General Terms and Conditions (“GTC”)
- Scope and amendments to the GTC
- Subject of the service
- Registration process & rights and obligations of the user and ABA - Work in Austria
- Responsibility for inserted and published contents
- Warranty of availability of the online job platform by ABA - Work in Austria
Vienna, 18 June 2020
1. Scope and amendments to the GTC
For the use of services for registered companies (“User”) offered in the protected area of the online job platform www.workinaustria.com on the websites of ABA – Work in Austria (“WiA”), the following General Terms and Conditions shall apply exclusively.
These services are free of charge and offered to companies in Austria by the Austrian Business Agency – Österreichische Industrieansiedlungs- und WirtschaftswerbungsgmbH.
WiA reserves to right to change these GTC, provided that the changes are within reason for the User and taking due account of WiA’s interests. This is particularly the case if the changes are without any economic disadvantages for the User, especially in case of changes in the registration process as well as changes to new services or functionalities or the introduction thereof.
2. Subject of the services
WiA operates the online job platform www.workinaustria.com, on which the User may advertise job openings free of charge and manage these entries as independently as technically possible.
The service comprises the technical opportunity for the User to enter job openings in the databases and make them available to skilled employees abroad using the job platform www.workinaustria.com.
The online job platform enables WiA to provide the User with the free service of an overview of current job offers for skilled employees from abroad. In order to make use of this service, a company needs to operate in Austria and primarily address applicants from abroad in its job offer.
3. Registration process, rights and obligations of the User and WiA
The User shall register at www.workinaustria.com/fuer-arbeitgeber/registrieren in order to make use of the services on the online job platform.
Registration shall only be allowed for legal entities as well as natural persons with full legal capacity. The natural person registering on behalf of a legal entity shall be authorised to conclude corresponding contracts. This natural person agrees that WiA discloses the person’s contact data to other natural persons within the registered company.
The User shall supply true and accurate information during registration. Within the scope of the registration, WiA may require the User to present documentation on the User’s business (in particular an excerpt of the commercial or trade register) as well as other information as deemed mandatory or expedient for contract conclusion.
WiA generally decides on the registration of the company according to the criteria described above. Nevertheless, WiA may reject the registration due to inaccurate or incomplete information from the user or a violation of moral principles (according to Section 879 Austrian Civil Code [ABGB]).
WiA examines the registration within two workdays and responds to the email address as indicated by the User. The confirmation by WiA in writing constitutes the conclusion of a contract between the user and WiA.
Each User (i.e., registered company) may create any number of users as part of the company’s area on the job platform. Each user of the registered company shall receive a separate password.
The User shall notify WiA of any changes of data without delay.
User shall not disclose the password to third parties, not even upon inquiry. WiA explicitly points out that WiA employees are not be authorised to ask the User for its password If the user forgets the password, the user may request – via the function “Forgot your password?” at https://www.workinaustria.com/en/for-employers/login – that a new password will be sent to the indicated email address.
The User shall be liable for damages incurred due to third parties having gained knowledge of the password in consequence of negligent or intentional conduct. If the User’s password is stolen or the User obtains knowledge that the password is unlawfully used, the User shall notify WiA immediately by sending an email to email@example.com via the contact area on the job platform.
By posting job offers on the online job platform, the User agrees that WiA advertises such job offers in target countries within the scope of WiA activities to promote Austria as a place to work among skilled employees from abroad.
WiA shall accept contents inserted by the User (especially job offers, company profiles) to be used on the online job platform at its own discretion.
WiA may reject the insertion of User contents or, respectively, remove inserted contents at any time especially if they are not in compliance with the requirements to job offers of WiA (e.g., incomplete job offers), violate moral principles (Section 879 Austrian Civil Code [ABGB]) or their publication is unlawful and unreasonable for other reasons. The same applies in case the contents inserted by a User are complained about by a third party or if WiA otherwise becomes aware of the unlawfulness of User content.
WiA shall be entitled to immediately block User access or disable the account of a User, if the User repeatedly violates the requirements of WiA to job offers or inserts unlawful content.
The User may cancel the company’s registration on the online job platform at any time. Such cancellation shall only require a message using the ABA - Work in Austria contact form or by sending an email to firstname.lastname@example.org.
WiA may require up to one week to delete a User account or block User access to the online job platform for technical or organisational reasons.
WiA may not change the contents of a User or correct any inserted job offers.
WiA may transmit inserted job offers to other departments of the Austrian Business Agency in the Austrian federal provinces that operate online job platforms themselves.
5. Responsibility for inserted and published contents
As the operator of the platform, WiA only provides the infrastructure for the online job platform free of charge.
The User shall be responsible for the accuracy, completeness and updating of contents inserted on www.workinaustria.com by the User. For this reason, the User shall be exclusively responsible for the legality and correctness of the contents.
WiA shall not be obliged to check inserted contents on their compliance to relevant legal provisions.
As the online job platform of WiA constitutes a free service, WiA excludes liability for any contents to the extent permitted by law. WiA in particular does not guarantee any specific ranking among search results on the online job platform. Neither does WiA guarantee the successful placement of an inserted job offer on the online job platform or any specific number of visitors accessing the contents on the online job platform. The User shall indemnify and hold WiA harmless from and against all damage and disadvantage arising from the contents of job offers on the online job platform, including the costs or any other expenses related to judicial or extrajudicial claims.
The User confirms to have obtained all the necessary rights of use from the holders of copyright, trademark rights, ancillary copyright, rights of personality and other rights to the documents inserted on the online job platform.
6. Warranty of availability of the online job platform by WiA
WiA shall ensure the availability of the job platform of over 90 per cent relative to the calendar year. Availability in this sense shall mean that contents can be inserted in the database and data can be retrieved from it.
Not included in such availability shall be times required for the maintenance of the system and interruptions for offline backups – each within a reasonable scope – as well as interruptions due to force majeure or other causes which could not be averted by WiA. If possible, WiA shall announce such times on the website in advance.