Terms and conditions
General Terms and Conditions of JobsMarkt.ch Limited
1. Scope and purpose of the Terms and Conditions
The terms and conditions apply to all services and products provided by JobsMarkt.ch Ltd. (hereinafter referred to as the "Provider") for Jobseekers, job offerers and recruitment agencies (hereinafter referred to as "users"). Deviating regulations are only valid if they have been expressly agreed in writing between the provider and the user. In particular, the provider provides services in the area of publication and retrieval of job advertisements, profiles, and applications, for which it provides the platforms such as https://www.jobsmarkt.ch and also with various domain extensions, eg: .com, .eu, .de, .at, .fr, .be and many more available. These terms and conditions conflicting special or general terms and conditions are not accepted by the provider and have in the relationship between the provider and the users are not valid.
2. Conclusion of contract
The contract between the users and the providers is concluded by signing an agreement, a written offer, by express or implied acceptance of an order confirmation, payment of an invoice or by using the services of the provider. The user can hereby be obliged to explicitly confirm and accept the terms and conditions.
The provider operates a national as well as an international homepage. The national registration is free of charge and can be used unrestrictedly even without registration by the user. If the user wants access to the international homepage, he is obliged to register. Likewise the registration on the international homepage is charged. The enrollment fee for the international registration for job seekers users is CHF. 39.90. The exact information on this, as well as the tariffs for employers, can be found on the homepage of JobsMarkt.ch Ltd. https://jobsmarkt.ch/en/pricing.
4. Duration and Termination of Contract
The duration of the contract depends on the service chosen. The current service offer is always visible on the homepage of the provider.
With the signing of a cooperation contract or the creation of a JobsMarkt account, with the first use of a service by the user, a contractual relationship between the user and JobsMarkt comes in force. This contractual relationship endures for an indefinite period.
JobsMarkt can also terminate the contract with the user at any time without giving reasons in writing by letter or by email.
If the Termination of the Agreement by User or JobsMarkt occurs during a paid service offering, the Agreement will terminate with JobsMarkt's full provision of the User's use of Products or Services and the full payment of User's compensation to JobsMarkt. Deviating from this, the Nutzer may request the premature deletion of job advertisements, profiles or data; However, in this case, the user has to pay the full disposal and is not entitled to repayment of already paid compensation. The same applies to deletions or blockages initiated by JobsMarkt based on these GTC or other parts of the contract. JobsMarkt is not obliged after the end of the contract to retain the data and documents sent to it or to return them to the users unless a retention or return has been expressly agreed or a statutory retention obligation exists.
5. Services of Provider
The Provider offers a Job and Recruitment platform for users and provides services that are used with the utmost care. The provider gives no guarantee for the achievement of any goals. The current offer of services including the prices of the provider is available on its homepage. The Provider has the right at all times to change the nature, scope, price, conditions of purchase and channels of the services provided by it and to refuse its services in the event of late payment or any other breaches of liability.
6. Insertion of advertisements and profiles
By capturing an advertisement, the user gives his consent to the publication of the advertisement on the homepage of the provider and its partners as well as to the publication channels used by the provider. In particular, the provider has the right to place the advertisements in social media, in which the advertisements are optionally shared by the users. The user also agrees with the inclusion of the ad, also agree that his profile on the homepage of the provider is made public and visible to the other users of the platform. The non-appearance or incorrect appearance of an advertisement or a profile or the placement at another than the agreed place does not entitle the user to assert claims of any kind against Provider, however, the user is entitled to demand the correction.
7. Permitted Usages
The user is solely responsible for the content of his advertisements and profiles. He warrants the accuracy and timeliness of the information contained therein. In particular, only advertisements and profiles may be published which are intended to be used as intended candidates or applicants and which comply with all legal requirements. In particular, the advertisements and profiles may not violate any intellectual property of third parties, personal rights or other rights of third parties. Likewise, the user undertakes not to publish any unlawful content, in particular content of racist, pornographic or personality-infringing nature, via the provider's platform.
In the case of job advertisements, particular care must be taken to ensure that each published job advertisement refers to a job actually being filled. The Provider reserves the right at any time to remove advertisements and profiles that do not comply with the stated requirements without warning or justification from the platform and to block the user for further services.
8. Compliance with Regulations
Upon conclusion of the contract, the users assure that they will only be able to use the provider's offer in full compliance with all applicable legal requirements. In particular, recruitment agencies and personnel lenders assure that they have the necessary permits and that they are able to pre-assign them to the provider on first request.
9. Terms of payment
Prices are in Swiss Francs, Euros, US Dollars, Indian Rupees. The obligation to pay begins with the conclusion of the contract. The user agrees to pay the amount within 10 days of receipt of the invoice. In the event of a delay, delaying charges of 5% and from the second reminder, an additional reminder fee will be charged. If the user is in default of payment, the provider is additionally entitled to suspend its services without warning and to block the user from further services. If the customer is located abroad, he must pay the service in advance, by credit card or via PayPal. Any fees (such as commissions, conversion fees, debit charges, interest) are entirely at the expense of the user.
The provider strives to provide a high level of professional services. For the statements and information in the advertisements and offers of the provider, no liability is accepted. The provider accepts no guarantees for the goal to be achieved. It only ensures the provision of the promised services in accordance with the industry-standards and norms. In particular, the provider accepts no responsibility for the uninterrupted availability and accuracy of its services. It is not liable for any business interruptions and/or technical faults and their effects. The provider assumes no responsibility for the content of profiles and advertisements provided by users. The provider endeavors to prevent unauthorized use of the data published on the homepage by third parties. However, any liability in the event of unauthorized use by third parties is expressly excluded by the provider. The Provider also assumes no responsibility for the success of an advertisement or the inclusion of a Profile. In any case, liability is limited to unlawful intent or gross negligence. Liability for indirect or consequential damages is excluded.
11. Duties and liability of the user
In order to use the services of the provider, the user is required to create a user account. The user is responsible for the legality, correctness, and completeness of the data provided by him. He is also committed to the careful and confidential storage of his user data and all activities related to his user access. In particular, he is obliged to note any changes and keep the customer account up to date. The user is liable to the provider for all damage and costs caused as a result of a violation of the GTC or other contracts, regardless of his fault. He indemnifies the provider against all claims asserted by third parties as a result of using the homepage of the provider against the provider. The damage to be compensated also includes reasonable legal costs. The Provider is obliged to immediately inform the user about claims asserted by third parties.
12. Intellectual property rights
The possible contents of their services provided by the provider are protected by copyright. The use and payment of the services by the user does not result in the transfer of intellectual property rights.
13. Data Protection
The provider respects the privacy of every person who uses their services. The collection, processing and use of data is in accordance with the legal data protection regulations of the country in which the data controller is located. The provider takes the necessary measures to ensure this.
14. Changes to the General Terms and Conditions and the service offer as well as the provisions regarding data protection
The provider reserves the right to change these terms and conditions at any time. Between the user and the provider applies the current version published on the homepage of the provider. The provider informs the user at an early stage on the homepage or in any other suitable way about changes to these terms and conditions.
The provider also reserves the right to change or terminate its service offer at any time without warning or justification. Such a change, resp. Hiring does not entitle the User to assert any claims against the Provider. However, the Provider will endeavor to provide the user with an equivalent offer in the event of a cessation or significant change.
15. Applicable law, jurisdiction
The terms and conditions and the legal relationship between provider and users are subject to Swiss law. Insofar as no mandatory statutory provisions apply, the court at the registered office of the provider is responsible.