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Jobstoday is operated by Sunny Look Media GmbH – hereinafter Jobstoday – and is represented by its Managing Directors. Any access, retrieval, display and use of data and the visit to Jobstoday as well as the use of the services offered and any delivery or receipt of statements are based solely on these General Terms and Conditions. Thus, any Client who accepts the offer of Jobstoday can enter into a contractual relation with Jobstoday.
These General Terms and Conditions govern the contractual relationship between the Client and Jobstoday and they apply to all agreements between Jobstoday and the Client covering services and products of Jobstoday.
The Jobstoday platform contains data and information protected by trade mark as well as by copyright. Therefore, it is forbidden to reproduce, distribute and download the website either in full or in part. Technical duplication for browsing or reading, as well as a permanent copy for one’s own use is however permitted.
Infringements shall be prosecuted pursuant to applicable law to its full extent. Explicit reference is made to a criminal offence pursuant to § 106 of the UrhG (Copyright Act).
All copyrights and trademarks, as well as experience with applications and online platforms of Jobstoday are the exclusive property of Jobstoday. To the extent the Client makes contractual use of the application of Jobstoday, he shall have the right to the copyright, trademarks and/or experience in respect of the use of Jobstoday, but the Client shall only be entitled to those non-exclusive and non-transferable rights necessary for the use by a third party and only for the length of time corresponding to the respective contractual relationship concluded by the Client with Jobstoday (see paragraph 12). This section also applies analogously to these applications. The rights to the applications and online platforms of Jobstoday which are made available to the Client and the use of third-party applications (see paragraph 12) are personal and not transferable. All documents relating to real estate provided by Jobstoday on behalf of the Client as well as photos and documents created, are the property of the Client.
Jobstoday grants the Client right of access to those applications of Jobstoday which are subject to the relevant agreement between Jobstoday and the Client by means of a user ID and a password . For Jobstoday, the Client is the person who uses the user ID and password, irrespective of whether this person actually has permission to access.
Unless expressly agreed otherwise, the relevant applicable price list of Jobstoday for the product in question shall be used to calculate prices. These price lists are permanently accessible in the relevant applications on the Internet. Jobstoday reserves the right to adjust the prices according to market and/or price development at any time. These price adjustments shall also be applied to existing agreements unless expressly agreed otherwise. The prices are net in Swiss francs exclusive of VAT unless expressly agreed otherwise. The payment deadline is 10 days from the date of the invoice. If the customer does not pay within this payment deadline, Jobstoday may terminate the agreement immediately without compensation nor notice. In case of payments not made in timely manner during the current period of validity of the agreement, Jobstoday shall also have the right to suspend the Client's access to applications. After completing all payments due, the suspension shall be lifted. In this case the customer shall not be entitled to an extension of the pre-established period of validity of the agreement for the duration of the suspension. Once the payment deadline has expired, default interest of 1% monthly shall be charged. In addition, dunning costs of CHF 50.00 per reminder are to be paid. The Client shall further bear the damages incurred by Jobstoday due to default and/or termination of the agreement.
Jobstoday provides its services twenty-four hours per day and seven days per week. Operational interruptions shall be announced previously within a reasonable time insofar as this is possible. Jobstoday shall remove any interference of technical equipment within the framework of the available technical options as soon as possible. Announced availability interruptions associated with system maintenance shall be accepted by the Client to the extent they are necessary.
Any service and performance delay or outage for which Jobstoday is not grossly responsible shall not entitle the Client to a reimbursement or reduction of the agreed fee to be paid for the service. This applies especially to the use of unsuitable software and/or hardware for viewing (e.g. browsers) or the failure of communication networks and gateways of other operators. In all other cases, Jobstoday shall be allowed to postpone or extend the permission to use the service for the duration of the failure plus a reasonable lead time. Entitlement to reimbursement shall only exist should the above be unreasonable for the Client, in the event of a partial delay in performance or a partial absence of a pro-rata reimbursement
The object of these General Terms and Conditions is the legal relationship between Jobstoday and the job seekers who use its platforms and partner platforms as well as job advertisers and recruitment agencies with respect to the products and services offered by Jobstoday. These General Terms and Conditions apply to any use of the products and services offered by Jobstoday (in particular the publication of job advertisements, offering of profiles, retrieving of job advertisements and profiles as well as submitting candidacies to job advertisements).
The acceptance of these General Terms and Conditions takes place by signing a written agreement of cooperation or a written offer, by express or implied acceptance of an order confirmation, by payment of an invoice or by using the products and services offered by Jobstoday. The user may be prompted to express his consent to these GTCs by activating a corresponding input field when using the websites of Jobstoday.
Jobstoday reserves the right to modify these General Terms and Conditions at any time. The version of these General Terms and Conditions currently available on the webpages of Jobstoday shall be deemed as valid agreement between the user and Jobstoday. Jobstoday shall inform the user in advance, through its website or in any other appropriate manner, of any amendments to these General Terms and Conditions.
Jobstoday reserves the right to change its service offer at any time without prior warning and/or notice or to discontinue its services in full or in part. Such a change in the service offer or its cessation shall not entitle the user to assert any claims against Jobstoday. However, in case of significant changes or cessation of the service offer, Jobstoday shall strive to provide the user with an equivalent offer.
Once the customer has signed an agreement or agreed to the receipt of services and/or products via the Internet, the agreement in question shall enter into force including these General Terms and Conditions. Jobstoday reserves the right to rescind any agreement concluded with the Client by an employee or an agent of Jobstoday or via the Internet without expression of cause and without liability for damages within 14 days. In case of a use of the services contrary to the agreement, unlawful or immoral on part of the Client or in the event that the Client gives cause for a complaint due to submitting poor quality information to Jobstoday, such as advertisement data, Jobstoday shall be entitled to immediately withdraw from the agreement without compensation consequences and to cease the provision of services without prior notice to the Client. In such a case the price already paid in advance for a fixed term shall be forfeited, without the Client having any claim to the reimbursement thereof.
No legal right of return exists.
The Client may not assign the contractual relationship with Jobstoday without the written consent of Jobstoday to a legal successor, nor can claims from the contractual relationship with Jobstoday be assigned to third parties without the written consent of Jobstoday.
Premature termination of an agreement concluded fora fixed term or a minimum term is excluded. In particular, in case of early cancellation of job advertisements, profiles or data, full compensation shall be due and the user shall not be entitled to a refund of payments already made. This principle shall also be applied in the case of cancellations or suspensions implemented by Jobstoday on the basis of these General Terms and Conditions or other contractual clauses.
After the end of the agreement, Jobstoday shall have no obligation to store the data and documents provided or to return them to the user, unless storage or returning has been expressly agreed.
Online payments are undertaken by the partner companies Postfinance () and SIX Payment Services (AMEX, MasterCard and Visa, www.six-payment-services.com) and processed through our interface. Please also read their privacy policies carefully. Your card information is stored only for the transaction and encrypted to be transferred to the partner companies. Jobstoday itself does not store any unencrypted credit card information.
Each party undertakes to comply with the specific provisions of this confidentiality agreement and not to disclose them to third parties without the prior written consent of the other party (except for professional advisers and/or affiliates under obligation of confidentiality) insofar as disclosure is not required by law.
Jobstoday is obliged to comply with all currently applicable, applicable data protection regulations in accordance with the Privacy Statement. To protect the integrity of the websites, Jobstoday reserves the right to disclose the Client's contact details when prompted to do so by the regulatory authority or executing authorities. Jobstoday shall also have the right to transfer the contact information in case a complaint about the Client’s use of the website is received and insofar as the use is suspected to be a breach of contract. The Client accepts that Jobstoday may inform him by email about details on enhancements to services, major new features or other promotional announcements (including surveys) until the Client withdraws his consent thereto in writing.
The user alone is fully responsible for the content of his advertisements and profiles. He warranties that the information contained therein is correct and current.
Only those job advertisements or profiles that serve for an intended candidate search and comply with all legal requirements shall be permitted on the web pages of Jobstoday. Job advertisements or profiles shall not infringe third-party intellectual property rights, personal rights or other rights of third parties (see also Data Protection). The user agrees to post no illegal content on Jobstoday, particularly content that is racist, pornographic or infringes personal privacy.
Each published job offer must concern an actual position to be filled. The user is obliged to publish a job offer again only when a new position is to be filled. Jobstoday shall have the right to remove from its offer those advertisements or profiles not fully complying with the requirements without prior warning and justification. Moreover, Jobstoday reserves the right to exclude or suspend the user or his access to other services of Jobstoday.
The user agrees to use the platforms of Jobstoday and its partner platforms only in full compliance with all applicable legal requirements. Placement agencies and temporary employment agencies undertake in particular to have a valid operating permit and to submit a copy thereof to Jobstoday upon request.
Jobstoday reserves the right to remove any job advertisements or contents from the page that either infringe the following conditions or are in any other way contrary to the interests of Jobstoday.
Obligations to Cooperate/Liability for Illegal Client Content
The Client undertakes to assist in the legal defence of Jobstoday to his best efforts and with information and documentation insofar as possible. Further claims by Jobstoday remain unaffected.
Jobstoday shall provide the services carefully and professionally. However, Jobstoday cannot accept any liability for uninterrupted availability or absence of faults of such services. Jobstoday shall especially not be liable for any service interruptions or technical faults and the consequences resulting therefrom.
Job advertisements and profiles available on the platforms of Jobstoday are submitted by the respective users and Jobstoday can therefore assume no responsibility for the accuracy or completeness of this information.
Jobstoday strives to prevent unauthorized exploitation of the content published on its platforms by third parties. Nevertheless, any liability of Jobstoday for unauthorized processing or exploitation by third parties is expressly excluded.
Jobstoday can assume no guarantee for the success of a job advertisement or availability of a profile. In any case, the liability of Jobstoday is limited to unlawful intent or gross negligence. Any liability for indirect or consequential damages is excluded.
The user shall be responsible for the legality, accuracy and completeness of the contents provided for publishing on the platforms of Jobstoday and its partners or informed by him. He shall be responsible for the careful and confidential storage of his user data (in particular user names and passwords), and for all activities incurred using his access. The user shall be liable, regardless of his actual responsibility towards Jobstoday, for all damages and costs incurred as a result of a breach of these General Terms and Conditions or other contractual elements and releases Jobstoday from all claims by third parties as a result of his use of the platforms of Jobstoday and its partners. The damage to be compensated includes reasonable legal costs. Jobstoday shall inform the user immediately if a third party submits a claim.
Should the Client be an agency, the following additional provisions shall apply:
Each party is obliged, in connection with the use or performance of the services, to comply with the applicable laws, including labour and data protection regulations. The Client is also obliged not to take into account any candidate information concerning age, gender, religious beliefs, health, sexual orientation or ethnicity or any other information of this type when making hiring decisions. Each contracting party shall act as an independent contracting party and no provision of this agreement shall be construed as the establishment of a company, a joint venture or other forms of representation between Jobstoday and the Client or any of his employees or authorized representatives. This agreement, which may be drawn up in several copies, contains all provisions between the parties concerning the matters and transactions regulated therein and it supersedes all previous communications, understandings and agreements (whether oral or written) and all order forms or other, not originated by Jobstoday general contracting or purchasing conditions submitted by the Client or to be submitted at a later date. Any amendments or waivers shall be in writing and require the consent of both parties. Without having effect on the provision in Article 3, no party to this agreement shall assign it in whole or in part without the prior written consent of the other party by means of a merger, sale or transfer of assets or shares or in any other way. Except, in the case of Jobstoday, the assignment in connection with a merger, consolidation, reorganization or sale of all or substantially all of the assets or the transfer to a party that controls Jobstoday, is controlled by Jobstoday and is subordinated to Jobstoday subordinate or under joint control with Jobstoday ("permitted assignment"). Neither party has relied in entering into this agreement on representations or warranties that are not expressly mentioned in this agreement. Failure or delay in exercising a right or remedy provided for in this agreement by either party shall not constitute a waiver of that right or remedy, nor shall a single or partial exercise or failure to exercise a right or remedy cause the exclusion of the exercise of this or any other right or remedy arising from this agreement at another or later occasion. Should one or more obligations derived from the terms of this agreement be or become invalid due to legal or factual reasons, the validity of the remaining provisions shall remain unaffected. The contracting parties undertake to cooperate in reaching a settlement in which the invalid contractual provision shall be replaced by a legal and actually admissible and effective provision in order to achieve the intended objective of the invalid provision. The same applies to the filling of gaps in the agreement. This agreement and its interpretation are subject to Swiss law with exclusion of the uniform UN sales regulation. The exclusive place of jurisdiction is Switzerland. All notices under this agreement shall be sent by registered letter with acknowledgment of receipt or by overnight courier to the address specified in each order form and shall be deemed to be effective on the date on which they actually arrive.
The Client shall bear all risks occurring as a result of tampering with his computer system, due to malfunction of his computer system and/or as a result of an improper use of access rights.
Should any provision of this contract be ineffective, the validity of the remaining provisions shall be unaffected. The parties are obliged to replace the invalid provision with a valid provision as close as possible.
This contract is subject exclusively to Swiss law, under exclusion of international conflict of laws. The exclusive place of performance and jurisdiction is that of the registered office of Jobstoday. Jobstoday is entitled to sue the customer at the place of his domicile/residence.