General Terms and Conditions

1. Validity

These General Terms and Conditions (GTC) apply to all services in connection with the applicant management solution Refline (refline.io) of Refline AG. Any general terms and conditions of the customer are not applicable.

The offer of Refline AG is exclusively directed to business customers with residence or business domicile in Switzerland, Liechtenstein or the European Union, and not to private persons.

2. Subject matter of the contract and price

The Refline application is a software solution in the field of e-recruiting, which is provided for use and utilisation via the internet as a web application as a Saas solution. As a component, storage space is provided on central servers in Switzerland on which the data generated and processed with Refline can be stored for the duration of the contractual relationship. The service transfer point is the router output of the data centre used by Refline AG to the internet. The customer does not need any installations at the workplace, an internet browser and the connection to the internet is sufficient. The customer is responsible for this himself. The transfer of the Refline application on data carriers or via online transfer to local installation as well as archiving beyond the contractual relationship is not possible.

The prices stated during the ordering process are exclusive of the statutory Swiss value-added tax applicable at the time. The prices stated in the order confirmation or order page are authoritative. These are fixed at the time of the order. Refline AG reserves the right to change prices at any time.

3. Support/Maintenance

The following support services apply to the Refline application within the following times:
Hours of operation: MO - FR 08.00 - 17.00
(except public holidays)

Maintenance work: always outside of operating hours.

Refline AG uses competent employees, auxiliary persons and third parties for the performance of services and for the analysis and elimination of errors. Refline AG does not vouch for the success of the elimination of errors and in particular does not assume any guarantee. An "error" in the sense of these GTCs is a reproducible malfunction reported by the customer, which results in the quality and functionality of the Refline application deviating from the user documentation and which has a more than insignificant effect on the usability.

The customer reports the fault directly via the ticket system. Depending on the fault classes (FK), Refline AG has to comply with the following reaction times during the operating hours:

FC 1: Operation is prevented. Significant error.
FC 2: Operation is significantly impeded. Medium fault.
FC 3: Operation is impaired. All other errors.

The classification of a fault into a fault class is incumbent on Refline AG. Reaction time is understood to be the time from the moment the customer reports the problem to Refline AG until Refline AG usually has to start finding a solution. Feedback time is understood to be the time until Refline AG has to give a first feedback to the customer about the possible problem and the predicted downtime and remedy period.

The services of Refline AG are exclusive. In particular, Refline AG is not obliged to provide support services for the following: (a) in case of errors resulting from unauthorised modifications and adaptations, (b) for other software, (c) in case of improper or unauthorised use, (d) in case of any hardware defects, (e) in the form of on-site assignments as well as (f) provision of installation, adaptation, programming, consulting and training services.

The customer shall be obliged to cooperate at his own expense, in particular in the following activities: (a) all laws must be complied with during use. In particular, it is prohibited to load data or contents onto the server which violate the law, infringe third-party property rights or copyrights or other rights of third parties; (b) faults are to be reported immediately and the customer shall support Refline AG with screenshots, information etc. in case of troubleshooting; (c) the customer shall only transmit data which are free of computer viruses or other harmful codes/components.

4. Order, conclusion of contract

The presentation of the Refline solution on the website does not constitute a legally binding offer. By clicking the button "Buy" / "Order subject to pay-ment" the customer places a binding order. Refline AG may accept the order by sending an order confirmation by e-mail or by delivering the Refline application within 7 working days (= conclusion of contract). In any case, Refline AG reserves the right to cancel orders without justification.

The Refline solution is up to date at the time of delivery. The Refline solution is continuously updated by Refline AG without notice. The latest version will be made available to the customer. The respective valid application is considered an integral part and is subject to these GTC. The customer is solely responsible for ensuring that the necessary requirements exist on the customer's side so that the currently available version of Refline can be used online.

5. Registration

The order of the Refline solution requires a registration / creation of a customer account. The registration of a legal entity may only be carried out by a natural person authorised to represent the entity. Refline AG may refuse to accept the registration or close an account at any time if there is a factual reason for doing so (e.g. incorrect information) or if it is to be feared that payment obligations will probably not be met.

6. Terms of payment and settlement

As payment method we currently offer payment on account. Refline AG reserves the right to offer additional payment methods.

The price will be invoiced to the customer upon conclusion of the contract, payable within 30 days.

In case of late payment, Refline AG may put the customer in default by sending a reminder in text form. The customer shall owe interest on arrears of 5% p.a. from the second reminder. In addition, in case of default of payment Refline AG is entitled to temporarily refuse its services in whole or in part (e.g. by blocking an account) until the outstanding invoice amount has been paid in full.

A set-off of the customer's claims against claims of Refline AG is excluded.

Refline AG is entitled to adjust the contractually owed fee as well as the price list at any time to the next payment period. Upon payment of the adjusted invoice, the customer shall be deemed to have given his consent.

7. Cancellation

The contract is concluded for an indefinite period. The contractual relationship comes into effect with the registration by the user and the explicit agreement to these terms of use and the separate privacy policy and can be terminated by either party at any time with 30 days' notice at the end of the contractually defined period. A termination can be made directly in the Refline application or via text form (letter, e-mail).

Extraordinary termination for important reasons remains reserved. Important reasons are in particular if the respective other party repeatedly violates contractual obligations despite warning, obvious insolvency of the customer, cessation of business operations, if the customer does not settle the due invoice within 10 days after receipt of the third reminder or if the property or intellectual property rights of Refline AG are violated (or such a violation is imminent).

8. Reference customer

The customer agrees to the use of the customer's name, the customer's logo as well as information about the services provided by Refline for reference or marketing purposes. In particular, Refline shall be entitled to list the customer's name and trademark (namely logo) on its website, with a corresponding link to the customer's job market. The customer agrees to keep the conditions of the order confidential.

9. Copyright and rights of use

Refline AG grants the customer a non-exclusive, simple, non-transferable and non-sublicensable right and licence to access the application during the term of the contract and to use it exclusively in accordance with these GTC and for his own benefit. The licence right also includes any updates.

Further rights of use are not granted to the customer. Ownership of the application (source code) and all associated copyrights, proprietary rights, exploitation rights and other related rights are expressly not transferred to the customer.

10. Warranty / Liability

In the event of defects in the Refline solution, the customer is entitled to free rectification within a reasonable period of time. Further warranty claims (in particular rescission, reduction and damages) - irrespective of the legal grounds - are expressly excluded. The period of forfeiture shall be twelve (12) months.
Refline AG shall be liable exclusively for damages caused intentionally or by gross negligence. In particular, it is not liable for claims for damages due to delayed or omitted delivery, due to lost profit or consequential damages, pecuniary losses in the customer's sphere or with third parties, irrespective of the legal grounds on which they are based, are expressly excluded. This limitation of liability also applies to the case of data loss and data deterioration.

The aim is to provide access to the Refline solution permanently (365 days, 24 h). However, availability at all times is expressly not guaranteed and the customer has no claim to this. In particular, access may be temporarily restricted for technical reasons, especially due to necessary maintenance and repair work, whereby this shall only occur in absolutely urgent cases during the operating hours (MO - FR, 8.00 - 17.00). If possible, the customer will be informed of this in good time by e-mail or via information directly on the Refline solution.

11. Data protection and data security, confidentiality, data processing contract and data return

In their function, the customer as well as Refline AG shall observe the relevant data protection regulations.
The customer is obliged to ensure the legality, appropriateness and correctness of the data provided to Refline AG, in particular personal data (contact and applicant data [surname, first name, address, e-mail address, telephone numbers, date of birth, gender, nationality, education, profession, place of work, performance appraisals, as well as any other documents and data]). As data controller, he is solely responsible for the collection, processing, forwarding, use and storage of personal data, for obtaining any necessary consents or consents and for the data subjects (namely employees, applicants, minors under 16 years of age) and in particular for the execution of their requests for information, disclosure, deletion and correction. The actions of employees or auxiliary persons are attributed to the customer. It is the sole responsibility of the client to inform its members/users how to use the Refline application. The client shall fully indemnify Refline AG, which processes the data on its behalf, supports it and acts exclusively on its instructions, against all claims by third parties. Refline AG is entitled not to carry out instructions which violate data protection.

Refline AG provides the IT system as a data processor. The computer centre is located in Switzerland. The processor may engage subcontractors - currently this is Textkernel B.V. mbH, Nieuwendammerkade 26a5, 1022 AB Amsterdam, (for the optional module "CV Parser"). If these subcontractors have not already been determined upon conclusion of the contract, Refline AG will inform the client in text form. The involvement of subcontractors requires the client's consent in text form. However, the client may only revoke the authorisation if the relevant Swiss data protection requirements are not met. To ensure data security Refline AG has taken comprehensive technical and organisational measures which are described in detail in the TOM.

When carrying out the work, Refline AG shall only use employees who are bound to secrecy and confidentiality and who have previously been familiarised with the data protection provisions relevant to them.

Upon termination of the contract, Refline AG shall, at the customer's expense, hand over to the customer upon request all personal data (applicant data) available on its systems, which the customer requires for the migration to another solution, in a common format within a reasonable period of time. Refline AG shall have the right to delete all data and information 30 days after termination of the contract without further notice or to retain the data for compliance with the statutory retention obligation.

12. Assignment and transfer

The respective rights and obligations under the contract may only be transferred or assigned to a third party by the customer with the prior written consent of Refline AG. Refline AG is entitled to have another company enter into the contract in its place upon notification. This entry into the contract does not change the obligations of the parties.

13. Amendment of these GTCs

Refline AG is entitled to change these GTC at any time. The customer will be notified of any changes at the email address provided. In this case, the customer has the right to object to the changes within one month after notification. If the customer has objected in due time, Refline AG is entitled to terminate the contract with a notice period of one month to the end of the calendar month.

14. Place of jurisdiction / Applicable law

These GTC are exclusively governed by Swiss law, excluding the conflict of laws provisions of the Swiss Private International Law (IPRG) and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is the registered office of Refline AG, Hünenberg (Switzerland).