Terms and Conditions

TERMS AND CONDITIONS These General Terms and Conditions of Use (hereinafter referred to as (“Ts&Cs”) constitute the exclusive foundation between all Users of the online platform www.hytch.io and hytch Recruitment GmbH i.L., Havelberger Str. 10, 10559 Berlin, Germany, registered in the Commercial Register of the Local Court Berlin-Charlottenburg under HRB 161702 B (represented by the liquidator Christoph Speckmann) (hereinafter jointly referred to as “hytch“). hytch refers to the data protection notes in Section 12 of these Ts&Cs and the corresponding hytch Data Protection Statement. 1. GENERAL PROVISIONS The operator of the online platform www.hytch.io is hytch Recruitment GmbH i.L., Havelberger Str. 10, 10559 Berlin, Germany, registered in the Local Court Berlin-Charlottenburg under HRB 161702 B, represented by Managing Director Tim Tepaß (hytch). hytch is an online marketplace, in which Candidates apply for positions through their profile and Companies (employers) can make employment offers to such Candidates (employees). Both the Companies and the Candidates are assessed by hytch on the basis of in-house developed criteria (hereinafter referred to as “Quality Check”); the assessment and the Quality Check results are based on hytch’s sole discretion. The use of hytch is exclusively defined in these T&Cs, unless otherwise provided for in individual cases. Deviating User business conditions or conditions of use, which hytch has not expressly accepted are not binding on hytch, even if hytch has not expressly objected to such conditions. The legal relationship between Users (i.e. between Companies and Candidates) is based on the agreements the Users conclude separately. hytch is not a party to these agreements; hytch is only a referring agent and as such cannot be held liable for the performance of such agreements. 2. DEFINITIONS The following definitions apply: “Activity Period“ (also referred to as hytch-round) is a seven day period (Mondays through Sundays) in which the Candidate profile is available to Companies that are not blocked on the hytch platform during which the Companies may make offers to the Candidates; “Offer” is a Company offer to a Candidate in which the Candidate is invited to an interview at which the possibility exists that an employment agreement between the Company and the Candidate is entered into (the drafting of the offer is at the discretion of the Company); “Candidate” is an applicant that has registered with hytch, who is seeking a position in Software Development (Product Manager, Software Engineer, Data Scientist and/or Designer) at a Company registered with hytch; “New Candidate“ is a new i.e. a Candidate that has never been registered with hytch, who has been referred to a Company through the Refer-a-Friend-Program hytch pays the Candidate a signing bonus in accordance with Section 5 of these Ts&Cs (i.e. the employment relationship has not been terminated prematurely); “User” is a Candidate, Company and/or educational institute that is registered with hytch; “Profile” is the data provided to hytch by a Candidate or published by the Candidate through social networks i.e. requested data on the Candidate’s education, qualification and professional experience etc., from which hytch may, at its discretion, create a Candidate profile according to hytch’s Look&Feel; “Refer-a-Friend-Program” is a hytch referral program in which a User can refer a friend which then results in the registration of a new Candidate (exclusively the user with the “last lead”), the user can earn a Refer-a-Friend Bonus (in the amount of currently EUR 1,000.00 net); “Social Networks” are social networks such as Facebook, Google+, Github, LinkedIn, Stackoverflow, Twitter or XING. “Company” is an employer that has registered with hytch, who is offering a position in Software Development (Product Manager, Software Engineer, Data Scientist and/or Designer) to a Candidate registered with hytch; 3. REGISTRATION AS A USER, AGREEMENT ON THE USE OF HYTCH SERVICES Should an individual wish to use hytch, i.e. create a profile or make an offer, the individual must first register with hytch by opening a user account. The registration is free-of-charge. All Users must complete the registration in full and must provide accurate information to include first and last names or Company data (incl. Company name), as well as a valid E-mail address. All other data regarding the User Profile is voluntary. Registration is also possible via Social Network user accounts. hytch can be used e.g. through the “Facebook-Connect” function. The “Facebook-Connect” function links the User’s Facebook account with the hytch user account. The User grants hytch access to the User’s data (i.e. user data that the User has marked as public) and the User E-mail address that the User has provided to Facebook. Facebook provides the “Facebook Connect” function; information pertaining to the function can be accessed under (https://de-de.facebook.com/help/405977429438260/). These notes also apply to other Social Networks accordingly. In particular: Google+ Github LinkedIn Stackoverflow Twitter XING. The individuals representing the Companies assure that they are authorized to enter into an agreement with hytch, either as the legal representative of the Company under which name the agreement is to be concluded, or as a legal representative that has received unrestricted power of representation to conclude the agreement with hytch. Otherwise the representative without power of representation becomes party to the agreement, irrespective of an authorization granted by the represented Company in accordance with Section 177 German Civil Code [BGB], hytch reserves the right to request proof of power of representation regarding the registration of a Company, at any time. Each User must select a user name and a password when registering with hytch. The user name may not be an E-mail or Internet address; it may not infringe on third party rights, particularly third party rights to names or marks; it may not infringe on common decency or be vulgar, racist, or offensive in any other way. The Users are responsible and liable for any activities performed under their user name. All Users must keep their passwords secret and safeguard their user accounts from unauthorized access. The User provides an offer to conclude an Agreement on the use of hytch Services with hytch through its registration. If user data is successful transferred to hytch within the scope of the registration process, the user will promptly receive a confirmation E-mail from hytch. This receipt confirmation does not constitute binding acceptance regarding the user registration offering. Moreover, this step is used to verify the E-mail address. In general, acceptance of the User offer regarding the user account is implied – unless acceptance is expressly declared in individual cases – by release of the user account. A User is no longer bound by its registration offer, if hytch has not accepted the user offer within a period of three working days. Only individuals having full legal capacity are authorized to use hytch. The legal age of a User is 18 years. A User may not register twice (“double registration” is excluded). Users may not transfer their user account to a third party without hytch’s prior written consent. hytch also reserves the right to reject a registration without providing the grounds for such rejection, even if all prerequisites for the registration of a user with hytch are met. hytch expressly states that each Company offer that is made after the interview and which possibly could lead to the conclusion of a separate agreement (usually an employment agreement) with the respective Candidate and that a separate agreement applies (see Section 1 para 4 of these Ts&Cs). 4. HYTCH SERVICES hytch provides the technical prerequisites for the use of the hytch online-platform and assesses the users within the scope of a quality check regarding their compatibility with the purpose defined by hytch in accordance with Section 1 Para 2 of these Ts&Cs. hytch provides the Users with a user account. The details regarding the registration processing and the use of other services are described on the hytch website. hytch is entitled to perform independent updates and extend hytch services at any time. hytch provides access to Candidate profiles during the activity period to interested Companies (the arrangement in Section 7 Para 1 of these Ts&Cs remains unaffected), hytch does not guarantee success vis-à-vis the User. Companies are obligated to notify hytch in text form immediately in the event the Company has prior knowledge of a Candidate. The Company is obligated to provide supporting documents of such prior knowledge. Prior knowledge is defined as having contact with the Candidate over the last twelve months. In this case, hytch will not render services in regard to this Candidate and is not obligated to pay a success fee or signing bonus for the Candidate (Section 5 of these Ts&Cs), in the event this Candidate enters into an Employment Agreement with this Candidate. hytch is entitled to provide its services through third parties. 5. SUCCESS FEES, SIGNING BONUS The Candidate may use hytch free-of-charge. In the event a Company and a Candidate conclude an employment agreement, the Company is obligated to pay hytch a success fee in the form of a referral commission in the amount of 15 % of the gross annual salary which the Company pays to the Candidate hytch referred (net plus VAT); irrespective of when the employment agreement was concluded. Payment of the success fee is due after the employment agreement is concluded between the Company and the Candidate and is payable by the Company within one week after receipt of the corresponding hytch invoice. hytch is obligated to reimburse the success fee to the Company if the employment agreement with the Candidate does not exceed a three month period (“premature end”). The Company is obligated to notify hytch of such premature end of the referred employment relationship within a week of the actual employment relationship end date in writing and to document such end, otherwise the reimbursement claim is forfeited. The reimbursement is credited within one week after the actual (premature) end of the referred employment relationship. If the referred employment relationship does not come to a premature end in terms of the provision in Para 3, hytch pays the Candidate a so-called “Signing-Bonus” in the amount of 20 % of the referral commission (net) in accordance with Para 3. htych will either make the payment per bank transfer or PayPal within the EU and outside of the EU the payment will only be made via PayPal. Each Candidate is responsible for paying wage or other taxes on the Signing Bonus. 6. REFER-A-FRIEND-PROGRAM hytch pays the recommending User – the user who referred a Candidate that registered with hytch (last lead) – a Refer-a-Friend-Bonus, if such recommendation was agreed between hytch and the User in advance based on the Refer-a-Friend-Program; such agreement is concluded if (a) the User provides relevant personal information and information on the New Candidate via the Refer-a-Friend-Web page or per E-mail to hytch, (b) hytch extends an invitation to the New Candidate to register with hytch and (c) in response to the invitation the New Candidate registers with hytch. hytch will effect payment within the EU either via bank transfer or PayPal and outside of the EU only via PayPal. Each Candidate is responsible for paying wage or other taxes on the Refer-a-Friend-Bonus. 7. CANDIDATES A Candidate creates its profile on hytch, which Companies may access. The Candidate may indicate which Companies should be blocked from seeing its profile (as a rule all former and current employers). A Candidate may accept a Company offer through express declaration during and after the activity period. The Candidate is not obligated to accept an offer. A Candidate may accept several offers in terms of these Ts&Cs and also agree to several interviews. After the activity period has ended, hytch will no longer provide Companies access to the Candidate profile, unless the Candidate requests an additional activity period. 8. COMPANY Companies may access Candidate profiles that have not been blocked and make an offer within the activity period. After making an offer the Company can invite the Candidate to an interview at which the possibility exists that an employment agreement between the Company and the Candidate is entered into. Offers can be amended or canceled up to the end of the activity period, amendments and cancellation is not permitted after the activity period ends. hytch provides the data required for the agreement between the involved users at the request of the Candidate. Companies and Candidates consent to the disclosure of the required data with the registration. The Companies are not entitled to use, store or provide such data to any third party except for the purpose of concluding the intended agreement. Otherwise the hytch data protection statement applies. 9. CONTENT To ensure the proper use of hytch a User must adhere to the following code of conduct. Non-compliance may be disadvantageous to the User, in particular in termination or the assertion of damages by hytch. A User is obligated: to provide complete and truthful information during the required registration process and other surveys (e.g. within the scope of creating a profile) required to attain the purpose of the agreement.
(b) not to register twice (double registration prohibition),
(c) to immediately update any provided data in the event of change, the updated data is to be updated in the respective administrative function,
(d) to ensure that access to the user name and the associated password is not provided to third parties,
(e) to prevent any use of hytch services by third parties through one’s own user account,
(f) to not use password saving programs for passwords and to immediately inform hytch of any unauthorized use of the password or user account or if any indication of imminent unauthorized use exists. The User is solely responsible for any content it provides to hytch such as texts, files, photos (hereinafter referred to as “Content”). The content is not reviewed by hytch prior to publishing it on the hytch website. The Content does not represent the opinions of hytch. Content published by users is third-party content and not hytch content; such content refers to third party content provided by hytch users. hytch retains the right to review the provided content in individual cases. It is the responsibility of each user to ensure that the transmitted content and/or opinion is lawful; in particular the content does not violate applicable laws or third party rights. In particular, each user undertakes vis-à-vis hytch to ensure that the transmitted content and/or opinion does not violate criminal law, copyright, competition law, youth protection law, trademark law or other industrial property rights, or the personality rights of third parties. In particular, it is forbidden to transmit content and/or opinion that: – is offensive, libelous, threatening, obscene, or harassing;
- serves racist, National Socialist, or other illegal purposes;
- glorifies and/or trivializes drugs;
- glorifies and/or trivializes war or violence;
- offends against common decency, good taste, or good manners;
- is grossly offensive;
- is of a pornographic or sexual nature;
- is harmful to young people;
- is extremist;
- promotes a terrorist or extremist political organization;
- calls for a criminal offense to be committed;
- contains insulting statements;
- is punishable or otherwise illegal, or
- that links to illegal content; or
- contains party or political propaganda. The Content and/or opinion that a user transmits must not contain any falsehoods about third parties and must not otherwise infringe on the rights, particularly personality rights, of third parties. By transmitting Content, each user gives their assurance that they hold the required exploitation rights for this Content on the Internet. Furthermore, each user guarantees and warrants that the Content they transmit is not subject to third party rights. In particular, the Users are obligated to ensure that they are in possession of the exploitations rights to the photo or file, including the right to publish it on the Internet prior to uploading the image or file. All users are obligated to indemnify hytch against all third party claims arising from third party rights violations, in particular as regards copyrights, industrial property rights, and other proprietary rights, based on the transmitted Content. In addition, the User is obligated to promptly notify hytch if the User subsequently becomes aware of the fact that the User is not in possession of the required exploitation rights regarding said content, or the User becomes aware of the fact that the content is unlawful. hytch is entitled to disclose personal user data to third parties, if hytch is of the opinion that there is reasonable suspicion that the Content transmitted by the User has infringed on third party rights, and the third parties have asserted claims arising from the infringement of such rights against hytch. If a User violates the aforementioned obligations, the User is obligated to compensate hytch for any arising loses or damages or indemnify hytch from any third party claims unless the User is not liable or responsible for the violation of such obligations. 10. USE OF HYTCH Users may not use the addresses, E-mail addresses and other contact data that they gain access to through the use of hytch for any other purpose other than for communication relating to the pre-agreement and agreement phases. In particular, the data may not be sold to third parties, unless the respective User has provided its express prior consent or not objected to such sale in terms of applicable statutory provisions. Users are responsible for archiving any data, which the Users require for the preservation of evidence, accounting or other purposes and that is accessible by hytch and any information that is stored on hytch on storage media that is independent of hytch. Users may not block, overwrite or modify any contents created by hytch or other Users or interfere otherwise with the hytch system, in particular if such activity would result in a system overload of the hytch server. 11. COPYRIGHT AND OTHER INDUSTRIAL PROPERTY RIGHTS REGARDING USER GENERATED CONTENTS With the transmission of Content all Users grant hytch the irrevocable, transferable right unrestricted as regards time and territory to reproduce, to distribute, to publish, to exhibit, to make publicly accessible, to change, to translate and to store such content irrespective of if a project has or has not been successfully financed or implemented. This comprises the right to alter and design the content and to adapt the content to the respective required file formats and to modify and/or improve the presentation quality, as well as the right to advertise, i.e. the right to use the content for hytch advertising purposes. This usage right permission does not survive the agreement term of the Agreement on the use of hytch Services; i.e., in the event the Agreement is terminated hytch is obligated to delete any content the User has provided to hytch. The Users’ duty to notify and indemnify hytch according to Section 9 Para 7 of these Ts&Cs remain unaffected, it does not apply, however, if the Users have notified hytch that the Users are not or (no longer) in possession of the required exploitation rights for the publication of the content or if the Users are of the opinion that the Content is not (no longer) lawful and hytch does not remove such content within a reasonable period. The Users are obligated to provide hytch with an accurate description of the content (uploading date and location, which entry etc.) that in the Users opinion should be removed in a reasonable period; this ensures that hytch is able to remove such content within a reasonable period. The Content stored on the hytch system is subject to copyright protection. As such Users are not permitted to copy, alter and/or distribute such content beyond the scope of the usage rights granted by hytch or by the respective owner of the rights in individual cases. The entire content, contained on or provided by the hytch site, such as texts, graphics, images and data is the property of hytch or third parties that supply or provide content on the hytch site; any such content is protected by German and international copyright and database law. The overall inventory of the content contained on or provided by the hytch site is the exclusive property of hytch and is protected by German and international copyright and database law. Users may not systematically extract and or reuse any parts or portions of the hytch content without hytch’s express written consent. In particular, the Users may not perform data mining, use robots or similar data collection and extraction programs to extract material portions of the hytch site for reuse (irrespective of if once or several times) without hytch’s express written consent. In addition, the Users may not create and or publish their own database that contains material portions of the hytch site (e.g. profile) without hytch’s express written consent. 12. DATA PROTECTION hytch complies with data protection regulations. hytch does not intend to process or use the Users’ personal data. The personal data of all Users is treated in accordance with data protections provisions. The personal data provided by the customers within the scope of registration is exclusively used in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) provisions. Personal user data is only collected if and to the extent a User has provided such data to hytch within the scope of using the hytch system. Processing and disclosure of such data to third parties e.g. to the other party to the Agreement on the use of hytch Services (Candidate-Company relationship) is only processed and disclosed to the extent such processing and disclosure is required for the initiation of an agreement between these Users. hytch does not disclose any additional data to any third party. Each User has the right to request personal data information stored by hytch and has the right to demand correction, blocking or deletion of this data free-of-charge. Queries regarding collection, processing or use of personal user data, information, corrections, blocking or deletion of data, as well as the revocation of its provided content may be addressed to hytch under the address provided in Section 1 of these Ts&Cs and in the hytch Legal Notices i.e. help@hytch.io. The data protection instruction in terms of this Section 12 can be accessed under http://www.hytch.io/privacy. 13. LIMITATION OF LIABILITY hytch expressly distances itself from the contents of all pages linked to hytch and assumes no responsibility and liability for such contents. The page providers are responsible for such content. hytch cannot warrant permanent availability and functional capability of its web pages, it does however endeavor to maintain a high degree of availability. hytch does not assume any liability for service disruption, data loss, and transmission errors. hytch is also not liable for service access quality disruptions. hytch is authorized to discontinue the operation of its web pages at any time and without prior notice. hytch expressly excludes any liability for damages i.e. consequential damages in such cases. Hytch is liable for unlawful content according to Section 10 German Teleservices Act [TMG] only in the following cases: if hytch is aware of unlawful content or has knowledge of facts or circumstances regarding such unlawful content, and if hytch does not take immediate action to remove the information or block access to such content as soon as hytch gains knowledge of such content. Otherwise hytch is only liable for damages caused by intent or gross negligence, as well as for damages resulting from negligent violations of material contractual obligations. In the former case the liability is limited to the typical foreseeable damage. These limitations of liability also apply in the case of breach of duty by hytch’s legal representatives or vicarious agents. The aforementioned limitations of liability do not apply if life, body or health is affected by the breach of duty. Any liability exceeding the aforementioned hytch liability is excluded to the extent permitted by law. 14. AGREEMENT TERM AND TERMINATION The Agreement on the use of hytch Services is concluded for an indefinite period. Both parties may terminate this Agreement with immediate effect at any time. hytch has a claim against a Company to the payment of the success fee (please refer to Section 5 of these Ts&Cs) for employment agreements that are concluded after the termination of the Agreement on the use of hytch Sservices, if hytch has referred the contact between the Company and the Candidate or has, at least, prepared such contact in such manner that the closing of the employment agreement is also the result of hytch services. If there are concrete grounds or there is other good cause to substantiate that a User is violating statutory provision or these Ts&Cs (in particular provisions in Section 9) regarding the transmission of content and/or the utilization of hytch services, hytch may delete the transmitted content in whole or in part without notice or notice period or restrict use, or give warning vis-à-vis the User, or block the user account temporarily or finally. hytch will consider the justified interest of the User in taking a decision in such matter. Termination is to be given in text form (e.g. via E-mail), in writing or via fax. The deletion of a user account is deemed to be a termination. 15. AMENDMENTS TO THESE TS&CS. hytch reserves the right to amend these Ts&Cs without providing any reasons at any time. The amended terms and conditions will be provided to the User via E-mail at least 30 days prior to them taking effect. If a User does not object to the new Ts&Cs within a two week period after receipt of the E-mail, the amended Ts&Cs are considered accepted. hytch will include a notice in the E-mail regarding the amended terms and conditions concerning the consequence of this notice period. 16. FINAL PROVISIONS The Agreement concluded under the application of these Ts&Cs is subject to the substantive law of the Federal Republic of Germany. The application of the “United Nations Convention on Contracts for the International Sale of Goods” (CISG) is excluded. If the user is not a business (in terms of Section 14 German Civil Code) but a consumer (in terms of Section 13 German Civil Code) and the User’s domicile is not in Germany, the Agreement is subject to the substantive law of the country in which the User maintains its permanent residence. The place of jurisdiction for all disputes arising from this Agreement is Berlin, Germany. If the Customer is not a Businessman (in terms of Section 14 German Civil Code), but a Consumer (in terms of Section 13 German Civil Code) and the Customer’s domicile is not in Germany, the determination of the place of jurisdiction is subject to the statutory provisions of the country in which the Customer maintains its permanent residence. Mandatory standards of the country in which the User has its permanent residence or its business seat on the date the agreement is concluded, regardless of if the User is a business or a consumer, remain unaffected by the aforementioned governing law and place of jurisdiction provisions. Amendments and supplements to the Agreement on the use of hytch Services require the text form to be effective. This also applies to the amendment or cancellation of this provision in Para 4, unless the parties demonstrably have agreed otherwise. Should a provision of these Ts&Cs be ineffective, this does not affect the remaining provisions. 17. TERMS & CONDITIONS FOR REFER A FRIEND At hytch we work hard to match each and every talent with their ideal position and help to build their careers. So every time a new talent finds the perfect position using hytch we’re happy, and they’re happy too. That’s why we encourage existing users to spread the word. As a Thank You we will reward you with €1,000. To participate please visit the Invite Page and use the provided links. In order to receive a bonus for your referred friend, the person must be (a) a new user on hytch (b) must have used the referral link to sign up on hytch, and (c) become an approved user of hytch. hytch remains the sole discretion of approvals. In the case that the referred user finds a job through hytch within 12 months after the sign-up and passes the probation period of three months, a referral bonus of €1,000 will be paid to the referrer. The referrer will be paid the reward within 45 days after the probation time mentioned above was passed. The referrer must provide hytch with the Bank Details or Paypal account. Please note that we can only accept payments via Bank Transfer inside the European Union. As an alternative we accept Paypal. hytch reserves the right to cancel a referring user’s referral offer if it determines, in its sole discretion, that a referring user has violated these terms. NO-GOS Referring non-existing people (fake accounts) Use of multiple identities Use of false email addresses, misleading information Spamming!!! The Dos Talk to your friends, tell them why you like using hytch and what’s in it for them Share your personal referral link on your social media accounts, add a good reason for people to have a look at hytch Talk to your friends and ask them about their current job status Ask us anything! Our support team is available whenever you need us!