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General Terms & Conditions Recruitment Services

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Latest update: 1 July 2021

This document sets out the General Terms and Conditions ("Terms") on which the Sole Trader "Raoul Gransier, Gransier & Associates e.U.", conducts its Recruitment Services (the "Services"), its trading activity 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 "G&A"), and provides Subscribers with access to its Site, System or the Service through its recruitment system ("System"), the website https://www.gransier.com ("Site", and "Sites").

Please read these Terms carefully before using the Site(s), System, and Service.
You warrant and represent that you are authorised to enter these Terms on behalf of the Subscriber Company or Organisation.

G&A is offering its Site, System or the Services 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, System or the Service (the "Subscriber" or "you") and not for the use or benefit of any third party.
Any new features that augment or enhance the current Site, System or 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 (the Client) do not agree to these Terms, you may not access or use the Site, System or 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 27 April 2016 (from now on called "GDPR"), passed by the European Parliament and the Council.
  • This Agreement regulates the Conditions for G&A Clients and their Users of its Site, System or Service. This document is the Agreement between G&A and its Clients.
  • G&A subleases a recruitment system ("System") from two recruitment technology firms, these being:

"Talent Clue Solutions, SL", located in Spain, 08006, Barcelona, Travessera de Gràcia, 73-79, Piso 2 1
"Zoho Corporation GmbH", located in Germany, 40213 Düsseldorf, Trinkausstrasse 7

  • Subject to the Terms and stipulations in this document, G&A grants the Client, and the Client accepts, a non-exclusive, revocable, non-transferable right to access and use of the Site, System or Service through a subscription provided by G&A.
  • These Terms, as well as G&A Privacy Policy (https://www.gransier.com/en/privacy-policy/) regulate the Conditions under which Work Orders are handled.
  • The Work Orders by these Conditions are referred to G&A either personally, by phone or in writing by the Client according to its requirements and refer to the Site, System or Service 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 a Site, System or Service 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 G&A or any of the two recruitment technology firms.
  • By using any of G&A websites and/or the Site, System or Service 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 Site, System or Service subscription.
  • G&A reserves the right to modify these Terms, and Privacy Policy, at any time. Any changes G&A may make to both the Terms and Privacy Policy will be notified and made available to the Client.
  • G&A 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 Site, System or Service subscription.
  • G&A reserves the right to suspend, discontinue or cease operating its website(s) and its Site, System or Service at any time, and if so, will inform its Clients beforehand.
  • G&A reserves the right to end the subleasing of its System provider (at current, these being both "Talent Clue" and "Zoho") at any time and may switch to another provider if it chooses to do so, at its discretion.

DESCRIPTION OF THE SITE, SYSTEM AND SERVICES

General Terms

  • When signing up for the Site, System or 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 sign up process.
  • When signing up for a paid account or upgrading a free account to a paid account, you must provide the full Company registered name, a valid company e-mail address, your correct billing information, and any other information requested to complete the sign up 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. G&A cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • Subscribers agree to notify G&A immediately of any actual or suspected loss, theft, or unauthorised use of the 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 Site, System, or Services may be the reason for the termination of Subscriber's right to use and access the Site, System or Service.
  • 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 Site, System or Service for any illegal or unauthorised purpose. You may not, in the use of the Site, System or Service violate any laws of your jurisdiction (including but not limited to copyright and privacy laws). You may not modify, adapt, or hack the Site, System or Services or modify another website to falsely imply that it is associated with the Service, G&A, "Talent Clue" or "Zoho" or any other G&A service.
  • You may not resell the Site, System or Service to any third party as a private label or with the inclusion of a markup fee without the expressed written consent of G&A and "Talent Clue" or "Zoho".

Provision of a System subscription

  • Clients' use of the Site, System or Service subscription will allow the Client efficient and secure management of his/her recruitment selection process, as well as 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 Users (excluding franchised Users) to its Site, System or Service 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 G&A, including the G&A Privacy Policy and Terms.
  • The Client may not sublease its access to its Site, System or Service Subscription to other parties but may provide limited access to its defined Users.
  • Upon receipt of a Candidate registration or Application in the Site, System or Service Subscription, the System will automatically inform the Candidate of its GDPR Rights & Obligations and inform the Candidate that neither G&A nor its Client at any time will process, including disclosure of, it's Private Data to anyone outside of its organisation, nor will it check references without a Candidate's prior and written consent. 
  • The Client is explicitly barred from sharing, processing, copying, or disclosing any information about a Candidate to neither its subsidiaries, affiliates, nor any other external party.

Site, System or Services Subscription Users

  • The Client's Site, System or Service subscription is valid per one Client, for one owned/managed User or a defined group of owned/managed Users (excluding franchised Users).
  • The Fee for the Client's Site, System or Service subscription is payable by the Client as stated in the confirmed Work Order.
  • If a Client needs to increase the number of its defined owned/managed Users using its Site, System or Service Subscription, it will request this by e-mail to sales@gransier.com.
  • A mandatory requirement is that extra Users are employed/contracted by the same Client and not franchised to the Client.
  • G&A provides GDPR-Training & Technical Configuration for one User. This may include a Career Site with a Job Widget. Extra Users may be charged an extra Training & Configuration fee, which is advised in the Work Order.

Access to the Site, System or Service

  • Clients and their Users may access their Account only through a secure LAN connection and not through public WiFi networks (unless connected through a licensed and active VPN).
  • G&A will make reasonable efforts to ensure that the Site, System or Service is available twenty-four hours a day, seven days a week, 365-days a year. However, there will be circumstances when the Site, System or 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 G&A to minimise such disruption where it is within G&A's reasonable control.
  • G&A retains the right to create limits on use and storage concerning the Site, System or Service in its sole discretion at any time with or without notice.
  • Subscribers certify to G&A that if the Subscriber is an individual (i.e., not an entity), then the Subscriber is at least 18 years of age. Subscriber also certifies that it is legally permitted to use the Site, System or Service and takes full responsibility for the selection and use of the Site, System or Service.
  • G&A makes available Content through its Site, System or Service ("Content").
  • G&A makes no claim that the Site, System or 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 Site, System or 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 Site, System or 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 Site, System or Service.
  • Site, System or Service Subscriber Content Storage and Retrieval
  • The Site, System or 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 Site, System or 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 numerous Candidates. If your bandwidth usage is excessive (as determined solely by G&A), to protect the availability of the Site, System or 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 Site, System or Service, G&A may offer to distribute announcements of job vacancies ("Job Advertisement") on Distribution Channels "Job-Boards & Social Media" (defined hereafter) and may change/reduce/ increase distribution channels at its discretion, without notice to the Client, at any time.
  • G&A 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.
  • G&A will make reasonable efforts to distribute Job Advertisements to third-party services, job boards, social media, 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. Therefore, we provide no guarantee that your Job Advertisements will 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, sometimes up to 48-hours, before they are published on the selected Job-Boards. Some Job-Boards require manual uploading or an additional manual check - either/or - by the Job-Board / G&A, 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 Job Advertisement.
  • You agree that G&A 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 published 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, EU (GDPR) 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).
  • G&A makes no guarantee as to the number or quality of candidates that you will receive because 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. 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 G&A and its subsidiaries and their respective officers, directors, employees, and agents harmless from and against 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

  • G&A will make commercially reasonable efforts to respond to all incoming support requests within one business day. Our support team is available via sales@gransier.com.

CLIENT CONDUCT

  • G&A advises its clients to respond to Job-Applications, which it has received through its System subscription, within 7-days of receipt, at latest within 14-days of receipt of the Application.
  • Candidates can contact G&A to file a complaint when they believe the Client has handled their Application inappropriate. G&A will inform the Client at once.
  • G&A may, immediately cancel a Clients Site, System or Service 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 the G&A 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 G&A Services, without authorization, (c) manipulate a G&A Service in any manner not specified by G&A, (d) interfere with any then-current G&A policy regarding appropriate use of the G&A Services, as determined by G&A, (e) store, back up, or distribute any illegal or unauthorised 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 G&A 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 offence, 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 G&A Services, (i) merge the G&A Services with other products, software or services, (j) alter or modify any disabling mechanism, (k) wilfully render any part of the G&A Services unusable, (l) assign, rent, loan, or otherwise transfer the G&A Services, (m) remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, received in the provision of the G&A Services, or (n) breach any material provision of these Terms & Conditions.

FEES AND PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING

  • The Client is responsible for providing G&A accurate and complete contact and billing information.
  • Use of the Site, System or Service is free during a service-limited "Free Trial Period" when this is offered for a defined term.
  • Subscriptions are offered at set fees confirmed in the work order. No discounts or refunds are offered when Clients use fewer Job-Ads as included in their pre-paid Subscription.  
  • A valid credit card is required for paying accounts. Also, PayPal and Bank Transfers are valid methods of payment.
  • The Service is charged in advance. There is no refund on pre-paid packages. G&A is authorised to adjust the applicable fee(s), rates, and prices for the Site, System or Service at any time 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 G&A.
  • 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.
  • The Client can request reasonable changes after the creation of the Clients Technical Configuration for the duration of the Agreement, free of charge.
  • G&A charges extra for changes that require a vast amount of work at customised fees, which need 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, G&A will notify the Client.
  • If payment is not made to G&A within 10 working days of the first notice of non-payment, G&A will suspend access to the Clients' Site, System or Service 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 G&A 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 G&A to travel to its offices, hotel or restaurant, then travel costs are re-charged at cost for travel booked by the business travel agency "Travelperk" from Spain, 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, the cost for visa and when required health-screening, 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 the Client at no extra charge or will be re-charged at cost.
  • Travel insurance is at the cost of G&A unless the Client insists on travel and lodging being booked at restricted booking conditions.
  • If an exchange rate applies, 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 upon before travel, as an additional cost for service/training/counselling may apply.
  • Services are provided, in principle, from our offices in Vienna, Austria, and are charged in EUR exclusive of VAT and can be changed by G&A 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.

SITE, SYSTEM AND SERVICE SUBSCRIPTION PERIOD

  • Site, System or Service Subscriptions are valid up to 12-months maximum. 
  • Subscriptions are either at a fixed fee per month, paid at once for the contracted term, or open subscriptions during which pre-paid job-ad credits can be exchanged for job-ad publications.
  • A Client's paid Site, System or Service Subscription will be automatically renewed when the service period expires.
  • The Client will be notified of the renewal of its Clients' Site, System or Service by e-mail at the latest one month before the expiration of its Subscription.
  • Lack of response from the Client by the expiration date shall be considered 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' Site, System or Service 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 G&A owned System CV-Database created under its Clients' Site, System or Service Subscription, during or after its Subscription.

SITE, SYSTEM AND SERVICE TERMINATION

  • You can terminate your Account and the Site, System or Service Subscription, by e-mailing your request to sales@gransier.com without refund of any fees paid.
  • You do NOT have the right to download or request your Subscriber Content (CV Database).
  • If you terminate your Site, System or Service Subscription 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 must be cancelled at the latest 30-days before the end of your contract term or will be renewed for a similar contract date automatically.
  • G&A, in its sole discretion, has the right to suspend or terminate your Account and refuse any current or future use of the Site, System or Service only in case of a breach of these Terms. Such termination of the Site, System or 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.
  • G&A may at any time, without prior notice, terminate the Site, System or Service if G&A is prohibited from providing the Service to Customer by a) the laws and regulations applicable to G&A or b) any of G&A's business partners or service providers due to governmental economic sanctions against any country or state, without refund.

COPYRIGHT & CONTENT OWNERSHIP

  • The Site, System, Service and its Content are intended solely for the use of G&A and G&A'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 G&A and/or third-parties and are protected by Austrian and international copyright laws. All trademarks, service marks, and trade names are proprietary to G&A and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site, System or Service.
  • Data, information, Subscriber Content including but not limited to data 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 Site, System or Service by Subscriber, trademarks and trade names are and will remain the property of G&A – and not of the Site, System or Service Subscriber.
  • The Site, System and Service are protected by copyright under European copyright laws, international conventions, and other copyright laws. Except as explicitly permitted in the next paragraph of these Terms, subscribers 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, System or Service Content, software, materials relating to the Site, System or 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, System or Service Content or otherwise distribute or transmit such Content to any other person or entity. Subscriber acknowledges and agrees that if Subscriber uses any part of the Site, System or Service to process Subscriber Content, G&A 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 Site, System or Service to process any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of a third-party, (b) is libellous, 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.
  • G&A reserves the right to remove any Subscriber Content from the Site, System or Service, suspend or terminate Subscriber's right to use the Site, System or Service in case of a breach of these Terms or pursue any other remedy or relief available to G&A and/or the Site, System or Service 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 G&A is concerned that Subscriber may have breached the immediately preceding sentence).
  • The Site, System or Service, including but not limited to the look and feel of the Service, is copyright by G&A. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from G&A. In cases in which such permission is given, all copyright and "powered by" notices, images, and texts ("notices") in rendered pages and outgoing e-mails must be present. The location of the notice on the page may be altered so long as the notice remains visible.

PRIVACY POLICY

  • Our Privacy Policy governs the use of personal data on the Site, System or Service 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, System or Service.
  • Subscriber will be the Controller, as defined in the 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 G&A a Data Processing Agreement (DPA) if such Personal Data is processed by G&A. Upon such request, G&A 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 G&A, 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.
  • G&A may access all the Client's Data from all the files stored under the Clients' Site, System or Service Subscription (from now on, the "Data"), at first in line with GDPR and secondly in line with G&A Privacy Policy and the regulations stipulated therein.
  • G&A is the Owner and Administrator of its Site, System or Service Subscription CV Database, which includes Candidates who have applied for Job-Ads published by the Client, to which G&A has exclusive and full access, and to which G&A may refer to for unlimited Executive Search. The Client is neither the Owner nor Administrator of this System Candidate Database.
  • The Client, however, has restricted access to a part of the G&A Owned System CV Database which lists all its former Applicants, and in the case a new vacancy occurs, the Client may research this part of the G&A Owned System CV Database and contact 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 G&A.

For such purposes and in compliance with the provisions of GDPR, G&A, and its Client, expressly states and undertakes to:
- Use and treat the Data stored in the Client's Site, System or Service 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 G&A. 
- 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 G&A.

  • G&A and its Client will expressly refrain from using the Data for a different purpose than that agreed upon, 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 need to have access and knowledge of them 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 G&A had to sub-contract services to third parties, which could involve accessing Data for which the Client is responsible, G&A would 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.
  • G&A will inform their personnel, associates and sub-contractors of the obligations set up in this confidentiality obligation, issuing as many warnings as possible and documents necessary to their Personnel and Associates to ensure compliance with such obligations.
  • G&A 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 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 Site, System or Service; and (c) and the Subscriber agrees to abide by these Terms of G&A relating to the Site, System or Service as provided by G&A.
  • You agree to use the Site, System or Service at your own risk.
  • G&A uses other third-party service providers (such as network providers, data centres, telecommunication providers) to make the Site, System or Service available to the Subscriber.
  • G&A warrants and will take all reasonable steps to provide the Subscriber with a good level of Service; however, G&A does not warrant that such Service shall always be free of errors or interruptions.
  • Except as expressly set out herein, to the maximum extent permitted by law, G&A does not warrant that the Site, System or Service 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.
  • G&A 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 Site, System or Service 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. G&A 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 G&A 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.
  • G&A does not accept any liability for the placement of shortlisted or placed Candidates. It cannot guarantee that a Candidate is not assigned another placement or that a Candidate chooses to accept another placement.
  • G&A has no liability whatsoever for the professional or physical suitability of the prospective employee. Liability is also non-existent 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, G&A 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 G&A 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.
  • G&A shall not be liable for any amounts that exceed the fees paid by you to G&A under this Agreement during the six (6) month period before the occurrence giving rise to your claim or cause of action against G&A.
  • 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 G&A 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, wilful 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 G&A directors, officers, employees, agents, and members.

INDEMNIFICATION

  • You agree to indemnify and hold harmless G&A, its contractors, and licensors, and their respective directors, officers, employees, members, shareholders and agents from and against 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 Site, System or Service, for infringement of any intellectual property of Subscriber's Content in connection with the use of the Site, System or Service thereof.
  • The Terms specified in this section will survive the termination or expiration of these Terms. G&A agrees to indemnify and hold you harmless, your contractors, and licensors, and your respective directors, officers, employees, members, shareholders, and agents from and against all claims of third-parties that the Site, System or Service 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

  • G&A reserves the right to make changes to the Site, System or Service at any time and for whatever reason to improve the Site, System or 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 G&A 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 Site, System or Service.
  • G&A 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 Site, System or Service.
  • G&A 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 Site, System or Service provided by a third party.

PROMOTIONS & MARKETING

  • G&A offers Site, System or Service Subscribers a public website as part of the Service (Careers Site).
  • These Career Sites are intended, among other things, to provide Subscribers with a publicly available list of jobs, and therefore the usage of Careers Sites is not meant to be private.
  • Unless expressly prohibited in writing or electronically by you, G&A 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 promotional Content about G&A recruitment Site, System or Service 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 G&A may provide to you required notices, pushes, agreements and other information concerning the Site, System or Service electronically.
  • By using the Site, System or Service, you also agree that G&A is not responsible for the failed electronic delivery of e-mail messages to the address you provide.

RESOLUTION OF DISPUTES

  • Any disputes arising out of the use of the Site, System or 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 G&A's sole discretion from time to time, constitute the entire Agreement between you and G&A concerning the subject hereof and supersedes any prior or contemporaneous understandings or agreements, written or oral, regarding the subject hereof.
  • G&A will publish new versions of the terms on its website(s). Modifications will enter effect at the end of any pre-paid period or when upgrading or downgrading. G&A may indicate that preceding modifications will enter effect earlier, in such case, Subscriber may terminate the Site, System or 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. G&A shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond G&A'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 G&A's prior written consent by the other party.
  • No agency, partnership, joint venture, or employment is created because of these Terms.
  • Questions about the Terms should be sent to sales@gransier.com.

EXTRAORDINARY CONDITIONS REGARDING EXECUTIVE SEARCH

WORK ORDER

  • G&A 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 and in the Client's image, as well as that of G&A, not to mislead Applicants.

SERVICES AND FEES

  • A published search lasts a maximum of 30-days.
  • Terms of Reference, in addition to the General Terms & Conditions, apply, describing the service confirmed and payment terms.

EXECUTIVE SEARCH PROCESS

  • G&A services are provided at its offices in Vienna, Austria.
  • G&A confirms the operational handling procedure of each Executive Search per Work-Order.
  • The Client may only contact the shortlisted candidates upon its acceptance of this shortlist and upon G&A personal introduction of the Client to the shortlisted candidates.
  • Search Profiles prepared and published by G&A for an Executive Search assignment are the ownership of G&A, 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. 

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 Labour 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 a G&A Executive Search, leave a placement, or be dismissed for any legitimate and reasonable reason (excluding the 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 G&A guarantees – where the balance has been received by G&A 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.
  • If no suitable replacement provided, G&A 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 mutually confirmed before G&A starting the search.
  • Should a potential Candidate suggested by G&A 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 G&A within 12 months of introduction.
  • Should a Candidate shortlisted by G&A contact the Client directly, and the Client would hire directly, then the full fee is payable by the Client within 12 months of shortlisting for the client search by G&A (system protocol will be referred to).
  • The appropriate fee is also payable if a client employs a Candidate again later after terminating the employment relationship during the trial period. 

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All communication is in compliance with our Privacy Policy and without any obligation of purchase. We are a member of the Vienna Chamber of Commerce, which General Terms & Conditions apply to our services