as e-mail, telephone, fax, data transmission costs, postage and photocopies which do not exceed normal levels. If the incidental costs exceed normal levels due to individual orders, YCG will notify the customer of this. The customer will have to refund these additional incidental costs if it approves these.

5.2 The invoice will be issued after one of the service elements has been provided for the first time, and no later than 14 days after the conclusion of the contract, if by this time no service element has been provided and the customer is responsible for this. Notwithstanding this, YCG will have the right though to demand in each case payment in advance. The payment claim will be payable 14 days after receipt of the invoice without deduction. In the event of default of payment or deferment, interest in the amount of 8 % above the base rate of the European Central Bank and collection costs will be charged. In addition, YCG will have the right to claim a flat charge for default in the amount of € 40.00 (§ 288 Para. 5 BGB). In the event of default of payment, YCG will have the right to defer the publication of individual service elements until full payment. This will not apply if the customer has right of retention. If, in the case of payment by instalments, an instalment is not paid within 30 days of the due date, the total remaining amount will be payable immediately. All prices quoted do not include the statutory VAT applicable at the time the invoice is issued.

5.3 In the case of payment from abroad, we only accept cheques below a total of € 1,000 if the cheque total includes in addition to the invoice amount a processing fee of € 25. We only accept payment by transfer from abroad if all bank charges incurred are met at the same time by the customer.

5.4 Payments by the customer will always be set against the oldest existing claim. YCG can refuse to provide its service until all due payments have been made by the customer.

6. BASIS FOR THE COOPERATION

6.1 YCG will endeavour to continually optimise the response to the customer's adverts. This will also include:

· Entering into cooperations in all media (including online, offline, TV, mobile, moving image products and new types of use). The customer agrees that the service elements may be published by YCG without consultation online or offline in print, sound or image, including in print or online media of cooperation partners. In all cooperations YCG will be mindful of the image and quality of the cooperation partner.

· The possibility of publishing employer rankings of users, for example in connection with the customer’s job adverts.

6.2 The customer’s rights under the contract are not transferable and not assignable. Any transfer of the contract to a third party requires YCG’s consent.

6.3 If YCG has obtained in connection with the customer’s order its e-mail address, YCG will have the right to send by e-mail to the customer including after the end of the contract information, questionnaires and other commercial communications concerning the ordered and similar services of YCG. The customer can opt out of this informally and free of charge at any time with effect for the future by sending an e-mail to YCG. YCG will inform of this right to opt out in every e-mail.

6.4 The customer undertakes, in the case of advert building by YCG, to provide in good time all of the information and documents which are necessary and appropriate for the creation of the objectives outlined in the contract. This includes in particular the supplying of advertising texts and layouts in digital form. The customer will also inform YCG immediately if one of the service elements it has ordered is no longer current. The customer also has to observe the duties of cooperation for individual service elements described in the respective product-related terms and conditions or, if these exist, product descriptions. If these requirements are not met in good time, any deadlines for performance of the service for YCG will be extended accordingly.

6.5 The customer will ensure that e-mails from YCG are received without any trouble and in this connection set up YCG as a “trusted server”. This should prevent online applications which are sent to the customer via the YCG application form from being filtered by any spam filter used by the customer. The same applies for any contractual communication.

6.6 YCG reserves the right not to fulfil orders placed by the customer, or to remove service elements already published in the internet, if the published content is in breach of statutory requirements or official prohibitions, violates the rights of third parties, offends common decency or is in breach of the YCG’s terms and conditions (“impermissible content”). The same will apply if links to service elements are set on the customer instructions which lead directly or indirectly to sites with impermissible content. The customer's obligation to pay will not be affected by this. YCG does not have to check whether the rights of third parties are affected by the advert.

6.7 If a claim is made against YCG for impermissible content or any other breaches of the law for which the customer is responsible, the customer will indemnify YCG at the first time of asking. The indemnification will also include the necessary legal costs.

6.8 In particular the following applies for the published content:

· If self-employed or freelance work is advertised, this has to be clearly identified as such in the text.

· If payments in advance or own financial investments are to be made by the candidate (including attendance of training courses and travel expenses), this has to be made clear in the text. The same applies if commission is paid for the successful recruitment of new members for a self-contained system.

· The content has to relate to a vacant position or job. Advertising for club memberships is not allowed. Advertising for participation in illegal pyramid schemes is also not allowed (§ 16 of the Act against Unfair Competition (UWG))

· The job title and job description have to be correct and must not be misleading or ambiguous.

· Websites which are named or sent to YCG for linking have to meet the minimum legal requirements and in particular have an impressum which complies with the principles established by law and court decisions.

· The requirements of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz) have to be met.

· Even if the above requirements are met, content which is not relevant to the job search, for example competitions, non-career-related events, pure promotions etc., may not be published in addition to the content relating to the position or job.

· If these requirements are not met, the content will be deemed to be inadmissible content with the consequences of Number 6.

· YCG accepts no responsibility for supplied data material, advertising texts or storage media relating to this and will in particular not have to store this or return this to the customer.

· YCG has the right to use vicarious agents.

· If the customer, in the case of the agreed advert building by YCG, has not supplied any data material or advertising text, at the earliest three days after the start of the contract term YCG will have the right, but not be obliged to place the advert using a standard layout provided by YCG and to use the logo/images required for this from the customer's company website. The customer will be informed of this. This service is provided by YCG on a voluntary basis and may be stopped at any time.

· The customer has to configure its own infrastructure in keeping with the current state of technology so that it is neither the target nor the origin of disturbances which are likely to affect the internet service provided by YCG or the general smooth and flawless network operation.

· The customer will ensure that all of the content or parts of this published by it in the internet or handed over to YCG for publication are free from the rights of third parties. The customer will compensate YCG for any losses it incurs due to a breach of this provision at the first time of asking.

· For service elements which are placed or used on sites which are not operated by YCG, additional restrictions and requirements besides these GTC and the product-related terms and conditions may apply. We point out that there may also be certain statutory requirements and prohibitions for job adverts in other countries. These must be complied with. We would be pleased to provide specific information on further requirements and restrictions for the sites not operated by YCG upon request.

7. COPYRIGHTS

7.1 This contract does not contain any transfer of property rights and rights of use, licences or other rights to the software to the customer. All rights to the software used, to marks, titles, trademarks, copyrights and other commercial rights of YCG will remain entirely with YCG.

7.2 All work results and information published by YCG are subject to YCG's copyright. Excluded from this are only those work results and information published by YCG that were created by the user or a third party and adopted by YCG unchanged for publication in the internet.

7.3 With the publication of the job adverts, YCG will obtain the sole database rights to the customer’s job adverts published on the YCG sites.

7.4 The customer will bear the sole responsibility under press and competition law, as well as all other responsibility, for the content provided by it intended for publication.

7.5 The customer confirms with the placement of the order/receipt of the access details that it has acquired all of the rights of use of the holder of copyrights, ancillary copyrights and other rights to the documents and data provided by it required for placement in the internet and that it can use these as it pleases.

8. WARRANTY, DEFECTS

8.1 YCG will ensure that the services ordered by the customer, to be performed by YCG and published in the internet will be implemented in line with the generally accepted technical standards.

8.2 The customer will not be able to make claims for defects if there is only a minor deviation from the agreed quality and usability is only slightly affected. Defects are to be notified in writing immediately by the customer, no later than 7 days after placement of the service elements in the internet. YCG will initially correct the defect by way of supplementary performance in terms of a longer placement. Only if this fails can the customer demand a reduction in price or exercise a right of withdrawal for individual service elements. The customer has to declare upon request by YCG within a reasonable period of time whether it, due to the delay in delivery, will continue to insist on delivery and/or which of the claims and rights it is entitled to it will make or exercise. In repeated cases the customer will have the right to terminate the whole contract for the future. The contract cannot be terminated with effect for service elements that have already been published.

8.3 All warranty claims of the customer will become time-barred in one year, calculated from the time when the customer became aware of the defect or should have become aware of the defect without gross negligence.

9. LIABILITY

9.1 YCG will be liable for compensation for whatever legal reason - in cases of wilful intent and gross negligence and for damages due to injury to life, limb or health, if YCG has fraudulently concealed a defect or guaranteed its absence, as well as for claims under the Product Liability Act (Produkthaftungsgesetz). In cases of ordinary negligence YCG will only be liable for damages due to the breach of a material contractual obligation (fulfilment of such an obligation allows the contract to be performed at all in a properly and orderly manner; the contract partner regularly trusts and may trust that it is complied with); in this case the liability though is limited to compensation for foreseeable, typically occurring damage.

9.2 The customer can only withdraw or terminate due to a breach of duty not involving a defect if YCG is responsible for the breach of duty.

9.3 If a claim is made against the customer by a third party ("property rights claim") for an infringement of patents, copyrights, trademarks, business designations or business secrets by a service provided by YCG (“property rights infringement"), YCG will indemnify the customer against all costs (including legal defence costs) and claims which it incurs due to final judgements by competent courts or written settlements concluded by YCG, provided that (i) the customer did not cause the property rights violation, for example in the case of the publication of inadmissible content as defined by No. 6.6, (ii) the customer informs YCG in writing within no more than twenty (20) working days of the claim first being made, (iii) YCG retains sole control of the defence against the property rights claim and (iv) the customer provides appropriate support and all of the information so that YCG meet its obligations according to this. The above obligation will not apply for actions or declarations for which YCG has not given its prior consent in writing and not if the customer continues the infringing activity after it has been informed of changes which would have prevented an infringement. If a property rights infringement has been found by a competent court or is considered to be possible by YCG, YCG may at its own discretion and at its own cost either (i) replace or change the services so that a property rights violation no longer exists, or (ii) obtain right of use for the customer to the property right or (iii) if measures pursuant to (i) or (ii) are not possible or not reasonable, terminate this contract extraordinarily with immediate effect.

10. CONFIDENTIALITY

10.1 YCG agrees to treat as confidential all information marked as “confidential” which YCG receives from the customer under this contract. This obligation will also be met YCG after the contract term ends.

10.2 With the acceptance of the offer, it will be agreed at the same time that both parties will comply with all applicable data protection laws.

10.3 The customer is hereby informed pursuant to the Data Protection Act (Datenschutzgesetz) that YCG stores its data in machine-readable form and processes it by machine for contract purposes.

10.4 When using IDs, passwords, usernames or other security devices provided in connection with the services, the customer has to exercise the greatest possible care and take all measures which ensure the confidential, secure handling of the data and prevents its disclosure to third parties. The customer will be held responsible for the use of its passwords or usernames by third parties, if it cannot explain convincingly that the access to such data was not caused by the customer itself and the reasons for this were out of its control. The customer has to inform YCG immediately of any potential or already known unauthorised use of its access details. In the event of a breach of one or more of the obligations specified in these GTC by the customer, in particular but not only those stated under this point, YCG will have the right to terminate the services without further notice and remove them from the website, without waiving any payment obligations of the customer.

11. WARNING, COURT RULING

If the customer has received a warning for one of the products published by YCG, if it has already made a cease-and-desist declaration concerning certain adverts (content) or if a corresponding temporary injunction, judgement, court ruling or official order has been made, the customer will have to inform YCG of this immediately in writing. If the customer does not do this, YCG will not be liable. The customer will then have to indemnify YCG against any claim by a third party at the first time of asking and compensate YCG for any damages.

12. TERM

12.1 The term agreed in the contract (“contract term”) will start when the first service element is provided by YCG. It will start at the latest 14 days after it has come into force, if the customer is responsible for the first service element not being provided in good time. It will end automatically at the end of the agreed term, unless otherwise is agreed in the following product-related terms and conditions.

12.2 Agreed service elements can only be accessed within the agreed contract term. With the end of the contract term, the customer’s right to access services not claimed before the end of the contract term will expire.

13. PLACE OF JURISDICTION

The contract and its interpretation are subject to the law of the Federal Republic of Germany. If the customer is a merchant as defined by § 1 Para. 1 of the German Commercial Code (Handelsgesetzbuch, HGB), a legal entity under public law or a special asset under public law, the courts in Düsseldorf will have exclusive jurisdiction for all disputes arising from or relating to the contractual relationship concerned. In all other cases we or the customer can bring an action before any court of competent jurisdiction on the basis of statutory regulations.

PRODUCT-RELATED TERMS AND CONDITIONS

I. ADVERTS

1. SPECIFICATION OF SERVICES

1.1 These terms and conditions for job adverts (hereinafter: "adverts") supplement YCG’s general terms and conditions and will prevail over these in cases of doubt. The customer can place one or more adverts on the websites of YCG for the purpose of staff recruitment. The adverts will be published in HTML format in the internet.

1.2 The adverts to be published must meet the following requirements, otherwise the content will be inadmissible with the consequences of No. 6.6 of YCG’s general terms and conditions:

1.3 In the adverts only links to the customer’s website are allowed to be published.

1.4 Text references and/or links in the advert to other job offers not published on one of the YCG websites are not allowed. These also include the job market on the customer homepage.

1.5 Invitations for speculative applications are not allowed.

1.6 Links to competitors of YCG are not allowed, unless the customer itself is a competitor of YCG and the link is to its website.

1.7 All of the content of an advert has to be immediately visible for the user. Unless they are explicitly offered by YCG as part of special advertising products, own tracking codes of the customer and interactive elements which can be controlled for example by clicks or mouseover are not allowed. This does not include links to other sites and e-mail addresses, whereby § 1.2, bullet points one, two, four and six are to be noted. In each and every case links have to be arranged so that it is clear when they link to external sites.

1.8 Admissible links are only allowed as so-called "no follow" links, this means they are to be set so that they cannot be used by search engines to calculate the popularity of the link.

1.9 Any influence on the search result lists outside of the options provided by YCG (categorisation, title and visible text of the advert) is not allowed. This includes in particular but not exclusively hidden texts (e.g. white texts on white background, text behind an image, use of a CSS to hide text, use of the font size 0) and hidden links.

1.10 The categorisation, title and advertising text of the advert have to be related to the job advertised in the advert.

1.11 YCG has the right, but is under no obligation to also publish the job advert elsewhere, in particular on sites of partners of YCG, or to make appropriate links to sites of third parties. This is an additional and voluntary service provided by YCG. No additional costs will be incurred by the customer for this.

1.12 The customer is aware that it cannot be ruled out completely given the current state of technology that the job adverts published on the websites of YCG and its partners are copied, linked to and/or published by other internet providers, disguised as their own offer with the help of frames. YCG will endeavour, within the realms of what is technically and legally possible, to prevent any copying, linking and/or framing in the above sense. The customer makes all necessary declarations of consent to this end with the placement of its advertisement order. Any unauthorised publication or any unauthorised linking and/or framing by a third party will not establish the right for the customer to make any claims against YCG.

1.13 Templates provided by the customer for advert building will only be returned by YCG to the customer upon receipt of a specific request in writing by the customer. The obligation to retain ends with the end of the advertising contract.

1.14 YCG does not have to retain the placed advert after the end of the advertising contract.

1.15 In order to improve the quality of the advert across all devices, YCG reserves the right to change the layout of the advert accordingly.

1.16 This specification of services is conclusive.

2. TIME OF PLACEMENT OF THE ADVERT

2.1 The advert will be placed and published at the time agreed in writing with the customer. If no such time has been agreed, the customer can publish the advert immediately after the access details for the customer centre have been sent. The access details for the customer centre will be sent to the customer in writing or by e-mail. In this case the advert placement will start on the day that follows the day upon which the access details are received by the customer.

2.2 The customer is responsible for the delivery of the full, defect-free and appropriate advertising material. YCG will not be responsible for delays which occur due to the content of the advertising text provided by the customer for publication, whether for content or technical reasons.

2.3 The customer has to check the job advert as soon as it is activated and published for completeness and accuracy and immediately notify of any defects. If the customer does not notify of the defects, the placement of the advert will be deemed to have been approved as free of defects.

3. MISCELLANEOUS

3.1 We advise our customers that YCG cannot prevent the unauthorised publication of job adverts by third parties. YCG will though make every effort to prevent such publications within the realms of what is legally and technically possible. The business partner declares its agreement with this.

3.2 If the protected rights of the customer are used in the publication of the advert, in particular trademark rights and copyrights, the customer grants with the advertisement order the authorisation to use these rights. The customer assures that it has the right to grant the authorisation.

3.3 Any offer by YCG quoted at a lower price than in the price list is only valid under the specific conditions for the specific customer. It will not apply if the customer would like a different contract partner, e.g. an agency, to act on its behalf instead.

3.4 The transfer of the contract to a third party by the customer (“reselling”) requires YCG’s prior consent.

II. SPECIAL ADVERTISING PRODUCTS

1 SPECIFICATION OF SERVICES

The specification of services is considered to be a quality agreement and is conclusive. Additional functionalities are not owed.

· Logo of the company A-Z (rotating)

YCG will publish on behalf of the customer a
company presentation specified by the customer including the company logo, which will be provided to YCG by the customer. The company presentation includes a link to the customer’s job adverts.

· Newsletter article

YCG regularly sends a newsletter to registered applicants which contains career-specific topics and company presentations. The customer will be presented uniquely with a text specified by the customer or a text drafted by YCG and a logo/image, and highlighted in the current newsletter. This short company presentation will include a link to the customer’s job adverts on HOTELCAREER.

· Company banner, employer logo, premium company profile

The company banner will be placed in a prominent position in the search results of YCG’s job boards. The customer will provide YCG with the finished company banner as a JPEG or GIF file. If several company banners are posted at the same time, these will appear on a random rotating basis. The employer logo will appear on the homepage on a random rotating basis.

The premium company profile consists of a company presentation in which photos and a video about the company can be integrated. Image files can be supplied in jpg, png or gif format.

The customer can send a link to its video presentation uploaded in its Vimeo or Youtube channel to YCG, which will then be linked to by YCG in the premium company presentation.

The prices and details of the products are based on the YCG price lists or contractual agreements.

· Jobfinder advert, Premium Job and Top Listing

YCG will publish on behalf of the customer an advert specified by the customer in YCG's Jobfinder which is published regularly (hereafter: “Jobfinder advert”). This will consist of a text advert and an image. The text advert must not exceed 300 characters (including spaces and heading) and the image must not be more than 300 pixels wide. The Jobfinder advert will be published in a YCG Jobfinder in accordance with the requirement under press law to separate adverts from editorial content. A link can be made to YCG job adverts, YCG job overviews, YCG company portraits or recruiting events on the customer homepage.

Only one Jobfinder advert per Jobfinder will be published.

The customer has to send the advertising material to YCG in complete and correct form at the same time as the booking, or alternatively at the latest two days before the planned publication date. If the advertising material is not received by YCG in time and in complete and correct form, the right to publication will expire without replacement. YCG’s claim for payment will remain unaffected.

The customer is aware that the Jobfinder is only sent to subscribers. Subscribers can register to receive the Jobfinder free of charge, whereby they will only receive an edition if it contains at least one job advert which matches the profile specified. Subscribers can unsubscribe and use explicit blocking notices. YCG can therefore not guarantee the number of recipients.

With the booking of Premium Job, the customer’s advert will appear on the homepage on a random rotating basis.

YCG offers with Top Listing the placement of adverts in the upper area of the results list which will appear there on a random rotating basis.

· Adverts for training and education courses

YCG offers customers with whom an advertising contract has been concluded the opportunity to offer for a fee during the term of the contract its own training and education courses via the customer centre in YCG’s training and education database. Every course will include a separate course advert with an individual advertising text.

In addition to the course adverts, the top course and company logo premium services can be booked.

Both services appear on the training and education page on a random rotating basis.

The prices and details for billing are based on the YCG price lists or contractual agreements.

III. ONLINE ORDER

1. SPECIFICATION OF SERVICES

These terms and conditions for online orders of job offers supplement our general terms and conditions.

2. CONCLUSION OF CONTRACT

The contract will be concluded when the order is placed by the customer and accepted by YCG. YCG will accept the order within one week with confirmation by e-mail. The confirmation of receipt of the order (§ 312 i Para. 1 Clause 1 No. 3 BGB) is generated automatically and does not constitute any declaration of acceptance. The products and price lists published on the website are always non-binding. We endeavour to publish correct products and price lists at all times. YCG will only be bound to deliver the products at the prices stated after receipt of the declaration of acceptance by YCG.

3. PAYMENT TERMS

3.1 AE commission is NOT granted for online input.

3.2 The invoice is issued upon conclusion of contract, unless otherwise is agreed in the individual contract. YCG reserves the right to demand payment in advance. The payment claim will be payable 10 days after the invoice date without deduction.

3.3 YCG grants refunds in accordance with the statutory requirements.

4. CUSTOMER INFORMATION OBLIGATIONS

4.1 Pursuant to § 312i BGB, Art. 246c of the Introductory Act to the German Civil Code (EGBGB), YCG will provide the following information: The customer will be guided to the contract for advert placement by the following individual technical steps:

· Complete the order form including advertising copy

· On some pages a preview of the advert can be viewed until the order is placed. Before completing the order, the order can be checked for input errors by clicking on the “Order now” button. Corrections can be made by returning to the previous steps by clicking on the corresponding button.

· Customer reads and accepts the GTC

· Customer clicks on “Order now”

· Electronic confirmation of receipt of the order by YCG (this is not a confirmation of the order, but serves as confirmation of receipt of the order)

· Confirmation of the order by YCG by e-mail to the customer

· The contract is concluded with the receipt of the confirmation of the order by YCG. The advert is now placed online.

4.2 These terms and conditions (general terms and conditions, the product-related terms and conditions for adverts and the product-related terms and conditions for online input) comprise the complete contract text for the online placement of an advert. The price for online input will be as stated in the price list which is published on the websites of YCG at the time the contract offer made to the customer of YCG is prepared. The legal relationships which are established by the (free) visit to the YCG website are explained in more detail and defined in our terms and conditions of use. After the conclusion of the contract, in the case of online input we store the customer's entries. After the conclusion of the contract, the data input will not be available to the customer. Furthermore, we point out that we always publish only the current GTC and price lists online and that the GTC and price lists current at the time the contract is concluded will also no longer be available to the customer when they are subsequently updated.

4.3 YCG will provide pursuant to § 312i Para. 1 Clause 1 No. 3 BGB the technical means so that input errors can be identified and corrected before placement of the order. The most important element in the online placement of adverts is the advert preview on each of the three form pages.

4.4 The language available for the conclusion of contract is German.

4.5 YCG is bound by the German data protection standards as well as the codes set out in YCG's terms and conditions of use and data protection declaration.

IV. DATABASE FOR JOB SEEKERS
“Applicant profile search”

1. Description of services

1. 1 YCG maintains a database with curricula vitae of job seekers. For the duration of their contract, customers who have booked access are permitted by YCG to access the database for job seekers and to contact job seekers.

Companies that work on behalf of third parties are not entitled to access the database for job seekers. Similarly, the customer is not permitted to grant access to third parties.

2. Obligations of the customer

2.1 Customers are required to act in accordance with the applicable legal regulations, laws that protect third parties and the principles of common decency.

2.2 In particular, the customer undertakes not to divulge the personal information of candidates, to treat such information in confidence and to comply with all data-protection provisions. If a job seeker asks YCG to delete his/her data and YCG notifies the customer accordingly, the customer is required to delete all copies, files or data belonging to a given candidate without undue delay.

2.3 Any losses, costs, liabilities, compensation payments and other expenses incurred by YCG on the customer’s account will be borne by the client unless YCG is liable for them.

2.4 Candidate information is provided solely by the candidates themselves, meaning that YCG cannot guarantee its completeness, correctness, accuracy or availability. Similarly, YCG cannot guarantee a specific number of responses.

2.5 The data of job seekers who register with YCG is strictly confidential and may only be stored, used and exploited by the customer in accordance with the relevant data protection legislation. Candidates may only be contacted for the express purpose of a candidate search for specific job offers. YCG reserves the right to block the customer’s access in the event of non-compliance.

2.6 The customer is aware that special rules apply to data transfer outside the territory of the European Union. Generally, such data transfer – even within a group of companies – requires the candidate’s consent.

3. Billing models

3.1 The prices and details for billing are based on the YCG price lists or contractual agreements.

V. APPLICANT MANAGEMENT SOFTWARE “HORESO”

1. TRANSFER AND USE OF THE APPLICANT MANAGEMENT SOFTWARE “HORESO”

1.1 As an option and in addition to the advert placement, YCG will grant the customer access upon the conclusion of a corresponding contract to the applicant management software "horeso" for the term of the contract for use over the internet. The application is internet based, the customer does not have to install any new software itself. To this end YCG will store the data input by system users and applicants via "horeso" on a server which can be accessed by customers via the internet.

1.2 In order to ensure the optimal use of all of the functions, a web browser version (of e.g. Mozilla Firefox, Microsoft Internet Explorer, Google Chrome), which should not be over 3 years old, and a screen resolution of 1024 x 768 pixels are required; optimally on a Microsoft operating system.

1.3 YCG grants the customer the basic rights of use required for the use of the applicant management software "horeso".

2. FEE

2.1 The fee for the use of "horeso" will be paid through licences. A licence entitles a business establishment (hotel, business unit and the like) to use "horeso", regardless of the number of uses in this business establishment.

2.2 The customer acquires for a period of one year a licence to use "horeso", for which the customer pays a fee which is stated in the current price list which can be accessed online in the internet at www.horeso.de, unless otherwise has been agreed in writing with YCG. The price list which is valid at the time the order is received by YCG and published by YCG in the internet or communicated to the customer by any other means is relevant. The customer will be sent the price list upon request.

2.3 The invoice is due immediately and payable without deductions within 14 days.

3. CONTRACT TERM AND TERMINATION

The contract is concluded for a fixed period of one year and will be extended in each case by a further year, unless it is terminated by either party with three months’ notice to the end of the contract. The right to terminate due to good cause remains unaffected by this. The notice of termination, whether ordinary or extraordinary, needs to be given in writing.

4. REPRODUCTION RIGHTS AND COPYRIGHTS

The customer may reproduce the application management software "horeso", if the respective reproduction is necessary for the use of "horeso". The necessary reproduction includes the loading of "horeso" onto the working memory, but not even the temporary installation or storage of "horeso" on data carriers (hard drives and the like) of the hardware used by the customer. The customer is not allowed to make further reproductions, including the printout of the programme code.

5. DATA HOSTING

5.1 YCG will store the customer's applicant data on its servers. The customer will remain the sole owner of the data and may demand, in particular after notice of termination of the contract has been given, the return of all data, without YCG being able to exercise any right of retention. The data will be returned in xml, xls or csv format either by the handover of data carriers or by being sent over a data network. Any costs incurred due to the return of the data will be borne by the customer. The customer has no right to receive the software suitable for the use of the data.

5.2 YCG has to take suitable precautions against data loss in the event of a computer crash and to prevent unauthorised access by third parties to this data. For this purpose YCG will make regular backups. Employees of YCG may only be informed of the customer’s access details or obtain right of access to data stored by the customer if this is essential for the performance of the contract.

6. DATA PROTECTION

The customer alone is responsible for the protection of applicant data and compliance with data protection laws. Applicant data belongs exclusively to the customer. The customer can adjust individual settings in "horeso" in order to delete certain applicant data or to make applicants aware of the procedures concerning data protection. If the options in "horeso" are not adequate, it is the customer's duty to inform YCG of this. YCG only guarantees that everything within the realms of what is technically possible will be done in order to prevent any access by third parties to the applicant data without user rights. All data which can be accessed via a user login will be encrypted with a 128-bit Secure Socket Layer (SSL).

Last revised: Düsseldorf, 24.10.2017