Legal Information about the PGA Job-Portal
Swiss PGA operates an online job market at the URL https://swiss.pga.de/job-portal , referred to as PGA-JOBPORTAL for short.
1 Advertising contract
(1) "Advertising contract" within the meaning of the following General Terms and Conditions is the contract for the placement of one or more advertisements by a job advertiser or other interested parties (client) on the Swiss PGA website.
(2) Companies can advertise vacant positions in the PGA-JOBBĂ–RSE without a fee. The General Terms and Conditions of Swiss PGA shall apply exclusively to the advertising contract; general terms and conditions of the client that conflict with or deviate from the General Terms and Conditions of Swiss PGA shall not become part of the contract unless Swiss PGA has expressly agreed to their validity in writing.
2 Conclusion of contract
The advertising contract is concluded when a.) Swiss PGA confirms the advertising order in writing or by e-mail or b.) publishes the job advertisement on the Internet.
3 Right of refusal
(1) Swiss PGA reserves the right not to publish advertisement orders due to their content, origin or technical form in accordance with uniform, objectively justified principles. This applies in particular if the content of the job advertisement violates legal or official prohibitions or morality or if publication is unreasonable for Swiss PGA for other reasons.
(2) Swiss PGA is entitled to remove job advertisements and other advertisements whose content violates legal or official prohibitions or offends common decency from the offer without prior warning from the client. The client shall be informed immediately of any such measure. This shall not give rise to a claim for reimbursement on the part of the client.
4 Content and rights to the advertisement/copyrights
(1) The client alone shall be responsible for the content, in particular its correctness and legal admissibility (e.g. AGG), of the text and image documents and URLs provided for the placement of the advertisements. Swiss PGA is not obliged to check the advertisement for impairment of the rights of third parties. The client is obliged to indemnify Swiss PGA against any third-party claims arising in any way from the execution of the advertising order against Swiss PGA.
(2) If protected trademark rights are used in the context of the publication of the advertisement, permission is hereby granted for their use. The client warrants that he is authorized to grant such permission.
(3) Swiss PGA acquires the sole copyrights and/or other ancillary copyrights to all job advertisements created and published by it, insofar as this is legally possible. Unless otherwise agreed in writing, the payment of the fee by the client, including for the creation of the HTML layout by Swiss PGA, shall not be associated with any assignment of copyrights and/or other ancillary copyrights to the client or the agency working for the client. If the job advertisement published by Swiss PGA was created by the client itself or by an agency acting on its behalf - including the HTML source text - the client hereby grants Swiss PGA the right to use the job advertisement with regard to all types of use in connection with the publication of the job advertisement. In particular, Swiss PGA is hereby also entitled to defend against unlawful infringements of copyright by third parties in the context of publication in its own name or to assert any resulting claims for damages.
4) All information published by Swiss PGA (texts, images, etc.) is subject to the copyright of Swiss PGA. However, this does not apply to information published by Swiss PGA whose creation - including the HTML source text - was undertaken by the client itself or by an agency working for the client. Only in these cases does the copyright not lie with Swiss PGA, but with the respective client or the agency working for the client.
5 Start of publication
Publication shall commence at the time agreed in writing with the client. If no time has been agreed in this way, publication shall take place immediately after conclusion of the advertising contract. The client is responsible for the complete delivery of flawless, suitable advertising material.
6 Term of online advertisements
(1) Advertising contracts are generally valid for a period of 90 days. The advertisements are automatically taken offline at the end of the term specified by the client.
(2) Swiss PGA, together with its partners, endeavors to ensure as continuous availability on the Internet as possible. However, Swiss PGA cannot accept any liability for failures of third-party infrastructure. There is no entitlement to compensation for such infrastructure failures. For outages caused directly by Swiss PGA, the duration of the publication will be extended accordingly.
By placing an order to post a job advertisement on the Swiss PGA website, the advertiser accepts these General Terms and Conditions.