General Terms and Conditions
1. General items
1.1 The General Terms and Conditions (hereinafter referred to as „GTC“ ) are binding for the
entire business connection between Career-Account ldt. and its contract partner. The mutual rights and duties between Career-Account and its partner are exclusively determined by the contents of the order and those GTC.
1.2 The contract partner agrees that whenever GTC are applied, then the GTC of Career Account are meant, even if the contract partner’s terms are unchallenged. Actions which are a fulfilment of contract by Career Account may not be considered as approval to any terms which are not included in the GTC of Career Account.
1.3 Any General Terms and Conditions, whatever nature these might be, which contradict the GTC of Career Account, are only then effective, if they have been confirmed by Career Account in writing.
2. Advertising contract
An advertising contract is a contract regulating the placement of one or more online-advertisements by an employment centre in the online pages of Career Account, the aim of these being the distribution via the medium internet.
2.2 Exclusion of commercial recruitment service providers (employment agencies, temping agencies, etc.)
Commercial companies and Media publishing position from the hotel and catering sector are prohibited using the Career Account platform. By agreeing to our Terms and Conditions the application is legally bound not to fall under the above mentioned sector or enable people working within this sector, access to the Career Account platform.
A breach of this clause means an infringement of the contract as well as breaking the laws of unfair competition. In case of any non-compliance a € 1000 penalty will apply.
2.3 Contract conclusion:
The advertising contract enters into force if Career Account confirms the order in written form, e.g. fax or e-mail, and if it doesn’t contravene the GTC.
2.4 The authority for refusal:
Career-Account reserves the right to refuse the publication of an advertising order because of its content, origin or technical form. This is particularly applicable if the content of the job advertisement contravenes with judicial or official bans, commits a breach of etiquette or the publication is unreasonable for Career Account for any other reasons. The contract partner will be informed about this immediately. In case of a refusal, the contract partner may not assert any claims against Career-Account.
2.5 Start of the publication:
The contract term start immediately upon completion of contract. The contract partner is responsible for the complete delivery of impeccable, suitable copy material for the advertisement. Delays that arise due to the delivered contents for the advertisement by the client, whether these be regards of content or of technical nature, will not to be covered for by Career Account.
2.6 Place of publication / Linking / Framing:
2.6.1 The preparation of the adverts is the contract partners responsibility.
2.6.2 Career-Account is, due to the advertising contract, entrusted to enable the publication of the contract partner’s job advertisements on its internet pages, and in the framework of co-operations, on the platforms of the cooperation partners of Career Account
2.6.3 Career-Account is authorized to publish job advertisements in any other print media or have these published by a third party. Yet there is, in the absence of a contrary agreement, no obligation to do so.
2.6.4 Due to the present-day state-of the-art one cannot rule out the possibility that job advertisements published by Career-Account are copied, linked or by using frames, disguised as an individual offer, and so are additionally published by other internet suppliers. Should there be any unauthorized linking and/or framing, the client has no right to assert any claims against Career-Account.
2.7 Rights concerning the advertisement / copyrights:
2.7.1 Career-Account is not obliged to verify whether any rights of any third parties could be restricted. The contract partner is committed to protect Career-Account entirely against any claims for compensation from any third party and from any legal proceedings which might in any form result be due to the implementation of the advertisement order. In case that Career-Account is engaged, it has the lawful right to decide independently how to react, and the contract partner - who is responsible for the content- cannot claim inadequate legal defence.
2.7.2 When protected registered rights are used in the publication of an advertisement, their use will be authorized with the conclusion of the contract. The contract partner guarantees that he is entitled to give such a permit.
2.7.3 Career-Account receives all exclusive copyrights and/or all included rights of protected services for its produced and published advertisements. The remuneration by the client e.g. for HTML-Layouts produced by Career-Account, does not mean that the copyrights and/or other rights of protected services are transferred to the contract partner or to an agency entitled by the contract partner - except for those cases where there is a respective written agreement. Whenever the advertisements – including the HTML source text - published by Career-Account were produced by the contract partner himself or by an agency working for the contract partner, the contract partner concedes the exclusive usufruct to Career-Account to use the advertisement in all kind of ways which are in context with the publication of the advertisement. The contract partner agrees and guarantees that he is authorized to transfer such rights. Career-Account is especially entitled to act against illegal intrusions upon the copyright by a third party in the framework of the publication in its own name and to place the resulting claim for compensation.
2.7.4 All information published by Career-Account (text, picture, etc.) are subject to the copyright by Career-Account. Excepted hereof is only the information – including the HTML-source text - published by Career-Account which was produced by the contract partner himself or by an agency working for the contract partner. The contract partner guarantees that he is authorized to transfer such rights. Career-Account is especially entitled to act against illegal intrusions upon the copyright by a third party in the framework of the publication in its own name and to place the resulting claim for compensation.
3. Pool of candidates
Career-Account offers by entering a password its contract partners the opportunity to use the data bank for job-seekers (hereinafter referred to as “pool of candidates”) where all current candidate profiles are collected. This enables the contract partner to contact the single candidates via Career-Account.
3.2 The authority for refusal:
Sending contact letters to the job-seekers in the pool of candidates is inadmissible, if doubtful contents are sent, a breach of etiquette is committed or the publication is unreasonable for Career Account for any other reasons. Career-Account reserves the right to refuse this service and to block the access. The contract partner will be informed about this immediately. In case of a justified refusal the contract partner may not assert any claims against Career-Account.
4.1 Subject to no other different written agreement, the prices charged by Career-Account are determined by the respective valid price which can be seen in the internet via the domain of Career-Account „career-account.at.“ Decisive will be the price published by Career-Account in the internet which was valid at the time the application was sent in by the client and which will be valid for the following year.
4.2 All prices indicated by Career-Account are net prices, excluding all taxes.
5. Conditions for payment
5.1 Career-Account will send the invoice immediately after receiving the order by the contract partner. Debts are considered as cleared when all payments to Career-Account - which have to be transferred without exception to the bank account which is indicated in the invoice sent by Career-Account- have been received. Payments are regarded as punctual when the amount is credited punctually to the account indicated by Career-Account.
5.2 If no other agreements were made, all payments have to be paid by the contract partner immediately after the receipt without any deductions such as expenses or reductions.
5.3 The sales tax referring to the total amount has to be paid entirely even if there has been an other agreement on payment conditions. The contract partner has to respect the laws concerning value-added taxes.
5.4 If the payment period is exceeded, Career-Account is entitled to charge an interest on outstanding payment and compound interest which amounts to 12% p.a. In case of default, the contract partner is obliged to pay, in addition to the interests, all costs for proceedings and additional proceedings initiated to collect the outstanding payments, as well as the costs for the lawyer engaged by Career-Account. In case that Career-Account handles the procedure for recovery of the debts on its own, the contract partner is obliged to pay the amount of € 5,- for every reminder. Furthermore, every additional loss, especially any loss resulting from higher interests which have to be paid by Career-Account because of the non-payment for possible credit accounts, have to be compensated, no matter of the reasons for the delay. Claims enforced to the contract partner do not entitle the partner to withhold the agreed payments.
5.5 In case of delay of payment, all possibly agreed discounts are no more applicable.
5.6 Due to the lack of an expressive agreement, it is inadmissible for the contract partner to balance his debts with counter-claims, or to withhold payments – for whatsoever reason.
5.7 In case of delay or of insolvency of the contract partner, Career-Account is entitled to stop the implementation of the agreed services ordered by the client, as long as the outstanding payments are not fully cleared. In these cases, Career-Account is also authorized to insist on advance-payments for the following orders as a condition for delivering its performances. Furthermore, Career-Account has the right to declare its retirement from this contract without giving a period of grace.
6. Guarantee, compensation, contestation of errors
6.1 The guarantee period lasts 6 months. The advertisement has to be checked by the contract partner immediately after the publication, at least within three days afterwards. Any kind of errors have to be indicated. Ascertained defects have to be announced in detailed and written form to Career-Account, otherwise no claims can be made. If no complaints are made or are not made in time, the advertisement is considered as approved. In this case, any claims of guarantee or compensation, as well as the right of contesting errors are excluded.
6.2 Career-Account reserves the right, to fulfil the claims of guarantee at its own discretion through correction/change or through price reductions. Price reductions or changes can only be claimed if no other attempts for improvement are reasonable for the contract partner.
6.3 The liability of Career-Account is limited to defects which appear directly on the advertisement itself. Any liability of Career-Account for resulting defects and loss of profits is excluded. Furthermore, any liability of Career-Account concerning defects due to light or gross negligence is excluded. The contract partner has to prove the cause, illegality and the fault. Any claims of compensation are limited to one year, beginning from the moment of assessment of damages and end in any case two years after having fulfilled the order.
6.4 All advertisements by Career-Account are exclusively based on information delivered by the contract partner and Career-Account does not check the correctness of the contents. Therefore, Career-Account is not liable for incorrect indications. Thus, solely the contract partner is responsible for the contents, especially the correctness and the legality of the text and picture material dedicated for the publication of advertisements.
6.5 As the contract partners use a login name and a pass word, they themselves are responsible and liable for any defects due to misuse or loss.
6.6 Works of maintenance, up-dates or similar works will be achieved by Career-Account, if possible, in such way, that services are available at any time. As far as possible, these works will be announced in the internet. In case of interruptions, for whatsoever reason, no claims can be made against the provider. Interrupted transmissions due to interruptions in the net, which are outside of the competence of Career-Account, as well as interrupted transmissions due to force majeure, cannot be reason for claims against Career-Account.
7. Court of jurisdiction and applicable laws
7.1 For all legal quarrels in context with the contract terms where Career-Account is concerned as a contract partner, it is agreed that the exclusive competence for jurisdiction occurs at the competent and relevant court in Salzburg.
7.2 It is agreed that exclusively Austrian laws are applicable. The contract language is German.
8. Miscellaneous items
8.1 In case that eventual regulations of these GTC are or will become invalid or partly invalid, all remaining regulations will rest untouched and in force. It is agreed that instead of an eventual invalid regulation, a regulation will enter in force, which will be the closest possible to the invalid regulation in economic and legal aspects.
8.2 There are no oral agreements. All agreements, all posterior changes, supplements, subsidiary items etc. have to be done in writing in order to be valid. This also counts for any applications for submitting motions in writing.
8.3 The contract partner has to announce any changes of address immediately in written form. Written documents are considered as having been received by the contract partner if these documents were sent to the lastly indicated address.
career-acount – Hotel & Restaurant Jobs, E-Mail: email@example.com