Article 1. Applicability of these terms
1.These Terms and Conditions apply to each offer and any agreement between the client and YMKT (a YFORM Ltd site).
2.The General Terms and Conditions of the Client shall only apply (additional) if explicitly agreed upon.
Article 2. Definitions
These terms and conditions include:
Client: A legal person or a natural person, or a number of jointly acting persons, or not, legal entity, which YMKT instructs to perform and provide Services.
YMKT is the owner and operator of the website www.micro2media.com.
Activities: All activities assigned to, or arising out of, or directly related to, the assignment, or to be carried out in the broadest sense of the word and at least including the Activities as mentioned In order confirmation.
Agreement: The Agreement between Client and YMKT, which allows the Client to use services offered by YMKT.
Services: offered by YMKT. This also includes the publication of Presentations by Client and other products on the web site including the related Activities by YMKT. Services provided by YMKT on the web site, provided that, for these Services, the Client does not enter into a separate agreement with third parties. In that case, these terms of delivery will expire and make this place subject to the General Delivery Terms of these third parties who perform these Services or Activities for the Client.
Presentation: A vacancy, logo or company presentation of the Client placed on the web site.
Candidates: Individuals who present on the Platform, post a CV, search for vacancies or otherwise follow the Platform.
Article 3. Presentation and Agreement
1.All offers from YMKT are free of obligation, unless expressly stated otherwise.
2.An agreement with YMKT is made after confirmation by YMKT in writing, via the website or by e-mail, whether the Presentation Room on the Platform or Login Account is actually made available to the Client.
3.Extended additions to and / or amendments to the Agreement shall be agreed in writing by authorized representatives of the Parties. Additions and / or changes made by non-authorized, may be dissolved by both YMKT and the Client.
Article 4. Acceptance and Termination of the Agreement
1.YMKT may at any time, without giving reasons, refuse to terminate, cancel or suspend orders without giving rise to any liability for damages in the event of a Client who is not at The targets of YMKT or improper use of YMKT Services. This authority of YMKT also applies to Services already partially implemented.
2. In situations other than those mentioned in 5.1, each of the parties may dissolve the Agreement by registered letter, if the other party continues to comply with a due notice after a valid written notice, setting a period of at least 30 days. Of essential obligations arising from the Agreement.
3. YMKT is entitled to terminate the Agreement without notice by written notice with immediate effect, in whole or in part, if the Client is granted provisional or temporary suspension of payment if the Bankruptcy of the Client is requested or pronounced or If the Client’s Company is liquidated or terminated other than for the purpose of reconstruction or merger of companies. YMKT will never be obliged to pay any damages in case of such termination. Amounts invoiced by YMKT for the dissolution related to what they have already performed or delivered in the performance of the Agreement will remain unaffected and will be due immediately upon the date of the dissolution.
4.If the placement of a vacancy for the term of the agreed term is terminated by the Client, this will automatically terminate the right to relocate this vacancy.
Article 5. Contract
1.The Rights and Obligations of the Agreement Closed by Client with YMKT may not be transferred (partially) to third parties or used by third parties.
2. Upon acquisition of the Client’s business, the rights and obligations of the Agreement with YMKT shall expire. A possible transfer of rights and obligations from current Client to a new Client may only be considered if a written request has been submitted to YMKT . YMKT will, on the basis of this request, decide whether the rights and obligations of the Agreement will be granted in whole or in part to new Client. In this case, the new Client will receive a confirmation from YMKT.
Article 7. Rates and prices
1. YMKT is entitled to change products, rates and / or prices. In case of price increase after the Agreement has been concluded, but prior to its implementation, the Offer will be subject to the quoted prices and / or prices, provided that the Offer has been accepted by the Client within the aforementioned term.
2.All prices are in euros, excluding VAT, unless expressly stated otherwise in writing. YMKT is entitled to calculate any change of the VAT rate to the Client.
Article 8. Payment
1. YMKT applies a payment period of 14 days after the invoice date by transfer of the amount due to the bank account specified by YMKT. After 14 days after the invoice date, the Client is in default; From the moment of default, the client is liable for interest on the statutory interest, plus 2%.
2. In the event of liquidation, bankruptcy, surrender of payment by the Client or when the statutory debt relief scheme applies to individuals, the Client’s obligations shall be immediately due.
3. Payments made by the Client are primarily due to all interest and costs due, secondly, of the most indebted invoices which are the longest available, even if the Client indicates that the payment relates to a subsequent invoice.
Article 9. Collection costs
1. In the event that the Client is in default or in default of fulfilling one or more of his obligations, all reasonable costs for obtaining compensation will be paid out of court by the Client. In any case, the Client owes at least 15% of the invoice amount (with a minimum of CHF 10, -).
2.If YMKT appear to have incurred higher costs, which were reasonably necessary, they also qualify for compensation.
3.The client is liable for YMKT ‘s legal costs incurred by YMKT in all instances, except as the Client shows that they are unreasonably high. This applies only if YMKT and Client in relation to an agreement to which these terms and conditions apply, conduct a judicial process and a judgment is in force, in which the Client is wholly or largely unlawful.
Article 10. Use Candidate Data
1.The Client is expressly and exclusively permitted to use the data of registered Candidates (CVs) for the purpose of approaching them for concrete and prospective jobs relevant to the Client for Client placed by the Client on the Platform.
2.The use of the Candidate data for purposes other than fulfilling a vacancy and / or for any vacancy other than that placed by the Client on the web site is not permitted. When using the data in violation of the provisions of this article (paragraphs 1 and 2), the Client will miss YMKT a direct claimable fine of EUR. 2,000, – (two thousand euro) per offense or per Candidate.
Article 11. Confidentiality
Both parties are required to maintain confidentiality of any confidential information they have obtained from one another or from another source under their agreement. Information is confidential if notified by the other party or if it is due to the nature of the information.
Article 12. Intellectual Property
1. Without prejudice to Article 11 (Secrecy) of these Terms, YMKT reserves the rights and powers conferred upon it by virtue of the Copyright Act.
2. All intellectual property rights in respect of products and materials related to the preparation and execution of an Agreement, whether or not developed by YMKT for the Client, shall reside with YMKT or Client. Client refuses to make an infringement of intellectual property rights.
3.YMKT also reserves the right to use the knowledge acquired by the execution of the Services for other purposes, provided that no confidential information is disclosed to third parties.
Article 13. Liability
1.The Client shall provide to YMKT all necessary information that the Client knows or should reasonably know that it is important for the proper execution of the Agreement by YMKT . If it appears that the Client has not provided sufficient information that prevents a proper execution of the Agreement, YMKT is not liable for this.
2.YMKT may, without prior notice, discontinue or discontinue the Platform (temporarily) to the extent necessary for the reasonably necessary maintenance or for the necessary adjustments or improvements to the system without causing a The right to damages by the Client towards YMKT arises.
3.In the event that communications between YMKT and Client are done using electronic means, such as email and other forms of data traffic, both parties will ensure a standard virus and spam protection. YMKT is not liable for any damages arising from the transmission of viruses and / or other irregularities in electronic communications, and for non-or damaged messages.
4.The client must secure the own computer system in such a way that third parties can not provide unauthorized access.
5. For all direct damages caused by the Client, in any way related to or caused by non-timely or inadequate execution of the Agreement, YMKT will, at the client’s discretion, pay a fee of at most the Invoice value of delivered, or delivered free of charge. Until further damages, YMKT are never mandatory.
6.Presentations must be checked by Client after appearance of any errors. Upon repeated placement, YMKT is solely responsible for errors that have been submitted in writing and / or via e-mail after the first but for the second placement.
7. For all indirect damages, including stagnation in the regular course of business in the Company’s business, in any way related to or caused by an error in the execution of the work by YMKT this is Never liable.
8.YMKT shall not be liable for damages or omissions during shipping or postage by post, regardless of whether the shipment or shipment is made by or on behalf of Client, YMKT or third parties.
9.The Client indemnifies YMKT against all third-party claims that are directly or indirectly, directly or indirectly, linked to the performance of the Agreement.
10.Claimers’ claims should be submitted within one month after the discovery of a particular damage, in the absence of which the Client has processed his rights.
11.YMKT accepts no responsibility for damages arising from the use of the Platform and / or Services by Client or third parties and for all possible consequences thereof, including network malfunctions and performance issues.
12.The Client indemnifies YMKT for all third party claims for damages as a result of the Client Specified Presentation. Client indemnifies YMKT for any third party claims regarding the texts and data placed by the Client on the Platform.
13.Direct liability of any advisors acting on behalf of YMKT is excluded.
Article 14. Force majeure
1. Under force majeure is understood to mean circumstances which prevent compliance with the commitment and which are not attributable to YMKT . Below (if and in so far as these circumstances render impossible or unreasonable compliance) include a general lack of suitable candidates and other business or services required for the achievement of the agreed performance.
2. In all situations of force majeure, YMKT have been fired from any obligation to comply with the Agreement, as long as the relevant impediment persists. Claim for damages in such cases is excluded.
Article 16. Deficiencies; Complaint deadlines
1. Complaints made by YMKT Services must be reported to YMKT in writing within 14 days after discovery, but no later than 30 days after completion.
2.If a complaint is based, YMKT will still perform the Work as agreed, unless it has become meaningless for the Client. The latter must be disclosed by the Client. If it is no longer possible to provide the agreed service, YMKT will be liable only within the limits of Article 13 (Liability).
Article 17. Modification of the terms
YMKT is authorized to make changes to these terms. These changes will take effect on the announced date of entry into force. YMKT will make known to the Client a change of terms in time. If no date of entry into force has been notified, changes to the Client will take effect once it has been notified of the change.
Article 17. Applicable law
On any agreement between YMKT and Client, Swiss law applies.
Article 18. Dispute Settlement
By way of derogation from the legal rules for the jurisdiction of the civil court, any dispute between Client and YMKT , in case the court is competent, will be settled by the District Court in Nyon; Swotzerland.