These general conditions of use and legal information (hereinafter, the “General Conditions”), apply to the website of “GRUPO CORELLIA PROYECTOS GASTRONOMICOS, S.L.” (hereinafter, the “Corporation”), called Service Club (hereinafter, “Service Club” ) whose domain is www.serviceclub.com, and the corresponding mobile application, as well as all its related or linked sites, as well as its affiliates and associates, including the websites of Service Club worldwide (hereinafter and collectively, the “website“).

The “website” is property of “GRUPO CORELLIA PROYECTOS GASTRONOMICOS, S.L.” By using the “website”, you state your agreement (the term “you” or “your” refers to a user of the Platform) with these terms of use and agree to comply with them. Therefore, as the “Corporation”, we request that you carefully read the “General Conditions” and ensure that you understand and accept them before subscribing, accessing or using the Platform. If you do not agree, we ask you to refrain from using it or accessing it.

Through these “General Conditions“, “GRUPO CORELLIA PROYECTOS GASTRONOMICOS, S.L.” makes available to all those people in the hospitality sector and that are registered in the Service Club Platform, (hereinafter, the “Clubber“) the website and the mobile application (hereinafter collectively referred to as the “Platform”).

In accordance with the provisions of current regulations, the following identifying data of the owner of the “website” are presented:

Name: GRUPO CORELLIA PROYECTOS GASTRONOMICOS, S.L.

Registered office: Roger de Lluria, 26, 5 1a, Barcelona, Spain

Registration data in the Mercantile Registry: Mercantile Registry of Barcelona, registered on January 3, 2018, in Volume 46209, Folio 39, Sheet 513021, Registration 1ª.

Tax identification number (NIF): B-67127522

Contact form: hello@serviceclub.com 

0. DEFINITIONS AND INTERPRETATIONS

The following terms will have the meanings and interpretation as detailed below, unless the context clearly indicates otherwise:

1. The Corporation; named “GRUPO CORELLIA PROYECTOS GASTRONOMICOS, S.L.”, encompasses a series of initiatives related to gastronomy. The Corporation is specialized in training and recruitment of staff in the hospitality industry, as well as several other projects that will aim to increase the profitability and success of restaurants around the world.
2. Service Club; refers to the online marketspace of hospitality professionals created by the “Corporation” where professionals can register, complete their profiles, post jobs, apply for jobs, have access to online training and rate each other. 
3. Service; refers to the service that the Corporation and the Service Club offer both Employers and Clubbers, which is simply matching profiles inside the marketspace and putting them in contact.
4. Platform; refers jointly to the website and the mobile application.
5. Website; collectively referred to as Service Club websites worldwide.
6. Clubbers; refers jointly or individually to those people who work in the service industry or seeking work in service industry and are registered within the Service Club platform, online trained through microlearning and put in contact with hospitality business owners and managers (those defined below as Employers)
7. Employers; refers jointly or individually to all restaurants, hotels or other establishments in which Service Club Clubbers work.
8. Users; refers jointly or individually to Employers and Clubbers that are registered in the Service Club Platform and make use of an Account.
9. Status; refers to the availability of the Clubber that may appear on the Platform as available or not available.
10. Corellians; all the staff that works internally in the Corporation, such as CEO, CBO, CFO, CTO, Finance, Sales, Account Management, Owners and Product Managers, Developers, Technology, Administration, IT, Marketing, etc.
11. The Parties; refers jointly to the Users and the Service Club, as indicated by the context.
12. Service Club Extras; refers to Service Club’s service in which there is a need to hire extra staff for short term assignments. The requirements may be for the same day, next day or any other day. The requirement will be met in collaboration with an employment agency in collaboration with Service Club; BCM TRABAJO TEMPORAL ETT, S.L., and who will handle all the social security, insurance, salary payments of the staff as well as the final billing (minus initial booking fee) of the Employer. In this scenario, the “Employer” will be shown Clubber profiles that match the posted job by the Employer with the match rate in percentages. If the Employer approves the selection, he is free to book the Clubbers through the Service Club platform. If the Employer is not satisfied with the selection, Service Club may be able to offer further options from the applications to the posting. The Employer is not obliged to book the Clubbers if the Employer is not satisfied with the selection. If the Employer books the Clubber(s) and if the Clubbers attend the booking, the Employer is obliged to use their services and pay the final bill. For “Service Club Extras”, the Employer understands that the selection of Clubbers may not be as accurate as those selections made with more notice. 
13. Service Club Talent Pool; refers to Service Club service in which Employers will gain access to staff willing to be hired for full-time, part-time roles that could be for a period of time (contract) or indefinite. The Employer can post a job that will be shared with thousands of Clubbers. Employers will receive applicants that match the job offer 80% or over “top matches”. They will only be requested to pay if they approve the top matches filtered for them. After the booking fee payment, the Employer will be able to communicate with the selected Clubbers directly, booking them for interviews, negotiating salaries and handling the payroll of those who were hired. 
14. Engagement; acceptance of a job offer by the Clubber and the subsequent relationship between the latter and the Employer. The corporation acts only a marketspace in where “Employers” and “Clubbers” meet each other. The corporation does not act, decide or participate, in any of their potential labor relationships. 
15. Top matches: known as those Clubbers who match with the job posting of the Employer in at least 80% in terms of Experience, Education, Languages, Skills and training taken from Service Club.
16. Microlearning modules: training Clubbers receive from Service Club platform under the Academy. They are not obligatory though they increase staff’s chance to be offered jobs by Employers. They are short, fun, question based online modules on general hospitality subjects or subjects of each Employer’s choice. They are not designed to give a full education on the subject but more designed to test the applicants’ existing knowledge while reminding top rules and mindset in succeeding in hospitality as well as filtering those applicants that are not willing to go through the training based recruitment platform.
17. Confidential information; Any information or matter that is not in the public domain and that is directly or indirectly related to the Corporation, the Service Club, the Employers and/or any other legal entity with which the Clubber has had contact, in general, any information to which the Clubber has had access as a consequence of and in relation to the content of the Engagement and the operations or actions that are carried out in the execution thereof.
18. Your Content; refers to the following Employer information: VAT NUMBER, ADDRESS, COMMERCIAL REGISTRY DATA, telephone number, email, social networks (such as Facebook, Instagram, Twitter, LinkedIn, etc.).
19. Contact Form; refers to the contact details provided previously; hello@serviceclub.com as well as the forms in which the Employers are able to send their details and job details to Service Club:

1. OBJECT

“Service Club” is marketspace of hospitality professionals created by the “Corporation” where professional can register, complete their profiles, post jobs, apply for jobs, have access to online training and rate each other. “Service Club’s” intention is to match jobs with jobseekers and put parties that interested in each other in contact (all hereinafter understood as the “Service”). The “Clubber” can subscribe to any offer of the “Platform” registered by the “Employers” through the “Platform”, with “Service Club” acting as the marketspace that connects parties. Therefore, “Service Club” cannot and does not assume any responsibility such as, and not limited to, the conditions of the labor relationship, the payment of salaries to the “Clubbers“, the fulfillment of their fiscal obligations, the expenses that may have been incurred to reach such jobs, the breach of labor rights, the behavior of the “Employer” or the “Clubber”, among others.

In this same way, “Service Club” acts as a brokerage platform by virtue of a mandate granted by the “Employers” through which staff can be recruited on “demand”. The objective of “Service Club” is to provide “Employers” who need staff at short notice, the selection and hiring of “Clubbers”, willingly and voluntarily complying with the mandate given by the “Employers” to “Service Club”.

2. CAPACITY

Only people with legal capacity and sufficient legitimacy to accept legally binding contracts, and who can legally perform any employment under the applicable laws and regulations, may use the “Platform“. Persons who are not competent to enter into a contract, including those minors under applicable law, are not eligible to use the “Platform“. 

By accessing/using the “Platform” or the “Services“, you declare and guarantee to “Service Club” that you are of legal age, fully competent to enter into a contract, and that you have capacity to accept and comply with these “General Conditions“.

If you are accessing/using the “Platform“/”Services” on behalf of a company or any other legal entity, you represent and warrant that you have the authority to bind such company or legal entity and in such case, the terms “you” and “your” in these “General Conditions” will refer to said company or entity. If you do not have such authority, you may not accept the “General Conditions” and you should not use the “Platform”.

You also declare and guarantee to “Service Club” that you will use the “Platform” in accordance with each and every one of the applicable laws and regulations. “Service Club” reserves the right to suspend access to the “Platform” if it is notified or if it is discovered that you are not competent to enter into the contract.

3. REGISTRATION

To access the “Platform”, the “Employer” must register and create two different accounts:

• Personal Profile: will have to be filled with the personal data of the representative or the manager of the “Employer” (in case it is a legal person or an establishment).
• Business Profile: It must be filled with the data of the Corporation that owns the restaurant, hotel or establishment in which “Clubbers” are going to work for. In case the Corporation owns more than one restaurant, hotel or establishment, it must create an account for each of them.

The details of the information we collect and how we use, store, transfer or disclose this information are detailed in our Privacy Policy available both in the Application and on the website www.serviceclub.com, which is an integral part of these “General Conditions“. If these “General Conditions” have been read in conjunction with our Privacy Policy and you do not consider them acceptable, please do not access or use the “Platform“. 

The “Employer” guarantees that all the information about the identity and legitimacy provided to “Service Club” in its registration forms and “Platform” is true, accurate, complete and up to date. The “Employer” also agrees to keep all information updated.

If the “Employer” provides false, inaccurate or incomplete information, or if “Service Club” considers that there are sufficient reasons to doubt the veracity, accuracy or integrity thereof, “Service Club” may deny access and current or future use of the “Platform” or any of its contents and/or services.

When registering on the “Platform“, the “Employer” will select a username and a secure password on his personal account. Both the username and password are strictly confidential, individual and non-transferable and the “Employer” will be solely and totally responsible for all the activities carried out with their password or account, including statements made on the “Platform“, even if they are not authorized by the “Employer“. “Service Club” has no control over the use of the “Employer” account and expressly waives any liability arising therefrom. The “Employer” agrees not to disclose information related to their account or make it accessible to third parties.

Once you have logged in and provided all the required information, your “Employer Account” will be sent to Service Club admin for approval. It will take maximum one week for your profile to be approved or rejected. If you intend to use “Service Club Extras”, your profile will go through credit check during the approval process or after your first Extra job posting. If the credit agency we use does not find your credit scoring satisfactory, we may ask total fees in advance to book staff for you. During the application stage, you will be asked a series of contact and legal questions, all of which will be shared both with BCM TRABAJO TEMPORAL ETT, S.L. and their credit control / insurance agencies to vet your Service Club account.

“Employer” must immediately notify “Service Club” about the loss, withdrawal and/or disclosure of their username or password via email to “Contact Form” mentioned above, with the subject of the email being “Account-Unauthorized access“. If you suspect that an unauthorized person may be using your password or account or if you suspect any other security breach regarding your account, you should contact “Service Club” immediately and change your password without delay.

“Service Club” reserves the absolute discretion to allow, or not, the creation of an “Employer Account” and/or making use of any of the “Services”, without the need for any justification.

“Employer Account” will remain active until canceled in accordance with these “General Conditions” and, in the event of such cancellation, your right to access or use the “Service” will automatically cease unless you reinstall the Application or reactivate or recreate your “Employer Account“.

“Employers’” profile will be matched with suitable staff and “Employers’” details, including contact details, will be shared with the Staff. 

The no use of the “Platform” for over 12 months may result in the removal of the “Employer” in “Service Club”.

4. HIRING A CLUBBER

Once “Employers” have their account duly activated on the “Platform”, they will be authorized to post job offers and book “Clubbers”.

“Employers” will be able to post two type of job offers and consequently book “Clubbers” services which meet the requests:

Service Club Extras: refers to Service Club service in which there is need to hire extra staff for short term assignments. The requirements may be for the same day, next day or any other day. The requirement will also be met in collaboration with BCM TRABAJO TEMPORAL ETT, S.L., who will handle all the social security, insurance, salary payments of the staff as well as the final billing (minus initial booking fee) of the “Employer”. In this scenario, the “Employer” will be shown “Clubber” profiles that match the posted job by the “Employer” with the match rate in percentages. If the “Employer” is happy with the selection, they are free to book the “Clubber” through the Service Club platform. If the “Employer” is not happy with the selection, “Service Club” may be able to offer further options from the applications to the posting. The “Employer” is not obliged to book the Clubbers if the “Employer” is not happy with the selection. If the “Employer” books the Clubber(s) and if the Clubbers attend the booking, the “Employer” is obliged to use their services and pay the final bill. For emergency bookings, the “Employer” understands that the selection of Clubbers may not be as accurate as those selections made with more notice. 

The procedure for hiring is as follows:

1. “Employer” posts a job using their account in Service Club or the publicly open online posting funnel. By posting a job, the Employer accepts that Service Club will advertise their job in Service Club platform and other online recruitment platforms, using the Employer’s name, logo, official images and corporate branding. 
2. The job goes to relevant Clubbers or potential Clubbers from other sites. Clubbers apply.
3. “Service Club” filters applications according to relevance and present them to the Employer.
4. If “Employer” approves the selection, he/she pays and amount of 45.-€ per person booking fee to secure the Clubbers. Booking fees are not refundable if the Employer did not make them at least 4 hours before their start time. Service Club will still do their best to fill the Employer’s request but they must remember: finding available Extras and doing the social security registration takes time!
5. “Service Club” allows Clubbers and Employers to communicate and to discuss further details of the job, if necessary.
6. The “Employer” receives a final invoice at the end of the job from BCM TRABAJO TEMPORAL ETT, S.L., covering all social security, insurance, staff salaries and showing a clear fee breakdown.
7. Only in the scenario where a “Clubber” did not attend a booking that they were booked / confirmed for, the “Employer” is entitled to the refund of the initial booking fee. Otherwise, booking fee is unrefundable for all other scenarios.

Service Club Talent Pool; refers to “Service Club” service in which Employers will gain access to staff willing to be hired for full-time, part-time roles that could be for a period of time (contract) or indefinite. The “Employer” can post a job that will be shared with thousands of Clubbers. Employers will receive applicants that match the job offer 80% or over “top matches”. They will only be requested to pay if they approve the top matches filtered for them. After the booking fee payment, the “Employer” will be able to communicate with the selected Clubbers directly, booking them for interviews, negotiating salaries and handling the payroll of those who were hired. The procedure for hiring is as follows:

1. A job is posted in the platform by the “Employer” specifying their specific needs. 
2. “Service Club Platform” shortlists “top matches” who are Clubbers with at least 80% match-rate.
3. In case the “Employer” is satisfied with the candidates, they will be requested to make a booking fee (45.-€ per person needed) directly through the “Platform”. Payment can also be done using a pre-purchased credit.
4. Once payment is made, the “Platform” will reveal the contact details of the Clubbers. At this point the “Employer” is able to either hire the favorite candidate(s) or ask for an interview with each of them. The communications, interviews, and hiring process will always be between “Employer” and “Clubber”.

In case Clubbers get hired by another employer or are not available for any reason, the “Employer” can request another round of “top matches” until applications for 80% or more come to an end. After payment, the Employer is obliged to contact the Clubbers within 5 days and make interview arrangements in order to increase their chances of ensuring Clubbers’ availability in this fast paced industry. Moreover, if the Employer is not satisfied with the Clubber selection after contacting them, the Employer is obliged to make the next round request within 7 days of receiving the first round of selection, otherwise, the job will be considered closed.

“Service Club” will make every endeavor to match the request for as many Clubbers as possible, nevertheless, if in the end, the Employers chooses not to make the hires from the “Clubber” options offer, the “Employer” is not entitled for a refund. In “Service Club Talent Pool”, no scenario will trigger a refund as this consists on a traditional job advertising system that is using smart algorithms to do better matching that the other means of media. There is no guarantee that the “Employer” will be fully satisfied with the applications.

“Service Club” recommends “Employers” to interview the potential “Clubbers’” prior to the “Engagement” as “Service Club” it is not responsible if the “Clubber” does not meet the “Employers’ expectations.

“Employers” are able to book four different kind of “Clubbers” for work or work interviews. Depending on their experience, the “Clubber” will be classified in one of the following levels:

1. Starter (No experience until 1 year experience).
2. Essential (Between 2 to 4 years’ experience).
3. Master (Between 5 to 10 years’ experience). 
4. Elite (More than 10 years’ experience).

Furthermore, the “Employer” may be classified according to their positive and negative behavior, which will be detailed later, carried out as a member of the “Platform“. However, “Service Club” reserves the right to classify an “Employer” in accordance with the list of positive and negative behaviors, which are detailed below:

Classification of behaviors

1. Positive behavior will be considered as:
   1. Booking a “Clubber”.
   2. Sharing eligible content to be published inside platform newsfeed.
   3. Sharing “Service Club” on external social networks.
   4. Inviting other businesses.
2. Negative behavior will be considered as:
   1. The refusal of a “Clubber” without valid reason.
   2. Three consecutive cancellations (prior-notice is not taken into account).
   3. Erroneous information about the job or its conditions.

5. USER CONTENT

Any content, data or information that you submit, upload, display or share through the “Platform” (“Your Content“) will be your exclusive property. “Service Club” will not be responsible for any of your content shared with other Users of the “Platform” nor of copies thereof made and/or stored by said other users.

By accepting these “General Conditions“, you automatically grant “Service Club” a nonexclusive, irrevocable, worldwide, permanent, unlimited, assignable right, with permission to copy, reproduce, translate, adapt, store, publish, display, issue copies or communicate and/or use, process or analyze “Your Content“, in any way that is known now or discovered in the future, and prepare works derived from, or incorporate them into other works, without the need for any other type of consent, notification and/or compensation for you.

You hereby accept and irrevocably authorize that “Service Club” has the right to use and retain for its own purposes, any information provided by you in relation to the “Platform“, and/or transmit said information to any other associated company or interested third party.

By reading the present “General Conditions” you declare that you understand that you provide us with “Your Content” at your own risk of loss. By providing us with the “Content“, you declare and guarantee that you have the necessary rights and/or permission to provide it, that it is not confidential and does not violate any law, contractual constraints or rights of third parties (including intellectual property rights).

“Service Club” has no obligation to review communications or information in advance and is not responsible for the selection or monitoring of your “Content” published on the “Platform“. However, “Service Club” may review, edit and/or remove any of your “Content” that, at its sole discretion, violates these “General Conditions“, violates applicable laws, rules or regulations, is offensive or illegal, or damages the reputation of “Service Club” or its “Platform“, or violates the rights of, or harms or threatens the safety of, users.

6. GEOLOCATION

“Service Club” may collect, use and share data related to the location, including geographic location in real time, from the computer or mobile device of the “Employer“, only if the “Employer” has previously authorized this. This location data can be collected and used by “Service Club” to show the location of the “Employer” regarding the proximity to the “Clubber“. Therefore and by accepting these “General Conditions“, the “Employer” gives their express consent for their geolocation data to be shared with the “Clubbers” in order to ensure the success of the service.

7. OBLIGATIONS AND RESPONSIBILITIES OF THE EMPLOYER

The “Employers” are fully responsible for access and correct use of their profile and any other content of the “Platform“, subject to current legislation, whether national or international of the country in which it is used, as well as the principles of good faith, ethics, customs and public order. Specifically, the user agrees to respect these “General Conditions“.

The “Employers” must refrain from using their profile and any other content of the “Platform” for illicit purposes or for purposes that damage the rights and interests of third parties, or that may cause damage, disable, deteriorate or have a detrimental effect on the “Platform“, its content and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of the “Platform” by other “Employers”.

“Service Club” disclaims editorial responsibility and expressly declares that it does not identify with any of the opinions published by the “Employers” in the “Platform“, with the “Employers” being exclusively responsible for the consequences that may arise from said publication. In any case, and to protect the reputation of the “Corporation“, it is strictly prohibited for the “Employers” to publish derogatory or defamatory statements about the “Corporation“, the “Platform“, the Corporation’s personnel, the Administration, the “Clubbers“, other “Employers“, suppliers and distributors, and other affiliates and/or interested parties. Such publications may lead to the closure of the account or even the filing of some legal action.

“Employers” should avoid communications on social networks that may be misinterpreted in ways that could damage the reputation of the “Platform” and/or the “Corporation“, either directly or indirectly. In this sense, the “Employer” will promote at all times the best interests and reputation of “Service Club” to all third parties. The “Employer” will not perform any action that, in the opinion of “Service Club“, may harm the reputation and interests of the latter. This includes, but is not limited to, speaking badly of “Service Club” to a “Clubber” or a third party, in any medium, either through social networks, online, through correspondence or verbally.

Those “Employers” that do not comply with these obligations shall be liable for any claims for damages. Under no circumstances will “Service Club” be responsible for any damage or injury that is due to illegal access or use by third parties. When there is damage caused by the declarations, actions or omissions of an “Employer” that entails the loss of income of “Service Club“, the “Employer” undertakes to compensate “Service Club” in full.

The “Employer” accepts and agrees, by way of example, but not limited to, to the following:

• To be liable from “Clubber’s” health and safety in the workplace during the “Engagement”.
• To give positive or negative feedback for “Clubbers” regarding the “Engagement”.
• To not to alter or modify, totally or partially, the “Platform“, canceling, deactivating or manipulating any function or service in it.
• To not infringe any right of industrial and intellectual property or the rules of protection of personal data.
• To not use the “Platform” to slander, defame, intimidate or harass other users, or damage their image. Do not access the email accounts of other “Employers” or “Clubbers“.
• Not to load computer viruses, damaged files or any other program that may cause damage or alterations in “Service Club” or in the content and systems of third parties.
• To not send mass emails to a large number of people or pass email addresses to third parties without prior consent.
• To not advertise products or services without the prior consent of “Service Club“.
• Not to use “Service Club” platform for their commercial gain, to create and market their own business, or any other business.
• Their details inside the platform to be shared with BCM TRABAJO TEMPORAL ETT, S.L., and their relevant associates if they subscribe for “On-demand Extra Service”. 
• Comply with the current regulation on labor law, social security, risk prevention, working day registration. 
• Ensure that the working environment at any of its premises in or at which a “Clubber”  is engaged shall comply with all applicable health and safety laws and regulations and shall ensure that any Requirement mentions any special health and safety matters which the “Clubber” should be aware of. The “Employer” will ensure that the “Clubber” has access to the same collective facilities and amenities that the “Employer’s” other staff have access to.

The “Employer“, in case of having proof of non-compliance with the provisions of the “General Conditions“, must inform “Service Club“. All “Employers” must also inform “Service Club” of any abuse or violation of these conditions by email through the “Contact Form”. “Service Club” will review said notification as soon as possible and will adopt the measures it deems appropriate, reserving the right to withdraw and/or suspend any User from the “Platform” for the breach thereof. “Service Club” also reserves the right to remove and/or suspend any message with illegal or offensive content, without the need to give a prior warning or subsequent notification.

8. COMPLAINTS POLICY

All complaints regarding “Service Club” must be sent to hello@serviceclub.com.

We will acknowledge your complaint on the same day and aim to resolve within 48 hours.

Certain complaints may require detailed investigation; in those cases, we will give you an update in 48 hours and will set, where possible a new deadline to respond.

9. REALIZATION OF “ENGAGEMENT”

By accepting an “Engagement“, the “Employers” confirms that they will:

1. Act according to the contents of the Staff Handbook and confirm that they have read and accepted it. If there is contradicting information with the Staff Handbook and these “General Conditions”, the latter override those terms in the Staff Handbook.
2. Carry out the duties and responsibilities that are required of the “Engagement“.
3. Not designate any other workplaces, even though is part of the same Employer’s Company to perform the service.
4. Cooperate with the “Clubber” providing the necessary work tools to facilitate as much as possible “Clubbers’” performance.
5. Give all the information that “Clubber” needs to know to complete the “Engagement”. 
6. Act by taking the measures required to safeguard “Clubbers’” health and safety and that of all those who are present, as well as those who are not present, and may be affected during the implementation of the “Engagement“.
7. Pay “Clubbers’” fee stated on the job offer in the “Platform” following the terms herein. Likewise, “Employers” cannot change the conditions agreed on booking process prior to the payment of the “Service Club” fees. In the case that the conditions have been changed by the “Employer” and the “Clubber” does not accept them, “Service Club” will consider the booking as cancelled and it will charge the cancellation fee to the “Employer”.
8. If, before the course of an “Engagement“, the “Employer” realizes that, for any reason they may no longer need the “Clubber”, “Employer” must notify the “Clubber” by telephone and cancel directly with the latter.

10. FEES

The fees paid by “Clubber” and “Employer” to “Service Club” are not considered as salary. Apart from the payment of “Service Club” fees, the “Employer” is obliged to pay the respective salary to the “Clubber” stipulated on the job offer posted on the “Platform”. For On-demand Extra bookings, the “Employer” is liable to pay a booking fee (per person) to “Service Club” prior to the booking to secure the Clubbers’ attendance and also to pay a final invoice at the end of the booking that covers staff salaries, staff social security and staff insurance and management commissions. The “Employer” will be provided the fees breakdown prior to booking as well as after the booking on the final invoice. Final invoice amount may change if the “Employer” has changed the specifications of the job with agreement of all parties involved.

For On-demand Extra bookings, a minimum of 4 hours booking time / fee applies.

“Service Club” fees are non-refundable except for one condition that is applicable to Service Club Extras; the condition in which the “Clubber” booked does not attend the booking and that “Service Club” could not find a replacement on time

“Service Club” fees for “Employers” are the following ones:

• Lite Membership: 90.-€/month. Includes:
  • 3 Hiring Credits* for:
    Service Club Extras (covers initial booking fee only)
    Service Club Talent Pool
  • Star-rated applicants by previous employers
  • Ability to state Microlearning preferred
  • Listing possibility in Service Club Guide**

• Smart Membership: 99.-€/month. Includes:
  • 4 Hiring Credits* for:
    Service Club Extras (covers initial booking fee only)
    Service Club Talent Pool
  • Star-rated applicants by previous employers
  • Ability to state Microlearning preferred
  • 1 Group Staff Training /year
  • Listing possibility in Service Club Guide**

• Liberty Membership: 199.-€/month. Includes:
  • 8 Hiring Credits* for:
    Service Club Extras (covers initial booking fee only)
    Service Club Talent Pool
  • Star-rated applicants by previous employers
  • Ability to state Microlearning preferred
  • 2 Group Staff Training /year
  • Guaranteed listing in Service Club Guide**

• MiniFlex Membership: 390.-€. Includes:
  • 12 Hiring Credits* for:
    Service Club Extras (covers initial booking fee only)
    Service Club Talent Pool
  • Used anytime within 12 months
  • Ability to top up if you need more credits

• Enterprise Membership: 399.-€/month. Includes:
  • 20 Hiring Credits* for:
    Service Club Extras (covers initial booking fee only)
    Service Club Talent Pool
  • Star-rated applicants by previous employers
  • Ability to state Microlearning preferred
  • 3 Group Staff Training /year
  • Guaranteed listing in Service Club Guide**

• Single Use: 45.-€/per person hired. Includes:
  • 1 Hiring Credit* for:
    Service Club Extras (covers initial booking fee only)
    Service Club Talent Pool

* One credit is used per staff hired. For On-demand extras €45 (1 credit) covers the booking fee and you will receive a final invoice after the completion of job, reflecting the hours of work, staff payment, insurance, social security and other expenses. For the On-demand service provision, your profile will go through credit check during the employer account creation process or after your first Extra job posting. If the credit agency we use does not find your credit scoring satisfactory, we may ask total fees in advance to book extra staff for you. With “Service Club Talent Pool” service, you are responsible from their payroll as their employer.

** Selection process may apply.

Prices are not inclusive of VAT.

• Headhunt 4 Me: 10% annual salary offered to the Clubber
  • 1 Headhunting Service for finding a:
    • General Manager.
    • Catering Manager.
    • Director of Sales.
    • Sales and Marketing Manager.
    • Guest Relations Manager.
    • Human Resources Manager.
    • Finance Manager.
    • Assistant Manager.
    • Any other managerial staff.
    • Or any other junior or senior front of house or back
      of house staff

Headhunting Package includes:

• Advertising in a number of hospitality portals
• Direct headhunting from similar establishments, via thorough research
• Initial interviewing & scheduling Employer interviews
• Post interview feedback
• Contractual assistance including salary negotiation
• 14 days rebate period for 100% refund, 30 days rebate period for 50%. Or free replacement of staff during the 30 day rebate period
• 50% down payment prior to the start of work, rest of the payment applicable on the day of contract signing

We are aware that our Employers maybe using various different recruitment channels simultaneously in order to fill their open positions. If Service Club sends the profile of a Clubber with sufficient details to reveal their identity (Photo, Education, Experience, Spoken, Nationality, Gender, DOB etc…) prior to the same applicant applying to the Employer through other channels or directly using his/her initiative and if the Clubber is hired in the end, the
Employer is still liable to pay Service Club the service fee in full.

The costs of the different services may be change with a prior written notice of thirty days. In case the “Employer” subscribes a 12 month membership, the costs will not change until the termination of the period.

Without prejudice to any other rights under this “General Conditions”, “Service Club” may temporarily suspend or permanently revoke the “Employer’s” access to the “Platform” if considers that the “Employer” has breached any of its obligations under this “General Conditions”, provided false or misleading information or that the “Employer’s” continued use of the “Platform” may be detrimental to the interests of “Service Club”, including if “Service Club” considers that continued use by the “Employer” of the “Platform” is likely to cause Losses and or other legal liability to the “Clubber”, “Service Club”, or any other user of the “Platform”.

The temporary layoff on the “Platform” due to maintenance or technical issues will not generate the right for the “Employer” to have the fee returned. 

11. THIRD PARTY WEBSITES

The “Platform” may include hyperlinks to third party websites, which websites are outside the control of “Service Club”. If you click on one of these links you will leave the “Platform” and will be accessing a third party site. “Service Club” does not verify, monitor or endorse these third party websites or the products/services that are available or advertised or sold through these third party websites and does not accept any responsibility or liability for the authenticity, reliability, accuracy of the information therein or any loss or damage that you may incur by your visit and/or transactions/activities on these third party site(s). You agree that you access any such third party sites at your own risk and shall solely bear all consequences associated with your access to, and use of, such third party websites. Such third party sites may have separate terms and conditions and privacy policies and which are independent of “Service Club” and therefore, please read such third party terms before you access any such third party site.

12. INTELLECTUAL AND INDUSTRIAL PROPERTY

“Service Club” is the owner and holder of the license that includes all the intellectual and industrial property rights included in the “Platform“, as well as the content that can be accessed including the content of the Microlearning modules. Service Club may occasionally create bespoke microlearning modules for individual Employers. All Intellectual Property rights of these extra bespoke modules remain the property of Service Club despite any contribution from the Employer. The intellectual or industrial property rights of the “Platform“, as well as all text, images, graphic design, browser structure, information and content pertaining to “Service Club“, which will be the holder of the exclusive right to exploit these rights in any way, especially the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish Law of Intellectual and Industrial Property.

The authorization granted in favor of the User to access the “Platform” does not imply the total or partial exemption, transfer, license or assignment of intellectual and industrial property rights by “Service Club“. The content of “Service Club” and its “Platform” cannot be deleted, omitted or manipulated in any way. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make additional and subsequent publications, upload files, send by email, transfer, use, treat or distribute in whole or in part all the content included in both “Service Club” as well as in its “Platform” for public or commercial purposes without the express written authorization of “Service Club” and, if applicable, without the express written authorization of the owner of the corresponding rights.

The “Employer” who shares any type of content or information through the “Platform” declares that they have the necessary rights to do so, with express waiver of “Service Club” with respect to any liability in relation to the content or legality of the information received. The availability of content by the “Employer” through the “Platform” implies the transfer of the right of exploitation of the intellectual and industrial property derived from said contents to “Service Club“, free of charge and to the extent permitted by law.

13. UPDATING AND MODIFICATION OF THE PLATFORM

“Service Club” reserves the right to modify these “General Conditions“, the Privacy Policy and the Cookies Policy at any time and without prior notice, so the “Employer” must undertake to review them periodically. The “Employer” must carefully read these “General Conditions” before accessing the “Platform“. In any case, the acceptance of them is an essential first step to access the services and content available in the “Platform“.

“Service Club” also reserves the right, at any time and without prior notice, to update, modify or delete the information contained in its “Platform” in relation to its configuration, presentation and access conditions, without assuming any responsibility for the result. “Service Club” cannot guarantee the absence of interruptions or errors in the access to the “Platform” and its content, nor the fact that it has to be updated regularly. However, “Service Club” will do everything necessary to correct the errors, reestablish communication and update the content, unless there are reasons that make it impossible or difficult to repair, as soon as the error notification is received of the disconnection or of the need to update the content.

It is hereby agreed between the Parties that the “Employer” will not be entitled to receive any amount from “Service Club” as compensation for losses suffered as a result of the termination of this agreement, regardless of the circumstances that motivate it.

14. DISCLAIMER OF WARRANTIES

You agree and acknowledge that the “Platform” and all information and services are provided on an “as is” and “as available” basis without any express warranties or representations.

“Service Club” is not responsible and makes no representations or warranties that the “Platform” and its services meet your expectations, nor that it functions without interruption or error in functioning. “Service Club” disclaims all liability for damages caused by and such interruption or error in functioning. Furthermore, “Service Club” disclaims all liability for any malfunctioning, impossibility of access or poor use conditions of the “Platform” due to inappropriate equipment, disturbances related to internet service providers or to the saturation of the internet network, and for any other reason.

 “Service Club” makes no warranty that the “Platform” or any server through which you access the “Platform” is free of viruses or other harmful components. Any content or material downloaded or obtained through the use of the “Platform” is at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such content or material.

 “Service Club” makes no representations or warranties that there will be any minimum number of users with resumes or companies with job offers on the “Platform”, and that the information disclosed by the users with resumes or companies with job offers is accurate, up-to-date and reliable.

 “Service Club” makes no representations or warranties that any resume, job posting, news document, advertisement or other content or communication will be viewed by a minimum or defined number of users or by any specific user, and that your requirements or expectations on the quantity or quality of job applicants will be met.

15. TERM AND EXPIRY

The “General Conditions” will be binding from the moment you register and create a User Account and will remain in force until the expiration of your User Account.

You can cancel the use of the “Platform” and the application of this Agreement for any reason or no reason whatsoever at any time, with a written notice to “Service Club” using as subject “Please cancel my user account“. Your decision will take effect when “Service Club” receives your written notification. Alternatively, you can delete or deactivate your account inside the platform by logging into your account and going to Edit Profile.

Likewise, “Service Club” may terminate your activity on the “Platform“, as per this Agreement for any reason or no reason whatsoever, which includes, among others, a violation of the “General Conditions“. Moreover, the “Employer” shall not be entitled to receive any payment from “Service Club” by a way of compensation for loss on termination of the agreement.

“Service Club” may terminate the agreement by giving the “Employer” a prior written notice of two weeks.

“Employers” that are subscribed on the “Platform” may terminate the agreement at the end of the subscription time. In the event that the “Employer” deletes or deactivates their account before the end of the subscription period, they are still liable to pay the monthly subscription fees until the end of the period. If the “Employer” does not cancel the subscription at the end of the subscription period, their subscription will automatically roll out to the next 12 month contract.

After the cancellation of your User Account, your right and license to access and/or use the “Platform” ceases immediately. Your login ID and password will be deactivated and you will no longer be able to access or use the “Platform“. In addition, your personal information will be treated in accordance with our Privacy Policy.

16. SERVICE CLUB LIABILITY

“Service Club” acts as a broker between “Clubbers” and “Employers”. It performance consists basically in a marketspace platform that match up different hospitality professionals in accordance with their requirements. 

According to the aforementioned, “Service Club” is not responsible in any case from the following matters:

• From any dispute between “Employer” and “Clubber”.
• From “Clubbers” behavior. 
• From false information updated on the “Platform” by “Clubbers” or “Employers”.
• From the accuracy of the information and the authenticity of the documentation loaded on the “Clubber’s” or “Employer’s” profile. 
• From “Clubbers’” knowledge and skills. “Service Club” training just operates as a reference and it is not responsible from “Clubber’s” implementation once in the “Engagement”. 
• From “Clubbers’” insurance. 
• From Staff’s duty to have any mandatory training, such as “Food Handler Certificate”. 
• From “Clubbers’” payments, taxes and other expenses made by the “Employers”. 
• From “Employer’s” lack of payment or any breach of employment rights. 
• From any “Clubber’s” accident on the way to the “Engagement” and during its performance.
• From any agreement between “Employer” and “Clubber”.
• From any other circumstances expressly stated in any of the clauses of these “General Conditions”. 
• Non-compliance with current regulations. 

17. CONFIDENTIALITY

In order to preserve the confidentiality and trade secrets of any “Employer” and “Service Club” and without prejudice to any other duty, you agree that, during and after any “Engagement“, you will not disclose (except in performance of your services during “Engagement“) or use for your own benefit or that of third parties, any “Confidential Information“. You also agree that, at any time, you will not make any copy, extract or summary, either in whole or in part, of any document or information belonging to the “Employer” or “Service Club“, except when it is necessary to do so in the course of an “Engagement“, in which case said copy, extract or summary would be the property of the “Employer” or of “Service Club“.

The “Clubber” must agree to deliver to the “Employer” the material provided by him or to “Service Club“, at the end of each “Engagement“, the documents, identification cards, equipment, passwords, access codes and any other material relating to it (with copies included) and that are in your possession.

“Employer” must also keep confidential information about the presence and behavior of those people you will be attending at the time of the “Engagement“.

This Clause does not apply to information that is in the public domain, or information not being considered as public domain but is known due to breach of this clause or due to the breach of any other obligation of confidentiality, or information whose transmission or disclosure has been ordered by competent courts or tribunals.

18. SEVERABILITY

If any term included in these “General Conditions” is considered null or voidable, it will be rendered null and void. Such a declaration of invalidity shall not entail the invalidity of the rest of the Contract, with the same being applicable and binding on the parties.

In the event of conflict between these “General Conditions” and the “Privacy Policy”, the following order of precedence shall apply: (i) the “General Conditions”; (ii) these “Privacy Policy”.

19. APPLICABLE LAW

The relationship between “Service Club” and “Employer” will be governed and construed in accordance with these “General Conditions” as well as in accordance with Spanish law. Any dispute arising in relation to these “General Conditions” will be resolved subject to the jurisdiction of the Judges and Tribunals of the city of Barcelona.