Terms of Use Agreement

 

1. Contract

General 

You agree to enter into a legally binding contract with chainstaff (also when accessing our services on behalf of a company) by clicking on "Sign Up Now", "Become a chainstaff Member", "Register", or by accessing or using our services (as described below). If you wish to terminate this contract, you may do so at any time by closing your account and ceasing access to and use of our services.

 

Services

This contract applies to chainstaff.info, chainstaff apps, and other chainstaff-related websites, apps, information, and services that state they are offered under this contract ("Services"), including offsite data collection for such services, such as our advertisements, as well as the "promote with chainstaff" and "share via chainstaff" plugins. Registered users of our services are "Members", while unregistered users are "Visitors".

 

chainstaff

You are entering this contract with chainstaff (referred to as "we" or "us"). As a Visitor or Member of our Services, the collection, use, and sharing of your personal data are subject to this Privacy Policy (and other documents referenced in this Privacy Policy) and its updates.

 

Modification

We reserve the right to modify this contract, our privacy policy, and our cookie policy. Should we make significant changes, we will notify you through our services or in another manner, giving you the opportunity to review the changes before they become effective. We agree that changes cannot be made retroactively. If you disagree with any changes, you may close your account. Your continued use of our services after we publish or notify you of these changes means that you agree to the updated terms as of their effective date.

 

2.Duties

Access to the Services

The services are not intended for use by minors under the age of 16. To use the services, you must confirm that:

• You have reached the "Minimum Age" (as defined below) required for use.

• You maintain only one chainstaff account, which you have created using your real name.

• You have not been previously banned from using the services by chainstaff.

 

The "Minimum Age" is 16 years. However, if the law requires that you must be older for chainstaff to lawfully provide the services to you (including the collection of your data) without parental consent, then the "Minimum Age" refers to that higher age. Users (chainstaffers/mediators, companies or applicants) are responsible for ensuring the accuracy and legality of job ads posted on the platform. Mediators must share links ethically and refrain from spamming. Companies must accurately describe job openings and adhere to fair hiring practices.

 

Your Account

Members are account owners. On our platform we have 3 different types of users:

• chainstaffers/mediators; people which share jobs

• companies: representatives which are posting job ads

• applicantss/candidates: professional which apply to open jobs

 

All members agree to:

• Choose a secure password, keep it secret, and treat it confidentially;

• Not transfer any part of your account (e.g., contacts); and

• Comply with the laws, the chainstaff Code of Conduct (what you can and cannot do on chainstaff), and the Community Guidelines.

 

You are responsible for anything done through your user account unless you close it or report misuse. chainstaff is not liable for the accuracy of job ads or the conduct of mediators. Users agree to indemnify and hold Chainstaff harmless from any claims arising from misuse of the platform.

 

Payment

When you purchase our paid services (e.g., prize money/bounty for job recommendations), you agree to pay the applicable fees and taxes to us. Furthermore, you agree that:

• Your purchase may be subject to processing fees due to exchange rates.

• We may store and charge your payment method (e.g., credit card), even after it has expired, to avoid interruptions in our services and to use it for payment of other services you may purchase.

 

chainstaff reserves the right to adjust payment terms as appropriate. Payments are made to mediators based on the agreed bounties upon successful hirings. There will be no issued bounty payment for withdrawn job ads or unsuccessful hires. Payment disputes must be reported within 30 days.

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According to the business model, chainstaff receives a commission of 30% from the corresponding prize money/bounty. At the time of the successful employment of the candidate through chainstaff (the moment the listing is successfully closed), the payment of the bounty is due. The bounty is then paid out and distributed over six installments by chainstaff:

• 1/6 upon contract conclusion (closing of the position through chainstaff)

• 1/6 at the start of employment (according to the employment contract)

• 1/6 at the beginning of the 2nd month of employment

• 1/6 at the beginning of the 3rd month of employment

• 1/6 at the beginning of the 4th month of employment

• 1/6 at the beginning of the 5th month of employment

We calculate the taxes you need to pay based on the billing information you provide us at the time of purchase. A copy of your invoice can be obtained through your account settings on chainstaff.

 

Refund Policy

chainstaff offers companies a classic pro-rata refund policy. If the candidate does not take up the position, or if the employer or candidate resigns within the first 5 months, the respective outstanding amount (rounded to months) will be credited to the company's chainstaff account. If the company has transferred the outstanding amount to a bank account, then processing fees are at the company's expense. Payment disputes must be reported within 30 days.

 

Fraud Prevention

To prevent fraud, chainstaff reserves the right to withhold the first installment for hired candidates/mediators until the candidate has actually started the job. If the candidate does not start the job, chainstaff reserves the right to withhold the first installment. This measure ensures the integrity of the referral process and that all parties fulfill their contractual obligations.

 

Notices and Messages

You agree that we may send you notices and messages in the following ways:

1. within the service, or

2. to the contact information you provided (e.g., email address, mobile number, mailing address).

You agree to keep your contact information up to date. Please review your settings to control and limit the messages you receive from us.

 

Sharing

Our services allow you to share messages and information (especially job ads) across various internet mediums. Information and content that you share or post can be seen by other members, visitors, or third parties (even outside of the chainstaff services). You decide in which medium you want to share information.

Under these terms, members may not actively approach employees and contact them personally unless they hold a corresponding intermediary license. It is prohibited for chainstaff members to maintain lists of candidates, proactively approach them, and encourage them to apply as part of active recruitment activities unless they hold an intermediary license.

If a member publishes a job ad for their own business, where they are also under contract as an employee, this policy does not apply. In such cases, the member is allowed to share information and content within these services and actively approach employees without violating the restrictions set forth in this agreement. However, we reserve the right to conduct additional checks or take measures in such situations to ensure that the posting of the job ad and recruitment activities comply with applicable laws and regulations.

On the other hand, applicants can use our services for job applications, where information and data may only be shared with the job advertiser.

We are not obligated to publish information or content on our service and can remove it with or without prior notice.

 

3.Rights and Restrictions

Your license to chainstaff

In relation to your relationship with chainstaff, you own the content and information that you send or post on the services, and you grant chainstaff the following non-exclusive license:

• A worldwide, transferable, and sublicensable right to use, copy, modify, distribute, publish, and process information and content that you provide through our services and the services of third parties, without any further consent from you, notice and/or compensation to you or others. These rights are limited as follows:

• You can end this license for specific content by deleting such content from the services or by closing your account, except (a) to the extent you shared it with others as part of the service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

 

We will not include your content in advertisements for the products and services of third parties to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your social actions may be visible and included in ads, as described in the Privacy Policy. If you choose to provide feedback or suggestions about our services, you agree that we can use and share (but do not have to) this feedback for any purpose without compensation to you.

 

Availability of Services

We may change, suspend, or end any service, or change future prices at our discretion.

We don't guarantee to store or keep showing any information and content you've posted. chainstaff is not a storage service. You agree that we have no obligation to store, maintain, or provide you a copy of any content or information that you or others provide, except as required by applicable law or as described in our Privacy Policy.

 

Other Content, Websites, and Apps

Your use of others' content and information posted on our services is at your own risk.

Others may offer their own products and services through chainstaff, and we aren’t responsible for those third-party activities.

 

Limitations

chainstaff reserves the right to limit your use of the services and to restrict, suspend, or terminate your account if we believe you may be in breach of this contract or law or are misusing the services (e.g., violating the Code of Conduct or Community Guidelines).

 

Intellectual Property Rights

chainstaff reserves all of its intellectual property rights in the services. Trademarks and logos used in connection with the services are the trademarks of their respective owners.

 

Automatic Processing

We use the information and data you provide to make recommendations for contacts, content, and features that might be useful to you. For example, we use data and information about you to recommend jobs to you or you to recruiters. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

 

4.Disclaimer and Limitation of Liability

Disclaimer of Warranty

CHAINSTAFF AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CHAINSTAFF AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS CHAINSTAFF HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), CHAINSTAFF WILL NOT BE LIABLE FOR LOST PROFITS OR BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT), OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. CHAINSTAFF’S LIABILITY IN CONNECTION WITH THIS CONTRACT, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL BE LIMITED TO THE AMOUNTS PAID TO CHAINSTAFF BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

 

Basis of the Bargain; Exclusions

The limitations of liability in this section are part of the basis of the bargain between you and chainstaff and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, law) and even if chainstaff has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury, for fraud, gross negligence, or intentional misconduct, or in cases of breach of a fundamental contractual obligation, where a fundamental contractual obligation is defined as an obligation which is essential for the provision of the services and on which you may rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this contract and to the extent that they are typical in the context of this contract.

 

5.Termination

Both you and chainstaff may terminate this contract at any time with notice to the other. On termination, you lose the right to access or use the services. The following shall survive termination:

• Our rights to use and disclose your feedback;

• Members and/or Visitors’ rights to further re-share content and information you shared through the services;

• Sections 4, 6, 7, and 8.2 of this Agreement;

• Any amounts owed by either party prior to termination remain owed after termination.

• You can close your account at any time through your account settings.

 

6.Governing Law and Jurisdiction

For all legal relationships between chainstaff and its members, regardless of whether they are natural or legal persons, the law of the Swiss Confederation exclusively applies.

To the extent legally permissible, for all disputes arising out of or in connection with the use of the platform or its services, Köniz, Canton of Bern, is agreed upon as the exclusive jurisdiction. This particularly applies to disputes regarding the validity, interpretation, fulfillment, or non-fulfillment of the terms of use or any other agreements between the platform and the members.

The platform is aimed at users worldwide. Users who access the platform from outside Switzerland do so on their initiative and are responsible for compliance with local laws, insofar as and to the extent local laws are applicable.

If any provision of these General Terms and Conditions is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partly invalid regulations should be replaced by regulations whose economic success comes closest to that which the contracting parties intended with the invalid or partially invalid regulation.

 

7.General Conditions

If a court with jurisdiction over this contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this contract.

This contract (including any additional terms we provide when you engage with a feature of the services) is the only agreement between us regarding the services and supersedes all prior agreements for the services.

If we don't act to enforce a breach of this contract, that does not mean that chainstaff has waived its right to enforce this contract. You may not assign or transfer this contract (or your membership or use of Services) without our consent. However, you agree that chainstaff can assign this contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this contract.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

 

8. What You Can and Cannot Do on chainstaff ("Do's and Don'ts" or Code of Conduct)

chainstaff is a community for professionals. These rules, along with the Community Guidelines, restrict what you can and cannot do on our services.

 

Do’s

You agree to:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.

• Provide accurate information to us and keep it updated.

• Use your real name on your profile.

• Use the services in a professional manner.

 

Don'ts

You agree not to:

• Create a false identity on chainstaff, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account.

• Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the services or otherwise copy profiles and other data from the services.

• Override any security feature or bypass or circumvent any access controls or use limits of the service (such as caps on keyword searches or profile views).

• Copy, use, disclose or distribute any information obtained from the services, whether directly or through third parties (such as search engines), without the consent of chainstaff.

• Disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer).

• Infringe or use chainstaff’s brand, logos, and/or trademarks without our prior written consent.

• Post anything that contains software viruses, worms, or any other harmful code.

• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the services or any related technology that is not open source.

• Imply or state that you are affiliated with or endorsed by chainstaff without our express consent (e.g., representing yourself as an accredited chainstaff trainer).

• Rent, lease, loan, trade, sell/resell access to the services or related data without chainstaff’s consent.

• Use bots or other automated methods to access the services, add or download contacts, send or redirect messages.

• Monitor the services' availability, performance, or functionality for any competitive purpose.

• Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the services.

• Overlay or otherwise modify the services or their appearance (such as by inserting elements into the services or removing, covering, or obscuring an advertisement included on the services).

• Interfere with the operation of, or place an unreasonable load on, the services (e.g., spam, denial of service attack, viruses, gaming algorithms).

• Violate the Community Guidelines or any additional terms concerning a specific service provided when you sign up for or start using such service.

 

9.Complaints Regarding Content

We respect the intellectual property rights of others. Accordingly, this contract requires information posted by members to be accurate and not to violate the intellectual property rights or other rights of third parties. We provide a policy and process for complaints about content posted by our members.

 

10.Contacting Us

For general inquiries, you can contact us online. Legal notices or service of process can be sent to chainstaff AG, Mohnstrasse 1, 3084 Wabern.