The following General Terms and Conditions (GTC) shall apply to all products and services offered by cofoundme GmbH. By using our services, you accept the following Terms and Conditions unaltered and in full:
The subject matter of these GTC is the legal relationship between cofoundme GmbH on the one hand and jobseekers, companies seeking to fill vacancies and recruitment agencies using its platforms on the other hand (hereinafter “Users”) with regard to all the products and services offered by cofoundme GmbH.
The term “jobseeker” hereinafter also applies to every entity seeking a position as a co-founder, partner, associate or shareholder of a future or already existing company or other enterprise. The term “company seeking to fill vacancies” hereinafter also applies to every entity seeking a a co-founder, partner, associate or shareholder of a future or already existing company or other enterprise.
These GTC shall apply with regard to each and every use of the products and services offered by cofoundme GmbH (in particular the publishing of job ads, putting profiles online, retrieval of job ads and profiles as well as applications for job ads).
Consent to these GTC shall be given by signing a written cooperation agreement or a written offer, by explicit or implied acceptance of an order confirmation, by payment of an invoice, by means of activating a corresponding input field when first registering for one of the websites of cofoundme GmbH or by use of the products and services offered by cofoundme GmbH. When using the websites of cofoundme GmbH, the User may be requested to repeat his consent to these GTC by means of activating a corresponding input field.
The User selects the products to be delivered and the services to be performed by cofoundme GmbH among the services on offer at the time of his use. The current service offer is described on the respective websites of cofoundme GmbH (product description).
All services provided to jobseekers are free of charge. Written agreements diverging here from shall remain reserved.
The publication of job ads by companies seeking to fill vacancies and recruitment agencies is free of charge. Every job ad will be displayed for a maximum of 30 days calculated from the day following the date of publication. Upon expiry of that period of time, the respective job ad will be deleted unless the User wishes his job ad to be displayed for an additional 30 days. For all additional services, such as the better placement of a job ad, the terms and prices mentioned in the respective product description apply.
Agreements diverging here from shall remain reserved.
The non-publication or the defective publication of a job ad or a profile or the placement thereof somewhere other than agreed does not give rise to any claims against cofoundme GmbH. The User is, however, authorized, to request that the notice or profile in question be published or be published correctly.
Profile or job ads must imperatively be published under the name or company name of the User. The User bears the sole responsibility for the contents of their job ad or profile. The user represents and warrants that all information contained therein is correct and up-to-date.
The User undertakes not to publish any illegal content, in particular content of a racist, pornographic or personally injurious nature, via the websites of cofoundme GmbH.
The following content is in particular inadmissible:
· Immoral or offensive job offers or profiles;
· Multiple job offers or profiles summarized under one publication;
· Job offers with erroneous or lacking job titles or descriptions;
· Job offers with erotic contents or for escort services;
Any published job offer must correspond to an actual vacant position. The user undertakes to reactivate a job offer only in case of a new vacancy.
cofoundme GmbH reserves the right to remove from its websites any job ads or profiles that do not comply in full with these requirements, without prior notice or justification. In addition, cofoundme GmbH reserves the right to block the User or their access to any services offered by cofoundme GmbH without prior notice or justification and to delete all data and other content entered into the system by the User.
Users warrant that they will only use the platforms of cofoundme GmbH and its partner platforms in full compliance with all applicable statutory requirements. Recruitment agencies and employment services firms warrant in particular, that they are in possession of a valid recruitment or hiring of services permit and undertake to provide cofoundme GmbH with a copy thereof on first request.
The duration of this agreement is indefinite. The Users can terminate this agreement at any time by sending a corresponding declaration to email@example.com. The User’s personal data will be deleted after the termination of the agreement. cofoundme GmbH is not obligated, following the termination of the agreement, to retain any data or documents submitted to it, or to return these to the User, unless this has been explicitly agreed in writing.
The termination of the agreement by companies seeking to fill vacancies and recruitment agencies results in the deletion of all personal data as well as job ads published by the respective User. Companies seeking to fill vacancies and recruitment agencies which paid for an additional service for a fixed term or a minimum term are not entitled to a refund of the costs when terminating the contract before the end of the respective term. The remuneration for such additional services is also owed when the User deletes job ads or data connected to those services before the end of the respective terms. The same applies in the event that cofoundme GmbH deletes job ads or profiles or blocks Users on the basis of the present GTC or other integral parts of the contract. Paid additional services without a fixed term or a minimum term can be terminated at any time by sending a corresponding declaration to firstname.lastname@example.org. The User terminating the service is, however, not entitled to a refund of any payments already made. Agreements diverging here from shall remain reserved.
The payment obligations of Users shall commence upon conclusion of contract for an additional service. Invoices by cofoundme GmbH are to be paid within 30 days of receipt of the invoice, without deductions, provided other payment terms have not been explicitly agreed. In the event of any delays in payment, default interest at the rate of 5% shall be owed and as of the second warning, a fee of 50 Swiss Francs per warning shall be invoiced to defray the costs of default. Where the User is in default with regard to payment of invoices, cofoundme GmbH shall in addition be entitled to suspend its services without prior notice and to block the User or their access to further services by cofoundme GmbH. Where payment in instalments has been agreed and the User is in default with payment of one of the instalments, this shall also render the remaining outstanding instalments payable.
cofoundme GmbH also publishes offers of third parties and/or links to offers or websites of third parties on its platforms. cofoundme GmbH is not responsible for these third-party offers as well as for the contents of such third-party websites and excludes any and all liability in connection with such offers or third-party websites.
cofoundme GmbH performs its services professionally and diligently. cofoundme GmbH is not, however, in a position to guarantee that its services are available without interruption or free of errors. cofoundme GmbH shall in particular not be liable for any interruptions of service and/or technical difficulties and the effects thereof. The job ads and profiles accessible on the platforms of cofoundme GmbH originate from the respective Users and cofoundme GmbH assumes no responsibility for the accuracy or completeness of this information. cofoundme GmbH endeavors to prevent any unauthorized use by third parties of the data published on its platforms. All liability of cofoundme GmbH in the case of unauthorized use by third parties is, however, explicitly excluded. cofoundme GmbH assumes no responsibility for the success of a given job ad or profile. In any event, all liability on the part of cofoundme GmbH is limited to illegal intent or gross negligence. Any liability for indirect damages or consequential damages is excluded.
The User is responsible for the legality, accuracy and completeness of the content made available or entered for publication on the platforms of cofoundme GmbH and its partner platforms. The User is responsible for the careful and confidential safekeeping of his user information (in particular user name and passwords) and for all activities carried out through his or her account. The User is liable vis-à-vis cofoundme GmbH irrespective of any fault, for all damages and costs incurred as a result of breaches of these GTC or other integral parts of the contract and shall indemnify cofoundme GmbH for any and all claims asserted by third parties against cofoundme GmbH as a result of the User’s use of the websites of cofoundme GmbH and its partner platforms. Such damages for which compensation shall be owed include reasonable legal fees. cofoundme GmbH will immediately inform the User about any claims asserted by third parties.
The place of performance for all services to be performed by cofoundme GmbH is the business domicile of cofoundme GmbH.
Between the User and cofoundme GmbH, the version of these GTC currently published on the websites of cofoundme GmbH shall apply. cofoundme GmbH reserves the right to amend these GTC at any time. cofoundme GmbH will inform the Users via e-mail 10 days before the amended provisions of the GTC come into force. Each User has 10 days after the e-mail has been sent to object to the new GTC via e-mail. In case they do not object within the above-mentioned period of time, their silence means the acceptance of the new GTC.
In case a User objects to the new GTC, cofoundme GmbH shall be entitled to delete the User’s profile and all data and activities connected with it from its Websites without prior notice.
cofoundme GmbH reserves the right to change or terminate, in part or in full, its service offer at any time, without prior warning or giving reasons for doing so. Such changes or suspension of the service offer shall not entitle the User to assert any claims against cofoundme GmbH. cofoundme GmbH will endeavor, in the event of any major changes to or suspension of the service offer, to make available to the User a service offer of comparable value.
These GTC and the other contract components, as well as any disputes which arise from or in connection with the contract relationship between cofoundme GmbH and the User, shall be exclusively governed by the substantive laws of Switzerland. The ordinary courts at the place of domicile or registered office of cofoundme GmbH shall have exclusive jurisdiction, whereby cofoundme GmbH shall also be entitled to seek redress against the User at the latter’s place of domicile.
Zug, January 2018