PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
General Terms & Conditions
of HDT Recruitment GmbH
1. HDT Recruitment GmbH, hereinafter referred to as “HDT”, headquartered at Leopoldstr. 204b, 80804 Munich is a recruitment firm for companies with the focus on digital and technical business model. HDT is registered at the Munich Municipal Court under the number HRB 248953.
2. HDT owns and operates the website www.hiredigitaltalent.today (hereinafter referred to as “website”) and is solely responsible for the recruitment services (hereinafter referred to as “Services”), offered to potential candidates and employers (collectively referred to as “Clients”) in the recruitment process.
3. These Terms & Conditions are based on the following additional definitions:
– Candidate: Any individual seeking employment with the help of HDT’s Services;
– Employer: Any commercial organization interested in retaining HDT’s Services for recruitment purposes;
– Request: A non-binding message sent by HDT or the Employer to a Candidate with the goal to inform the Candidate of the Employer’s interest.
4. The entire business relationship between HDT and the Clients is governed by these Terms and Conditions, unless stated differently in the individual agreement. Any Terms & Conditions of the Clients or other Parties are hereby expressly excluded.
5. These Terms & Conditions may be subject to future amendments. The Clients shall be informed of such changes and provided with the opportunity to object. The new version shall be deemed approved if the Client does not object within four weeks of receipt of the notification; an express approval shall be deemed unnecessary.
II. For Candidates/Freelancers/Interns
6. Upon expressing the interest in becoming a potential Client, the Candidate shall complete the registration process, in the course of which the Candidate shall be requested to provide his personal data including his name, age and contact information and to declare that he/she
· has read, understood and accepted these Terms and Conditions;
· is of age and may be legally employed in the country where employment is sought
· is legally authorized to enter a binding agreement with HDT and
· agrees to provide any proof of identity that may be required.
In case the Candidate does not agree to be bound by these Terms & Conditions, he/she shall be banned from accessing the website or contracting HDT’s Services.
If the Candidate accepts these Terms & Conditions as binding, he/she shall be asked to provide a current curriculum vitae specifying the Candidate’s employment history and education by means of electronic communication.
7. The placement process does not create any contractual obligations for the Candidate; it is designed to maximize the Candidate’s value on the job market and is therefore cost-free for Candidates. HDT confirms to pay to the registered Candidates 500 EUR (only in Europe, in other markets accordingly and in proportion to the success fee) in case the Candidate is placed (full-time) after having engaged HDT after signing the employment contract if such is not terminated within 3 months.
8. Candidates are proposed and made visible to potentially interested Employers and may receive interview requests in the course of their cooperation with HDT. Where possible, each interview request will include remuneration details and a job description.
9. The Candidate shall be permanently available for a contact with the HDT team during the visibility period and shall respond to any interview request sent by an Employer within a maximum of 24 hours upon receipt. The Candidates then have the opportunity, however, not the obligation, to accept the proposed interview request.
10. If a Candidate is contacted by HDT and receives a job description and decides to apply with the Employer directly and the application is ultimately successful, HDT retains the claims mentioned in the clause 19.
11. The Candidate shall demonstrate general professionalism and motivation both during the proposal/visibility period, specifically in case of receiving an interview request or an employment offer.
12. The Candidate shall immediately inform HDT of all employment offers received and provide HDT with a copy of the contract as well as notify HDT immediately in case the contract is changed or terminated within 3 months of the date of signing for any reason whatsoever.
13. These Terms & Conditions equally apply to the interns and freelancers seeking potential employ, however, the fees charged by HDT deviate in accordance with clause 20.
III. For Employers
14. HDT offers to the Employers the opportunity to review profiles of pre-selected Candidates and reduce the costs associated with hiring. If the profile seems potentially of interest, an Employer shall have the right to send interview requests to candidates listed in the HDT’s candidate pool or send a message to HDT specifying the currently searched candidate profiles. HDT identifies and provides up to 10 profiles of qualified candidates over the time period of max. 10 months as long as the monthly retainer fee is paid in due course.
15. After being provided with a candidate profile, the Employer shall contact the candidate within 3 to max. 5 business days. If the employer doesn’t contact the candidate within 10 business days, HDT is authorized to introduce the candidate to other potential employers as well.
16. HDT does not verify the statements made by the Service users; however, HDT reserves the right to perform audits and verify the information, specifically provided by the Candidates, using publicly available information.
17. The Clients may use other means of communication as soon as the Candidate has accepted the interview request, however, the Employer undertakes not to attempt to circumvent the website and, or HDT services by attempting to communicate with the Candidate independently or outside of the agreed means of communications. In this case or if a Candidate is hired by the Employer without informing HDT, HDT shall be entitled to demand a penalty payment amounting to 25% of the gross annual remuneration in accordance with the aforementioned signed employment agreement.
18. However, If the Employer can demonstrate that the contact was already initiated in the three months prior to the date on which the Employer becomes aware that the Candidate’s profile would be published on HDT website or referred/proposed by HDT, the Employer is exempt from paying any recruitment fees or damages.
19. HDT charges a non-refundable retainer fixed fee in the amount of 799 EUR (excl. VAT) per month; in case of a successful placement of a Candidate, HDT charges an 7.999 EUR (excl. VAT) but shall deduct retainer payments. Other fees and costs shall not be charged. The first payment (retainer) shall be made upon registration, the full fee is due by bank transfer at the time when the Candidate signs the employment contract (or any other form of a work agreement). Should the employee resign within 8 weeks, or the employee contract is terminated due to performance related issues, HDT shall provide 10 new profiles in line with the agreed the job description and compensation.
20. In case of an employ of freelancers or interns, the fees charged to the Employers shall amount to 1.500 EUR instead of 7.999 EUR.
21. For consulting services, Employers shall be charged 1.500 EUR (excl. VAT) per day.
22. HDT invoices are payable upon receipt. If payment is not received within 14 days, HDT shall be entitled to charge costs and interest on the outstanding amount without prior notice. Any dissatisfaction of the Employer with an invoice or the nature of the services must be clearly expressed within 14 days of the invoice date. All HDT invoices are available to the employer online. Any discounts, promotions, special offers and reduced prices will only be valid when fees are paid upon receipt and on time.
23. HDT may amend the fee schedule mentioned in these Terms & Conditions upon prior written notice to the Employer.
24. By accessing the website and creating an account, the Clients agree to provide accurate, truthful, complete and current information and to refrain from using a false identity or false information or acting on behalf of another person. Each Client may have only one account and may not register or use the website after being banned from using it. HDT may use discretion allowing to use third-party registration services such as GitHub, LinkedIn or Twitter.
25. The Clients agree that entering the email address and password in the course of the registration shall qualify as the proof of their respective identity.
26. The Clients are responsible for all activities originating in their account. In case the information provided is inaccurate, out of date or incomplete, HDT has the right to suspend or terminate the account.
27. The Candidates shall create a searchable profile upon registration; once the registration form has been validated, the Candidate shall receive an email at the address provided to confirm the account.
28. HDT shall review the information provided in the course of the registration process and reserves the right, at its sole discretion, to accept or decline the registration. If the registration is accepted, the Candidate is authorized to use all Services available on the website.
29. Employer registration is equally free of charge. In the course of the registration Employers may be asked for additional information about their corporate organization and the type of candidates they are looking for. After registering, the Employers can also create one or more search queries for the specific candidate profiles. Once the registration form has been validated, the Employer shall receive an email at the address provided to confirm the account.
30. If the application is accepted, the Employer shall receive an invoice for the retainer fee; only if it is paid, the Employer shall be able to receive and review candidate profiles and send out requests.
V. Security, Content & Use of the Website
31. The Clients are strongly advised not to choose a password that is too generic and can be guessed easily as well as to change their password regularly. The passwords may not be disclosed to any third party, the Clients shall equally not allow any other person to use their HDT account.
32. Any content posted by the Clients shall strictly comply with the general laws – specifically, with regard to the legislation in the areas of privacy and the protection of personal data – as well as the internal guidelines adopted by HDT; HDT is authorized to remove all content that may be considered offensive, illegal or polemic in its own discretion.
In connection hereto, the Clients shall not
· copy, distribute or disclose any information from the website;
· download, publish, transmit or distribute any material that contains viruses or other computer code, files or programs designed to interrupt, interfere with or limit the operation of any software, hardware or other telecommunication devices;
· interfere with or obstruct the operation of the website or its servers;
· exceed their user privileges, for example, by attempting to use unauthorized tools;
· imitating or pretending to be a Candidate, Employer or HDT employee;
· engaging in any practices that may qualify as spam, such as promoting other websites or companies by posting or forwarding advertising messages to other users.
33. In addition, the Clients shall take all appropriate physical, technical and administrative measures to protect the uploaded content as well as to prevent the content pertaining to HDT and other Clients. The protection shall specifically prevent its loss, misuse, unauthorized access, disclosure, alteration or destruction.
34. The Employers and the Candidates are strictly banned from disclosing the names or identities of other users of the Services provided by HDT, information in connection with the requests received and made and any other data pertaining to the positions advertised, frame conditions of the employment relationships and any other potentially confidential knowledge. HDT reserves legal counter-measures in case of known potential violations of this clause.
35. The HDT trademark, consisting of the registered or unregistered trademarks, all other trademarks, illustrations, images, texts, comments and logos appearing on the website, whether registered or not, the general structure of the website and the text software, animated and immovable images, reports, drawings, illustrations, databases or any other element comprising the Site, is and remains the exclusive property of HDT. The same applies to all copyrights, designs, utility models or patents owned by HDT. Any reproduction, in whole or in part, modification, extraction or use, for whatever reason and by whatever means, without the prior and express consent of HDT is strictly prohibited.
36. Links to other websites of third parties may be available on this website. HDT has no control over these Internet pages or their contents. The inclusion of links to such sites does not imply endorsement by HDT of such sites, their content or the products and services offered through them. You are solely responsible for its use. HDT assumes no responsibility for the advertisements contained on the website.
37. HDT will use its best endeavors to make the website available at all times. However, access to the website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs or due to failure of telecommunications connections and/or equipment. Any known error on the website and/or with regard to the provision of Services shall be communicated to firstname.lastname@example.org immediately.
38. If the Employer fails to pay the invoice on time or otherwise breaches these Terms, HDT reserves the right to terminate access to the Services or suspend access to the Services until all outstanding payments have been made or the breach remedied. Equally, if the Candidate breaches any of its obligations under these Terms, HDT may suspend or terminate its account and its right to use the Service at any time without notice.
VIII. Exclusion of liability
39. HDT provides the Services with reasonable skill and care and uses industry-standard malware detection software to prevent the uploading of contents to the website that contains malware.
The Services and the Website are provided on an “as is” basis.
HDT does not guarantee a match between the Employer and the Candidate, specific eligibility for a vacancy or signing of the employment agreement even if a temporary consent of both Parties is reached.
To the fullest extent permitted by law, HDT excludes all liability, whether in contract, tort (including negligence or otherwise) or otherwise, with respect to the website and the Services and any warranties, conditions or terms with respect to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability and non-infringement.
HDT is not contractually liable for any economic loss (including but not limited to loss of sales, profits, contracts, loss of business or anticipated savings), loss of reputation, indirect loss of data, indirect or consequential damages, even if advised of the possibility of such loss, and/or losses arising out of the Client’s failure to provide accurate and complete information where required.
Nothing in these Terms & Conditions shall be construed to exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by German law.
40. If a Client wishes to cancel the account, he can do so by following the instructions on the website. The consequences of termination may result in all content submitted to HDT being deleted immediately. In this case HDT assumes no responsibility for any suspension or termination, including loss of Content. All provisions of these terms and conditions, which by their nature should continue to apply after termination, shall apply after termination, including but not limited to the Terms and Conditions of Ownership, the Conditions of Engagement, Disclaimer, Indemnity and Limitation of Liability.
41. HDT may include an Employer’s name in any electronic or other document for marketing and promotional purposes.
42. HDT reserves the right to pass on its obligations under these conditions in whole or in part.
43. These Terms (as amended) constitute the entire agreement between the Parties.
44. The Clients are not entitled to assign any rights or obligations under these Terms.
45. These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany and any dispute relating to the validity, interpretation or termination of these Terms shall be subject to the exclusive jurisdiction of the courts of Munich.
46. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be construed to the fullest extent possible to reflect the intentions of the parties and all other provisions shall remain in full force and effect. The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.