General Terms and Conditions

Version 1.0

valid from 01.05.2020

JobDone AG
Auberg 2, 4051 Basle, Switzerland

HReg UID: CHE-214.484.177

Email address: [email protected]

Legal notice: These general terms and conditions, translated from German, are for quick reference only. They have no legal effect. The general terms and conditions in German are the legally binding ones.

1. Scope

1 These General Terms and Conditions (GTC) apply to the business area of JobDone AG, Auberg 2, 4051 Basle, Switzerland, (hereinafter “JobDone”). JobDone owns and operates the platform www.jobdone.app and provides services on it, both paid and free of charge, in connection with the planning of personnel, communication and time recording. Primarily in the area of SaaS services. Furthermore, JobDone sells products in the aforementioned area.

2 The general terms and conditions apply to contracts in the above mentioned areas as well as to the other services which JobDone provides directly or indirectly to its customers (hereafter “customer”).

2 Conclusion of contract

The contract is concluded without reservation by the acceptance of an offer or the terms and conditions of JobDone or the payment, concerning the purchase of services, products or licenses, by the customer.

3. Prices

1 Subject to other offers, all prices are in Swiss Francs (CHF). All prices are exclusive of any applicable value added tax (VAT).

2 The prices are exclusive of any other applicable taxes.All prices are exclusive of any applicable value added tax (VAT).

3 The company reserves the right to change the prices at any time. The prices valid at the time of the conclusion of the contract or according to the separate agreement shall apply. The prices valid at the time of the conclusion of the contract shall apply to the customer. For services with monthly or annual fees, the prices are valid until the end of the contract period paid by the customer.

4 The customer can test the jobdone.app free of charge after registration. After this test phase the customer does not automatically switch to the chargeable use if no payment information is registered. If the customer would like to continue using jobdone.app he will be asked to enter his payment information by email before the end of the free test phase. If he does not comply with this request, his access will be blocked.

5 If the customer has entered his payment information until the end of the free trial period, the customer enters into a contract for chargeable use from that point on.

4. Payment

1 The customer is obliged to pay the invoiced amount within 14 days of the invoice date. Unless he has already paid the amount during the ordering process via credit card, Paypal or other payment systems.

2 If the invoice is not paid within the aforementioned payment period, the customer will be sent a reminder. If the customer does not pay the invoice within the set reminder period, he is automatically in default. From the time of default, the customer shall owe default interest in the amount of 5%.

3 JobDone reserves the right to demand advance payment at any time without giving reasons.

4 Setting off the invoiced amount against a possible claim of the customer against JobDone is not allowed without the explicit consent of JobDone.

5 JobDone has the right to refuse to provide services, to deliver the product or to grant the licence in case of late payment.

5. JobDone’s obligations

1 Service provision

  1. Unless otherwise agreed, JobDone fulfils its obligations by providing the agreed services and products. The services and products include the services that are or were published online at the time of the conclusion of the agreement.
  2. A large part of JobDone’s services are provided online. Therefore the recipient location principle applies. For all other services the registered office of the company is the place of performance, unless otherwise agreed.
  3. Adjustments, changes and additions to the SaaS services covered by the contract as well as measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of availability if this is necessary for technical reasons.

2 Ancillary staff

Both parties have the express right to call in auxiliary persons to perform their contractual obligations. They must ensure that the involvement of auxiliary persons is carried out in compliance with all mandatory legal provisions and any collective employment agreements.

6. Duties of the customer

1 Exercise of rights of use

  1. By accepting these general terms and conditions, the customer confirms that he has sufficient capacity to act for the conclusion of the legal transaction.
  2. The customer is obliged to exercise the rights of use only to the extent granted.
  3. The services and products of JobDone are, unless explicitly stated otherwise, only intended for commercial companies. By using these services and products, the customer confirms that he/she is using them exclusively for commercial or independent professional activities.
  4. By registering, the customer expressly declares that all information provided is true, up-to-date and in accordance with the rights of third parties, morality and the law.
  5. The customer is responsible for entering and maintaining the data and information required for the use of the SaaS services, without prejudice to JobDone’s obligation to backup the data. He is also obliged to check his data and information for viruses or other harmful components before input and to use state-of-the-art virus protection programs for this purpose.
  6. For a large part of the services and products offered by JobDone, access with an IT system via the Internet is required. It is the responsibility of the customer to ensure that the minimum hardware and software requirements for the contractual use of the services and products are met. These minimum requirements are, in particular, an IT system which, among other things:
    1. has a working Internet access,
    2. has an operating system with a current version,
    3. supports a common Internet browser with the latest version and activated cookie function, as well as activated JavaScript.

2 Obligations to cooperate

  1. The customer is obliged to take all necessary precautions for the provision of the service by JobDone immediately. The customer has to make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances this includes the provision of suitable information and documents to JobDone.
  2. Furthermore, the customer is obliged to cooperate comprehensively and promptly. He must hand over to JobDone all documents required in connection with the provision of the service unsolicited, complete and correct in terms of content. JobDone assumes that the information and documents provided are correct and complete, as well as comply with the statutory obligations to cooperate and provide information.

3 Security obligations

  1. The customer must take all measures that are necessary at the dutiful discretion of JobDone to maintain or improve the security of the data, the software and the network connections.
  2. The customer is fully responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the collected data and information. He must inform JobDone immediately of any unauthorized use of his access data or other attacks on security. In such cases, JobDone will change the customer’s access data together with the customer.

4 Other obligations

  1. The customer agrees that JobDone is entitled to control its conduct in connection with the use of the Internet platform. In particular, JobDone is entitled to check the legality of content recorded by the customer on the online platform at any time.
  2. The customer is prohibited from intentionally disrupting or interrupting The services or products of JobDone in any way.
  3. The customer is obliged to prevent unauthorized access by third parties to the software by taking appropriate precautions. For this purpose, the customer will, if necessary, inform his employees of compliance with copyright law. In particular, the customer shall instruct its employees not to make any copies of the software or to pass on access data to third parties.

7. Withdrawal

1 Services

Both parties have the right to withdraw from the contract at any time. The customer must pay the expenses already incurred by JobDone in full. There is no entitlement to a refund of the services already paid for by the customer. Furthermore, the customer will be charged any costs caused by the withdrawal.

2 Products

An exchange of products or services is generally excluded.

8. Failure to fulfil obligations

A violation of these contractual conditions forfeits the customer’s right to use the services, products and licenses of JobDone and entitles JobDone to block the user account or the customer’s access.

9. Upgrade / Add-on

1 An upgrade from a smaller to a larger package is possible at any time. However, a downgrade is only possible at the end of the paid contract period. If the customer has chosen a larger package and does not receive all services, he is not entitled to a refund.

2 Add-ons selected for the package can be deselected at the end of the paid contract period. If the service of an add-on has been provided, it will be charged in full, any refund of unused add-ons will be excluded.

10. Retention of title

1 The ownership of the products and services remains with JobDone. The customer may not resell, rent or pledge JobDone products and services.

2 The customer agrees not to reproduce, copy or modify the services and products of JobDone for any purpose. The customer is also prohibited from removing, concealing or changing legal notices (e.B. copyright or trademark notices).

11. Warranty

1 JobDone strives for good availability of its services and takes reasonable precautions to protect them from interference by third parties.

2 JobDone provides technical support on a “best effort” basis, but does not guarantee the availability of technical support.

3 JobDone also cannot guarantee the uninterrupted and trouble-free functioning of jobdone.app and the other services and products offered. JobDone does not guarantee the factual and content-related correctness, completeness and reliability or quality of the published or transmitted information and products. JobDone can also give no guarantee for non-spamming, malicious software, spyware, hackers or phishing attacks etc. that impair the use of the service, damage the infrastructure (e.B. end devices, PC) of the customer or otherwise damage him. JobDone cannot guarantee the factual and content-related correctness, completeness and reliability or quality of the information and processes provided, published or transmitted as well as the work results of the services. Any problem or defect must be reported to JobDone immediately.

4 JobDone has the right to discontinue, remove or change its services (or parts thereof) permanently or temporarily at any time or to add new services. These changes are automatically subject to these terms. By continuing to use the Services by customer after such changes, customer implicitly agrees to such changes.

12. Liability

1 Liability for any indirect damage and consequential damage caused by a defect is completely excluded.

2 Within the framework of the statutory provisions, JobDone excludes any liability towards the customer (or any third party), in particular for the fulfilment of his contractual and non-contractual obligations and for the loss of data and loss of profits (including for negligence). This exclusion of liability also applies to damage caused directly or indirectly by the use of JobDone’s software.

3 In all cases, liability for direct damages shall be limited to the sum of the services, products or licenses paid for and not purchased by the customer. This limitation of liability does not apply to direct damage caused by gross negligence or intent on the part of the customer.

4 The customer is obliged to report any damage to JobDone immediately.

5 Any liability for auxiliary persons is completely excluded.

13. Intellectual property rights

1 JobDone AG is entitled to all rights to the products, services and any trademarks or is entitled to use them by the owner.

2 Neither these GTC nor the associated individual agreements contain the transfer of intellectual property rights, unless this is explicitly mentioned.

3 Any further use, publication and making available of information, images, texts or anything else received by the customer in connection with these provisions is prohibited, unless it is explicitly approved by JobDone.

4 If the customer uses content, texts or pictorial material in connection with JobDone to which third parties have a property right, the customer must ensure that these property rights are not infringed.

14. Notices

1 Unless a stricter form is mandatory in this contract or by law, all notifications must be sent in writing to the addresses indicated during the registration of the customer or on the homepage of JobDone. Sending via e-mail satisfies the written requirement in each case. For the legally binding delivery via e-mail to JobDone, a confirmation of receipt from JobDone is required. Notices from JobDone to the e-mail address provided by the customer during registration shall in any case be deemed to be written notification and delivered.

2 The parties are obliged to notify the other contractual partner immediately of any changes of address (including e-mail). Otherwise, notifications at the last address notified in writing shall be deemed to have been received with legal effect.

15. Data protection

1 The data protection provisions published by JobDone apply.

2 To ensure the protection of the customer, all communication with jobdone.app is encrypted via the HTTPS protocol.

3 JobDone is entitled to publicly name the customer – subject to his written objection – as a reference and to use general information about the agreed contract in a suitable manner for marketing and sales purposes.

16. Changes to the GTC

1 These General Terms and Conditions may be changed by JobDone at any time.

2 The new version comes into force by publication on the JobDone website.

3 For the customers, the version of the GTC which is in force at the time of payment of the next contract period applies. Unless the customer has agreed to a newer version of the GTC.

17. Priority of the GTC

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC take precedence over these GTC.

18. Severability clause

Should any provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.

19. Confidentiality

Both parties, as well as their auxiliary persons, undertake to treat as confidential all information submitted or appropriated in connection with the services. This obligation shall remain in force even after the termination of the contract.

20. Force majeure

1 If the timely fulfillment by JobDone, its suppliers or engaged third parties as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or Reactor damage, epidemics, pandemics, endemics or the end of the world is impossible, JobDone shall be released from fulfilling the affected obligations during the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, JobDone may withdraw from the contract. The company must reimburse the customer in full for any remuneration already paid for services not purchased.

2 Any further claims, in particular claims for damages as a result of force majeure, are excluded.

21. Applicable law / place of jurisdiction

These GTC are subject to Swiss law to the exclusion of the provisions of international private law (IPR) and the uniform UN Convention on Contracts for the International Sale of Goods (CiSG). Unless mandatory statutory provisions apply, the court at the registered office of the company is competent.