General Terms and Conditions
This document sets out the general terms and conditions under which employers can use the job platform BFH Studentjobs, which is operated by BFH Career Services. BFH Career Services reserves the right to amend these General Terms and Conditions at any time. The published version of these General Terms and Conditions in German at the time a service is used (e.g. publication of a job advert) on the job platform BFH Studentjobs applies. Otherwise, the provisions of the Swiss Code of Obligations (OR) apply.
§ 1. Description of services
- BFH Studentjobs allows employers to publish job adverts. The job adverts are aimed at students and alumni of BFH. Depending on the type of company, publications by employers on the job platform BFH Studentjobs are free or subject to a fee, although they are always subject to these General Terms and Conditions.
- An employer must have registered on BFH Studentjobs in order to publish job adverts.
- All job adverts on BFH Studentjobs must require a level of university education equivalent to that of a BFH student or graduate.
- Employers undertake to only advertise jobs that are available at the time of publication.
- Job adverts may only be published individually with no more than one profile of requirements. In particular, generic job adverts and links to other job portals hosted on internal or external websites of companies or academic institutions are prohibited.
- By publishing a job advert on BFH Studentjobs, employers accept these General Terms and Conditions. Any resale of services or information obtained from BFH Studentjobs to third parties is prohibited. Subsidiaries of the same company or the same academic institution must have separate accounts.
- Companies and organisations that are in competition with BFH Studentjobs, e.g. those which operate their own job platform (‘competitors’), are not permitted to use BFH Studentjobs.
§ 2. Conclusion of contract, term
- Employers shall select the service (publication) from the available range of services on BFH Studentjobs at the time the order is placed.
- A contract shall come into existence when BFH Career Services, as the operator of BFH Studentjobs, confirms the order in writing or the publication takes place on the job platform BFH Studentjobs. Email is an acceptable format to satisfy the written form requirement.
- The term of the contract is defined by the details in the range of services.
§ 3. Prices, terms of payment
- The valid prices at the time the service is used can be viewed on www.studentjobs.bfh.ch. Prices are subject to change.
- Invoices are payable 30 days after the invoice date.
- In the event of non-payment, BFH Career Services reserves the right to prematurely deactivate job adverts and block access to other services. In such a case, the employer is not entitled to a proportional refund or compensation for any losses. Employers who are in default shall be charged a dunning fee of CHF 30 for the second payment reminder in addition to the amount owed.
§ 4. Registration and passwords
- When they register on BFH Studentjobs, employers shall be prompted to create an account and provide the personal information of a person in charge. The personal data of the person in charge shall only be used for the purposes of providing the services of BFH Studentjobs and shall not be shared with third parties. The personal details of the person in charge can be edited in the employer’s account at any time.
- Employers are responsible for keeping their accounts confidential, especially their usernames and passwords. Employers must notify BFH Career Services of any and all misuse of their account without undue delay. BFH Career Services accepts no responsibility if an employer should fail to do so.
§ 5. Use of content
- Employers may only use the job platform BFH Studentjobs for lawful purposes.
- Employers undertake to only use the services of the job platform BFH Studentjobs for recruitment purposes. By creating an account on BFH Studentjobs, employers confirm that the information they have provided is accurate.
- BFH Career Services reserves the right to reject or delete information or job adverts that conflict with the purpose of the job platform BFH Studentjobs or are immoral or unethical.
- BFH Career Services shall validate every job advert from an employer before it is published. A job advert from an employer shall normally be verified within two working days of its creation. BFH Career Services reserves the right to refuse to validate a job advert without providing justification.
- Employers agree not to misuse or transmit content from the job portal BFH Studentjobs and not to copy or modify the source code of BFH Studentjobs.
§ 6. Access to and use of the CV database
- On the job platform BFH Studentjobs, the students and alumni of BFH who have access to the job platform by virtue of their affiliation with BFH can add their CVs to a database.
- The CV database may not be used for any other purpose than to initiate a service or employment relationship in connection with vacant positions which are actually available. Employers affirm that they will comply with all legal provisions concerning data protection and personality rights. If an employer is in breach of contract or violates a data protection regulation or personality right, BFH Career Services is entitled to discontinue its service by blocking access or using any other feasible means. This shall not affect any payment obligations on the part of the employer.
- Employers shall be issued with an access code (a username and password) with which they can access the CV database. Employers undertake to keep this access code secret and, in particular, not disclose it to third parties. Only one natural person (normally the person in charge) is permitted to access the CV database for each access code issued. The name of that person must be given to BFH Career Services via the job platform BFH Studentjobs.
- As the details of employers and users are only provided by the employers and users themselves, BFH Career Services makes no guarantee that the details are complete, accurate, available or have been entered with care. Likewise, BFH Career Services makes no guarantee that a published job advert will generate a specific number of responses or that a specific number of profiles matching a certain search criterion will exist.
- BFH Career Services is entitled to suspend use of the job platform BFH Studentjobs at any time by blocking access to it or using any other feasible means if an employer turns out to be a competitor or if an employer shares information from the job platform or CV database with competitors.
- Students must be registered at Bern University of Applied Sciences and alumni must have an edu-ID in order to use the private area of the CV database.
- Employers and users agree that all important messages concerning use of the job portal BFH Studentjobs will be sent by email unless the law stipulates a different format.
§ 7. Data protection
- Employers and BFH Career Services alike shall adhere to the relevant data protection regulations.
- Employers and BFH Career Services alike shall treat personal data to which they gain access as part of the conclusion and execution of the contractual relationship as confidential.
§ 8. Exclusion of liability
- The services of BFH Career Services are generally available around the clock, 365 days a year.
- However, BFH Career Services does not guarantee that the platform will never malfunction temporarily or become unavailable. Likewise, BFH Career Services accepts no responsibility for data losses resulting from outages, faults or improper use of the job platform BFH Studentjobs.
- BFH Career Services cannot be held liable for the accuracy of content published on the job platform BFH Studentjobs by employers, other users, students or alumni.
- BFH Career Services makes no guarantee as to the quality or accuracy of applications submitted in response to the published job adverts.
§ 9. Severability clause
- If any individual provision of these General Terms and Conditions should be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, this shall not impact the effectiveness of the remaining provisions of these General Terms and Conditions. In this case, the parties undertake to replace the affected provision with an effective, admissible provision which best approximates the original intention of the parties without undue delay. The same applies in the event of a loophole.
§ 10. Applicable law
- The parties shall endeavour to resolve any disputes arising from the execution of a contract amicably.
- Swiss law applies. The place of jurisdiction is Bern, Switzerland.