General Terms and Conditions job.rocks AG
By filling out the registration form to order job.rocks on the homepage of job.rocks ag (the “Provider”), the customer (“Customer”) unconditionally accepts the following General Terms and Conditions (“General Terms and Conditions” or “GTC”).
Terms and Conditions (“General Terms and Conditions” or “GTC”).
The Provider reserves the right to change these terms and conditions at any time. The amended Terms and Conditions shall enter into force upon publication on the Website.
I. Software as a Service (SaaS) contract
1. the Provider provides SaaS services for its customers via the Internet in the area of business software.
2. the subject matter of the contract is
1. the provision of the Provider’s software for use via the Internet and
2. the storage of the customer’s data (data hosting)
II. provision of software
1. the Provider provides the customer with the software solution “job.rocks” in the current version for use via the Internet for the duration of this contract 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 ongoing 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 shall continuously monitor the functionality of the software and eliminate software errors as far as technically possible. An error exists in particular if the software does not fulfill the functions specified in the service description, delivers incorrect results or does not work properly in any other way, so that the use of the software is impossible or considerably restricted.
III. Rights of use to the software
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, even temporary installation or storage of the software on data carriers (hard disks or similar) of the hardware used by the customer (excluding RAM) is prohibited.
3. the customer is not entitled to make this software available to third parties for use, whether for a fee or free of charge. The customer is expressly prohibited from making the software available to third parties in any form.
4. the customer undertakes to structure any contractual relationships with third parties in such a way that the free use of the software by third parties is effectively prevented.
5. the customer has the possibility to order various additional packages (“add-ons”) from the provider in addition to the “job.rocks” software. 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, the customer expressly agrees to grant all necessary access rights by ordering the add-on. The provider 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 hosting
1. the provider provides the customer with a defined storage space on a server for storing his data. If the storage space is not sufficient to store the data, the Provider shall inform the customer in good time. Unless the customer subsequently orders additional storage space for a fee, data that exceeds the available storage space will no longer be stored.
(2) The Provider shall ensure that the stored data can be retrieved via the Internet within the scope of the technical possibilities.
3. the customer is not entitled to transfer this storage space to a third party for use, 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 of which violates applicable law or agreements with third parties.
5. the Provider is obliged to take suitable and reasonable precautions against data loss and to prevent unauthorized access by third parties to the Customer’s data within the scope of technical possibilities. To this end, the Provider shall make regular backups, check the Customer’s data for viruses and install firewalls.
6. the customer shall in any case remain the rightful owner of the data and may therefore demand that the provider return some or all of the data during the term of the contract, without the provider having a right of retention. The data shall be returned at the customer’s discretion either by handing over data carriers or by sending them via a data network. The customer shall have no claim to the
software suitable for the use/utilization of the data.
7. after termination of the contract, the customer is still entitled for one month (from the date of
termination date) is entitled to demand the surrender of his data under the provisions of Clause 6 above. The Provider is not obliged to store the Customer’s data beyond this period. Should a customer request the release of data after the expiry of the one-month period and if this data is still available at the Provider, the Provider shall release the data to the customer after payment of the costs actually incurred for this.
V. Support & customer service
1. the Provider will answer inquiries (by e-mail or telephone) from the customer regarding the “job.rocks” software and other SaaS services within the business hours published on the website www.job.rocks as soon as possible after receipt of the respective question by telephone or in writing.
VI Impairment of accessibility
1. adjustments, changes and additions to the contractual SaaS services as well as measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of accessibility if this is necessary for technical reasons.
2. the basic functions of the SaaS services are monitored on a daily basis. Maintenance of the SaaS services is generally carried out from Monday to Friday 08:00 – 19:00. In the event of serious errors – the use of the SaaS services is no longer possible or is significantly restricted – maintenance is generally carried out within 2 hours of the customer becoming aware of or being notified of the error. The Provider shall notify the Customer of the maintenance work in good time and carry it out as quickly as possible.
3. the planning view of job.rocks, the web portal for the client’s employees and the web portal for the client’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 end devices (PCs, mobile devices). The customer acknowledges that the planning view is not suitable for use on tablets in particular.
VII Obligations of the customer
1. the customer is obliged to take suitable precautions to prevent unauthorized access to the software by third parties. To this end, the customer shall, where necessary, instruct its employees to comply with copyright law. In particular, the customer shall instruct its employees not to make any 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 – notwithstanding 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 them and to use state-of-the-art virus protection programs for this purpose.
4. when using the SaaS services for the first time, the customer must generate a “User ID” and a password himself, which 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 inform the Provider immediately of any unauthorized use of the “User ID” and password or other attacks on security. In such cases, the Provider shall change the Customer’s “User ID” and password in agreement with the Customer.
6. the customer shall take all measures that the Provider deems necessary to maintain or improve the security of the data, software and network connections. For example, the user undertakes to change the password regularly, but at least every sixty (60) days.
7. the responsibility as an employer, ensuring compliance with the relevant regulations and laws as well as full liability under labor law lies exclusively with the customer at all times and to the full extent.
VIII Remuneration
1. the Customer undertakes to pay the Provider the fee agreed in accordance with its subscription plus statutory VAT for the provision of software and data hosting. The corresponding usage days will be credited immediately after receipt of payment.
2. if there are no more days of use credit available, the scope of services is automatically only possible to the extent of the free use.
IX. Warranty/Liability
1. the Provider warrants the functionality and operational readiness of the SaaS services in accordance with the provisions of these GTC.
2. the Customer undertakes to indemnify the Provider against all third-party claims based on the data stored by the Customer and to reimburse the Provider for all costs incurred by the Provider due to possible infringements of rights. The provider is not liable for damages to third parties caused to 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 reasonable suspicion of illegality and/or an infringement of rights exists
infringement exists in particular if courts, authorities and/or other third parties
third parties inform the Provider of this. The Provider shall notify the Customer of the removal and the reason for it without delay. The block must be lifted as soon as the suspicion has been fully dispelled.
4. within the framework of the statutory provisions, the Provider excludes any 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 profit (including for negligence). This exclusion of liability also applies to damage caused directly or indirectly by the use of the “job.rocks” software.
5. in all cases, regardless of the basis of liability, the mutual liability of the contracting parties is
parties is limited to the amount of the booked days of use in the last twelve months before the damage occurred.
6. the Provider shall at no time assume the role or responsibility of the employer for the employees managed and scheduled by the Customer using the Software. Full liability under labor law lies exclusively with the Customer at all times and to the full extent.
X. Term/termination/dissolution
1. the contractual relationship shall commence upon registration by the customer.
2. registrations and subscriptions are concluded for an indefinite period and can be deactivated by either party at the end of each quarter subject to a three-month notice period.
3. days of use already paid for will not be refunded if the account is deactivated and will be forfeited.
4. form of termination: Notice of termination must be given directly online in the customer’s job.rocks account. Following the termination, job.rocks sends an e-mail with a confirmation link to the customer. Once this confirmation has been received, the customer account will be deactivated after the notice period has expired.
5. the immediate termination of the contract for good cause remains at the discretion of the parties. The Provider shall be deemed to have good cause for immediate termination of this contract in particular if
1. if the customer is declared bankrupt or the opening of bankruptcy proceedings is discontinued due to a lack of assets;
2. if the customer has been inactive for 12 months.
3. if the customer culpably violates legal provisions or infringes copyrights, industrial property rights or naming rights of third parties when using the contractual services;
4. if the customer uses the distributed services for the purpose of promoting criminal, illegal or ethically questionable activities.
XI. Confidentiality
1. the Provider undertakes to maintain secrecy about all confidential processes of which it becomes aware in the course of the preparation, execution and fulfillment of this contract, in particular business or trade secrets of the customer, and not to disclose this information without the authorization of the customer.
information to outside third parties without the customer’s authorization. This applies to any unauthorized third parties, unless the disclosure of information is necessary for the proper fulfilment of the Provider’s contractual obligations.
2. the Customer authorizes the Provider to name the Customer publicly as a reference and to use general information about the agreed contract in an appropriate manner for marketing and sales purposes.
XII. Data protection
1. by accepting these GTC, the customer simultaneously declares his agreement to the job.rocks data protection declaration (Annex 1) and the order processing contract (Annex 2) in the currently valid version. These are permanently available on the job.rocks homepage. The customer declares to be familiar with both documents.
XIII Intellectual property rights
1. all intellectual property rights to the services, the “job.rocks” software, the website and the documentation on the services remain the property of the Provider.
XIV Notices
1. unless a stricter form is provided for in this contract or by law, all notifications must be made in writing to the address provided at the time of registration of the
addresses given at the time of the Customer’s registration or on the Provider’s homepage. The
e-mail satisfies the written form requirement. Communications sent by the Provider to the e-mail address provided by the Customer during registration shall in any case be deemed to be written communication.
2. the contracting parties are obliged to notify the other contracting party of changes of address (including e-mail) without delay, failing which notifications sent to the address last notified in writing shall be deemed to have been received with legal effect.
XV. severability clause
1. in the event that individual clauses of this agreement are invalid in whole or in part, any invalid provisions shall 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 law
1. the parties agree with regard to all legal relationships arising from this
contractual relationship shall be governed by the law of the Swiss Confederation to the
The provisions of international private law (IPR) and the uniform UN Convention on Contracts for the International Sale of Goods (CiSG) are excluded.
2 Zurich is agreed as the exclusive place of jurisdiction for all disputes arising in connection with the execution of this contractual relationship.
This is a translation from German and is provided for ease of reference; in the event of deviations, the German version shall apply.
Zurich, 14.03.2024
job.rocks is an internet service of:
job.rocks AG
Hagenholzstrasse 81a
8050 Zurich
Switzerland
Appendix 1 Privacy policy
Appendix 2 Order processing agreement
Annex 3 End User Agreement