General Terms and Conditions

Latest update: 28 April 2019

This document sets out the General Terms and Conditions (‘Terms’’) on which the Company "Raoul Gransier, Gransier & Associates e.U.", conducts its business as operator of “Hotel Talent Search”, its business registered and located in Austria, 1170-Vienna, Rudolf-Bärenhartgasse 13/b/5, Company Registration Number at the Commercial Court of Vienna, Austria, Number FN369444a (from now on called “HTS”), and provides Subscribers with access to its "E-Recruiting Solutions" (Recruitment Channel Manager Subscription, in short "RCM") – powered by Talent Clue ™ - through the websites www.hoteltalentsearch.com and www.gransier.com (‘Site’).

Please read these Terms carefully before using the Site and HTS services.
You warrant and represent that you are authorised to enter into these Terms on behalf of the Subscriber Company or Organisation.

HTS is offering its Service solely for use by the signing Entity, and Affiliated Companies, to these Terms of Agreement, and in whose name an account is registered through the Site (the "Subscriber" or "you") and not for the use or benefit of any third party.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms.

The Client explicitly confirms to have understood these Terms and assures it will adhere to this in full. If you do not agree to these Terms, then you may not access or use the Site or the services available through the Site / the Mobile App and/or Executive Search (the ‘Service’).

Additional and extraordinary Conditions regarding Executive Search are published at the end of this document.

Additional and extraordinary Conditions regarding Advisory Services (including Training) are published separately on: http://www.gransier.com/data/Root/GTBEnglishPDF.pdf?rev=1AFB

PREAMBLE

This Agreement has been prepared in line with the EU General Data Protection Regulation 2016/679 of the 27th of April 2016 (from now on called “GDPR”), passed by the European Parliament and the Council.
This Agreement regulates the Conditions for HTS Clients, and their Users, of its RCM Subscription. This document is the Agreement between HTS and its Clients.
HTS subleases the RCM Technology offered by HTS to its Client from the Technology Provider “Talent Clue Solutions, S.L.", located in Spain, 08006, Barcelona, Travessera de Gràcia, 73-79, Piso 2 1.
Subject to the Terms and stipulations in this document, HTS grants the Client, and the Client accepts, a non-exclusive, revocable, non-transferable right to access and use of the RCM Subscription provided by HTS.
These Terms, as well as HTS Privacy Policy (https://www.hoteltalentsearch.com/en/privacy-policy/) regulate the Conditions, under which Work Orders are handled.
The Work Orders by these Conditions are referred to HTS either personally, by phone or in writing by the Client according to its requirements and refer to the variables per service such as service fees, length of the agreement, number of users and vacancies, inclusive Job-Boards and services, etc...
External Job-Boards included in an RCM Subscription may change at any given time, as well as the services and pricing offered by these Job-Boards. Publication of Job-Ads by external Job-Boards cannot be guaranteed by either HTS or Talent Clue.
By using the website https://www.hoteltalentsearch.com and/or the RCM Subscription, the Client agrees to comply with these Terms and Privacy Policy.
If the Client does not accept these Terms and Privacy Policy, then it will not be able to use the RCM Subscription.
HTS reserves the right to modify these Terms, and Privacy Policy, at any time. Any changes HTS may make to both the Terms and Privacy Policy will be notified and made available to the Client.
HTS reserves the right to alter unilaterally, at any time and without notice, the design, presentation, and configuration, as well as some or all the features and/or to add new ones, to its RCM Technology.
HTS reserves the right to suspend, discontinue or cease operating its website https://www.hoteltalentsearch.com and its RCM Technology at any time, and if so, will inform its Clients beforehand.
HTS reserves the right to end the subleasing of its RCM Technology provider (at current Talent Clue) at any time and may switch to another provider if it chooses to do so, at its discretion.

DESCRIPTION OF THE RCM SUBSCRIPTION

General Terms

When signing up for the Service, you must provide your full legal name, the full Company registered name, a valid Company e-mail address (not a free-mail e-mail address such as from Google, Yahoo or Outlook), and any other information requested to complete the signup process.
When signing up for a paid account, or upgrading a free account to a paid account, you must provide your full legal name, the full Company registered name, a valid e-mail address, your correct billing information, and any other information requested to complete the signup or upgrade process.
Accounts registered, or automated login attempts by "bots" or other automated methods are not permitted.
Your login may only be used by your organisation; a single login may not be shared by multiple people within your organisation. You are responsible for maintaining the security of your account and password. HTS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Subscriber agrees to notify HTS immediately of any actual or suspected loss, theft, or unauthorised use of Subscriber's account or password. You are responsible for any Subscriber Content (as defined hereafter) posted and activity that occurs through or under your account. Any fraudulent, abusive or unauthorised use of the Service may be the reason for the termination of Subscriber's right to use the Service or to access the Site.
The subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password and account information from any other user. If you are using a free account, you are not permitted to block ads. One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorised purpose. You may not, in the use of the Service, violate any laws of your jurisdiction (including but not limited to copyright laws). You may not modify, adapt or hack the Service or modify another website to falsely imply that it is associated with the Service, HTS, Talent Clue or any other HTS service.
You may not resell the Service to any third party as a private label or with the inclusion of a markup fee without the expressed written consent of HTS and Talent Clue.

Provision of an RCM Subscription

Clients‘ use of the RCM Subscription will allow the Client an efficient and secure management of his/her recruitment selection process, as well as a definite storage of all the information related to the selection processes (CV’s, personal notes, interview notes, staff involved in the process, statistics of the publications, KPIs, etc…).
A Client can assign a defined number of owned or managed hotels/restaurants (Users) to its RCM Subscription. The maximum number of defined Users is specified per Work Order.
The Client is responsible for assuring compliance by its defined Users with its Agreement with HTS, including the HTS Privacy Policy and Terms.
The Client may not sublease its access to its RCM Subscription to other parties but may provide limited access to its defined Users.
Upon receipt of a Candidate registration or application in the RCM, the system will automatically inform the Candidate of its GDPR Rights & Obligations, and inform the Candidate that neither HTS nor its Client at any time will process, including disclosure of, its Private Data to anyone outside of its organisation, nor will it check references without a Candidate’s prior consent.
The Client is explicitly barred from sharing, processing, copying or disclosing any information about a Candidate to neither its subsidiaries, affiliates, or any other external party.
The Client is barred from sharing Data within its organisation when the recipient is located outside of the EU, or when the recipient e-mail is hosted on a server outside of the EU., and/or when the e-mail recipient is using a free-mail e-mail service (such as Google, Yahoo, or Outlook).

Subscription Users

The Client’s RCM Subscription is valid per one Client, for one owned/managed hotel/restaurant (User) or a defined group of owned/managed hotels/restaurants (Users).
The Fee for the Client’s RCM Subscription is payable by the Client as stated in the confirmed Work Order.
If a Client needs to increase the number of Users of its defined owned/managed hotels/restaurants using its RCM Subscription, it will be able to request this by email to sales@hoteltalentsearch.com.
A mandatory requirement is that extra users are employed/contracted by the same Client.
HTS provides GDPR-Training & Technical Configuration for one User. This includes a Job Widget which the Client can place on the Career Page on its website and/or that of its defined owned/managed hotels/restaurants. Extra Users may be charged an extra fee, which is advised in the Work Order.

Access to the Service

Clients and their Users may access their account only through a secure LAN connection, and not through public WiFi networks.
HTS will make reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week, 365-days a year. However, there will be circumstances when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to the failure of telecommunications links and equipment.
If so, every reasonable step will be taken by HTS to minimise such disruption where it is within HTS reasonable control.
HTS retains the right to create limits on use and storage concerning the Service in its sole discretion at any time with or without notice.
Subscriber certifies to HTS that if Subscriber is an individual (i.e., not an entity), Subscriber is at least 18 years of age. Subscriber also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service.
HTS makes available content through its Service and Site (“Content”). HTS makes no claim that the Service may be lawfully used or that Content may be uploaded or downloaded to and from the Service outside of Austria (EU). Access to Content may not be legal by certain persons or in certain countries. If you use the Service from outside Austria, you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and use the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.

Subscriber Content Storage and Retrieval

The Service may only be used to transmit and store resumes (or CVs), files associated with the process of hiring a candidate (from now on referred to as "Candidate"), job descriptions and comments concerning the preceding (all of the preceding referred to herein as "Subscriber Content").
You may not upload commercial advertisements or any other materials that do not fall within the definition of "Subscriber Content" or transmit unsolicited information, materials or data (including, without limitation, "spam" messages).
You understand that the Service can be used for transmission of your Subscriber Content. You may not transmit or use any worms or viruses or any code of a destructive nature or that attempts to automatically gather information from the screen (screen scraping).
You may not use automated systems ("bots") to upload multiple streams of data, such as for multiple Candidates. If your bandwidth usage is excessive (as determined solely by HTS), to protect the availability of the Service for all Subscribers (including third parties), we reserve the right to restrict your use or disable your account after prior written notification to you, until you can reduce your bandwidth consumption without refund of already paid fees.

Job Advertisements Policy

Through its Service, HTS may offer to distribute announcements of job vacancies (“Job Advertisement”) on Distribution Channels/Job-Boards (defined hereafter) and may change/reduce/ increase distribution channels at its discretion, without notice to the Client, at any time.
HTS may at its sole discretion charge additional fees for Job Advertisements (“Paid Job Advertisements”).
All fees for Job Advertisements will be communicated during the ordering process.
HTS will make reasonable efforts to distribute Job Advertisements to third-party services, job boards and/or other entities in our distribution network (collectively, "Distribution Channels"). However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels or be received and/or read by job applicants or potential job applicants.
Uploading of Job-Ads may take up to 24-hours before they are actually published on the selected Job-Boards. Some Job-Boards require manual uploading or an additional manual check - either/or - by the Job-Board / Hotel Talent Search, which may lead to publication on weekdays only (excluding public holidays).
You accept that entities in the Distribution Channels have no obligation to use or display a Job Advertisement and may reject a Job Advertisement for any reason or no reason, whether you are on a paid Subscription Plan, or a trial or free Subscription, and even if you have paid for a Paid Job Advertisement.
You agree that HTS is not liable to you or any third party if your Job Advertisement is rejected or not posted, and you will not be entitled to any refund for Job Advertisements not posted or distributed.
Should you cancel a Paid Job Advertisement set out via Distribution Channels, we do not offer a refund. By submitting a Job Advertisement, you permit us to distribute that Job Advertisement in the Distribution Channels. You agree not to post or promote any Job Advertisements that contain inaccurate, false, misleading information, that contains hidden keywords or sells or promote services. Your Job Advertisements must comply with applicable local, national and international laws, and regulations including, but not limited to, those relating to labour and employment, and anti-discrimination (or the equivalent in the country that the Job Advertisements are made available, posted or distributed).
HTS makes no guarantee as to the number or quality of candidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate.
In certain cases, entities in the Distribution Channels may require that you agree to additional service policies to allow your Job Advertisement to be distributed on or via their services, and you at this moment agree to such additional service policies as they apply to the distribution of your Job Advertisements. You understand and agree that you are solely responsible for any liability arising out of the publication of Job Advertisements or material to which users can link through such Job Advertisements.
You agree to indemnify and hold HTS and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Job Advertisements provided by you or any other content provided by you, or your breach of this Agreement.

Quality of Service Support

HTS will make commercially reasonable efforts to respond to all incoming support requests within two business days. Our support team is available via sales@hoteltalentsearch.com.

CLIENT CONDUCT

HTS advises its Clients to respond to Job-Applications, which it has received through its RCM Subscription within 7-days of receipt, latest within 14-days of receipt of the Application.
Candidates can contact HTS to file a complaint when they believe the Client has handled their application inappropriate.
HTS may, immediately cancel a Clients Subscription, and/or (temporarily) disable a Client Account and cease providing its services to the Client, without refund on paid or outstanding fees, if the Client or any of its Users: (a) harm, disrupt, or otherwise engage in activity that diminishes HTS brand, services (this includes poor processing of Job-Applications and Job-Candidates), computer systems, hardware, or network, (b) misrepresent Clients identity, impersonate any person or attempt to gain access to or illegally track any account, computers, or networks related to the HTS Services, without authorization, (c) manipulate a HTS Service in any manner not specified by HTS, (d) interfere with any then-current HTS policy with respect to appropriate use of the HTS Services, as determined by HTS, (e) store, back up, or distribute any illegal or unauthorized files or data, or material protected by intellectual property rights of a third party, unless the Client owns or has appropriate rights to such material, (f) store, back up, or distribute material that contains viruses, Trojan horses, worms, corrupted files, or any material that may damage the operation of the HTS Services or another person’s device, hardware, data, or property, (g) engage in conduct that would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation, (h) directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of, frame, mirror, republish, reverse compile, disassemble, download, transmit or distribute, in any form or media or by any means, the HTS Services, (i) merge the HTS Services with other products, software or services, (j) alter or modify any disabling mechanism, (k) wilfully render any part of the HTS Services unusable, (l) assign, rent, loan, or otherwise transfer the HTS Services, (m) remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, received in the provision of the HTS Services, or (n) breach any material provision of these Terms & Conditions.

FEES AND PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING

The Client is responsible for providing HTS accurate and complete contact and billing information.
Use of the Service is free during a service-limited "Free Trial Period” when this is offered for a defined term.
Subscriptions are offered at quarterly, half-yearly and annual fees for up to 3, 5, 10, 15 and unlimited Job-Ads. No discounts or refunds are offered when Clients use fewer Job-Ads as included in their pre-paid subscription.
When the service is offered for a specified allotment of Job-Ads, then the client is to adhere to this allotment. If Clients post more Job-Ads as included in their allotment, then their subscription will automatically increase to the next level of subscriptions (E.g. instead of a subscription of 3-Job-Ads the Client will post 4 Job-Ads, thus automatically upgrading to the Allocation of up to 5 Job-Ads). Clients will be informed of this by HTS, and will then have the choice to either upgrade per quarter, half-year or annual, until the end of their existing subscription. Unless a Client decides within 10-days of being informed of the change in subscription, HTS will increase the subscription only for a quarter (minimum length of the agreement) and invoice the extra charge payable to the Client for payment within 10-days.
A valid credit card is required for paying accounts. Also, PayPal and Bank Transfers are valid methods of payment. Custom invoices always include a minimal usage of 1 up to maximum of 12 months.
The Service is charged in advance, by default on a quarterly, half-yearly or annual basis. There is no refund on pre-paid packages. HTS is authorised to adjust the applicable fee(s), rates and prices for the Service each year within reasonable limits – at a minimum by the Austrian rate of inflation. Promotional fees are valid for a limited duration, whereafter they are increased to the same level as standard fees, which increase may be substantial.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only the Austrian taxes on the income of HTS.
For any upgrade in plan level, the credit card that you provided will automatically be charged at the point in time when you upgrade.
The default payment date for credit card charges and invoices is the same date you place the order or receive the invoices. Services including Job Advertisements will be set live the moment the payment is received.
Reasonable changes after the creation of the Clients Technical Configuration can be requested by the Client, for the duration of the Agreement, free of charge.
HTS charges extra for changes which require a vast amount of work at customised fees which require to be confirmed by the Client before carrying out the work.
An „Employer Branding Workshop“, and/or „Employer Branding Video’s and/or „Photo-Shooting“ can be booked upon request and at an extra charge. Full non-refundable pre-payment is required before providing such services.
In case of late or failed payment, HTS will notify the Client.
If payment is not made to HTS within 10 working days of the first notice of non-payment, HTS will suspend access to the Clients‘ RCM Subscription, with no liability for any claimed damage or losses by the Client, and the Client will lose all their privileges as such, without prejudice of HTS submitting possible claims against the Client for the amounts due.
A delay or non-payment of Fees is not accepted and may lead to an “incasso” procedure through our Credit Agency. If so, interest and legal Fees apply for which the Client is liable in full.
In the case the Client requires HTS to travel to its offices, hotel or restaurant, then travel cost are re-charged at cost for travel by train or express-bus in 1st or Business Class, local public transportation, travel by air or ferry under 4-hours at best available non-restricted fare for (Y) Economy Class (over 4 hours of travel next upgraded class), travel by car at € 0.42 per km, cost for visa, local (airport/train/ferry or bus-station) transfer, parking, and WiFi. Single accommodation in a full-service 3-4-star hotel based on full board and inclusive of tax will be provided for by Client at no extra charge or will be re-charged at cost. Travel insurance is at the cost of HTS unless the Client insists on travel and lodging being booked at restricted booking Conditions. If an exchange rate applies, then this will be obtained from the credit card Company by which card the service was paid for (a handling charge may apply as charged by the credit card Company). For cash payments, the exchange rate will be used on the date of the invoice, obtained from xe.com.
The purpose of travel must be defined and mutually agreed prior to travel, as an additional cost for service/training/counseling may apply.
Services are provided from our offices in Vienna, Austria, and are charged in EURO exclusive of VAT and can be changed by HTS at any time, by a minimum of the Austrian annual inflation rate.
VAT is payable by Austrian clients, while reverse VAT applies for clients located outside of Austria when they can provide a VAT registration number.

RCM SUBSCRIPTION PERIOD

When the service is offered for a specified allotment of Job-Ads, then the client is to adhere to this allotment. If Clients post more Job-Ads as included in their allotment, then their subscription will automatically increase to the next level of subscriptions (E.g. instead of a subscription of 3-Job-Ads the Client will post 4 Job-Ads, thus automatically upgrading to the Allocation of up to 5 Job-Ads). Clients will be informed of this by HTS, and will then have the choice to either upgrade per quarter, half-year or annual, until the end of their existing subscription. Unless a Client decides within 10-days of being informed of the change in subscription, HTS will increase the subscription only for a quarter (minimum length of the agreement) and invoice the extra charge payable to the Client for payment within 10-days.
The Client’s RCM Subscription will be automatically renewed when the service period expires. The Client will be notified of the renewal of its Clients‘ RCM Subscription, by email latest one month before the expiration of its Subscription.
Lack of response from the Client by the expiration date shall be considered as authorisation from the Client to continue the Subscription at the same service level, and Fees valid for the next period (increase by the rate of inflation applies).
If the Client decides not to renew, or cancel its Clients‘ RCM Subscription, then this can be done at any time before the end of the monthly or annual Agreement, without claim for refund.
The Client cannot claim the HTS Owned RCM Candidate Database created under its Clients‘ RCM Subscription, during or after its Subscription.

TERMINATION

You can terminate your account and the Service immediately, until 30-days before the end of your contract term, by emailing your request to sales@hoteltalentsearch.com.
You do NOT have the right to download or request your Subscriber Content (CV Database).
If you terminate your Service before the end of your contract terms, then your termination will take effect by the ending date of your agreement, and you will not be charged again, nor will you receive a refund for any unused portion of the contract term.
Annual contracts have to be cancelled at the latest 30-days before the end of your contract term or will be renewed for a similar contract date automatically.
HTS, in its sole discretion, has the right to suspend or terminate your account and refuse any current or future use of the Service only in case of a breach of these Terms. Such termination of the Service will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all Content in your Account, without refund.
HTS may at any time, without prior notice, terminate the Service if HTS is prohibited from providing the Service to Customer by a) the laws and regulations applicable to HTS or b) any of HTS's business partners or service providers due to governmental economic sanctions against any country or state, without refund.

The Site and its Content are intended solely for the use of HTS and HTS's Subscribers and may only be used by these Terms. All materials on the Site, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations ("Site Content") are the property of HTS and/or third parties and are protected by Austrian and international copyright laws. All trademarks, service marks, and trade names are proprietary to HTS and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Data, information, Subscriber Content including but not limited to information from job candidates by using online forms, which contain additional information such as resumes, motivation letters, answers to questions and additional personal information/work history, and all information in connection with the use of the Service by Subscriber, trademarks and trade names are and will remain the property of HTS – and not off the Subscriber
The Site is protected by copyright under European copyright laws, international conventions, and other copyright laws. Except as explicitly permitted in the next paragraph of these Terms, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or in any way exploit any of the Site Content, software, materials relating to the Service in whole or in part.
The subscriber may download or copy Candidate CV’s for his, her or its normal business activities (not full batch downloads of its access to the database) and not for any other person or entity, and provided that Subscriber maintains all copyright and other notices contained in such Site Content.
The subscriber may not make multiple copies of the Site Content or otherwise distribute or transmit such Site Content to any other person or entity. Subscriber acknowledges and agrees that if Subscriber uses any part of the Service to process Subscriber Content, HTS will have a non-exclusive, worldwide, royalty-free right to copy, publish, display, translate and store the Subscriber Content solely for the normal business use of the Service (e.g. daily operations to keep Service running).
Subscriber represents, warrants and agrees that it will not use the Service to process any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of a third party, (b) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (c) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (d) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (c) of this sentence - so far as it is not beyond its control.
HTS reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber's right to use the Service in case of a breach of these Terms or pursue any other remedy or relief available to HTS and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if HTS is concerned that Subscriber may have breached the immediately preceding sentence).
The Site, including but not limited to the look and feel of the Service, is copyright by HTS. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from HTS. In cases in which such permission is given, all copyright and "powered by" notices, images, and texts ("notices") in rendered pages and outgoing emails must be present. The location of the notice on the page may be altered so long as the notice remains visible.

Our Privacy Policy governs the use of personal data on the Site and in connection with the Service, and to which the Subscriber agrees to be bound as a condition of these Terms and use of the Site and Service. Subscriber will be the Controller, as defined in EU Regulation 2016/679 (“GDPR”), for any personal data processed as part of the Service relating to applicants, potential candidates and Careers Site visitors.
Subscribers will request from HTS a Data Processing Agreement (DPA) if such Personal Data is processed by HTS. Upon such request, HTS will offer the Subscriber a DPA, which meets all requirements as set out in article 28 of GDPR.

PERSONAL DATA PROTECTION AND CONFIDENTIALITY

Legal GDPR regulations apply to HTS, the Client and to the Applicants, which when not respected, ignored or abused, can lead to legal consequences including financial penalties for which the non-compliant party is fully liable, including legal fees.
HTS may access all of the Client’s Data from all the files stored under the Clients‘ RCM Subscription (from now on, the “Data”), at first in line with GDPR and secondly in line with HTS Privacy Policy and the regulations stipulated therein.
HTS is the Owner and Administrator of RCM Candidate Database, which includes Candidates which have applied for Job-Ads published by the Client, to which HTS has exclusive and full access, and to which HTS may refer to for unlimited Executive Search. The Client is neither the Owner nor Administrator of this RCM Candidate Database.
The Client, however, has restricted access to a part of the HTS Owned RCM Candidate Database which lists all of its former Applicants, and in the case a new vacancy occurs the Client may research this part of the HTS Owned RCM Candidate Database and contacted former Applicants when there is a match between the Client requirements and a Candidate profile. All Applicants are informed of this when registering their details with HTS.
For such purposes and in compliance with the provisions of GDPR, HTS, and its Client, expressly states and undertakes to:

- Use and treat the Data stored in the Client’s RCM Subscription with the sole and exclusive purpose of providing and receiving the Recruitment Services.
- Mutually agree on strict confidentiality and privacy of the Data provided by the Applicants regarding their processing and neither discloses any confidential Data regarding the Client and HTS.
- The confidentiality obligations regarding Data set up in this Agreement shall be of unlimited duration and in force after the termination, for whatever reason, of the relationship between the Client and HTS.
HTS and its Client will expressly refrain from using the Data for a different purpose than that agreed upon, and especially from altering them.
Clients are responsible for restricting access and use of Data to Users who are either its employees or its external HR contractors, who absolutely need to have access and knowledge of them in order to carry out the purpose of this Agreement, undertaking to impose on them the confidentiality and prohibition of use obligations regarding the Data, and committing to respond to any breach of the obligations mentioned by any of their employees above mentioned.
If HTS had to sub-contract services to third parties, which could involve accessing Data for which the Client is responsible, HTS will inform its Clients to obtain consent to such sub-contracting, up to one month before implementation. Lack of response from the Client by the implementation date of sub-contracting shall be considered as authorisation from the Client.
HTS will inform their personnel, associates and sub-contractors of the obligations set up in this confidentiality obligation, issuing as many warnings and documents necessary to their Personnel and Associates to ensure compliance with such obligations.
HTS adopts the corresponding Data protection security measures (from now on, the “Security Measures”) as per GDPR as well as update the Secure Measurements according to the legal requirements during the Agreement period.

WARRANTY DISCLAIMER

Subscriber hereby warrants that (a) the Subscriber has the right and capacity to enter into and be bound by these Terms, and (b) the Subscriber shall comply with all applicable laws and regulations regarding the Subscriber’s use of the Service and the Site; and (c) and the Subscriber agrees to abide by these Terms of HTS relating to the Service and the Site as provided by HTS.
You agree to use the Service and the Site at your own risk.
HTS uses other third party service providers (such as network provider, data centers, telecommunication providers) to make the Service and the Site available to the Subscriber.
HTS warrants and will take all reasonable steps to provide the Subscriber with a good level of service, however, HTS does not warrant that such service shall be free of errors or interruptions at all times.
Except as expressly set out herein, to the maximum extent permitted by law, HTS does not warrant that the Site Content (defined hereafter) is accurate, complete, fit for a particular purpose, and any warranties arising by regulations or otherwise in law are at this moment excluded and disclaimed.
HTS may display or provide links or other interaction with third party websites and third party advertising banners on the Site ("Third Party Websites"). In particular, the Services may also provide the Subscriber with the opportunity to connect and publish Subscriber’s Information through Third Party Websites and other third-party services such as social and business networking sites. Use of any such Third Party Websites and third-party services shall be at the risk of the Subscriber and subject to the Terms and Conditions of the Third Party Website provider. HTS cannot be held liable or responsible for Third Party Websites and third-party services including, but not limited to, their quality, contents, Terms of use and availability.

LIMITATION OF LIABILITY

Except for HTS or the Client’s compensation obligations, neither party shall be liable for lost profits or indirect, special, incidental or consequential damages, exemplary or punitive, including if the party was aware or compelled to know those potential damages, and even if the direct damages do not satisfy a compensation.
HTS does not accept any liability for placement of shortlisted or paced Candidate. It cannot guarantee that a Candidate is not assigned another placement or that a Candidate chooses to accept another placement.
HTS has no liability whatsoever for the professional or physical suitability of the prospective employee. Liability is also nonexistent when the prospective employee has undergone aptitude tests, tests and classification tests and the results of these have been divulged to the Client. Claims for replacement are also impossible in the case of damages committed by the prospective or hired employee.
Unless already governed by a local Labour Code or legislation, HTS recommends its Clients to require a mandatory health check of chosen Candidates before offering employment.
The Client must inform each Candidate expressly and certifiably of any possible health hazard.
You expressly understand and agree that HTS shall not be liable for damages resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) statements or conduct of any third party on the Service.
HTS shall not be liable for any amounts that exceed the fees paid by you to HTS under this Agreement during the six (6) month period before the occurrence giving rise to your claim or cause of action against HTS.
The limitations as set out in this article apply to: (i) indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if HTS has been advised of the possibility of such damages); (ii) all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, gross negligence, willful misconduct, strict liability, misrepresentations, and other torts.
The limitations specified in this article will survive termination or expiration of these Terms and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. Any limitations agreed upon under this article will also apply to the liability of HTS’s directors, officers, employees, agents, and members.

INDEMNIFICATION

You agree to indemnify and hold harmless HTS, its contractors, and licensors, and their respective directors, officers, employees, members, shareholders and agents from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses, including but not limited to attorneys' fees, arising out of your use of the Service, for infringement of any intellectual property of Subscriber’s Content in connection with the use of the Service thereof.
The Terms specified in this Section will survive the termination or expiration of these Terms. HTS agrees to indemnify and hold you harmless, your contractors, and licensors, and your respective directors, officers, employees, members, shareholders and agents from and against any and all claims of third parties that the Services infringe intellectual property rights valid in Austria and other member states of the European Union, as well as the United States of America.
The Terms specified in this Section will survive the termination or expiration of these Terms.

MODIFICATION OF SERVICE

HTS reserves the right to make changes to the Service at any time and for whatever reason to improve the Service.
If this change may have consequences for the use, this change will be announced. Changes regarding privacy will be announced to users beforehand through our privacy policy.

THIRD PARTY VENDORS

You understand that HTS uses third party vendors (from now on referred to as the "Vendors") and hosting partners to provide the necessary hardware, software, networking, storage, telemarketing support, and related technology required to run the Service.
HTS does not warrant that the results of the presentation or information will be correct, including prices and ratings, on any screen that results in a transaction of any kind, provided by a third party vendor found by using the Service.
HTS provides no warranty or guarantees that you will receive the same results as shown in the aggregated data presented on job boards or any other rating system found in the Service provided by a third party.

PROMOTIONS & MARKETING

HTS offers Subscriber a public website as part of the Service (Careers Site).
This Careers Site is intended, among other things, to provide you with a publicly available list of jobs, and therefore your usage of your Careers Site is not meant to be private.
Unless expressly prohibited in writing or electronically by you, HTS can use your Company name and mention your usage of this Service in press releases, interviews, promotional materials, sales sheets, presentations, websites, and other self-promotional channels.
You also agree that a "powered by Hotel Talent Search or Talent Clue” graphic or text link can be included with your job listings or e-mails unless you choose to disable or hide this fact.
Any promotions or discounts are valid for services to which the promotion or discount was originally applied; subsequent upgrades or add‐on services are not guaranteed any promotions or discounts.

ELECTRONIC DELIVERY POLICY

You agree that HTS may provide to you required notices, pushes, agreements and other information concerning the Service electronically.
By using the Service, you also agree that HTS is not responsible for the failed electronic delivery of email messages to the address you provide.

RESOLUTION OF DISPUTES

Any disputes arising out of the use of the Service shall be governed by the laws of Austria, without regard to any conflict of laws principles, and any proceedings shall solely be settled in the competent court of Vienna, Austria.

MISCELLANEOUS

These Terms (including the Privacy Policy), as modified in HTS’s sole discretion from time to time, constitute the entire agreement between you and HTS concerning the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.
HTS will publish new versions of the Terms on its website (https://www.hoteltalentsearch.com/Terms). Modifications will enter into effect at the end of any pre-paid period or when upgrading or downgrading. HTS may indicate that preceding modifications will enter into effect earlier, in such case Subscriber may terminate the Service immediately and receive a refund of pre-paid fees for the terminated portion of the pre-paid term. In case of separate Service level agreements or data-processing agreements, those agreements will be added to these Terms as addenda.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. HTS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond HTS's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms will be binding upon, and inure to, the benefit of each party and such party's heirs, representatives, successors and assigns; provided, however, that these Terms are not assignable or transferable by a Party except with HTS's prior written consent by the other Party.
No agency, partnership, joint venture, or employment is created as a result of these Terms.
Questions about the Terms should be sent to sales@hoteltalentsearch.com.

EXTRAORDINARY CONDITIONS REGARDING EXECUTIVE SEARCH

WORK ORDER

HTS requires a confirmed Work Order before starting a Search for qualified professional experts and management staff in hotel keeping and restaurant management.
For the expediency of the assignment, the Client shall provide a most accurate outline of the requirements, describing the job title and duties, workplace, salary and benefits, (latest) starting date and divulging all information that is required for a Successful placement.
The job information must be as clear and brief as possible for the benefit of the Applicants and the Client’s image, as well as that of HTS, not to mislead Applicants.

SERVICES AND FEES

A published search lasts 30-days, while non-published searches can take up longer.
For exclusive searches select either 18% of the maximum annual gross salary which offers a 3-month guarantee, or 20% which provides a 6-month guarantee.
Non-exclusive searches are charged at 20% (3-months guarantee) or 22% (6-months guarantee).
Discounts apply, for repeat Clients and for "White Label" services in connection with an RCM Subscription.

EXECUTIVE SEARCH PROCESS

HTS services are provided at its offices in Vienna, Austria.
HTS confirms the operational handling procedure of each Executive Search per Work-Order.
Search Profiles prepared and published by HTS for an Executive Search assignment, are the ownership of HTS, and may not be used or copied by Client for self-hire and/or distribution and use by other Search agents, either during or after the hire. When violated by the Client or its chosen agent, a penalty Fee may be fined to the Client up to 10% of the estimated Fee for the placement by the Client.

TRIAL PERIOD AND PLACEMENT GUARANTEE

The expression “trial period” is not based on the legal trial period or trial period binding in the Collective Agreement or local Labor Code as defined in the Agreement of employment between employer and employee, but is confirmed in the agreed Work-Order.
Should an employee, which has been recruited as a consequence of an HTS Executive Search, leave a placement, or be dismissed for any legitimate and reasonable reason (excluding sale of the Asset and/or change in Management Agreement or Company, or the Client withholding the employee's wages), within the trial period then HTS guarantees – where the balance has been received by HTS latest within 7-days from the date of invoice, to provide a single (once only) replacement Search up to a maximum shortlist of 3 Candidates at no additional cost – unless the newly placed Candidate is hired at a higher salary as the originally placed Candidate in which case the Success Fee will be newly calculated, and the difference to be paid by Client upon Agreement signature of the replacement Candidate.
In the event of no suitable replacement provided, HTS will issue a credit note, which can be used with a time limitation of 12-months for one further assignment, with a maximum limit of three shortlisted Candidates per this new assignment.

PAYMENT

Executive Search Fees are based on the maximum total gross salary per full year, no less as the estimated Fee advised in the Work-Order, exclusive of employer contribution and bonus/benefits, and are regardless of a scalable salary agreement whereby an initial salary grows over time. In the case of an agreed net salary, our Fee will be increased by 2%, e.g. from 22% to 24%.
We require the first payment in the value of 10% on the estimated Success Fee when being commissioning for the search. The second payment in the value of 25% on the estimated Success Fee is due upon your acceptance of a shortlist of up to 3 Candidates, and the remaining Fee is payable when the chosen Candidate signs an employment contract – not upon the starting date and not after a trial period. Discounts only apply when the Client settles within the agreed payment goal.
HTS must be informed by the Client, at once and without delay, upon contract agreement signature, between Candidate and Client of the agreed Conditions (may this be a Labour agreement or Service agreement) by providing a copy of the employment/contract agreement.
HTS will issue an invoice to the Client upon agreement signature, between Candidate and Client, which is payable by the Client within 7-days from receipt of invoice (date of email sending applies). It is explicitly understood that payment of the HTS Fee will not be put on hold by the Client until the start of employment, or until completion of a trail-period.
When the Client violates this – regardless if by mistake or with intent, HTS may serve an “incasso” by our credit agency which leads to the additional credit agency and legal Fees payable by the Client.
Should a potential Candidate suggested by HTS at first be rejected by the Client, then the full Fee is payable if the Client nevertheless employs the Candidate who has been introduced by HTS within 12 months of introduction.
The appropriate Fee is also payable if a Client employs a Candidate again later after terminating the employment relationship during the trial period.

Please, get in touch with us for more information

Hotel Talent Search is operated by Gransier & Associates, which is a Business Advisory firm based in Vienna, Austria.
If you are an employer looking to hire new talent, then we offer you to contact us today to have a chat about how we can help you. Candidates can register themselves online by clicking here or click here to browse all actual jobs for which we are recruiting.