General Terms and Conditions of the Career & Corporate Services Center of the University of St.Gallen

(1) General provisions

§ 1 Scope

These General Terms and Conditions (hereinafter GTCs) apply to contracts pursuant to Article 8 et seq. and Article 21 et seq. between the Career & Corporate Services Center of the University of St.Gallen (hereinafter CSC) and students of the University of St.Gallen (hereinafter users) and for contracts pursuant to Article 15 ff. and Article 21 et seq. between the CSC and potential employers of the users (hereinafter customers).

§ 2 Conflicting and invalid provisions

Any provisions that conflict with these GTCs will not apply unless agreed to by CSC in writing. If any of the provisions of these GTCs is held invalid, the validity of the remaining provisions will not be affected thereby. In this case, the ineffective clause shall be replaced by a clause that comes closest to the invalid clause in economic terms and intentions.

§ 3 Written form

The CSC communicates with users and customers (hereinafter contracting parties) orally or in writing. The written form refers to communication by letter, fax or e-mail as well as any forms of communication on the CSC career platform (http://www.hsgcareer.ch) (hereinafter career platform).

§ 4 Career platform

Change of terms

The CSC reserves the right to change and expand the content and structure of the career platform, provided that this does not or only insignificantly impairs the fulfilment of the purpose of the agreement concluded with the contracting parties.

Release from liability

The CSC strives to offer the career platform as free as possible of disruptions. If the career platform or contents of the contracting parties cannot be accessed on the career platform as a result of downtime beyond the influence of the CSC, the CSC is not liable. The CSC does not warrant that the career platform and its server are free of computer viruses or other harmful mechanisms.

Publication date

The publication of information of the contracting parties on the career platform takes place after conclusion of contract within 48 hours of the conclusion of the contract.

 § 5 Paid services

Price

The contracting parties undertake to pay a fee in due time for services rendered by the CSC. The price stated on the career platform at the time of conclusion of the contract plus the rate of value added tax valid at the time is considered as remuneration. If the user or customer receives documents, these are included in the price.

Payment

The fee shall be paid by the user immediately after invoicing. The customer is entitled to object to the amount invoiced within 2 weeks. If the customer does not object to the amount, the invoice shall be paid immediately. If the contracting parties are in default of payment of the invoice, the CSC is entitled to suspend the provision of services until full payment has been received. The suspension of the service does not change the existing contract (in particular the term of the contract).

 § 6 Contact

For users, the contact address of the CSC is as follows:

Career & Corporate Services, Student Career Services
CH-9010 St.Gallen
Postal address: Dufourstr. 50, CH-9000 St.Gallen
+41 71 224 31 00, csc@unisg.ch

For customers, the contact address of the CSC is as follows:

Career & Corporate Services, Corporate Services
Gatterstrasse 1, CH-9010 St.Gallen
Postal address: Dufourstr. 50, CH-9000 St.Gallen
+41 71 224 39 00, corporate-services@unisg.ch

§ 7 Applicable law and place of jurisdiction

These GTCs are subject to Swiss law to the exclusion of conflict of law provisions. The place of jurisdiction is St.Gallen, Switzerland.

(2) Special provisions for contracts between CSC and users

§ 8 Subject matter of the contract

General information

The CSC offers users various career planning and career entry services. The current services are published on the website of the University of St.Gallen (hereafter University) (http://www.unisg.ch) and the career platform of Career & Corporate Services (http://www.hsgcareer.ch).

Career advice 

The CSC offers individual advice on various career topics (hereinafter career advice).

Career events

The CSC organises participation in seminars, workshops and training courses (such as the HSG TALENTS Conference) for its users.

Career platform

The CSC offers users the use of the password-protected online platform, which combines profiles, a job and company portal and event management with modern search and archiving functions. On the career platform users can use an online communication platform (CSC Community). For details, see Article 21 et seq.

§ 9 Conclusion of contract

General information

In order to receive CSC services, users must be registered on the career platform and have created a profile. There is no legal claim of the user to the activation of the profile by the CSC.

Career advice

Appointments for career consultation are made in person or by phone during the opening hours of the CSC. Appointments are confirmed by the CSC via the career platform or via e-mail. The user shall submit the documents requested by the CSC for consultation, unless otherwise stated, to the CSC by e-mail at least 48 hours before the consultation appointment. If the documents arrive late, the CSC is entitled to cancel the consultation.

Career event

The conclusion of a contract for a career event takes place by applying for one.

Contract termination

By the user

Cancellations of free and paid career consultations are possible up to 24 hours before the agreed appointment by way of a rebooking. This shall be done in person or by phone during the opening hours of the CSC. In the case of a cancellation of a paid career consultation less than 24 hours before the agreed appointment or in the case of unexcused failure to appear, the user will be charged the amount for the service. If, due to illness, career consultation cannot be attended or career events are not participated in, a sick note shall be submitted immediately. If a sick note is provided, paid services will not be invoiced.

By the CSC

The CSC may cancel or postpone a career event for good cause. The user will be notified immediately and informed about alternative offers. The CSC may terminate the contract without notice if the user breaches the obligations under Article 11.

§ 10 Duties of users

Remuneration

The user undertakes to pay a fee for the paid services (see Article 5 above).

Openness, participation and resilience

Consultants of the CSC are available to the user as contact persons and supporters during the career entry process. This requires openness and participation by the user. CSC services do not constitute therapeutic advice and cannot replace it. Participation in CSC services requires normal psychological and physical resilience.

§ 11 Data processing

Profile viewing by customers

Users acknowledge that the career platform is designed to make their profiles visible to all customers. Other settings shall be made by the user him- or herself.

Data processing by third parties

The CSC is authorised to process data entrusted to it or to have it processed by third parties for its intended purpose. The CSC is in particular entitled to process the data of the users for the purpose of evaluations and marketing measures and to publish it in anonymised form. The CSC may transfer data processing to third parties within the scope of the statutory provisions.

§ 12 Copyrights

The copyright to CSC documents belongs exclusively to the CSC. Users are not permitted to reproduce the documents in whole or in part and/or make them accessible to third parties without the written consent of the CSC.

§ 13 Disclaimer

No promise of success

Career consultation is purely a consultation activity for internal and external consultants and trainers of the CSC. No success is owed.

Release from liability

The CSC and its employees are liable for career consultation or career events only in the case of unlawful intent and gross negligence. Each user is fully responsible for themselves and their actions when participating in career consultation and career events and is responsible for any damage caused. The CSC is not liable for the activities of external consultants and trainers. The electronic transmission and the dispatch of any data is at the risk of the user. If a career event is cancelled, the CSC is not liable for any subsequent costs.

(3) Special provisions for contracts between CSC and customers

§ 14 Subject matter of the contract

Marketing and recruitment activities

The CSC offers customers products and services related to marketing and recruitment activities such as campus recruitment, personnel marketing and sponsorship. The current products and services are published on the career platform. 

Events and trade fairs

The CSC allows customers to participate in various events and trade fairs. Participation is open only to companies that want to promote themselves as employers of graduates. The CSC decides on participation.

Career platform

In particular, the CSC offers customers the following services on the career platform: creating and publishing job and event advertisements, profiles or online banners. On the career platform, customers can use an online communication platform (CSC Community). For details, see Article 21 et seq.

Other services

The CSC also offers additional services in connection with marketing and recruitment activities such as various sponsored products, advertisements, acquisition and distribution of CSC publications, organisation of trade fairs or other events, technical solutions, etc. in which separate or extended agreements are used.

§ 15 Conclusion of contract

General information

The contract is concluded when the CSC confirms the order in writing or when the order is executed by the CSC. If the content of the confirmation by the CSC deviates from the content of the order, the contract is concluded in accordance with the confirmation by the CSC, unless the customer objects within 3 days. The CSC makes the final decision regarding cooperation with a customer.

Career platform

The CSC shall, at the customer's request, make changes to the customer’s advertisement distributed by the CSC during the publication period, provided that this is reasonable both technically and in terms of content. Are all changes that affect the identity of the advertisement, thereby resulting in a new position being advertised instead of the original one, are excluded. Changes that can be made with little effort are carried out free of charge. In this case, no new contract between the customer and CSC is concluded.

Events and trade fairs

The allocation of exhibition space and rooms to events and trade fairs is carried out by the CSC. The CSC reserves the right, contrary to the confirmation, to allocate the exhibition space and rooms in a different location, to change the size of its exhibition space and rooms and to make other structural changes. In this case, no new contract is concluded. In the case of contracts for participation in events and trade fairs, the house rules of the University, as amended, apply as an integral part of the contract. Surveying and distributing leaflets, pamphlets, samples etc. on the part of the customer shall be approved by the CSC and is allowed only in the premises allocated to the customer.

§ 16 Contract termination

Consensual termination

The CSC may, at its absolute discretion, consent to the termination of a paid contractual relationship with the customer. In this case, the CSC will be entitled to demand lump-sum compensation for the costs incurred to the amount of at least 30% of the invoiced services without proof of the costs actually incurred. If the CSC consents to terminate the contracts for paid participation in events and trade fairs, the customer shall acknowledge, without requiring proof, the claim of the CSC to payment of 100% (0 to 30 days before the start of the event), 80% (31–60 days before the start of the event), 50% (61–90 days before the start of the event) or 25% (91–120 days before the start of the event) of the participation fee applicable or already paid as lump-sum compensation for the costs incurred. Further claims are reserved.

Contract termination without notice by CSC

The CSC is entitled to terminate the contract without notice at any time if the customer breaches its obligations under Article 18 et seq., does not fulfil its payment obligation after a grace period has been set or if profiles are inactive for a longer period of time. The same applies if the customer’s assets are the subject of legal settlement or bankruptcy proceedings or if the customer’s company is in liquidation. The customer’s payment obligation for services already provided and expenses incurred by CSC remains unaffected. The customer will be informed of such a measure immediately. In the event of termination without notice of contracts which include the participation in events or trade fairs, the organiser will be entitled to compensation equal to 25% of the net participation fee plus surcharges.

§ 17 Duties of the customer

Cooperation and reporting obligations

The customer shall notify the CSC promptly of any recognisable defects, damage or disruptions of the career platform and to take all reasonable measures to facilitate and accelerate the detection of defects or damages as well as the elimination of the disruption.

Profile content

The customer is solely responsible for the content of its profile and its advertisements. The customer shall check the advertisement published by the CSC after the first publication and complain about any defects within five working days. If the customer omits the complaint, publication by the CSC in the appropriate form shall be deemed approved.

Violation of third party rights and applicable law 

The customer undertakes not to violate the rights of third parties or applicable law in particular with respect to privacy, personal rights and moral standards. A violation of moral standards refers to links to elements of service that directly or indirectly lead to websites with inadmissible content or actions that violate or intend to violate system or network security (e.g. gaining unauthorised access or infiltrating the system with a virus).

Release from liability

At the first request, the customer shall release the CSC from all claims asserted against the CSC by third parties for inadmissible contents. The release also includes the required legal costs.

Purpose of profiles

The use of the profiles for a purpose other than the purpose of initiating a service or employment relationship in relation to actually available positions is inadmissible.

Competition

Access to the profiles by companies and organisations competing with the University (hereinafter competitors) is prohibited. The CSC is entitled to discontinue the service provision at any time by blocking access to the profile or by any other suitable means if a customer is a competitor or if a Customer passes on information from the career platform or user profiles to competitors. The payment obligation of the customer remains unaffected.

Duty of care

Access to the profiles is made possible for the customer by granting an access code (user ID, password). The customer undertakes to keep this access code secret and, in particular, not to disclose it to third parties. Access to the profiles for each access code granted is only permitted for one natural person whose name is to be communicated to the CSC. Nor does the CSC guarantee a certain number of responses or a certain number of profiles with a particular search criterion.

§ 18 Data processing

The customer shall provide the CSC with the information and content to be published on the career platform (hereinafter customer information). The customers acknowledge that their profiles are visible to all users. Other settings can be made by the customer itself.

§ 19 Disclaimer

No promise of success

The CSC does not guarantee the formation of a service or employment relationship, or a minimum number or quality of applications or profiles, nor is it liable for any investment made by the customer in connection with a contract, e.g. in reliance on a minimum number of applications. Nor does the CSC guarantee a certain number of responses or a certain number of profiles with a particular search criterion.

Release from liability

The CSC is not liable for the accuracy of the data published on the instructions of users and the statements of fact contained in that data. The CSC will not assume any additional services, hardware or data required to use the career platform, the profiles or their content. The CSC does not guarantee the rights of third parties to the information published on the career platform or in the profiles. In the case of participation in events and trade fairs, the CSC assumes no liability for the exhibits, equipment and stand furnishings and excludes all liability for any damages incurred by its employees, to the extent permitted by law. CSC also excludes liability for disadvantages or damages caused by its employees arising to the customer through erroneous information in the allocation of room and promotion space, communication changes, branding and other faulty services, to the extent legally permissible.

(4) Special provisions regarding uses of Communities

§ 20 Subject matter of the contract

CSC offers users and customers of the career platform a free online communications platform ("CSC Communities"). Use of CSC Communities enables parties to post articles and topics.

§ 21 Conclusion of the contract

The CSC Communities can only be used if you join the corresponding community. The user agreement shall enter into effect once your account is activated by CSC. There is no legal entitlement to activation or participation in CSC communities.

§ 22 Duties of the contracting parties

No disclosure to third parties

The CSC Communities (and therefore the accounts used by CSC Communities) are only to be used by the contracting parties themselves. The parties are responsible for protecting them against misuse. The access data are therefore to be protected from access by third parties.

Respectful Conduct

The aim and purpose of CSC Communities is to be an HSG internal marketplace of exchange. The contracting parties undertake to treat each other in a peaceful and respectful manner without hostility.

No violation of third party rights and applicable law

The contracting parties undertake not to publish any contributions that infringe the rights of third parties or the applicable law, in particular in contravention of copyright or trademark protection, or against morality. The contracting parties shall refrain from using trademarked words and internet addresses as their username (nickname).  The publishing of, inter alia, offensive or false content, sending spam via the system to other users, and anti-competitive action, shall count as an offence against common decency, along with posting topics multiple times in CSC communities (prohibition of double posting), publishing third-party press articles in the CSC Communities without the author's consent, and advertising in the CSC Communities without express written consent of the provider.  So-called surreptitious advertising such as, in particular, linking one's own homepage with, or without text, in one's signature, or within posts, also counts as offence against common decency. Homepage URLs and address or contact information may only be published in the CSC Communities user's profile.

Duty to audit

The contracting parties undertake, before publishing, to check their posts and topics for content that the contracting parties do not wish to publish. Your contributions and topics can be captured by search engines and made accessible worldwide. Claims against the CSC for the deletion or correction of such search engine entries are excluded.

Indemnification

If third parties or students or businesses assert claims against the CSC for possible violations of law that result from the content posted by the parties and/or resulting from the use of the CSC's services by the contracting parties, the contracting parties undertake to indemnify the CSC from any claims, including claims for damages, and to compensate the CSC for any costs it incurs as a result of the possible infringement. The CSC is in particular exempted from the costs of the necessary legal defence. The CSC is entitled to demand a reasonable advance from the contracting parties. The contracting parties are obliged to support the CSC in good faith in the legal defence against third parties by providing information and documents. All further rights and claims to damages on the part of the CSC remain unaffected. If the contracting parties are not responsible for the possible infringement, the aforementioned obligations do not apply.

§ 23 Rights of the CSC

Sanctions

In the event of breach of the obligations set out in §24 the CSC may impose the following sanctions on the contracting parties regardless of termination, deletion or alteration of content by the contracting parties: a warning or blocking of access  to the CSC Communities. Blocking access to the CSC Communities is possible if there is reasonable suspicion that the parties are violating these Terms of Use. The contracting parties may avoid such action being taken if they counter any such suspicion at their own expense by providing appropriate evidence.

§ 24 Copyright and Right of Use

The copyright for topics and contributions published by the contracting parties remains, insofar as they are eligible for copyright, with the contracting parties. The contracting parties shall grant the CSC the right to permanently post the topic or post. This right of use also exists in case of termination of the Community account.

§ 25 Disclaimer

The CSC assumes no responsibility for the correctness of posts published in the Communities by the contracting parties.