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
The subject matter of these GTC is the legal relationship between People-Analytix AG and the private individuals, employees and employers using its platforms and Internet pages (hereinafter “Users”) regarding all products and services offered by People-Analytix AG. These GTC apply to every use of the products and services offered by People-Analytix AG (in particular but not exclusively the creation of skill profiles and associated evaluations).
1.2 Conclusion of contract
The consent to these GTC is given by signing a written service contract or a written offer, by explicit or implied acceptance of an order confirmation, by payment of an invoice or by use of the products and services offered by People-Analytix AG. When using the platforms and websites of People-Analytix AG, the user may be asked to repeat his agreement to these GTC by activating an appropriate input field.
1.3 Elements of the contract
Integrating contractual components are (if available in the specific case) (a) the written service agreement con-cluded between People-Analytix AG and the User, (b) the written offer, (c) the written order confirmation, (d) these GTC, and (e) the GTC and product description valid at the time a product or service is used and published on the platforms and websites of People-Analytix AG. In the event of ambiguities or contradictions between the individual contractual documents, the above ranking applies. Regarding data protection, the current version of the data protection provisions published on the platforms and websites of People-Analytix AG applies (integral part of these GTC).
2. Service offer
The current range of services is described at www.people-analytix.com The offer is available in German, English and French. The scope of services is recorded when the contract is concluded by means of online configuration or a written contract and consists of the following components:
2.1 Virtual Career Advisor
The focus is on the individual person. These can be employees of companies, clients of consulting companies as well as private individuals. Users can create their skill profile in the onboarding process (if registration is not done automatically via SSO). The People-Analytix range primarily includes:
- Career recommendations (possible job role) – based on your own skill profile
- Identification of existing and missing skills for individual job roles (skill gaps)
- Trends in skills and the general job market
- Access to internal and external project and job offers
2.2 Strategic Workforce Manager
The focus is on the company. The entire offering of the Virtual Career Advisor is available to all employees of the company as an integral part of this offering. In addition, the management has access to the following com-ponents in the company view:
- Skill inventory (enables open and anonymous evaluations of the current workforce and forms the basis for any future calculations of the required skills – including skill gap)
- Capabilities (grouping of individual skills as job or project advertisements, incl. internal marketplace and starting point for complex calculations of the skills required in the own workforce in the future)
General Terms and Conditions (GTC)
If People-Analytix AG determines, or if there is urgent suspicion that access to a People-Analytix AG service is being misused, People-Analytix AG reserves the right to block access to or access to the services without prior warning and without giving reasons. Furthermore, People-Analytix AG reserves the right to block or exclude the user of the relevant access for further services of People-Analytix AG.
3. Use of the service offer
3.1 Publication of Skill Profiles
Users have the possibility to store data and make queries on the platforms offered by People-Analytix AG. By agreeing to the data protection guidelines during registration, the user explicitly agrees to the handling of his data in accordance with the guidelines. By entering their data, users agree that their profile is visible on the platforms of People-Analytix AG by the corresponding client, respectively their own employer, depending on their configuration of the system (either consolidated or detailed only).
3.2 Permissible use
3.2 Property rights and copyrights
The property, 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. Pe-ople-Analytix AG is entitled to use general, ideas, concepts and procedures, which have been developed or dis-covered for the user within the scope of the development of the People-Analytix AG service, for the same or similar projects with third parties. The data stored by the User under this Agreement on any hardware or soft-ware components of People-Analytix AG belong solely and exclusively to the User. The customer undertakes not to copy, translate, adapt, modify, modify, disassemble, decompile or reverse engineer any licensed software or parts thereof.
3.3 Compliance with regulations
The users assure to use the platforms of People-Analytix AG only under complete compliance with all applicable legal requirements.
3.4 Support by the Provider
The People-Analytix platforms enable the user to contact the provider digitally in case of comprehension ques-tions and possible technical problems. The provider endeavours to answer these requests within a useful period of time, but a claim to this only exists if it has been explicitly agreed in the contract.
4. Duration of contract and storage of data
The contract term is extended tacitly by a further, identical term if the contract is not terminated by one party with three months’ notice at the end of the contract term. If there is no term, the contract is extended by 12 months in each case. Early termination of a contract concluded for a fixed term or for a minimum term is ex-cluded. In particular, even in the case of premature deletion of profiles or job roles, the full remuneration is owed and the user has no claim to reimbursement of remuneration already paid. The same applies to deletions or suspensions initiated by People-Analytix AG on the basis of these GTC or other contractual components. After General Terms and Conditions (GTC)
the end of the contract, People-Analytix AG is not obliged to store the data and documents sent to it – unless they have been irrevocably deleted by the user himself – or to return them to the user, unless storage or a return has been expressly agreed. The data will be deleted 30 days after termination of the contractual relationship, unless otherwise agreed in writing.
5. Terms of payment
The user’s obligation to pay begins with the conclusion of the contract. Invoices of People-Analytix AG are to be paid within 30 days after receipt of the invoice without the possibility of set-off or deductions (expiry date), unless other terms of payment have been expressly agreed. In the event of late payment, a default interest of 5% and an additional cost-covering reminder fee will be charged. If the User is in arrears with the payment of invoices, People-Analytix AG is also entitled to suspend its services without prior notice and to block the User or his/her access to further services of People-Analytix AG. If a staggered payment has been agreed and there is a delay in payment, this also triggers the due date of all outstanding instalments.
6. Offers of third parties
7.1 Liability of People-Analytix AG
People-Analytix AG provides its services carefully and professionally. However, People-Analytix AG cannot ac-cept any liability for the uninterrupted availability and faultlessness of its services. In particular, People-Analytix AG is not liable for any business interruptions and/or technical faults and their effects. The profiles and job roles accessible on the platforms of People-Analytix AG originate from the respective users and People-Analytix AG accepts no liability for the accuracy or completeness of this data. People-Analytix AG endeavours to prevent unauthorised use of the data published on its platforms by third parties. However, any liability of People-Analytix AG in the event of unauthorized use by third parties is expressly excluded. People-Analytix AG does not guaran-tee the success of the career development of the users or the skill management in the company. People-Analytix AG excludes all legally permissible and possible liability for itself and third parties to the full extent.
7.2 Warranty and liability of the user
The user is responsible for the legality, correctness and completeness of the contents provided or entered by him on the platforms of People-Analytix AG. He is responsible for the careful and confidential storage of his access data (in particular user names and passwords) and for all activities carried out via his access. The User is liable to People-Analytix AG for all damages and costs caused by violation of these GTC or other contractual components and holds People-Analytix AG fully harmless from all claims asserted by third parties against People-Analytix AG as a result of the use of the platforms. The damage to be compensated also includes reasonable legal costs. People-Analytix AG will immediately inform the user about a claim asserted by a third party.
8. Miscellaneous provisions
8.1 Place of Performance and Data Storage
Place of performance for all services to be rendered by People-Analytix AG is the business domicile of People-Analytix AG. All People-Analytix servers are located in Switzerland. General Terms and Conditions (GTC)
8.2 Availability and further development
People-Analytix AG strives to continuously develop its products and services. In addition, constant, high availa-bility is guaranteed. Appropriate maintenance windows are carried out during the night if possible.
8.3 Modification of the contractual conditions
People-Analytix AG reserves the right to change these GTC. Changes become final, if the user does not object within 30 days after receipt. If an appeal is lodged, this shall also be deemed to be a cancellation for the next date.
8.4 Written form and severability clause
Amendments and supplements to this contract are only valid in writing. This also applies to the waiver of the requirement of 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 valid or effec-tive best intentions in form and content which come closest to the eco-nomic purpose of this contract intended by the parties. The same applies in the event of a contractual gap. If a party waives a contractual right in an individual case, this cannot be regarded as a general waiver of such rights. The transfer of rights and/or obliga-tions from this contract by the customer requires the prior written consent of the provider.
8.5 Applicable law and place of jurisdiction
These GTC and the other contractual components and any disputes arising from or in connection with the con-tractual relationship between People-Analytix AG and the User shall be governed exclusively by substantive Swiss law. The exclusive place of jurisdiction is the ordinary courts at the registered office of People-Analytix AG, whereby People-Analytix AG is additionally entitled to sue the user at his domicile.
V7 / Zurich, December 2018