General Terms and Conditions

General Terms and Conditions of job.rocks AG

By completing the registration form to order job.rocks on the website of job.rocks AG (the “Provider”), the customer (the “Customer”) unconditionally accepts the following General Terms and Conditions (“General Terms and Conditions” or “GTC”). Customers are employers who use the job.rocks software.

The Provider reserves the right to amend these terms at any time. The amended terms enter into force upon publication on the website.

I. Software as a Service (SaaS) agreement

1. The Provider provides SaaS services to its customers via the Internet in the field of business software.
2. The subject matter of the agreement 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. For the duration of this agreement, the Provider makes the current version of the job.rocks software solution available to the Customer for use via the Internet against payment. For this purpose, the Provider stores the software on a server that can be accessed by the Customer via the Internet.
2. The Provider continuously develops the software and improves it through ongoing updates and upgrades. The current scope of functions is set out in the service description on the Provider’s website (www.job.rocks).
3. The Provider continuously develops the software and improves it through ongoing updates and upgrades. The current scope of functions is set out in the service description on the Provider’s website (www.job.rocks).

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 agreement.
2. The Customer may neither reproduce nor modify 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 drives or similar) of the hardware used by the Customer is prohibited, with the exception of working memory.
3. The Customer is not entitled to make this software available to third parties for use, whether for payment or free of charge. Any form of making the software available to third parties is expressly prohibited.
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.
5. In addition to the “job.rocks” software, the Customer may order various additional packages (“Add-ons”) from the Provider. Such Add-ons may in particular enable integrations with software from third-party providers. If access rights are required to use such an Add-on, the Customer expressly agrees, by ordering the Add-on, to grant all access rights required for this purpose. job.rocks assumes no responsibility for providers of such 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 defined storage space on a server for storing its data. If the storage space is insufficient to store the data, the Provider will inform the Customer in good time. Unless the Customer subsequently orders additional storage space against payment, data exceeding the available storage space will no longer be stored.
2. The Provider ensures that the stored data can be accessed via the Internet within the limits of technical possibilities.
3. The Customer is not entitled to allow a third party to use this storage space, in whole or in part, whether for payment or free of charge.
4. The Customer undertakes not to store any content on the storage space whose provision, publication or use violates applicable law or agreements with third parties.
5. Within the limits of technical possibilities, the Provider is obliged to take appropriate and reasonable precautions against data loss and to prevent unauthorised access by third parties to the Customer’s data. For this purpose, the Provider will regularly create backups, check the Customer’s data for viruses and install firewalls.
6. The Customer remains the sole authorised party with respect to the data in all cases and may therefore request the Provider to surrender individual or all data during the term of the agreement, without the Provider having any right of retention. The data will be surrendered, at the Customer’s choice, either by handing over data carriers or by transmission via a data network. The Customer has no claim to software suitable for using the data.
7. After termination of the agreement, the Customer remains entitled for one month from the termination date to request the surrender of its data in accordance with clause 6 above. The Provider is not obliged to store the Customer’s data beyond this period. If the Customer requests the surrender of data after expiry of the one-month period and the data is still available at the Provider, the Provider will hand over the data after payment of the actual costs incurred for this purpose.

V. Support & customer service

1. The Provider will answer the Customer’s enquiries regarding the job.rocks software and other SaaS services, submitted by e-mail or telephone, as quickly as possible after receipt of the respective enquiry, by telephone or in writing, during the business hours published on the website www.job.rocks.

VI. Impairment of availability

1. Adjustments, changes and additions to the contractual SaaS services, as well as measures serving to identify and remedy malfunctions, will only lead to temporary interruption or impairment of availability if this is necessary for technical reasons.
2. The basic functions of the SaaS services are monitored daily. Maintenance of the SaaS services generally takes place Monday to Friday from 08:00 to 19:00. In the event of serious errors — where use of the SaaS services is no longer possible or is significantly restricted — maintenance is usually carried out within 2 hours after the Provider becomes aware of the issue or is notified by the Customer. The Provider will notify the Customer of 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 Customer’s employees and the web portal for the Customer’s end customers can only be operated via a web browser. job.rocks is optimised for the freely available 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 particularly suitable for use on tablets.

VII. Customer obligations

1. The Customer is obliged to prevent unauthorised access by third parties to the software by taking appropriate precautions. For this purpose, the Customer will, where necessary, inform its employees of compliance with copyright law. In particular, the Customer will instruct its employees not to make copies of the software and not to pass access data on 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 data backup obligation.
3. The Customer is obliged to check its data and information for viruses or other harmful components before entering them and to use virus protection programs that correspond to the state of the art.
4. When using the SaaS services for the first time, the Customer must generate a “User ID” and a password required for further use of the SaaS services. The Customer is obliged to keep the “User ID” and password confidential and not make them accessible to third parties.
5. The Customer must immediately inform the Provider of any unauthorised use of the “User ID” and password or of any other attacks on security. In such cases, the Provider will change the Customer’s “User ID” and password in agreement with the Customer.
6. The Customer must take all measures that, in the Provider’s reasonable 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. Responsibility for the proper employment of its employees lies exclusively with the Customer, in particular for all employees managed or planned using the job.rocks software. All employment-law liability lies exclusively with the Customer. Under no circumstances does an employment-law relationship arise between the Provider and the Customer’s employees.

VIII. Financial provisions

1. The Customer undertakes to pay the Provider the fee for the provision of the software and data hosting, plus statutory VAT, in accordance with the agreed scope of use. The corresponding deployment days are credited immediately after receipt of payment.
2. If no credit of deployment days remains, the scope of services is automatically limited to the free-use scope.

IX. Warranty/liability

1. The Provider warrants the functional 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 claims by third parties that are based on the data stored by the Customer and to reimburse the Provider for all costs incurred due to possible infringements of rights. The Provider is not liable for damage to third parties caused to the Customer by 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 unlawful and/or infringes the rights of third parties. A reasonable suspicion of unlawfulness and/or infringement exists in particular if courts, authorities and/or other third parties inform the Provider thereof. The Provider must immediately notify the Customer of the removal and the reason for it. The block must be lifted as soon as the suspicion has been fully dispelled.
4. To the extent permitted by law, the Provider excludes any liability towards the Customer or any third party, in particular for the performance of its contractual and non-contractual obligations and for loss of data and lost profit, including negligence. This exclusion of liability also applies to damage that arises directly or indirectly from the use of the “job.rocks” software.
5. In all cases, irrespective of the legal basis of liability, the mutual liability of the contracting parties is limited to the amount of the deployment days booked in the twelve months preceding the occurrence of the damage.

X. Term/termination/dissolution

1. The contractual relationship begins with registration by the Customer.
2. Registrations and subscriptions are concluded for an indefinite period and may be deactivated by either party at the end of any month by giving one month’s notice.
3. Deployment days already paid for will not be refunded if the account is deactivated and will expire.
4. Form of termination: termination must be sent to contact@job.rocks. Following termination, job.rocks sends the Customer an e-mail with a confirmation link. Once this confirmation has been received, the Customer account is deactivated after expiry of the notice period.
5. The parties reserve the right to terminate the agreement with immediate effect for good cause. Good cause for immediate termination of this agreement exists for the Provider in particular if:
   1. the Customer becomes bankrupt or bankruptcy proceedings are discontinued due to lack of assets;
   2. the Customer has been inactive for 12 months;
   3. the Customer culpably violates legal provisions when using the contractual services or infringes copyrights, industrial property rights or name rights of third parties; or
   4. the distributed services are used by the Customer for the purpose of promoting criminal, unlawful or ethically questionable acts.

XI. Confidentiality

1. The Provider undertakes to maintain confidentiality regarding all confidential matters that become known to it in the course of preparing, performing and fulfilling this agreement, in particular the Customer’s business or trade secrets, and not to disclose this information to external third parties without the Customer’s authorisation. This applies to all unauthorised third parties, unless disclosure of information is necessary for the proper fulfilment of the Provider’s contractual obligations.
2. The Customer authorises 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 protection

1. By accepting these GTC, the Customer simultaneously declares its consent to the job.rocks privacy policy (Annex 1), the data processing agreement (Annex 2) and the end-user terms of service (Annex 3), each in the currently valid version. These are permanently available on the job.rocks homepage. The Customer declares that it is familiar with all three documents.

XIII. Intellectual property rights

1. All intellectual property rights to the services, the job.rocks software, the website and the documentation relating to the services remain the property of the Provider.

XIV. Notices

1. Unless a stricter form is mandatory under this agreement or by law, all notices must be sent in writing to the addresses provided upon registration of the Customer or on the Provider’s homepage. Transmission by e-mail satisfies the written-form requirement. Notices from the Provider to the e-mail address provided by the Customer upon registration are in all cases deemed to be written notices.
2. The contracting parties are obliged to notify the other contracting party immediately of any changes of address, including e-mail address; otherwise notices sent to the last address notified in writing are deemed to have been validly received.

XV. Severability clause

1. If individual clauses of this agreement are wholly or partially invalid, 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 if there are gaps in this agreement.

XVI. Place of jurisdiction & choice of law

1. With respect to all legal relationships arising from this contractual relationship, the parties agree to the application of the law of the Swiss Confederation, excluding the rules of private international law (PIL) and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. Zurich is agreed as the exclusive place of jurisdiction for all disputes arising in connection with the performance of this contractual relationship.

Zurich, 14 March 2024

job.rocks is an Internet service of:

job.rocks AG
Hagenholzstrasse 81a
8050 Zurich
Switzerland

Annex 1 Privacy Policy

Annex 2 Data Processing Agreement

Annex 3 End User Agreement