General Terms and Conditions of Business and Contract
These terms and conditions constitute an agreement between HDT Recruitment UG (haftungsbeschränkt) and you.
HDT Recruitment UG (haftungsbeschränkt), hereinafter referred to as “HDT”, is a German company based at Leopoldstr. 204b, 80804 Munich. HDT is registered at the Munich local court under the register number HRB 248953. HDT owns and operates the website (www.hiredigitaltalent.today) and the recruitment service (Services) offered by HDT on its website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
By completing the registration process, you declare that you have read, understood and accepted (1) these terms and conditions; (2) they are at least 18 years old and are legally in a position to enter into a contract with hdt;
AND (3) THEY ARE ENTITLED TO ENTER INTO A COMMITMENT IN THEIR OWN NAME OR IN THE NAME OF THE COMPANY INDICATED AS THEIR EMPLOYER AT REGISTRATION AND THEREFORE BIND THAT COMPANY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS THE WEBSITE OR THE SERVICE.
HDT is the operator of a website which can be accessed under the URL https://www.hiredigitaltalent.today (hereinafter referred to as “Website”) in Germany and of the recruitment service offered via the relevant website (hereinafter referred to as “Service(s)”). The entire business relationship between HDT and the respective contracting party (candidate or employer, hereinafter “candidate” or “employer” and collectively “client”), including the future business relationship, is governed by these Terms and Conditions, unless supplemented and modified by HDT´s special terms and conditions for individual products.
1.2 Deviating terms and conditions of the customer are hereby contradicted.
These do not apply unless HDT exceptionally agrees to them in writing (text-form). This shall also apply if the scope of the customer’s terms and conditions goes beyond the scope of these terms and conditions.
1.3 HDT is entitled to change its terms and conditions
For the entire future business relationship with the customer after notification. The amendment shall be deemed approved if the customer does not raise his objection within six weeks of receipt of the notification of the amendment by post or e-mail by post or e-mail. These circumstances will be expressly pointed out in the notification of the customer.
2. Definitions/conditions of these general terms and conditions.
Candidate: Any person who registers on the website to seek professional opportunities for fixed-term or open-ended contracts.
Employer: Any organisation that registers on the website (or sign a contract in text form) interested in recruiting a candidate. Interview Request: A message sent by HDT or the employer to a candidate to inform the candidate of the employer’s interest. An interview request is not binding and does not create any contractual obligations for the candidate and/or the employer. Visibility process: the period of thirty (30) days or a longer period during which employers can submit interview requests to the applicant’s website or via mail: the website https://www.hiredigitaltalent.today
User: a registered user (signed contract) of the website. A user can be a candidate or an employer.
You: every visitor of this website
Description of the service
3. For applicants
HDT is an online service that connects applicants with employers through a clear process. As a candidate, you have the opportunity to find employment in a transparent way by allowing multiple employers to send you interview requests before you even begin the application process. The use of HDT is completely free for candidates. You even receive 500€ with your next job placed by us. The search Process is non-binding and does not create any contractual obligations between the employer and you. It is designed to maximize your value in the marketplace and attract multiple employers effectively, quickly and without obligation.
3.1 For employers
As an employer, HDT offers you the opportunity to receive and view qualified profiles and reduce the costs associated with hiring. You have the right to send interview requests to candidates listed on HDT or send by HDT whose profiles match those your organization is looking for. These interview requests are not binding and non-binding. They do not constitute the conclusion of an employment contract which binds you in any way to the candidates. A retainer fee is due at the start of the search (non refundable monthly retainer €799) and for the employment or other assignment of an applicant.
HDT does not investigate the experiences of its users and does not verify the statements made by users; however, HDT reserves the right to perform such controls or use any other valid means using publicly available information. Therefore, users are responsible for investigations or other means of due diligence required prior to employment or any other assignment to verify the qualities, experience and references of applicants and the suitability of employers.
By creating an account on the Website, you agree to provide accurate, truthful, complete and current information. If you provide false, inaccurate, out of date or incomplete information, HDT has the right to suspend or terminate your account. You are responsible for all activities that take place on your account.
You also agree not to create an account with a false identity or false information or on behalf of another person. You may not have more than one account and may not register or use the Website if you have already been excluded from the Website.
To use HDT as a candidate, you must register to create a searchable profile. The use of the website and the service is free of charge for candidates. When you register, we may ask you to provide information such as your name, email address, education, work experience, skills and other information that we consider relevant. In addition, you agree to provide any proof of identity that we may require of you. We may also allow you to use third-party registration services such as GitHub, LinkedIn or Twitter. If you do so, you acknowledge that the information contained in these third party services is current and accurate and may be used for the purposes of your registration under these Terms. We will review the information you provide to us during the registration process and may also review any other information about you that is publicly available. We reserve the right, at our sole discretion, to accept or decline your registration. If your registration is accepted, you can use our service.
In order to use HDT as an employer, you must also register (or sign a contract). Registration is free of charge. When you register, we may ask you for additional information about your organization and the type of candidates you are looking for. After registering as an employer, you can create one or more search queries to specify the type of applicant you are looking for. We will review the information you provide to us during the registration process and any other publicly available information. We remind you that in order to create an account on the site, you must confirm that you have the permission of your employer. We reserve the right to verify that you have such permission. We reserve the right, in our sole discretion, to accept or decline your registration to use our website. If your application is accepted, you will receive an invoice for the retainer (€799) only if the retainer is paid, you be able to receive profiles of applicants and send interview requests. Once the registration form has been validated, you will receive an email at the address provided to confirm the creation of your account.
5. Your password (if applicable)
You are strongly advised not to choose a password that is a general word and not to change numbers and letters. It is your responsibility to change your password regularly. You are solely responsible for your password and its use. You may not disclose it to any third party or allow any other person to use your HDT account. You agree that entering your email address and password is proof of your identity.
6. Your obligations, commitments & non-disclosure
You will (1) use any content posted by other users (employers or applicants, as the case may be) in accordance with the laws applicable to the right to privacy and the protection of personal data; (2) as an employer, in addition to your internal recruitment service and your own goal of hiring a candidate, you may not disclose the names or identities of applicants or information in connection with an interview request made; (3) as an applicant, not disclose information about an interview request received; and (4) take appropriate physical, technical and administrative measures to protect the Content you receive when using the Website and the Service from loss, misuse, unauthorized access, disclosure, alteration or destruction. Our service allows you to upload photos, CVs and other information, send messages and communicate with other users (content).
6.1 Your Content
You agree not to do so: Upload any Content that violates any applicable law or regulation; upload any Content that is illegal, degrading, violent, threatening, defamatory, libelous, vulgar, obscene, indecent, immoral, hateful, hateful, racially charged, xenophobic, hateful, sexist, anti-Semitic, harassing, or discriminatory; violate the privacy, personal dignity, respect for personal information, confidentiality, or privacy of correspondence; upload any Content that violates the intellectual property rights of others; intentionally disseminate false or harmful information; Upload content to promote or endorse illegal activities, incite hatred and harass others. We are not responsible or liable for User Content, including any User Content that contains false information or is defamatory to third parties. We have no obligation to review, edit or monitor User Content, but reserve the right to remove, review and/or edit User Content at any time without notice. You may notify HDT if you believe that an interview request, profile, message, or other visible content on the Site is clearly unlawful or in violation of these Terms and Conditions by sending a message to the following address: firstname.lastname@example.org.
6.2 Your use of the Website
To the extent permitted by law, which is not exclusive, you agree not to: copy, distribute or disclose any portion of the Site by any means; Not to 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 telecommunications related device; not to interfere with or obstruct the operation of the Site or its servers; not to exceed your user privileges, for example By attempting to use tools to which you do not have access or by deleting, adding or modifying the content of the Site; by not imitating or pretending to be a candidate, employer or person from the HDT team; by not selling or transferring your account to any third party; by not engaging in any practices that may appear to be spam, such as promoting a Site through fake links or promoting your own Site or company by posting advertising messages on your profile.
7. The role of the applicant
During the visibility period, applicants are proposed and / or visible to employers looking for relevant profiles, and applicants may receive interview requests from these employers. Where possible, each interview request will include remuneration details and a job description. Candidates undertake to respond to any interview request sent by an employer within a maximum of 24 hours of receipt. The candidate then has the opportunity – not the obligation – to accept one or more interview requests. Accepting an interview request simply begins with the traditional recruitment process (interviews, etc.). If a potential employees/applicant is contacted from HDT and presented with a job description and is contacting the employers directly and the employer processes his application and hire the candidate, headhunting fees (for the employer) are due in both ways but the applicant receives no signing bonus (if not registered). If the candidate receives a written job offer from an employer, he or she undertakes to respond to the employer within 48 hours. In any case, the candidate must demonstrate professionalism and motivation both during the proposal/visibility period and at each interview with an employer. The candidate should always be available for each contact of the HDT team during the visibility period.
7.1 The role of employers
The employer can access the profiles of applicants (via web, mail or own hr platform) who match their search criteria. You can then send an interview request to one or more candidates. When a candidate accepts the interview request, the traditional recruitment process (interviews, etc.) begins. Once the employer has found a candidate on our website, the employer undertakes to communicate with the candidate exclusively through our website or through a way which comply with HDT, for the duration of the visibility process. The employer and the candidate may use other means of communication as soon as the candidate has accepted the interview application. If potential employees/applicant contacting the employers directly and the employer processes his application and hire the candidate, headhunting fees are due too (we track all activities). The employer undertakes not to attempt to circumvent our website and service by attempting to communicate independently of our website and otherwise hire the candidate after finding the candidate on our website, if that happens, fees are due in the same way as if the candidate comes over the process.
7.2 HDT’s role provides applicants with a location and technical resources to search for and contact employers. The agreements made between employers and applicants do not bind HDT contractually. HDT is not obliged to enforce an agreement between employer and applicant. HDT is not involved in the preparation of these agreements and cannot be held liable for any damages arising out of the enforcement or non-enforcement of these agreements.
8. Fees for employers / clients
A: The search for candidates starts with the payment of a non refundable retainer net 799 € (per candidate & month)
B: The total fee per successfully placed candidate is net 7.999 €
We charge net 1.500€ per day incl. expenses.
The Candidate must immediately inform HDT that he accepts an open-ended or temporary employment offer or any other offer to hire the Candidate’s services from an employer found through the Service. The candidate must provide HDT with a copy of the contract or confirmation of such and inform HDT immediately if the contract is changed or terminated within 3 months of the date of signing, for any reason whatsoever.
We identify, qualify, propose and send up to 10 profiles of qualified candidates to our clients over the time period of max. 10 month if the retainer is paid monthly.
8.1.b Candidate “Signing Bonus”
The candidate receives 500 € 90 days after signing the new contract if he accept an offer and the contract is not cancelled by neither the employee or employer within 3 month for the services of HDT from our clients (hereinafter referred to as employer).
8.2 The employer
After signing an employment contract or a service contract with a candidate, the employer shall provide HDT with a copy of the contract and inform HDT immediately if the contract is amended or terminated for any reason within 3 months of the date on which it was signed. The employer is responsible for fulfilling the formalities prescribed by law and applicable to the applicant. In particular, the employer must verify the nationality of the applicant and, where appropriate, whether he has a valid work permit before appointing the applicant. The employer is also responsible for ensuring that the candidate undergoes a preliminary medical examination if necessary. Employer is liable for full payment of HDT fees: a) if the candidate accepts an employment offer or other commitment to the employer within 12 months of the introduction by the “Visibility” Period, including any other employment offer or commitment other than the original offer. b) if the employer presents the candidate within 3 months of the introduction by the visibility period to another person or company who subsequently employs or hires the candidate. If the employer decides to nominate several candidates identified by HDT, the full fee is payable for each candidate presented by HDT and hired by the employer. HDT fees are payable at the time of the new employment contract is signed regardless of whether a trial period is required or not.
8.3 Payment of fees
1. Headhunting fee per HDT net 7.999 € (minus non refundable retainer net 799 € per month) + VAT
2. Consulting We charge net 1.500 € per day incl. expenses + VAT
The first payment (retainer) must be made before the search begins, the full fee is due by bank transfer at the time when the applicant signs the contract. If the candidate is no longer contractually bound to the employer within 3 months of the candidate’s commencement, the company may request HDT to introduce additional profiles (max 3). The employer has notified HDT of the termination of the contract in writing by registered letter or e-mail within 14 days of termination; the employer, its subsidiary or any other company in the group has not hired the candidate within 12 months of termination of the contract; The reason for the dismissal is solely related to the applicant’s qualifications, qualities or behaviour; the applicant was not dismissed for economic reasons or due to internal restructuring by the employer; the applicant was not recruited on a freelance/contractual basis under a service contract; the applicant was not initially recruited as an employee and then changed to a service contract.
HDT will cease all further monthly payments of recruitment fees at the end of the month of the applicant’s last day with the employer if this is the case: all payments due from the employer have been made in accordance with these terms; the employer has notified HDT in writing (by registered letter or e-mail) of the termination of the contract within 14 days of the termination; the employer, its subsidiaries or any other company of the group have not hired the candidate within 12 months of the termination of the contract; the reason for the termination is solely related to the qualifications, qualities or conduct of the employee found by HDT; the candidate was not dismissed for economic reasons or due to internal restructuring by the employer; the candidate was not recruited on a freelance/contractual basis under a service contract; the candidate was not initially recruited as an employee and then changed to a service contract.
In terms of interns. Payment to HDT of net 1500 € + VAT on the date of signing the internship agreement between the candidate and the recruiter. Payment to the HDT Club service fee of net 1500 €+ VAT in the event that an employment contract, service contract, sub-contract or other contract regulating the service is concluded for remuneration within three (3) months of termination of the traineeship contract. There is no discount period or refund for hiring interns on the HDT platform.
(i) An employer who bypasses our Website after hiring or approaching a candidate found on the Website / a candidate was contacted or proposed by HDT shall pay, in addition to the fees paid pursuant to Clause 8.4, damage of 15% of the candidate’s gross annual remuneration. (ii) If an employer fails to notify HDT of the recruitment of an applicant registered on the Website within 14 days of the date on which the contract was signed: the date on which the applicant commenced work for the employer. In addition to the fees paid under Section 8.4, the employer must pay compensation amounting to 15% of the applicant’s gross annual remuneration. If the employer supplies the employment contract (or service contract) or a document that does not specify the essential terms of the contract (remuneration, date of contract signature, etc.) as agreed with the candidate, in addition to the fees paid under Clause 8.4, the employer shall pay an HDT loss equal to 30% of the annual gross remuneration medium for the position in question, as stated on the annual salary scale published on the website. The parties agree that the amounts set forth in this Condition constitute a true estimate of the damage HDT will suffer as a result of the actions or omissions of the Employer.
8.5 No recruitment fee due
If the employer can demonstrate that it has initiated an active process (as defined below) with the prospective employee in the three months prior to the date on which the employer becomes aware that the applicant’s profile will be published on HDT website or referred/proposed by HDT, the employer is exempt from paying recruitment fees to HDT. An active process is when (1) the employer proves in writing or text-form that it contacted (or was approached by) the applicant in the three months prior to the date on which the employer learned of the applicant’s profile on HDT; (2) the applicant responded positively to the approach (or that the employer responded positively to the applicant’s approach); and (3) a discussion was ongoing between the applicant and the employer on the date on which the employer learned of the applicant’s profile on HDT. If one of these conditions (1, 2, 3) is not met, the recruitment fee shall be paid to HDT under condition 8.4.
HDT shall be entitled to submit an invoice when the fee becomes due. An employer who has opted for monthly hiring payments must complete the direct debit authorization issued by HDT or prove bank transfer documents. The customer shall inform HDT immediately of any changes to the billing address or payment account data. An employer who has chosen the flat fee payment option must pay HDT by bank transfer.
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 in an addressed letter and sent by registered mail within 14 days of the invoice date. In the absence of such a letter, the employer is required to have accepted the invoice. 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. If fees not being paid within 30 days at the latest, all price reductions will vanish, not valid and the full fees will be applied and invoiced.
8.8 Changes to fees and billing agreements
HDT reserves the right to change its fees and billing arrangements at any time and to notify you by email.
9. Intellectual property
The HDT trademark, consisting of the registered or unregistered trademarks, all other trademarks, illustrations, images, texts, comments and logos appearing on the Site, whether registered or not, the general structure of the Site 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 and its licensors. 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.
10. Links to contents of third parties
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.
We assume no responsibility for the advertisements contained on the website. If you agree to purchase goods and/or services from third parties that advertise on the Site, you do so at your own risk. The advertiser, and not us, is responsible for these goods and/or services, and if you have any questions or complaints about them, you should contact the advertiser.
We believe in trust!!!
11.1 Confidentiality of access data
The user undertakes to keep his password and other access data secret and not to pass them on in any form. In the event of loss or theft of access data, the user must inform HDT immediately and in writing (by e-mail or letter with registered delivery).
11.2 Confidentiality of data
12. Exclusion of liability
We (a) provide the Services with reasonable skill and care; (b) use industry-standard virus detection software to prevent the uploading of content to the Website that contains viruses; and (c) grant you access to the Website and the Services subject to condition 14 below. In addition to our obligations above, the Services and the Website are provided on an “as is” basis. We do not guarantee that a candidate will find a job, that an employer will fill a job, that a candidate will be eligible for a vacancy, or that an employer will be eligible for a candidate. To the fullest extent permitted by law, (a) we disclaim all liability, whether in contract, tort (including negligence or otherwise) or otherwise, with respect to the Site and the Services; and (b) all implied warranties, terms and conditions with respect to the Site (whether implied by law, common law or otherwise), including (without limitation) any warranties, conditions or terms with respect to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability and non-infringement. We will not be contractually liable for any economic loss (including but not limited to loss of sales, profits, contracts, loss of business or anticipated savings), (b) loss of reputation, (c) loss of data, (d) special, indirect or consequential damages, even if advised of the possibility of such loss, and/or (e) losses arising out of your failure to provide accurate and complete information where required. Nothing in these Terms 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 English law.
13. Availability of the Service
We will use our best endeavours to make the Website available to you 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. You should report any error on the website and/or services to email@example.com immediately and we will endeavour to correct the error as soon as possible.
14. Suspension and termination
14.1 By HDT
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. If a User 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.
14.2 By the user
If you wish to cancel your account, you can do so by following the instructions on the website. If it is no longer possible for the user to connect to the Internet, he can terminate the account by sending a recorded delivery letter to HDT.
14.3 The consequences of termination may result in all Content you have submitted to HDT being deleted immediately. HDT assumes no responsibility for any suspension or termination, including loss of your 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.
HDT may include an employer’s name in any electronic or other document for marketing and promotional purposes. HDT reserves the right to pass on its obligations under these conditions in whole or in part.
These Terms (as amended) constitute the entire agreement between us regarding your use of the Site to the exclusion of all other terms and conditions, including any terms that you purport to apply.
You are not entitled to assign any of your rights or obligations under these Terms. 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. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
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 German courts.