GENERAL TERMS AND CONDITIONS FOR EMPLOYERS AND RECRUITERS
1. SCOPE OF APPLICATION
JobCloud AG, Albisriederstrasse 253, 8047 (hereinafter “JobCloud”) offers various solutions for job searching and career planning. These General Terms and Conditions (hereinafter “GTC”) apply to all products and services offered to employers, recruitment agencies and other business customers of JobCloud (hereinafter also referred to as “Advertisers” or “you”). Thank you for choosing us.
These GTC apply regardless of whether Advertisers use the JobCloud products and services via a website (e.g. jobs.ch, jobup.ch, jobscout24.ch, jobcloud.ch, jobcloud.ai, applifly.ch, hereinafter referred to as “Platforms”), mobile applications (hereinafter “Apps”), telephone or otherwise.
These GTC do not apply to jobseekers. For this group our terms of use for jobseekers apply.
2. USING OUR PRODUCTS AND SERVICES
2.1 REGISTRATION OF A JOBCLOUD-ACCOUNT
In order to be able to use our products and services, you must open an account on one of our Platforms (hereinafter the “JobCloud Account”). For this we require business details (esp. business name, address and where appropriate invoicing address, telephone number, branch, number of employees) and details of a contact person (esp. name, email address and telephone number). On confirmation of registration, first product purchase or first use of a service we will create an account using your details. On finishing registration, we will send you a confirmatory email with your customer number, user name and password.
We shall be pleased to open an account for you if you ask us to do so by telephone using one of the telephone numbers given on our Platforms.
2.2 CHARGEABLE PRODUCTS AND SERVICES
The Advertiser selects the products and services offered by JobCloud from the range of services on offer at the time of use. The current range of services and applicable prices result from the product-specific business terms (where applicable) or the JobCloud Platforms.
2.3 COMPLIMENTARY SERVICES
JobCloud also offers Advertisers the option of using the following services via their respective JobCloud Account free of charge:
- Adverts: Using the JobCloud Account the Advertiser enters, publishes and manages advertisements. In addition, the Advertiser can create and upload templates.
- Applications: The Advertiser can collect applications in its JobCloud Account and manage them using the JobCloud Applicant Tracking System (ATS). It is possible to send messages to applicants and to manage the application process. The Advertiser can create and edit templates to organize communications with the applicants efficiently. If the Advertiser uses the JobCloud ATS, a data processing relationship between the Advertiser and JobCloud comes into existence. These general terms and conditions and the privacy policy of JobCloud apply to this data processing relationship.
- Company Profile: JobCloud has developed a tool that allows Advertisers to visualize their business culture and thus showcase the business optimally to the public. Advertisers have the option of creating a Company Profile and uploading a business video and publishing it on the JobCloud Platforms.
- User: The Advertiser has the option of managing the circle of users granted access to the Advertiser‘s JobCloud Account via its JobCloud Account and to appoint an administrator.
- Logos: In its JobCloud Account the Advertiser can upload and manage business logos and where applicable advertisement logos.
- “Apply With” Function: The Advertiser has the possibility to integrate the so called “Apply with” function into its own job portal. With this function, job applicants can apply for a job with their JobCloud profile directly through the website of the employer. JobCloud provides the Advertiser with specific information (java script library etc.) at no cost for the technical integration of the “Apply with” Function of the employer’s own ATS. Advertisers integrate the “Apply with” function at their own risk and cost. JobCloud does not take over any responsibility for this service and does not bear any costs. All rights to the “Apply with” function remain with JobCloud.
JobCloud reserves the right at any time to add new services and/or products and to change or completely or partially discontinue existing services and/or products.
2.4 PERMITTED USAGE
Adverts must be displayed in the name of and using the layout of the Advertiser and include names and contact details of the contact person. Each and any transmission or transfer of advertising space or publications to third parties without the prior agreement of JobCloud is prohibited. The Advertiser bears sole responsibility for the content of its adverts and profile. The Advertiser shall ensure the accuracy and timeliness of the information contained in the ads.
Only job adverts or profiles that target a certain class of candidates or jobseekers and satisfy all legal requirements may be published on the JobCloud Platforms . Job adverts or profiles may not infringe any intellectual property rights of third parties, personal rights or other rights of third parties. The Advertiser undertakes not to publish on JobCloud any unlawful content, in particular content of a racist or pornographic character or which infringes the rights of a natural person. In particular, the following content is not permitted:
- indecent or offensive job offers or profiles;
- several job vacancies or profiles summarized in one publication;
- job vacancies with false or inadequate job title or advert content;
- job vacancies for multi-level marketing, snowball systems, home-based work, gift circles etc.;
- job vacancies with erotic content or for escort services;
- mystery shopping opportunities;
- advanced training and learning opportunities;
- job vacancies that refer to opportunities for other positions or to communication or other products;
Job vacancies with insufficient identity/address information, merely postal addresses (the exception is a numbered listing (anonymous) via JobCloud).Each published job vacancy must relate to an actual position to be filled. The Advertiser undertakes to display a job vacancy again only when a new position is to be filled. JobCloud reserves the right to remove from its offering adverts or profiles that do not satisfy these requirements in full, without giving advance warning and reasons. Payments already made shall not be reimbursed in this event. In addition, JobCloud reserves the right to block the Advertiser or their access to further JobCloud services and to terminate the underlying contract.
3. ERASURE OF APPLICATION DOSSIERS
The Advertiser is obliged to erase all application dossiers received from JobCloud promptly upon conclusion of the application process. If the Applicant would like to save an application dossier for a longer period, e.g. for future job offerings, he/she has to obtain the relevant job applicant’s consent.
4. PAYMENT TERMS
The Advertiser‘s obligation to pay for chargeable services and products begins with the conclusion of the contract for the use of the product or service (e.g. purchase of an advert package). JobCloud invoices must be paid within 30 days after receipt of the invoice without deductions, save where alternative payment terms have been expressly agreed. In the event of default of payment interest on arrears at 5% will be invoiced and in addition from the second reminder a cost-covering reminder fee . If the Advertiser defaults payment of invoices JobCloud may also suspend the services without advance notice and block the Advertisers or their access to further JobCloud services. If staggered payment has been agreed and if the Advertiser defaults in payment of an instalment all remaining instalments shall fall due immediately.
5. USE OF DATA BY JOBCLOUD AND DATA PROTECTION
The protection of personal data is important to JobCloud. Therefore, JobCloud handles the personal data of Advertisers at all times with the greatest care and in accordance with the applicable data protection regulations. You can find further information concerning the use of personal data in JobCloud‘s privacy policy on the Platforms or the Apps.
The Advertisers grant JobCloud the unlimited right to use and dispose of the data passed to JobCloud in anonymized form.
6. COMPANY / EMPLOYER REVIEWS
Jobseekers have the option of reviewing Advertisers in their role as employers on the employer review Platform. When doing so the following rules must be complied with:
- Only those employers may be reviewed for whom the jobseeker works or has worked or to whom he/she has applied and been invited for interview.
- All details of employer and place of work must be complete and correct; no untrue allegations of fact concerning employers, their employees or other circumstances concerning the respective employer may be made.
- Any identification of natural persons or details that enable a natural person to be identified (with the exception of oneself) must be omitted.
- The jobseeker may not link the details supplied by him/her to external content.
If an employer review exceeds the scope of permissible free expression (e.g. in the case of abusive criticism), JobCloud shall erase this employer review without delay or edit the employer review by amendment or deletion of the unlawful content or require the jobseeker to make appropriate amendments to the employer review. The Advertiser may comment on reviews at any time. Subject to legal claims the advertiser shall have no right to the erasure or amendment of employer reviews by JobCloud.
7. INTELLECTUAL PROPERTY
All proprietary and intellectual property rights in the websites, Platforms and Apps of JobCloud, in particular copyrights and rights in trademarks, designs and know-how remain in the ownership of JobCloud.
JobCloud grants the Advertisers a non-exclusive, non-transferable right to use the Platform, Apps andproducts and services offered by JobCloud in accordance with these GTC.
8. NO GUARANTEES
JobCloud gives no guarantees in relation to its Platforms, Apps or other products and services offered by JobCloud. JobCloud does in particular not guarantee
– the timeliness, accuracy, completeness or suitability of content for a specific purpose;
– that the published job vacancies will be read or answered or lead to a successful job placement; and
– the uninterrupted or disruption-free availability of its services.
JobCloud carries out regular backups. Notwithstanding this data losses cannot be completely excluded.
9. LIABILITY
JobCloud shall be liable only for damage caused intentionally or through gross negligence.
10. DURATION OF CONTRACT AND TERMINATION
With the execution of a collaboration agreement, with the registration of a JobCloud Account, or with the first use of a service offered by JobCloud by the Advertiser (whichever is earlier), a contract between JobCloud and the Advertiser comes into existence. This contract remains in force for an undefined term.
The Advertiser may terminate the contract with JobCloud at any time by letter to JobCloud AG, Carmenstrasse 28, 8032 Zurich or by email to info@jobcloud.ch and require JobCloud to delete the relevant JobCloud Account. In this event and without delay JobCloud shall delete the JobCloud Account and all data of the Advertiser to the extent that data is not needed to close the contractual relationship, to make or enforce claims and JobCloud does not have a legal obligation to retain the data. You may find further details on erasure in our privacy policy.
JobCloud may also terminate the contract with the Advertisers at any time without providing reasons by letter or email.
If the contract is terminated by the Advertiser or JobCloud during an ongoing chargeable provision of service, the contract shall end with the completed provision of the products or services used by the Advertiser via JobCloud and payment in full of the fee by the Advertiser to JobCloud. Notwithstanding this provision the Advertiser may require the early deletion of job vacancies, profiles or data; however, in this event the Advertiser must pay the full fee and shall have no right to reimbursement of fees already paid. The same shall apply to deletions or blockings undertaken by JobCloud in relation to these GTC or other contractual components. JobCloud has no obligation following termination of the contract to retain data and documents supplied to it or to return such to the Advertisers, save where retention or return have been expressly provided for or there exists a legal obligation to retain.
11. CHANGES TO THESE GTC
JobCloud shall inform the Advertisers in text form of changes to these terms and conditions at least six (6) weeks before their planned coming into effect. The Advertiser may object in text form to changes at the latest two (2) weeks before their planned coming into effect. If the Advertiser does not object or does not do so in due time in text form, then the agreement of the Advertiser to the change shall be deemed to have been given and the new provision shall come into effect in relation to the Advertisers’ claims at the planned date. If the Advertiser objects in time, then JobCloud has the option of continuing the contractual relationship affected by the change with the Advertiser subject to the old GTC or terminating it at the date of the coming into effect of the planned change. JobCloud shall advise the Advertiser in the notice of change specifically of JobCloud‘s right to terminate, the objection period applicable to the Advertiser and the consequences of an objection.
12. RELATIONSHIP WITH OTHER CONTRACTUAL ELEMENTS
Integral components of the contract are (to the extent they are available or applicable in the specific case) (i) the written cooperation agreement concluded between JobCloud and the Advertiser, (ii) the written offers specific to the Advertiser, (iii) the written order confirmation of JobCloud, (iv) these GTC, (v) product-related business terms and (vi) the product or service description applicable and published on the JobCloud Platform at the time of use of a product or service. In the event of ambiguities or contradictions between the individual contractual documents the aforesaid hierarchy of documents shall apply. Data protection shall apply to the current version of the privacy policy published on the respective JobCloud Platform.
13. APPLICABLE LAW AND JURISDICTION
Exclusively Swiss law shall apply to these GTC and to all disputes arising from or in connection with these GTC between JobCloud and the Advertisers. Exclusive place of jurisdiction is Zürich.
Zürich, May 2018
TERMS OF USE FOR JOB SEEKERS
1. SCOPE OF APPLICATION
JobCloud Ltd, Albisriederstrasse 253, 8047 Zurich (hereinafter “we” or “JobCloud”) offers a variety of job search and career planning solutions. These Terms of Use apply to all products and services offered by JobCloud to job seekers (hereinafter referred to as “Job Seekers” or “Users”). Thank You very much for choosing us.
These Terms of Use apply regardless whether Users make use of the products and services offered by JobCloud on one of our websites (e.g. jobs.ch, jobup.ch, jobscout24.ch, hereinafter “Platforms”), on mobile applications (hereinafter “Apps”) or otherwise.
These Terms of Use do not apply to Business Customers, who are subject to the General Terms and Conditions.
2. PRODUCTS AND SERVICES
2.1 REGISTRATION OF A JOBCLOUD ACCOUNT
Every User has the possibility to register for a free account for one of our Platforms (hereinafter “JobCloud Account”). This requires providing a valid email address and password to OneLog. OneLog is a free registration and log-in service for the use of digital offerings of media companies in Switzerland, which is operated by OneLog AG, Zurich (hereinafter “OneLog”“). By clicking on the “Continue” button, the user agrees to the terms of use of JobCloud and OneLog, acknowledges the privacy policy of JobCloud and OneLog, and sends a request for the creation of a JobCloud account to OneLog. OneLog will review the request and create the JobCloud account. To verify your email address, OneLog will send you a confirmation link. With the creation of the JobCloud account a contractual relationship between the User and JobCloud is established.
After creating the JobCloud account, the User has the possibility to enter further data in his JobCloud Account and to use the products and services offered by JobCloud for registered users.
2.2 USING SERVICES WITH THE JOBCLOUD ACCOUNT
JobCloud is a full-service administrator for job placement and offers its users comprehensive services related to all aspects of successful job placement. A detailed overview of the services currently offered can be found on our Platforms.
The services offered by JobCloud include those described on the Platforms and namely:
- Access to and viewing of specific job offers, general information about individual employers, companies or industries, company news, etc.
- Access to information, tips, assistance and newsletters related to the application process, including the creation of watch lists, application documents, etc., as well as the performance of salary checks (i.e. Users can perform a salary comparison, which, among other things, provides information about the average annual salary (gross) of other people in comparable positions) and other assessments to better evaluate their own opportunities and prospects in the job market.
- Creation of a User profile for the JobCloud platforms by entering personal data (such as your address, education, interests, etc.). and uploading documents.
- Submit applications directly through the and apply directly through their JobCloud profile, via the “Apply with” function.
- Option to use personalized search and push services to receive personalized offers (including but not limited to Job Alert/JobMailer/ personalized search requests and job recommendations, etc.).
- Use of tools to file and make visible relevant documents and information of the User (e.g. CV, which can be viewed by potential employers and/or recruiters. The User can change this setting at any time.
- CV database activation: If the User makes his/her profile visible, his/her profile can be viewed by potential employers and/or recruiters. The user can change this setting at any time.
- Digital Recruiting: If a User applies for a job offer via JobCloud’s Platforms and uploads application documents via one of the JobCloud Platforms, JobCloud will suggest further suitable and current job offers to the User free of charge. To that purpose, JobCloud will analyse and evaluate your uploaded application data and compare it with the current job offers. If the analysis shows that other job offers match the User’s application profile, JobCloud will suggest those job offers to the User. Only after further consent of the User JobCloud will forward the application documents to the employer that advertised the job.
JobCloud reserves the right to add new services and innovations at any time and to change, develop or discontinue existing services in whole or in part at any time. Users have no right to retain any service or innovation.
If you do not agree with any change or discontinuation of services, you may terminate this Agreement in accordance with clause 10 of this Agreement and refrain from using the JobCloud Platforms.
2.3 USING SERVICES WITHOUT THE JOBCLOUD ACCOUNT
Users without a JobCloud Account can use all the services available on the JobCloud website or on an App without signing up; in particular, unregistered Users can search and apply for job offers.
JobCloud reserves the right to add new services and innovations at any time and to change, develop or discontinue existing services in whole or in part. Users have no right to retain a service or innovation.
If you do not agree with any change or discontinuation of services, you may refrain from using the JobCloud Platforms and the services provided by JobCloud.
3. USE OF DATA AND DATA PROTECTION
The protection of personal data is important to JobCloud. JobCloud will therefore handle the Users’ personal data with the greatest care at all times, in compliance with the applicable data protection regulations. JobCloud uses personal data to provide services used by the Users. For further information on how personal data is used, see JobCloud’s Data Privacy Notice.
Users authorize JobCloud to make unlimited use of data sent to JobCloud subject to prior anonymization of such data and to dispose of the anonymized data without limitation.
4. REVIEWS OF COMPANIES/EMPLOYERS/ SALARY INFORMATION
Users are able to review employers on the company review platform. Users also have the option to provide salary information for work in specific positions. The following rules apply:
- It is only permissible to review those employers for whom the User works or has worked or to whom the User applied and was subsequently invited to an interview.
- All information about the employer and place of work must be complete and correct; no untrue allegation of facts may be made about employers, their employees or other circumstances concerning the employer in question.
- All salary information, whether abstract or in connection with specific employers, must be complete and correct. No false information may be submitted.
- The reviewer must refrain from mentioning any individual’s name or other information that might enable identifying an individual (other than oneself).
- Users must not link the statements they make to external content.
You hereby consent to JobCloud editing and/or abbreviating your employer reviews and salary information and moving such reviews to other sections or subject areas within the JobCloud website. You further acknowledge that JobCloud may reject or delete your employer review and/or salary information at any time without stating any reasons. In addition, You authorise JobCloud to send your employer reviews and salary information to third parties.
5. COSTS
Using the products and services provided by JobCloud under these Terms of Use is generally free of charge. If the products or services in question are fee-based, JobCloud shall clearly and unambiguously indicate this to the User on the respective website before such products or services are used, with reference to the separately applicable terms of use.
6. USER’S OBLIGATIONS
All the information entered must be complete, up to date and truthful. If the User makes incomplete or false statements, JobCloud is entitled to terminate the agreement at any time in accordance with clause 10 of these Terms of Use and/or block the JobCloud Account temporarily or permanently.
The JobCloud Account shall only be used personally by the account-holding User, who undertakes to store the login details and passwords in a safe place and not to disclose them to third parties. If a third-party gains access to your JobCloud Account, You are required to inform JobCloud thereof without delay.
7. INTELLECTUAL PROPERTY
JobCloud shall retain all rights of ownership and proprietary rights to JobCloud’s websites, Platforms and Apps, particularly copyrights and rights to trademarks, designs and know-how. JobCloud grants Users a non-exclusive, non-transferable right to use the Platforms, Apps, and products and services offered by JobCloud in accordance with these Terms of Use. Any further publication, use, disclosure or reproduction of any such rights of ownership and proprietary rights without the express consent of JobCloud is prohibited.
8. NO GUARANTEES
JobCloud gives no guarantees whatsoever regarding its Platforms, Apps or products and services offered by JobCloud; in particular, JobCloud does not guarantee that:
- the content is up-to-date, accurate, complete or fit for a particular intended purpose;
- the application documents transmitted will be received, read or answered, or that the Job Seeker will find any position; or
- the Platforms and Apps will be available without interruptions or disturbances.
Although JobCloud performs regular backups, the possibility of data losses cannot be ruled out entirely.
9. LIABILITY
JobCloud shall only be liable for loss or damage caused intentionally or through gross negligence, in accordance with the applicable law.
JobCloud also posts third-party offers and content and/or links to such third-party offers or websites on its Platforms. JobCloud has no control over the content of external links and assumes no liability for the content of such external links, including the accuracy, completeness, reliability or suitability for specific purposes. Upon corresponding notification by Users, illegal content will be removed immediately.
10. TERM OF AGREEMENT AND TERMINATION
These Terms of Use shall apply for the duration of the utilization of services by the User or, in the case of Users with a JobCloud Account, for an indefinite period after creation of the Account.
Users with a JobCloud Account may terminate the agreement between them and JobCloud at any time by (i) sending a letter to JobCloud Ltd, Albisriederstrasse 253, 8047 Zurich or an e-mail to info@jobcloud.ch or (ii) deleting their account in the account settings of OneLog. In this case, JobCloud will definitively and irrevocably terminate the JobCloud Account except for such information as is necessary to wind up the contractual relationship, to assert or enforce legal claims and such information as JobCloud is required to retain by law.
JobCloud reserves the right to anonymize such information instead of deleting it. In accordance with clauses 3 and 5 of these Terms of Use, the User grants JobCloud the right to use such anonymized data without limitation and to dispose of such anonymized data without limitation. For further information on how personal data is used and deleted, see JobCloud’s Data Privacy Notice.
11. CHANGES TO THE RANGE OF SERVICES
JobCloud reserves the right to change and/or discontinue at any time all or part of the products or services offered. The User shall have no claims whatsoever against JobCloud on grounds of such a change of discontinuance of products or services.
12. CHANGES TO THESE TERMS OF USE
12.1 CHANGE OF TERMS OF USE FOR USE OF SERVICES WITH A JOBCLOUD ACCOUNT
JobCloud shall inform the User of any change to these Terms of Use (providing the new Terms of Use as well as an overview of the relevant changes) in text form at least two (2) weeks prior to the planned effective date of said change. The User shall have the right to object to the amendment until the date on which the amended Terms of Use are scheduled to take effect. If the User fails to object or does not object in time, then the User shall be deemed to have consented to the change and the new Terms of Use shall become enforceable against the User as from the planned date. If the User objects in in due time, then JobCloud may choose between continuing the modified contractual relationship with the User with continued application of the old Terms of Use or else terminate the relationship as from the effective date of the planned change.
12.2 CHANGE OF TERMS OF USE FOR USE OF SERVICES WITHOUT A JOBCLOUD ACCOUNT
For the use of services without registration, the Terms of Use shall apply in their current form. The current Terms of Use shall be displayed to the User when accessing the Platforms and may also be viewed at any time. JobCloud may change these Terms of Use at any time.
13. APPLICABLE LAW AND PLACE OF JURISDICTION
Exclusively Swiss law, excluding the provision of the Swiss Federal Act on Private International Law (PILA), shall be applicable to these Terms of Use and to any disputes between JobCloud and the User arising out of or in connection with these Terms of Use. The courts of the city of Zurich shall have exclusive jurisdiction. Notwithstanding the foregoing, JobCloud shall, however, have the right to take legal action at the courts of the User’s place of residence.
Zurich, February 2023