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 agreeement 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 can not 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 Order of Acqui am .
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:
- violate the provisions related to prohibited behaviours and contents;
- actually or presumably violate applicable laws;
- use scandalous or illegal contents.
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 discoled 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 thircd 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
As regards to the personal data treatment, Arca24 complies with all the provisions and regulations in force regarding this matter (LPD and GDPR).
The registration of the candidate and the company is voluntary, subject to the acceptance of the General Conditions and the specific terms of each Service.
By selecting the Privacy Conditions, users authorize the processing of personal data for the purposes and in the manner described in the Privacy Policy
Arca24 is the Data Controller for its Services offered directly. If the user, while using the Services offered by Arca24, enters personal data of third parties, the user himself would become the owner of the processing of such personal data and Arca24 would assume the role of personal data controller pursuant to and for the purposes of Article 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.