Terms and Conditions Employers

General terms and conditions for advertising employers

With this Privacy Policy, we would like the users of our website www.veraguth-partner.ch (“Portal”), the applicants, customers and our employees hereinafter referred to as “users” or “interested parties” or “employers”, inform about the data protection at the Mirjana Veraguth recruitment agency hereinafter (“MV”). Of course, we comply with the legal provisions of the Swiss Data Protection Act (DSG) and other data protection provisions.

Scope

The following terms and conditions apply between the www.veraguth-partner.ch (Portal) advertising employer (hereinafter employer) and the Mirjana Veraguth recruitment agency, (hereinafter portal operator).

Service Item / Employer Account / Employer Profile / Job Advertisements / CV Database

The portal operator provides the employer with a Portal on which he can place job advertisements accessible via the Internet and present himself in the form of an employer profile. The job advertisement is also part of the sent electronic newsletter (Jobletter), which is sent free of charge to Newsletter subscribers. An inspection of the CVS posted by applicants in the Portal is only possible for a fee (see below, section obligation to pay).

For this use of the portal, the employer must first register with an employer account stating his / her essential contact details. This data will not be published. The employer (it counts the legal or natural Person) can only create an employer account. An employer is also a natural or legal person who publishes an employer profile and job advertisements on behalf of an employer.

The placement of job advertisements requires the creation of an employer profile via the employer account. The employer profile will be published on the Portal and linked to the employer’s job advertisements there. The employer can choose between a free employer profile, or paid employer profiles. The Associated service contents and costs are displayed to the employer in his employer account before ordering.

The employer can choose between different variants of a job advertisement. The respective selectable performance contents and costs of the job advertisement are displayed to the employer in his employer account before the order.

The employer can use his employer account to edit his employer profile and job advertisements at any time and deactivate his job advertisements.

Confidentiality of Login data / Confidentiality of Applicant Data

The employer must keep the Login details of his employer account secret. Only he knows this data. They may not be passed on to third parties. Third party is anyone who is not registered as a user in the employer account.

The employer must treat data received from applicants confidentially via the Portal. It may only store and use them for the purpose of checking the employment requirement for an employment relationship.

Conclusion of Contract

The contract for the publication of an employer profile and a job advertisement is concluded via the employer account. There, the employer selects the performance variant of his employer profile and creates it via the INPUT menu. With the Button “publish employer profile for free” or “publish employer profile for a fee”, he submits a booking offer for the storage and publication of the desired employer profile to the portal operator. The employer profile is thus published in the Portal. There is no obligation to contract.

The booking of a job advertisement requires the booking of an employer profile (see above, section payment obligation). The employer selects the desired performance variant of the job advertisement in his employer account and creates it via the INPUT menu. With the Button “publish job advertisement for free” or “publish job advertisement for a fee” the employer bindingly books his job advertisement, which is stored in the employer account and published in the Portal at the same time.

The booking of access to the CV database requires the booking of an employer profile (see above, section mandatory payment).). The employer chooses the desired service duration of access in his employer account. With the Button “Select” the employer bindingly books his temporary access to the CV database.

Payment Obligation

The payment of employer profiles, job advertisements and access packages to the CV database is made by our payment modules such as PayPal, Stripe etc.

Storage Obligation / Backup Obligation

The portal operator is obliged to the employer to save the published job advertisement for general availability on the servers assigned to it. This storage obligation exists until the end of the contract. The employer is responsible for making a backup copy of his job advertisements.

Portability

The portal operator may carry out maintenance work on the Portal to the usual extent. The portal operator does not guarantee that the portal can be accessed in case of force majeure, i.e. circumstances that lie outside the domain of the portal operator. These include, for example, disruptions to third-party communication networks, power outages and attacks from the Internet, which cannot reasonably be prevented by state-of-the-art measures for the portal operator.

Passivity of the portal operator regarding employment contracts and job advertisements

The portal operator only offers a platform for the publication or distribution of profiles and ads. It is neither economically nor legally involved in any employment or other employment contract concluded between the employer and an employee on the basis of the portal.

The portal operator is not obliged to the employer to check job advertisements, employer profiles and applicant-side contents for their truth content and their legal admissibility. It has no influence on its content.

The booking of access to the CV database requires the booking of an employer profile (see above, section mandatory payment).). The employer chooses the desired service duration of access in his employer account. With the Button “Select” the employer bindingly books his temporary access to the CV database.

Limitation of liability in favour of the portal operator

In so far as claims for damages against the portal operator – regardless of the respective legal grounds – presuppose fault, the following shall apply::

In the case of intent and gross negligence or in the case of injury to life, body or health, the portal operator is liable in accordance with the statutory provisions.

Otherwise, the portal operator is liable only in case of violation of essential contractual obligations (Cardinal obligations) as well as in case of default. However, the liability of the portal operator is then limited to the contract-typical, foreseeable average damage. Exclusion and limitation of liability shall also apply in favour of the portal operator in the event of the fault of its vicarious agents. The statutory burden of proof is not changed by this contract.

Inadmissible Content / Liability Exemption

In particular, the employer may not distribute the following content via the Portal:

  1. proprietary content (trademarks, company trademarks, titles, business badges, etc.), if this is unauthorized;
  2. discriminatory content and other statements disparaging a Person;
  3. information from the protected private domain of third parties without their permission;
  4. content protected by copyright or ancillary copyright (photos, graphics, images, music in sound or music image, texts, etc.), if this happens without permission;
  5. content that violates the protection of minors;

The portal operator only offers a platform for the publication or distribution of profiles and ads. It is neither economically nor legally involved in any employment or other employment contract concluded between the employer and an employee on the basis of the portal.

The portal operator is not obliged to the employer to check job advertisements, employer profiles and applicant-side contents for their truth content and their legal admissibility. It has no influence on its content.

The employer shall indemnify the portal operator against liability and damages resulting from the publication of its content via the Portal, which it has initiated. The damage also includes the necessary costs of Legal Defense or legal prosecution.

Final Provisions / Contract Changes

We did not assure the corporate customers that a Matching can be carried out in every case and also do not assume any guarantee for the success of a recorded job advertisement. In addition, we reserve the right to change contractual services, prices and all other contractual agreements including these GTC at any time. Already completed subscriptions are not affected by price and performance changes within the selected term. if the price and performance changes mean an additional burden or worse for the corporate customer.

Any changes to these terms and Conditions shall be notified to the customer in an appropriate manner. If the customer continues to use our services after notification of the changes, he accepts the changes.

Applicable Law / Place of Jurisdiction

Should any provision of these general terms and Conditions be or become void, the remaining part of the general terms and Conditions shall not be affected. Void or Invalid provisions shall be replaced by those that are effective and come closest to the economic purpose of the void or invalid provision. The same procedure is to be followed if there is a gap in the contract or if a provision proves to be impracticable.

Swiss law is applicable to all contractual relationships between us and the customer subject to mandatory statutory provisions to the contrary, excluding private international law (incl. Vienna Sales Law). The exclusive place of jurisdiction for all disputes resulting from this contractual relationship is Zurich, subject to any mandatory jurisdiction.

Aeugst am Albis, Juni 2019

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