Job Advertising & Solution Sales Including Multipost Products / Services
1. Definitions
In these terms and conditions:
1.1 ‘Customer’ or ‘Client’ means any person, company, organization or firm which purchases Services from Ntice;
1.2 ‘Proposal’ means an order for Services on a format provided by Ntice (in a form of a proposal) and agreed by a Customer;
1.3 “Company” or “NTICE” means Ntice Search Solutions (Pty) Ltd, trading as Ntice Sourcing Solutions registered in England and South Africa.
1.4 “Applicant ” means the person introduced by the Company to the Client.
1.5 ‘Services’ means all job advertising products and services made available by ‘us’ from time to time;
1.6 ‘Contract Month’ means, in respect of any Proposal relating to the provision of Services for a specified period of months, the calendar month commencing on the start date specified in the Proposal and ending on the day before the same date in the next calendar month.
1.7 ‘Contract Term’ means the full term specified in the Proposal. We reserve the right to vary these terms and conditions from time to time to build a bespoke solution that will suit clients’ individual needs. We will aim to give you reasonable notice in advance of implementing such changes
1.8 ‘ATS’ means, the Applicant Tracking System clients choose to subscribe to through Ntice, which will enable clients to manage and build a fully searchable candidate database from all applicant responses
2. The Contract
2.1 We will not commence the provision of Services pursuant to any agreement until the Proposal Form has been returned to us, approved by us, and confirmed by the Customer by way of signature, e-mail confirmation, or provision of the purchase order number and, in the case of Customers who purchase Services on terms that require pre-payment, Services will not commence until payment is received and cleared.
2.2 Unless otherwise agreed in writing by a representative of the Company, these Terms of Business shall prevail over any other Terms of Business or purchase conditions put forward by the Client.
2.3 No variation or alteration of these Terms of Business shall be valid unless approved in writing by a Director of the Company.
2.4 The Client agrees to the use of its brand or logo being displayed on the carousel of the Nticesearch.com website.
2.5 Additionally, Customer agrees that NTICE may mention Customer as a reference customer in NTICE’S marketing materials (such as e.g. but not limited to websites and brochures), that NTICE may use the Customer’s IP-Rights in this context and may present examples of the services provided to and the materials published on behalf of Customer.
2.6 Job boards and Social Media will include but not limited to:
South Africa
PNet, Careerjunction, Careers24, Indeed, LinkedIn, Facebook, Twitter, and industry-specific sites from time to time
UK
Monster, Reed, Jobsite, Totaljobs, CV-Library, Indeed, LinkedIn, Facebook, Twitter, and industry-specific sites from time to time
3. Notifications and Fees
3.1 The Client agrees to pay the amount agreed as per the NTICE proposal. The Client may hire an unlimited number of candidates from the same campaign. Any additional campaigns will be charged at an agreed rate. (Tailored Packages have varying fees, as agreed in the proposal presented by NTICE). The Client is paying for the products and services provided by NTICE as a candidate attraction solution and cannot be held accountable for the success of a campaign leading to hire.
3.2 All fees are paid immediately on the engagement of our services unless an account has been opened for multiple vacancies over an extended contract period of 3 to 12 months.
3.3 In this case, an invoice will be issued with 30 days from invoice date payment terms. All fees are non-refundable.
3.3 The Company reserves the right to suspend the provision of Services if payment of invoices is received late.
4. Multiple Job Job Postings and Solutions bought
4.1 A job posted through NTICE will remain live for a minimum of 28 days or the duration the selected board provides. Any extension of this time will be charged to the Customer as a new posting/campaign.
4.2 The Client is entitled to 2 amendments per Job Posting/campaign throughout the life cycle of the campaign within the 28 days.
4.3 Any jobs/solutions required in addition to the agreed number of services per month, will be charged at a price per service agreed with the customer at the time of the contract negotiation. If no price has been negotiated, a flat fee will be charged for each service over the agreed number, the price will depend on the package.
4.4 If any Services to be used within any time period specified on the Proposal are not used within that period, these services may be carried over into any subsequent period, provided a new contract has been entered into for the extended period.
4.5 In the event that all agreed jobs/services are used up before the end of the contract period, the Customer will still be responsible for payment of the monthly installments for the remainder of the contract period as agreed in the contract.
4.6 Job adverts will go live within 24 hours after payment confirmation from the Client has been received unless the client entered into a contract period where the payment terms are 30 days. You will be notified by email when your job adverts have gone live.
5. Responses to applicants
5.1 The Company endeavors to ensure the suitability of any Applicant sent to the Client. By flagging we highlight the most suitable applicants responding to adverts. Notwithstanding this, the Client shall satisfy itself as to the suitability of the Applicant and shall take up any references provided by the Applicant before engaging such Applicant (Except for IGNITE where Ntice conducts the references).
5.2 You agree to deal fairly and professionally with individuals who may respond to an advertisement we have posted and not do anything which may bring NTICE or its ‘Services’ into disrepute. You will indemnify us from and against any claim brought by an individual against NTICE arising from your breach of this obligation or any other of these terms and conditions.
5.3 We do not guarantee any response to your advertisement or that response will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics. (unless otherwise agreed by the choice of solution chosen)
5.4 As part of NTICE’S commitment to getting customers the best possible response we reserve the right to amend some of the job details that you supply in order to optimize your advertisement.
6. Usage of software and Applicant Tracking System (ATS)
6.1 These service Terms and Conditions together with the signed Proposal Form (together “this agreement”) comprise the contract between you and us for the use of this Service.
6.2 Subject to these terms we hereby grant you a non-exclusive, non-transferable right to allow Authorised Users to use the then-current version of the applicable Service during the Service Period solely for your own business purposes (save as we may specify in the Proposal Form).
6.3 In relation to the Authorised Users, you undertake that:
6.3.1 the maximum number of Authorised Users you will authorise to access and use the Service shall not exceed the number of permitted users licenses as agreed by us from;
6.3.2 you will not allow any individual subscription to be used by more than one individual Authorised User.
6.3.3 if you exceed the permitted number of Authorised Users then you agree to pay us an amount equal to the underpayment.
6.4 You may agree with us, from time to time during the term of this Agreement, to purchase additional user licenses and we shall grant access to the Service to such additional Authorised Users in accordance with the provisions of this Agreement and the applicable fees shall be automatically increased.
6.5 In the event that you wish to integrate the operation of the Service with the operation of other software or systems used by you, you agree that you will request that we carry out such integration before carrying out the integration yourselves or requesting that any other party carries out the relevant integration. You also agree that we will be permitted to carry out such integration provided that we agree to do so at a reasonable cost and within a reasonable timescale. You also agree that whether or not we carry out the relevant integration, you will supply information relating to the relevant integration to us on request.
6.6 You acknowledge that all Intellectual Property Rights in the Software belongs and shall belong to us, and you shall have no rights in or to the Software other than the right to access the Service in accordance with the terms of this Agreement.
7. Warranty
7.1 Subject to the exceptions set out below and the limitations on our liability we warrant that we have the right power and authority to authorize access to the Service upon the terms and conditions of this agreement and that the Service will comply in material respects with its Functional Specification (as the same may be varied) during the Initial Term.
7.2 We do not warrant that the use of the Service will be uninterrupted or error-free.
7.3 The Service may be unavailable during:
7.3.1 planned maintenance carried out during our planned maintenance windows and
7.3.2 unscheduled maintenance performed outside normal business hours, provided that we have used reasonable endeavors to give you notice in advance.
7.4 You accept responsibility for the selection of the Service to achieve your intended results and acknowledge that the Service has not been developed to your specific requirements.
7.5 We will have no liability to remedy a breach of warranty where such breach arises as a result of any breach by you of the terms of this Agreement.
7.6 All other conditions, warranties, or other terms which might have effect between the parties or be implied or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties, or other terms as to the satisfactory quality, fitness or purpose or the use of reasonable skill and care.
8. Limitations of Liability
8.1 You agree that access to and use of Our Site is at your own risk and sole discretion.
8.2 Under no circumstances shall NTICE nor any of its subsidiaries or any third party involved in creating, producing, or delivering this site to be liable to you or the third party for any loss or damages whether direct, indirect, special, incidental, or consequential, including, without limitation, damages for any lost profits, lost savings, loss of data, costs, fees or expenses of any kind or nature whether caused by tort (including negligence) breach of contract or otherwise that may arise out of or relate to the information downloaded or obtained from or through this site or the use or inability to use the site, or any errors or omissions in the content thereof, even if foreseeable.
8.3 This does not affect our liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentations, nor any other liability which cannot be excluded or limited under applicable law.
8.4 Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so the above limitation or exclusion may not apply to you.
9. Confidentiality and Intellectual Property Right
9.1 The Company has represented itself as being fully competent to carry out this assignment at the highest levels of professionalism and the Client has accepted these representations as which will be relied upon for the purposes of managing all aspects of this assignment including the maintenance of confidentiality.
9.2 The contents of Our Site are protected by copyright and other intellectual property around the world. Unless otherwise stated, all the intellectual property rights in Our Site, including without limitation all artwork, pictures, images, graphics, text, materials, documents, RSS feeds, audio files, podcasts, video files, flash tutorials, graphics devices, and code contained in it on Our Site and the design, layout, look and appearance of Our Site are owned by us or our third-party providers. You are permitted to use and download such Materials or extracts from Our Site, subject to the following:
9.3 All product names, whether appearing in print or with the trademark symbol are trademarks belonging to us or our affiliates, related companies, or licensors (unless otherwise noted). The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
| Contract Duration | Notice period |
|---|---|
| Up to 3 months | 30 days |
| 3 to 6 months | 60 days |
| 6 – 12 months plus | 90 days |
If you have any questions or queries relating to these terms, please e-mail: enquiry@nticesearch.com