(Version 1.3; Stand 31.08.2021)
JOIN has set itself the mission of connecting job seekers and companies worldwide.
JOIN has set itself the mission of connecting job seekers and companies worldwide. Companies can use the JOIN platform at https://join.com/ (hereinafter referred to as "platform") to advertise vacancies and manage applications received in one central location. Our services are designed to make the recruiting process easier for companies and employees alike, especially for the allocation of suitable candidates and simplifying the job application procedure.
The following General Terms and Conditions (hereinafter referred to "GTC"), the latest version of which can be found at https://join.com/terms/, apply within the framework of the contractual relationship (all applicable contractual provisions hereinafter collectively referred to as "user agreement") between end users, i.e. registered companies or their authorised representatives (hereinafter referred to as “Company”) and JOIN Solutions AG Landsgemeindeplatz 6, 9043 Trogen, CH (hereinafter referred to as “JOIN”).
1. Subject of performance & scope
These GTC apply to all services offered to the Company via the platform. JOIN's main obligation is to provide the platform. JOIN shall provide the platform as it was available when the Company registered, in accordance with Section 3 ("as is"). The platform enables companies to create a company profile on the platform, to place job adverts for open positions, to receive applications and to manage them. Furthermore, the Company can also receive automated suggestions for interesting users on a regular basis, so that they can be contacted. This does not entitle the Company to any claims for JOIN to offer specific users through suggestions. The Company also has no right to a specific platform design or equipment.
JOIN reserves the right to upgrade the platform at any time and to add or remove features in the course of this, as well as to modify it in whole or in part at its own reasonable discretion (§ 315 BGB, German Civil Code), taking into account the interests of the Company, or to temporarily or permanently discontinue features, provided this does not affect JOIN's essential contractual obligations from the contractual relationship and that this is deemed reasonable for the Company. In this case, the procedure according to paragraph 5 shall apply. JOIN reserves the right to offer certain areas, features or services in the future for a fee. In this case, the Company will be notified specifically regarding any future payment obligation.
JOIN endeavours to ensure that the platform can be used as interruption-free as possible. However, technical disruptions (e.g. interruptions to power supply, hardware and software errors, technical problems in the data lines) can result in temporary restrictions or interruptions. JOIN provides the platform with an overall availability of 98.5% as an annual average. The availability is calculated after deducting periods required for maintenance. The platform will not be available during maintenance work. Furthermore, the right to use the content available on the platform is subject to the scope of the technical and operational possibilities at JOIN.
These GTC shall apply exclusively. Any deviating, conflicting or supplementary terms and conditions of the Company shall only become part of the contract if and to the extent that JOIN has expressly agreed to their validity.
JOIN expressly reserves the right to make changes to these GTC. Changes to these GTC shall become effective if the Company does not object to the changes in writing within one month of receiving notification of change and JOIN has informed the Company of this right of objection and the applicable deadline in the notification of change. If the Company objects to the change in writing, the previous GTC shall continue to apply. In this case, JOIN is entitled to terminate the contractual relationship with the respective Company within two weeks of receipt of the objection. Excluded from this right to make changes are changes that relate to an obligation of one of the parties, the fulfilment of which is essential to accessing JOIN services and on the compliance of which the other party regularly relies or may rely (“essential contractual obligation”).
2. Registration and accessing the platform
Only companies or their authorised representatives conducting commercial or self-employed business activity are entitled to register on the company platform. To open an account, the Company registering must use an email account belonging to the Company for entering details on the registration form. The details submitted via the registration form must be correct, complete and truthful and must be kept up to date. Before submitting the registration form, the Company shall confirm that it has read and understood the GTC and agrees to their validity.
To verify the information provided, JOIN sends the Company a confirmation email using the so-called double opt-in procedure. The data transmitted during the registration process via the registration form is checked by JOIN for completeness and plausibility. If JOIN has a justified suspicion of misuse, e.g. that the data transmitted via the registration form is inaccurate or untruthful, JOIN will refuse to activate the company profile. If the information is perceived to be correct by JOIN and there are no other concerns from JOIN's point of view, JOIN will activate the company profile and send a confirmation email with an activation link to the email address provided by the Company. By clicking on the activation link, the Company accepts the offer to conclude a user agreement. Once the account has been activated, the Company can customise its company profile. This does entitle the Company to any claims for the conclusion of a user agreement or the activation of a company profile.
If user accounts for employees are added to the company profile, the Company shall be responsible for ensuring that the data protection requirements are met, in particular that the data processing takes place lawfully and that the employees concerned have consented to this data processing.
3. Rights and obligations of the Company
The company is responsible for keeping the login details confidential. The username and password for access are to be kept secret in such a way that unauthorised persons or third parties cannot gain knowledge of them. The login details may only be passed on to employees with access authorisation, who are obliged to maintain confidentiality accordingly. If the company becomes aware of misuse of the login details, or if there is a possibility or threat of such misuse, the Company must inform JOIN immediately. The Company shall be liable for misuse of the login details; this does not apply if the Company is not responsible for the improper use.
The company is responsible for keeping job adverts created via the platform and the information in the company profile up to date. The company is prohibited to permit their employees with authorised access to bypass the platform or the JOIN services e.g. by publishing contact email addresses for job applications or links or information on alternative job application methods via the platform.
The content published in this way via the platform, in particular company profiles and job adverts, is deemed third-party content by JOIN, unless it is provided with a clear reference by JOIN. JOIN does not check the completeness, accuracy or legality of third-party content and therefore assumes no responsibility or guarantee for the completeness, accuracy, legality and topicality of the third-party content.
Job adverts that are no longer current can be archived by changing the status of the job advert in profile management. Job adverts archived in this way can no longer be accessed by third parties via the platform, but can be reactivated by the Company by changing their viewing status to “online” in profile management.
The Company is responsible for the content posted and must ensure that the current laws and other legal provisions are observed when creating and managing the company profile and when creating job adverts. In particular, the Company is prohibited from posting any data or content such as text, images, logos, etc. that violate current laws, intellectual property rights, copyrights or other third-party rights. Also prohibited are files containing violent, pornographic, discriminatory, insulting, racist, defamatory or other illegal content or depictions, which may not be uploaded and/or made publicly accessible or made part of the content conveyed via the platform. It is also prohibited to upload files in which third-party company names, trademarks or other commercial symbols or other protected logos are displayed in whole or part, unless the Company has the corresponding rights of use and/or permission.
The Company is also responsible for ensuring that the current data protection regulations are observed when using the platform and in particular when managing job applications and handling personal data obtained via the platform. Furthermore, the provisions of Section 8 shall apply.
If the Company uses the automated rejection feature for applicants, e.g. in the event that an application does not meet the company's requirement profile, JOIN shall act solely as the technical service provider in this regard. The Company is solely responsible for the creation and legal compliance of the content of these automated cancellations.
4. Rights and obligations of JOIN
JOIN envisions itself as a technical software and platform service provider to connect job seekers and companies worldwide and to fill vacancies in the best possible way. In accordance with the user agreement, JOIN fulfils its own main service obligations towards the companies by providing the platform with the available functionalities pursuant to Section 1 and - if additional services are used pursuant to Section 6 - with the provision of the booked or agreed service requirements. JOIN neither places applicants nor is JOIN involved in any other way in the application and staffing process. It is therefore not responsible for the outcome.
JOIN is not obliged to proactively monitor the information and content published or transmitted via the platform or to check its accuracy, completeness, topicality or legality. Nevertheless, JOIN reserves the right to randomly check the job adverts published on the platform for legal compliance. If there is reasonable suspicion of violations, JOIN can take the measures specified in paragraph 4.
JOIN shall regularly inform the Company via email about activities taking place on the platform, such as the current status of the job adverts, the account, bookings, applications received and the application process.
JOIN may, at its reasonable discretion, taking into account the interests of the Company, impose one or more sanctions against the Company if it has culpably violated these GTC or current law. The severity of the sanctions shall be based on the severity of the company's violation. The sanction shall remain in place until the sanctioned action has been stopped by the Company and any risk of repetition has been eliminated. The following sanctions may be imposed: (i) deactivation or blocking of individual additional services or content of the Company, in particular images, files or text passages published on the platform, (ii) deletion of the content posted by the Company, (iii) complete blocking of access to the platform including the company profile and (iv) deletion of the company's account or terminating the user agreement. The right to extraordinary termination for good cause by JOIN according to Section 7 Paragraph 4 remains unaffected by this, as does the assertion of further claims.
5. Subscription models and invoicing
In addition to the free platform service, JOIN also offers the Company various additional services that are subject to a fee (subscription models), primarily to increase the reach of job adverts (multi-postings) and to manage applications (applicant management tool), which are only activated after booking and payment. When using the pricing, content, services, duration as well as payment and termination functions of the subscription models, the current service descriptions are displayed on the platform, which are fully transparent.
Prices listed for subscription models exclude VAT.
To book a subscription model, the Company must first select the desired model in profile management and then place it in the shopping cart by clicking the Add to Cart button. Then click on the Proceed to Checkout button to take you to the checkout page with the services placed in the shopping cart and the total costs clearly displayed, and enter your billing information. By clicking on the Place Your Order button, you submit a binding offer to book the services placed in the shopping cart. Upon receipt of confirmation of the booking, JOIN accepts the order and a contract for the subscription model selected is concluded.
Invoicing for the subscription models booked is done digitally; paper invoices will not be issued. The invoice shall be either sent to the Company via email or stored in the company profile on the platform, where it can be viewed at any time.
Individual JOIN services that are provided via the platform may be subject to a fee in the future. The Company will be informed of this at the latest prior to any use of a chargeable additional service. Before using an additional service that is subject to a fee for the first time, the Company must confirm that it has been informed about the payment obligation and the costs, and that it agrees to the use of the additional service that is subject to a fee.
6. Rights of use
The Company hereby grants JOIN the non-exclusive, regionally and temporally unrestricted right to use for the content provided in the company profile and in job adverts, in particular images, logos and texts, as well as the data generated as part of application management on the platform to fulfil the purpose of the contract. This also includes the right to modify the content and use it in such a way that JOIN may enlarge or reduce the images and/or colour images black and white in order to be able to display the images accordingly in the profile. Unless expressly stated in these GTC, the Company shall not be granted any rights to use for JOIN’s intellectual property rights.
7. Duration and termination
The user agreement commences when it comes into effect in accordance with Section 2 and is concluded for an indefinite period.
The Company is entitled to terminate the user agreement at any time without giving notice by simply sending a request to this effect via email with the subject “Termination” to [email protected] Subscription models can be terminated with a notice period at the end of the respective contract period by sending an email clearly expressing a request for termination to [email protected] The termination of a subscription model does not lead to automatic termination of the user agreement.
The company profile can be deleted at any time by sending a request to this effect via email with “Delete” written in the subject to [email protected] The deletion of the company profile does not affect existing subscription models.
If the company profile is deleted, all job adverts created and published on the platform and the company profile will be deactivated and all applications received and data stored in the company profile will be irrevocably deleted. This does not apply to data that is subject to statutory retention requirements or whose further processing is necessary for JOIN to fulfil contractual obligations.
The user agreement can be terminated by JOIN at any time in writing (e-mail) with a notice period of one (1) month.
The right to terminate for good cause remains unaffected. A good cause that entitles JOIN to terminate is in particular if the Company culpably violates Section 3, Section 8 or the essential provisions of these GTC. JOIN also reserves the right to extraordinarily terminate the user agreement if there is a change of control at the company, whereby the majority of voting rights are actually transferred to a third party and the decision-making process of the corporate bodies can therefore be determined directly by the said third party.
8. Data protection and data security
With regard to the processing of submitted and locally stored applicant data, the Company’s responsibilities are governed by Article 4 No. 7 GDPR. The Company is therefore responsible for ensuring that all requirements of the current data protection regulations are fully implemented and kept up to date in order to guarantee the protection of the rights of the persons concerned. In particular, it must be ensured that (1) the information obligations towards applicants and employees are fully met, (2) the addition of further employees to the company profile is done on a legal basis and (3) the applicable deletion periods are observed.
If JOIN is engaged as a processor for the Company as defined by Article 28 GDPR, the provisions of Appendix 1 on order processing shall apply.
Unless otherwise stated in these GTC, JOIN shall be liable within the framework of the use of the platform in accordance with the following provisions.
If the Company suffers damage as a result of using the services provided free of charge via the platform, JOIN shall only be liable if the damage arose from the contractual use of the free services, the Company was not culpable and only in the case of intent (including fraudulent intent) and gross negligence on the part of JOIN.
The following provisions apply for liability:
The above limitation of liability does not apply in the event of fraudulent intent, in the event of bodily or personal injury, for the breach of guarantees or for claims arising from product liability.
The Company shall be solely liable for breaches of obligations by the Company, in particular for violations of third-party trademarks, copyrights and naming rights. The Company shall indemnify JOIN from all claims for payment by other companies and third parties upon first request, which are asserted against JOIN due to a violation of rights or contract by a company. The Company shall, upon first request, pay all reasonable costs incurred by JOIN resulting from such infringement. This includes in particular the necessary costs for legal defence. This does not apply if the Company is not responsible for the infringement. Other claims by JOIN against the Company remain unaffected.
10. Severability clause
If any provision of these GTC any other agreement concluded with reference thereto is or becomes partially or completely invalid, regardless of when or for whatever reason, or should these GTC contain an omission that the parties agree must be regulated, this shall not affect the validity of the remaining provisions of the GTC. In this case, the parties are obliged to replace the invalid or incomplete provision with a provision that comes closest to the original purpose to the invalid or incomplete provision. Until this replacement occurs, the statutory regulations shall apply in place of the invalid or missing provision.
11. Governing law and place of jurisdiction
The law of Switzerland shall apply exclusively to the contractual relationship between JOIN and the Company as well as to the services to be provided by JOIN or other actions to be carried out, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict of laws.
The sole place of jurisdiction, also internationally, for all disputes arising directly or indirectly from the contractual relationship between JOIN and the Company shall be the court having jurisdiction for JOIN’s registered office. JOIN is entitled to take legal action against the Company at its general place of jurisdiction.
If you have any questions or problems, you can reach our team at [email protected]