• Pre-selection of the candidates from Hospitalitify’s database and other external sources

• Insertion of the agreed positions in suitable media followed by Hospitalitify’s recruiting practice

• Identification and contact with the suitable candidates

• Presentational File of the selected candidate

• Coordination of interview between Client – Candidate (if requested)

• Handover of documents needed for employee registration with the client • Consulting on placement decisions

• Pre-Onboarding

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3. Service Provider Obligations

3.1 The service provider will act professionally and ethically in carrying out its recruitment activities.

3.2 The service provider will use its reasonable endeavours to introduce to the client a suitable candidate to fill the role/position specified by the client.

3.3 The service provider is committed to using all the specialist knowledge and experience at its disposal and to maintaining the highest level of confidentiality within the scope of its service.

3.4 The consulting and other activities are carried out in accordance with the standards of professional industry practice. The service provider is thus entitled to use specialist third parties in the execution of the order.

3.4 The client accepts that no warranty as to the suitability of the candidate can be given by the service provider and, in particular, that the provider cannot guarantee that a suitable candidate can always be found to fit the role for the purpose/s specified by the client.

 

4. Client Obligations

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4.1 The client undertakes to provide the service provider with full details and the relevant information of the role/position for which it seeks to fill, including but not limited to: salary, benefits, place of work; a sample employment contract detailing the terms and conditions on which the candidate would be engaged; staff/HR policies; engagement start /end date; employee accommodation type with possible costs ; any specific/special requirements considered necessary by the client and; any requirement by law or any professional body that the candidate must possess in order to work in the position.

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4.2 The client should provide the documents required in connection with the placement order in good time and in full and to inform of all processes and circumstances that may be relevant for the order. This also applies to documents, processes and circumstances that become known only during the activities of the service provider

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4.3 The client should designate a suitably empowered point of contact with the authority to facilitate day-to-day coordination with the service provider’s Head of Recruitment/Point of Contact. The client undertakes to respond to the service provider promptly and within 24 hours whenever possible.

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4.4 The client shall satisfy itself as to the suitability of any candidate for the role/purposes of the vacancy for which the candidate has been introduced. This shall include taking up references, checking the validity of qualifications, obtaining work or other permits, arranging any medical examinations and performing any other activities that may reasonably be expected of an employer or required by law.

 

4.5 The client appreciates and agrees that all candidates introduced by the service provider represent significant efforts and expertise in matching suitable candidates with specifically requested roles/purposes. Therefore, the client shall not seek to circumvent the provider and shall refrain from conducting direct dealings with the candidate, including but not limited to any engagements or introductions, without the specific prior authorisation (in writing) of the provider.

 

4.6 The client undertakes to conduct any negotiations regarding the placement fee paid to the service provider exclusively with the service provider. It is prohibited to discuss the placement fee with the candidate.

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4.7 The client undertakes to maintain absolute confidentiality regarding all business or private matters that have become known by the service provider even beyond the end of the placement process, and to keep service provider informed about the status of the project on an ongoing basis. Application documents that the client receives from the service provider must be returned or irretrievably deleted if the candidate is not placed with the client’s company. It is prohibited to pass on the data and documents to third parties. It is further prohibited to pass on candidates within a company group.

 

4.8 The client is obliged to send a binding and signed Employment contract or Employment Confirmation Letter to the service provider for forwarding to and countersigning by the candidate within 3 working days after acceptance of the candidate. The Employment contract or Employment Confirmation Letter countersigned by the candidate is regarded as a mutually binding firm commitment and confirmation of the employment.

 

4.9 All candidates selected by the service provider and eligible for the job should be informed before the start of their activity about the following things:

a) function, profession or occupation

b) nature and duration of employment, conditions of employment, termination of employment or re-engagement

c) working time and rest time

d) hourly pay or monthly salary and wage payment data

e) bonuses, overtime pay or other entitlements

f) cases in which the salary rights can be followed

g) duration, way of granting and payment of the annual leave

h) working conditions, protection measures and safety

i) aspects of medical insurance

j) indemnification of employees in case of labour accidents, occupational diseases or death

k) terms of accommodation, housing or, where appropriate, rental housing l) transport conditions from country of origin for employee (or members of his family -if the case) to the job site and back

m) taxes, income taxes and contributions on salary

n) obligations of employees in that country where they will work

o) the possibility to transfer the salary in the country of origin

 

5. Placement Fees

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5.1 The amount of the fee entitlement is specified in the service proposal form and is calculated according to the position.

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5.2 The placement fee includes the following services from the service provider: · Design of advertising materials, especially job adverts · Selection of the candidate from database and other external sources · Review and pre-selection of the application documents · Preparation and execution of interviews · Presentation of the applicants through informative Presentational files · Introduction of the candidates and participation in the selection interviews · Rejection of the candidates presented but not considered

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5.3 The fee is dependent on success. Only in the event of a successful placement service will the agreed fee be due

 

5.4 Upon conclusion of a service commitment and employment agreement between an applicant placed by the service provider and the client, the documented fee is charged for the completed placement order.

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5.5 The fee is payable immediately upon confirmation of the employment agreement, on the service provider’s bank account.

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5.6 The client agrees that in the event of any engagement of a candidate put forward by the service provider (including the event where the vacancy for the position was not ordered/ listed with the service provider or there was no such vacancy) the fees as documented shall be due to the service provider.

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5.7 If a candidate who fits the selection criteria agreed between both parties according to the information provided by the client, is not immediately engaged by the client but is thereafter subsequently engaged, within a period of twelve (12) months from the date of introduction or date of last interview (whichever was the latest), the client shall notify the company of the engagement and shall be liable to the fees documented.

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5.8 In the event of the client introducing any candidate to a third party, either directly or indirectly, that results in an engagement by that third party, the client shall notify the service provider of the engagement and shall be liable to pay the said placement fees. The above remains valid for a period of twelve (12) months from the date of introduction or date of last interview, whichever was the latest.

 

6. Guarantee and Refunds

 

6.1 If the engagement terminates by the client within the first fifteen (15) days of employment the service provider shall find a suitable replacement or otherwise refund the client the placement fee minus the administration costs (€ 150).

 

6.2 If the engagement terminates by the candidate placed by the service provider within the first fifteen (15) days of employment or even before the commencement of the employment the service provider shall find a suitable replacement or otherwise refund the client the placement fee minus the administration costs (€ 150).

 

6.3 If the engagement terminates by the candidate placed by the service provider before the commencement of the employment the service provider shall find a suitable replacement or otherwise refund the client the placement fee in full.

 

6.4 The client agrees that the above guarantee shall be limited to one (1) supplementary search per placement and no further refund or replacement shall apply to any replacement candidate.

 

6.5 In no other cases the placement fee shall be deemed refundable

 

7. Fulfillment of the Agreement

 

7.1 The placement order is deemed to have been fulfilled if an employment agreement comes into force between the client and the applicant placed by the service provider

 

7.2 The placement order is deemed to have been fulfilled regardless of the time at which the employment contract begins.

 

8. Invoice

 

8.1 Invoices are issued at the earliest when the order is placed, but at the latest when the employment agreement is fulfilled.

 

8.2 All invoices are due immediately upon receipt.

 

8.3 All invoices are sent electronically (email) and the client is in agreement with invoicing in electronic form.

 

9. Confidentiality

 

9.1 The terms and conditions of this agreement are deemed confidential, as is the exchange of all forms of information between service provider and the client.

 

9.2 Any information given to the client by the service provider about a candidate will be considered confidential and is not to be divulged to any third party for any purpose other than that for which it had first been provided, except with the consent of the candidate or as otherwise permitted or mandated by any applicable law.

 

9.3 Both parties agree, not to copy or reproduce any confidential material except as is reasonably necessary for performing its obligations or conducting business under or in connection with these Terms of Business. The above obligation does not limit the work of the service provider to include the client's company name and other publicly available information in the communications to the candidates and as a reference.

 

9.4 Where either party is required by law to disclose such confidential information then such party should consult and inform the other party.

 

9.5 Any document created during the provision of our services and any intellectual property rights related thereto shall remain the property of the service provider.

 

10. Liability & Severability

 

10.1 All recommendations and projections are made to the best of the service provider’s knowledge and belief.

 

10.2 The personnel placement service provided by the service provider does not release the client from verifying the applicant's suitability. Upon conclusion of the employment/service agreement with the applicant, the client bears the sole responsibility for the selection decision. The service provider and any vicarious agents are not liable for claims and damages resulting from the unsuitability of any applicant.

 

10.3 The service provider shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct or indirect or consequential) which may be suffered or incurred by the client arising from or in any way connected with the service provider seeking a candidate for the client or from the introduction/re-introduction to, or engagement of, any candidate by the client or from the failure of the service provider to introduce any candidate.

 

10.4 Any further liability on the part of the service provider is excluded.

 

11. Data Protection

 

11.1 Each party agrees that is acting as a separate data controller and shall, independently, ensure that any personal data that it may process in its own capacity shall be processed in full compliance with its own respective legal obligations, including full compliance with the Data Protection Laws

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11.2 Each party independently undertakes that prior to sharing or disclosing any personal data pursuant to the Terms of Business(the ‘Disclosing Party’) with or to the other Party (the ‘Receiving Party’) the Disclosing Party shall, to the best of its abilities, ensure that any such personal data it is responsible for have been collected or otherwise processed lawfully and are only shared with or disclosed to the Receiving Party as necessary and in a manner that is in full compliance with Data Protection Laws, and in particular, that:

i) No consent or other authorisation for sharing the personal data with the Receiving Party is required OR that in those cases where consent is required for such disclosure, consent has, in fact, been obtained by the Disclosing Party in full compliance with the Data Protection Laws;

ii) That, in any case, an appropriate legal basis for processing (for example, consent, contractual necessity or legitimate interests) has been correctly identified and will be relied on

 

11.3 For the avoidance of all doubt, the Receiving Party, acknowledges that it shall, in turn comply with any and/or all similar obligations imposed on it by the Data Protection Laws once the personal data have been shared with or disclosed to it (including, in those cases where the Receiving Party acts as an employer [or prospective employer] of the Candidate, the provision of all required information to data subjects as required).

 

11.4 For the avoidance of all doubt, compliance with the Data Protection Laws in terms of the Candidate’s employment with the Client as well as compliance with any related laws (including, but not limited to employment laws) shall be the sole responsibility of the client

 

12. Final provisions

 

12.1 The place of fulfillment and place of jurisdiction for all disputes arising from this contractual relationship, including its establishment and effectiveness, is London, UK. The law of United Kingdom applies.

 

12.2 All changes, ancillary agreements and additions to the contract must be made in writing. This also applies to the amendment of this clause.

 

12.3 Should any provision of these terms and conditions be or become legally invalid, the validity and legal validity of the remaining provisions will not be affected. The invalid provision will be replaced by a permissible provision such that the economic and legal success intended by the invalid provision is achieved to the greatest possible extent.