Terms and Conditions | Talent Cluster

Terms and Conditions for Talent Cluster

Introduction

BY ACCEPTING THESE TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS THE "TERMS"), THE USER EXPRESSLY AND UNCONDITIONALLY DECLARES THAT HE/SHE IS OF LEGAL AGE TO BE BOUND BY THESE TERMS.

The access and navigation on the Website by a party and/or the use of the Services by a party, confirms the reading, understanding and unconditional acceptance of these Terms (including the Privacy Policy and Acceptable Use Policy) without any exception.

1. Parties

These Terms constitute a binding agreement between Client and Talent Cluster and between Candidate and Talent Cluster:

1.1 Talent Cluster is a company that operates under the name Nick Maris with Tax ID EL801918331, at Hippodamia Square 8, 18531, Piraeus, Greece, is registered as 165786908000 at piraeus chamber of commerce & industry, owns and legally operates and manages the online platform hosted on the website www.talent-cluster.com (hereinafter the «Website»).

1.2 The website is made available to visitors for the purpose of filling positions like any potential Client (hereinafter referred to as "the Client" or "party") engaging with recruitment services of Talent Cluster.

1.3 The website is made available to visitors for the purpose of finding work contracts or employment opportunities for themselves (hereinafter referred to as "the Candidate" or "party")

In case that a party disagrees with any or all of these terms, he/she must not use the Services in any way. Any use of the Services by the aforementioned persons implies their unconditional acceptance of and compliance with them, and each time they enter www.talent-cluster.com they reconfirm their agreement with Talent Cluster with the present Terms.

Please be noted that Talent Cluster may from time to time modify or replace all and/or part of the Terms at its sole discretion and/or when the modification/replacement is required by law, without prior notice to the party. Any amendments will be applicable from the date of their posting on the Website. Talent Cluster shall inform the party of any modification of these Terms, upon entering the Site, so the continuation of navigation on the Website by the party, or the use of the service by the party, implies the automatic and unconditional acceptance of the modified Terms on their part. If the party does not agree with the amendments, he/she must not perform any action and/or use the Website, and the Parties may request the immediate deactivation of the display of the job or their personal profile on the Platform.

By the use of the Service, the party agrees that any claim against any third party and/or Parties for any of their actions and/or omissions is limited to these persons and no liability is attributed to Talent Cluster for the actions/omissions of these persons.

2. Services

2.1 Talent Cluster follows the processes below as part of their recruitment services:

2.2 The onboarding process includes the signing of an agreement with the client (client agreement) that supersedes these Terms in case of any contradiction, otherwise it is additional to these Terms. The client agreement allows the client to send requests in which each request is in the form of a job description and selection criteria.

2.3 The search process includes the identification of existing or new candidates. In case Talent Cluster decides to advertise vacancies at talent-cluster.com and third-party websites, these vacancies are not mentioning the client.

2.4 The screening process includes conducting preliminary interviews and domain-specific verification.

2.5 The confirmation process starts once the client confirms they don't have the candidate already in their records. Note that Talent Cluster is not hiring any candidate. For long-term missions, the confirmation process finishes once the candidate is hired by the Client and finishes their first 30 calendar days. For engagements of a Candidate as a freelancer, the confirmation process finishes once the candidate finishes their first 30 calendar days of work and provides a timesheet approved by the Client.

3. Fees

3.1 In the case of a full-time engagement of the Candidate for long-term missions, the fee shall amount to the percentage of 5-15% over the gross monthly salary, which the Client will pay to the Candidate further to his/her recruitment, for as long as the Candidate is employed and for a maximum period of twelve months. This refers to the Candidate's taxable gross remuneration not including any bonuses or allowances. In this case, the fee shall be paid to Talent Cluster by the Client, based on the period that the Candidate provides his services to the Client.

3.2 In the case of engagement of a Candidate as a freelancer, the fee will amount to the percentage of 5-15% over the daily rate agreed to be paid to the consultant based on the invoice with the respective timesheet provided by him and approved by the Client. In this case, the aforementioned percentage fee will be paid to the Company by the Client, based on the period that the Candidate provides his services to the Client, and this obligation will be effective for a maximum period of twelve months.

3.3 The exact percentage depends on the number and complexity of positions, but there is no minimum number of positions to be filled and no obligation for Talent Cluster to fill a specific position unless this is stated in our agreement with the client. Talent Cluster will not ask for exclusivity unless this is requested in a Custom Recruitment Services Agreement.

3.4 All obligatory withholding taxes and other charges, existing or future (if any) provided by the applicable Law and the Convention for the Avoidance of Double Taxation on income, shall be deducted from the amount payable to Talent Cluster. This remuneration is all-inclusive, and Talent Cluster is not entitled to ask for or receive an additional fee or reimbursement, further and above the sum mentioned in these Terms, unless stated in the client agreement.

4. Invoicing Terms

4.1 For the invoicing terms, Talent Cluster is open to suggestions from the client, provided these terms are agreed upon in writing in the client agreement. Talent Cluster suggests half of the fee to be invoiced the first day after the end of the confirmation process and the other half 60 days later with the guarantee that the second half will not be invoiced if the contract between the Candidate and the Client stops before these 60 days due to any unforeseen circumstances.

5. Payment Terms

5.1 Talent Cluster accepts euro in PayPal, in Wise, or through a wire transfer to Alpha Bank. For the due diligence, Talent Cluster is open to suggestions from the client, provided this is agreed upon in writing in the client agreement. Talent Cluster suggests 30 days of due diligence.

6. Restriction of Guarantees

6.1 Talent Cluster makes no warranty as regards the obligations of the Client, the obligations of the Candidate, and the security of the Website and the links to third-party websites it might have.

7. Limitation of liability

The information about jobs that Talent Cluster publishes on the platform is based on the information it receives from the Client. The information about prospective Candidates that Talent Cluster shares with a Client is based on the information it receives from the Candidate. While Talent Cluster makes every effort to verify this information, Talent Cluster can neither confirm nor guarantee that all information is accurate, complete, or correct, nor can it be held responsible for any errors (including obvious and typographical errors), for interference due to (temporary and/or partial) suspension of operations, restoration, upgrading or maintenance of the Website or any other cause, for inaccurate, misleading, or untrue information, or for failure to distribute the information. In addition to what is expressly set forth herein, Talent Cluster shall have no liability, civil, criminal, or otherwise, to Parties and/or any third party claiming rights from them, in the event that any of the foregoing, in the use of the Service, suffers direct damages, indirect, incidental, consequential, loss of profits, business, income, reputation, reduced sales of products, or frequency of services, or suffers any other damage of a direct, indirect or consequential, economic, or other nature, due to:

(a) Delayed or improper sending, transmission, storage, reception of any information and/or Content, and/or loss, destruction thereof, due to errors, omissions, technical glitches, faults, or malfunctions of the telecommunication networks, the Internet, the website, or Internet Service Providers.

(b) Any permanent or temporary disablement of the Service, shutdown of all or part of the Service, or technical malfunctions of the Service as set forth herein.

(c) Any events, circumstances, actions, acts, and/or omissions of Talent Cluster or third parties, including Parties, for which Talent Cluster makes no warranties and assumes no liability as set forth herein.

(d) Employers’ or third parties’ use of Users’ data (including any personal data) for purposes other than the use of the Service.

(e) Violation of applicable tax or other laws related to, but not limited to, the use of the Service.

(f) Any discrepancy between the time of the Service’s time system and any officially established time.

(g) Circumstances of force majeure.

In addition to the foregoing, the following are expressly agreed: The Clients shall enter into autonomous contracts with Candidates at their sole risk. These contracts, which may be based on these General Conditions, shall be binding solely and exclusively on the parties involved, who are solely responsible for their performance. Under no circumstances shall Talent Cluster be a party to such contracts or acquire any rights or obligations under them. Talent Cluster, its Affiliates, and/or its Associates shall not be liable in any way for the risks associated with entering into, initiating, and completing the above-referenced contracts between Clients and Candidates and shall not be liable for any damages arising out of the transactions between them like Candidate overcharging, misleading claims about candidate availability, qualifications and compliance with local laws but also Client discrimination, payment delays, misrepresentation of job details or termination without notice or justification that aligns with the contract they might have signed.

Talent Cluster, in providing the Service, does not become a Business or Candidate itself and therefore has no responsibility or obligation to secure the obligations of those subject to applicable law or to secure the rights of Parties under applicable law, except as expressly reserved herein. Any grievances or claims relating to the Workplace and the Business or the specific requests of Candidates shall be handled by the Parties without the mediation or intervention of Talent Cluster. Talent Cluster shall not be responsible and disclaims all liability with respect to Clients’ job requirements. In any event, it is expressly agreed that Talent Cluster shall only be liable for direct damages arising out of its own fraudulent intent or gross negligence. Subject to mandatory provisions of law, Talent Cluster’s liability for direct damages due to slight negligence is expressly excluded regardless of the legal cause. Talent Cluster’s liability for indirect or consequential damages is completely and expressly excluded, regardless of the cause.

THE LIMITATIONS ON COMPENSATION SET FORTH HEREIN SHALL APPLY EVEN IF THE TERMS OF THIS AGREEMENT ARE NOT FULFILLED OR ARE HELD INVALID OR UNENFORCEABLE, AND PARTY ACKNOWLEDGES THAT THE LIMITATIONS SET FORTH HEREIN ARE REASONABLE AND FORM THE BASIS OF THIS AGREEMENT AND THAT WITHOUT SUCH LIMITATIONS TALENT CLUSTER WOULD NOT HAVE JOINED THIS AGREEMENT. However, to the extent permitted by law, neither Talent Cluster nor any of its employees, directors, officers, representatives, associates, affiliates, distributors, online partners, franchisees, agents, or others involved in the creation, sponsorship, promotion, or provision of the Service shall be liable for (i) any punitive, special, indirect, or consequential damages or loss, any loss of production, loss of profits, loss of revenue, loss of contract, loss or damage to patronage or reputation, or loss of compensation, (ii) any inaccuracy regarding the information (description) of the jobs provided on the Site; (iii) any (direct, indirect, consequential, or punitive) damages, losses, or charges which the Party has suffered, paid, or incurred pursuant to, following, or in connection with the use, inability to use, or delay in using the Site; or (v) any (personal) injury, death, damage to personal property, or other (direct, indirect, special, consequential, or punitive) damage, loss, or charges which the Party has suffered, paid, or caused, arising either from (legal) acts, errors, or breaches.

8. Obligations of the Parties

Parties expressly and unconditionally represent and warrant that:

8.1 They have fully read and understood the current General Terms and Conditions, the Privacy Policy, the Acceptable Use Policy and any other policies and accept them fully and unconditionally.

8.2 In the case of a third-party acts in their interest and on their behalf (Authorized User) that it has obtained all necessary permissions for the provision of the Party’s data, data and information concerning the Party, including consents, in accordance with the applicable legislation on the protection of the personal data of the subjects it provides.

8.3 At their own responsibility and expense they will immediately take all necessary measures and in any case will fully compensate us Talent Cluster, from any claim, loss, damage, costs, expenses, liabilities, liabilities, discrepancies, penalties, fines, attorneys’ fees that such persons may incur as a result of (a) any breach by them of these General Terms, its representations and warranties hereunder, Talent Cluster’s intellectual property or other rights (b) any other act or omission in the use of the Service and/or other services that is contrary to law.

In accordance with the aforementioned, the Parties agree and undertake not to utilize the Service for:

posting, publishing, e-mailing or otherwise transmitting any content that is unlawful for any reason, causes unlawful injury or damage to Talent Cluster or any third party, or violates the confidentiality or privacy of any individual’s information,
posting, publishing, e-mailing or otherwise transmitting any content that causes offence to users’ morals, social values, minors, etc,
posting, publishing, e-mailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of Talent Cluster or others,
sending, publishing, e-mailing or otherwise transmitting any material that contains software viruses or any other code, files or programs designed to interrupt, damage, destroy or equip the operation of any software or computer hardware,

Additionally, Talent Cluster specifically states that Parties accept that the password of Parties is personal and non-transferable, therefore Parties are prohibited from assigning the right to use their passwords. Talent Cluster shall not be liable for any damage or loss that may arise from the unauthorized or illegal use of the password by third parties, due to leakage or for any other reason, and they reserve the right to seek compensation from the Party in the event that they suffer any kind of damage from the unauthorized or illegal use of the password. Parties confirm that they are of legal age to use the Service and create binding legal obligations for any liability that may arise as a result of such use. Parties acknowledge and expressly consent and accept that the use of the Service is at their sole risk and any act/omission is binding on the Party exclusively and that the Service is made available for personal and not commercial use only. Any act and/or omission of the Authorized User in relation to the Service is subject to their approval and acceptance and therefore binds the Parties and creates rights and obligations for them. Particular obligations of Parties Each Party retains responsibility at all times for the accuracy, completeness and correctness of the information (including prices and availability) displayed in his/her Profile on the Platform. The Parties clarify and commit that the Information will in any case be true, accurate and not misleading and that they are in any case responsible for the correct and up-to-date status of the Information. Each Company and each Candidate is obliged to accept the Candidate and Company respectively as a party. Businesses must provide the jobs for which an application has been made and in the event that a Business is unable to meet its obligations hereunder for any reason, the relevant Company must immediately inform the Candidate. Companies are obliged to provide accurate and lawful information about vacancies and to provide full and clear information about the type of services, how, when and where they are provided by the Candidate. The Companies are obliged to pay the Subscription to Talent Cluster upon opening an Account, each Party has the right to access and use the Talent Cluster administration tool, which enables Parties to manage their profile. Use of the Talent Cluster administrative tool must be in accordance with the Acceptable Use Policy.

Party acknowledges and expressly consents and accepts that:

The use of the Service is at the sole risk of the User and any act/ omission binds the User exclusively.
It shall undertake all appropriate legal and technical measures and means to ensure that it is bound by these General Terms and Conditions.
Will report to Talent Cluster in written form at info@collegelink.gr any event, action or omission by any Party or third party that constitutes or is believed to constitute a violation of these General Terms of Use, and/or their personal data.
The Party has no right to resell, direct link, use, copy, monitor (e.g.spider, scrape), present, download or reproduce any content or information, software, products or services available on the Website for any commercial or competitive activity or purpose.
Any action and/or omission by the Authorized User in relation to the Service is subject to the approval and acceptance of the Party and therefore binds the Party and generates rights and obligations for the Party.
In using the Service, the Party accepts that the details and all other information, including information about jobs published on the Platform, may contain inaccuracies, mistranslations or typing errors.

9. Other services of the Website

9.1 Advertisements

Talent Cluster reserves the right to advertise on various sites of its choice on the Internet and to use affiliates or third-party advertising companies, as appropriate. Talent Cluster reserves the right to display third-party advertisements through the Site. Advertisements may contain external links to third-party websites. It is the responsibility of advertisers to ensure that their advertisements and their content are lawful, do not infringe on the rights of third parties, and are not offensive, false, fraudulent, or misleading. It is prohibited to post advertisements on the Website with subject matter or content that is abusive, threatening, pornographic, nudity, alcohol, drugs, cigarettes, gambling and betting, weapons, explosives, viruses or other inappropriate programs, pyramid schemes, illegal activities, or any other inappropriate content in Talent Cluster’s sole discretion. All advertisements must be appropriate to the community of the Website and respect the rights of third parties, whether individuals or entities. No advertisement may imply that it is endorsed, approved, or made in association with Talent Cluster or the Website. Talent Cluster may, at any time, reject any advertisement for any reason it deems appropriate, even after publication.

9.2 External Links

The Website and its individual web pages may contain links to websites maintained by third parties whose information and data protection practices are different from those of Talent Cluster. Talent Cluster is not responsible for the information or data protection practices used on third-party websites. Before using other websites, it is recommended that you read and understand their terms of use and privacy policy. Talent Cluster does not control the availability, content, Privacy Policy, quality, and completeness of the services of other websites to which Talent Cluster refers through links, hyperlinks, or advertising banners. Talent Cluster shall in no way be deemed to endorse or accept the content or services of the websites and pages to which it links or to be associated with them in any other way. Reference to other websites does not create any liability on the part of Talent Cluster as to their availability, quality, completeness, content, or operation in accordance with the law, whether in relation to intellectual and industrial property rights or any other third-party rights. The use of links and third-party websites is at the risk of the Party or visitor. Therefore, visitors are required to comply with the terms of use of these websites and to contact their providers directly for anything arising from their visit and/or use.

9.3 Social Media

Both Visitors and Parties may follow Talent Cluster through its Facebook pages (Social Media) to learn about Talent Cluster’s news, comment, and participate in special promotions. Any products or services offered by Talent Cluster through Social Media and all information communicated, submitted, or offered by Talent Cluster through its Social Media accounts will be subject to these Terms.

10. Intellectual Property rights

Talent Cluster is the intellectual creator and legal owner and administrator of the Service, and hereby grants to the Party the rights to access and use the Service in accordance with these General Terms. Talent Cluster owns and shall retain in its possession and ownership all right, title, and interest (a) in and to the Service, its functions, and features (including but not limited to: its Software, its programs, the philosophy, methodology, and techniques by which it is designed, its model, algorithms, information and materials, its know-how regarding the Service and its Software, and any modifications, customizations, configurations of the Service and its Software, derivative works, and other related items), and (b) all content on the Site, such as text, graphics, logos, icons, images, sound clips, and software («Content»), which is the property of Talent Cluster or its licensors and/or other suppliers, and is protected by Greek and European copyright and other intellectual property laws. The intellectual property rights inherent in the compilation (i.e., the presentation, selection, collection, arrangement, and aggregation) of all Content on the Site are the exclusive property of Talent Cluster, which manages and operates the Site. The software, available on our website or in the app downloaded to your mobile phone, and that of our suppliers, is copyrighted. Any use of the content and/or software that is not in accordance with this Agreement, as well as the reproduction, modification, distribution, transmission, republication, display, or performance of the content of the Site is prohibited unless expressly stated to be permitted. The appearance of the content on the Site does not constitute and should not be construed as a transfer or assignment of any license or right to use the content. In particular, no right or license, express or implied, to Talent Cluster’s Intellectual Property Rights is granted to Parties by these Terms. Ownership of the Service, its content, and related materials shall remain solely with Talent Cluster.

11. Governing Law and Jurisdiction

11.1 These Terms and Conditions are governed by Greek law.

11.2 Any disputes arising hereunder shall be resolved in the courts of Athens, Greece.

12. General Provisions

12.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior agreements or understandings, oral or written, pertaining to the subject matter hereof.

12.2 There are no representations or warranties made by either Party and there are no assurances given by either Party, except as specifically stated herein. Headings herein are for convenience only and shall not limit in any way the scope or interpretation of any provision of this Agreement.

12.3 Failure or delay by either party at any time to enforce any of the provisions of this Contract shall not be construed as a waiver of any other breach of the same or other provisions of this Agreement or of any rights or remedies hereunder, and no waiver shall be effective unless made in writing.

12.4 This Agreement shall not be amended except by written agreement duly executed by both Parties.

12.5 This Agreement shall not be assigned by a Party to any third party without the written approval of Talent Cluster. This Agreement shall endure to the benefit of and be binding upon the respective successors and assigns of the Parties hereto.

12.6 The nullity of one of the clauses to be found in the Agreement shall, on no account, entail the nullity of the entire Agreement.

12.7 The current Agreement shall be effective as from the date of its signature by both Parties and shall remain in force for an indefinite period of time.

13. ACCEPTABLE USE POLICY OF THE SERVICE

Parties and their Authorized Users are obligated to use the Service in accordance with the Terms, applicable laws and regulations, and in good faith and in accordance with morality.

The above persons are prohibited from:

Any use of the Service for any purpose other than to offer, search, and find a job.
Any access or attempted access to information and data (including personal data) handled through the Service for which they have no authority or power to use.
Accessing the Service for the purpose of creating or producing a product or service that competes with the Service and the Service Software.
Use of the Service for the purpose of providing services on their behalf to third parties, other than those permitted in the Terms.
Selling, leasing, disposing, transferring, assigning, licensing, presenting, transmitting, and generally commercially exploiting the License to access and use the Service and the rights granted to them under the Permission in accordance with the Terms.
Facilitating in any way and by any means third parties to gain access to the Service and to any data (including personal data) and information.
The transmission and transfer of viruses, sending and transmitting documents and Information which are illegal, harmful, threatening, defamatory, dangerous to the security of the Service, and to the reputation and goodwill of Talent Cluster, its Affiliates and Associates, and other Parties of the Service.
Posting messages, Information, Documents, and other data and information and providing any data (including personal data) and information that may contain abusive, threatening, defamatory, and generally illegal content.
Any action that is or is deemed to be detrimental to the interests of Talent Cluster, its Affiliates and/or Associates, and other Parties of the Service or may prevent any third party from using the Service.
The sale, assignment, leasing, transfer, or processing of any data obtained through the use of the Service to any third party and for any purpose.
Posting or transmitting content that is inappropriate, illegal, abusive, harmful, threatening, offensive, abusive, defamatory, libelous, obscene, vulgar, indecent, pornographic, blasphemous, and in any way contrary to morality, invasive of another’s privacy, confidential, embarrassing, or likely to cause annoyance, distress, or unnecessary anxiety to third parties, expresses racial, religious, ethnic, or other discrimination, may cause harm to minors in any way, infringes the copyright or other proprietary rights of others, is used to collect or store personal data of others, promotes alcohol, drugs, cigarettes, gambling and betting, weapons, explosives, promotes pyramid schemes, illegal activities, or in any way violates the law or the Terms of Use, is promotional, recommends or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate the law, or violate the rights of any third party in any country in the world, contains software viruses or any other code, files, or programs designed to interrupt, damage, impair, interfere with the operation of, or destroy any software, equipment, or computer hardware, or is deemed inappropriate in Talent Cluster’s sole discretion.
Any kind of Software piracy, hacking, and/or data (including personal data) and information theft.
The introduction to the Service, the sending and transmission of information or programs – Software that may contain viruses or other harmful features that may either cause malfunction of the Service, or cause excessive traffic on the Service, thus making it difficult for other Users to use the Service.
Using the Service in any manner that, regardless of intent, (whether fraudulent or negligent) could cause the Service to malfunction.
Any dispatch of External Links during the communication of Candidate Parties – Party Businesses through the Talent Cluster platform. External Link means any attempt by any party to refer the other party to a site external to the Talent Cluster platform.
The licensing, resale, rental, leasing, assignment, subcontracting, and disposal in any manner whatsoever of the Service to third parties for any use and purpose other than the uses expressly permitted hereunder.
Decomplication, copying, modification, alteration, distribution, presentation of the Software included in the Service or any part thereof, and/or editing its source code in any way.
Linking the Service to any Party product/service without the express written consent of Talent Cluster.
Any action that may affect the ability of other Parties to use the Service, or infringe the rights of other Parties, such as but not limited to their intellectual property rights, personal data, etc.
The use of mechanisms, software, or other actions that interfere with the normal functioning of the Service.
Any copying, analog/digital recording and mechanical reproduction, distribution, transfer, downloading, processing, resale, creation of derivative works of the Service and its components described herein.

In the case that the Party is in doubt as to whether any action or omission constitutes a violation of this Acceptable Use Policy and/or if the Party wishes to report to Talent Cluster any violation of the present Policy that has come to their attention, they may contact the email address provided in the footer of the Website.

14. Reporting a security issue

If you would like to report spam, phishing or a security breach, please contact the email address provided in the footer of the Website.

15. Inquiries

For sales inquiries, please contact the email address provided in the footer of the Website.

Last updated at 2025-01-22