General terms and conditions
General provisions, scope, conclusion of contract
1.1 Career Peakr Schweiz AG, Küsnachterstrasse 57, 8126 Zumikon (“Provider”), as a leading specialist in personnel placement and recruiting in Switzerland, provides all deliveries and services exclusively on the basis of these General Terms and Conditions (“GTC”). Terms and conditions of the Client that deviate in whole or in part from these GTC are not recognised unless the Provider has agreed to them in writing. The Provider’s GTC also apply exclusively if the Provider renders services without reservation in the knowledge of conflicting terms and conditions of the Client.
1.2 The Client’s offer to conclude the intended contract or intended individual assignments within the scope of the contractual relationship consists either in the confirmation of electronic ordering mechanisms or in the confirmation of agreement to a quotation submitted by the Provider. This may be made in writing to the Provider, for which a fax is sufficient, or by sending an electronic declaration, where this is offered in the individual case. The Client shall remain bound by its offer for 14 days. The contract is concluded only upon the Provider’s express acceptance of the Client’s offer or upon the Provider’s first act of performance recognisable to the Client.
Subject matter of the contract, Client Account, third-party services
2.1 The Provider renders a recruiting service to the Client in the form of individual search assignments (individual assignments), the duration and scope of which are determined by the respective service description of the selected service package, as defined in more detail in the quotation.
2.2 As part of the recruiting service, the Provider grants the Client access to its website (“Client Account”). The Client Account can be set up for one or more user names, which are protected by a password. Via the Client Account, the Client can place individual assignments within the meaning of 1.2 by creating search profiles for vacancies, contact individual candidates within the meaning of 1.2, create presentations of its company, and retrieve the essential services and results of the recruiting service.
2.3 The Client shall ensure that the user data for its Client Account do not become accessible to third parties and is liable for all orders and other activities carried out under the user data. If the Client becomes aware that third parties are misusing the user data, it is obliged to notify the Provider of this without undue delay.
2.4 The Provider is entitled to use third parties at any time and to any extent to render its services.
Fees, invoicing, due date
3.1 Only the prices, other fees and invoicing terms stated by the Provider in the respective individual assignment apply. Unless otherwise agreed, all prices and fees are net prices plus the statutory value added tax applicable on the date of invoicing.
3.2 Fees are due for payment immediately upon invoicing without deduction, unless otherwise stated in the order or on the invoice. Invoices may be issued by post, by e-mail or by being made available in the Client Account. An electronic invoice is deemed to have been received by the Client once it has been sent to the Client or made available for retrieval in the Client Account and has thus come within the Client’s sphere of control. Upon expiry of a period of 14 days after the due date, the Client shall be in default of payment without the need for a separate reminder from the Provider.
3.3 The Client undertakes to contact candidates and to take them into its application process exclusively in the manner provided for by the Provider. The further course of the application process is then the Client’s own responsibility. However, the Client shall inform the Provider without delay once an employment contract has been concluded with an applicant recruited by the Provider. If an application process or an employment contract is entered into with a candidate recruited by the Provider, the fees agreed for this become due irrespective of the way in which contact was made or of the date of the application process or employment contract.
Personal data, third-party content, rights
4.1 On behalf of the Client, the Provider approaches candidates for vacancies, collects personal data in the process and initiates an application process with the Client for interested candidates. The Provider undertakes to comply with all statutory provisions associated with this, in particular the DSGVO (EU General Data Protection Regulation, GDPR) and the AGG (German General Equal Treatment Act). The Client gains access to these data via its Client Account and can take candidates into its application process. The Client, for its part, shall comply with all corresponding statutory provisions and shall indemnify the Provider against claims by third parties based on misconduct by the Client.
4.2 Subject to compliance with sections 3.3 and 4.1, the Client is entitled to use applicant data supplied by the Provider freely within its company and within companies affiliated with it under company law, including beyond the individual assignment. Disclosure of the data to third parties is not permitted.
4.3 The Provider’s portal contains data of third parties, in particular of candidates. The Provider assumes no responsibility or warranty whatsoever for the completeness, accuracy, lawfulness, timeliness or fitness for a particular purpose of third-party data. This also applies to third-party content on linked external websites.
4.4 Via its Client Account, the Client can upload its own data and presentations, which become accessible to the public through the Provider’s portals. In doing so, the Client is obliged to provide the information required within the framework of the statutory provisions, in particular in compliance with the TMG (German Telemedia Act). Furthermore, the content and presentations must not violate statutory prohibitions, public morality or the rights of third parties (in particular trademark, name and copyrights). In the event of an infringement, the Client shall indemnify the Provider against all claims by third parties, including the costs of an appropriate legal defence.
4.5 Insofar as the Client provides the Provider with its own legally protected materials (e.g. logos, brand names, graphics, texts) in its Client Account or in any other way, it grants the Provider, for the duration of the agreed service, those rights of use in the materials that are necessary for the Provider to perform the contract. All other rights in the materials remain with the Client.
Termination of contract
5.1 Either contracting party may terminate the contract in writing or by e-mail with two weeks’ notice to the end of a month without giving reasons. Individual assignments within the meaning of 2.1 cannot be terminated by ordinary notice. They end automatically when the Provider has rendered the service.
5.2 The right to extraordinary termination without notice for good cause remains unaffected. Good cause entitling the Provider to terminate without notice exists in particular if the Client violates statutory provisions or the rights of third parties.
5.3 The contract ends when the termination takes effect, and Clients may no longer use their account once the individual assignments pursuant to section 2.1 have been fully performed. The Provider reserves the right to block the user name and password once the individual assignments have been fully performed. Upon expiry of 30 calendar days after full performance of the individual assignments and of any statutory retention periods, the Provider is entitled to irretrievably delete all data generated in the course of the Client’s participation.
Liability of the Provider
6.1 The Provider has unlimited liability in cases of intent or gross negligence, for injury to life, body or health, and in cases of serious organisational fault on the part of the Provider.
6.2 The Provider is furthermore liable for the negligent breach of obligations whose fulfilment is essential for the proper performance of the contract in the first place and on whose observance the contracting partner may regularly rely (cardinal obligations).
6.3 In the event of a loss of data for which the Provider is responsible, the Provider’s liability is limited to the costs of restoring and recovering data that would have been lost even if the Client had backed up the data properly.
6.4 Any liability of the Provider under the Produkthaftungsgesetz (German Product Liability Act) remains unaffected by the above limitations of liability.
6.5 Any liability of the Provider beyond sections 6.1 to 6.4 - irrespective of the legal grounds - is excluded.
Place of jurisdiction, applicable law, severability clause
7.1 The place of jurisdiction for all claims and disputes arising from the contractual relationships between the contracting parties, in particular concerning the formation, performance or termination of the contract, is Zürich. The Provider may, at its option, also sue the Client at the Client’s general place of jurisdiction.
7.2 The contracts concluded by the Provider on the basis of these GTC and all claims arising from them, of whatever kind, are governed exclusively by Swiss law, to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
7.3 Should any provisions of these GTC and/or of the contract be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid agreement whose economic effect comes as close as possible to that of the invalid provision.
Version dated 28.02.2022
Contact
Career Peakr Schweiz AG
Küsnachterstrasse 57, CH 8126 Zumikon (ZH)
E-mail: kontakt@careerpeakr.ch
Authorised representative: Brigitte Gubser (Management)