1. general

The Ostendis e-recruiting system, which is accessible via the domains ostendis.ch, ostendis.li, ostendis.de, ostendis.at, ostendis.net, and ostendis.com, is provided and operated by the company Ostendis AG (Boniswil AG, Switzerland, CHE-102.097.264).

2. scope of application

These GTC govern the contractual relationship between the customer, who uses the Ostendis e-recruiting system free of charge or for a fee, and Ostendis AG.

3. offer, right of use, Ostendis account

Ostendis AG offers the Ostendis e-recruiting system on the Internet, which consists of a closed, protected system and enables the customer to process and manage applications.

Ostendis AG grants the Customer a right of use with all rights and obligations in accordance with these GTC. The customer does not receive any further rights to the products of Ostendis AG.

To be able to use the Ostendis e-recruiting system, every person who works with it must have an Ostendis account, which allows applications and related information to be saved. When an application is forwarded, a free Ostendis account in the Free Edition is automatically opened for the recipient, if necessary. In principle, the opening of an Ostendis Recruiting Account is always free of charge and free of any further obligations, subject to compliance with these GTC.

The Ostendis account in the Free Edition is absolutely free.

The paid Ostendis accounts in the Professional Edition offer extended functions to increase productivity. The data in these accounts is stored for an unlimited period of time.

If the customer does not have an active Ostendis account in the Professional Edition, Ostendis AG reserves the right to delete data that is older than 180 days and is assigned to the customer. A corresponding deletion will be indicated in advance by e-mail.

4. ostendi’s company registration

In order to use fee-based offers such as the Ostendis account in the Professional Edition, registration of the company is mandatory. The person who registers the company confirms that they are authorized to perform this action on behalf of the company. This person is considered the company administrator and can add Ostendis accounts to this company, access the content of all Ostendis accounts that have been added to the company, and also edit and delete them.

A company can have an unlimited number of Ostendis accounts. The company administrator can open an account for someone or add an existing account to the company. However, this must be confirmed by the owner of the corresponding Ostendis account. Conversely, an Ostendis account owner can join a company, but this must be confirmed by a corresponding company administrator.

5 Prices, price changes, price guarantee for new customers

For fee-based offers such as the Ostendis account in the Professional Edition and additional services such as the Email2Ostendis service (conversion of applications by Ostendis AG) or the Ostendis CVdropper™, the current prices published on the public website of Ostendis AG at www.ostendis.com apply. All prices published for the customer are exclusive of statutory VAT at the currently applicable rate.

Ostendis AG relies on a usage-based billing model without a fixed contract period for the fee-based Ostendis account in the Professional Edition.

Prices may be changed by Ostendis AG at any time. Ostendis AG shall inform the customer’s company administrators of such a change 60 days in advance.

Ostendis AG offers the customer a price guarantee for 180 days from the activation of the first Ostendis E-Recruiting-System account in the Professional Edition.

6. terms of payment, default of payment

In principle, all amounts owed to Ostendis AG are due for immediate payment. The invoices are displayed in the Ostendis accounts of the company administrators. They will only be informed of new invoices by e-mail. Unless otherwise agreed, payment must be received by Ostendis AG within 30 days of the invoice date. It is the responsibility of the company administrators to ensure that this deadline is met. After expiry of this deadline, Ostendis AG reserves the right to block the Ostendis accounts of the defaulting customer without further prior notice until receipt of payment and to suspend all further services with immediate effect. However, this measure does not release the Customer from paying the amounts owed to Ostendis AG.

7 Duration of contract, termination of contract, notice of termination

The contract between the customer and Ostendis AG is concluded by the opening of an Ostendis account and the confirmation of the GTC by the customer. The contract is concluded for an indefinite period.

If the customer opts for a fee-based Ostendis account in the Professional Edition, she does not specify a specific period of use when concluding the contract.

The published usage costs will be charged for each day started on which the Ostendis account exists in the Professional Edition, regardless of whether the Ostendis account was actively used on the charged days or not.

The Ostendis account in the Professional Edition can be switched to the free Free Edition or deleted at any time in the Ostendis E-Recruiting system. Accordingly, no more usage costs will be charged from the following day.

If an Ostendis account is switched from the Free Edition to the Professional Edition, there is an obligation to use or pay for it for a minimum period of 10 days. If the Ostendis account in the Professional Edition is switched back to the Free Edition or deleted before the end of this period, there is no entitlement to reimbursement of the costs (not even pro rata) that have arisen from the change of edition from the Free Edition to the paid edition.

Each customer is entitled to a one-off, free evaluation period of 100 days. During this period, Ostendis AG enables the customer to fully test the Ostendis e-recruiting system in practice with any number of Ostendis accounts in the Professional Edition. Once the evaluation period has been activated, it is deemed to have been used, even if the Ostendis accounts are prematurely switched back to the Free Edition or deleted.

After the evaluation period has expired, Ostendis accounts in the Professional Edition will automatically continue as fee-based accounts. The automatic switch to the paid version will be indicated by an e-mail to the Ostendis account holder or Ostendis customer support will inform the customer by telephone about the expiry of the free evaluation period.

The owner of an Ostendis account can delete it at any time using the deletion function provided in the e-recruiting system. If the corresponding account is not assigned to a customer, all data and all electronic documents stored at Ostendis that are directly assigned to this account will be deleted. This action is irrevocable and final.

If an account assigned to a customer is deleted and it is not the last account of this customer, no data such as applications, jobs, reply templates etc. will be deleted.

If the deletion concerns the last Ostendis account assigned to a specific customer, all company-specific data, such as jobs, active and archived applications, self-created reply templates, etc. will be irrevocably deleted.

Upon termination, Ostendis AG shall provide the customer with a technical means of transferring the customer’s data to itself in XML or file form.

8. functional changes in the Ostendis e-recruiting system

Ostendis AG reserves the right to make functional changes and additions to the offer at any time without prior notice. The contractual relationship between the partner and Ostendis AG will not be affected by this and will continue tacitly.

9. misuse of the Ostendis e-recruiting system

If there is any suspicion of illegal, immoral or non-contractual use of the Ostendis E-Recruiting system, the Ostendis account may be blocked by Ostendis AG at any time with immediate effect without prior notice. This applies in particular to the use of third-party personal data during registration, deliberate falsification of identity or uploading of documents and images with criminal content. Furthermore, technical manipulations, attempted attacks, network attacks or the misuse of the Ostendis E-Recruiting system, which aim to manipulate other technical infrastructures or disrupt their correct operation, are registered by monitoring systems. This enables Ostendis AG to identify persons at fault. Ostendis AG reserves the right to file a criminal complaint with the competent authorities in all cases of misuse.

10. availability of the Ostendis e-recruiting system

The Ostendis e-recruiting system is generally available 24 hours a day, 365 days a year. However, Ostendis AG explicitly assumes no guarantee for the uninterrupted operation of the service. Foreseeable interruptions that are necessary due to maintenance work will be announced in advance on the Ostendis E-Recruiting System login page. Unplanned service interruptions will be rectified as quickly as possible in the interests of all parties, but do not entitle the customer to claim compensation.

11. sending notifications and reminders

In the Ostendis e-recruiting system, Ostendis AG offers the customer the option of setting up notifications and reminders to draw attention to certain application statuses or important events by e-mail or other communication channels. Ostendis AG cannot guarantee the correct and timely transmission of all notifications and reminders, as it is dependent on partners such as Internet providers. Any liability for damages or consequential damages resulting from the non-delivery or late delivery of a notification or reminder is expressly rejected.

12 Liability of Ostendis AG

In principle, Ostendis AG accepts no liability for the data and documents entered by the customer. This applies in particular in the event of data loss on the part of the customer (e.g. due to incorrect input), as well as on the part of Ostendis AG. Ostendis AG is not liable for any damage caused as a result of an interruption or technical malfunction of the Ostendis e-recruiting system. Nor can Ostendis AG be held liable for damages incurred by the customer or third parties as a result of the behavior of other customers or third parties.

13. data protection

Due to the high relevance of data protection in Ostendis AG’s services, the basic data protection provisions are set out in a separate document, which forms an integral part of these GTC. It can be accessed at any time under “Data protection” on the Ostendis public website.

14 Duties and responsibilities of the customer

The customer is obliged to keep her access data, in particular the login links and passwords to the Ostendis accounts, absolutely secret. The Customer alone is responsible for deciding to whom she forwards which information or to whom she makes it available.

15 Validity, amendment of these GTC

The current version of the GTC can be accessed at any time on the public website of the Ostendis e-recruiting system and is binding for both the Client and Ostendis AG. By confirming the GTC when registering the Ostendis account, the Client declares that she has taken note of and understood the content and accepts these GTC in full.

Ostendis AG reserves the right to amend or adapt these GTC at any time. The Customer will also be informed of any changes by e-mail and must confirm acceptance of the new version of the GTC in the system within 30 days. Otherwise, Ostendis AG reserves the right to temporarily block the service until confirmation has been received from the customer.

16 Place of jurisdiction, applicable law

All legal disputes between the Client and Ostendis AG shall be subject to the jurisdiction of the courts at the registered office of Ostendis AG. However, Ostendis AG is free to assert its rights at the Customer’s domicile or before any other competent authority. The contractual relationship shall be governed exclusively by Swiss law. If the Customer is domiciled abroad, Swiss law shall apply to the exclusion of the conflict of laws.

17. severability clause

Should individual provisions of this contract be or become invalid or unenforceable, the contract and its annexes shall remain valid as a whole. The contracting parties are obliged to replace the invalid/unenforceable provision from the beginning of the invalidity/unenforceability with a provision that is as similar as possible in economic terms, taking into account the interests of both parties. The same applies to loopholes.

18. contact

If you have any questions about these terms and conditions, please do not hesitate to contact us. Simply send us an e-mail with your query to:

helpdesk@ostendis.com