Terms of Use

As welcoming as possible for new and existing partners.

Terms of Use for Talents

Key Terms

  • Pickvogel is free of charge for every talent interested in a new job.
  • You are granted a personal Pickvogel contact who professionally supports you and is available for you at all times.
  • All we ask from you: Keep us updated on any changes in your application process via Pickvogel.

Pickvogel GmbH, Dorfstrasse 16, 6340 Baar, Switzerland, Commercial Register: Canton Zug, VAT-ID: CHE-376.882.156 MWST (hereinafter referred to as "Pickvogel" or "us" ) operates the website https://www.pickvogel.ch/ (online job marketplace platform) and recruitment services offered on this website and offline (hereinafter referred to as the "service" ). The service connects companies (hereinafter "company" or "companies") and candidates (hereinafter "talent" or "talents") with each other to match the right person with the right job. Talents/candidates are natural persons seeking new employment or freelance contracts through the service. Companies are natural persons or business entities searching for new employees or contractors through the service. Pickvogel has the right to offer its services to anyone, including potential competitors of the talent. Protection from competition is excluded. Pickvogel provides all services in connection with the service for talent based on these Terms of Use (hereinafter referred to as "Talent Terms of Service" or "Terms of Service").

  1. Scope

    1. Pickvogel rejects any other terms and conditions of the talent. General terms and conditions of talents become part of an agreement between the talent and Pickvogel, only if Pickvogel explicitly consents to such other terms and conditions in writing.
    2. This also applies if the scope of the talent's terms and conditions extend beyond the scope of these Terms of Service.
    3. Pickvogel may amend these Terms of Service after issuing a relevant notice. Such amended Terms of Service shall then apply exclusively to the future business relationship with the talent. Any such amendments will be considered as accepted by the talent, unless the talent objects in writing within six (6) weeks of announcement of the notice of amendment. Pickvogel commits to make the talent aware of this deadline when giving notice of amendment.
    4. Pickvogel can utilize the services of independent third parties for the service ("Third Party Service") i.e. app stores and social networks. Third party services are not provided by Pickvogel. Pickvogel is not responsible for third party services. Third party services are potentially subject to their providers' general terms and conditions. We recommend to read the privacy statements and terms and conditions of linked or referenced websites that you enter. We are not responsible and do not control what third parties do in connection with their websites, or how they handle personal data.

  2. Talent eligible to participate

    1. Pickvogel offers the service to talent looking for placement (hereinafter referred to as "Pick"), either for permanent positions or freelance work.
    2. With his/her account registration or participation in the service, talent represents that he/she is of legal age and of legal capacity.

  3. Talent Enrolment

    1. The talent creates an account on Pickvogel's website. The talent's account is activated as soon as they click on the confirmation link in the email sent to them by Pickvogel.
    2. The talent confirms that they have provided correct, truthful, complete and up-to-date information, disclosed their true identity, not used any aliases or other means to mask their true identity or contact information, and that they have only created one talent account for use of the website. The foregoing also applies when the talent has registered on the website via third party sites such as LinkedIn or Xing and has used the information stored on said sites. Pickvogel reserves the right to refuse access to the account and use of the site in the event of the talent having provided false, incorrect, outdated or incomplete information.
    3. After Pickvogel reviews the talent's application, Pickvogel will give notification of its acceptance or rejection to the service, generally within two (2) business days of receipt of the application.
    4. Pickvogel is under no obligation to accept applications.
    5. Pickvogel is entitled but not obliged to verify the accuracy of the talent's information. This may be done by requesting documents to prove the identity such as an ID card.
    6. Pickvogel is entitled to create an account, or aid the creation of an account, with the talent's approval.

  4. Application process

    Pickvogel provides the service to connect talent and companies. The service works as follows:
    1. As soon as a talent has created an account and it has been activated by Pickvogel, said talent can agree to invitations from companies to initiate the application process without any legal obligation ("invitation"). Every talent has the option of responding to more than one invitation. The talent can accept or reject the interview request. If rejected, the company may (upon choice of the talent) re-contact the talent with an additional approach.
    2. Any binding offers of employment the company wishes to make to a talent at the end of the application process may be communicated verbally, by post, fax or email. Whether or not the company and talent enter into a contract with each other is down to these parties alone. Pickvogel does not guarantee that contracts between a company and a talent will be concluded.
    3. If talent and company had been introduced in the past twelve (12) months before the introduction directly or by a third party and the company does not inform Pickvogel about this within five (5) business days in writing and substantive materials showing the introduction, the talent is considered to have been introduced by Pickvogel. A talent is considered to be already introduced directly or by a third party when there is a written communication concerning the talent, with a clear identification of the talent and the company and with a clear identification of the opportunity to hire the talent.
    4. The application process is deemed complete when company and talent enter into a contract with each other, or the company or Pickvogel declare the application process to be complete on the website.

  5. Commission

    Talent may use Pickvogel's service free of charge.

  6. Obligations of talent

    1. Talent undertakes to inform Pickvogel as soon as possible, but no later than seven (7) business days, if he/she was hired / contracted by a company ( "Pick" ). Pickvogel may contact talent to request status updates about ongoing negotiations.
    2. The talent shall inform Pickvogel within five (5) business days if a company gets in contact with the talent outside of the provided service while its profile is visible to companies on the platform.
    3. Pickvogel will usually reach out to talent via email and telephone, but may also choose other appropriate means of communication.
    4. In case Pickvogel has reason to believe that an unauthorized third party is in possession of personal access data, Pickvogel may change the access data without prior notice or block the respective account. Following, Pickvogel will expeditiously inform the talent and communicate the new access data to the talent without undue delay. The talent cannot claim to have its initial personal access data restored.
    5. In case a third party makes use of the talent's access data with the talent at fault, the talent is liable for all such actions and damages. In such an event, all access through the talent's access data shall be considered as an access by the talent.

  7. Placement ("Pick")

    1. The talent commits to disclose the key terms of a mutual contract with the company to Pickvogel (salary/day rate/compensation, date of conclusion of contract etc.) in the event of a successful employment via Pickvogel.
    2. The talent agrees that companies are allowed to share all contract details with Pickvogel.
    3. Talent undertakes to inform Pickvogel within five (5) business days about any rehiring or similar by the company for a period of twelve months after termination.

  8. Referral bonus

    We installed the "Refer a Friend Program" to further maximize the amount of talents and companies finding each other. How it works: Talent can refer a friend who is interested in interviews with companies at any time. If a friend signs up through Pickvogel and is successfully referred to a company in a fixed employment (not contract work or internship position), the referring talent is entitled to a referral bonus in the amount of CHF 555. The recommendation must be made in writing or via the recommendation form on the website. A referral lasts 12 months during which no other talent can refer the same friend. The referral bonus is due once per person.

  9. Limits of Use / Prohibited Conduct

    1. Pickvogel makes its service available only for use in accordance with these Terms of Service. Automated login is prohibited. Only official clients and apps / websites provided by Pickvogel may be used to connect to the service.
    2. The talent will refrain from anything that could endanger the performance and availability of the service.
    3. Transfer of accounts to third parties without prior written consent of Pickvogel is prohibited.
    4. The talent will not violate any legal provisions. The talent assures not to contribute or transmit any illegal / immoral contents to the service. This includes specifically any contents (including member names, etc.),
      1. which are insulting, racist, sexist, pornographic or obscene;
      2. which are false or misleading
      3. which can damage the reputation of Pickvogel;
      4. fitting to violate copyrights, brands, patents or any other intellectual property rights, or other personal or third party rights.
    5. Pickvogel is entitled to stop violations in accordance with these "Limits of Use / Prohibited Conduct". Pickvogel is entitled to delete breaching contents of the talent. There is no entitlement to the recovery of breaching deleted content.
    6. Any blocked talent is prohibited from creating a new account.

  10. Limitation of Liability / Availability

    1. Pickvogel's liability is limited to its essential contractual obligations.
    2. Except in case of gross negligence or intent in respect of non-compliance with any of its other duties, breach of contract, tort or culpa in contrahendo, any liability of Pickvogel shall be disclaimed.
    3. In the event of negligence, Pickvogel's liability is limited to compensation amounts as were foreseeable and contract-specific at the time of conclusion of the contract. This also applies in the case of non-compliance with essential contractual obligations.
    4. This provision also applies to the personal liability of Pickvogel's legal representatives, employees, staff or vicarious agents.
    5. No limitations of liability shall apply in the event of injury to life, limb or health.

  11. Quality of the service / Technical Deficiencies

    1. Being on a mission to provide talent with the highest quality experience, it is in the nature of the service that it is continuously updated and advanced. By updating and advancing the service, Pickvogel intends to provide talents a useful service and pleasant talent experience. Therefore, Pickvogel grants the talent access to the service in its available form or version.
    2. The talent has no claim for maintaining or reconstruction of specific conditions of the service. Any of the talent's claims for deficiency, which refer to the technical usability of the service itself, shall remain unaffected thereby. Pickvogel reserves itself the right to update features, offer new features and/or to remove them from the service. The talent consents these continuous changes of the service.
    3. Errors that occur through external influences i.e. operating errors by the talent, force majeure or any modifications not carried out by Pickvogel, or any other manipulations, are excluded from warranty.
    4. Pickvogel does not assume any guarantees in a legal meaning as long as not expressly provided for in these Terms of Service.

  12. Availability

    Pickvogel commits to a yearly average availability of the service of 99% (ninety nine percent). Periods during which the service is not available because of technical or other problems outside Pickvogel's control and periods during which routine maintenance works are carried out, are excluded from this. If pressing inquiries should come up during unavailability of our service, our contact mail (contact@pickvogel.ch) or telephone line (+41417674676) are a reliable help.

    Pickvogel may restrict access to the service if required for maintenance of network integrity, network security, and the prevention of severe malfunction of the network, the stored data or the software. Rights in case of intent or gross negligence remain unaffected.

  13. Confidentiality

    1. The talent commits to treat all information relating to Pickvogel as confidential that has come to his/her attention either during the course of the application process or whilst cooperating with Pickvogel. This information includes business information, information about companies Pickvogel works with. This information shall be utilized neither directly nor indirectly by talent for any purpose other than talent's participation in Pickvogel's service. The talent is aware that any breach of this obligation of confidentiality may result in civil or criminal proceedings.
    2. After and during the application process, neither party will use or disclose to any third party, any information of the other party, unless this has been granted by the respective party.
    3. The foregoing restriction does not apply to information that has been developed independently by the receiving party without access to the other party's information. Neither does it apply if it has been rightfully received from a third party authorized to make such disclosure or has become publicly known through no breach of the "Confidentiality" section by the receiving party. Also, it does not apply to information that is required to be disclosed by a competent legal or governmental authority.

  14. Termination

    1. Validity of the cooperation between Pickvogel and the talent shall commence on the date of Pickvogel's approval of the talent's application and shall continue thereafter until terminated as stated herein.
    2. The parties remain free to terminate cooperation at any time.
    3. Section "Placement ("Pick")" shall survive any termination of cooperation. Section "Confidentiality" for five (5) years.
    4. Every termination must be in written form, whereby the written form is maintained by email. Any standard termination notice does not require specification of the termination reasons.

  15. Changes to the Terms of Service

    1. Every login to the service is subject to these Terms of Service.
    2. Pickvogel may make changes and/or amendments to these Terms of Service at any given time, if this should prove necessary and provided the talent is not disadvantaged contrary to good faith.
    3. The talent will be notified in appropriate form of changes to the Terms of Service.
    4. The talent may dispute changes to the Terms of Service within a time period of six weeks following receipt of the notification of the changes and the possibility of taking notice thereof.

  16. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of Switzerland. If Talent is an EU resident, he shall not be deprived of the protection offered by the binding consumer protection law of his county of residence. In the event, the talent takes legal action, suit must be filed before a Swiss court.

  17. General Provisions

    1. The Terms of Service contain the entire cooperation between Pickvogel and the talent with respect to the subject matter hereof.
    2. By submitting an application to join the service, the talent affirms and acknowledges that he/she has read these Terms of Service in their entirety and agrees to be bound by all of its terms and conditions. If the talent does not wish to be bound by these Terms of Service, he/she should not submit an application to join the service.

Terms of Use for Companies

KEY TERMS

  • Pickvogel is the most cost-effective solution the recruitment market offers.
  • If the contract is terminated within the first 3 months, the company is entitled to receive up to 60% of the paid commission.
  • Pickvogel's services are free up until successful recruitment of a talent, and therefore entirely success-oriented.

General Terms and Conditions regarding the recruitment of talent will be sent to the client upon every presentation of a talent. These Terms of Use contain additional obligations regarding the service and use of website.

Pickvogel GmbH, Dorfstrasse 16, 6340 Baar, Switzerland, Commercial Register: Canton Zug, VAT-ID: CHE-376.882.156 MWST (hereinafter referred to as "Pickvogel" or "us" ) operates the website https://www.pickvogel.ch/ (online job marketplace platform) and recruitment services offered on this website and offline (hereinafter referred to as the "service" ). The service connects companies (hereinafter "client" or "clients") and candidates (hereinafter "talent" or "talents") with each other to match the right person with the right job. Clients are natural persons or business entities searching for new employees or contractors through the service. Talents/candidates are natural persons seeking new employment or freelance contracts through the service. Pickvogel has the right to offer its services to anyone, including potential competitors of the client. Protection from competition is excluded. Pickvogel provides all services in connection with the service for client based on these Terms of Use (hereinafter referred to as "Client Terms of Service" or "Terms of Service").

  1. Scope

    1. Pickvogel rejects any other terms and conditions of the client. General terms and conditions of clients become part of an agreement between the client and Pickvogel, only if Pickvogel explicitly consents to such other terms and conditions in writing.
    2. This also applies if the scope of the client's terms and conditions extend beyond the scope of these Terms of Service.
    3. Pickvogel may amend these Terms of Service after issuing a relevant notice. Such amended Terms of Service shall then apply exclusively to the future business relationship with the client. Any such amendments will be considered as accepted by the client, unless the talent objects in writing within six (6) weeks of announcement of the notice of amendment. Pickvogel commits to make the client aware of this deadline when giving notice of amendment.
    4. Pickvogel can utilize the services of independent third parties for the service ("Third Party Service") i.e. app stores and social networks. Third party services are not provided by Pickvogel. Pickvogel is not responsible for third party services. Third party services are potentially subject to their providers' general terms and conditions. We recommend reading the privacy statements and terms and conditions of linked or referenced websites that you enter. We are not responsible and do not control what third parties do in connection with their websites, or how they handle personal data.

  2. Client Sign Up

    1. The client creates an account on Pickvogel's website. The client's account is activated as soon as they click on the confirmation link in the email sent to them by Pickvogel.
    2. The client confirms that they have provided correct, truthful, complete and up-to-date information, disclosed their true identity, not used any aliases or other means to mask their true identity or contact information, and that they have only created one client account for use of the website. Pickvogel reserves the right to refuse access to the account and use of the site in the event of the client having provided false, incorrect, outdated or incomplete information.
    3. After Pickvogel reviews the client's application, Pickvogel will give notification of its acceptance or rejection to the service, generally within two (2) business days of receipt of the application.
    4. Pickvogel is under no obligation to accept applications.
    5. Pickvogel is entitled but not obliged to verify the accuracy of the talent's information.
    6. Pickvogel is entitled to create an account, or aid the creation of an account, with the client's approval.

  3. Application process

    1. Pickvogel provides the service to connect talent and companies. The service works as follows:
    2. As soon as a client has created an account and it has been activated by Pickvogel, said client can now enter a company vacancy along with further specifications regarding the skills of desired talent.
    3. Pickvogel's algorithm will then connect the company's specification with suitable talents from its database and manually check the fit of said talent. The client will then receive a talent dossier (or several) and be able to invite the talent. The client has then initiated the application process without any legal obligation ("invitation").
    4. Any binding offers of employment the client wishes to make to a talent at the end of the application process may be communicated verbally, by post, fax or email. Whether or not the client and talent enter into a contract with each other is down to these parties alone. Pickvogel does not guarantee that contracts between a client and a talent will be concluded.
    5. The application process is deemed complete when client and talent enter into a contract with each other, or the client or Pickvogel declare the application process to be complete on the website.

  4. Commission / Successful recruitment of permanent staff (hereinafter referred to as "Pick")

    1. Upon conclusion of the contract between the client and the talent (hereinafter referred to as "Pick"), the client is then liable for commission payments as specified in the Terms and Conditions sent with every presentation of talent CV.
    2. A Pick by Pickvogel shall also be deemed to have been successfully completed, and the client shall owe Pickvogel the agreed Pick commission, if the talent presented by Pickvogel is not accepted by the client or rejects the job / employment offer made by the client and if he/she is later hired by the client or works for the client within a period of 12 months from the date of the first interview. It is also a successful Pick if the recruitment is for a different position than the one originally intended (regardless of the reasons that led to the conclusion of the contract), in particular if the candidate applied to the client, was approached by the same client or third parties also presented the talent to the client.
    3. In the event that the contract of employment between the client and the talent is terminated by the candidate within the first three (3) months and Pickvogel fails to find a replacement for the contracted position within a reasonable period of time, or if the client forgoes this search, the following refund of the Pick commission is guaranteed: 100% of the fee in case of failure to start the job, 60% of the fee in case of resignation by the candidate in the first month of the contract, 40% in the second month and 20% in the third month. There is no refund in case of termination by the client.

  5. Obligations of client

    1. The client undertakes to inform Pickvogel as soon as possible, but no later than seven (7) business days, if the client has hired / contracted a talent ("Pick") as a result of Pickvogel's services and/or website.
    2. The client shall inform Pickvogel within five (5) business days if the client decides to contact the talent outside of the provided service, after being introduced to the talent via Pickvogel.
    3. In case Pickvogel has reason to believe that an unauthorized third party is in possession of personal access data, Pickvogel may change the access data without prior notice or block the respective account. Following, Pickvogel will expeditiously inform the client and communicate the new access data to the client without undue delay. The client cannot claim to have its initial personal access data restored.
    4. In case a third party makes use of the client's access data with the client at fault, the client is liable for all such actions and damages. In such an event, all access through the client's access data shall be considered as an access by the client.
    5. Pickvogel relies on the information provided by the talent. The client must make sure for itself that the talent is suitable for the intended job and fits the client's requirements.

  6. Limits of Use / Prohibited Conduct

    1. Pickvogel makes its service available only for use in accordance with these Terms of Service. Automated login is prohibited. Only official clients and apps / websites provided by Pickvogel may be used to connect to the service.
    2. The client will refrain from anything that could endanger the performance and availability of the service.
    3. Transfer of accounts to third parties without prior written consent of Pickvogel is prohibited.
    4. The client will not violate any legal provisions. The client assures not to contribute or transmit any illegal / immoral contents to the service. This includes specifically any contents (including member names, etc.),
      1. which are insulting, racist, sexist, pornographic or obscene;
      2. which are false or misleading
      3. which can damage the reputation of Pickvogel;
      4. fitting to violate copyrights, brands, patents or any other intellectual property rights, or other personal or third party rights.
    5. Pickvogel is entitled to stop violations in accordance with these "Limits of Use / Prohibited Conduct". Pickvogel is entitled to delete breaching contents of the client. There is no entitlement to the recovery of breaching deleted content.
    6. Any blocked client is prohibited from creating a new account.

  7. Limitation of Liability / Availability

    1. Pickvogel's liability is limited to its essential contractual obligations.
    2. Except in case of gross negligence or intent in respect of non-compliance with any of its other duties, breach of contract, tort or culpa in contrahendo, any liability of Pickvogel shall be disclaimed.
    3. In the event of negligence, Pickvogel's liability is limited to compensation amounts as were foreseeable and contract-specific at the time of conclusion of the contract. This also applies in the case of non-compliance with essential contractual obligations.
    4. This provision also applies to the personal liability of Pickvogel's legal representatives, employees, staff or vicarious agents.
    5. No limitations of liability shall apply in the event of injury to life, limb or health.

  8. Quality of the service / Technical Deficiencies

    1. Being on a mission to provide client with the highest quality experience, it is in the nature of the service that it is continuously updated and advanced. By updating and advancing the service, Pickvogel intends to provide clients a useful service and pleasant client experience. Therefore, Pickvogel grants the client access to the service in its available form or version.
    2. The client has no claim for maintaining or reconstruction of specific conditions of the service. Any of the client's claims for deficiency, which refer to the technical usability of the service itself, shall remain unaffected thereby. Pickvogel reserves itself the right to update features, offer new features and/or to remove them from the service. The client consents these continuous changes of the service.
    3. Errors that occur through external influences i.e. operating errors by the client, force majeure or any modifications not carried out by Pickvogel, or any other manipulations, are excluded from warranty.
    4. Pickvogel does not assume any guarantees in a legal meaning as long as not expressly provided for in these Terms of Service.

  9. Availability

    1. Pickvogel commits to a yearly average availability of the service of 99% (ninety nine percent). Periods during which the service is not available because of technical or other problems outside Pickvogel's control and periods during which routine maintenance works are carried out, are excluded from this. If pressing inquiries should come up during unavailability of our service, our contact mail (contact@pickvogel.ch) or telephone line (+41417674676) are a reliable help.
    2. Pickvogel may restrict access to the service if required for maintenance of network integrity, network security, and the prevention of severe malfunction of the network, the stored data or the software. Rights in case of intent or gross negligence remain unaffected.

  10. Confidentiality

    1. The client commits to treat all information relating to Pickvogel as confidential that has come to its attention either during the course of the application process or whilst cooperating with Pickvogel. This information includes business information, information about companies Pickvogel works with. This information shall be utilized neither directly nor indirectly by client for any purpose other than client's participation in Pickvogel's service ("Confidential Information"). The client is aware that any breach of this obligation of confidentiality may result in civil or criminal proceedings.
    2. After and during the application process, neither party will use or disclose to any third party, any information of the other party, unless this has been granted by the respective party.
    3. The foregoing restriction does not apply to information that has been developed independently by the receiving party without access to the other party's information. Neither does it apply if it has been rightfully received from a third party authorized to make such disclosure or has become publicly known through no breach of the "Confidentiality" section by the receiving party. Also, it does not apply to information that is required to be disclosed by a competent legal or governmental authority.

  11. Termination

    1. Validity of the cooperation between Pickvogel and the client shall commence on the date of Pickvogel's approval of the client's application/cooperation and shall continue thereafter until terminated as stated herein.
    2. The parties remain free to terminate the cooperation at any time.
    3. Section "Commission / Successful recruitment of permanent staff (hereinafter referred to as "Pick")" shall survive any termination of cooperation. Section "Confidentiality" for five (5) years.
    4. Every termination must be in written form, whereby the written form is maintained by email. Any standard termination notice does not require specification of the termination reasons.
    5. By deleting their account the client constitutes their termination of cooperation.

  12. Changes to the Terms of Service

    1. Every login to the service is subject to these Terms of Service.
    2. Pickvogel may make changes and/or amendments to these Terms of Service at any given time, if this should prove necessary and provided the client is not disadvantaged contrary to good faith.
    3. The client will be notified in appropriate form of changes to the Terms of Service.
    4. The client may dispute changes to the Terms of Service within a time period of six weeks following receipt of the notification of the changes and the possibility of taking notice thereof.

  13. Governing Law

    The contractual relationship between Pickvogel and the client shall be governed exclusively by Swiss law. The ordinary courts of the Canton of Zug shall have exclusive jurisdiction for all disputes. In addition, Pickvogel may appeal to the competent court at the client's place of residence or business.

  14. General Provisions

    1. General Terms and Conditions regarding the recruitment of talent will be sent to the client upon every presentation of a talent. These Terms of Service contain additional obligations regarding the service and use of website. Terms and Conditions of the client are invalid unless Pickvogel has accepted them in writing.
    2. By submitting an application to join the service, the client affirms and acknowledges that it has read these Terms of Service in their entirety and agrees to be bound by all of its terms and conditions. If the client does not wish to be bound by these Terms of Service, it should not submit an application to join the service.