1. Terms of Use - Candidates

1.1. Terms

  • All Capital Recruit services that facilitate applications for employment are free of charge.
  • Certain ancillary products and services may attract a transaction fee that is payable at the execution of the transaction.
  • Your telephone or Cellular Service Provider will charge all telephone calls that you make to Capital Recruits telephony based facilities at their normal rates.

1.2. Conditions

  • You indemnify Capital Recruit against all claims, actions, suits, liabilities, costs and expenses incurred on any account as a result of the listing or intended listing of any resumé by you on www.capitalrecruit.co.za or any related career site, to the extent that applicable law allows.
  • Capital Recruit makes every effort to ensure that Applicant Data is treated in the strictest confidence, however, you will not hold Capital Recruit responsible if your resumé was unlawfully copied from the Capital Recruit website through nefarious means and/or distributed without consent.
  • Access to the candidate resumé database is available only to Capital Recruit’s customers. Such Capital Recruit customers may access the candidate resumé database solely for the purpose of identifying candidates whose work preferences for location, category, industry and occupation match the customers’ current vacancy advertisements with Capital Recruit. While Capital Recruit will make every effort to ensure that our customers adhere to this undertaking, you herewith indemnify Capital Recruit against wrongful conduct, of any kind, by Capital Recruit customers, to the furthest extent of the law.
  • While Capital Recruit will implement precautionary measures to ensure that the website is free from viruses, Capital Recruit cannot and does not 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. You are responsible for implementing sufficient protective software on your system that will satisfy your particular data security requirements and for maintaining a means external to your workstation for the reconstruction of any lost data.
  • You agree to take precautionary measures to ensure that your resumé on Capital Recruit is free from viruses or other destructive code.
  • Capital Recruit reserves the right to either reject or remove any resumé from its site(s) for any reason whatsoever.
  • You agree to present yourself truthfully in your resumés on Capital Recruit
  • Capital Recruit makes every effort to deliver applications to vacancies in the shortest possible time. You will however not hold Capital Recruit liable for any loss or damage as a result of any failure or delay in the delivery of an application for employment to an advertiser.
  • You agree, at all times, to deal with any information or products provided by Capital Recruit in a manner that abides by all applicable laws of South Africa, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
  • To the fullest extent permitted by law, Capital Recruit 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 Capital Recruit or its associates. Capital Recruit 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. Capital Recruit will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to your actions or omissions.
  • You agree to keep Capital Recruit and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against Capital Recruit as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by Capital Recruit to you, to the extent that applicable laws allow.
  • You may not assign or transfer your rights and obligations to any other person without Capital Recruits prior written approval (which will not be unreasonably withheld).
  • This agreement is governed by the laws of South Africa. You irrevocably and unconditionally submit 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.
  • Capital Recruit retains all intellectual property rights contained in the data stored on Capital Recruit and services provided by Capital Recruit, and you agree not to infringe any of Capital Recruits rights without Capital Recruits prior written consent. This includes the use of public domain information represented on Capital Recruit.
  • In order for all of our functionality to work correctly you will need to enable pop-ups for the Capital Recruit website.
  • You agree not to use the Capital Recruit infrastructure or technology to market any service to Capital Recruit.

2. Services we provide you with under this agreement

2.1. Services we provide you with under this agreement

  1. You may subscribe to frequent e-mail notifications through the Capital Recruit Platforms that will alert you about job offers or other services (“Notifications”) that Capital Recruit believes may be of interest or relevant for you. The assessment is based on information from your profile, on settings you have made yourself for notifications and/or on your search and your usage behaviour on the Capital Recruit Platforms. You can set up multiple notifications for different job-searches and services. Please note that if you no longer wish to receive notifications, you must unsubscribe from all notifications you have set up individually, in order to avoid deleting those notifications that you wish to continue to receive.
  2. If a registered User uses the platforms again after some time of inactivity, the User will start, according to Capital Recruit assessment, a new “Search Cycle”. In order to further ensure the usability of the Capital Recruit Platforms, we will continue to send the User regular e-mail notifications, to which the User has opted-in or subscribed.
  3. Based on empirical values and in-depth analysis of the careers of employees in their companies, Capital Recruit can identify an “Employee Life Cycle” for almost any User. The Employee Life Cycle describes the career path of a candidate within one or more companies, or his or her professional life. In order to optimize a candidate’s career planning, Capital Recruit may send relevant information on career development to registered users, that have not been active on the platforms in a while, by email or through their user account. Users may unsubscribe from this mailing list at any time.
  4. In order to ensure your authentication, i.e. to avoid unauthorised notification subscriptions on behalf of third parties, we will send you a confirmation e-mail after your first registration, in which we ask you to confirm your registration again by clicking a link in the e-mail. The authentication process is not required if you are logged in as a registered user and set up notifications for suitable job offers or services. Authentication by entering a password can in some cases also be skipped, if you click on the link provided in a notification to you (“soft-login”) and gives you the option of limited access to your account without prior login.
  5. With the creation of a user account for candidates (“user account”) you will automatically receive notifications related to your searches. Settings such as frequency, accuracy, or disabling all or some of your subscribed notifications can be adjusted in your account settings.

2.2. Services we provide you with under this agreement

As part of your user profile you can subscribe to various Newsletters we offer on different subjects. We may also send you email-newsletters regarding Capital Recruit Services which are similar to Capital Recruits Services that you already use, if you have not objected to such newsletters. You may at any time object to all of Capital Recruit’s newsletters free of charge. We will inform you about your right of objection when we collect your email-address and in the respective newsletter. Should you no longer wish to receive our email messages, please click the unsubscribe link located within each message. Additionally, you can view and change settings in your user account.

2.3. User Account

Certain services are only available for registered users of a user account. How to register for a user account is described in section 10 below.

2.4. Saved Job Offers

You can save job offers that you have viewed by clicking on the button provided for this purpose in the job offer. You can then access entries saved in this way in your user account. Capital Recruit can analyse your stored entries and, based on this analysis, can optimise and customise the services offered to you. At your option, Capital Recruit can remind you of your saved job offers by e-mail.

2.5. User Profile

You can create a personal profile (“user profile”) within your user account. You can add information to the profile that is related to your CV, as well as your own attachments, such as CV or certificates. If you upload attachments to complete your profile, we analyse their content and structure in an automated process and use this analysis to improve the services we provide to you. We also use the data you provide us with to recommend jobs on our platforms based on your profile data and tailored to your needs or to send you notifications as described in section 1 – Notifications. We may also use your profile data to automatically fill out forms for other services and that we offer on our platforms and which may be linked to the user profile, if you wish to use these services. Additionally, we use information stored in your profile to improve your search experience. We also store analytical data about you and your user behaviour, together with a pseudonymous user ID, in a statistical database, whereby you are not identifiable. 

In setting your profile visibility you will make it accessible to these recruiters and other candidates, including its contents. In doing so, you grant candidate-profile-customers access to your profile and its attachments (including a search and download function), as well as the date of your last activity. Candidate-profile-customers are Capital Recruit customers who have access to Capital Recruits candidate database or are otherwise authorised to use it or other services to fill vacant positions; they may be agencies or employers. We may also analyse your profile in order to actively present all or part of it to candidate-profile-customers. It is possible that Capital Recruits customers are located outside the Republic of South Africa or EU or the European Economic Area (“EEA”), which is why data may also be transferred to such third countries. If you set your profile to “be visible”, you grant candidate-profile-customers access (including a search and download function) to parts of your profile and its attachments, as well as the date of your last activity, and disclose this information to them. It is also possible that we analyse a partially active profile in order to actively present it to candidate-profile-customers. Since Capital Recruit customers from all over the world can access the Candidate Database, Capital Recruit customers may be located outside the Republic of South Africa and outside the EU or the European Economic Area (“EEA”), and therefore access and disclosure may also take place from and transfer to such third countries. All data that you have entered as part of your profile is fully accessible to candidate-profile-customers, unless you have blocked the company in your profile “Blocked Companies” section.

2.6. Storage Capacity

We do not guarantee or warrant any minimum storage capacity for your profile. We reserve the right to limit the data volume for data uploads temporarily or permanently, especially if this is necessary for technical or user-friendliness reasons, for example to maintain or optimise the service.

2.7. Applications through User Account

You can use your profile to apply for jobs offered on the Capital Recruit websites or in the apps, provided that the Capital Recruit-Customer has chosen to allow applications via the platform for the respective job offer. We use your profile data to automatically fill in certain fields of the application form and you may upload additional files. Once you have clicked on the respective button, we will store the data you entered in the application form on the Capital Recruit platform so that the respective customer can access it there. The Capital Recruit customer to whom you have applied will also have access to your profile and will be able to view the information you have entered in your profile. Since Capital Recruit-Customers from all over the world can post job offers on our platforms, it is possible that the respective customer is based outside the Republic of South Africa and outside the EU or the European Economic Area (“EEA”), and therefore access and disclosure may also take place from and transfer to such third countries.

2.8. Storage of CV Data in your Profile

Your application, including the respective attachments, will be stored within your user account in a history that you can access at any time. Depending on the service, you have the option of adding other CVs that you attach to further applications as an additional CV to your profile or replacing the existing CV. You will be informed of this possibility while applying and can add or replace a CV by clicking the corresponding button.

2.9. Modification and Discontinuation of Services

In order to balance the interests of users and Capital Recruit Customers, to ensure the usability of the platform and to adapt it to the conditions of the market, it is essential to continuously develop the Capital Recruit-Platforms. It is therefore possible that services may be modified or discontinued. The user has no legal claim to the continuation of a service, a display or the functionality of the platform. If you do not agree with a modification or discontinuation, your only remedy is to terminate this agreement according to section 12 and to refrain from using the Capital Recruit platforms.

2.10. Registration of User Profile

  1. If you want to register for and create a User Profile, you must provide a valid email address and a password to us, which we will store.
  2. After we received your application to create a User Profile we confirm the receipt of such application with a message to the email address provided by you. The agreement for your User Profile between you and us comes into effect when we activate your User Profile. The completion of the registration by you only constitutes an offer to enter into a contract. Capital Recruit reserves the right to accept or decline the conclusion of the contract in its own discretion. There is no right to claim a conclusion of a contract.
  3. You must provide the requested information and data completely and truthfully. You are responsible to keep your contact data up to date and to secure that you can be contacted under the address provided and that the email-address is not transferred to another person. Should any of the provided data change, you must adjust and correct the data immediately. In the event of incomplete or false information provided by you, Capital Recruit shall have the right, to block your account and the access to our platform temporarily or permanently and/or terminate in accordance with section 12 herein.
  4. Each User must only create one account. The account is not transferrable.
  5. Once the User creates a User Account it is permanently available for the User. However, the User can terminate this contract anytime and delete his Account via the Account setting or by contacting Capital Recruit. A User Account may however be deleted after a certain amount of being inactive. Capital Recruit also reserves the right to remove any duplicate, inactive accounts older than 6 months from our database, to ensure a good experience for our Capital Recruit customers.

2.11. No Warranty; Backup Copies

  1. We do not warrant the currency, accuracy, completeness, usability, suitability for a certain purpose of content on our Platforms. We also do not warrant for the conclusion of an employment contract between Users of our Platforms as applicants and an employer.
  2. Capital Recruit does not warrant that the Services offered by us are available at certain times or permanently. Disturbances, interruptions or possible downtimes of the (online) Service cannot be excluded. Because of technical or operational reasons, a temporary limitation of the availability is possible. This is especially possible with regard to the capacity limits, the security or integrity of the data processing systems or the implementation of technical measures, which are necessary for a regular or improved performance.
  3. Capital Recruit’s servers are backed up regularly and carefully. Nevertheless, data losses are not excluded. Insofar as you transmit or upload data – regardless of the form we advise you to make backup copies. This also applies to the event that you terminate your contract with us, because we don’t retain a copy of your data after the deletion, subject only to statutory storage obligations.

2.12. Term and Termination

  1. The agreement with you regarding the user account and the services provided under it as well as notifications regarding services under this agreement is made for an unlimited period of time. Either party may terminate this Agreement with immediate effect and without cause.
  2. If the agreement on the user account or notifications of services ends, we will delete your personal data that we have stored or store your data in anonymous form for analytical purposes, unless the processing is required by law and for another purpose.

2.13. Applicable Law, Place of Jurisdiction and Other Provisions

  1. This agreement and its interpretation shall be governed by South African law.
  2. If any provision of these Terms of Use is found to be invalid or unenforceable in whole or in part, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use. In such event, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision.
  3. You consent to the jurisdiction of the Magistrate’s Court of South Africa in respect of all disputes arising from or in connection with these terms and conditions. Despite this, Capital Recruit may institute proceedings in any other South African Court in which event it will not be limited to costs on the applicable Magistrates’ Court scale.

3. Terms and Conditions – Advertisers

3.1. Scope

  1. CRHR (PTY) Ltd (hereinafter referred to as “Capital Recruit”) and the business partners, mentioned in the respective contract (hereinafter referred to as “customer”), agree to fulfil the performance of their contract pursuant to these terms and conditions and the price list. Capital Recruit’s terms and conditions, together with the additional terms, the documents referred to therein and the price list contain the whole agreement between Capital Recruit and the customer. Any terms and conditions of the customer do not apply, unless Capital Recruit explicitly consents to them in writing, regardless of whether they represent a substantial amendment of the offer.
  2. The version of Capital Recruit terms and conditions in force at the time of the last concluded contract with the customer, shall apply to the relationship between Capital Recruit and the customer. These terms and conditions only apply to business customers and not to consumers.

3.2. Conclusion of Contract

  1. The contract is concluded when Capital Recruit receives the signed acceptance of the contract offer, which shall contain the date, company stamp or signature of the customer. Amendments and additions to the contract as well as statements and individual instructions must be made in writing. Conditioning out the written form requirement also requires written form. If Capital Recruit receives the acceptance of the contract offer after the end of a deadline for the offer, this shall be deemed a new offer made by the customer. The contract is then concluded by acceptance by Capital Recruit which will either be made explicitly in text form or implicitly by provision of the services.
  2. The contract between the parties shall come into effect when the customer avails itself of a service via Capital Recruit website. By clicking and accepting the terms and conditions, the customer submits to Capital Recruit an offer to enter into a contract. The customer then receives an automated e-mail via the specified e-mail address that confirms receipt of the order. This e-mail does not constitute binding acceptance of the order. Order acceptance is performed by way of a separate e-mail once payment has been confirmed.
  3. If the parties enter into a contract by telephone, the customer receives a written confirmation by e-mail including the terms and conditions agreed by telephone. No further declarations by the parties are required.
  4. A contract shall also come into effect if Capital Recruit receives a Capital Recruit order form signed by the customer by post, fax, e-mail or other electronic form or Capital Recruit provides written confirmation in a different form on the basis of the order form.

3.3. Description of Services

  1. The contract obliges Capital Recruit to provision the products and perform the services agreed upon in the contract, displayed at www.capitalrecruit.co.za or any related career site (“service elements”) in accordance with these terms and conditions. The publishing period in relation to access to application service provider products shall be at least 20 hrs per day. The description of services in our additional terms and conditions applies in addition.

  2. The contract entitles Capital Recruit to use customer data for trend analysis and surveys, however, results shall be published anonymously.

  3. Non-competition clauses are not accepted.

3.4. Remuneration

  1. Payment for the services performed by Capital Recruit is set out in the price list given to the customer. The price list published in the dated proposal at the time the offer was made to the customer shall prevail. Services that are not included in the Capital Recruit price list are subject to individual agreements between Capital Recruit and the customer.

3.5. Conditions of Payment

  1. Payment referred to in section 4, includes all additional costs such as e-mails, telephone calls, fax, data transmission, copies and postage which are usually incurred. Capital Recruit will inform the customer if the additional costs exceed the average amount in relation to individual orders. The customer is obliged to pay Capital Recruit for these additional costs if he has consented to them.
  2. If a service element contains an error, the first correction of the incorrect service element is free of charge provided that the error was not caused by the customer’s faulty performance. Thereafter every additional correction shall be charged for according to Capital Recruit’s price list valid at the time when the order for correction was made. However, if Capital Recruit makes a mistake in the first correction, the first additional correction shall be free of charge.

  3. The customer will be invoiced immediately upon conclusion of contract unless otherwise expressly agreed in writing. Capital Recruit reserves the right to demand advance payment. Payment is due as per “Payment Terms” stated in the accepted proposal, without deductions.

    When a default in payment or a deferment of payment has occurred interest will be charged at the rate of 9% above the REPO Rate of the Reserve Bank of South Africa and collection costs will also be charged. In the event of a default in payment, Capital Recruit can suspend further performance of the contract until the payment has been made in full. This shall not apply if the customer is entitled to assert a right of retention. If the parties agreed on payment by instalments, and an instalment is not paid 30 days after the due date, the whole of the remaining amount shall become payable immediately.

  4. All prices exclude any VAT legally payable on the date of the invoice.

  5. If payment is made from abroad, payment by bank transfer from abroad will only be accepted if all bank fees and expenses are paid by the customer.

  6. Any payments made by the customer will be credited against the oldest outstanding invoice. Capital Recruit may refuse to fulfil its services until customer has made all outstanding payments.

  7. We reserve the right to send all invoices and correspondence in relation to invoices such as but not limited to dunning letters only as an attachment in an email. On that account, the customer undertakes to provide Capital Recruit with a valid email address and to promptly inform Capital Recruit of any changes in email address.
  8. We also reserve the right to use debt collection companies and the right to provide them with the required information to collect the payment. We reserve the right to claim the costs resulting from the legal action from you.

3.6. The Basis of Cooperation

  1. Capital Recruit is committed to continually optimising the number of responses to advertisements of the customer and to improving the quality and quantity of the searchable applications. This includes:

      • Working together with several cooperation partners in all media (including online, offline, TV, mobile and moving pictures media and any new forms of exploitation). The customer hereby gives Capital Recruit the right to publish service elements without prior notice in online and offline media, print media and audio and video media. Capital Recruit pays special attention to the image and quality of its cooperation partners:

      • Ensuring a user-friendly readability on all devices by optimising the display of advertisements.
  2. The customer’s rights under this contract are neither transferable nor assignable. The contract can only be transferred to a third party with Capital Recruit’s consent.
  3. As far as Capital Recruit has obtained the customer’s email address in connection with an order, Capital Recruit may, also after the end of the contract, send information, questionnaires and other commercial communication concerning similar services provided by Capital Recruit via email. The customer may opt-out at any time with effect for the future without any form requirements and free of charge. Capital Recruit will inform about the right to opt-out in every email.
  4. The customer undertakes to provide all information and other documentation required for achieving the objectives set out in the contract. This includes, in particular, the delivery of advertisement texts and layouts in a digital form. This also includes the customer’s obligation to immediately inform Capital Recruit if one of the service elements becomes outdated. Furthermore, the customer is obliged to fulfil the requirement to co-operate as described in the corresponding additional terms and conditions or, when available, as described in the product descriptions for the various service elements. If these requirements are not fulfilled in time, Capital Recruit’s period of performance shall be prolonged accordingly.
  5. The customer shall ensure that he receives emails from Capital Recruit unobstructed and will set Capital Recruit as “trusted server”. This shall avoid that online applications, which are sent through Capital Recruits’s online application form, are filtered by customer’s spam filters. The same applies to correspondence under this agreement.
  6. Capital Recruit reserves the right to not execute orders placed by the customer or to withdraw service elements that have already been published if they breach legal provisions, official regulations, the rights of third parties or good morals or the terms and conditions of Capital Recruit (“illegal content”). This also applies if links included in the customer’s service elements lead directly or indirectly to pages containing illegal content. The customer’s payment obligation remains unaffected. Capital Recruit shall only be obliged to remove illegal content that breaches legal provisions and/or at the request of the customer. The customer undertakes to indemnify Capital Recruit and hold Capital Recruit harmless against all payments and legal costs incurred due to illegal content or breach of law on first demand.

  7. In particular this includes following content:

      • If a self-employed or freelance job is posted, it must be made explicitly that the job is self-employed or freelance.
      • If the candidate has to make payments or investments (including training and/or travel fees), this must be made explicitly clear in the service element. The same applies where a commission is paid for the attraction of new members to a closed system.
      • Service elements must refer to a specific vacant position or job.
      • Ads for club memberships and ponzi schemes, pyramid sales or similar are not allowed. Websites that are linked to, must comply with legal requirements, and must in particular have a section that contains the legal information needed in accordance with South African statutory and case law.
      • Service elements must not violate anti-discrimination law.
      • Even if the aforesaid requirements are met no content must be published beside the content related to the position or job that is irrelevant to the job search, such as e.g. competitions, events without career relevance, mere sales campaigns etc.

    If these requirements are not fulfilled the content shall be deemed Illegal Content as per clause 6.6.

  8. Capital Recruit bears no responsibility for received data, texts for advertisements or the corresponding storage media, and in particular is not obliged to preserve or return these items to the customer. The customer is responsible for compliance with the applicable statutory provisions relating to the content it supplies. The customer further warrants that the content of the adverts breaches neither any statutory prohibitions nor third-party rights.
  9. Capital Recruit is entitled to use vicarious agents.
  10. The customer is responsible for configuring and arranging his infrastructure in accordance with the prevailing state of the art so that it becomes neither a target nor a source of disruptions that could affect the Internet service supplied by Capital Recruit or trouble and fault free network operation in general.
  11. The customer guarantees that all of his content or parts thereof published by him on the Internet or given to Capital Recruit for publication are not encumbered by third party rights. The customer shall indemnify Capital Recruit and hold Capital Recruit harmless against any damage Capital Recruit suffers from an infringement of this provision by the customer on first demand.
  12. For job service elements that are published or used at websites that are not operated by CRHR (PTY) Ltd additional requirements and restrictions may apply. Please be informed that in other countries certain additional requirements and restrictions may apply. These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by CRHR (PTY) Ltd are provided upon request.

3.7. Intellectual Property Rights

  1. This contract does not transfer any (intellectual) property right, license or right of use from Capital Recruit to the customer. All of Capital Recuit’s rights (including but not limited to copyright, trademark rights, sui generis database rights, logos, titles as well as any other commercial rights) remain Capital Recruit’s (intellectual) property without restriction.
  2. All material and content published by Capital Recruit is subject to Capital Recruit’s intellectual property rights (copyright, trademark rights and sui generis database rights), except for the individual elements of such material and content designed by the customer or a third party that are already subject to a customer’s or third party’s intellectual property rights and that have not been modified/revised by Capital Recruit.
  3. By placing the order for publishing job listings on the Internet, obtains the sole database right to the customer’s job listings published in the database by Capital Recruit.
  4. The customer is responsible for ensuring that the content to be published complies with press law, competition law, data protection law and other applicable provisions and rules intended for publication that it provides.
  5. By placing the order, the customer warrants and guarantees that he has obtained all necessary exploitation rights, copyrights and ancillary copyrights that are required for the publication of his data and content on the Internet.

3.8. Warranty, Malperformance

  1. Capital Recruit warrants that it will fulfil the services ordered by the customer to be rendered by Capital Recruit on the Internet in a manner that complies with usual technical standards.
  2. Warranty claims shall neither exist in case of immaterial deviations from the agreed quality nor in case of immaterial impairment of the usability. The customer shall notify possible defects in writing immediately and at the latest 7 days after the service elements have been put on the Internet. If Capital Recruit is liable for a defect of a service element, Capital Recruit shall initially correct the defect by displaying the service elements for a longer period. Only if this measure fails, the customer is entitled to claim a price reduction for that specific element. Upon Capital Recruit’s request the customer must inform us within a reasonable period if he insists on the delivery of the services or if and what other rights he claims because of the delayed services.
  3. All liability claims shall become time-barred after one year of the date on which the customer was aware or should have been aware without gross negligence of the customer giving rise to such claim.

3.9. Liability

  1. Capital Recruit shall be liable for damages – irrespectively of their legal basis – in case of gross negligence and intent as well as for damages because of death, injuries of the body or health, if Capital Recruit has fraudulently concealed a defect or guaranteed its absence as well as for claims under product liability law. In other cases Capital Recruit shall only be liable for damages resulting from the violation of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, in this case the liability is limited to usual damages foreseeable under the contract.
  2. In case of a violation of Capital Recruit’s obligations that is not a defect; the customer may only withdraw from or terminate the agreement if Capital Recruit is responsible.
  3. If a claim is raised against the customer by a third party because of an alleged infringement of patents, copyrights, trademarks or business secrets because of a service provided by Capital Recruit (“IPR-infringement”), Capital Recruit shall indemnify the customer from all costs (including reasonable costs for legal defence) and claims that occur to the customer due to final decisions of a competent court or any settlement agreement entered into by Capital Recruit, provided that (i) the IPR-infringement has not been caused by the customer, e.g. in case of publication of illegal content as per clause 6.6, (ii) Capital Recruit remains the full control in defending any claims because of an IPR-infringement and (iii) the customer provides reasonable support and all information to enable Capital Recruit to fulfil its obligations hereunder. The indemnification in this clause shall not apply for any measures or declarations that have been made without Capital Recruit’s prior approval and shall not apply if the customer continues an IPR-Infringement after he has been informed of changes or modifications that would have avoided an infringement. If an IPR-Infringement is determined by a competent court or if Capital Recruit considers an IPR-Infringement possible, Capital Recruit may in its discretion either (i) at its own expense replace or modify its services so that no IPR is breached, (ii) obtain an exploitation right to use the IPR for the customer or (iii) if measures according to (i) and (ii) are not reasonable or possible, terminate the agreement with immediate effect. The customer shall immediately inform Capital Recruit in writing if it becomes aware of such breaches of third party IPR.

3.10. Confidentiality and Data Protection

  1. Both parties shall treat as confidential all information delivered pursuant to this contract which is marked confidential or if this arises from the nature of the information. This obligation shall also continue after this contract has expired.

  2. Upon accepting the offer, both parties agree to mutually comply with all applicable privacy and data protection laws.

  3. The customer is advised in accordance with data protection laws that Capital Recruit stores its data in a machine-readable form and uses it according to the purposes of this contract.

  4. It is the customer’s responsibility to treat any ID, password or username or other security device provided for the use of the services with due diligence and due care and to take all necessary steps to ensure that they are kept confidential, secure, are used properly and are not disclosed to unauthorized persons. The customer will be held responsible for any usage of his password or his username by third parties unless the customer provides evidence that the access to such password or username by such third parties has not been enabled by him and that the cause of any such access attained does not lie within his sphere of influence. The customer must immediately inform Capital Recruit if it is likely or has become known that someone not authorized is using his password or username or if they are being or are likely to be used in any unauthorized way. In the event of a breach of any material obligations of the customer under this contract, in particular including but not limited to the infringement of any obligation described in this section, Capital Recruit is entitled to immediately interrupt the operation of its services without further notice and without releasing the customer from any payment obligations.
  5. In the context of the use of the video interview service, Capital Recruit processes personal information on the customer’s behalf within the meaning of chapter 1, section 1 of the Protection of Personal Information Act (“POPIA”) as an operator. Therefore the customer is the responsible party of the personal information pursuant to chapter 1, section 1 POPIA. The contract to process personal information on customer’s behalf from chapter Data Processing Addendum (DPA) of these terms and conditions apply in this respect.
  6. If the customer uses its own application tracking system (“ATS”) and selects the option in which applications are transferred directly to customer’s ATS through its website, the customer is the sole responsible party with respect to candidates’ personal information. Capital Recruit does not process any personal information on behalf of the customer or the other way around. Capital Recruit also has personal information about the candidate who applies, but this is due to a contract between the candidate as a registered user of our platform, which contains different career-related services, such as the possibility of application management. In terms of data protection law, the aforementioned reflects a “controller-to-controller relationship”, where no further contract is required.
    In the case that the customer selects the usage of the standardised application form operated by Capital Recruit on its platforms, Capital Recruit forwards (and therefore processes) the candidate’s application to the customer to fulfil its contractual obligation towards the customer. Capital Recruit therefore processes personal information on behalf of the customer as an Operator as defined in Section 1 of the Protection of Personal Information Act, 2013 (“POPIA”). In accordance with the POPIA a written contract is required to be in place when a third party processes personal information on behalf of the Responsible Party (Section 21 (1) POPIA) and which addresses Section 20 and 21 of the POPIA. The contract to process personal information on the customer’s behalf from chapter Data Processing Addendum (DPA) of these terms and conditions apply in this respect.
  7. In the context of the use of the Application Tracking System, the customer uses a system operated by Capital Recruit, to manage its candidates and automate its recruitment. Therefore, the customer is the responsible party for the personal information, processed within the ATS, provided by Capital Recruit, which is the Operator in the meaning of Section 1, 21 (1) POPIA. The contract to process personal information on the customer’s behalf from chapter Data Processing Addendum (DPA) of these terms and conditions apply in this respect.
  8. Where the customer uses the Recruiter Space to process a candidate’s application, Capital Recruit processes the candidate’s personal information within the scope of Section 1 POPIA. The processing of the candidate’s personal information within the candidate’s user profile is based on a contract between the candidate and Capital Recruit. Capital Recruit cannot process a candidate’s data at the direction of only the candidate or the customer. Since Capital Recruit and the customer process the candidate’s (personal) information on Capital Recruit’s platform, Capital Recruit and the customer are jointly responsible according to Section 1 POPIA. Chapter Joint Controllership Addendum of these terms and conditions applies, since Capital Recruit and the customer process the candidate’s personal data in conjunction and there is joint controllership.

3.11. Cease and desist undertakings or court orders

  1. If the customer has received a cease and desist letter due to a product published at Capital Recruit, gave an undertaking to cease and desist from certain advertisement (- content) or if a respective court order, judgement or any other court decision has been served, the customer is required to inform Capital Recruit immediately in writing about this. If the customer fails to inform Capital Recruit, Capital Recruit shall not be liable. The customer shall then be required to indemnify Capital Recruit on first demand against claims of third parties and shall hold Capital Recruit harmless from any eventual damages.

3.12. Term

  1. This agreement shall be take effect at the point of the conclusion of the contract unless an agreement to the contrary has been made. This contract terminates automatically after the agreed period has expired unless the additional terms and conditions set out below contain different provisions.
  2. Service elements can only be ordered during the agreed contractual period. The customer’s right to order service elements that have not been claimed before the termination of the contract shall end with the termination of the contractual period.

4. Additional terms and conditions

Advertisements

4.1. Description of services

  1. These additional terms and conditions for job listings, banners and company presentations (“advertisements”) apply in addition to our general terms and conditions and prevail in case of doubt. Capital Recruit shall publish advertisements on the Internet on behalf of the customer in HTML format. The advertisements may embed GIF, JPEG, PDF or PNG files. Other graphical formats and embedded files are not possible.

  2. The content to be published must comply with following requirements; otherwise they are considered as illegal content with the consequences as per clause 6.6 of Pnet’s general terms and conditions:
      • Within a job ad only links to the contracted company’s online presence are allowed.
      • Text references and/or links within a job ad to further job offers that are not published at Capital Recruit are not permitted. This includes the vacant jobs section at the customer’s website.
      • The request for unsolicited job applications is not permitted.
      • Links to competitors of Capital Recruit are not allowed unless the customer itself is a competitor of Capital Recruit and links to its own online presence.
      • All content of a job ad must be directly visible to the user. Unless explicitly offered by Capital Recruit as part of certain advertisements, interactive elements, which are controlled by e.g. clicks or mouse over, and the Customer’s own tracking codes are not permitted. In any case links which lead to external pages must be designed in such way that it is perceivable that they link to external pages.
      • Links are permitted only as “no follow” links, i.e. they must be set in such way they are not used by search engines to evaluate the link popularity.
      • All content of a job ad as must be handed over to Capital Recruit and must not include frames or any other forms of download via other servers.
      • Taking any influence outside the options provided by Capital Recruit (indexing and categorization, title and visible text of the ad) is not permitted. This includes in particular without being limited thereto invisible texts (e.g. white text in front of white background, text behind a picture, use of a CSS to conceal text, use of font size 0) and invisible links.
      • Indexing and categorization, title and visible text of the ad must relate to the position offered in the ad.
      • A job advertisement must contain the company name and a description of the company, a job description, a profile of requirements, the place of work and a way to apply, unless otherwise contracted with Capital Recruit.
      • The job description must not refer to different jobs. It must contain the job title and describe the job and tasks. The job description must describe the vacant job correctly and must not be misleading. The advertised job must not be amended during the term of publication, additional places of work may not be added during the term of publication. In case of non-compliance Capital Recruit reserves the right to charge an additional amount subsequently instead of the consequences as per clause 6.6 of the general terms and conditions.
      • A job advertisement may not be published in different language versions and all content needs to be published in English.
      • Job advertisements placed on the site must be accessible and available for the candidates to review and apply. If Capital Recruit becomes aware that the job advertisement is no longer in existence or is not available for the candidates to access, Capital Recruit reserves the right to remove the job advertisement from the job board without any prior notification to the customer. This will include if the job advertisement is within the agreed term specified in the contract and it is no longer in existence, Capital Recruit will remove the job advertisement immediately.
  3. Capital Recruit is allowed, but not required, to publish advertisements on websites owned and operated by Capital Recruit and directed towards certain professional categories (“Channels”) and may refuse publication on Channels in its sole discretion. In addition, Capital Recruit is entitled, but not obliged, to publish advertisements in other media, offline or online or by print or to distribute advertisements to third parties for further publishing. Capital Recruit cooperates with media partners for this purpose, and hosts the Capital Recruit job board or parts thereof at further URLs without requesting prior approval from the customer. A list of cooperating media partners can be requested from Capital Recruit. The publication in other media or with cooperation partners, e.g. in case of mobile optimized ads, may be made in a different and/or standardized layout. Capital Recruit will not charge any additional fees for such additional performance.
  4. The customer is aware that content published on the internet is crawled by search engines such as google and others and that these search engines archive the published content. Capital Recruit will set a meta tag of the job ad that the job ads shall not be archived. If an ad is still archived by a search engine Capital Recruit shall not be liable and any requests for the deletion shall be made to the search engine.
  5. Capital Recruit reserves the right to convert the display of job ads in order to improve the listing quality across all devices.
  6. The above description of services is comprehensive.
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4.2. Duration of Publication

  1. Unless otherwise agreed, a job listing or job advertisement is displayed for a period of 30 days, a banner for a period of 7 days. After the period for which a job listing is placed, the display of it can be prolonged for 30 days as long as the prolongation happens within the contractual term. The display prolongation is considered a new placement of the job listing (for a fee). In case of a quota agreement, unspent credits can be used for the placement of the job listing.
  2. Users with a personal Capital Recruit account can store job listings in their personal Capital Recruit account for up to 2years. The stored job listings will be accessible beyond the actual contract period in accordance with number 2.1 for these users.

4.3. Offers that are subject to change: International Deals, free services, job ads for training and internships

  1. Offers and rates for international deals are subject to change until the specific advertisement is placed and depend on Capital Recruit’s continued cooperation with its cooperation partners in the respective countries. A change of Capital Recruit’s conditions for international deals does not entitle the customer to terminate framework agreements.
  2. In its sole discretion, Capital Recruit may offer certain services free of charge from time to time to specific conditions. All services free of charge are subject to change and can be suspended or terminated by Capital Recruit at any time. The customer cannot claim continued fulfilment of services free of charge.
  3. The placement of advertisements for training and internship contracts is provided in accordance with clause 4.2 as self-service.

4.4. Miscellaneous

  1. The customer is advised and agrees that Capital Recruit cannot prevent the unapproved publication of job listings by third parties. Capital Recruit shall however, subject to technical and legal limitations, use its best efforts to prevent such unapproved publication. The customer agrees thereto.
  2. The customer shall hereby assign to Capital Recruit any rights in the ownership of a database that may exist with respect to any multiple advertisements delivered to Capital Recruit for publication. In particular, the customer acknowledges that Capital Recruit is the producer of the database of such job listings and has the sole database right to the customer’s job listings published in the database by Capital Recruit.
  3. An offer from Capital Recruit for a price lower than the price mentioned in the price list is only valid in relation to the specific customer and under the specific conditions such an offer was made by Capital Recruit. It is not valid for a customer who wants a third party, for example, an agency to act on his behalf.

  4. The transfer of an advertisement agreement (“reselling”) to a third party requires Capital Recruit’s prior consent.

  5. Four bottom advertisement banners are displayed at the bottom of the site (place of advertisement: left, centred and right). The customer cannot claim a specific place of publication for the advertisement banner, unless the customer has selected the “Featured Recruiter” position which is always left-aligned and larger than the normal banners. Places of advertisement are set by rotation. That means the customer shares the place of advertisement with other advertisements. All advertisements are displayed for a predefined, recurring time period until the end of the term.
  6. Capital Recruit continually endeavours to optimize the search results at www.capitalrecruit.co.za or any related career site, having the goal to achieve optimal results for customers. As far as the categorisation of advertisements is done by the customer, the customer is obliged to do these in a correct and reasonable way. Capital Recruit reserves the right to amend the categorisation in its discretion. The customer cannot claim publication of his advertisements in specific categories selected by him.

  7. “Apply now” linking’s are displayed on the site when calling up job ads on Capital Recruit’s job board. By clicking on the “Apply now” button, a stored job application form pops up where candidates can fill in their contact details, attach their CV and other application documents. Capital Recruit’s mobile-optimised job application form will automatically display when calling up job ads via mobile devices.

  8. Capital Recruit uses a specific layout for the cross-device optimized display of job ads. Therefore Capital Recruit converts job ads from any layout automatically in an optimised structure of content for cross-device readability without charging additional fees.

Certain Advertisements

  1. These additional terms and conditions for certain advertisements apply to the advertisement products defined in section 1 below (collectively referred to as “Certain advertisements”) and apply in addition to our general terms and conditions and the additional terms and conditions advertisements and prevail in case of doubt. The applicability of the general terms and conditions and the additional terms and conditions advertisements to other products remains unaffected. Capital Recruit shall on behalf of the customer, publish a presentation of the customer provided by customer in form of a “Featured-Employer”-banner and Premium Job (hereinafter referred to as “Company Ad”) on the Internet.

1. Description of Service

The following descriptions of services are an exhaustive description of the services owed by Capital Recruit. No further functionalities or services are owed.