1. Contractual Partner
The customer’s contractual partner is the “HRecruiting Ltd. Pty” Hereinafter referred to as “HRecruiting”.
2. Area of Application
For the contract between the customer and “HRecruiting” , these General Terms and Conditions of the “HRecruiting” exclusively apply. Insofar as the customer’s terms and conditions deviate from General Terms and Conditions of “HRecruiting” in their entirety or partially, they are not subject matter of contract, also in the event that they have not been explicitly contradicted. This does not apply only if “HRecruiting” has consented to the deviating terms and conditions of the customer in written form.
3. Scope of Services and Payments
The scope of the services offered as well the amount of the respective payments and their mode of payment to be rendered are as indicated in the pricing information located on the website, in connection with the description of the respective subject matter of contract in these Terms and Conditions.
All prices listed are net prices, and will be invoiced plus the currently valid value added tax (VAT). Invoices are due immediately without any deductions; any deviations hereof require an explicit written agreement. Agreed terms of payment are always based on the creation date printed on the invoice.
4. General Regulation of Indemnity
“HRecruiting” is only liable for damages that are based on malicious or grossly negligent behavior on part of “HRecruiting”, its legal representatives or vicarious agents, as long as warranted specifications or contract-relevant obligations are not involved.
1. Software Service Agreement – Scope of Service
Software Service Agreement as defined by the following General Terms and Conditions is the contract concerning the provision of a software products on computer systems of “HRecruiting” and access via the Internet.
The software product will not exclusively be made available to the customer, but instead, made mutually available with other users.
2. Conclusion of Contract
The Service Agreement shall be concluded, when
a. “HRecruiting” sends their E-Mail confirmation of registration when placing an order on the Internet or
b. “HRecruiting” grants access based on a customer’s written order.
3. Right of Refusal
1. “HRecruiting” reserves the right to refuse publication on the system of any information made available by the customer, based on its contents, origin or technical structure according to uniform, objective principles. This especially applies if the content infringes upon any legal or official regulations or accepted principles of morality; respectively the publication is unacceptable for “HRecruiting” for other reasons.
2. Without forewarning to the customer, “HRecruiting” is entitled to remove any information made available by the customer, in which contents infringe upon any legal or official regulations or accepted principles of morality. The customer shall be notified immediately when such action is taken by “HRecruiting”, whereas the action is not justification for a claim for reimbursement by the customer.
4. Content and Rights of the Publicized Data
1. The customer takes sole responsibility for the content, particularly the correctness and legal admissibility, of the publicized text and image material. “HRecruiting” is not obligated to check the publicized information in reference to encroachment of third party rights. The customer is obligated to exempt “HRecruiting” from any third-party claim incurred in any manner by carrying out an advertisement order.
2. Insofar and within the context of an advertisement’s publication protected trademark rights are used, the approval for their use is herewith granted. The customer ensures that he/she is authorized to issue approval.
3. All information (texts, images, etc.) publicized by “HRecruiting” underlie their copyright. However, exempted are the from “HRecruiting” publicized information, their creation – inclusively the HTML source-text – taken over by the customer himself/herself respectively taken over by an agency on behalf of the customer. Only in this case, does the copyright not lay with “HRecruiting”, but instead with the respective customer and/or agency engaged by the customer for this case; whereas Number 2. applies accordingly.
4. Commencement of the Service Agreement
1. The commencement of the Service Agreement shall take place on the date agreed upon in written form with the customer. In the event that no commencement date has been agreed upon in this form, the Service Agreement shall become effective immediately upon signing of said agreement. The customer is responsible for the complete configuration of the software product and the integration in the company’s own Internet website.
5. Payments
1. Except when stipulated otherwise in a different written agreement, the customer shall remit payment to „HRecruiting“ for the use of the software product as it is listed in the online price list that is accessible on and via the “HRecruiting” website. Decisive is the price list as publicized on the Internet by “HRecruiting” at the time of receipt of the customer’s order.
6. Guarantee
1. “HRecruiting” guarantees the best possible availability and quality of the system according to the respective general technical standards. However, the customer is aware of the fact that based on the state of technology; it is not possible to create a program completely devoid of errors.
2. A fault in the job advertisement’s display, in particular, is not an error if it has been caused by
the use of a unsuitable display software and/or hardware (e.g. Browser) or
through dysfunction of the communication network of other operators or
through computer down-time of an Internet access provider or an online-service or
through incomplete and/or not updated offers on so-called proxy servers (to buffer) of commercial or non-commercial providers and online-services or
through a server’s down-time that does not last longer than twenty-four (24) hours (consecutively or accumulated) within thirty (30) days after commencement of the contractually agreed connection.
3. However, in the cases noted in Number 2., the customer has a right to an extension of the license term for the duration of the down-time.
4. For occurring faulty system components attributed to “HRecruiting”, the customer is entitled to rectification of a defect. Should “HRecruiting” be unwilling to rectify, incapable of rectification, refuse to rectify or delay rectification beyond a suitable period for reason attributed to “HRecruiting”, or should in any manner the placement of a substitute advertisement fail, the customer is, at his/her discretion, entitled to demand either revocation of the contract (redhibitory action) or abatement of the advertisement price (reduction).
7. Notification of Defects
1. The customer shall test the function of and access to the system and to immediately inform “HRecruiting” of any defects. The notice period for apparent faults begins upon receipt of the access data, masked faults upon discovery thereof. Should the customer refrain from submitting a notification of defects, the system is then deemed/ approved error-free.
8. Data Archiving
1. After termination of the Service Agreement, “HRecruiting” is not obligated to store/archive the respective customer’s data.
1. A two-week inspection and approval period begins as soon as the application is provided.
After this period, “HRecruiting” will render the customer a maximum grace period of seven (7) days for the designation of defects. Once this period has elapsed, the application is deemed inspected and approved.
1. Applicable Law, Place of Performance and Jurisdiction, Contractual Language
The contractual relationship between the customer and “HRecruiting” is subject to South Africa law.
The contract’s Place of Performance is Cape Town. If the customer is a merchant or should he/she have no general place of jurisdiction in South Africa, it shall be agreed upon that Cape Town shall be the Place of Jurisdiction for any proprietary disputes arising from this contractual relationship, provided that for a lawsuit no exclusive place of jurisdiction is vested. In linguistic uncertainties in reference to the translations of the homepage and the General Terms and Conditions, or in other cases of uncertainty and when problems of interpretation arise, the English text version is final and binding.
2. Individually Negotiated Terms and Contract Amendments
Individually negotiated terms, contract amendments and supplementations are only valid when submitted in written form or transmitted via Telefax, insofar as the General Terms and Conditions do not provide other information.
3. Changes in the General Terms and Conditions
“HRecruiting” shall notify the customer of changes in the General Terms and Conditions of “HRecruiting”. This notification will take place by postal mail or e-Mail or announced on this website at least four (4) weeks before coming into effect. Should the customer not object to the aforementioned notification within four (4) weeks after notification, the changes are deemed accepted and shall become valid contract documents. In the notification of revised General Terms and Conditions to the customer, “HRecruiting” is obliged to specifically inform the customer of the legal consequences.
4. Severability Clause
Should any provision of this Contract or provision in the General Terms and Conditions be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provision shall be deemed replaced by such valid, effective and enforceable provision as comes closest to the economic intent and the purpose of such invalid, ineffective or unenforceable provision as regards subject-matter, amount, time, place and extent.The same shall apply for gaps, if any.
