between:

the jobtourist.net Association, Alpeneggstrasse 9, 3012 Bern (hereinafter referred to as “jobtourist.net”)

and

Jobcoach (the provider of Jobtours on the Jobtourist websites)

Preliminary Remarks

A. This contract is part of the terms of use of jobtourist.net, which contain the basic regulations and serve as a standard contract.

B. This agreement, together with the terms of use, regulates the relationship between jobtourist.net and the Jobcoach.

I. Subject matter of contract

1. jobtourist.net enables the Jobcoach to publish his profile for free and offer Jobtours on the Jobtourist websites.
2. The Jobcoach registers once on a Jobtourist website and offers a Jobtour to Jobtourist.
3. After selling a Jobtour, the Jobcoach is obliged to pay jobtourist.net the stipulated commission fee.

II. Responsabilities of the Jobcoach

1. General Responsabilities
   1. The Jobcoach must always be fair and act in good conscience in his dealings with jobtourist.net.
   2. The Jobcoach is obliged to provide the Jobtourist all the services which are offered and described in the Jobcoach’s profile.
2. Profile Data
   1. The data requested of the Jobcoach when signing up on the Jobtourist websites must be complete and correct. In his profile and in his communications with other users, the Jobcoach is required to give only truthful, lawful information which is not misleading in any way. The Jobcoach must not use pseudonyms or pen names.
   2. After signing up, if there are any changes in the Jobcoach’s data, he is obliged to make the corresponding changes in his Jobcoach profile and/or user account.
3. Insurance coverage
   The Jobcoach is obliged to verify on his own and immediately that he has the proper insurance coverage for being a Jobcoach.
   
   
4. Selling a Jobtour
   1. The Jobcoach is obliged to report any sale of a Jobtour within 5 days of completing the Jobtour, via his user account on jobtourist.net, and afterwards to pay the corresponding commission fee according to section V.
   2. jobtourist.net reserves the right to randomly check the contact requests sent from Jobtourists to Jobcoaches, and to immediately delete the profile of a Jobcoach if he has failed to report a completed Jobtour on time.

III. Brokering Jobtour

jobtourist.net only provides a platform for brokering Jobtours, but does not guarantee in any way the successful brokerage of Jobtours.

IV. Liabilities

1. The Jobcoach is responsible for his own data and liable for its lawfulness.
   
   
2. The Jobcoach hereby releases jobtourist.net from any claims or demands including claims for damages. This includes claims against jobtourist.net by the Jobcoach himself, by other users or by any other third party involved who claim that Jobcoach generated content on the Jobtourist websites has somehow violated their rights. All further rights and claims of damages by jobtourist.net are hereby reserved.

V. Commissions and Payment

1. Commission
   1. Upon completing the sale of a Jobtour, the Jobcoach must pay jobtourist.net the stipulated commission fee.
   2. The booking price of one or more Jobtours is defined by the Jobcoach.
   3. Upon reporting the completed Jobtour, jobtourist.net charges the Jobcoach a commission of 12% of the total booking price (a minimum of €25/$30/£20) paid by the Jobtourist.
   4. If the Jobcoach defines a booking price of zero, jobtourist.net will waive its commission fee.
2. Payment
   1. Payment is accepted by credit card or electronic bill, according to the Jobcoach’s preference.
   2. The bill of the commission fee must be paid within 10 days, after the Jobcoach has reported the completed Jobtour via his user account.
   3. If a Jobtour commission fee can not be collected, the Jobcoach must incur the resulting costs of collection, to the extent of which he has caused the resulting additional costs of collection. If the commission fee can not be collected, jobtourist.net reserves the right to delete the Jobcoach’s profile.

Final Provisions

1. In Reference to this Agreement
   If any issues are not regulated by this agreement, the Terms of Use shall apply.
   
   
2. Scope
   This agreement is valid even if the use of, the registration or the access to the Jobtourist website takes place outside of Switzerland.
   
   
3. Changes/Amendments/Written Form
   1. Changes and/or amendments to this agreement can be made at any time, exclusively by jobtourist.net.
   2. Changes and/or amendments to this agreement do not require written form and can be communicated via email.
   3. jobtourist.net will notify Jobcoaches via email of any changes and/or amendments that effect pricing or have a negative material impact on the Jobcoach. If the Jobcoach does not object to the revisions within 10 days after receipt of said notice, the revisions shall be deemed to be accepted by the Jobcoach. In the case of all other changes or amendments to the agreement, the most current and valid version of the agreement is published on the Jobtourist websites.
4. Legal Validity of this Agreement
   1. This agreement becomes legally valid when both parties consent to it.
   2. The Jobcoach indicates his consent by checking the appropriate box at the end of the sign up process, when publishing his profile.
5. Duration of the Agreement
   In accordance with section 4 of the final provisions, this agreement is valid from the moment of consent until the Jobcoach profile is deleted by the Jobcoach himself or by jobtourist.net.
6. Applicable Law and Venue
   This contract is subject to Swiss substantive law. All disputes in connection to this contract are under the jurisdiction of the courts in Bern, Switzerland.
7. In case of dispute over the content of this agreement, the German language version of this agreement takes precedence.

Last updated: December 12, 2010

jobtourist.net Association
Alpeneggstrasse 9
3012 Bern
Switzerland

© jobtourist.net Association