General Terms and Conditions (GTC) of the Online Job Portal Lawjobs of Weblaw AG
1. Scope of Application
These General Terms and Conditions apply to all business relationships between Weblaw AG (hereinafter “Weblaw”) and its customers – individuals and legal entities using the services of Lawjobs – (hereinafter the “Customer”) in connection with the products and services offered on the online job portal “Lawjobs” of Weblaw (https://weblaw.ch/en/produkte/lawjobs.html).
2. Conclusion of Contract
A contract is concluded as soon as the Customer has signed a written agreement or confirmed it electronically. These GTC form an integral part of every agreement. “Services and products” include all services offered by Lawjobs, such as the publication of job advertisements, ad optimisation, provision of employer pages, as well as other advertising, design, IT and marketing services.
3. Prices and Payment Terms
The prices are set out in the Lawjobs price list (last updated on 01.11.2023). All prices are stated in CHF and are exclusive of the applicable value-added tax (VAT). Price changes are reserved and will be announced at least 14 days in advance.
Unless otherwise agreed, the payment period is 30 days from the invoice date. The default interest rate is 8%. In addition, reminder fees of CHF 50 per reminder are payable. In the event of late payment during an ongoing contractual period (e.g. contingent customer with instalment payment agreement), Weblaw is entitled to suspend further job postings on Lawjobs for an indefinite period. The suspension will be lifted once all outstanding claims have been settled in full. The Customer shall bear any damage incurred by Weblaw as a result of late payment and/or termination of the contract.
4. Data Protection
Weblaw complies with the provisions of the data protection legislation. The Customer acknowledges that personal data from published job advertisements may also be accessible in countries that do not have data protection laws comparable to those of Switzerland and that the confidentiality, integrity, authenticity and availability of personal data from published advertisements are therefore not guaranteed. The Customer agrees that the advertisements published on Lawjobs may be distributed by Weblaw or third parties via additional channels (e.g. social media channels, job crawlers, etc.).
The unauthorised processing and exploitation of advertisements by third parties without substantial independent effort is prohibited. In this context, the advertiser grants Weblaw the right to take extrajudicial or judicial action against third parties.
The websites of Weblaw may use Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies. The information generated by the Google cookie about your use of this website (including your IP address) will be transmitted to a Google server in the USA and stored there. Google will use this information to evaluate the use of the website by advertisers on behalf of Weblaw, to compile reports on website activity for Weblaw and to provide other services related to website and internet usage. Google may also transfer this information to third parties where required by law or where such third parties process the data on Google’s behalf. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes described above.
5. Liability
The Customer is fully responsible for the content of the data transmitted. Weblaw accepts no liability for data entered and published by Customers. The Customer undertakes not to publish any advertisements with unlawful content. Weblaw reserves the right to remove advertisements that do not meet these requirements from its offering without prior notice or justification. The Customer shall indemnify Weblaw against any claims by third parties. In any case, the Customer is obliged to bear all judicial or extrajudicial costs incurred in connection with claims by third parties or other proceedings and to fully indemnify Weblaw.
Weblaw cannot guarantee uninterrupted and continuous availability of the online job portal, as the service is provided via the internet and is based on IT systems whose operation is not exclusively within its control. Weblaw is not liable for any service interruptions and/or technical malfunctions and their consequences. Weblaw’s liability is limited to unlawful intent or gross negligence. Any liability for indirect or consequential damages is excluded.
6. Special Provisions
Weblaw is entitled to make adjustments to job advertisements if this is necessary for proper presentation. The publication of multiple professional roles within a single job advertisement is not permitted if they differ in job title, areas of responsibility and remuneration. Linking to or referencing additional job offers within the text is not permitted. Weblaw reserves the right to permanently remove such links, references and the corresponding job advertisement.
7. Third-Party Applications
The use of third-party applications integrated into Weblaw’s applications and/or online platforms is subject to the terms of use of the respective third-party providers.
8. Prohibition of Set-Off and Assignment
The Customer is not entitled to offset its claims against claims of Weblaw. The Customer may not transfer contractual relationships with Weblaw to a legal successor without the written consent of Weblaw. Claims arising from the contractual relationship with Weblaw may not be assigned to third parties without the written consent of Weblaw.
9. Applicable Law and Jurisdiction
Swiss law shall apply exclusively to all disputes. The place of jurisdiction is Bern. Alternative dispute resolution procedures shall be preferred where possible.
10. Amendments
Weblaw reserves the right to amend these General Terms and Conditions at any time. Amendments will be communicated at least 30 days in advance.
11. Severability Clause
If any provision of these General Terms and Conditions is or becomes wholly or partially invalid or unenforceable, the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed agreed that most closely reflects the economic intent and purpose of the invalid or unenforceable provision. The same applies in the event of regulatory gaps.
Bern, 10.11.2023