Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR EMPLOYERS AND RECRUITERS
1. SCOPE OF APPLICATION
JobMarket AG, Carmenstrasse 28, 8032 Zürich (hereinafter “JobMarket”) 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 JobMarket (hereinafter also referred to as “Advertisers” or “you”). Thank you for choosing us.
These GTC apply regardless of whether Advertisers use the JobMarket products and services via a website (e.g. jobmarket.biz, JobMarket.com hereinafter referred to as “Platforms”), mobile applications (hereinafter “Apps”), telephone or otherwise.
2. USING OUR PRODUCTS AND SERVICES
2.1 REGISTRATION OF A JobMarket-ACCOUNT
In order to be able to use our products and services, you must open an account on one of our Platforms (hereinafter the “JobMarket 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 JobMarket 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 JobMarket Platforms.
2.3 COMPLIMENTARY SERVICES
JobMarket also offers Advertisers the option of using the following services via their respective JobMarket Account free of charge:
Adverts: Using the JobMarket Account the Advertiser enters, publishes and manages advertisements. In addition, the Advertiser can create and upload templates.
Company Profile: JobMarket 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 JobMarket Platforms.
User: The Advertiser has the option of managing the circle of users granted access to the Advertiser‘s JobMarket Account via its JobMarket Account and to appoint an administrator.
Logos: In its JobMarket 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 JobMarket profile directly through the website of the employer. JobMarket 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. JobMarket does not take over any responsibility for this service and does not bear any costs. All rights to the “Apply with” function remain with JobMarket.
JobMarket 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 JobMarket 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 JobMarket 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 JobMarket 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 JobMarket).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. JobMarket 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, JobMarket reserves the right to block the Advertiser or their access to further JobMarket services and to terminate the underlying contract.
3. ERASURE OF APPLICATION DOSSIERS
The Advertiser is obliged to erase all application dossiers received from JobMarket 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). JobMarket 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 JobMarket may also suspend the services without advance notice and block the Advertisers or their access to further JobMarket 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 JobMarket AND DATA PROTECTION
The Advertisers grant JobMarket the unlimited right to use and dispose of the data passed to JobMarket 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), JobMarket 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 JobMarket.
7. INTELLECTUAL PROPERTY
All proprietary and intellectual property rights in the websites, Platforms and Apps of JobMarket, in particular copyrights and rights in trademarks, designs and know-how remain in the ownership of JobMarket.
JobMarket grants the Advertisers a non-exclusive, non-transferable right to use the Platform, Apps andproducts and services offered by JobMarket in accordance with these GTC.
8. NO GUARANTEES
JobMarket gives no guarantees in relation to its Platforms, Apps or other products and services offered by JobMarket. JobMarket 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.
JobMarket carries out regular backups. Notwithstanding this data losses cannot be completely excluded.
JobMarket 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 JobMarket Account, or with the first use of a service offered by JobMarket by the Advertiser (whichever is earlier), a contract between JobMarket and the Advertiser comes into existence. This contract remains in force for an undefined term.
JobMarket 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 JobMarket 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 JobMarket and payment in full of the fee by the Advertiser to JobMarket. 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 JobMarket in relation to these GTC or other contractual components. JobMarket 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
JobMarket 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 JobMarket 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. JobMarket shall advise the Advertiser in the notice of change specifically of JobMarket‘s right to terminate, the objection period applicable to the Advertiser and the consequences of an objection.
12. RELATIONSHIP WITH OTHER CONTRACTUAL ELEMENTS
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 JobMarket and the Advertisers. Exclusive place of jurisdiction is Zürich.