Last Updated on: 11.09.2018
Talentese Terms of Service
Welcome to Talentese, your go-to place for finding exciting work opportunities, advice from experts and a catalogue of exciting companies and career coaches!
These Terms of Service will inform you on:
– The Website’s rendered services
– Basic Usage Guidelines and expected User Conduct
– Reserved Rights in cases of breaches to these Terms of Service
Your continuous usage of Talentese constitutes acceptance to be legally bound by the terms and conditions as set forth in this Agreement, its altering appendixes or addendums, policies and other legally-binding documents you have entered into. These Terms of Service, its altering appendixes or addendums, policies and other legally-binding documents form a single, complex and binding agreement between you and the Service. We reserve the right to change the content of these Terms of Service from time to time. Our service acts as a facilitator, and all commercial/contractual terms are offered by and agreed to between Users alone.
Talentese (hereinafter referred to as “Website”, “Service”, “We”, “Us”, “Our”) is owned and operated by Talentese GmbH, based in Berlin, Germany. Our full contact details may be found in our “Contact” section on our Website at any time.
- Service overview
The Service collectively includes our Website, our individual web pages, domain names, sub domains, successor of affiliate websites, e-mails, marketing and promotional communication, user Accounts, services in regards to work applications, Coaching services, our content, logo, trademarks, copyright or other intellectual property rights, text, articles, submissions and visual or software elements of our website or any of its aspects.
Our Service is a location in which you may find exciting work opportunities, portfolios of Coaches, Companies and other employers or providers of service. While using the service you may use a variety of tools in order to search for any required work position or provider of service by using our search and filter tools. We also act as a communication platform between the Users on the Website and the Companies, Employers, Coaches or other Providers of Services in order to connect you with the employer or provider of service of your liking. The Service does not facilitate, or form the agreement made between the Users and the potential employer or service provider, but rather act as a communication means to connect the two groups.
- Continuity of the Service
We may, at sole discretion, update or modify these Terms from time to time. We may update these Terms in order to accommodate our services to new statutory obligation, or in order to accommodate to any addition or change of our rendered services. Each set of Terms is considered revised when available online to our Users. Changes shall be effective as of the date of notifying, after the notice period included (if applicable), or from the date that these Terms have been published on our Website.
We may, at sole discretion discontinue, change or add any portion of the service with or without previous notice. Talentese is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of Talentese.
- User Accounts
Users, for the purposes of visiting and browsing our Platform may or may not have a registered account. Your usage of this Website is at all times subject to these Terms of Service, regardless of whether you have a User Account or otherwise.
Upon registration of your User Account, you hereby warrant and represent that all the information is precise, accurate, truthful, complete and non-misleading. You further represent that you shall maintain the accuracy, precision and truthfulness of your Personal Data while using the Service. Please maintain the confidentiality of your login data, and use recommended safety features, to ensure safety from third-party breaches to your User Account. Your user credentials should not be shared with any third-party, published or otherwise made available to third parties, in order to prevent unauthorized access to your User Account.
- Job Applications
- Service Fees. Charges.
The Service includes a variety of services that are free to use for the Users. Companies, which list work positions and/or individuals or companies which provide certain services on the Website, have formed an agreement on being subject to Service Fees in accordance to our Fees and Charges policy. We may change or modify these Fees and Charges policy, with a prior notice period towards the interested parties.
If no specific agreement exists between the Companies and Talentese, the fees displayed in the page https://www.talentese.com/employers shall prevail. In this event, the company shall indicate to Talentese the payment modality that they choose.
Certain services rendered by the Website or any Service provider may be regarded as Paid Services, with payment terms being displayed in an appropriate section of our Website.
- Content Policy – User Submissions, Talentese Content and Intellectual Property.
User Submissions – in certain aspects of the Website functionality, users may have the possibility to include text and/or multimedia files in the form of user submissions, comments, posts, ratings etc. This content may be added directly by the users or by Us after being provided by the user. For the purposes of this subsection, these will be treated as “User Submissions”. User submissions are a type of content added by Users on the Website, directly or indirectly, as opposed to the content that is created and/or displayed by Talentese or any other authorized contributor. Upon sharing your User submission in any of the aforementioned ways, you retain all your ownership and proprietary rights to the content shared to the Website, but grant us a universal, perpetual, transferrable, commercial, irrevocable and royalty-free license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such content in all media and distribution methods now known or hereafter devised. Upon sharing your user submissions to parts of the Website that are publicly available, you recognize and agree that such content will be visible to the World Wide Web or every user that may be browsing the Talentese Website with an internet connection. We reserve the right, but not the obligation to use any discretional rights as seen fit in regards to your user submission, provided that such submissions have been a material breach to this Agreement’s provisions, or are contrary to the set Usage Guidelines or for no apparent reason at all, with or without a prior notice. The Service reserves the right to exercise further preventive or other discretional rights, provided that you are a repeated offender, or that your user submission has greatly violated the Usage Guidelines, this Agreement’s goal or a broadly-recognized code of conduct on the Internet.
Your content you want to share with us – Talentese is glad that it can offer Users the possibility to express themselves whenever they feel ready for it. You may send your most honest opinion to our team, and we may share your user experience with others users, with your permission!
Our Content – Our Service’s website further contains content posted, created by or licensed by Talentese or its licensors. We retain all rights, title and interest to any content which may be deemed as “Our Content”, as described above, namely to any copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to these Terms of Service, Talentese further grants you a personal, non-transferrable, non-exclusive, limited, revocable and non-commercial license to access and view the content on the Talentese Website. Subject to these Terms of Service and Usage Guidelines, you agree to refrain from any usage of our content, if not explicitly agreed otherwise with the Service, in writing.
Intellectual Property – Talentese, its logo, any products, services, names or slogans contained within the Service, corporate correspondence or any other space distinguishing the Service are registered trademarks of Talentese, and may not be copied, used or imitated, in whole or partially, without express written consent of the trademark or other intellectual property or copyright holder. Other trademarks, company names, logos or other intellectual property rights appearing on the service are the property of their respective owners or holders. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa. The Service, its affiliates, suppliers, licensors and licensees own all right, title and interest, without exclusion to intellectual property rights appearing on the Service, corporate correspondence or any other space distinguishing the Service or its affiliates, suppliers, licensors and licensees. Except for those rights expressly granted within these Terms of Service, no other rights are granted to Users. All copying, usage, distribution or further use of copyrights or other intellectual property rights on behalf of the Service are subject to previous consent. Usage of these materials, symbols, logos and slogans must be with a previous written notice by the holder of such rights.
- Coach Services
Users may contact and acquire a variety of coaching services, all of which are described on the “Coaches” page of our Website. Our “Coaches” page includes a brief overview of the qualification of our coaches, their work experience and spoken languages, in order for you to have an easy overview of which coach may be most suitable for you.
Coaches are independent consultants that offer to perform consulting services for our Users. They do not act as employees, agents or other representing capacities in regards to Talentese GmbH. We do not endorse or guarantee the quality of services rendered by the Coaches. The Coaches are solely responsible in relation to their contractual obligation with you. If a coach becomes unavailable, and you have paid for the pending service, you will be entitled to a refund.
Booking of Coaching Sessions. Other Details – You may book any Coaching session with a Coach of your desire, in accordance with the individual Coach’s availability. You may communicate with the Coach via any communication protocol you deem fit. All arrangements You make with the Coach is at your sole discretion.
Separate Agreement – Our Service helps You get introduced to quality Coaches that appear on our Coaches section. We do not regulate your relationship with your selected Coach, and do not regulate the manner in which you communicate, compensate or otherwise perform your mutual obligations towards one another.
- Terms of Transaction with Companies
Definitions – For the purposes of this Section, Clients (hereinafter referred to as “Clients”, “Companies”) are Users that are interested in hiring Candidates on the Talentese platform. Candidates are a group of individuals that Talentese has selected in order to perform services pursuant to Section 7, or otherwise as included in this Section. Talentese does not, in any way or manner, stipulate any terms between the Client and Candidate. These shall be regarded as a separate agreement pursuant to point b) of Section 7 of this Agreement.
Talentese’s database of potential Candidates – Talentese is a platform that helps filter searches in order for the Client to find an appropriate Candidate to successfully enter into an Agreement with. Talentese shall, through the Website, suggest coaches and other service providers based on the Client’s set criteria on the Website’s filter section. On demand, Talentese may inform the Client about the salary/reward expectations and the availability of the Candidate, and give a subjective assessment of the personality of the Candidate. On request, the Candidates’ certificates and/or references can also be provided to the Client. Talentese accepts no responsibility for the correctness of the information stored in the Candidate’s profiles whatsoever.
Generating our List of Candidates – We may require certain information by the Client to further forward to the Candidate(s), such as, but not limited to PR or Media Kit(s), work descriptions; salary, budget or compensation levels, employer portraits, etc. The Client shall inform Talentese of any information that may not be disclosed towards the Candidates. The Client will inform Talentese about any person(s) or group(s) that may not be filtered as potential Candidates for the Client. The Client will, upon receipt of the list of Candidates, provide Talentese with feedback within 5 working days. The Client understands and agrees that the list of Candidates does not guarantee the suitability of the Candidates, and that Talentese recommends that any final talk(s), negotiation(s) or interview(s) should be done by the Clients prior to entering into contract.
Formation of Agreement – If an open position has been filled or deleted through other sources, the Client is obliged to report this to Talentese within 3 working days. In the event of a successful placement, the Client will inform Talentese without delay as soon as a proposed Candidate signs a service or employment contract with the Client. He will provide Talentese with all relevant documents (in copy) for the calculation of the amount of the fee claim. The Client shall, without undue delay, notify Talentese, in writing, of any changes to the company name, legal form, address and invoicing.
Confidentiality – Talentese is bound by the German Federal Data Protection Act and by contract to secrecy of data and thus to secrecy. Client-related data and information will not be passed on unless it is necessary and coordinated to fulfil their order. Talentese guarantees its Clients absolute confidentiality. Information which one party to the contract learns or takes note of from the other party in the context of or in connection with the execution of this contract must always be kept confidential from third parties. This obligation does not end with the termination of the contract. The Client undertakes to Talentese and in the interest of the Candidate to treat the Candidate profiles provided confidentially. The Client assures that the profiles and documents provided to him will not be passed on or made accessible to third parties or employees of the Client who are not involved in the contractual services.
Payment of Services rendered – In the event of any placement of any Candidate, both the Client and Candidate agree to execute their Agreement in good faith, with appropriate punctuality, and (where applicable) perform services or other tasks industrially. The Client hereby agrees to pay all fees including applicable statutory Value-Added tax as of the commencement of the fee claim by the Candidate. The fee claim is in effect as soon as a candidate is hired by the customer within 12 months of being introduced by Talentese by means of a Service or Employment contract, and becomes due immediately upon conclusion of the contract between customer and candidate. The standard fee of Talentese applies if not otherwise agreed between the Client and Talentese. This claim remains valid even if the contract between the client and Talentese is terminated in the meantime. Talentese’s fee claim also arises if a service or employment contract has been concluded for a position other than the one commissioned. The fee for the position filled by the candidate shall apply here. The travel expenses of the candidates incurred in the course of the placement shall be borne by the customer accordingly. To this end, the customer will inform Talentese at the beginning of the cooperation about the valid travel cost agreement for applicants. If another recruiter or personnel consultant proposes the same candidate to the customer as Talentese, the service provider who demonstrably first approached the candidate about the customer will be entitled to a fee.
Invoicing of payments – The customer shall receive an Invoice generated by Talentese for the services rendered by the Candidate. If applicable, Talentese shall issue more invoices, provided that their due dates or description of services rendered differ. Each invoice shall act as a clear and serious request for payment from the party addressed to the party having a fee claim. Unless specified otherwise in the agreement between the Parties, all payment obligations shall be due within 14 days as of the issuing of the invoice, under possible penalty of 1 month percentage interest arrears for every default by the Client. In the event of any objections or challenges of the fee amount or its integral parts by the Client, the Client shall submit all objections, in writing, within two weeks of the invoice date. Provided that the Customer has not raised any objections within the aforementioned deadline, the invoice shall be deemed as accepted in terms of reason and amount.
Separate Agreements – The Parties to the Agreement for providing services or performing other duties pursuant to the Agreement may choose to regulate their rights and obligations otherwise than within this Section. The Conflict of interest point of this section shall remain in effect at any time.
Conflict of Interest – Under penalty of suspension of services, both the Client and Candidate shall disclose to Talentese any connections or contact that both parties have had prior to their introduction by Talentese.
- Code of Conduct
You hereby agree that you are going to use this Website, Content and Services reasonably. You agree that you will withhold of any actions that can cause or could cause damage to Talentese’s Website, Software, Content and/or Services. You and every person you authorize with, using Your Account may not engage in any activity which may result in lowering the overall quality of the Website and Services offered therein. You agree not to engage in any of the following prohibited activities:
– Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
– Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Talentese servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that Talentese grants the operators of public search engines revocable permission to use spiders to copy publically available materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
– Transmitting spam, chain letters, or other unsolicited email;
– Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
– Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
– Uploading invalid data, viruses, worms, or other software agents through the Service;
– Collecting or harvesting any personally identifiable information, including account names, from the Service;
– Using the Service for any commercial solicitation purposes;
– Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
– Interfering with the proper working of the Service;
– Accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
– Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Talentese reserves the right to terminate a User’s access to its Website or Software if, under appropriate circumstances, they are determined to be repeated Infringers. Talentese further reserves the right to decide, weather User Submissions of any kind are appropriate, and if they comply with these provisions. Talentese reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Talentese and it will include any steps that Talentese finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties. Sanctioned by German Governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by Talentese under its sole discretion.
Users agree to defend, indemnify, and hold harmless our website, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings, or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws and regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- Third Party Services. Affiliate Marketing
The Service allows you to gather data from third-party services and data sources, without exclusion to third-party Websites. These Sources are used and utilized at the sole discretion of the Service, and the Service reserves the right to discontinue or change using such sources at any given time. The Service does not assume any liability from the data and/or content from such sources and services. Users have the sole responsibility of obtaining any consensus or authorization, if any is needed, for the usage of this Service or processing of the available data. The Service takes no responsibility for any information processing made on its behalf, as Users warrant that they have obtained all authorizations and/or consensus from the data sources for further usage of the provided data. This Service may contain ads and promotions from third parties. Your business dealings, correspondence or other contact made throughout these ads and promotions falls outside the Service’s scope of control, and, as such, the Service disclaims all liability arising from these dealings, contacts or correspondence.
- Agreement Termination
We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in the Agreement shall survive.
Depending upon the nature of termination, subject to the provisions laid down in this agreement, we may or may not refund you for any payment due or kept with us. We will review the refund requests case by case. Without limiting the foregoing, we may close, suspend, or limit your access to your Account:
– If we determine that you have breached or are acting in breach of this User Agreement;
– If we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
– If we determine that you have engaged or are engaging in fraudulent or illegal activities;
– You do not respond to account verification requests;
– You do not complete account verification when requested within 3 months of the date of request;
– To manage any risk of loss to us, a User, or any other person;
– For other similar reasons.
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as ascertained by us. Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
The Service, upon personal or reported inquiry may terminate this Agreement without prior notice upon finding out about a repeated and serious material breach of this Agreement’s provisions. The Service shall effectively terminate this Agreement and the individual User’s user account, payments and subscriptions and shall further handle the matter as prescribed within these Terms of Service.
- Limitation of Liability
You hereby agree to indemnify and hold Talentese, it’s owner company, representatives and partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys’ fees and court costs, arising directly or indirectly from your use of the Talentese’s website, software or services and/or your breach of any representation, warranty or restriction explicitly or implicitly contained or derived from any relevant legal theory arising from this agreement, its amending appendixes or other legally-bidding agreements.
You hereby agree and find reasonable to withhold from any group action in front of any court and explicitly agree that all and any disputes or controversies will be handled on a case-by-case basis, thus withholding of any class action or similar lawsuits or other litigation proceedings against the service.
If any litigation is to occur, you hereby expressly agree that your action shall not surpass the amount of EUR 100, or the expenses made whilst using the service, based on whichever is greater.
The user shall waive all rights arising from disputing any limitations set forth in this agreement to the greatest extent as permitted by applicable law.
Talentese’s website, content and services are all provided “as is”. Talentese does not unilaterally provide any express or implied terms, representations, warranties or conditions. Talentese, its employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that Talentese has willingly voided its limitation of liability in a specific set of terms and/or contract. Limitations apply in the case that Talentese had been advised of the potential loss. Talentese does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, Talentese does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. Talentese is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other vis major, which is not in scope of Talentese’s ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by German governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with German governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.
- Dispute Resolution
If any provision of these Terms of Service is, or is to be found by an appropriate authority, unenforceable under German governing law, that will not affect the enforceability of any other provisions of these Terms of Service. These Terms are written in compliance with German governing law and international standards. The Parties agree to solve all disputes or controversies in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement.
- Choice of Law and Personal Jurisdiction
The parties covenant that the applicable and usable law according to which this agreement will be governed will be the law of the Federal Republic of Germany. Subsequently to the aforementioned; German Codes on Civil Procedure will be applicable to all disputes or litigation arising from the content of this contract or its execution, accordingly. The Parties assign the competent place of Jurisdiction in Berlin, the Federal Republic of Germany.
- Separate Agreements. Other Services
Any Agreement entered into with a potential Employer, Company, Coach or Service provider with introduction through the Talentese Website is at your own discretion, and is in accordance to your stipulated right with the applicable other party. The Service does not, in any capacity, negotiate for or on behalf of any party to your individual agreement with a specific Employer, Company, Coach or Service Provider, but rather acts as a communication facilitator, for which the Service retains a service fee from the applicable employer, company, coach or other service provider.
Talentese may expand the offer of rendered services from time to time. Any services offered by persons or entities throughout the Talentese Website, which are not acting in the capacity of Talentese’s agents or employees, are to be considered separate agreements to which these Terms of Service do not apply.
The Service’s failure to act in a particular circumstance does not waive the ability to act in respect to the specific circumstance or circumstances similar to it. If any provision of these Terms is rendered invalid by statutory provisions, interpretation of law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining terms shall stay in full force and effect.