JOBCLOUD Ltd | GENERAL TERMS AND CONDITIONS (GTC)
The following General Terms and Conditions (GTC) shall apply to all products and services offered by JobCloud Ltd. By using our services, you accept the following Terms and Conditions unaltered and in full:
- SCOPE OF APPLICATION
1.1 Subject Matter of the Agreement
The subject matter of these GTC is the legal relationship between JobCloud Ltd on the one hand and jobseekers, companies seeking to fill vacancies and ecruitment agencies using its platforms and partner platforms on the other hand (hereinafter the “User”) with regard to all the products and services offered by JobCloud Ltd. These GTC shall apply with regard to each and every use of the products and services offered by JobCloud Ltd (in particular the publishing of job ads, putting profiles online, retrieval of job ads and profiles as well as applications for job ads).
1.2 Conclusion of Contract
Consent to these GTC shall be given by signing a written cooperation agreement or a written offer, by explicit or implied acceptance of an order confirmation, by payment of an invoice or by use of the products and services offered by JobCloud Ltd. When using the websites of JobCloud Ltd, the User may be requested to repeat his consent to these GTC by means of activating a corresponding input field.
1.3 Integral Parts of the Contract
- SERVICES OF JOBCLOUD Ltd
2.1 Service Offer
The User selects the services to be performed by JobCloud Ltd among the services on offer at the time of his use. The current service offer is described on the respective websites of JobCloud Ltd.
2.2 Ad Account and Ad Quota
For companies seeking to fill vacancies and recruitment agencies, JobCloud Ltd in particular offers the services “Ad Account” and “Ad Quota”. For the scope of services, the product descriptions published on the websites of JobCloud Ltd at the time of use of the service shall apply.
a) Ad Account
In the case of an Ad Account, the User has, during the fixed contract term, an agreed number of ad spaces available to it for his own use. The User is entitled, when removing an ad, to directly publish a new job ad in the same ad space. To the extent that a limit on rotations is stipulated in the respective product description or in another integral part of the contract, the job ad published in a specific ad space may not be replaced with another with a greater monthly average frequency than that stipulated in the product description. A rotation limit of 6 (or 10) days means, e.g., that on a monthly average basis, a job ad cannot be replaced with another more frequently than every 6 (or 10) days, so that a job ad cannot be replaced by another more than 5 (or 3) times in the course of a complete calendar month. The User undertakes to comply with the applicable rotation limit. JobCloud Ltd reserves the right to implement suitable technical measures to enforce any rotation limit in force.
b) Ad Quota
In the case of an Ad Quota, the User purchases a quantity of job ads for his own use and publishes these when needed on the websites of JobCloud Ltd. Each job ad shall be published for a maximum of one month on the platforms of JobCloud Ltd. The duration of the quota as stipulated in the respective product description or in another integral part of the contract shall apply. Unused job ads shall expire and shall not be reimbursed.
- USE OF THE SERVICE OFFER
3.1 Publication of Ads and Profiles
By drafting a job ad, the company seeking to fill a vacancy or the recruitment agency grants its approval for the publication of the respective job ad on the platforms of JobCloud Ltd and its partners, as well as other publication channels used by JobCloud Ltd. In particular, the job ads may be shared on social networks by their respective users. By inputting their data, jobseekers declare their consent to have their respective profiles made available on the platforms of JobCloud Ltd as well as the partner platforms selected by the User for companies seeking to fill vacancies and recruitment agencies. The non-publication or the defective publication of a job ad or a profile or the placement thereof somewhere other than agreed does not give rise to any claims against JobCloud Ltd. The User is, however, authorized, to request that the notice or profile in question be published or be published correctly.
3.2 Allowable Uses
Inadmissible is in particular the following content:
- Immoral or offensive job offers or profiles;
- Multiple job offers or profiles summarized under one publication;
- Job offers with erroneous or lacking job titles or descriptions;
- Job offers for multi-level marketing, pyramid schemes, home-based work, gift circles etc.;
- Job offers with erotic contents or for escort services;
- Mystery shopping offers;
- Offers for continuing education;
- Job offers referring to offers for other positions, to communication or other products;
- Job offers with insufficient identity/address information, merely postal addresses (the exception is a numbered listing (anonymous) via JobCloud Ltd).
Any published job offer must correspond to an actual vacant position. The user undertakes to reactivate a job offer only in case of a new vacancy.
JobCloud Ltd reserves the right to remove from its services any notices or profiles that do not comply in full with these requirements, without prior notice or justification. In addition, JobCloud Ltd reserves the right to block the User or its access to additional services by JobCloud Ltd.
Users warrant that they will only use the platforms of JobCloud Ltd and its partner platforms in full compliance with all applicable statutory requirements. Recruitment agencies and employment services firms warrant in particular, that they are in possession of a valid recruitment or hiring of services permit and undertake to provide JobCloud Ltd with a copy thereof on first request.
3.4 Use of the Employer Rating Platform
The use of the Employer Rating Platform on the website of JobCloud Ltd is governed by the following terms and conditions which must be respected by the Users:
- Only employers for which the User works now or has worked previously or to which the User has applied for a job and has been invited to an interview may be rated;
- All information about the employer and the workplace must be complete and accurate;
- No false or subjective ratings, statements or information may be provided regarding employers, their employees or other circumstances affecting the employers;
- Users must refrain from identifying any natural persons by name;
- The User may not link the information provided by him to any external content;
The User expressly agrees that his employer ratings may be edited or abbreviated by JobCloud Ltd and moved to other sections or subject areas within the website of JobCloud Ltd. Furthermore, the User acknowledges that JobCloud Ltd may reject or delete his employer rating at any time without giving reasons for this. Moreover, the User expressly agrees that JobCloud Ltd may utilise his employer rating worldwide, even in connection with third-party services.
3.5 Use of the Apply-with Function (“apply with jobs.ch / jobup.ch”)
The following terms and conditions shall apply when making use of the apply-with function on the JobCloud Ltd website:
- Jobseekers shall use the apply-with function to send their CVs and application data to JobCloud Ltd and thereby request and authorize JobCloud Ltd to provide said data to employers in relation to selected job ads.
- In sending CVs and application data to companies seeking to fill vacancies and recruitment agencies, JobCloud Ltd provides no warranty that these will be received, read or answered.
- Jobseekers shall be solely responsible for the content and format of their CVs and application data.
- Companies seeking to fill vacancies and recruitment agencies undertake to JobCloud Ltd and jobseekers to treat the CVs and application data received as confidential, to use them only for the purposes of filling the vacancy or for recruitment, and to protect them from unauthorized access by third parties.
- JobCloud Ltd shall be authorized to analyze the CVs and application data pursuant to these Terms and Conditions and the data protection provisions so that it can send the relevant jobseekers other useful job offers.
- JobCloud Ltd shall, at no charge, provide companies seeking to fill vacancies with specific information (Java Script Library, etc.) for the technical integration of the apply-with function in their own applicant tracking system (ATS). Integration by the company seeking to fill a vacancy shall be done in this case at its own risk. JobCloud Ltd assumes no warranty in this respect nor shall it be responsible for any costs incurred. All rights to the information and the apply-with function remain reserved.
- CONTRACT TERM AND RETENTION OF DATA
There is no early termination of an agreement concluded for a fixed term or a minimum term. In particular, where job ads, profiles or data are deleted early, payment is still owed in full and the User has no right to demand reimbursement of payments already made. The same applies in the event where JobCloud Ltd must delete notices or profiles or block users on the basis of the present GTC or other integral parts of the contract.
JobCloud Ltd is not obligated, following cessation of the Agreement, to retain any data or documents submitted to it, or to return these to the User, unless this has been explicitly agreed.
- PAYMENT TERMS
The payment obligations of the User shall commence upon conclusion of contract. Invoices from job.ch Ltd are payable within 30 days of receipt of the invoice, without deductions, provided other payment terms have not been explicitly agreed. In the event of any delays in payment, default interest at the rate of 5% shall be owed and following the second warning, fees shall be invoiced to defray the costs of default. Where the User is in default in regard to payment of invoices, JobCloud Ltd shall in addition be entitled to suspend its services without prior notice and to block the User or his access to further services of JobCloud Ltd. Where payment in installments has been agreed and the User is in default with payment of an installment this shall also render the remaining outstanding installments payable.
- OFFERS OF THIRD PARTIES
JobCloud Ltd also publishes offers of third parties and/or links to offers or websites of third parties on its platforms. JobCloud Ltd is not responsible for these third-party offers as well as for the contents of such third-party websites and excludes any and all liability in connection with such offers or third-party websites.
7.1 Liability of JobCloud Ltd
JobCloud Ltd performs its services professionally and diligently. JobCloud Ltd is not, however, in a position to guarantee that its services are available without interruption or free of errors. JobCloud Ltd shall in particular not be liable for any interruptions of service and/or technical difficulties and the effects thereof. The job ads and profiles accessible on the platforms of JobCloud Ltd originate from the respective Users and JobCloud Ltd assumes no responsibility for the accuracy or completeness of this information. JobCloud Ltd endeavors to prevent any unauthorized use by third parties of the data published on its platforms. All liability of JobCloud Ltd in the case of unauthorized use by third parties is, however, explicitly excluded. JobCloud Ltd assumes no responsibility for the success of a given job ad or profile. In any event, all liability on the part of JobCloud Ltd is limited to illegal intent or gross negligence. Any liability for indirect damages or consequential damages is excluded.
7.2 Liability of Users
The User is responsible for the legality, accuracy and completeness of the content made available or entered for publication on the platforms of JobCloud Ltd and its partner platforms. The User is responsible for the careful and confidential safekeeping of his user information (in particular user name and passwords) and for all activities carried out through his or her account. The User is liable vis-à-vis JobCloud Ltd irrespective of any fault, for all damages and costs incurred as a result of breaches of these GTC or other integral parts of the contract and shall indemnify JobCloud Ltd for any and all claims asserted by third parties against JobCloud Ltd as a result of the User’s use of the platforms of JobCloud Ltd and its partner platforms. Such damages for which compensation shall be owed include reasonable legal fees. JobCloud Ltd will immediately inform the User about any claims asserted by third parties.
- REMAINING PROVISIONS
8.1 Place of Performance
The place of performance for all services to be performed by JobCloud Ltd is the business domicile of JobCloud Ltd.
8.2 Amendments to the Contract Terms
JobCloud Ltd reserves the right to amend these GTC at any time. Between the User and JobCloud Ltd, the version of these GTC currently published on the websites of JobCloud Ltd shall apply. JobCloud Ltd will inform the User in advance and on its websites or by other such suitable means, as to any amendments to these GTC.
8.3 Changes to the Service Offer
JobCloud Ltd reserves the right to change or terminate, in part or in full, its service offer at any time, without prior warning or giving reasons for doing so. Such changes or suspension of the service offer shall not entitle the User to assert any claims against JobCloud Ltd. JobCloud Ltd will endeavor, in the event of any changes to or suspension of the service offer, to make available to the User a service offer of comparable value.
8.4 Applicable Law and Place of Jurisdiction
These GTC and the other contract components, as well as any disputes which arise from or in connection with the contract relationship between JobCloud Ltd and the User, shall be exclusively governed by the substantive laws of Switzerland. The ordinary courts at the place of registered office of JobCloud Ltd shall have exclusive jurisdiction, whereby JobCloud Ltd shall also be entitled to seek redress against the User at the latter’s place of domicile.
Zurich, November 2017