feedback

Sending your message. Please wait...

Thanks for sending your message! We'll get back to you shortly

There was a problem sending your message. Please try again

Please complete all the fields in the form before sending

Wednesday, 23 May, 2012

Language: English

Terms of service

 

GENERAL TERMS AND CONDITIONS


1. Scope and object - These terms and conditions apply to all legal relationships mynewjob.ch is entering with companies and job recruitment agencies regarding the use of its internet platform (henceforth referred to as "clients"). Other terms and conditions, except the ones of mynewjob.ch, will only become subject terms of the agreement, if explicitly agreed in writing in each individual case.

2. Services from mynewjob.ch - Within the restricted area of the internet platform, mynewjob.ch gives the client the opportunity of utilizing the products, services, and databases offered there. Nature and scope of services due, as well as, prevailing conditions are determined by the respective license agreement in additional accordance with the contents of the mynewjob.ch website at the time of the conclusion of the contract. The listed services of mynewjob.ch are non-binding information prior to accepting the license agreement.

3. Acceptance of Agreement - The agreement is concluded after the client accepted the terms and conditions with the online registration. Exclusive contractual languages are German, French, and English.

4. Information Provided by the Client - The client guarantees to publish only information in accordance with facts in his job listings. Furthermore, he guarantees not to publish any illegal, immoral, or misused contents on mynewjob.ch. All contents are considered misused, if they do not exclusively initiate a definite service or employment contract. mynewjob.ch is authorized to delete false, illegal, immoral, and misused contents without prior warning. The client's obligation of payment for the contractually agreed charges is not affected by the deletion.

5. Use of Available Data - Within the framework of the agreement, it is possible to access the pool of applicants of mynewjob.ch for a separate charge, in that case the following regulations apply: Collection, processing, and use of available data by the client is subject to a strict appropriation. The data may only be retrieved and used to initiate service or employment agreements and only with regard to specific job vacancies, data disclosure to third parties is not permitted. It is not allowed to contact the applicants directly within the scope of access to the pool of applicants, insofar as illegal contents or messages are mailed for the purpose of solicitation or there is violation of public decency. mynewjob.ch is authorized to discontinue service by blocking access and reserves the right to remove these contents from the website without prior notification. The client will be immediately notified of such measure. As a result of this, the client is not entitled to a refund. If the client and mynewjob.ch are in competition with each other, mynewjob.ch will also be able to pursue existing claims under competition law by judicial process without prior warning. mynewjob.ch expressly reserves the right to enforce other legal or contractual claims resulting from handling of data in violation of the agreement, data or privacy protection.

6. Warranty and Liability - mynewjob.ch is committed to deliver its contractual services due as agreed upon. mynewjob.ch is not liable for: a) damages to the client due to employment initiated or concluded through mynewjob.ch; b) content, current status, correctness, and completeness of the information provided; contents uploaded by jobseekers or were identifiably hired by other third parties; c) contents on external websites being referred to in connection with this online offer. Furthermore, any liability to the client completely and to third parties with regard to a possible contractual liability is generally excluded.

7. Mailing and transmission risks - With services requiring the transport of items or the transfer of data to the client, mynewjob.ch is liable for shipment according to specifications to the client, whereas the client shall bear the risk connected with transport or transmission respectively. Communication taking place in connection with this agreement can also be carried out by e-mail, unless the law requires a stricter form for the respective statement or the client explicitly objects to this form of communication.

8. Trademark Rights/Intellectual Property/User Rights - All of the texts and images on the internet platform of mynewjob.ch are copyrighted. User rights granted to the client in the agreement, are limited to the country Switzerland and non- transferable. However, the client may interact with employees of his company while using our website. Nature and extent of the user rights granted are determined by the contractual agreement in connection with the software products defined in the product selection and run on the internet platform. Software products usually consist of standardized computer programs and additional documentation available online. The user rights granted to the client are limited to the intended usage, as described below. Intended usage, according to the agreement, is the complete or partial downloading, storing, transmitting, changing, running, and distributing of the programs in compliance with the program's intended purpose stated respectively by mynewjob.ch, and the program's instructions available for the program. However, each usage, particularly the copying and acceptance of texts from the data base selection is only permitted for the client's internal business use. Usage for other purposes, particularly commercial usage and/or gratuitous or non-gratuitous transmission to third parties is prohibited. Each usage exceeding the usage granted in the respective agreement in connection with these terms of usage, requires the expressed and written transfer of use from mynewjob.ch. Violation of this paragraph's provisions gives mynewjob.ch the right to terminate the agreement without notice without the right to further claims.

9. Data Protection -

9.1 Client information: At the request of mynewjob.ch, the client provides information about results in numbers and percentages of individual activities (e.g. number of job applications for a job listing). The data derived from that are exclusively used for the purpose described in the official business documents of mynewjob.ch.

9.2 Data Protection Statement: mynewjob.ch is committed to comply with the regulations of the Swiss Federal Data Protection Act. Apart from that, mynewjob.ch refers to the published explanations of data protection published on the mynewjob.ch website.

9.3 Newsletter: The client is hereby informed that mynewjob.ch is storing his e-mail address in electronic form at the time of the subscription to the newsletter. The stored data are exclusively used for the purpose of mailing the newsletter.

9.4 Data Storage and Use: With the registration of the client and his/her employees, data are stored for setting up and managing their accounts. When the client is using the range of services, data can additionally be stored with mynewjob.ch and third-party suppliers.

9.5 Evaluations: At the client's request, mynewjob.ch can create employee profiles. The client has to assure that any co-determination rights of employees or their responsible employee organizations are taken into account and the employee's consent to the evaluation of his data is available. The client indemnifies mynewjob.ch against all claims on behalf of the employees or third parties.

9.6 Declaration of consent: Prior to the registration of his data, the employee has to give his consent to storage and use of his data. The client accepts the data storage and use mentioned above; without notification to the contrary by the client, mynewjob.ch can also assume that the declaration of consent from all employees of the client is also available.

9.7 Data deletion: After the client's request, mynewjob.ch will delete or anonymize any stored personal data, unless they are still required for further settlement of the contract. Each party is liable for compliance with the relevant data protection terms.

10. The client's identification - The usage of mynewjob.ch's services and support by the client is executed through one or several contact persons or departments, each with its own identification. When mynewjob.ch's fee-based services and support are used on the internet, employees of mynewjob.ch will not identify the user. Identification is assured with the personal login and a personal password on the internet.

11. Confidentiality - The client has to make sure that unauthorized persons are not able to have access or, in any other way, take notice of personal passwords. The client is responsible for damages incurred by unauthorized persons due to unauthorized use of passwords. Both contractual parties are mutually committed to uphold confidentiality of all not publicly known documents and information that are related to the business sphere of the other contractual partner and become accessible to them at the time of preparation and implementation of this agreement. This liability remains, as long as there is legitimate interest in it, also after termination of this agreement. mynewjob.ch guarantees that the personal data of clients will not be handed over to third parties in any form or used in any other way than for the purpose mentioned above. Both contractual parties are to ensure that employees who are in the position to access data available under the agreement, are obligated to comply with these confidentiality provisions.

12. No Right to Offsetting and Right of Retention - The client has no right to offset his claims for damages with outstanding and due accounts of mynewjob.ch and/or to withhold documents, software, and/or hardware belonging to mynewjob.ch, unless his counterclaims are legally valid or recognized by mynewjob.ch.

13. Due Date Interest and Default - Cost for subscribed services are payable immediately upon receipt of confirmation/invoice without deductions. At default, the interest rate of 8 % above the applicable base interest rate at the time, plus the statutory value added tax, will be charged. If the client defaults on his bill, mynewjob.ch has the right to temporarily discontinue the contractual obligation to execute orders and provide any services, until the balance due is paid in full.

14. Contract Periods - The time period of the agreement is dependent on the booked products and can last from a one-time set-up to several months. The starting date for receiving these services does not depend on the calendar. In agreements with a time period of more than 6 months, if the procurement of services is not cancelled by one of the parties three months before the expiration of the agreement, the procurement of services will be automatically extended by the originally arranged time period.

15. Entitlement for Remuneration - The entitlement for remuneration of mynewjob.ch is based on providing the services as contractually arranged. It is insofar immaterial, if the client will actually use these services.

16. Loss of services - If mynewjob.ch is unable to provide its services because of severe reasons (e.g. because of act of nature, power failure, failure of the electronic data processing), the obligations rest at mynewjob.ch to the extent and for the duration of the disruption, unless at least gross negligence concerning this matter can be proven on the part of mynewjob.ch. The loss does not qualify for compensation.

17. Success of the Services - mynewjob.ch will mail the job offers sent by clients for applicants, to the applicants within one business day. The applicants are not obligated to respond to the received job offers. If there is a conclusion of the agreement between applicants and a client, there is no obligation of the applicant or the client to pay a commission to mynewjob.ch. mynewjob.ch has no direct influence on the applicants' reaction to the advertised job offers and consequently assumes no liability for the number of possible notices. In addition, mynewjob.ch does not guarantee any success in establishing an employer-employee relationship between the applicant and possible clients on the basis of forwarded job offers.

18. Change of contracting parties - This agreement may only be forwarded to third parties after prior written consent from the other contracting party. However, mynewjob.ch is authorized to forward this agreement to CRT AG or a subsidiary of CRT AG even without the client's consent.

19. Change in Terms and Conditions - mynewjob.ch is authorized to adjust terms and conditions at any time, insofar as essential provisions of the agreement remain untouched as a result and it is necessary to adapt to changes which were unforeseeable at the time of signing the agreement, and non-consideration of them would noticeably disturb the balance of the agreement. Essential adjustments are particularly those concerning nature and scope of the contractually agreed services and the contract period, including adjustments for cancellation. In addition, changes can be made to close loopholes that emerged after the signing of the agreement. This is particularly the case when a change in the jurisdiction occurred that has influence on the regulations stated in these terms and conditions. Service descriptions can be changed, as long as there are no significant changes in the service, if technical innovations concerning the matter, are on the market or suppliers of mynewjob.ch change their range of services requiring an adjustment, and the user is not really at a disadvantage because of this. Negotiated prices can be raised to offset higher supplier expenses or an increase in the value added tax. mynewjob.ch will expressly point out the adjustment to the user, barring a price increase based on increased value added tax. The user has the opportunity to object to the changed terms and conditions within a period of six weeks. mynewjob.ch points that out expressly in each adjustment. If the user does not object to the change within the deadline, the new terms and conditions go into effect for this user at the end of the deadline.

20. Place of Execution - Place of execution is the registered office of mynewjob.ch (CRT AG).

21. Applicable law - All legal relations between the client and mynewjob.ch (CRT AG) are exclusively subject to Swiss law.

22. Right of revocation - Each user has the right to revoke the contractual relationship within 2 weeks without giving grounds, beginning from the receipt of this revocation notification in writing, e.g. by letter, fax, or e-mail to mynewjob.ch with the address indicated under the next section category. or the e-mail address info@mynewjob.ch. The time period begins at the earliest with the date of entering the agreement (start of membership). If notification is given after entering the agreement, the time period is one month. Your right of revocation expires prematurely, if the agreement has been fully met at the express wish of both parties, before you use your right of revocation. Revocation consequences, in case of a valid revocation, each party is to return the services received to the respective party and, if necessary, any realized usage (e.g. usage advantages).

23. Disclaimer - mynewjob.ch cannot be responsible for contents published or made available by third parties, including clients and partners. Although mynewjob.ch does not tolerate its platform being misused to spread false and illegal (according to Swiss or International Law) information, all responsibility still remains with those natural or legal persons using the servers and storage media for the purpose of storage and/or distribution of such materials. mynewjob.ch expressly reserves the right to reject contents and/or delete material from its data media. This particularly applies to material/contents violating legal or regulatory prohibitions or good morals or to the display unacceptable to mynewjob.ch for any other reason. mynewjob.ch also has the right to remove these contents from mynewjob.ch-internet pages without prior notice to the client. The client will be notified of such a measure and is not eligible for a refund because of that. Under no circumstances is mynewjob.ch responsible for any contents accessed by hyperlinks. Clients, partners, and all visitors of mynewjob.ch are reminded of their own responsibility and asked to use caution when surfing the net.

UPDATE: 01/02/2012