General Terms & Conditions of business for the PsychJOB online job market
PsychJOB is an online job market that links employers and applicants in the field of psychology. PsychJOB is directed at companies and organizations that wish to advertise job vacancies in Switzerland. The advertised jobs are directed at people who are or can become eligible to work in Switzerland. PsychJOB provides employers with the opportunity to publish job advertisements and present company profiles. Applicants can create individual profiles, upload their CV and apply directly for advertised vacancies. The General Terms and Conditions apply to all agreements between the Publisher and the Customer concerning the services and products offered by the Publisher in the context of the online job market PsychJOB.
These General Terms & Conditions also apply to future business relationships without express reference to them being required again. Alternative agreements, in particular any business terms of the client that conflict with these, require the consent of the publishing house.
I. General provisions
1 Data protection
The data protection policy form is part of the contract.
2 Registration as a user
(1) You can register with PsychJOB free of charge. You do not have a right to be accepted. Only persons with unlimited legal capacity are entitled to participate. You must complete the electronic registration form on our website to be accepted. The data required for registration shall be provided in full and truthfully. Your personal access data and password are required for registration. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
(2a) Employers have the option of setting up master data in their “Login Profile”. This is saved on PsychJOB and used, for example, when issuing invoices. Information about the company name, contact and address are mandatory entries and must be completed by the employer.
(2b) Applicants create an “applicant profile”. This is required for an application process through PsychJOB. In order to create a profile of this sort, applicants are required to provide their full name, address, desired job title, professional area, type of employment and current career status. In addition to this mandatory information, other information can be provided voluntarily. This also includes the option of uploading an application photo and integrating it into the PsychJOB profile. A detailed CV can be saved under “CV”. In the applicant profile, it is also possible to set up a JobAgent, which allows applicants to receive new offers by e-mail and search for specific companies.
(3) If your personal details change, you are responsible for updating this information. All changes can be made online after you have logged in under “Login”.
3 Subject matter of the Agreement
The subject of the Agreement is the publication of job advertisements submitted by you. Please see our overview of prices for the key features of the advertisement types that we offer.
II. Conclusion of the Agreement and conditions
1 Steps to conclude the Agreement and contract text for employers
(1) Once you have selected “Create job ad” and chosen from three types of job (Job by template, Job by link or Job by PDF), the order pathway through to publication of your advertisement comprises the following steps:
- Creation of the job advertisement: Information must be provided about the title, description (Job by template) or link (Job by link) or PDF (Job by PDF), company/organisation, location, type of appointment, professional field and application process before you can move on with “Continue”. Other, optional information can be provided. This includes the option to integrate the company logo into the job advertisement.
- Open the preview to check the details by clicking on “Continue”
- Select additional upgrades so that the job advertisement can be found more easily, with “Continue”
- Verification of all details in the order summary and selection of invoice address, followed by agreement to the General Terms and Conditions, and binding submission of the order by clicking on the option “Order and pay now”
- Automatic delivery of invoice by e-mail
- Display of the active/inactive job advertisement in the “Manage job ads” section in the dashboard area (= conclusion of contract)
(2) Your fee-based order is completed with the “Order and pay now” button.
(3) Before the binding submission of the advertisement you have created, you can return to the page on which the details were compiled by clicking the “Back” button on the Internet browser you are using in order to correct any input errors after you have checked your details. You can cancel the order process by leaving it or closing your Internet browser.
(4) Existing job advertisements can be edited in various ways. In the “Actions” field, the employer has the option to choose between the actions “edit, deactivate, delete, extend and translate”.
(5) When we accept your order, we place the advertisement submitted online. With the e-mail invoice/order confirmation, you will receive the contract text and the Terms & Conditions. We store the complete text of the advertisement. You can access this contract text online in your customer area.
(6) After the advertisement has been published, potential candidates are suggested to you in the form of anonymized short profiles based on a matching algorithm. To receive detailed information on one of the recommended candidates, you can send contact requests. Credits are required for sending contact requests, which can be booked in advance in the form of various quotas. The order process for booking credits has the following technical steps:
- selecting the contact request package by clicking on the "Book Now" button on the website in the "Products" section.
- verification of all data in the order overview and selection of the billing address with subsequent binding submission of the order by clicking the button "Order now with costs".
- automatic sending of the invoice by e-mail
- showing the existing CV contact requests credits in the Dashboad area "Manage job ads" or "Booking overview" (= contract conclusion).
2 Prices and payment conditions
(1) The agreed price is due for payment without discount on receipt of the invoice to the publishing house’s bank account. You receive the invoice by e-mail to the invoice address you have specified.
(2) Payment periods are deemed to have been met if the publishing house is able to dispose of the amount within the period.
(3) If you cancel your payments, you are insolvent or insolvency proceedings have been filed, the total claim of the publishing house is due for payment immediately.
III. Rights of third parties and removal of prohibited content
(1) The advertisements created including the text, images and links they contain are external third-party content for which the publishing house is not responsible. In particular, we are not obliged to monitor third-party content or check it for compliance with the law. We reserve the right to remove advertisements and block users insofar as we have legitimate grounds to believe that advertisements breach statutory requirements, official bans or third-party rights or offend common decency.
(2) You shall assure us on transfer of the advertisement text and image material that you own the rights to them. You grant us the right to use and publish all advertising elements (images, texts, etc.) for the agreed publication period.
(3) We wish to point out that use of material protected by copyright (text, images, etc.) in the advertisement is prohibited unless you have corresponding consent from the copyright holder. You are also responsible for the advertisement’s compliance with the law in other respects.
(4) We reserve the right to reject orders for advertisements without specifying the reasons. We are further entitled to remove advertisements that have already been published from our website if we ascertain that or our attention is drawn by third parties (by a warning or similar) to the fact that advertisements breach statutory requirements, official bans or third-party rights or offend common decency. The same applies if links are provided within the advertisement to pages with prohibited content. You do not have a right to reimbursement in these cases.
(5) You shall indemnify us on initial request against all claims made by third parties on the basis of prohibited content or other breaches of the law that are pursued against us.
IV. Limitation of liability and warranty
(1) In view of the current state of technology, data communication over the Internet cannot be guaranteed to be fault-free and/or available at all times. To this extent, we cannot accept liability for continuous, uninterrupted availability of our online job portal. If our servers crash, we shall undertake all reasonable steps to restore availability promptly.
Wherever possible, we shall carry out maintenance work between the hours of 10:00 p.m. and 4:00 a.m. Maintenance periods do not constitute a deviation from the agreed quality of service if the downtime does not exceed 3% of the billing period. Downtimes that are the result of unforeseen system failures for which we are not responsible shall not be considered (e.g. force majeure, system backup, virus attacks, etc.).
(2) The publishing house reserves the right to modify, extend, limit or suspend the functions of the environment in which the advertisements are published at any time and to delete advertisements that have expired at any time and without further notice. We further reserve the right to place advertising, including our own advertising, in the job advertisement environment to a reasonable extent.
(3) We wish to point out that, in view of the current state of technology, copying, linking or framing of job advertisements by third parties cannot be prevented. The publishing house can therefore not accept liability in this connection.
(4) The publisher is only liable in case of intent or gross negligence. In no event shall the publisher be liable for consequential damages and lost profits. If, despite all due care, the publisher is unable to fulfill its contractual obligations due to force majeure, such as natural events, armed conflicts, strikes, unforeseen official restrictions, technical disruptions that can be attributed to the area of responsibility of third parties, the customer shall have no claim to fulfillment of the contract for the duration of the event.
(5) Otherwise, claims for damages are excluded. In particular, the Publisher shall not be liable for misuse of the Internet and related damage to the Customer by third parties, for security defects and disruptions of the telecommunications networks of third parties and the Internet, or for interruptions of service and disruptions of the applications and online platforms of the Publisher and third parties. The liability of the Publisher is in any case limited to the amount of the remuneration paid by the Customer to the Publisher in connection with the relevant service.
V. Quality assurance
Our aim is to provide you with a job portal with the features that you can expect on the basis of our presentation. If, however, you are not satisfied, we ask you to provide us with feedback. In this way, we can find a solution together.
Please direct any complaints to: Hogrefe AG, Länggass-Strasse 76, 3012 Bern, Schweiz, Telephone: +41 31 300 45 00, e-mail: email@example.com
VI. Concluding provisions
(1) The language of the Agreement is German.
(2) Swiss law shall apply to the exclusion of conflict-of-law rules and the Vienna Sales Convention. Exclusive place of performance and jurisdiction is Bern, Switzerland.
(3) If individual provisions of this Agreement are invalid or contradict statutory regulations, the rest of the Agreement shall remain unaffected. The invalid provision shall be replaced by a legally valid provision which comes as close as possible to the economic meaning and purpose of the invalid provision, by mutual agreement between the Contracting Parties. The above regulation also applies to loopholes in provisions.