Last revised: January 2012
The GTC regulate the contractual relationships between the user of the online job market jobup.ch (hereafter referred to as: "jobup.ch" or "Job Platform") and Jobup SA (hereafter referred to as: "Service provider") with regard to all products services ("Online offer") offered by the Service provider online on jobup.ch. The GTC apply to every use of the portal, in particular the publication of advertisements, the selection of profiles, the retrieval of advertisements and profiles and applications to advertisements.
All visitors to the Job Platform, namely job advertisers and jobseekers, are deemed to be users.
Users of the Job Platform who offer jobs in the Job Platform and/or search for job applicants or call up their data are deemed to be job advertisers.
Users who call up job advertisements in the Job Platform and/or devise their own profile as a jobseeker and/or apply for jobs advertised on the Job Platform via the Job Platform or outside the Job Platform are deemed to be jobseekers.
2. Online offer and acceptable uses
a) The type and extent of the Online offer depends on the offer at the time of access by the user. By concluding of a contract advertisements the User is only allowed to post job offers online.
b) Users are obligated to specify their identity and valid address when creating their account on the Job Platform. A PO box address is not allowed. If in doubt, the company Jobup AG reserves the right to demand an excerpt from the Companies Register or identity papers.
c) The User agrees to the advertisements placed by him (incl. all data, photos, advertising videos etc.) being published on jobup.ch and on jobup.ch’s partners’ platforms.
d) The users agree to use the Job Platform solely in accordance with its terms to look for jobs or applicants, and in particular only to place correspondingly serious job offers, applications or profiles.
e) Job advertisers with the authorisation to place personnel are subject to specific contractual conditions; they must inform the Service provider of these conditions. If this authorisation is obtained after the contract has already taken effect, the Service provider reserves the right to change the conditions of the current contract.
f) The Job Platform in particular does not permit the following:
i. Offers and contact requests which do not occur solely to advertise or look for serious positions;
ii. Illegal or immoral offers;
iii. Advertisements containing more than one job title or description;
iv. Advertisements referring to offers relating to other posts or communication products (cf. directives, current version available on jobup.ch).
g) The Service provider reserves the right, at any time and without having to give reasons, to demand that the ads posted are changed, or to reject or suspend posted ads or profiles as well as blocking the User’s access to some services.
h) In case of a suspicion that the online service is used for illegal or immoral purposes, or purposes in violation of the contract, the User’s access can be withdrawn without notice. The same applies to unauthorised use of third-party personal data. The Service provider reserves the right to report any such violations to the relevant authorities.
3. Contractual penalty
The placement of advertisements which pursue objectives other than the offer of serious job openings shall be inadmissible. If companies about to post an ad are not sure whether their ad is within the permissible boundaries, they may seek advice from the Service provider. The Service provider has the right to remove unacceptable ads from the Job Platform after their discovery.
Companies who repeatedly violate paragraph 2 lit. f. are obliged to pay a contractual penalty to Jobup AG.
In the case of such repeated contractual violations, the contractual penalty is CHF 1,500 per number of days the unacceptable ad is on the platform between 00:00 and 24:00 (local time CH) (example: the Service provider has removed a company’s unacceptable ad once before from the Job Platform. Nonetheless, the company places another ad that clearly violates paragraph 2 lit. f. The ad stays on the platform, say, from Monday, 13:30 to Sunday 07:00. As a result of this repeated contractual violation, the company has to pay a contractual penalty of CHF 1,500 per day, which totals CHF 10,500).
Insofar as the offers of the Service providers are no gratuitous, the valid prices are those that are published at the time the contract is entered into.
The Service provider reserves the right to change the prices. They come into force for all users at the same time and also apply to current orders.
However, the User of a paid is entitled to end the contract by notifying the cancellation within a period of two weeks after being informed of the new prices, and with effect from the date at which the new prices come into force. In this case the price is calculated pro rata temporis.
5. Advertisements free of charge
The online free advertising is only for ads of apprenticeship positions.
We constantly check the quality of our advertisements. Advertisements which do not meet our criteria are re-categorised and charged as per our normal rates, thus preventing the free insertion of other types of positions by this mean (for further details, please refer to quality directives).
6. Duration of contract; deletion of advertisements; payment terms
After termination of the advertisement contract, the Service provider is not obliged to retain the advertisements posted.
Contracts are entered into for at least 30 days or in accordance with other contractual regulations and cannot be terminated prior to this date. User may opt to delete their advertisements, profiles or data or have them deleted prior to expiry of the contractual term at any time. In these cases, as in the case of all deletions carried out by the Service provider on the basis of these GTC, full payment shall be due and no refunding can occur.
Besides the offer for unique advertisements, all contracts are concluded on a tacit renewal basis. If users do not wish to renew their subscription, they must inform the Service provider by registered letter, allowing a period of notice of one month before the contract renewal date.
Unless agreed upon otherwise in writing, invoices must be paid within 30 days from the day of the invoice without deductions (net net). Any intermediate (agency) commission must be agreed upon in advance in writing. In the case of late payments, 5 % interest on total amount will additionally be charged.
In the case of prosecution, delayed payment or bankruptcy, no discounts and agency commissions are charged. Any agency commission already paid will be reclaimed and 5% of the total sum (at least CHF 50.00, max. CHF 300.00) will be charged. The Service provider reserves the right to check the creditworthiness of clients or agents.
7. Place of publication, linking/framing
We refer the potential Job advertisers to the fact that, given the present state of the art, it cannot be guaranteed that the ads published on the Service provider’s platforms will not also be copied, linked and/or re-published and presented by other internet providers as their own offer with the aid of frames. We strive to prevent copying, linking and/or framing in the above-mentioned sense within the limits of what is technically and legally possible and the potential employer transfers to the Service provider the right (not the duty) to take legal action against any unauthorised use of whatever nature of the advertisements. If unauthorised copying, linking and/or framing or any other unauthorised use by third parties occurs, this does not entitle the party placing the advertisement to make any claims against the Service provider.
8. Data protection
The Service provider only asks for necessary data and handles them with care. Please read our data protection declaration
The Service provider adheres to the regulations of the data protection act, but is unable to guarantee the full confidentiality, integrity, authenticity and availability of personal data. Users shall note and consent to the fact that personal data is also retrievable in countries in which legislation is lacking that guarantees appropriate data protection.
Users are responsible for complying with data protection when accessing personal data (including from overseas) and processing it. The storage of data on data carriers etc. shall be handled restrictively, printouts handled in confidence and non-required personal data deleted immediately etc.
Jobseekers are advised that all users registered as Job advertisers have access to the selected profiles and the data sent to them by Jobseekers.
In the event of anonymous advertisements, jobseekers accept that they will not have access to the identity of the Job advertiser, irrespective of the outcome of the selection process.
The User is thereby in agreement that advertisements posted on the job board may be distributed across further channels by the Service provider (e.g. social media channels or mobile portals).
The User and agent agree that the ads and profiles placed by them cannot be used by third parties. In particular, the User and agent do not allow the transfer of ads and profiles to other online services by third parties and transfers to the Service provider the right to prosecute if the ads and profiles are used otherwise.
By signing in, the Jobseekers consent to the transmission via e-mail of their profile data, freely available for application, to the attention of registered companies.
9. Alterations, interruptions to and discontinuation of the Online offer
The Service provider reserves the right to adapt the Online offer to technical innovations or change it because of other factors. Such changes may be put into effect by the Service provider at any time.
The Online offer is available 24 hours a day. However, the Service provider cannot guarantee minimum availability. The Service provider reserves the right to suspend the Online offer in whole or in part.
Given well-founded cause to suspect non-contractual, illegal or immoral use of the Online offer by a customer, the Service provider may delete the concerned contents or restrain the User access without giving notice or reasons.
In particular, in the event of changes to or interruptions, suspensions of the Online offer and deletions of contents, the customer shall have no right of withdrawal from the contract and/or reduction or refund of remuneration.
The User is responsible for the content of his ads and profiles and all other data provided by him. In particular, the User guarantees that the data are legal, correct and up-to-date. The User ensures the confidentiality of his User data and all the activities carried out through his access. In particular, the User is obligated to treat confidentially the usernames and passwords assigned to him and to make them available only to authorised persons within the company. The User is liable for damages if the usernames and passwords assigned to him are abused.
The User is liable to the Service provider, its institutions, employees and auxiliary persons for all damages resulting from the use of the Online offer, irrespective of culpability. If the Service provider, its institutions, employees and auxiliary persons, as a result of the use of the Online offer by the User, is prosecuted by third parties of official bodies, then the client frees the Service provider, its institutions, employees and auxiliary persons from any third-party claims and assumes any judiciary and extra-judiciary costs. The User is obligated, upon third- party notice, to attend legal proceedings.
Any liability of the Service provider, its institutions, employees and auxiliary persons is excluded, in as far as legally permissible. In particular, no liability is assumed for the availability, correctness and completeness of the Online offer, for damages resulting from the use of the service by a person who is not a registered User and for a User’s/any third party’s illegal and immoral acts.
11. Final provisions
Place of jurisdiction is Zurich. The Service provider is, however, authorised to assert his rights in the User’s place of residence or with regard to any other public authority. Swiss law applies.
The latest version of the terms and conditions published on the Internet applies between the User and the Service provider.
15, rue des Alpes
Case Postale 1730
1211 Genève 1
Telephone: 022 707 14 00
Fax: 022 707 14 09