Sales general conditions/use of Arca24 services
1. Scope
These Sales General Terms and Conditions (“General
Conditions”) govern the mutual business relationship between Arca24 and its
customers / users and are valid for all Arca24 services better explained in
point 2.1 below, except for the case of a specific agreement signed by and
between the parties.
In the event that the service requires the issuance
of a Purchase Order, Arca24 reserves the possibility of not accepting it.
2. Offer, prices, payments’ terms
2.1 Offered services
Arca24 provides its customers / users with the
following services (hereinafter individually “the Service” or jointly “the
Services”): jobarch.com, cvideo.com, softskilllab.com .
These General Conditions apply to all on-demand
Services provided by the Website. Only in the case of special offers for flat
packages there is the possibility to download a specific Purchase Order, which
is an addition of these General Conditions.
A registration is required for all these Services.
Registration is personal and shall not be sold, loaned or rented. The
responsibility for any act against these General Conditions is directly
attributable to the user who makes an inappropriate use of the Service. The
user can cancel his registration at any time. The Service’s payment is due also
in any case of customer’s cancellation.
Arca24 reserves the right to suspend or discontinue
its Service in any event the data entered by the user is not compatible with
the Service and / or contrary to these General Conditions and / or the law.
2.2 Prices and payments’ terms
The prices in force for the Services provided, the
payment methods, as well as the contents and duration of the Services are
published on the Website. Arca24 reserves the right to change the prices
published for online offers at any time. Relevant is the information published
on the Website at the date of the settlement or its renewal.
Unless otherwise agreed by and between the parties,
for flat packages is requested the advance payment by bank transfer to be made
to the bank details indicated in the Purchase Order. Otherwise, for all other
Services, it is possible to make payment through Paypal or any similar systems
which will guarantee the same level of security. With the payment the user will
have access to the Service. In case of incomplete payment, Arca24 reserves the
right to suspend the Services at any time and without notice. All prices for
the Services online are intended VAT excluded.
2.3 Failure to use the Services
The Services will be available only upon actual
receipt of payment.
Failure (total or partial) to use the Services of Arca24 by the customer /user
has no influence on the amount due to d Arca24, which remains fully due.
3. Rights and duties of Arca24
3.1 Services
Arca24 continuously improves the Services in order
to adapt them to the needs and requirements of users. Arca24 reserves the right
to modify or delete certain functions from the Services at any time and without
prior notice, however trying to inform users of all changes or deletions by
means of a communication on the Website.
The Services are provided “as is”, without any
guarantee of absence of defects.
The Website or parts of the Services provided, may
be temporarily unavailable for any reason, without for that reason Arca24
hereby assumes any responsibility.
Arca24 will do its best in order to prevent illegal
use of a Services, but cannot be excluded a priori that this happens. Any
liability of Arca24, for whatever reason, linked to uses of this kind is therefore
excluded as of now.
3.2 Liabilities
Arca24 assumes no liability for the accuracy,
content, integrity, legality, reliability, functionality or availability of the
information or material that can be viewed using the Services. In addition,
Arca24 is not in any way responsible for the deletion, failure to store,
failure or delay in the transmission of information and materials, except as
specifically set forth in the purchase order.
The Services are provided “as is” without other
form of guarantee. Users have the option to test the Services in demo mode.
Within the limits of the law, Arca24 does not recognize any other warranty,
expressed or implied. In addition, Arca24 makes no warranty with regards to the
accuracy of the data entered by third parties while using the Services.
Except as explicitly established in the Privacy
Policy, the user agrees to download and/or use the materials or data obtained
through the Services at his own risk and discretion and to assume all
liabilities for any damage to the system or for the resulting loss of data.
In no case Arca24 will be liable for the damage
caused by improper use of Service or arising from claims related to the same.
This limitation of liability applies in the case of direct, indirect,
incidental, consequential, special or other damages. The above limitation of
liability also applies in the case of damage resulting from the use, misuse or
reliance on Services, inability to use the Services or withdrawal of Services
(including any third party damages).
Without any limitation, Arca24 declines all liabilities for any delays or
performance problems directly or indirectly resulting from natural disasters
and agents or causes, without limitation, by failures due to the Internet,
computers or IT equipment, telecommunications or failures of other equipment,
electrical faults, strikes, labor disputes, riots, civil demonstrations, fire,
floods, storms, explosions, wars, non-performance by third parties, light or
air conditioning problems, pandemics, etc.
3.3 User’s behaviour
Arca24 is not obliged but is authorized to check
the information entered, transmitted or made available in the Services by the
users.
Arca24 is not responsible for the online or offline
behavior of users and hereby assumes no responsibility for users’ behaviors or
for the information/materials made available by users.
Arca24 reserves in any case the right, in its sole
discretion, to conduct investigations in relation to the use of Service and
take appropriate measures against all users who:
In such cases Arca24 expressly reserves the right
to remove promptly and without prior notice the information entered by the
user.
4. Rights and duties of users
4.1 Complete and current data
The users shall provide their data in a correct and
complete way. The user shall be at least the minimum age established by law for
the use of the Service. Furthermore, the user hereby agrees to promptly update
all the data for the use of the Service.
4.2 Users’ content
Arca24 allows users to enter information/material
in the Service in paper and/or video form.
Each user is personally and exclusively liable for the its news,
communications, texts, information and other contents disclosed within the
Service.
4.3 Saving copies
It is forbidden to save copies of the contents
collected through the Service. In any case, it is expressed excluded any
liability of Arca24 for any user’s action, which has not been authorized by
Arca24.
4.4 Rules of conduct
The user guarantees not to violate the Swiss laws
on the subject and in general all the applicable law (GDPR) and in particular
not to make available content of any kind that violates the rights of third
parties or contains illegal material. The user shall not use the
Service for any use except the one offered, and in
any case accepts not to use the Service for telemarketing or similar
activities, without the previous acceptance by the involved party.
4.5 Behaviour with other users
Users are personally and exclusively liable for
their behaviour towards other users.
Normally, Arca24 does not control the communication
between users; however, this takes place through the servers of Arca24, which
is therefore authorized to delete any user content in order to protect other
users or Arca24 itself. Arca24 does not have the duty to supervise what is
published by users in the use of the Service and therefore cannot be considered
liable in any way for any action by users / customers, even if it may damage
third parties’ rights.
4.6 Users’ general liability
Each user is personally liable for the use of the
Service and all his actions relating thereto, including its behaviour with other
users and hereby indemnifies Arca24 thereof.
5. Property Rights
The Website and the Services contain Arca24
technologies that are protected by IP rights, such as copyright. The user
acknowledges that, with the exception of the use granted with these General
Conditions, all the rights arising from the Website and its contents, made
available by Arca24, are and remain the property of Arca24.
6. Protection of personal data: referral
With regard to the collection, storage and use of
personal data, Arca24 complies with the applicable data protection regulations
and standards (Federal Data Protection Act DPA and GDPR).
The registration of the candidate and the company
is always voluntary, subject to acceptance of these general conditions.
Arca24 is the owner of its own services offered for
the sole purposes indicated in the specific information presented at the time
of registration.
For all services offered in outsourcer Arca24 acts
as data responsible to art. 28 GDPR.
Similarly, in the event that the user, when using
the services offered by Arca24, enters personal data of third parties, the user
himself/herself would become the owner of such personal data while Arca24 would
assume the role of the data responsible to and for the purposes of art. 28 GDPR.
7. Cancellations and changes
The business relationship between Arca24 and the
user can be terminated at any time by either party, at their own discretion,
with immediate effect. The Prices for the paid Services are in no case returned
to the user.
Arca24 reserves the right to temporarily interrupt,
remove or replace all the Services of the Website or some of them. Arca24
reserves both the right to declare that certain free Services will be paid for
in the future, and the right to change the paid Services or the
Prices of paid Services at any time.
8 . Applicable law / jurisdiction
The contractual relationship between Arca24 and the
customer/user is governed by the laws of Switzerland, which will prevail in the
event of a conflict law principles.
In the event of any dispute is exclusively
competent the Court of Lugano.
