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GTC

The following general terms and conditions (GTC) apply to all products and services provided by jobchannel ag and to the use of all websites operated by jobchannel ag. By using our services as well as our websites, you accept the following terms and conditions unmodified and in full:

1. Scope of Application

1.1 Subject Matter of the Agreement

The subject matter of these GTC is the legal relationship between jobchannel ag and persons such as jobseekers, job advertisers and recruitment agencies using its platforms, websites and partner platforms (henceforth “user”) with regard to all products and services (henceforth “services”) offered by jobchannel ag. These GTC apply to every use of the services offered by jobchannel ag (particularly the publishing of job advertisements, retrieval of job advertisements as well as applications for job advertisements).

1.2 Conclusion of Contract

Consent to these GTC is given by signing a written cooperation agreement or a written offer, by explicit or conclusive acceptance of order confirmation, by payment of an invoice or use of the services offered by jobchannel ag. When using the websites of by jobchannel ag, the customer may be asked to give their consent to these GTC by activating a corresponding input field.

1.3 Integral Parts of the Contract

Integral parts of the contract are (if they exist in particular in a given case) (a) the written cooperation agreement between jobchannel ag and the user, (b) the user-specific written offer, (c) the written order confirmation, (d) these GTC and (e) the product description valid and published on the websites of jobchannel ag applicable at the time of the use of a product or a service. In the event of any ambiguity between the individual contract documents, the above ranking will take effect. The Privacy Policy published on all websites operated by jobchannel ag applies to all concerns regarding the privacy of data.

2. Range of Services

The user chooses services provided by jobchannel ag from the range of services available at the time of use. The current range of services is outlined on the websites of jobchannel ag.

2.1 Advertisement Slots and Advertisement Contingents

Amongst other services, jobchannel ag offers users, in particular job advertisers and recruitment agencies, “job advertisement slots” and “job advertisement contingents”. For the scope of services, the product descriptions published on the websites of jobchannel ag at the time of use of the services apply.

2.1.1 Advertisement Slots

Job advertisers and recruitment agencies have, in the case of an advertisement slot, an agreed number of advertisement slots available for their own use during the fixed contract term. Upon removing an advertisement, job advertisers and recruitment agencies are entitled to publish a new job advertisement in the same advertisement slot immediately. If a limit on rotations is stipulated in the respective product description or in another integral part of the contract, the job advertisement published in a specific advertisement slot must not be replaced with another job advertisement with a greater monthly average frequency than that stated in the product description. A rotation limit of 10 days, for example, signifies that a job advertisement must not be replaced with another job advertisement in the same advertisement slot more frequently than every 10 days on a monthly average basis. Therefore, an advertisement in the same advertisement slot must not be replaced more frequently than 3 times in the course of one whole calendar month. Job advertisers and recruitment agencies undertake to comply with the applicable rotation limit. jobchannel ag reserves the right to implement any suitable technical measures to enforce any rotation limit in force.

2.1.2 Advertisement Contingents

Job advertisers and recruitment agencies purchase, in the case of an advertisement contingent, a specified quantity of job advertisements for their own use and publish these on the platforms of jobchannel ag if needed. Every job advertisement will be published for a maximum of one month on the platforms of jobchannel ag. The duration of the contingent as stipulated in the respective product description or in another integral part of the contract applies. Unused job advertisements expire and will not be reimbursed.

3. Use of Range of Services

3.1 Publication of Job Advertisements, Advertising Materials and Profiles

Job advertisers and recruitment agencies have the possibility of publishing job advertisements, banners, logos, etc. (henceforth “advertising materials”) by using the services of jobchannel ag. In particular, job advertisements can be shared on social networks. Jobseekers have the possibility of registering and storing data on platforms offered by jobchannel ag. Jobseekers declare their consent to have their respective profiles made available on platforms offered by jobchannel ag as well as on partner platforms for job advertisers and recruitment agencies by entering their data.

Cases of non-publication or defective publication of a job advertisement or a profile or the placement thereof somewhere other than agreed do not justify claims against jobchannel ag.

3.2 Allowable Use

Any passing on or transfer of advertisement slots or job advertisements to a third party without prior permission by jobchannel ag is excluded. Users carry full responsibility for the contents of their job advertisements, advertising materials and profiles. Users ensure that said content is correct and up-to-date.

Only job advertisements, advertising materials and profiles which aim to achieve an appropriate search for candidates or applicants and which comply with all legal requirements may be published on the websites of jobchannel ag. Job advertisements, advertising materials and profiles must not, in particular, violate the intellectual property, personal rights or other rights of third parties (cf. Privacy Policy). The user undertakes not to publish any unlawful content, in particular content of a racist or pornographic nature or content harming personal rights, via the services and platforms of jobchannel ag.

Inadmissible is in particular the following content:

  • Immoral or offensive job advertisements, advertising materials or profiles;
  • Multiple job advertisements, advertising materials or profiles summarized under one publication;
  • Job advertisements with a wrong or lacking job title or content;
  • Job advertisements for multi-level marketing, snowball systems, home-based works, gift circles, etc.;
  • Job advertisements with erotic content or job advertisements for escort services;
  • Training offers;
  • Job advertisements referring to advertisements for other positions, communication products or other products;
  • Job advertisements with insufficient identity / address information or purely postal addresses.

Any published job advertisement must correspond to an actual vacant position. Job advertisers and recruitment agencies undertake to post a new job offer only in case of a new vacancy.

jobchannel ag reserves the right to remove any job advertisements, advertising materials or profiles which do not comply fully with these requirements from its services without prior notice or justification. Furthermore, jobchannel ag reserves the right to freeze the user or their access to further services provided by jobchannel ag.

3.3 Compliance

Users guarantee to solely use the platforms and partner platforms of jobchannel ag in full compliance with all applicable statutory requirements. Job advertisers and recruitment agencies guarantee in particular to be in possession of a valid recruitment or hiring permit and undertake to provide jobchannel ag with a copy thereof upon first request.

4. Contract Term and Retention of Data

An early termination of a contract concluded for a fixed term or for a minimum term is excluded. In particular, even in the event of premature deletion of job advertisements, advertising material, profiles or data, the full remuneration is due, and the user has no claim to reimbursement of any remuneration already paid. The same applies, in the case of deletions or blocks which have been initiated by jobchannel ag based on these GTC or other contractual components.

After termination of a contract, jobchannel ag is not obligated to retain any data or documents submitted to it, or to return these to the user, unless a retention or return has expressly been agreed upon.

5. Payment Terms

The payment obligation of the user starts upon conclusion of the contract. Invoices from jobchannel ag are to be paid without deductions within 30 days of receipt of the invoice, unless other payment terms have explicitly been agreed. In case of default of payment, default interest at the rate of 5% is owed. Following the second reminder, an additional fee is invoiced to defray the costs of the default. If the user is in arrears with the payment of invoices, jobchannel ag is also entitled to suspend its services without prior notification and to block the user or their access to further services of jobchannel ag. Where staggered payment has been agreed, and the user is in arrears with payment of an installment, maturity of all remaining outstanding installments is rendered.

6. Offers of Third Parties

jobchannel ag also represents third-party offers and/or provides links to third-party offers or websites through its platforms. jobchannel ag cannot be held responsible for these third-party offers or the content of third-party websites and expressly excludes any liability in connection with third-party offers and content. jobchannel ag therefore requests the user to consult the the General Terms and Conditions of Business and Use and Privacy Policy of the respective providers prior to making use of such an offer.

7. Liability

7.1 Liability of jobchannel ag

jobchannel ag provides its services with due care and professional competence. jobchannel ag cannot guarantee the uninterrupted or flawless availability of its services. jobchannel ag is in particular not liable for any interruptions of operation and/or technical disruptions and their effects. The job advertisements, advertising materials and profiles accessible on the platforms of jobchannel ag originate from the respective users. Therefore, jobchannel ag assumes no responsibility for the accuracy or completeness of this data. jobchannel ag strives to prevent any unauthorized use by third parties of the data published on its platforms. All liability of jobchannel ag is explicitly excluded in the case of unauthorized use by third parties. jobchannel ag assumes no responsibility for the success of job advertisements, advertising materials or the making accessible of profiles. In any event, the liability of jobchannel ag is limited to unlawful intent or gross negligence. Any liability for indirect damages or consequential damages is excluded.

7.2 Liability of users

The user stands for the lawfulness, accuracy, and completeness of the information they distributed on the platforms and partner platforms of jobchannel ag. The user is responsible for the careful and confidential safekeeping of their user information (in particular username and passwords) and for all activities carried out through their account. The user is liable towards jobchannel ag irrespective of any fault, for all damages and costs caused by breaches of these GTC or other integral parts of the contract. The user respectively indemnifies jobchannel ag against all claims by third parties arising out of the information provided by the user respectively. The damages to be compensated also include reasonable legal fees. jobchannel ag will immediately inform the user about any claims made by third parties.

8. Miscellaneous provisions

8.1 Place of Performance

Place of performance for all services offered by jobchannel ag is the business premises of jobchannel ag.

8.2 Amendments to Contract Terms

jobchannel ag reserves the right to amend these GTC at any time. Between the user and jobchannel ag, the version of these GTC which is currently published on the websites of jobchannel ag is applicable. jobchannel ag will inform the user in time on its websites or by any other suitable means over any amendments to these GTC.

8.3 Changes to Range of Services

jobchannel ag reserves the right to change the range of services offered at any time without warning or justification, or to discontinue its range of services in whole or in part. Such a change or discontinuation of the range of services does not entitle users to assert any claims against jobchannel ag. However, in the event of a significant change or discontinuation of the range of services, jobchannel ag shall endeavor to provide the user with an equivalent offer.

8.4 Applicable Law and Place of Jurisdiction

These GTC and the other contract components as well as any disputes with may arise from or in connection with the contract relationship between jobchannel ag and the user are subject to Swiss Law. The ordinary courts at the place of registered office of jobchannel ag have exclusive jurisdiction, whereby jobchannel ag also has the right to bring an action against the user at the latter’s principal place of business.

9. Language Versions

In case of contradictions or inaccuracies between different versions of the present GTC, the German version shall prevail.

Thalwil, March 2024