1. Scope and definitions
These General Terms and Conditions (hereinafter: GTC) apply between the HEC Career Center of the University of Lausanne (hereinafter: HEC CC) and the “contracting parties” for the use of the platform of the HEC CC (http://wp.unil.ch/heccareercenter, hereinafter: “career platform”). By using the career platform, you accept the present Terms and Conditions and the Privacy Policy in full and without alteration.
The contracting parties are:
a) students using the career platform (hereinafter “users”) or,
b) organizations/potential employers (hereinafter: “customers”).
2. Invalidity
Any provisions that conflict with these GTC will not apply unless agreed to by HEC CC in writing.
In the event of the invalidity of any provisions of these GTC or of these GTC containing any gaps, such invalidity or gap shall not affect the validity of the remaining provisions of these GTC. HEC CC will replace an invalid provision or fill any gap with valid provisions which most closely approximate the purpose of the invalid provision or, in case of a gap, the contracting parties' presumable intentions.
3. Applicable law and place of jurisdiction
These GTC shall be governed by and construed in accordance with the laws of Switzerland. All disputes arising out of or in connection with these GTC, if not amicably settled, shall be submitted to the Courts of Canton de Vaud, Switzerland.
4. Written form and communication
HEC CC communicates with the 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 HEC CC career platform.
The contact address of the HEC CC is as follows:
Centre de Carrière
HEC Lausanne – Internef Building – Office 245
UNIL-Dorigny
CH-1015 Lausanne
+41 21 692 33 56
hec.careers@unil.ch
5. Career platform content and structure
HEC CC 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 any agreement concluded with the contracting parties.
6. Cooperation and reporting obligations
Users and customers shall notify the HEC CC 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.
“Users and customers undertake 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 elements 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).”
7. Violation of third party rights and applicable law
Users and customers undertake 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 that directly or indirectly lead to websites with illicit 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).
8. Release from liability
Users and customers shall release the HEC CC from all claims asserted against the HEC CC by third parties for illicit content. The release also includes the required legal costs.
9. Purpose of profiles
The use of profiles for a purpose other than the purpose of obtainig a service and/or employment relationship in relation to actually available positions is inadmissible.
10. Duty of care
Access to user and customer profiles is made possible for users and customers by granting an access code (user ID, password). Users and customers undertake 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 HEC CC. Nor does the HEC CC guarantee a certain number of responses or a certain number of profiles with a particular search criterion.
11. No warranties, liability
HEC CC makes no warranties, either express or implied, including but not limited to warranties of novelty, patentability, accuracy, non-infringement, merchantability, fitness for a particular purpose of the use of the career platform and other services provided by HEC CC.
HEC CC shall be liable towards the contracting parties only in the event of fraud or gross negligence for any damages suffered in connection with this GTC.
12. Paid services and payments
The contracting parties undertake to pay a fee in due time for services rendered by HEC CC. 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 customer receives documents, these are included in the price.
The fee shall be paid by the customer 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, HEC CC 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).
13. Copyrights
The contracting parties are made aware that certain content on the platform may be subject to copyrights and undertake to respect it.
14. Data processing
The contracting parties acknowledge that the career platform is designed to make their profiles visible to all users by default. Other settings shall be made by the user himself.
In order to use the career platform the contracting parties shall read and agree to its privacy notice.
15. Services offered by HEC CC
HEC CC offers users various career planning and career entry services. The current services are published on the website of the HEC CC: http://wp.unil.ch/heccareercenter.
HEC CC offers users services including:
a) one-on-one consultations;
b) the opportunity to attend career workshops (hereinafter: “career advice”);
c) the opportunity to attend recruitment events such as the Career Networking Fair (hereinafter: “recruitment events”).
The HEC CC 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.
16. Registration
In order to receive HEC CC services, users must be registered on the career platform and have created a profile. HEC CC is not bound to create or activate a profile.
17. Career advice and recruitment events
Appointments for career consultation are made in person, by phone, by e-mail or through the career platform. Appointments are confirmed by HEC CC via the career platform or via e-mail. The user shall submit the documents requested by the HEC CC for consultation, unless otherwise stated, to the HEC CC in electronic form ideally 48 hours before the consultation appointment.
The HEC CC may cancel or postpone services for good cause. The user will be notified immediately and informed about alternative offers. The HEC CC may terminate the contract without notice if the user breaches his obligations.
No-show rule
1) No-shows in the area of recruitment events
The following rules apply to participation in recruitment events, such as the Career Networking Fair or workshops/events requiring registration.
2) No-shows in the area of career advice
To participate in a one-on-one consultation or a career workshop hosted by HEC CC, the following rules apply:
18. Duties of users
The user bears the following obligations:
a) Profile content
The user is solely responsible for the content of his/her profile. The user shall check the profile published on the career platform and notify the HEC CC about any problems. If the user omits the complaint, publication by the HEC CC in the appropriate form shall be deemed approved.
b) Payment
The user undertakes to pay a fee for any services provided by HEC CC requiring payment.
19. Openness, participation and resilience
HEC CC consultants are made available to the user as contact persons and supporters during the career search process. This requires openness and participation by the user. HEC CC services do not constitute therapeutic advice and cannot replace it. Participation in HEC CC services requires normal psychological and physical resilience.
20. Services and products offered by HEC CC
HEC CC offers customers products and services related to marketing and recruitment activities. The current services are published on the website of the HEC CC: http://wp.unil.ch/heccareercenter.
HEC CC offers customers free and/or fee-for-service options including:
a) advertising/marketing of available intersnhips/jobs;
b) highlighting (or boosting) of one’s offer ;
c)publicity for an event on or off campus;
d) presentations on campus ;
e) pre-screening and selection of candidates for a certain offer.
21. Other services
The HEC CC also offers additional services in connection with marketing and recruitment activities such as the opportunity to become a sponsoring partner, various sponsored products, advertisements, acquisition and distribution of HEC CC publications, organisation of fairs or other events, technical solutions, etc. in which separate or extended agreements are used.
22. Conclusion of contract
The contract is concluded when HEC CC confirms the order in writing or when the order is executed by the HEC CC. If the content of the confirmation by the HEC CC deviates from the content of the order, the contract is concluded in accordance with the confirmation by the HEC CC, unless the customer objects within 3 days. HEC CC makes the final decision regarding cooperation with a customer.
23. Advertisement
The HEC CC shall, at the customer's request, make changes to the customer’s advertisement distributed by the HEC CC during the publication period, provided that this is reasonable both technically and in terms of content. 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 HEC CC is concluded.
24. Events and fairs
HEC CC allows customers to participate in various events and fairs. Participation is open only to companies that want to promote themselves as potential employers of graduates. HEC CC decides on participation.
The allocation of exhibition space and rooms to events and fairs is carried out by HEC CC. HEC CC 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 University of Lausanne regulation, as amended, applies 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 HEC CC and is allowed only on the premises allocated to the customer.
25. Termination
HEC CC may, at its absolute discretion, consent to the termination of a paid contractual relationship with the customer. In this case, the HEC CC 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 HEC CC consents to terminate the contracts for paid participation in events and fairs, the customer shall acknowledge, without requiring proof, the claim of the HEC CC 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.
The HEC CC is entitled to terminate the contract without notice at any time if the customer:
a) breaches its obligations, or
b) does not fulfil its payment obligation after a grace period has been set,
c) 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 HEC CC 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 fairs, the organiser will be entitled to compensation equal to 25% of the net participation fee plus surcharges.
26. Obligations of the customer
The customer bears the following obligations:
a) 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 HEC CC after the first publication and notify the HEC CC about any defects within five working days. If the customer omits the complaint, publication by the HEC CC in the appropriate form shall be deemed approved.
b) Competition
Access to the profiles by companies and organisations competing with the University (hereinafter competitors) is prohibited. The HEC CC 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.
27. Disclaimer
No promise of success
The HEC CC 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 relation to a minimum number of applications. Nor does the HEC CC guarantee a certain number of responses or a certain number of profiles with a particular search criterion.
Release from liability
The HEC CC is not liable for the accuracy of the data published on the instructions of customers and the statements of fact contained in that data. The HEC CC will not assume any additional services, hardware or data required to use the career platform, the profiles or their content. The HEC CC 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 fairs, the HEC CC 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. HEC CC 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.
28. Subject matter of the contract
HEC CC may offer users and customers of the career platform a free online communications platform ("HEC CC Communities"). Use of HEC CC Communities enables parties to post articles and topics.
29. Conclusion of the contract
HEC CC Communities can only be used if one joins the corresponding community. The user/customer agreement shall enter into effect once an account is activated by HEC CC. There is no legal entitlement to activation or participation in HEC CC communities.
30. Duties of the contracting parties
No disclosure to third parties
The HEC CC Communities (and therefore the accounts used by HEC CC Communities), if offered, 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 HEC CC Communities is to be an HEC CC 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 customers, and anti-competitive action, shall count as an offence against common decency, along with posting topics multiple times in HEC CC communities (prohibition of double posting), publishing third-party press articles in the HEC CC Communities without the author's consent, and advertising in the HEC CC 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 HEC CC Communities user's or customer’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 HEC CC for the deletion or correction of such search engine entries are excluded.
Indemnification
If third parties or users or customers assert claims against the HEC CC for possible violations of law that result from the content posted by the parties and/or resulting from the use of the HEC CC's services by the contracting parties, the contracting parties undertake to indemnify the HEC CC from any claims, including claims for damages, and to compensate the HEC CC for any costs it incurs as a result of the possible infringement. The HEC CC is in particular exempted from the costs of the necessary legal defence. The HEC CC is entitled to demand a reasonable advance from the contracting parties. The contracting parties are obliged to support the HEC CC 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 HEC CC remain unaffected. If the contracting parties are not responsible for the possible infringement, the aforementioned obligations do not apply.
31. Rights of the HEC CC
Sanctions
In the event of breach of obligations, the HEC CC 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 HEC CC Communities.
Blocking access to the HEC CC Communities is possible if there is reasonable suspicion that the parties are violating these GTC. The contracting parties may avoid such action being taken if they counter any such suspicion at their own expense by providing appropriate evidence.
32. 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 HEC CC the right to permanently post the topic or post. This right of use also exists in case of termination of the “Communities” account.
33. Disclaimer
The HEC CC assumes no responsibility for the correctness of posts published in “Communities” by the contracting parties.