Terms and Policies

Terms and Conditions – Advertisers

1. Scope

1.1
Job Shortlisted PTY Ltd (hereinafter referred to as “Job Shortlisted “) and the undersigned business partner (hereinafter referred to as “customer”) agree to fulfil the performance of their contract pursuant to these terms and conditions and the price list. Job Shortlisted terms and conditions, together with the additional terms and the price list contain the whole agreement between Job Shortlisted and the customer. Any terms and conditions of the customer do not apply, unless Job Shortlisted explicitly consents to them in writing.

1.2
The version of Job Shortlisted terms and conditions in force at the time of the last concluded contract with the customer, shall apply to the relationship between Job Shortlisted and the customer. These terms and conditions only apply to business customers and not to consumers.

2. Conclusion of Contract

The contract is concluded when Job Shortlisted receives the signed acceptance of the contract offer, which shall contain the date, company stamp or signature of the customer. Amendments and additions to the contract as well as statements and individual instructions must be made in writing. Conditioning out the written form requirement also requires written form. If Job Shortlisted receives the acceptance of the contract offer after the end of a deadline for the offer, this shall be deemed a new offer made by the customer. The contract is then concluded by acceptance by PNet which will either be made explicitly in text form or implicitly by provision of the services.

3. Description of services

3.1
The contract obliges Job Shortlisted to provision the products and perform the services agreed upon in the contract, displayed at www.Job Shortlisted.com (“service elements”) in accordance with these terms and conditions. The publishing period in relation to access to application service provider products shall be at least 20 hrs per day. The description of services in our additional terms and conditions applies in addition.

3.2
The contract entitles Job Shortlisted to use customer data for trend analysis and surveys, however, results shall be published anonymously.

3.3
Non-competition clauses are not accepted.

4. Remuneration

4.1
Payment for the services performed by Job Shortlisted is set out in the price list given to the customer. The price list published in the Dated Proposal at the time the offer was made to customer shall prevail. Services that are not included in the Job Shortlisted price list are subject to individual agreements between Job Shortlisted and the customer.

5. Conditions of Payment

5.1
Payment referred to in section 4, includes all additional costs such as e-mails, telephone calls, fax, data transmission, copies and postage which are usually incurred. The cost of corrections and proof-reading that have occurred as a result of the customer supplying incorrect data are not included. Job Shortlisted will inform the customer if the additional costs exceed the average amount in relation to individual orders. The customer is obliged to pay Job Shortlisted for these additional costs if he has consented to them.

 

5.2
If a service element contains an error, the first correction of the incorrect service element is free of charge provided that the error was not caused by the customer’s faulty performance. Thereafter every additional correction shall be charged for according to Job Shortlisted price list valid at the time when the order for correction was made. However, if Job Shortlisted makes a mistake in the first correction, the first additional correction shall be free of charge

5.3
The customer will be invoiced immediately upon conclusion of contract unless otherwise expressly agreed in writing. Job Shortlisted reserves the right to demand advance payment. Payment is due as per “Payment Terms” stated in the accepted proposal, without deductions.

When a default in payment or a deferment of payment has occurred interest will be charged at the rate of 9% above the REPO Rate of the Reserve Bank of South Africa and collection costs will also be charged. In the event of a default in payment, Job Shortlisted can suspend further performance of the contract until the payment has been made in full. This shall not apply if the customer is entitled to assert a right of retention. If the parties agreed on payment by instalments, and an instalment is not paid 30 days after the due date, the whole of the remaining amount shall become payable immediately.

5.4
All prices exclude any VAT legally payable on the date of the invoice.

5.5
If payment is made from abroad, payment by bank transfer from abroad will only be accepted if all bank fees and expenses are paid by the customer.

5.6
Any payments made by the customer will be credited against the oldest outstanding invoice. Job Shortlisted may refuse to fulfil its services until customer has made all outstanding payments.

5.7
We reserve the right to send all invoices and correspondence in relation to invoices such as but not limited to dunning letters only as an attachment in an email. On that account, the customer undertakes to provide Job Shortlisted with a valid email address and to promptly inform Job Shortlisted of any changes in email address.

6. The Basis of Cooperation

6.1
As far as Job Shortlisted has obtained the customer’s email address in connection with an order, Job Shortlisted may, also after the end of the contract, send information, questionnaires and other commercial communication concerning similar services provided by Job Shortlisted via email. The customer may opt out at any time with effect for the future without any form requirements and free of charge. Job Shortlisted will inform about the right to opt out in every email.

6.2
The customer undertakes to provide all information and other documentation required for achieving the objectives set out in the contract. This includes, in particular, the delivery of advertisement texts and layouts in a digital form. This also includes the customer’s obligation to immediately inform Job Shortlisted if one of the service elements becomes outdated. Furthermore, the customer is obliged to fulfil the requirement to co-operate as described in the corresponding additional terms and conditions or, when available, as described in the product descriptions for the various service elements. If these requirements are not fulfilled in time, Job Shortlisted period of performance shall be prolonged accordingly.

6.3
The customer shall ensure that he receives emails from Job Shortlisted unobstructed and will set Job Shortlisted as “trusted server”. This shall avoid that online applications, which are sent through Job Shortlisted online application form, are filtered by client’s spam filters. The same applies to correspondence under this agreement.

6.4
Job Shortlisted reserves the right to not execute orders placed by the customer or to withdraw service elements that have already been published if they breach legal provisions, official regulations, the rights of third parties or good morals or the terms and conditions of Job Shortlisted (“illegal content”). This also applies if links included in the customer’s service elements lead directly or indirectly to pages containing illegal content. The customer’s payment obligation remains unaffected. Job Shortlisted shall only be obliged to remove illegal content that breaches legal provisions and/or at the request of the customer. The customer undertakes to indemnify Job Shortlisted and hold Job Shortlisted harmless against all payments and legal costs incurred due to illegal content or breach of law on first demand.

6.5
In particular this includes following content:

• If a self-employed or freelance job is posted, it must be made explicitly that the job is self-employed or freelance.
• If the candidate has to make payments or investments (including training and/or travel fees), this must be made explicitly clear in the service element. The same applies where a commission is paid for the attraction of new members to a closed system.
• Service elements must refer to a specific vacant position or job.
• Ads for club memberships and Ponzi schemes, pyramid sales or similar are not allowed. Websites that are linked to, must comply with legal requirements, and must in particular have a section that contains the legal information needed in accordance with South African statutory and case law.
• Service elements must not violate anti-discrimination law.
• Even if the aforesaid requirements are met no content must be published besides the content related to the position or job that is irrelevant to the job search, such as e.g. competitions, events without career relevance, mere sales campaigns etc.

If these requirements are not fulfilled the content shall be deemed Illegal Content as per clause 6.6.

6.6
Job Shortlisted bears no responsibility for received data, texts for advertisements or the corresponding storage media, and in particular is not obliged to preserve or return these items to the customer.

6.7
Job Shortlisted is entitled to use vicarious agents.

6.8
The customer is responsible for configuring and arranging his infrastructure in accordance with the prevailing state of the art so that it becomes neither a target nor a source of disruptions which could affect the Internet service supplied by Job Shortlisted or trouble and fault free network operation in general.

6.9
The customer guarantees that all of his content or parts thereof published by him on the Internet or given to Job Shortlisted for publication are not encumbered by third party rights. The customer shall indemnify Job Shortlisted and hold Job Shortlisted harmless against any damage Job Shortlisted suffers from an infringement of this provision by the customer on first demand.

6.10
For job service elements that are published or used at websites that are not operated by Job Shortlisted PTY limited additional requirements and restrictions may apply. Please be informed that in other countries certain additional requirements and restrictions may apply. These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by Job Shortlisted PTY Limited are provided upon request.

7. Intellectual Property Rights

7.1
This contract does not transfer any (intellectual) property right, license or right of use from Job Shortlisted to the customer. All of Job Shortlisted rights (including but not limited to copyright, trademark rights, sui generis database rights, logos, titles as well as any other commercial rights) remain Job Shortlisted (intellectual) property without restriction.

7.2
All material and content published by Job Shortlisted is subject to Job Shortlisted intellectual property rights (copyright, trademark rights and sui generis database rights), except for the individual elements of such material and content designed by the customer or a third party that are already subject to a customer’s or third party’s intellectual property rights and that have not been modified/revised by Job Shortlisted.

7.3
By placing the order for publishing job listings on the Internet, obtains the sole database right to the customer’s job listings published in the database by Job Shortlisted.

7.4
The customer is responsible for ensuring that the content to be published complies with press law, competition law and other applicable provisions.

7.5
By placing the order, the customer warrants and guarantees that he has obtained all necessary exploitation rights, copyrights and ancillary copyrights that are required for the publication of his data and content on the Internet.

8. Warranty, Mal performance

8.1
Job Shortlisted warrants that it will fulfil the services ordered by the customer to be rendered by Job Shortlisted on the Internet in a manner that complies with usual technical standards.

8.2
Warranty claims shall neither exist in case of immaterial deviations from the agreed quality nor in case of immaterial impairment of the usability. The customer shall notify possible defects in writing immediately and at the latest 7 days after the service elements have been put on the Internet. If Job Shortlisted is liable for a defect of a service element, Job Shortlisted shall initially correct the defect by displaying the service elements for a longer period. Only if this measure fails, the customer is entitled to claim a price reduction for that specific element. Upon Job Shortlisted request the customer must inform Job Shortlisted within a reasonable period if he insists on the delivery of the services or if and what other rights he claims because of the delayed services.

8.3
All liability claims shall become time barred after one year of the date on which the customer was aware or should have been aware without gross negligence of the client giving rise to such claim.

9. Liability

9.1
Job Shortlisted shall be liable for damages – irrespectively of their legal basis – in case of gross negligence and intent as well as for damages because of death, injuries of the body or health, if Job Shortlisted has fraudulently concealed a defect or guaranteed its absence as well as for claims under product liability law. In other cases Job Shortlisted shall only be liable for damages resulting from the violation of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, in this case the liability is limited to usual damages foreseeable under the contract.

9.2
In case of a violation of Job Shortlisted obligations that is not a defect; the customer may only withdraw from or terminate the agreement if PNet is responsible.

9.3
If a claim is raised against the customer by a third party because of an alleged infringement of patents, copyrights, trademarks or business secrets because of a service provided by Job Shortlisted (“IPR-infringement”), Job Shortlisted shall indemnify the customer from all costs (including reasonable costs for legal defence) and claims that occur to the customer due to final decisions of a competent court or any settlement agreement entered into by Job Shortlisted, provided that (i) the IPR-infringement has not been caused by the customer, e.g. in case of publication of illegal content as per clause 6.6, (ii) Job Shortlisted remains the full control in defending any claims because of an IPR-infringement and (iii) the customer provides reasonable support and all information to enable Job Shortlisted to fulfil its obligations hereunder. The indemnification in this clause shall not apply for any measures or declarations that have been made without Job Shortlisted prior approval and shall not apply if the customer continues an IPR-Infringement after he has been informed of changes or modifications that would have avoided an infringement. If an IPR-Infringement is determined by a competent court or if Job Shortlisted considers an IPR-Infringement possible, Job Shortlisted may in its discretion either (i) at its own expense replace or modify its services so that no IPR is breached,(ii) obtain an exploitation right to use the IPR for the customer or (iii) if measures according to (i) and (ii) are not reasonable or possible, terminate the agreement with immediate effect. The client shall immediately inform Job Shortlisted in writing, if it becomes aware of such breaches of third party IPR.

10. Confidentiality

10.1
Job Shortlisted shall treat as confidential all information delivered pursuant to this contract which is marked confidential. This obligation of Job Shortlisted shall also continue after this contract has expired.

10.2
Upon accepting the offer, both parties agree to mutually comply with all applicable privacy and data protection laws.

10.3
The customer is advised in accordance with data protection laws that Job Shortlisted stores its data in a machine readable form and uses it according to the purposes of this contract.

10.4
It is the customer’s responsibility to treat any ID, password or username or other security device provided for the use of the services with due diligence and due care and to take all necessary steps to ensure that they are kept confidential, secure, are used properly and are not disclosed to unauthorized persons. The customer will be held responsible for any usage of his password or his username by third parties unless the customer provides evidence that the access to such password or username by such third parties has not been enabled by him and that the cause of any such access attained does not lie within his sphere of influence. The customer must immediately inform Job Shortlisted if it is likely or has become known that someone not authorized is using his password or username or if they are being or are likely to be used in any unauthorized way. In the event of a breach of any material obligations of the customer under this contract, in particular including but not limited to the infringement of any obligation described in this section, Job Shortlisted is entitled to immediately interrupt the operation of its services without further notice and without releasing the customer from any payment obligations.

11. Cease and desist undertakings or court orders

11.1
If the customer has received a cease and desist letter due to a product published at Job Shortlisted, gave an undertaking to cease and desist from certain advertisement (-content) or if a respective court order, judgement or any other court decision has been served, the customer is required to inform Job Shortlisted immediately in writing about this. If the customer fails to inform Job Shortlisted, Job Shortlisted shall not be liable. The customer shall then be required to indemnify Job Shortlisted on first demand against claims of third parties and shall hold Job Shortlisted harmless from any eventual damages.

12. Term

12.1
This agreement shall be effective from the date on which client registers. The term agreed therein shall also begin with reception of the signed contract, or if another commencement date is agreed upon, with such commencement date. This contract terminates automatically after the agreed period has expired, unless the additional terms and conditions set out below contain different provisions.

12.2
Service elements can only be ordered during the agreed contractual period. The client’s right to order service elements which have not been claimed before the termination of the contract shall end with the termination of the contractual period.

Additional terms and conditions

Advertisements

1. Description of services

1.1
These additional terms and conditions for job listings, banners and company presentations (“advertisements”) apply in addition to our general terms and conditions and prevail in case of doubt. Job Shortlisted shall publish advertisements on the Internet on behalf of the customer in HTML format. The advertisements may embed GIF, JPEG or PNG files. Other graphical formats and embedded files are not possible.

1.2
The content to be published must comply with following requirements; otherwise they are considered as illegal content with the consequences as per clause 6.6 of Job Shortlisted General Terms and Conditions:

• Within a job ad only links to the contracted company’s online presence are allowed.
• Text references and/or links within a job ad to further job offers that are not published at Job Shortlisted are not permitted. This includes the vacant jobs section at the customer’s website.
• The request for unsolicited job applications is not permitted.
• Links to competitors of Job Shortlisted are not allowed unless the customer itself is competitor of Job Shortlisted and links to its own online presence.
• All content of a job ad must be directly visible to the user. Unless explicitly offered by Job Shortlisted as part of certain advertisements, interactive elements, which are controlled by e.g. clicks or mouse over, and the Customer’s own tracking codes are not permitted. In any case links which lead to external pages must be designed in such way that it is perceivable that they link to external pages.
• Links are permitted only as “no follow” links, i.e. they must be set in such way they are not used by search engines to evaluate the link popularity.
• All content of a job ad as must be handed over to Job Shortlisted and must not include frames or any other forms of download via other servers.
• Taking any influence outside the options provided by Job Shortlisted (indexing and categorization, title and visible text of the ad) is not permitted. This includes in particular without being limited thereto invisible texts (e.g. white text in front of white background, text behind a picture, use of a CSS to conceal text, use of font size 0) and invisible links.
• Indexing and categorization, title and visible text of the ad must relate to the position offered in the ad.
• A job advertisement must contain the company name and a description of the company, a job description, a profile of requirements, the place of work and a way to apply, unless otherwise contracted with Job Shortlisted.
• The job description must not refer to different jobs. It must contain the job title and describe the job and tasks. The job description must describe the vacant job correctly and must not be misleading. The advertised job must not be amended during the term of publication, additional places of work may not be added during the term of publication. In case of noncompliance Job Shortlisted reserves the right to charge an additional amount subsequently instead of the consequences as per clause 6.6 of the General Terms and Conditions.
• A job advertisement may not be published in different language versions and all content needs to be published in English.

1.3
The customer is aware that content published on the internet is crawled by search engines such as google and others and that these search engines archive the published content. Job Shortlisted will set a Meta tag of the job ad that the job ads shall not be archived. If an ad is still archived by a search engine Job Shortlisted shall not be liable and any requests for deletion shall be made to the search engine.

1.4
Job Shortlisted reserves the right to convert the display of job ads in order to improve the listing quality across all devices.

1.5
The above description of services is comprehensive.

3. Offers that are subject to change: International Deals, free services, job ads for training and internships

3.1
Offers and rates for international deals are subject to change until the specific advertisement is placed and depend on Job Shortlisted continued cooperation with its cooperation partners in the respective countries. A change of Job Shortlisted conditions for international deals does not entitle the customer to terminate framework agreements.

3.2
In its sole discretion Job Shortlisted may offer certain services free of charge from time to time to specific conditions. All services free of charge are subject to change and can be suspended or terminated by Job Shortlisted at any time. The customer cannot claim continued fulfilment of services free of charge.

3.3
The placement of advertisements for training and internship contracts is provided in accordance with clause 4.2 as self-service.

4. Miscellaneous

4.1
The customer is advised and agrees that Job Shortlisted cannot prevent the unapproved publication of job listings by third parties. Job Shortlisted shall however, subject to technical and legal limitations, use its best efforts to prevent such unapproved publication. The customer agrees thereto.

4.2
The customer shall hereby assign to Job Shortlisted any rights in the ownership of a database that may exist with respect to any multiple advertisements delivered to Job Shortlisted for publication. In particular, the customer acknowledges that Job Shortlisted is the producer of the database of such job listings and has the sole database right to the customer’s job listings published in the database by Job Shortlisted.

4.3
The transfer of an advertisement agreement (“reselling”) to a third party requires Job Shortlisted prior consent.

1. Description of services

1.1
These additional terms and conditions “CV Database (DirectSearch Database)” apply in addition to our general terms and conditions and prevail in case of doubt. Job Shortlisted operates databases on the Internet which contain CVs of jobseekers (“candidate”). Candidates can enter their profiles or CVs into the databases. By activating the CV the candidate publishes the CV either in anonymised form, i.e. without making personal data publicly accessible (“anonymous profile”), or in such a way that his personal data is directly accessible in the database (“public profile”). The customer, that orders an access to the CV database, may directly view public profiles and contact the candidates behind the profile and in case of anonymous profiles may, via the Job Shortlisted electronical system, send a contact request to the candidate behind the profile.

1.2
Job Shortlisted only grants access to the CV Database to customers for their own personal needs. No customer may forward access to the CV Database or anonymous profiles to third parties. It is not allowed to access the CV database for enticement of customers. No customer may place deep links from his own web site to the CV Database (“Deep Links”). Job Shortlisted reserves the right to take immediate legal action against any infringement of this clause without giving any prior warning notice.

1.3
The customer may make use of certain functionalities in the “Direct Search Database”. The service does not include any data backup for the customer. Data may be removed or deleted from the back-office at any time without giving prior warning. Data will automatically be removed from the CV-Centre for data protection reasons as soon as a candidate deletes his CV from the Direct Search Database. The CV Database must not be used for any purposes violating antidiscrimination law.

1.4
Job Shortlisted recognizes that its CLIENTs may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the CLIENT’s rights. Likewise, the CLIENT recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the CLIENT shall perform its obligations under these terms and conditions.

1.5
As individually agreed in the contract the customer has access to read a specific number of profiles in the CV database.

2. Obligations of the customer

2.1
The customer warrants that he will comply with all legal provisions, third party rights and good morals. Clause 6(6) of the general terms and conditions shall prevail.

2.2
In particular, the customer warrants to not forwarding or otherwise communicating the personal data of candidates, to respect their confidentiality and to comply with all applicable data protection and privacy rules. Job Shortlisted recognizes that its CLIENTs may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the CLIENT’s rights. Likewise, the CLIENT recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the CLIENT shall perform its obligations under these terms and conditions.

2.3
The customer undertakes to indemnify Job Shortlisted against all losses, costs, claims, damages or other expenses that are caused by the customer, unless PNet is responsible.

2.4
Candidates are responsible for completing their candidate Profiles. Therefore, Job Shortlisted does not warrant their completeness, correctness, accuracy or accessibility. Job Shortlisted does not warrant any degree of response.

2.5
The data of jobseekers registering on the Job Shortlisted sites (“candidates”) is strictly confidential and may only be stored, or used according to applicable data protection laws. The customer is only entitled to contact candidates for filling concrete vacancies. Job Shortlisted is entitled to block the account of the customer and withhold access to candidate data in cases of infringements by the customer.

2.6
The customer is advised that special terms apply to data transfers outside the Borders of the Republic of South Africa. Generally, such data transfers require the consent of the candidate – even if the transfer occurs within a corporate group.

3. Pricing models

3.1
The price and the details of invoicing are defined in the Job Shortlisted rate card.

4. Nature, Scope and Purposes of the Collection and Use of Personal Data when using the CV Database

4.1
As part of your use of the CV Database and upon every access to the CV Database we will collect and store the Corporate User ID (i.e. based on the user name we will store the identity of the specific user) and the Company ID (i.e. based on the specific user being part of a specific customer, the name of this customer). We also collect and store the scope of the individual use, i.e. which CVs have been accessed when.

4.2
The data collected and stored as per 4.1 will be used in order to avoid abusive use of the CV Database and thus to ensure a correct billing of the services. It will also be used in order to ensure and monitor that the CV Database operates properly at all times and in particular to be able to solve eventually occurring issues for specific customers so that the usage of the CV Database is enabled in its entire scope. Upon entering into the contract and when using the CV Database the customer and the specific user agree to the collection and use of the data in this scope.

4.3
Additionally, we will use the data collected as per 4.1 in strictly anonymized form in order to create statistics about the general behaviour of the customers in the CV Database. This allows Job Shortlisted to design the CV Database in a more customer friendly way.

Job Feed

1. Description of services

1.1
These additional terms and conditions Job Feed apply in addition to the general terms and conditions and prevail in case of doubt.

1.2
The scope of the services of Job Feed is the creation of an interface by Job Shortlisted and with the customer’s support, via which Job Shortlisted regularly fetches the job ads to be published as provided by the customer and subsequently the creation of job ads in the Job Shortlisted format and individual layout in accordance with the Additional Conditions Advertisements, their publication at Job Shortlisted and the automatic comparison and actualization of the advertisements published at Job Shortlisted with the advertisement content provided by the customer. The fetching and the comparison via the interface is fully automated. No manual corrections are owed. A successful implementation requires a close cooperation between the parties. The customer undertakes to provide such support and arrange those preconditions needed for a successful use as per the respective specifications individually defined. This description of services shall be deemed as an agreement of functionality and is comprehensive.

2. Term

2.1
The term shall be agreed individually. Contrary to the general terms and conditions, Job Shortlisted shall delete published job listings after these are deleted from the customer’s database, and Job Shortlisted shall publish job listings after they were entered into the customer’s database.

2.2
The Job Feed data mirroring will take place once daily or as agreed upon.

Job Shortlisted Recruiter-Space

1. Data Protection

1.1
If personal data is processed, the customer is obliged to comply with all applicable data protection regulations by concluding suitable agreements with his employees and/or by taking adequate organisational measures. This applies in particular to the collection, processing, editing, transfer and deletion of data. Job Shortlisted is entitled to store the personal data of the customer and may process this data within the scope of this contract.

Online Ordering

1. Description of services

1.1
Certain types of job advertisement can be ordered online from Job Shortlisted. These additional terms and conditions Online Ordering apply in addition to our general terms and conditions.

1.2
This description of services is exhaustive.

2. Written Form

2.1
Contrary to Job Shortlisted general terms and conditions the mandatory written form shall not apply. Contractual declarations can validly be made by both parties without any formal requirements.

2.2
The contract is concluded, when Job Shortlisted accepts the customer’s order and receipts payment for said order. Job Shortlisted shall accept the order within 48hrs by email conformation. The confirmation of the reception of the order is generated automatically and shall not be considered an acceptance of the order.

2.3
The products and rates published at Job Shortlisted websites are subject to change. Job Shortlisted endeavours to publish correct products and rates at all times. Job Shortlisted shall be obliged to provide the products at the defined prices only after the customer has received Job Shortlisted acceptance of the order.

3. Terms of Payment

3.1
No agency commission is granted for Online Ordering.

3.2
Job Shortlisted reserves the right to provide service upon prepayment, only. Otherwise the customer may principally choose to pay via an alternative payment method after placing the order and receiving the invoice. Services will only be released after payment is receipted for the services.

3.3
Job Shortlisted grants no refunds.

4. Customer Information Obligations

Pursuant to local law Job Shortlisted informs the customer as follows:

4.1

These terms and conditions (general terms and conditions, additional terms and conditions advertisements and additional terms and conditions Online Ordering) together contain the entire terms of the contract for the online ordering of a job advertisement. The price for an Online Ordering is defined in the price list which was live and published at http://www.jobshortlisted.com  when the customer received Job Shortlisted offer to enter into a contract. The legal relationship resulting from the (free of charge) visit to the Job Shortlisted web site is explained and defined in detail in our terms of Use. After entering into the contract we store the entries of the customer made during the online order. This information is not accessible for the customer after entering into the contract. Additionally we would like to inform you that Job Shortlisted only publishes the current Terms and Conditions and price lists. Thus the customer will not have access to the Terms and Conditions and price lists that were in force at the time of entering into the contract in case of later updates to the Terms and Conditions and the price list.

4.2
Job Shortlisted provides technological means that help to identify and correct any errors entered before the order is placed. The most important element in the context of online ordering of job advertisements is the advertisement preview on each of the three pages of the application form.

4.3
Job Shortlisted complies with Local data protection standards, its terms of use and the conditions set out in its privacy statement.

Video Ads

1. Description of service

1.1
On behalf of the customer Job Shortlisted publishes short videos that have been produced with the customer’s involvement containing information about customer and open positions on the Internet (“Video Ads”). These additional terms and conditions Video Ads apply in addition to our general terms and conditions and prevail in case of doubt

1.2
This description of services is comprehensive.

2. Rights of use

2.1
Job Shortlisted offers one type of Video Ad. Videos that are provided to Job Shortlisted by the customer (hereinafter referred to as “Job Shortlisted Videos”).

Terms of Use – Candidates

We know that this legal jargon is not fun to read, but at the end of the day our Terms of Use defines our relationship with you.

Terms

• All Job Shortlisted services that facilitate applications for employment are free of charge except for the headhunting section of the Job Shortlisted website.
• Certain ancillary products and services may attract a transaction fee that is payable at the execution of the transaction.

Conditions

• You indemnify Job Shortlisted against all claims, actions, suits, liabilities, costs and expenses incurred on any account as a result of the listing or intended listing of any resume by you on www.Job Shortlisted.com, or any related site.
• Job Shortlisted makes every effort to ensure that Applicant Data is treated in the strictest confidence, however, you will not hold Job Shortlisted responsible if your resume was unlawfully copied from the Job Shortlisted website through nefarious means and/or distributed without consent.
• Access to the candidate resume database is available only to Job Shortlisted recruitment agency clients who have been approved for resume search capabilities.
• While Job Shortlisted will implement precautionary measures to ensure that the Job Shortlisted website is free from viruses, Job Shortlisted cannot and does not guarantee or warrant that files available for downloading through the site or delivered via electronic mail through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient protective software on your system that will satisfy your particular data security requirements and for maintaining a means external to your workstation for the reconstruction of any lost data.
• You agree to take precautionary measures to ensure that your resume on Job Shortlisted is free from viruses or other destructive code.
• Job Shortlisted reserves the right to either reject or remove any resume from its site(s) for any reason whatsoever.
• You agree to present yourself truthfully in your resumes on Job Shortlisted.
• Job Shortlisted makes every effort to deliver applications to vacancies in the shortest possible time. You will however not hold Job Shortlisted liable for any loss or damage as a result of any failure or delay in the delivery of an application for employment to an advertiser.
• You agree, at all times, to deal with any information or products provided by Job Shortlisted in a manner which abides by all applicable laws of the country you reside in, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
• To the fullest extent permitted by law, Job Shortlisted and its associates exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on any services provided by Job Shortlisted or its associates. Job Shortlisted and its associates at all times limit their liability to the re-supply, where possible, of services not properly rendered; and where the re-supply of the service is not possible, to the refund of moneys paid for such services. Job Shortlisted will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to your actions or omissions.
• You agree to keep Job Shortlisted and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against Job Shortlisted as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by Job Shortlisted to you.
• You may not assign or transfer your rights and obligations to any other person without Job Shortlisted prior written approval (which will not be unreasonably withheld).
• This agreement is governed by the laws of South Africa. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of South Africa, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
• Job Shortlisted retains all intellectual property rights contained in the data stored on Job Shortlisted and services provided by Job Shortlisted, and you agree not to infringe any of Job Shortlisted rights without Job Shortlisted prior written consent. This includes the use of public domain information represented on Job Shortlisted.
• You agree not to use the Job Shortlisted infrastructure or technology to market any service to Job Shortlisted.
• Job Shortlisted has a strictly no refund policy.