Staffed Ltd | GENERAL TERMS AND CONDITIONS (GTC)

 

The following General Terms and Conditions ("GTC") shall apply to all products and services offered by Staffed Ltd. By using our services, you accept the following GTC unaltered and in full:

 

Preamble - The Staffed System

 

Staffed Ltd ("Staffed") is the operator of its website www.staffed.com and respective mobile applications (together "Platforms").

With its Platforms, Staffed brings together

  • employers who are hiring and therefore want to publish their job ad and get in touch with potential candidates ("Advertisers"),
  • individuals who want to connect their network with matching job positions ("Staffers")
  • and job applicants who want to apply for an open job position they have been connected to by a Staffer ("Applicant").

Staffed holds the approval(s) required to operate its Platforms.

The bringing together of Advertisers, Staffers and Job Applicants is performed using a highly automated process.

The Use of the website is free of charge except for where it is explicitly indicated.

By accessing the website, the user indicates his/her/its agreement with these GTC and the Data Protection Declaration. By ticking respective box when registering an account, the user expressly agrees to these GTC and the Data Protection Declaration.

The provisions of the GTC not only apply to the use of the website, they also form an integral part of any contractual relationship with Staffed.

1. SCOPE OF APPLICATION

 

1.1. Subject Matter of the Agreement

The subject matter of these GTC is the legal relationship between Staffed on the one hand and Staffers, Applicants, Advertisers, and any other user using Staffed's products and services (hereinafter all together the "User") on the other hand with regard to the Platform and all other products and services offered by Staffed.

These GTC shall apply with regard to each and every use of the Platforms and other products and services offered by Staffed. These GTC shall apply regardless of the User's use of Staffed's products and services via a website (i.e. staffed.com), mobile applications, telephone or any other way.

 

1.2. Conclusion of Contract

These GTC are deemed to have been accepted by the User upon access to Staffed's website and/or using Staffed's mobile applications. By ticking the box for agreement with the GTC when registering an account the User explicitly acknowledges these GTC. Furthermore, the GTC apply not only to the use of Platforms but form an integral part of any contractual relationship with Staffed.

When using the Platforms of Staffed, the User may be requested to repeat his/her/its consent to these GTC by means of activating a corresponding input field.

 

1.3. Integral Parts of the Contract

Integral parts of the contract are (to the extent they are available or applicable in the specific case)

(i) the written cooperation agreement concluded between Staffed and the User,

(ii) the user-specific written offer,

(iii) the written order confirmation of Staffed,

(iv) these GTC,

(v) the Data Protection Declaration, and

(vi) the product description published on the Platforms of Staffed applicable at the time a product or service is used.

In the case of ambiguities or contradictions between the individual contract documents, the above stated order of priority shall apply.

With regard to data protection, the Data Protection Declaration in force at any given time on the official website of Staffed ("Staffed.com") shall apply.

2. SERVICES OF STAFFED Ltd

 

2.1. Service Offer

 

The User selects the services to be performed by Staffed among the services on offer at the time of his/her/its use. The current service offer is described on Staffed.com.

Staffed reserves the right to add new services and/or products and to change or completely or partially terminate existing services and/or products (including its Platforms) at any time and at its own discretion, without prior warning or giving reasons for doing so. Such changes, suspension or termination of the service offer shall not entitle the User to assert any claims against Staffed.

 

2.2. Service Availability and No Storage Service

 

Staffed does not promise to store or keep showing any information and content that has been entered or posted by its Users.

Staffed is not a storage service. The User agrees that Staffed has no obligation to store, maintain or provide the User with a copy of any content or information that the User or third parties provide, except to the extent required by applicable law and as noted in our Data Protection Declaration

The User is solely responsible for securing and backing up his/her/its content.

3. USE OF THE SERVICE OFFER

 

3.1. Publication of Ads, Profiles and Application Data

By drafting a job ad, the Advertiser grants its approval for the publication of respective job ad on the Platforms of Staffed and any of its partners, as well as any other publication channel used by Staffed. In particular, the job ads may be shared by the Staffers on social networks and through any other communication channel, complemented by Staffer's personal notes.

By inputting their application data, the Applicant declares his/her consent to have his/her application data made available on the Platforms to the respective Advertiser. The Applicant furthermore acknowledges, that Staffed may anonymize the uploaded application data and screen it for appropriateness for the advertised job position, prior to make it available to the Advertiser.

The non-publication or defective publication of a job ad, profile or job application or the placement thereof somewhere other than agreed does not give rise to any other claims against Staffed than specified in the Data Protection Declaration. The User is, however, authorized to request that the job ad, profile or job application in question be published or be published correctly.

Staffed may edit and make format changes to the User's content (such as translating it, modifying the size, layout or file type or removing metadata). However, Staffed will not modify the meaning of the User's expression.

 

3.2. Allowed Uses and User's Obligations

 

Staffed's products and services are not for use by anyone under the age of 16.

To be able to use Staffed's products and services, Advertisers and Staffers are required to register an account.

Job Ads, Profiles and Job Applications

All data submitted by any User must be complete, current and true. Job ads must imperatively be published under the name and in the design of the User and must contain the name and the contact address of the authorized owner of the ad account or the ad quota.

The User bears the sole responsibility for the contents of its job ads, profile and job application. The User represents and warrants that all information contained therein is correct and up-to-date. The Platforms can only be used to publish job ads, profiles and job applications that seek to enable an appropriate search for candidates or vacancies, and that comply with all statutory requirements. Job ads, profiles and job applications must in particular not violate the intellectual property, privacy or other statutory or contractual rights of third parties (cf. Data Protection Declaration).

The User undertakes not to publish any illegal content, in particular content of a racist, pornographic or personally injurious nature, on the Platforms.

Inadmissible is in particular the following content:

  • The use of pseudonyms;
  • Immoral or offensive job ads or profiles;
  • Multiple job ads or profiles summarized under one publication;
  • Job ads with erroneous or lacking job titles or descriptions;
  • Job ads for multi-level marketing, pyramid schemes, home-based work, gift circles etc.;
  • Job ads with erotic contents or for escort services;
  • Mystery shopping offers;
  • Offers for continuing education;
  • Job ads referring to offers for other positions, to communication or other products;
  • Job ads with insufficient identity/address information, merely postal addresses;
  • Content which is defamatory of any person;
  • Containing any material which is obscene, offensive, hateful or inflammatory;
  • Promoting sexually explicit material, violence, illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Content infringing any copyright, database right or trade mark of any other person;
  • Content that is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Content which is misrepresenting the User's identity or affiliation with any person.

Any published job ad must correspond to an actual vacant position. If an advertised job position has been filled, respective job ad must be deactivated or deleted. Staffed reserves the right to deactivate or delete job ads or accounts which have been inactive for a certain period at its own discretion. The User undertakes to reactivate a job ad only in case of a new vacancy or in case respective vacancy has yet not been filled-in.

Mentioning other contact data (phone number, email address, web address etc.) than the name and the contact address of the authorized owner of the Advertiser account in the details of job ads published on the Platforms is strictly forbidden and is a violation of these GTC.

The User may only use his/her/its Staffed account for personal use and must keep safe his/her/its access details and passwords and not pass them to third parties. If a third party obtains access to the Staffed account of a User, respective User must inform Staffed of this immediately.

Users must not use the Platforms or any other product or service of Staffed for a purpose other than in relation of filling in a specific vacancy.

Communication and Comments

Where Users communicate with other Users via the Platforms or submit comments, User must not:

  • lie to or mislead other Users;
  • distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters;
  • contact other Users for related purposes outside of the specific job ad under discussion;
  • use personal information about other Users, including but not limited to their names, email addresses, and postal addresses, except with their express consent.

Removal and Blocking at Staffed's Discretion

Staffed reserves the right to remove from its Platforms any notices, profiles or job applications that do not comply in full with these requirements, without prior notice or justification. In addition, Staffed reserves the right to block the User or its access to additional services or products.

Staffed may be required by law to remove certain information or content in certain countries.

 

3.3. Use of the "Apply now" Link

 

The following terms and conditions shall apply when making use of the "Apply now" link on the Platforms:

  • Applicants shall use the "Apply now" link to send their CVs and other application data to Staffed.
  • By using the "Apply now" link, Applicants request and authorize Staffed to provide said data to the Advertiser in relation to the selected job ad. Furthermore, they authorize Staffed to process the data according to the provisions set out in paragraph 3.1. "Publication of Ads, Profiles and Application Data" and paragraph 7. "Use of Data by Staffed and Data Protection".
  • In sending CVs and application data to Advertisers, Staffed provides no warranty that these will be received, read or answered.
  • Applicants shall be solely responsible for the content and format of their CVs and application data.

Application data sent to Staffed by email or any other means than the "Apply now" link will not be considered and deleted immediately.

 

3.4. Use of Application Data by the Advertiser

 

Advertisers undertake to Staffed and Applicants to treat the CVs and other application data received as confidential, to use them only for the purpose of filling the advertised vacancy, and to protect them from unauthorized access by third parties.

The Advertiser acknowledges that upon payment of the Disclosure Fee (cf. paragraph 3.7. "Reveal Contact Details and Disclosure Fee") respective application data is accessible only for a limited time. The application data will be erased upon conclusion of the application process, the latest.

If the Advertiser intends to save any application data on its own systems by download, print-out or similar (e.g. for future job offerings), the Advertiser has to obtain the relevant Applicant's prior consent by indication of the Advertiser's privacy policy.

 

3.5. Compliance

 

The User warrants that it will use the Platforms of Staffed 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 Staffed with a copy thereof on first request.

If there are any indications that the User violates legal regulations, rights of third parties (including rights of other Users) or provisions of the contractual relationship between Staffed and the User (i.e. these GTC), Staffed may take the following measures at its own discretion:

  • warning of the User;
  • deletion of single or all entries made by the User;
  • temporary blocking of the User's accounts;
  • final blocking of the User's accounts and deletion of his/her/its registration with immediate termination of the contractual relationship and blocking from opening a new account;

The assertion of claims for damages or other legal claims by Staffed remains reserved.

 

3.6. Staffer Rating and Review

 

For the purpose of quality assurance, Advertisers have the option to rate a Staffer (currently with thump-up or thump-down; ("Staffer Rating")). Staffed might also implement the option to give an articulated review of a Staffer ("Staffer Review").

The use of the Staffer Rating and Staffer Review is governed by the following provisions which must be respected by the Users:

  • The Advertisers may only rate or review Staffers of whom they got recommendations;
  • All information given in the Staffer Review must be complete and accurate;
  • No false or unnecessarily subjective reviews, statements or information may be provided by the Advertiser regarding Staffers or other circumstances affecting the Staffers;
  • User must refrain from identifying any other natural persons by name;
  • The User may not link the information provided by him/her/it to any external content;

The Staffer may comment on Staffer Reviews at any time. On Staffer Ratings, the Staffer cannot give any statements published on the Platforms. However, he/she/it can contact Staffed and state its reason why he/she/it considers respective Staffer Rating as unjustified. Staffed may then correct or delete a Staffer Rating at its own discretion.

For the use of the comment functions, the code of conduct set out in paragraph 3.2 "Allowed Uses and User's Obligations – Communication and Comments" is binding.

The User expressly agrees that his/her/its Staffer Review, Staffer Rating or comments may be edited or abbreviated by Staffed and moved to other sections or subject areas within the Platforms Furthermore, the User acknowledges that Staffed may reject or delete his/her/its Staffer Rating, Staffer Review or comments at any time without giving reasons for this. Moreover, the User expressly agrees that Staffed may utilize his/her/its Staffer Rating, Staffer Review or comments worldwide, even in connection with third party services.

Subject to legal claims, the Staffer shall have no right to the erasure or amendment of Staffer Ratings or Staffer Reviews by Staffed.

 

3.7. Reveal Contact Details and Disclosure Fee

 

Advertisers receive free access to those applicants' anonymous CV data who submitted their data via "Apply now" link. However, in order to gain access to the associated contact data, the Advertiser may (at the discretion of the recommending Staffer) have to pay a fee according to the price set by the Staffer ("Disclosure Fee"). Payment of the full Disclosure Fee shall be done to the account of Staffed via credit card or bank transfer. From the Disclosure Fee, 80%* (minus mandatory social security contributions and any other legally mandatory deductions such as taxes) shall be paid through Staffed to the Staffer. 20%* of the Disclosure Fee remain with Staffed as a service fee for the provision of the Platforms and other products and services. The contact details of the application data can only be accessed after receipt of payment of the Disclosure Fee (if such is required by the Staffer).

*Staffed reserves the right to change the ratio of the part paid to the Staffer and the part kept as a service fee, at any time.

In case the Advertiser tries to circumvent the payment of the Disclosure Fee by contacting an Applicant without paying the Disclosure Fee, the Advertiser commits a breach of contract. In such a case, Staffed may take the measures set out in paragraph 3.5. "Compliance". Staffers and Applicants shall notify Staffed about any attempts to circumvent the payment of the Disclosure Fee.

4. REFERRAL PROGRAM AND BONUS

 

A Staffer who successfully attracts new Staffers to the Platforms may get a compensation for his/her/its efforts ("Referral Bonus"). The extent of the Referral Bonus depends on the information provided on the Platforms.

Staffed can start, stop and/or change the details of the Referral Program at any time and at its own discretion.

All compensation shall be paid out after deduction of mandatory social security contributions and any other legally mandatory deductions such as taxes. Referral Bonuses are in any case not paid beyond the termination of a contractual relationship with or by the referring Staffer.

5. FEES AND PAYMENT TERMS

It is indicated on the Platforms what fee the User owes for the use of the services provided. The due date of the fees as well as the payment possibilities will be indicated on the Platforms. These indications shall be integrated part of the contractual relationship and the indicated prices shall be binding.

Staffed has the right to amend the prices at any time. Fees that have already been paid shall not be affected by such price changes.

The payment obligations of the User shall commence upon conclusion of the contract. Invoices from Staffed are payable within 30 days of receipt of the invoice, without deductions, provided other payment terms have not been explicitly agreed on or indicated on the Platforms. In the event of any delays in payment, default interest at the rate of 5% shall be owed and following the second warning, fees shall be invoiced to defray the costs of default. Where the User is in default in regard to payment of invoices, Staffed shall in addition be entitled to suspend its services without prior notice and to block the User or his access to further services of Staffed. Where payment in installments has been agreed and the User is in default with payment of an installment this shall also render the remaining outstanding installments payable.

If not explicitly indicated otherwise, the prices are exclusive of statutory VAT.

Staffed can provide the User with a copy of respective invoice via email, mail or the Staffed account.

6. GUARANTEE, WARRANTY AND LIABILITY


 

6.1. No Guarantee or Warranty from Staffed

 

Staffed does not make any representation or warranties or give any guarantee, express or implied, statutory or otherwise regarding any matter. The extent of this wholistic warranty and guarantee exclusion shall not be limited by the following provisions.

Staffed performs its services professionally and diligently. However, Staffed is not in a position to warrant for or to guarantee that its Platforms and other products and services are available without interruption or free of errors.

Staffed gives neither warranties nor guarantees in relation to its Platforms and other products and services.

Staffed does in particular neither warrant for nor guarantee

  • the topicality, timeliness, accuracy, completeness or suitability of content for a specific purpose;
  • that submitted application data will be received, read or answered or lead to a successful job placement;
  • that the Advertiser will not find a way to circumvent the payment of the Disclosure Fee;
  • that the published job ads will be read or answered or lead to a successful job placement;
  • the uninterrupted or disruption-free availability of its Platforms and other services and products;
  • its Platforms and other services and products being free of any defects or malware (e.g. viruses);
  • links to websites of third parties;
  • the prevention of data losses.

 

6.2. Staffed's Liability

 

To the extent legally permissible, Staffed shall be liable only for damage caused intentionally or through gross negligence. Furthermore, any liability for indirect damages or consequential damages is excluded and Staffed shall not be liable for acts of its associates to whom it delegates the performance of an obligation or the exercise of a right arising from a contractual obligation.

Staffed also publishes on its Platforms offerings from third parties and/or links to offerings or websites of third parties. Staffed is not responsible for these third party offerings or for the content of third party websites and excludes all and any liability in connection with such third party offerings and websites.

The scope of this comprehensive liability exclusion is not limited by the following specific terms.

Staffed shall in particular not be liable for any interruptions of service and/or technical difficulties and the effects thereof. The job ads, profiles and application data accessible on the Platforms of Staffed originate from the respective Users and Staffed assumes no responsibility for the accuracy or completeness of this information. Staffed endeavors to prevent any unauthorized use by third parties of the data published on its Platforms. All liability of Staffed in the case of unauthorized use by third parties is, however, explicitly excluded. Staffed assumes no responsibility for the success of a given job ad or job application.

 

6.2. Staffed's 6.3. Offers of Third Parties

 

Staffed may also publish offers of third parties and/or links to offers or websites of third parties on its Platforms. Staffed 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.

By using Staffed's Platforms and other products and services, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Staffed generally does not review content provided by its Users or others. The User agrees that Staffed shall not be held responsible for others’ (including other Users’) content or information.

 

6.4. User's Liability and Warranty

 

The User is responsible for the legality, accuracy and completeness of the content made available or entered for publication on the Platforms of Staffed and its partner platforms. The User is responsible for the careful and confidential safekeeping of his user information (in particular user name and password) and for all activities carried out through his/her/its account. The User is liable vis-à-vis Staffed 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 Staffed for any and all claims asserted by third parties against Staffed as a result of the User’s use of the Platforms of Staffed and its partner platforms. Such damages for which compensation shall be owed include reasonable legal fees. Staffed will immediately inform the User about any claims asserted by third parties.

The User warrants that his/her/its use of any feature that allows him/her/it to upload content to the Platforms of Staffed and/or communicate with other Users complies with these GTC and in particular with the provisions set out in paragraph 3.2. "Allowed Uses and User's Obligations", and that they will be liable to Staffed and indemnify Staffed for any breach of that warranty.

7. USE OF DATA BY STAFFED AND DATA PROTECTION DECLARATION

 

The protection of personal data is important to Staffed. Therefore, Staffed handles the personal data of its Users at all times with the greatest care and in accordance with the applicable data protection regulations. Staffed uses personal data among other things to provide services that the User can use. In addition, Staffed uses personal data with the help of a statistical model and/or manual processing to optimize the job recommendations. For this purpose, Staffed evaluates the data (including data from uploaded documents) that Applicants pass to Staffed and the usage behavior of the Users on the Staffed Platforms. Further information concerning the use of personal data can be found in the Data Protection Declaration.

The User grants Staffed the unlimited right to use and dispose of the data passed to Staffed in anonymized form.

8. INTELLECTUAL PROPERTY

 

All proprietary and intellectual property rights in the Platforms and other products and services of Staffed, in particular copyrights and rights in trademarks, designs and know-how, remain in the ownership of Staffed.

Staffed grants to the User a non-exclusive, non-transferable right to use the Platforms in accordance with these GTC.

The User retains all of its ownership rights in its content, but grants Staffed and its affiliates a perpetual, non-exclusive, worldwide, royalty-free, transferable and sublicensable right to use, copy, modify, distribute, publish, and process information and content that it provides through Staffed's Platforms and the services of others, to the extent necessary for Staffed to publish job ads, profiles and application data as set out in paragraph 3.1. "Publication of Ads, Profiles and Application Data". Furthermore, Staffed has the right to serve ads near their content and information without any payment to the User or others.

By submitting suggestions or other feedback regarding the Platforms and other products and services of Staffed, the User agrees that Staffed can (but does not have to) use and share such feedback for any purpose without compensation to the User and beyond the end of the contract.

9. DURATION OF THE CONTRACT

 

Coming into Effect and Duration

  • with receipt of the registration confirmation email (sent to the email address given by the user), respectively
  • by Staffed countersigning a written cooperation agreement or
  • by receival of the signed offer by Staffed,
  • by explicit or implicit acceptance of an order confirmation,
  • by payment of an invoice,
  • by creation of an account on the Platforms of Staffed or
  • by first use of the Platforms and other products and services offered by Staffed,

whichever event happens first.

The user has no claim to the conclusion of a contract. The contract remains in force for an undefined term.

Termination by the User

The User may terminate the contract with Staffed at any time by letter to Staffed AG, Rainstrasse 1, 8104 Weiningen or by email to info@staffed.com and require Staffed to delete the relevant Staffed account or by deletion of the Staffed account in the account settings.

In this event and without delay, Staffed shall delete the Staffed account and all data of the User to the extent that data is not needed to close the contractual relationship, to make or enforce claims and Staffed does not have a legal obligation to retain the data.

Staffed reserves the right to anonymize the data instead of erasing it. The User grants to Staffed in accordance with these GTC the unlimited right to use and dispose of this anonymized data.

More detailed information on the use and deletion of data can be found in the Data Protection Declaration.

Termination by Staffed

Staffed may terminate the contract with the User at any time and with immediate effect by letter or email, without providing reasons.

Consequences of Termination

Any payments owed by an Advertiser prior to termination remain owed after termination. In particular, if the contract is terminated during an ongoing chargeable provision of service, the contract shall end only with full payment of the fee. The Advertiser may require the early deletion of job ads or data. In this event, the Advertiser shall have no right to reimbursement of fees already paid.

In the event of deletions, blockings or a termination undertaken by Staffed due to breach of contract or in any other relation to these GTC such as according to paragraph 2.1. "Service Offer", the User has no right to reimbursement of fees already paid and the Staffer loses claim to any payments for Disclosure Fees and/or Referral Fees.

Upon termination of the contract by either party, Staffed's obligation to pay any Referral Bonus ends.

Staffed has no obligation following termination of the contract to retain data and documents supplied to it, or to return such to the User, save where retention or return have been expressly provided for or there exists a legal obligation to retain or return.

10. REMAINING PROVISIONS


 

10.1. Place of Performance

 

The place of performance for all services to be performed by Staffed is its business domicile.

 

10.2. Amendments to the GTC

 

Staffed reserves the right to amend these GTC as well as the Data Protection Declaration at any time and at its own discretion. Between the User and Staffed, the version of these GTC currently published on Staffed.com shall apply. Staffed will inform the User on Staffed.com, by email or by other such suitable means about any amendments to these GTC. Staffed will not apply any changes retroactive, except for those changes which imply an improvement of the User's rights.

The User has to confirm the changed GTC and/or Data Protection Declaration in order to make full use of the Platforms and other products and services offered by Staffed. To the extent the User objects to any changes to the GTC and/or Data Protection Declaration, the User is free to terminate the contractual relationship according to paragraph 9. "Duration of the Contract" and to cease use of the Platforms and other products and services of Staffed. However, the continued use of the Platforms and other products and services of Staffed after the publication of the changed GTC and/or Data Protection Declaration implies the User's consent to the updated version thereof.

 

10.3. Legal Notification

 

The User agrees that legal notifications can only be given to the addresses published on Staffed.com under "Legal Mentions".

 

10.4. Assignment and Set-Off

 

The User can only transfer rights and obligations arising from the contractual relationship to third parties with the agreement of Staffed. The same applies with regard to the transfer of the entire contractual relationship to a third party or the entry of a third party into this contractual relationship.

However, the User agrees that Staffed may assign the contractual relationship to its affiliates or a party that buys it without prior consent.

The settlement of reciprocal claims is only permissible insofar as the claim for set-off is based on a final judgment or has been recognized as legally binding by the other party.

 

10.5. Severability

 

Should one or more provisions of these GTC be or become invalid or void, the validity of the remaining provisions shall be unaffected. The invalid or void provisions shall be interpreted or replaced such that they comply as closely as possible with the intended purpose of the agreement. The same applies in the case of an omission.

 

10.6. Applicable Law and Place of Jurisdiction

 

These GTC and other contract components, as well as any disputes which arise from or in connection with the contract relationship between Staffed and the User, shall be exclusively governed by the substantive laws of Switzerland to the exclusion of its conflict of laws principle. The ordinary courts at the place of registered office of Staffed shall have exclusive jurisdiction, whereby Staffed shall also be entitled to seek redress against the User at the latter’s place of domicile respectively residence.

Weiningen (Switzerland), November 2018