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Terms and Conditions
Preamble
The General Terms and Conditions listed hereafter specify the general conditions for using the services of “jacando Match”, “jacando Admin”, “jacando Talent”, “jacando Track” and “jacando X” as well thus form the integral part of the contract for the provision of all webbased services (including the provision of an application management, matchmaking, talent support, time tracking, payrolling etc.) between our customers and jacando AG. If no other written contractual agreement between jacando AG and the customer exists, the General Terms and Conditions described hereafter apply and are tacitly accepted.
Web-based services
- Fee
jacando’s claim for a fee arises upon the closed contract between both parties (jacando and customer). The fee is to be specified in a separate agreement.
- Payment date of the fee
The fee is chargeable and due for payment upon the customer’s receipt of the proper invoice in accordance with clause 1.3.
- Terms of payment
The invoices of jacando AG are to be paid within ten days of receipt, net and without discount. The invoices are deemed accepted if no objection to them is raised in writing within ten days of receipt. The offsetting of any claims of the customer with the claims of jacando AG is excluded.
- Contract duration
The contract duration is agreed in an individual contract for every customer. Given the situation, that no explicit duration is mentioned in the individual contract, a period of 12 months is assumed. The contract is automatically extended at the end of the contractual period for the same length – unless it is terminated by the customer or jacando party in accordance with the following regulations. Either party may terminate the service by giving two months prior written notice to the other party.
Availability
jacando strives to provide the web-based services with the highest possible reliability and availability. Accepting these Terms and Conditions includes the customers’ knowledge and agreement that an availability of 100% can not be realized for web-based services. Any brief malfunctions or non-availability (for example, by maintenance or security work and external factors on public communications networks and power grids) can restrict the use of the account. All claims against jacando, due to a limited availability, are excluded.
Data protection & disclosure requirements
The personnel files, which the customer can access online via his portal (e.g. subdomain.jacando.com), are the property of the customer. All data must be treated confidentially. jacando AG assures the customer that it has collected the personal data in accordance with applicable data protection law. All personal data entered by the customer via his or her portal (subdomain.jacando.com) for the purpose of candidate / employee management will be processed and used by jacando AG on the customer’s behalf.
jacando AG ensures that jacando AG is specified as service provider of the web-based offering. In addition jacando will publish all information according to a data policy in line with legal requirements.
Liability
Insofar as nothing to the contrary arises from the effective provisions of these GTCs, jacando AG has unlimited liability for damages to the customer caused deliberately or through the gross negligence of jacando AG, its legal representatives, officers or agents. In cases other than those mentioned, the liability of jacando AG – irrespective of the legal reasons – is excluded. Compensation claims of the customer resulting from injury to life, limb or health that are based on a breach of duty of jacando AG remain unaffected by this exclusion of liability. Furthermore, jacando AG exempts the customer from all claims asserted by third parties against the customer, provided or insofar as these claims are based on a breach of duty of jacando AG, particularly in case of an infringement of clause 3 of this contract.
Value added tax (VAT)
All services provided by jacando AG are subject to the Federal Law on VAT. Consequently, the fees and/or costs laid down in the General Terms and Conditions are increased by the amount of VAT that applies.
Non-disclosure
The customer allows jacando AG to exchange data needed for the conclusion or the execution of the contract with authorities or companies, if and to the extent necessary for contract implementation.
Court of jurisdiction and applicable law
The court of jurisdiction for all disputes between jacando AG and a customer regarding the existence, interpretation or performance of a contract is the seat of jacando AG in Basel.
These General Terms and Conditions are subject to Swiss law.
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