General Terms and Conditions of job.rocks AG
By completing the registration form to order job.rocks on the homepage of job.rocks AG (the “Provider”), the (“Customer”) unconditionally accepts the following general terms and conditions (“General Terms and Conditions” or “GTC”). Employers who use the job.rocks software are considered customers.
The provider reserves the right to change these conditions at any time. The changed conditions come into force upon publication on the website.
I. Software as a Service (SaaS) – Contract1. The provider provides its customers with SaaS services via the Internet in the area of business software.2. The subject of the contract is:1. the provision of the provider's software for use over the Internet and 2. the storage of the customer's data (data hosting)
II. Software transfer1. For the duration of this contract, the provider makes the current version of the job.rocks software solution available to the customer for use via the Internet for a fee. For this purpose, the provider stores the software on a server that is accessible to the customer via the Internet.2. The provider is constantly developing the software and will improve it through continuous updates and upgrades. The current range of functions can be found in the service description on the provider's website (www.job.rocks).3. The provider is constantly developing the software and will improve it through continuous updates and upgrades. The current range of functions can be found in the service description on the provider's website (www.job.rocks).
III. Rights of use of the software1. 1. The provider grants the customer the non-exclusive and non-transferable right to use the “job.rocks” software as intended for the duration of the contract.2. The customer may neither reproduce nor edit the software unless this is expressly permitted in the current service description on the website. In particular, it is prohibited to install, even temporarily, or save the software on data storage media (hard drives or similar) of the hardware used by the customer (excluding RAM).3. The customer is not entitled to make this software available to third parties for use either against payment or free of charge. Any form of making the software available to third parties is expressly prohibited to the customer.4. The customer undertakes to structure any contractual relationships with third parties in such a way that free use of the software by third parties is effectively prevented. The customer has the option to use various5 options beyond the “job.rocks” software. Order additional packages (“add-ons”) from the provider. Such add-ons can in particular enable integration with third-party software. If access rights are required for the use of such an add-on, by ordering the add-on the customer expressly agrees to grant all access rights necessary for this. job.rocks assumes no responsibility for providers of these add-ons or other programs with which job.rocks exchanges or downloads data. (e.g. MS Excel, PDF).
IV. Data hosting1. The provider provides the customer with a defined storage space on a server to store his data. If there is not enough storage space to store the data, the provider will inform the customer in good time. Unless the customer subsequently orders additional storage space for a fee, data that exceeds the existing storage space will no longer be stored.2. The provider ensures that the stored data can be accessed via the Internet within the scope of technical possibilities.3. The customer is not entitled to allow a third party to use this storage space in part or in full, for a fee or free of charge.4. The customer undertakes not to store any content on the storage space whose provision, publication and use violates applicable law or agreements with third parties.5. The provider is obliged, within the scope of technical possibilities, to take appropriate and reasonable precautions against data loss and to prevent unauthorized access by third parties to the customer's data. For this purpose, the provider will regularly make backups, check the customer's data for viruses and install firewalls.6. In any case, the customer remains the sole owner of the data and can therefore demand that the provider hand over individual or all data during the term of the contract without the provider having any right of retention. The data is released at the customer's discretion either by handing over data storage media or by sending it via a data network. The customer has no right to the software suitable for using the data.7. After termination of the contract, the customer is entitled to demand the release of his data under the provisions of Section 6 above for one month (termination date). The provider is not obliged to store the customer's data beyond this period. If a customer requests the release of data after the one-month period has expired and the provider still has it, the provider will release the data to the customer after paying the actual costs incurred.
V. Support & Customer Service1. The provider will answer customer inquiries (via email or telephone) regarding the job.rocks software and other SaaS services within the business hours published on the website www.job.rocks as quickly as possible after receipt of the respective question by telephone or in writing.
VI. Impairment of accessibility1. Adjustments, changes and additions to the contractual SaaS services as well as measures that serve to identify and eliminate malfunctions will only lead to a temporary interruption or impairment of accessibility if this is necessary for technical reasons.2. Monitoring of the basic functions of the SaaS services occurs daily. Maintenance of the SaaS services generally takes place from Monday to Friday 8:00 a.m. to 7:00 p.m. In the event of serious errors - the use of the SaaS services is no longer possible or is significantly restricted - maintenance is usually carried out within 2 hours of the customer becoming aware of it or notified. The provider will inform the customer about the maintenance work in good time and carry it out as quickly as possible.3. The job.rocks planning view, the web portal for the customer's employees and the web portal for the customer's end customers can only be operated via a web browser. job.rocks is optimized for the free Chrome browser. job.rocks cannot guarantee the correct display or execution of all functionalities on all available browsers or all available devices (PCs, mobile devices). The customer acknowledges that the planning view is not particularly suitable for use on tablets.
VII. Obligations of the customer1. The customer is obliged to take appropriate precautions to prevent unauthorized access by third parties to the software. For this purpose, the customer will, if necessary, inform his employees about compliance with copyright law. In particular, the customer will instruct his employees not to make copies of the software or to pass on access data to third parties.2. The customer is responsible for entering and maintaining the data and information required to use the SaaS services - without prejudice to the provider's obligation to back up data.3. The customer is obliged to check his data and information for viruses or other harmful components before entering it and to use state-of-the-art virus protection programs.4. When using the SaaS services for the first time, the customer must generate a “User ID” and a password that are required for further use of the SaaS services. The customer is obliged to keep the “User ID” and password secret and not to make them accessible to third parties.5. The customer must immediately inform the provider of any unauthorized use of “User ID” and password or other attacks on security. In such cases, the provider will change the customer's “User ID” and password in consultation with the customer.6. The customer must take all measures that, at the provider's discretion, are necessary to maintain or improve the security of the data, the software and the network connections. For example, the user undertakes to change the password regularly, but at least every sixty (60) days.7. The responsibility for the correct employment of its employees lies exclusively with the customer, in particular for all employees managed or planned using the job.rocks software. All liability under labor law lies exclusively with the customer. In no case does an employment relationship arise between the provider and the customer's employees.
VIII. Financial regulations1. The customer undertakes to pay the fee (plus statutory VAT) for the software provision and data hosting to the provider in accordance with the agreed scope of use. The corresponding working days will be credited immediately after receipt of payment.2. If there is no more credit available on the days of use, the scope of services is automatically only possible to the extent of free use.
IX. Warranty/Liability1. The provider guarantees the functionality and operational readiness of the SaaS services in accordance with the provisions of these General Terms and Conditions.2. The customer undertakes to indemnify the provider from all third-party claims based on the data stored by him and to reimburse the provider for all costs that the provider incurs due to possible legal violations. The provider is not liable for damages to third parties incurred by the customer through the use of job.rocks.3. The provider is entitled to immediately block the storage space if there is reasonable suspicion that the stored data is illegal and/or violates the rights of third parties. A justified suspicion of illegality and/or a violation of the law exists in particular if courts, authorities and/or other third parties inform the provider of this. The provider must inform the customer immediately of the removal and the reason for it. The ban must be lifted as soon as the suspicion has been completely refuted.4. To the extent permitted by law, the Provider excludes all liability towards the Customer (or any third party), in particular for the fulfillment of its contractual and non-contractual obligations and for the loss of data and loss of profits (including for negligence). This exclusion of liability also applies to damage that arises directly or indirectly through the use of the “job.rocks” software.5. In all cases, regardless of the basis for liability, the mutual liability of the contracting parties is limited to the amount of the booked days of use in the last twelve months before the damage occurred.
X. Term/termination/dissolution1. The contractual relationship begins with the registration and registration by the customer.2. Registrations and subscriptions are concluded for an indefinite period of time and can be deactivated by both parties at the end of each month with one month's notice.3. Days of use that have already been paid will not be refunded if the account is deactivated and will expire.4. Form of termination: The termination must be sent to the email address contact@job.rocks. Following termination, job.rocks will send an email to the customer with a confirmation link. Once this confirmation has been received, the customer account will be deactivated after the notice period has expired.5. The parties reserve the right to terminate the contract immediately for important reasons. An important reason for the immediate termination of this contract for the provider is, in particular, 1. if the customer goes bankrupt or the bankruptcy proceedings were stopped due to a lack of assets;2. if the customer has been inactive for 12 months.3. if the customer culpably violates legal regulations or encroaches on the copyrights, industrial property rights or naming rights of third parties when using the contractual services;4. when using the services sold for the purpose of promoting criminal, illegal and ethically questionable activities by the customer.
XI. Confidentiality1. The provider undertakes to maintain secrecy about all confidential processes that come to its knowledge during the preparation, implementation and fulfillment of this contract, in particular the customer's business or trade secrets, and not to pass this information on to outside third parties without the customer's authorization. This applies to any unauthorized third parties, provided that the disclosure of information is not necessary for the proper fulfillment of the provider's contractual obligations.2. The customer authorizes the provider to publicly name the customer as a reference and to use general information about the agreed contract in an appropriate manner for marketing and sales purposes.
XII. Data protection1. By accepting these General Terms and Conditions, the customer simultaneously declares his consent to the job.rocks data protection declaration (Appendix 1), the order processing agreement (Appendix 2), and the end user service conditions (Appendix 3), each in the currently valid version. These are permanently available on the job.rocks homepage. The customer declares that he is familiar with all three documents.
XIII. Intellectual property rights1. All intellectual property rights to the services, the job.rocks software, the website and the documentation about the services remain the property of the provider.
XIV. Announcements1. Unless a stricter form is mandatory in this contract or by law, all communications must be sent in writing to the addresses specified when the customer registered or on the provider's homepage. Sending via email satisfies the written requirement. Messages from the provider to the email address provided by the customer during registration are always considered written notification.2. The contractual partners are obliged to immediately notify the other contractual partner of any address changes (including e-mail), otherwise notifications to the last address provided in writing are deemed to have been legally received.
XV. Severability clause1. In the event of total or partial invalidity of individual clauses of this agreement, any invalid provisions may have to be reinterpreted, supplemented or replaced in such a way that the economic purpose pursued by the invalid provision is achieved. The same applies in the event that there are loopholes in this agreement.
XVI. Place of jurisdiction & choice of law1. With regard to all legal relationships arising from this contractual relationship, the parties agree to the application of the law of the Swiss Confederation, excluding the regulations of private international law (IPR) and the uniform UN Convention on Contracts for the International Sale of Goods (CiSG).2. Zurich is agreed to be the exclusive place of jurisdiction for all disputes that arise in the course of processing this contractual relationship.
Zurich, March 14, 2024
job.rocks is an internet service from:
job.rocks AG
Hagenholzstrasse 81a
8050 Zurich
Switzerland
Appendix 1 Privacy Policy
Appendix 2 Order processing contract
Appendix 3 End User Agreement
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