General sales conditions

1. Application field: Any order involves an agreement to the present general sales conditions. Every transaction made on the website jobtic.ch by Tamia SA happens exclusively under the present general sales conditions. These apply to the goods ordered on jobtic. ch by the customer, online, by fax, e-mail, mail, or phone. The following general sales conditions are valid exclusively in the context of the offered services. The present general sales conditions are applicable to all sales of services by Tamia. Except for an emergency convention, the present general sales conditions cannot be cancelled or modified wholly or partly by any other stipulations, clauses, or conditions.
2. Ordering: Orders are submitted online through the Internet order page, by fax, by e-mail, by mail, or by telephone. Orders are confirmed independently from the mode of ordering (mail, fax, telephone, e-mail or Internet): by e-mail for customers who have an e-mail address and by telephone for customers who do not. The products bought online (ads, services, or visibility) belong to Tamia SA until the full payment of the product’s price as appears on the order by the customer. All prices are given in Swiss francs, TVA and shipping costs not included. Tamia SA reserves all rights to adapt, at any time, the present general sales conditions to any new situation and to implement them without delay. Tamia SA is under the obligation to indicate in its general conditions any modified or completed directive by credit card emitting organisms (partners). Services will be the object of an order confirmation addressed by Tamia SA or possibly of a written contract on which will be mentioned precisely the service that has to be executed by Tamia SA which reserves the right to refuse any order that does not correspond to its field of competence. Besides, Tamia SA reserves the right to refuse all ads opposed to its interests or public morals.
3. Respect of the companies’ and the users’ private sphere: With the portal jobtic.ch, you can search the CV database. You only give out your information when you purchase products. Personal data given to us are registered only in the Tamia SA files. This data will be used by our company to execute your order and so as to organize promotion, for instance by e-mail. Addresses will not be communicated or forwarded to a third party. Customers’ personal data will only be used within the frame defined by federal laws on the protection of information.
4. Payment conditions: Billing is done on the basis of existing prices or prices mentioned in the contract. Prices are off TVA. Existing prices are those published on jobtic.ch or on its commercial documents. Tamia SA reserves the right to modify its prices. Those in use upon reception of the order will be applied. Increase and decrease of prices are not applicable to ongoing services. All our bills are payable within 10 days, according to the billing date, by bank transfer.
5. Conditions for Internet payment (e-commerce): Tamia SA systematically confirms an order submitted to the website by e-mail or mail. It is treated within 2 weekdays (two to seven days if the ad is not available immediately, to which is added the required time to set it up online). The prices are in Swiss francs, TVA and shipping costs are not included. The required time to put the ad online for all orders submitted during workdays is of 48 hours. Tamia SA is not responsible for the required time of the installation. If the upload cannot be done within the delay of 48 hours that follow the order, and if nothing else is agreed on, the customer can terminate the contractual bond. If Tamia SA realizes, after confirming the order, that the latter cannot be fully uploaded because of a technical flaw or problem, the customer will be immediately informed by the company. In this case, a partial upload is done without shipping charges, if the order does not reach CHF 450.-. However, in both cases, the customer cannot claim damages and interests.
6. Responsibility: Tamia SA vouches that all available means will be used to ensure the best service quality possible. However, Tamia SA cannot be held accountable for dysfunctions intervening on the Internet and electrical network. Likewise, Tamia SA cannot be held accountable for the quality of the applications (ad responses, CVs). Tamia SA cannot guarantee a response from all the candidates who have been contacted by the recruiting agencies which only have a limited access to our CV database. The subscriber vouches to use the services provided by jobtic.ch while respecting the private sphere and the given individual’s rights to information protection, as well as the legal prescriptions, including the federal law on job services. Tamia SA declines all responsibility about its customers’ use of selection criteria - for instance those involving the ownership of a work permit by the candidates - and cannot be blamed for any discrimination whatsoever. If the responsibility of jobtic.ch was retained for poorly executed services, the customer could not claim other damages and interests than the reimbursement of a part of the transactions that have been done. The amount of the reimbursement will be calculated after subtracting the fixed costs put forth and the time already spent during the subscription. Reselling information and services proposed by jobtic.ch is formally forbidden. Likewise, neither service nor any information provided by jobtic.ch can be transmitted to a third party, CV database included. Only the subscriber can use his subscription, whichever it may be. For placement and recruitment agencies which have several branches, each branch must have its own account (an account cannot be shared by several branches). Any job offer published by the customer must correspond to a real position within the company, or, for recruiting agencies, to an existing mission which has been given to them.
7. Contract renewal: This contract is tacitly renewable with the same conditions. Should the prices or the duration of the contract’s duration change, jobtic.ch would have to provide the subscriber a new offer. If the subscriber (company) does not wish to renew his subscription, he must inform Tamia SA by an official letter with two months notice.
8. Cancelling and force majeure: A case of force majeure is any exterior event, unpredictable and independent from us in the way of the normal execution of our services. In the hypothesis of a force majeure usually recognized as such by jurisprudence, obligations bound to the current order will be suspended for its entire duration. If the case of force majeure should be superior to 30 days in a row, the current order would be cancelled, eight days after the sending of a registered letter. Moreover, Tamia SA reserves the right to cancel any contract at any time, without motives. In this case, Tamia SA vouches to reimburse its customer pro rata temporis.
9. Applicable law and jurisdiction: The present general sales conditions are under Swiss law, regardless of the customer’s country. Any service related to the interpretation of our orders or related to the execution of our orders will be, short of an out of court settlement, decided definitively by the appropriate tribunals of the canton of Vaud. The nullity of one or several clauses of these general sales conditions does not lead to the nullity of the entire document. In case of legal vacuum, the Swiss Code of the Obligations and its dispositions are the only ones applicable.

Any and all disputes are exclusively under Swiss law. The competent court is in Lausanne.

Tamia SA, Lausanne, 1 June 2017