People Analytix General Terms and Conditions (GTC)
The following general terms and conditions apply to all products and services offered by People-Analytix AG as well as to the use of the Internet pages operated by People-Analytix AG. With the use of our services as well as our Internet pages you accept the following conditions unchanged and completely:
1. Scope of application
1.1 Subject matter of the contract and contracting parties
Subject of these terms and conditions is the legal relationship between People-Analytix AG and its private and commercial customers regarding all products and services offered by People-Analytix AG.
If the term “client” is used in the following, this refers to both “private” and “commercial” clients. If a distinction is made between these types of customers, the respective terms mean what follows:
- Private customers” are natural persons who use the products and services offered by People-Analytix AG for their private, i.e. non-commercial purposes. Typically, only one single license (for the customer) is activated.
- Commercial customers” are natural and legal persons who use the products and services offered by Peop-le-Analytix AG for their commercial purposes. Typically, a contingent of licenses (for the employees of the customer) is activated.
Certain products and services are only available to commercial customers. When initiating the contract, the customer must truthfully state whether he intends to conclude the contract as a private customer or a commercial customer.
1.2 Conclusion of contract
The acceptance of these terms and conditions is effected by signing a written service contract or a written offer, by explicit or implied acceptance of an order confirmation, by the online purchase of the product on the website of People-Analytix AG, by payment of an invoice or by using the products and services offered by People-Analytix AG. When using the platforms and websites of People-Analytix AG the customer can be asked to repeat his agreement to these terms and conditions by activating a corresponding input field.
1.3 Elements of the contract
Integral parts of the contract are (if applicable in the specific case) (a) the written service contract concluded between Peop-le-Analytix AG and the customer with these General Terms and Conditions and (b) the General Terms and Conditions and product descriptions valid at the time of use of a product or service and published on the platforms and Internet pages of People-Analytix AG. In case of contradictions between the individual contract documents the above ranking applies. Concerning data protection, the current version of the data protection regulations published on the platforms and internet pages of People-Analytix AG applies.
2. Range of services
The scope of the individual products and services of People-Analytix AG is based – unless otherwise agreed in writing – on the respective valid product descriptions, which can be found at www.people-analytix.com.
If People-Analytix AG detects or if there is a strong suspicion that access to a service of People-Analytix AG is being misused, People-Analytix AG reserves the right to block the customer’s access or access to the services without warning and justification. Furthermore, People-Analytix AG reserves the right to block or exclude the customer of the respective access for further services of People-Analytix AG.
3. Use of the range of services
3.1 Publication of skill profiles/data protection
The private customer or the employees of the commercial customer have the possibility to store data and carry out queries on the platforms offered by People-Analytix AG.
By agreeing to the data protection regulations during registration, the private customer explicitly agrees to the processing of his personal data in accordance with the data protection regulations.
With regard to the processing of personal data of employees of the commercial customer (i.e. personal data which do not concern the commercial customer), the commercial customer is responsible in terms of data protection. People-Analytix AG processes the personal data of the persons concerned exclusively as a commissioned data processor and thus in accordance with the commissioned data processing agreement (ADV) to be concluded between it and the commercial customer.
3.2 Permitted use
The customer is obliged to prevent unauthorized access of third parties to the services of People-Analytix AG by appropriate technical and organizational measures. Employees of the commercial customer are not considered – at least within the scope of the contractually agreed user quota – as “third parties” in the sense of this clause. The commercial customer shall be responsible for ensuring that in particular his employees, for whom a licence has been purchased, comply with the obligations under this clause 3 and shall be liable for their conduct as for his own.
Any transfer or assignment of user quotas according to the service contract without prior written consent of People-Analytix AG is excluded.
The client bears sole responsibility for the content of profile data and job roles published by him or – in the case of commercial clients – his employees on the platforms offered by People-Analytix AG. The client guarantees that the information contained therein is correct and up-to-date. On the platforms of People-Analytix AG only profiles and job roles may be published, which are intended for a specific skill and career development or candidate search and which comply with all legal requirements. In particular, profiles and job roles may not infringe the intellectual property, personal rights or other rights of third parties (see also data protection regulations). The customer undertakes not to publish any illegal content via the services and platforms of People-Analytix AG, in particular content of a racist, pornographic or personality violating nature.
3.3 Property rights and copyrights
The ownership, copyright, trademark and/or license rights to software and hardware components, signs, logos, websites and other documents and data of People-Analytix AG remain exclusively with People-Analytix AG. People-Analytix AG is entitled to use general ideas, concepts and procedures, which have been developed or discovered in the course of the development of the People-Analytix AG service for the customer, free of charge for the same or similar projects with third parties. The data stored by the customer under this contract on any hardware or software components of People-Analytix AG belong solely and exclusively to the customer or – in case of commercial customers – his employees. The customer undertakes not to copy, translate, adapt, change, modify, disassemble, decompile or reverse engineer any licensed software or parts thereof.
The customer assures to use the platforms of People-Analytix AG only in full compliance with all applicable legal requirements or – in the case of commercial customers – to have them used by his employees.
3.5 Support by the provider
The platforms of People-Analytix AG enable the customer or – in the case of commercial customers – their employees to contact People-Analytix AG digitally in the event of questions of understanding and any technical problems. People-Analytix AG shall endeavor to answer these inquiries within a reasonable period of time.
4. Costs, Product Licenses and Contract Period
A limited range of products and services is available to private customers for free use. The products and services are expressly designated as “free” or “free of charge”.
For commercial customers, a wider range of products and services is available, all of which are subject to a fee and whose costs depend on the service content on the one hand and on the number of “users” or “accounts” on the other.
With the exception of the free products, which are expressly designated as such, the products and services are offered either under a monthly license or an annual license as follows:
- People-Analytix BASIC: in monthly or annual license
- People-Analytix PLUS: annual license only
- People-Analytix ENTERPRISE: only in annual license
The concrete contract period (in months or years) is specified in the service contract.
The contract period is tacitly extended by a further, identical period unless the contract is terminated by one party in compliance with the period of notice at the end of the contract period. The following notice periods apply:
- For monthly licenses: notice period of one month to the end of the contract period
- For annual licenses: notice period of three months at the end of the contract period
The customer owes People-Analytix AG the agreed fee until the end of the contract period.
A premature termination of the contract is excluded. In particular, even in case of premature deletion of profiles or job roles by the commercial customer, the full remuneration, i.e. the remuneration owed until the end of the contract period, is due and the commercial customer has no claim to reimbursement of already paid remuneration. The same applies to deletions or suspensions initiated by People-Analytix AG based on these GTC or other contract components.
5. Storage of data
People-Analytix AG is not obliged after the end of the contract to keep the data and documents sent to it – unless they have been irrevocably deleted by the customer or an employee of the customer himself – or to return them to the customer, unless the parties have expressly agreed in writing to keep or return them. In principle, the data will be deleted 30 days after the end of the contractual relationship, unless otherwise agreed in writing and provided that there are no legal obligations to retain the data. In the case of data processing by People-Analytix AG, where personal data of employees of the customer are processed, the deletion and/or return of the data after termination of the contract is determined by the terms of the data processing contract.
6. Terms of payment
According to the written service contract People-Analytix AG will send the customer a monthly or annual statement of account for the contractually owed fee, which the customer has to pay within 30 days from the date of invoice. In the event of late payment a default interest of 5% and additionally a cost-covering reminder fee of CHF 30 will be charged. If the commercial client is in arrears with the payment of invoices, People-Analytix AG is furthermore entitled to suspend its services without prior notice and to block the commercial client or his access to further services of People-Analytix AG until the complete payment of the total outstanding invoice amount. If a staggered payment has been agreed and there is a delay in payment, the due date of all outstanding instalments will be triggered in case of unsuccessful reminder.
7. Third party offers
8. Liability and warranty
8.1 Liability of People-Analytix AG
People-Analytix AG provides its services carefully and professionally. However, People-Analytix AG cannot guarantee the uninterrupted availability and accuracy of its services. In particular, People-Analytix AG is not liable for any interruptions of operation and/or technical malfunctions and their effects as well as for the security of data transmission in the internet. The profiles and job roles accessible on the platforms of People-Analytix AG originate from the customers or the employees of the customers and People-Analytix AG does not guarantee the correctness or completeness of this data. People-Analytix AG strives to prevent unauthorized use of the data published on its platforms by third parties. Any liability of People-Analytix AG in case of unauthorized use by third parties is expressly excluded to the extent permitted by law. People-Analytix AG also does not guarantee the success of the career development of the customer or the employees of the customer or the skill management of the customer. People-Analytix AG completely excludes any legally admissible and possible liability, in particular also for possible damage from the loss of data or their knowledge and use by third parties, for itself and third parties.
In all cases, irrespective of the liability basis, the liability of People-Analytix AG is limited to the amount of the fee paid by the client in the last twelve months before the damage occurred, but not exceeding CHF 100’000.
8.2 Warranty and liability of the client
The customer is responsible for the legality, correctness and completeness of the content made available or entered by him or – in the case of commercial customers – his employees on the platforms of People-Analytix AG. The customer is responsible for the careful and confidential storage of the access data (in particular user names and passwords) by himself or – in the case of commercial customers – by his employees and for all activities carried out via his access(es) by himself or – in the case of commercial customers – his employees. The customer shall be liable to People-Analytix AG for all damages and costs caused by himself or – in the case of commercial customers – by his employees as a result of a violation of these terms and conditions or other contract components and shall indemnify People-Analytix AG in full against all claims of third parties. The damage to be compensated also includes reasonable legal costs. People-Analytix AG will inform the customer immediately about any claim asserted by a third party.
9. Miscellaneous provisions
9.1 Place of performance and place of data storage
The place of performance for all services to be rendered by People-Analytix AG is the registered office of People-Analytix AG. All servers used by People-Analytix AG are located in Switzerland.
9.2 Availability and Further Development
People-Analytix AG is committed to the continuous development of its products and services. In addition, a constant, high availability of the platform is guaranteed. Appropriate maintenance windows are carried out at night as far as possible.
9.3 Reference List
Unless otherwise agreed, People-Analytix AG may add the customer to its reference list and name it to third parties (without disclosing any details).
9.4 Changes to the terms of the contract
People-Analytix AG reserves the right to change these terms and conditions at any time. If the changes are disadvantageous for the customer, People-Analytix AG will inform the customer in advance and the customer can terminate the contract with People-Analytix AG without any financial consequences until the changes come into effect. If the client fails to do so, he accepts the changes for all services covered by these GTC which the client obtains from People-Analytix AG.
9.5 Written form and severability clause
Changes and amendments to this contract are only valid in written form. This also applies to the waiver of the requirement of the written form. Should any provision of this contract be or become invalid or ineffective, all other provisions shall remain unaffected. The invalid or ineffective provisions shall be replaced by other provisions which are valid or effective in form and content and which come closest to the economic purpose of this contract intended by the parties. The same applies in the event of a contractual gap. If a party waives the right to enforce a contractual right in an individual case, this cannot be considered a general waiver of such rights. The transfer of rights and/or obligations from this contract by the customer requires the prior written consent of the provider.
9.6 Applicable law and place of jurisdiction
These General Terms and Conditions and the other parts of the contract as well as any disputes arising from or in connection with the contractual relationship between People-Analytix AG and the customer shall be governed exclusively by substantive Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (“CISG”).
Exclusive place of jurisdiction shall be the ordinary courts at the place of business of People-Analytix AG, whereby People-Analytix AG shall additionally be entitled to sue the customer at his place of residence or registered office. Any mandatory places of jurisdiction under federal law shall remain reserved.
V9 / Zurich, September 2020