REGISTERING AS A CLIENT
Anyone looking for a temporary employee must register as a client. Only natural persons aged 18 years or over, who are resident in Switzerland, and legal entities and partnerships with registered offices in Switzerland may register. By registering, the client confirms that it has the necessary permits for its company. It also undertakes to comply with all public law employment regulations, as well as all provisions applicable to its operation from collective labour agreements. The person who carries out the registration as a client for a legal entity confirms that he is authorised to represent this legal entity.
The information provided by the client during registration must be true. All documents required by the client must be available to the client at the time of registration, and JITS is entitled at all times to request missing or expired documents. If the client does not comply immediately with such request, JITS is entitled to immediately block access by the client to Adia and immediately terminate any contracts with the client. Any other rights of JITS in the event of missing or incorrect information, in particular claims for damages, are reserved.
INTELLECTUAL PROPERTY RIGHTS
All content of the Adia online platform and the associated applications and websites are either owned by JITS or have been licensed to JITS for use. All content, such as images, photographs, illustrations, text and other materials, is protected worldwide by copyright, design law, trademark and other intellectual property rights. The user agrees to respect all JITS intellectual property rights and those of third parties at any time, and shall not extract, reproduce, convert or distribute any content whatsoever.
JITS is granted a non-exclusive, worldwide, transferable and sub-licensable right to use all information and content provided by the user via Adia for the business purposes of JITS and its affiliates for the duration of the employment relationship between the user and JITS.
SECURITYJITS employs appropriate security measures to detect viruses. Nevertheless, each user must be aware that the existing security measures for computer systems on the Internet do not provide complete protection. JITS does not warrant that there are no viruses or other elements that may cause changes to users’ computer systems (hardware and software) or to the data stored in their systems.
BLOCKING ACCESS TO ADIA
JITS is entitled to block the candidate’s access to Adia if the candidate violates his obligations of these General Terms and Conditions. JITS is also entitled to exclude candidates from Adia who violate their obligations towards the client, in particular in the event of an unjustified absence from an assignment or failure to comply with the client’s instructions. JITS may also deny candidates access to Adia whose rating falls below the defined minimum level.
JITS is entitled to block the client’s access to Adia if the client violates its obligations as per these General Terms and Conditions. In particular, JITS is entitled to exclude a client from Adia if the client does not pay JITS bills outstanding from the temporary employment contract in due time, if the client is declared bankrupt or petitions for a definitive debt restructuring moratorium, or if there is otherwise reasonable suspicion of imminent insolvency. JITS is also entitled to exclude clients from Adia who violate their obligations towards the candidate. JITS may also deny clients access to Adia whose rating falls below the defined minimum level.
Use of the Adia online platform is free of charge for all users.
CONTRACTS WITH CLIENTS
The client must accept the JITS General Terms and Conditions for Temporary Staffing at registration. Each time a client accepts a candidate for a temporary position, Adia will generate a Temporary Employment Agreement that regulates the conditions of the respective assignment. The General Terms and Conditions for Temporary Staffing shall form the basis of each individual Assignment Contract and become a component of each Assignment Contract.
These contract documents will be created automatically by Adia and signed electronically by JITS. The client undertakes to sign all the contract documents legally. This can be done either by: (i) an electronic signature that meets the requirements of Swiss law, or (ii) signing the printed contract documents and returning them to JITS. In any event, the client undertakes to send to JITS a legally signed original copy of each contract document on request.
GENERAL OBLIGATIONS OF USERS
Users are obligated to ensure that all the information required for registration is complete and truthful, and to submit all required documents and supporting documents. Any changes to the information provided must be updated immediately via Adia. Likewise, every user is required to notify JITS of any changes that may affect his eligibility to participate in temporary staffing in Switzerland, in particular with regard to expired work or operating permits. JITS may review the information provided at any time and request any necessary supporting documents. If it is determined that a user has not fully complied with these obligations, JITS is entitled to block the user’s access to Adia and terminate all existing contracts with immediate effect.
The user voluntarily and expressly acknowledges and accepts that he is solely and exclusively responsible for his use of Adia. The user is not permitted to perform any actions that could affect the reputation, interests or rights of JITS or its affiliates, or that harm or compromise the Adia platform, or that may interfere in any way with the normal use by other users.
EXCLUSION OF LIABILITY/LIMITATION OF LIABILITY
No warranty or assurance is given by JITS as to whether the Adia online platform or its content is correct, complete, error-free or reliable, or that its usage does not infringe any third party’s rights. No warranty or assurance is given by JITS that the functional aspects of the Adia online platform or its content is error-free or that the server through which Adia or its content is made available is free from viruses or other harmful components. The use of the Adia online platform and its content is at the user’s own risk and is made available “in the existing state” and “depending on availability” without any warranty of any kind.
JITS does not provide any guarantee that Adia and its services will be available without restriction, and reserves the right to make changes to the platform and the service offer at any time and without prior notice.
To the extent permitted by law, JITS excludes all liability for damages arising out of or in connection with using the Adia online platform or its content, irrespective of whether it concerns direct, indirect, consequential or other damages.
LINKS AND LINKINGAdia may display links to other websites operated by third parties not affiliated with JITS. The inclusion of such links to third party websites does not constitute implied endorsement by JITS of these sites. JITS has not reviewed all of the external sites linked to the website and is not responsible for the content or accuracy of those sites, or other sites linked to the website. The use of a link to an external site or to third-party sites is at the user’s own risk.
ASSESSMENT AT THE END OF THE ASSIGNMENT
After the end of each assignment, both the candidate and the client are invited to assess each other. All assessments must be done carefully, conscientiously and according to the criteria laid down by Adia.
JITS reserves the right to delete any type of rating that does not meet its requirements. JITS is also entitled to adjust the assessment criteria at any time. It can then transfer the existing assessments to the new criteria at its discretion.
TIME RECORDINGAdia provides a time recording functionality for each candidate assignment. As soon as the candidate arrives at the agreed place of work, he will be able to check in to the assignment via Adia. Before leaving the place of work again, the candidate must check out from the assignment via Adia. The client can verify this information about the check-in and check-out from the assignment, and it can then confirm or correct the information provided by the candidate.
CONTRACTS WITH CANDIDATES
As soon as a candidate is given his first assignment with a client, two contractual documents will be generated by Adia: (i) a Framework Employment Agreement defining the rights and obligations between JITS and the candidate for the first and all subsequent assignments with all clients, and (ii) an Assignment Contract governing the conditions of the first assignment. A new Assignment Contract will be generated for all subsequent assignments with the same or a different client.
These contract documents will be created automatically by Adia and signed electronically by JITS. The candidate undertakes to sign all the contract documents legally. This can be done either by: (i) an electronic signature that meets the requirements of Swiss law, or (ii) signing the printed contract documents and returning them to JITS. In any event, the candidate undertakes to send to JITS a legally signed original copy of each contract document on request.
KEEPING USERNAME AND PASSWORD SAFEAdia usernames and passwords assigned to users during the registration process must be kept safe and not shared with third parties. If the username and password fall into the hands of third parties, JITS must be informed immediately. The user is accountable for the actions of unauthorised third parties, as for his own actions.
REGISTERING AS A CANDIDATE
Anyone looking for temporary employment must register as a candidate. Only natural persons aged 18 years or over who are resident in Switzerland may register as a candidate. By registering, the candidate confirms that he has the necessary documents and authorisations to work in Switzerland. If the candidate does not have Swiss citizenship, he may register only if he is a citizen of one of the following EU/EFTA countries, has a valid work permit and is resident in Switzerland: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Germany, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom, Liechtenstein, Iceland or Norway.
The information provided by the candidate during registration must be true. All documents required by the candidate must be available to the candidate at the time of registration, and JITS is entitled at all times to request missing or expired documents. If the candidate does not comply immediately with such request, JITS is entitled to immediately block access by the candidate to Adia and immediately terminate any contracts with the candidate. Any other rights of JITS in the event of missing or incorrect information, in particular claims for damages, are reserved.