The General Terms and Conditions (hereafter "GTC") regulate the contractual relationship between AMB Information AG and the customer. These GTC apply to all services of AMB Information AG, in particular to DirectJobs. As long as there are no other conditions agreed to in a separate contract.
The customer is responsible to ensure that the services purschased are used in accordance with the contractual conditions of AMB Information AG.
At the latest with the online order, or the signing of an agreement or with the first use of the services of AMB Information AG these conditions are accepted by the customer to be legally binding.
Attestations of contradiction by the customer by reference to his own GTC are not accepted and are invalid.
2 SERVICES OF AMB INFORMATION AG
Contents and range of the individual services are set out in the separate specifications of the services.
2.1 Online Services
The update of the data and information takes place during the official office work days and office work times.
The services are provided over the Internet and are available 24 hours per day.
2.2 Advisory Services
The advisory services are provided in accordance with the respective written agreements with the clients.
3 OFFERS, PRICES and CONDITIONS OF PAYMENT
3.1 Prices for Online Services
The current valid prices for the online services of the AMB Information AG are published on the Website.
AMB Information AG reserves the right to amend the published prices for online services at any time. The price changes are presented on the website when effective and enter into force immediately, or at the latest on the renewal of the order or a new order for the service.
3.2 Payment Conditions for Online Services
The online services of the AMB Information AG require prepayment for the ordered services. The purchased online service for the respective customer are made available as soon as the payment is received by AMB Information AG. In the case of fictive or incorrect payments by the customer, AMB Information AG reserves the right to stop the respective services at any time without prior notice to the customer. All prices for online services are understood to be including VAT, unless otherwise stated in a separate agreement.
3.3 Prices for Advisory and Project Services
The valid prices for advisory or project services of AMB Information AG are published on the Website of the AMB information AG or communicated to the customers in a written offer.
3.4 Payment conditions for Advisory and Project Services
The rendering of invoices is effected according to agreement and are payable net within 10 days. The basis of charges are accordance with the specifications in the agreement. All indicated prices for advisory and project services are exclusive of VAT.
3.5 Generally valid conditions of payment
If payments from the customer to AMB Information AG are overdue, then AMB Information AG is permitted to stop delivery of services to the customer without prior notification.
If a customer does not use the services of the AMB information AG and/or no longer uses such services, this situation has no influence on the amount due to AMB Information AG. The customer remains liable for the debt.
Customers are not permitted to set off amounts due by AMB information AG without their prior agreement.
4 LIABILITY OF AMB INFORMATION AG
AMB Information AG shall not accept any liability for the objective accuracy or comprehensiveness of the information made available to its customers.
AMB Information AG declines any liability for the legal or factual actions of its customer, or the customer's employees or clients, which may have been committed or omitted as a result of the information or services provided by AMB Information AG.
Liability by AMB Information AG shall be excluded for any damages incurred by the customer from any interruption of his access to the information and services provided by AMB Information AG.
In each individual case, the maximum amount for which AMB Information AG might be held liable shall be limited to the amount corresponding to the total value of all orders the Customer has placed with AMB Information AG in the 6month period preceding the event which has caused the damage.
The limitation of liability contained in this provision shall also apply if AMB Information AG has been advised in advance by the Customer of the possibility of such damage
5 MISUSE OF INFORMATION AND SERVICES PROVIDED BY AMB INFORMATION AG
Information and services made available by AMB Information AG, in whatever form made available, may only be used by the customer. Any other use shall be considered as misuse, in particular also the transfer to as well as the use by other persons without prior written consent of AMB Information AG. Similarly, the production of electronic media and print media for the distribution of the information in question shall be considered as misuse.
In such a case AMB Information AG shall be entitled to terminate the contractual relationship with immediate effect and without any entitlement of compensation on the part of the customer. AMB Information AG can demand the removal of the condition contrary to the terms of the agreement as well as for each individual misuse by the customer demand payment of penalties. AMB Information AG reserves the right to include data in the information provided in order to monitor misuse of information or any other use infringing these GTC.
AMB Information AG commits itself to handle orders with the required care and discretion. Contents of business relevant documents and confidential information such as application documents, are made accessible only for the directly assigned and instructed employees.
7 INTELLECTUAL PROPERTY
All rights to intellectual property concerning data and information of AMB information AG remain with AMB information AG or entitled third parties. With respect to the rights of third parties, AMB information AG guarantees that it possesses the appropriate rights to distribution and use. Details of individual rights in connection with the protection, rights of use and authorship are evident when using the relevant services.
8 TRANSMISSION OF RIGHTS AND OBLIGATIONS
The customer has no authority to transfer rights and obligations under contacts between himself and AMB Information AG, without previous written agreement of the AMB Information AG.
9 NON VALID AND CONTESTABLE MATTERS
In the case of non validity or contestable points in one or more of the clauses contained in these GTC, or in other agreements between the customer and AMB information AG, all other clauses of the GTC will remain valid. The parties strive, in such a case, to replace the invalid or contested clauses with valid and legally enforceable clauses which encompass the legal and business sense of the original clauses. This regulation also applies to situations of contractual deficiencies.
10 AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
AMB Information AG is entitled to amend the current GTC at all times. The current version of the GTC is available on the Website of AMB Information AG.
11 LEGAL ISSUES AND LEGAL JURISDICTION
These GTC are subject to Swiss law.
For disputes between the customer and AMB Information AG, the courts of the canton of Zurich shall have exclusive jurisdiction.
AMB Information AG
31. March 2003