Terms and Conditions – Employers

Terms Of Use – Employers

  1. Definitions:
  • The company shall mean CvCiti and all of its subsidiaries
  • The advertiser shall mean the client of CvCiti whom shall, for the payment of a fee as set out herein, be allowed to post online job offers;
  • Data and advertisement shall mean the information pertaining to a job offer which shall be placed on CvCiti’s online portal for advertisement by CvCiti on behalf of the advertiser;
  • Advertiser’s data source shall mean the website or other site from which data is posted to CvCiti’s website/ portal;
  • Listings shall mean – an advertisement of a job opening at the company.
  • The company’s portal shall mean the CvCiti website and any other applications and or websites linked to the company’s website.
  • A Data source shall mean any website of or linked to the Company or any of it’s portals
  • The effective date shall mean the date on which the advertisement or posting is posted or uploaded on CvCiti’s site application or associated websites
  • The onboarding period shall mean the period from which the advertiser uploaded the advertisement or data on CvCiti website or other portals until the period the data becomes available for other users on the site.
  1. General terms of use:
  • In accordance with and subject to these terms and conditions (the “Terms”), The Advertiser will cause the Data (described above) to be transferred from Advertiser’s Data Source (named above, as applicable) to the Company for display at:
    • http://www.CvCiti.co.za/ (the “CvCiti Site”), including
    • the associated mobile website – cvciti.co.za
    • and through any application or websites used to access the online classifieds operated by the Company.

in the form of classifieds listings (the “Listings”). The Listings shall only be listed on one (1) of the CvCiti Site’s regional sites.

  • The Advertiser shall be assigned a unique agent_id for the above purposes and will be responsible for the safekeeping of any log on codes/ passwords. The company shall not be held accountable for any listings offered on the Company’s portal.
  • The advertiser shall comply with the then-current terms of use, privacy policy and other site policies applicable to the CvCiti Site, which are hereby incorporated by reference (and are available on the CvCiti Site).
  • Where Advertiser provides the Data through a Data Source, Advertiser may also be subject to and is responsible for complying with the Data Source’s privacy policies and information security controls. Advertiser expressly acknowledges that Company may amend the terms of use, privacy policy and other site policies applicable to the CvCiti Site at any time.
  • The advertiser acknowledge that is solely responsible for making itself aware of the terms and conditions of the company or any of its subsidiaries or associated site’s terms and conditions of use every time the advertiser uses the website or other portals of the company, it’s subsidiaries or associated sites which may at any time be amended by the company, it’s subsidiaries or associated sites without notification of such changes.
  • Advertiser acknowledges that Advertiser’s failure to comply with the foregoing, or to pay Company in accordance with these Terms, may result in the suspension of Advertiser’s user account(s) or advertisements. The advertiser also agrees that it will be liable for any collection and legal fees of the company on attorney and own client scale
  • Without limitation to the foregoing, Advertiser acknowledges that Company reserves the unrestricted right to:
    • not display any of the Data it receives where such Data contains a technical malfunction or for any other reason as determined by Company; and (ii)
    • cancel, suspend or discontinue display of any Listings which violates the then-current terms of use, privacy policy or other site policies applicable to the CvCiti Site.
  1. Listing fees
  • The Advertiser shall pay the listing fees as set forth in the Package Details upfront
  • The monthly fee shall only be charged as of the date the Listings are first on-boarded to the CvCiti Site (the “Start Date”), which may take up to twenty (20) days from the Effective Date (the “Onboarding Period”).
  • The parties will cooperate and use commercially reasonable efforts to ensure that the Listings are on-boarded to the CvCiti Site by the end of the On-boarding Period. The Company will however not be liable for any damages suffered or incurred by Advertiser from any failure or delay in on-boarding the Listings by the end of the On-boarding Period.
  • Advertiser also hereby agrees to purchase the features package(s) set out in the Package Details, as applicable. For greater certainty, in the event that any available Live Ad Listings go empty (or purchased features go unused) in any given month, because of the actions or inactions of Advertiser, the fees payable hereunder shall nonetheless remain payable in full (and unused Live Ad Listings or features shall not carry-forward to the ensuing month).
  • The number of “available Live Ad Listings” is the number of Listings allowed on the CvCiti Site at any given time, based on the listing package set forth in the Package Details. Advertiser may, in addition to the features package(s) set out in the Package Details (if any), purchase additional features/upgrades directly through a tool on the CvCiti Site (the “Site Tool”), at the then-current prices for such features/upgrades on the CvCiti Site, only as and when such Site Tool becomes available on the CvCiti Site.
  • Subject to Section 3, Company will issue invoices to Advertiser in respect of each month (for the monthly listing fee and, as applicable, for the cost of any features package(s) and/or features/upgrades purchased directly through the Site Tool).
  • Only the monthly listing fee shall be pro-rated in the event that the Listings are on-boarded, or the Insertion Order is terminated (in accordance with these Terms), during the course of the month.
  • Advertiser agrees to pay Company’s invoices within thirty (30) days of receipt. Advertiser will be responsible for payment of any applicable sales, use and other taxes, including VAT and taxes will be added to each invoice if applicable.
  • Advertiser authorizes Company to investigate Advertiser’s credit and financial standing, including ITC and other credit checks, in the manner permitted under applicable law, and Advertiser consents to Company sharing Advertiser’s credit card and related billing and payment information with companies who work on Company’s behalf for the sole purpose of conducting such credit checks.
  1. Obligations of the Advertiser
  • The advertiser shall provide The Company with (or otherwise hereby authorizes Company to prepare in the first instance, from information and marks available on Advertiser’s public websites) one (1) banner/logo size as follows (collectively, the “Advertiser Marks”), to be displayed solely in connection with the applicable Listings on the CvCiti Site, and in such placements as determined by Company in its sole discretion: logo for image overlay.
  • Subject to these Terms, Advertiser hereby grants to Company a non-exclusive, royalty-free, non-transferable and non-assignable license to use the Advertiser Marks as may be necessary to perform its obligations set forth herein. As between the parties, title to and ownership of the Advertiser Marks will remain with Advertiser, and any benefits accruing from use of such Advertiser Marks will automatically vest in Advertiser.
  • The Advertiser shall be liable for payment of the Company’s fees as set out herein upfront.
  • The Company shall not be liable for any incorrect data or information provided or uploaded by the Advertiser
  • The Advertiser hereby represents, warrants and covenants throughout the duration of the Insertion Order that:
    • it has all necessary corporate power, authority and capacity to execute, deliver and perform its obligations, and its entering into of the Insertion Order and/or its performance under the Insertion Order will not violate terms of any other agreement that it has with a third party;
    • it will comply with any laws, regulations and directives applicable to it, including (without limitation) employment and labour laws and regulations;
    • it is the owner of, or has permission to use and sublicense the use of, the Advertiser Marks;
    • it has secured (including through the entering into of any necessary syndication agreement with the Data Source) all rights necessary to cause the transfer of the Data, and to cause related Listings to be listed on the CvCiti Site;
    • no intellectual property rights belonging to a third party will be infringed by Company exercising its rights and performing its obligations under the Insertion Order in relation to using the Data; and
    • it will use commercially reasonable efforts to ensure that the Data is accurate in all material respects. Advertiser will indemnify and hold harmless Company, its affiliates and their respective officers, directors and employees against any and all claims, losses, liabilities, costs and expenses, which any of them may incur as a result of any third party actions arising from or relating to breach by Advertiser of any of the foregoing.
  • The Company may re-format the Data to be presentable for display as Listings, and may otherwise decode the Data and make such changes thereto as may be necessary to conform and adapt the Data to the technical requirements of the CvCiti Site, connecting networks, devices, services or media; provided however that the Data shall not be edited or altered by Company in a manner that misleads or distorts the original content.
  1. Limitation of the Company’s liability
  • The Company specifically acknowledge that the Company shall not be liable for any consequential damages suffered by the Advertiser, in any circumstances
  • The advertiser understands that the maximum liability of the Company will only be the reimbursement of the fee levied by the Company, less any taxes. – (BAIE BAIE BELANGRIK – Limitation of liability)
  1. Term and cancellation
  • The initial term of the Insertion Order shall commence on the date that Advertiser enters into the Insertion Order (the “Effective Date”) and continue until the first monthly anniversary of the Start Date, and (except in the case of time-limited products) shall thereafter automatically renew for successive monthly periods, unless either party terminates the Insertion Order early in accordance with these Terms.
  • Either party may terminate the Insertion Order at any time for convenience, by providing at least thirty (30) days’ advanced notice to the other party.
  • Either party may immediately terminate the Insertion Order in the event of:
    • of a breach of the Insertion Order by the other party if the party in breach fails to remedy same within 7 days of having been notified by the party alleging such failure; or
    • that no Listings have been on-boarded to the CvCiti Site by the end of the Onboarding Period.
  • In addition, Company may immediately terminate the Insertion Order if:
    • any agreement it may have with the Data Source is terminated or expires;
    • Advertiser commits any act or does anything that is or shall be an offense which brings or may bring Company into public disrepute, contempt, scandal, or ridicule, or which might reasonably tend to injure the reputation of Company; or
    • The Company has reasonable evidence to believe that Advertiser’s credit is or becomes impaired. No termination of the Insertion Order shall affect the rights or obligations of either Advertiser or Company with respect to provisions hereof that, by their sense and context, are intended to survive such termination.
  1. Except as otherwise set forth in the Insertion Order (including these Terms), each party will bear its own costs and expenses related to the Insertion Order.

 

  1. The Advertiser acknowledges that the CvCiti Site is provided “As Is” and “When Available”, and Company does not represent or warrant that the CvCiti Site will operate securely or without interruption. The Company cannot be held liable for any damages if the CvCity website, applications or other sources are off line.

 

  1. The execution of the Insertion Order has not been induced by, nor do any of the parties rely upon or regard as material, any representations or writings whatsoever not incorporated herein and made a part of the Insertion Order.

 

  1. Company may from time to time, as set forth in this Section, amend the Insertion Order (including, without limitation, these Terms and the applicable fees). Only the CvCiti Country Manager, Head of CvCiti Jobs or a member of the Company legal department, on behalf of Company, shall notify Advertiser of any amended terms via email and, except where stated otherwise herein, all amended terms will be effective thirty (30) days after they are emailed to Advertiser (it being acknowledged and agreed that Company is not required to notify Advertiser of any amendment(s) to the terms of use, privacy policy or other site policies applicable to the CvCiti Site, and Section 2 will at all times apply to Advertiser).

 

  1. IF ANY AMENDMENT IS UNACCEPTABLE TO ADVERTISER, ADVERTISER’S ONLY RECOURSE IS TO TERMINATE THE INSERTION ORDER BY SENDING A TERMINATION NOTICE TO COMPANY PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT(S). ADVERTISER’S CONTINUED TRANSFER OF THE DATA TO COMPANY AFTER THE DATE ON WHICH AMENDMENTS BECOME EFFECTIVE WILL CONSTITUTE ADVERTISER’S ACCEPTANCE OF SUCH AMENDMENTS. FOR GREATER CERTAINTY, EXCEPT AS EXPRESSLY SET OUT IN THIS SECTION, THE INSERTION ORDER MAY NOT BE MODIFIED BY ANY SALES REPRESENTATIVE, AGENT, EMPLOYEE OR CONTRACTOR OF COMPANY, OR THROUGH COURSE OF DEALING OR OTHERWISE.

 

  1. The Company may, at any time and at its option, assign or transfer the Insertion Order to any of its affiliates, or sub-contract to an affiliate any or all of its obligations under the Insertion Order, without prior consent from Advertiser.

 

  1. These Terms shall be construed and interpreted in accordance with the laws of the Republic of South Africa. Each of the parties hereby irrevocably agrees to the exclusive jurisdiction of the Magistrates courts of the Republic South Africa with respect to any matters arising out of the Insertion Order.

 

  1. Advertiser will not, without Company’s prior written consent, make any press release or general public announcement with respect to the nature and terms of the Insertion Order.