1. Access to VJOBS on http://www.VJOBS.co.za
1.1 The subscription to VJOBS (at www.VJOBS.co.za) will be FREE of charge on a trial
basis until 31 December 2011. VJOBS reserves the right at any time to charge for
access to and use of the VJOBS website by giving the client 7 written calendar day's
notice of such intention. Access to VJOBS will be billed based on the subscription
details which appear below.
1.2 All user activity on the VJOBS system is based on a system of point consumption.
This allows for effective management reporting and reconciliation of usage.
1.3 Upon initial registration as a new VJOBS client, the client will be issued with
unlimited FREE points which shall be valid and spendable until 31 December 2011.
From 1 January 2011, VJOBS shall bill clients monthly for access to the system.
VJOBS reserves the right to charge for access to the system at an earlier date should
it be deemed necessary. As and when VJOBS elects to charge the customer for use
of the VJOBS website by giving 7 calendar days written notice, points will need
to be purchased and VJOBS shall discuss the revenue details with the customer 7
days prior. VJOBS will fully disclose to the customer the cost options including
all terms and conditions stated therein as well as all costs that the customer will
incur on a transparent basis.
1.4 All allocated points are not redeemable for cash under any circumstances. Points
are not transferrable. Points shall churn and expire after 12 months.
1.5 The client shall have the right to cancel this agreement with 30 days written
notice during the trial period or once billing has commenced.
1.6 All points allocated during the free trial period will be forfeited once the
payment options are instituted by VJOBS and the customer consents to this.
1.7 All subscription charges are to be paid via debit order instruction monthly
in advance.
1.8 The client instructs Iveri ("Iveri") as authorized agent for Virtual Human Capital
(Pty) Limited ("VJOBS") to withdraw the amounts due by the client to VJOBS from
the account given above until such time that the client gives 30 days notice to
VJOBS in writing to cancel the debit order.
1.9 If the amount due is increased, Iveri is authorized to increase its withdrawal
accordingly. All withdrawals will be made in the first week of every month. The
client undertakes to ensure that adequate funds are available in the above bank
account to cover the amount due in terms of this agreement.
1.10 The client accepts liability for any service fees and acknowledges that this
debit order authorization does not relieve it of its obligation to pay the amounts
due to VJOBS, by debit order or otherwise.
2. GRANTING OF LICENSE
2.1 VJOBS grants the client a license to access and use the VJOBS Online Web services
(the "system") on its website at www.VJOBS.co.za (the "website") at any time.
2.2 The use of a license by a client who is a business is restricted to the authorized
personnel at a single geographical location of the client's business, or in the
respect of an individual, to the individual.
2.3 This agreement and the license and rights it grants to the client may not be
ceded, assigned, leased, rented, sublicensed or otherwise transferred by the client
to a third party, without the prior written authority of VJOBS.
3. ACCESS TO AND USE OF THE VJOBS SYSTEM
3.1 The client may not use the database for, or in connection with, any unlawful
or unauthorized purpose. The data obtained by the client from the system may not
be disseminated in any form for any use by any third party.
3.2 VJOBS will provide the client with a facility to create its own password/s that
enables the client to access the VJOBS Web Application. The client agrees to keep
its password/s confidential and not to allow any third party to have knowledge of
or use of them.
3.3 The client acknowledges and agrees that VJOBS may implement technical measures
that permit VJOBS to verify the client's compliance with the terms of this agreement.
The client's right to access the system ends upon termination of this agreement
for any reason whatsoever.
3.4 The client undertakes to ensure that access rights for staff who leave its employ
are immediately disabled through VJOBS's support systems.
4. SUBSCRIPTION PERIODS AND FEES
4.1 Duration: 12 months
4.2 Fees: R 570.00 access fee per company per month (Only applies once billing cycle
is started, after the FREE trial period)
4.3 VJOBS reserves the right to increase subscription fees annually. The client
shall be notified and fees fully disclosed of any such changes with 7 calendar days
written notice.
4.4 Any increase will take effect from the date on which a client's subscription
is renewed and the client will be notified via email 1 (one) month prior to the
increase taking effect.
4.5 "Reconnection fee" means the fee (R 500.00 Excl. VAT; free of charge during
trial period until 30 September 2011), which may be charged if the service has been
deactivated due to non payment or cancellation.
4.6 Should the customer enter into a fixed term agreement with VJOBS, VJOBS will
notify the customer not less than 40 business days prior to expiry of the fixed-term
agreement of the impending expiry including notice of any material changes that
would apply if the agreement is to be renewed beyond the expiry date. And the options
available to the customer should they choose to renew. Upon expiry of the fixed
term contract it will be automatically continued on a month to month basis, unless
the customer directs VJOBS to terminate the agreement on the expiry date or agrees
to the renewal of the agreement for a further fixed term.
5. PAYMENT TERMS (once fee structure is implemented only)
5.1 The client is liable to pay the subscription fee applicable based on the user
and company information submitted by the client in this agreement.
5.2 Access to the system will only be granted once proof of first month's payment
debit order has been received. Thereafter subscription fees are payable in advance
by way of mandatory debit order, which will be set up by VJOBS, for the remaining
months. Should the client want immediate access for a pro rata period of a month,
then the clients first debit order on the first day of the following month will
include the pro rate debit order for the month pro rata as well as the payment in
advance of the first full months debit order.
5.3 Access to the system will be blocked if VJOBS has not received full payment
of the subscription fee, including clearances, within 7 days of Invoice being the
first of every month.
5.4 Any applicable sales or use taxes, as well as exchange fees and charges, shall
be for the client's account.
6. VJOBS SERVICES
The license entitles the client and its users to:
6.1 Access to the VJOBS web application;
6.2 Post an unlimited number of job related advertisements on a business profiled
advertisements page which will be reflected on VJOBS and VJOBS partner websites;
6.3 Receive responses online and allow short listing and saving of candidates to
client specific data bases within the client's user profile on the VJOBS system;
6.4 Generate client specific performance reports at any time; and
6.5 Operational support from VJOBS from Monday to Friday between 08h00 and 17h00
(excluding public holidays).
7. VJOBS SYSTEM AND INTERNET APPLICATION ACCESSIBILITY
7.1 The Client shall not have any claims against VJOBS, nor shall be entitled to
any reduction in subscription fees payable under this agreement, in the event that
the VJOBS system is not accessible as a result of:
7.1.1 Routine or planned maintenance;
7.1.2 Circumstances beyond the reasonable control of VJOBS (including without limitation,
the failure of hosted network infrastructures, including routers, switches and cabling
provided by Telkom and Internet Service Providers); and/or
7.1.3 Other downtime resulting in the system being unavailable, providing that such
downtime (other than downtime resulting from the circumstances contemplated by clause
6.1.1 and 6.1.2 above) shall not exceed 30 hours per month.
7.2 For the purpose of the above, downtime is measured from the time a fault is
logged by a client (provided that the fault is verified by VJOBS as arising from
the failure of the VJOBS server and/or supporting software), to the time that the
system is once again accessible to and data is capable of being transmitted and
received on the website by a client.
7.3 If downtime in any one month continues for a period of at least 24 consecutive
hours in excess of the maximum downtime referred to in clause 6.1.3 above, VJOBS
will, at the client's request, refund 5% of the client's monthly subscription fee
for each period of excess downtime, limited to 100% of the client's monthly fee.
Save for the aforesaid refund, the client shall not have any other remedy consequent
upon such excessive downtime.
8. LICENSE PERIOD
8.1 Subscriptions are based on this month by month contract agreement and thus do
not have an expiry date.
9. EARLY TERMINATION AND BREACH
9.1 Subscriptions may be cancelled upon 30 business day's written notice to VJOBS.
9.2 If the client fails to pay VJOBS a relevant outstanding amount within 7 days
of receipt of a written request from VJOBS to do so, VJOBS may cancel this agreement
without further notice to the client and the full amount of the subscription fee
for the remainder of the subscription period shall immediately become due and payable.
9.3 The client shall be liable for all collection costs, including legal fees on
an attorney and client scale, as well as collection fees and tracing fees.
9.4 VJOBS may provide any credit bureau with the client's information if the client
fails to make payment of any outstanding amount to VJOBS.
9.5 If the client fails to comply with the provisions of clause 2 of this agreement,
VJOBS may immediately cancel this agreement and claim the full amount of the subscription
fee for the remainder of the period as well as damages.
10. MISCELLANEOUS
10.1 VJOBS shall not be liable to the customer for any indirect or consequential
losses. The client's use of the website is undertaken entirely at the client's risk.
10.2 This is the whole agreement between the parties containing all of the express
terms agreed to between them regarding the license. No party may rely on any representation
that allegedly induced that party to enter into this agreement, unless the representation
is recorded herein.
10.3 No agreement varying, adding to, deleting from or cancelling this agreement
shall be effective unless in writing and signed by both parties.
10.4 No relaxation by VJOBS of its rights in terms of this agreement at any time
shall prejudice or be a waiver of its rights (unless it is a signed written waiver)
and it shall be entitled to exercise its rights thereafter as if such relaxation
had not taken place.
10.5 In the event of it being necessary for VJOBS to instruct its attorneys as a
result of any breach of these conditions by the client or to recover any amounts
owing by the client to VJOBS, the client agrees to pay for all legal cost on the
attorney and client scale inclusive of collection commission, tracing charges, validation
fees and stamp duties on any form of security VJOBS may require from the client.
10.6 The parties choose the physical addresses below as the addresses at which they
will accept service of all notices and legal process arising from this agreement.
The parties must notify each other of any changes to their contact details in writing
within 7 days of such change.
VJOBS is committed to be environmentally friendly and as such all communication
will be emailed which will include Invoices, Statements, Notices and General enquiries.