These are the terms and conditions that apply to your use, as the Customer, of the Services (described below) and our provision of those Services to you in our capacity as the Company.
The Services include but are not limited to the following services on the HeJobs.co.za Website:
- The Advertising Service
- The Employer Dashboard Service
The Advertising Service and the Employer Dashboard Service shall each be a Service and are collectively known as the "Services." These terms and conditions shall apply to all of the Services except for where they are expressly stated to only apply to a specific Service.
The terms and conditions may be updated by us from time to time without notice to you. You should review these terms and conditions periodically for changes. Particular Services may also be governed by additional or alternative terms and conditions, which will be posted on the HeJobs.co.za Website.
By using the HeJobs.co.za Website and any of the Services you are deemed to have accepted these terms and conditions.
In these terms and conditions, the following words shall have the following meanings:
|"Advertisement"||means the advertisement(s) sent by the Customer to the Company to be placed on the HeJobs.co.za Website;|
|"Employer Dashboard System"||means a recruitment management system through which the employer/insitution can post a job; contact candidates and or arrange interviews|
|"Annual Subscription"||means the annual subscription service, details of which can be given on request by the Company to the Customer;|
|"Candidates/Jobseekers"||means the registered users of the HeJobs.co.za Website who have made available their Curriculum Vitae ("CV");|
|"Contract"||means the contract made between the Company and the institution/employer for the placing of the Advertisement on the HeJobs.co.za Website; for the use of employer dashboard Service.|
|"Company"||means Higher Education Jobs South Africa as HeJobs.co.za;|
|"Customer"||means the party wishing to make use of one or all of the respective Services and with whom the Company contracts;|
|"Intellectual Property Rights"||means any, copyright, database rights and related rights, rights in designs and trademarks (registered or unregistered), rights in confidential information (including know-how and trade secrets) and including all applications (and rights to apply) for, and renewals or extensions of, such rights which subsist or will subsist, now or in the future, in any part of the world.|
|"HeJobs.co.za Website"||the Company's website www.HeJobs.co.za OR www.higheredjobs.co.za OR www.highereducationjobs.co.za;|
|"Profile Information"||means the information provided by a Candidate including (without limitation) name, email address, qualifications, and cv.|
Higher Education Jobs South Africa (HEJobs) exclusively provides facilities for higher education institutions Customers to place advertisements pertaining to employment vacancies on the HEJobsWebsite. All adverts are linked to a vacancy category and job title selected by the Customer.
- All advertisements placed will remain visible on HEJobs for a period determined by the Customer or the maximum advertising period as per the subscription plan.
- The Company provides search services to allow registered users to view the vacancies. These include hierarchical and a text search facilities.
- When applicants register with HEJobs, the HEJobs system records their position preferences. This information is used to generate email notifications to applicants of positions that may suit them. Customer vacancy postings will be linked to the criteria used to generate notifications, which means that HEJobs will actively market vacancies to selected users.
- Prices set by the Company may vary without notice.
- All amounts owing to the Company must be paid within 14 days of the date of invoice. The Company may charge interest on late payment in accordance with the prevailing First National Bank prime overdraft rate.
- Customers must pay the amount of all invoices in full, notwithstanding any errors or omissions in any of their postings\adverts, into the the Company bank account, free of deduction or set off:
Account Holder Name:Tswelang Pele Consulting CC
First National Bank
Lynnwood Ridge Branch (252045)
Account Number: 62228706646
- The prices listed on this site are valid from 01 September 2013 and exclude VAT.
The Customer and the Company agree to be bound by the terms and conditions set out in this Agreement and in each Contract.
- It is the responsibility of the Customer to ensure they comply with the Labour Relations Act and any other anti-discrimination legislation applicable in the Republic of South Africa. This is relevant to the creation of vacancy advertisements on HEJobs using the standard form.The Company will not accept vacancy postings that appear to be contrary to law.
- Without prejudice to any other provisions in these terms and conditions the Customer shall indemnify the Company in full against all liability, loss including loss of profit, costs, damages and expenses (including legal expenses) awarded against or incurred or paid by the Company as a result of or in connection with:
- Breach of any warranty given by the Customer in relation to the Advertisement Content;
- Any claim that the Advertisement Content infringes the Intellectual Property Rights of any third party;
- Any breach of any of the Customers obligations under the terms and conditions of this Agreement or each Contract, and/or any act omission or negligence on the part of the Customer.
- The Company shall use reasonable endeavours to keep the vacancy postings available at all times. However, the Customer agrees that the Company shall not be liable to the advertiser or any other person whatsoever in respect of any loss or damages caused by or arising from the unavailability of, or any interruption in the display of the vacancy posting for any reason whatsoever.
- The Company shall use their best endeavours to notify the Customer of any maintenance and repairs which may result in the vacancy posting being unavailable, but do not warrant that such notice will be given in advance.
- The Company will do everything in its power to ensure that the HEJobs server is free from viruses or other destructive software, by employing industry standard virus protection and firewalling technology. HEJobs cannot and does not, however, 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. Customers are responsible for implementing sufficient procedures and checkpoints to satisfy their particular security requirements and output, and for maintaining external means for the reconstruction of any lost data.
- The Company may in addition to placing the Advertisement on the HEJobs and in order to increase the exposure to the Advertisement place the Advertisement on any other relevant website operated by the Company and / or any third party at no extra cost to the Customer and the Customer acknowledges, agrees and accepts that by requesting the Company to place the Advertisement on the HeJobs.co.za Website, the Company may so place the Advertisement
- The Customer must make every effort to avoid errors in their vacancy postings.The Company accepts no responsibility or liability for any errors and requires that recruiters check their vacancy postings for errors as soon as they are placed on HEJobs Any errors may be edited immediately.
- The Company reserves the right to either reject or remove any vacancy posting from the website for any reason whatsoever.
- The Company makes every effort to publish vacancy postings in the shortest possible time. HEJobs is not liable for any loss or damage incurred by the Customer as a result of any failure or delay in the listing vacancy posting on HEJobs.
- The Customer agrees at all times to deal with any information or products provided by HEJobs in a manner which abides by all applicable laws of the Republic of South Africa, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
- To the fullest extent permitted by law, The Company 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 the Company or its partners. The Company 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.The Company will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to the Customer's actions or omissions.
- The Customer may not assign or transfer any rights and obligations to any other person without the Company`s prior written approval (which will not be unreasonably withheld).
- The Customer hereby warrants, represents and undertakes to the Company that
- The Customer will only use the CV Search Service and any information received through the Employer Dashboard Service for the Customer's recruitment related activities;
- The Customer will not sell, sub-license, sub-contract or rent any information received through the CV Search Service in respect of a Candidate on the Database to a third party
- The Customer will not create a marketing list (other than for jobs) for either the Customer's own use or to sell on to a third party using any information received through the CV Search Service in respect of a Candidate on the Company's Candidate database;
- The Customer's use of the CV Search Service will not be prejudicial to the image or reputation of the Company, the HeJobs.co.za Website or any other recruiters who use the HeJobs.co.za Website;
- The Customer will keep all Candidates' Profile Information and Candidate Information confidential.
- If, for any reason, the Company believes that the Customer has not complied with these terms and conditions or is misusing the Employer Dashboard Service in any way, the Company may, at its discretion, cancel, suspend or otherwise restrict the Customer's access to the HeJobs.co.za Website and the Employer Dashboard Service immediately and without giving any advance notice.
- The Company does not warrant the accuracy or reliability of any Candidates' CVs or other information or Personal Data relating to Candidates ("Candidate Information") that the Customer acquires or has access to from using the Employer Dashboard Service. The Company does not review the Candidate Information or verify the accuracy of the information contained therein.
- The Company has no liability to the Customer for any direct or indirect losses including (without limitation) loss of profits, or damages incurred arising out of the Customer's use, or inability to use any CVs or Candidate Information.
- In the event that the Company's continuing publication of the HeJobs.co.za Website is restricted, curtailed or prevented by any applicable law or regulation or any other thing beyond the Company's control, the Company may terminate this Agreement forthwith in whole or in part.
- This agreement is governed by the laws of the Republic of South Africa. The recruiter irrevocably and unconditionally submits 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.