Terms and Conditions – Recruiter and Jobseeker
Terms and Conditions – Advertisers
JobTube (hereinafter referred to as “JobTube”) and the undersigned business partner (hereinafter referred to as “customer”) agree to fulfil the performance of their contract pursuant to these terms and conditions and the price list. JobTube’s terms and conditions, together with the additional terms and the price list contain the whole agreement between JobTube and the customer. Any terms and conditions of the customer do not apply, unless JobTube explicitly consents to them in writing.
The version of JobTube’s terms and conditions in force at the time of the last concluded contract with the customer, shall apply to the relationship between JobTube and the customer. These terms and conditions only apply to business customers and not to consumers.
The contract is concluded when JobTube 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 JobTube 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 JobTube which will either be made explicitly in text form or implicitly by provision of the services.
The contract obliges JobTube to provision the products and perform the services agreed upon in the contract, displayed at www.JobTube.co.za (“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.
The contract entitles JobTube to use customer data for trend analysis and surveys, however, results shall be published anonymously.
Non-competition clauses are not accepted.
Payment for the services performed by JobTube 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 customer shall prevail. Services that are not included in the JobTube price list are subject to individual agreements between JobTube and the customer.
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. The cost of corrections and proof-reading that have occurred as a result of the customer supplying incorrect data are not included. JobTube will inform the customer if the additional costs exceed the average amount in relation to individual orders. The customer is obliged to pay JobTube for these additional costs if he has consented to them.
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 JobTube’s price list valid at the time when the order for correction was made. However, if JobTube makes a mistake in the first correction, the first additional correction shall be free of charge
The customer will be invoiced immediately upon conclusion of contract unless otherwise expressly agreed in writing. JobTube 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, JobTube 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.
All prices exclude any VAT legally payable on the date of the invoice.
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.
Any payments made by the customer will be credited against the oldest outstanding invoice. JobTube may refuse to fulfil its services until customer has made all outstanding payments.
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 JobTube with a valid email address and to promptly inform JobTube of any changes in email address.
JobTube is committed to continually optimise the number of responses to advertisements of the customer and to improve the quality and quantity of the searchable applications. This includes:
The customer’s rights under this contract are neither transferable nor assignable. The contract can only be transferred to a third party with JobTube’s consent.
As far as JobTube has obtained the customer’s email address in connection with an order, JobTube may, also after the end of the contract, send information, questionnaires and other commercial communication concerning similar services provided by JobTube via email. The customer may opt out at any time with effect for the future without any form requirements and free of charge. JobTube will inform about the right to opt out in every email.
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 JobTube 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, JobTube’s period of performance shall be prolonged accordingly.
The customer shall ensure that he receives emails from JobTube unobstructed and will set JobTube as “trusted server”. This shall avoid that online applications, which are sent through JobTube’s online application form, are filtered by client’s spam filters. The same applies to correspondence under this agreement.
JobTube 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 JobTube (“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. JobTube 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 JobTube and hold JobTube harmless against all payments and legal costs incurred due to illegal content or breach of law on first demand.
In particular this includes following content:
If these requirements are not fulfilled the content shall be deemed Illegal Content as per clause 6.6.
JobTube 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.
JobTube is entitled to use vicarious agents.
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 which could affect the Internet service supplied by JobTube or trouble and fault free network operation in general.
The customer guarantees that all of his content or parts thereof published by him on the Internet or given to JobTube for publication are not encumbered by third party rights. The customer shall indemnify JobTube and hold JobTube harmless against any damage JobTube suffers from an infringement of this provision by the customer on first demand.
For job service elements that are published or used at websites that are not operated by JobTube PTY limited 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 JobTube PTY Limited are provided upon request.
This contract does not transfer any (intellectual) property right, license or right of use from JobTube to the customer. All of JobTube’s rights (including but not limited to copyright, trademark rights, sui generis database rights, logos, titles as well as any other commercial rights) remain JobTube’s (intellectual) property without restriction.
All material and content published by JobTube is subject to JobTube’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 JobTube.
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 JobTube.
The customer is responsible for ensuring that the content to be published complies with press law, competition law and other applicable provisions.
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.
JobTube warrants that it will fulfil the services ordered by the customer to be rendered by JobTube on the Internet in a manner that complies with usual technical standards.
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 JobTube’s is liable for a defect of a service element, JobTube 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 JobTube’s request the customer must inform JobTube 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.
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 client giving rise to such claim.
JobTube 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 JobTube has fraudulently concealed a defect or guaranteed its absence as well as for claims under product liability law. In other cases JobTube 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.
In case of a violation of JobTube’s obligations that is not a defect; the customer may only withdraw from or terminate the agreement if JobTube is responsible.
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 JobTube (“IPR-infringement”), JobTube shall indemnify the customer from all costs (including reasonable costs for legal defense) and claims that occur to the customer due to final decisions of a competent court or any settlement agreement entered into by JobTube, 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) JobTube 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 JobTube to fulfil its obligations hereunder. The indemnification in this clause shall not apply for any measures or declarations that have been made without JobTube’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 JobTube considers an IPR-Infringement possible, JobTube 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 client shall immediately inform JobTube in writing, if it becomes aware of such breaches of third party IPR.
JobTube shall treat as confidential all information delivered pursuant to this contract which is marked confidential. This obligation of JobTube shall also continue after this contract has expired.
Upon accepting the offer, both parties agree to mutually comply with all applicable privacy and data protection laws.
The customer is advised in accordance with data protection laws that JobTube stores its data in a machine readable form and uses it according to the purposes of this contract.
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 JobTube 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, JobTube is entitled to immediately interrupt the operation of its services without further notice and without releasing the customer from any payment obligations.
If the customer has received a cease and desist letter due to a product published at JobTube, 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 JobTube immediately in writing about this. If the customer fails to inform JobTube, JobTube shall not be liable. The customer shall then be required to indemnify JobTube on first demand against claims of third parties and shall hold JobTube harmless from any eventual damages.
This agreement shall be effective from the date on which JobTube receives a signed version of the contract. The term agreed therein shall also begin with reception of the signed contract, or if another commencement date is agreed upon, with such commencement date. This contract terminates automatically after the agreed period has expired, unless the additional terms and conditions set out below contain different provisions.
Service elements can only be ordered during the agreed contractual period. The client’s right to order service elements which have not been claimed before the termination of the contract shall end with the termination of the contractual period.
Additional terms and conditions
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. JobTube shall publish advertisements on the Internet on behalf of the customer in HTML format. The advertisements may embed GIF, JPEG or PNG files. Other graphical formats and embeddedfiles are not possible.
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 JobTube’s General Terms and Conditions:
JobTube is allowed, but not required, to publish advertisements on websites owned and operated by JobTube and directed towards certain professional categories (“Channels”) and may refuse publication on Channels in its sole discretion. In addition, JobTube 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. JobTube cooperates with media partners for this purpose, and hosts the JobTube 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 JobTube. 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. JobTube will not charge any additional fees for such additional performance.
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. JobTube 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 JobTube shall not be liable and any requests for deletion shall be made to the search engine.
JobTube reserves the right to convert the display of job ads in order to improve the listing quality across all devices.
The above description of services is comprehensive.
Unless otherwise agreed, a job listing 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.
Users with a personal JobTube account can store job listings in their personal JobTube account for up to 2yrs. The stored job listings will be accessible beyond the actual contract period in accordance with number 2.1 for these users.
Offers and rates for international deals are subject to change until the specific advertisement is placed and depend on JobTube’s continued cooperation with its cooperation partners in the respective countries. A change of JobTube’s conditions for international deals does not entitle the customer to terminate framework agreements.
In its sole discretion JobTube 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 JobTube at any time. The customer cannot claim continued fulfilment of services free of charge.
The placement of advertisements for training and internship contracts is provided in accordance with clause 4.2 as self-service.
The customer is advised and agrees that JobTube cannot prevent the unapproved publication of job listings by third parties. JobTube shall however, subject to technical and legal limitations, use its best efforts to prevent such unapproved publication. The customer agrees thereto.
The customer shall hereby assign to JobTube any rights in the ownership of a database that may exist with respect to any multiple advertisements delivered to JobTube for publication. In particular, the customer acknowledges that JobTube 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 JobTube.
An offer from JobTube 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 JobTube. It is not valid for a customer who wants a third party, for example, an agency to act on his behalf.
The transfer of an advertisement agreement (“reselling”) to a third party requires JobTube’s prior consent.
Four bottom advertisement banners are displayed at the bottom of the site (place of advertisement: left, centered and right). The customer cannot claim a specific place of publication for the advertisement banner, unless the client 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.
JobTube continually endeavors to optimize the search results at www.JobTube.co.za, having the goal to achieve optimal results for customers. As far as the categorization of advertisements is done by the customer, the customer is obliged to do these in a correct and reasonable way. JobTube reserves the right to amend the categorization in its discretion. The customer cannot claim publication of his advertisements in specific categories selected by him.
“Apply now” linking’s are displayed on the site when calling up job ads on JobTube’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. JobTube’s mobile optimized job application form will automatically display when calling up job ads via mobile devices.
JobTube uses a specific layout for the cross-device optimized display of job ads. Therefore JobTube converts job ads from any layout automatically in an optimized structure of content for cross-device readability without charging additional fees.
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. JobTube shall on behalf of the customer, publish a presentation of the customer provided by customer in form of a “Company of the week”-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 JobTube. No further functionalities or services are owed.
On behalf of the customer JobTube publishes a Featured Recruiter banner and a Premium Job (hereinafter “Company Ad”) provided by customer on the Internet. The Premium Job will be placed at a prominent position of one of the JobTube target group Channels. The Featured Recruiter Banner is published in one of the JobTube target group Channels. The Featured Recruiter Banner is not subject to rotation. At the JobTube target group Channels only one Featured Recruiter Banner will be published per Channel and an unlimited number of Premium Jobs will be published at 10 locations that are subject to rotation.
Job Agent Ad
On behalf of customer JobTube publishes an advertisement provided by customer in JobTube’s regularly released Job Agent (hereinafter referred to as “Job Agent Ad”). The Job Agent Ad consists of a text ad and an animated graphic banner. The text ad must not exceed 300 characters (including headers and spaces), the animated ad must not exceed 180×50 px/10 kb.
The Job Agent Ad will be published by JobTube under strict compliance with the legal requirement to clearly separate adverts from editorial content. The Job Agent Ad may contain a link to certain advertisement published by JobTube, an overview of advertisements published by JobTube, JobTube Company presentation or recruiting events at customer’s homepage.
Depending on the specific order and unless otherwise agreed, Job Agent Ads are published as follows:
Only one Job Agent Ad will be published per Job Ad.
The customer is obliged to provide any material for the advertisement completely and correctly at the time of booking, alternatively two days prior to the scheduled date of publication to JobTube at the latest. If the material is not provided to JobTube in time, completely and correctly, customer shall have no right to claim publication. JobTube’s right to payment remains unaffected. The customer is aware that the Job Agent is sent to subscribers only. Subscribers can register for the Job Agent for free, but they will only receive a Job Agent when at least one open position fits the subscribers’ profile. Subscribers can unsubscribe from the Job Agent and exclude specific senders, so that JobTube cannot guarantee a certain number of recipients.
On behalf of customer JobTube sends an email in customer’s individual layout to selected candidates from the JobTube CV-Database, which have explicitly consented to this kind of information (“Direct Mail”). The Direct mail may contain a specific job offer, an announcement of career events or a presentation of the customer including a link to open positions.
The customer is obliged to provide any material for the advertisement completely and correctly at the time of booking, alternatively two days prior to the scheduled date of publication to JobTube at the latest. If the material is not provided to JobTube in time, completely and correctly, customer shall have no right to claim publication. JobTube’s right to payment remains unaffected.
The customer is aware that the Direct Mail is sent to subscribers only. Subscribers can register for the Direct Mail, can unsubscribe and exclude specific senders, so that JobTube cannot guarantee a certain number of recipients.
The Skyscraper is published at the search results list or if specifically agreed at one of the JobTube’s target group Channels. The Skyscraper is created by JobTube in a standard layout in html. Creation as flash is not provided. Unless otherwise agreed, the Skyscraper will be published for a term of seven days. Only one Skyscraper is published per week. The Skyscraper is not subject to rotation.
The scope of services of Job-Widget is displaying customer’s job ads published on JobTube.co.za also on customer’s homepage by providing customer with a URL by JobTube. A successful integration requires the incorporation of the frame on customer’s homepage by customer. Customer’s job ads published on JobTube.co.za are automatically displayed on customer’s homepage.
The scope of services of Highlight Job is the color-coding of customer`s job ads in the list of results in order to accentuate those ads. The job ads are highlighted for the first seven days after being published on JobTube.co.za. The color-coding has no influence on the order of displayed job ad listings in the list of results.
On behalf of the Customer JobTube will send an email in a layout defined by JobTube to selected candidates from the JobTube CV database or to subscribers of the JobTube Job Agent, which explicitly consented to this kind of information (“E-Mail Push”).
The content of the E-Mail Push will be addressing an active Job ad which is placed on JobTube’s website for at least five further days to candidates that might fit to the job ad in JobTube’s view. The Direct Push will be sent to a maximum number of 500 candidates. JobTube does not guarantee any minimum number of recipients since the amount of potential addressees depends on the individual settings and information provided by the candidates.
JobTube endeavors to react as soon as possible to changes made by Facebook but cannot guarantee or warrant the functionality in case of changes by Facebook.
2 Offers subject to change
Except for the Individual Plus, due to the limited availability of the certain advertisements the customer cannot claim publication in a specific period. However, JobTube endeavors to respect the customer’s preferences as far as possible. In case of Job Agent Ads this is only possible if JobTube is informed of the desired date of publication – or in case of a change request the alternative date – five working days in advance. The customer shall normally be informed about the time of publication within three days, at the latest within one week after placing of the order.
At any time JobTube may change the position of the Image Ad within the website, of the Newsletter Ad within the Newsletter, of the Job Agent Ad within the Job Agent and of the Skyscraper within the website as well as the appearance of the respective frame. Due to legal reasons JobTube may also make amendments, including amendments to the content of certain advertisements, except for the Listing Plus, which is however subject to section 6.6. and 6.7 of the General Terms and Conditions of JobTube.
CV Database (DirectSearch Database)
These additional terms and conditions “CV Database (Search Database)” apply in addition to our general terms and conditions and prevail in case of doubt. JobTube operates databases on the Internet which contain CVs of jobseekers (“candidate”). Candidates can enter their profiles or CVs into the databases. By activating the CV the candidate publishes the CV either in anomyised form, i.e. without making personal data publicly accessible (“anonymous profile”), or in such a way that his personal data is directly accessible in the database (“public profile”). The customer, that orders an access to the CV database, may directly view public profiles and contact the candidates behind the profile and in case of anonymous profiles may, via the JobTube electronical system, send a contact request to the candidate behind the profile.
JobTube only grants access to the CV Database to customers for their own personal needs. No customer may forward access to the CV Database or anonymous profiles to third parties. It is not allowed to access the CV database for enticement of customers. No customer may place deep links from his own web site to the CV Database (“Deep Links”). JobTube reserves the right to take immediate legal action against any infringement of this clause without giving any prior warning notice.
The customer may make use of certain functionalities in the Search Database. The service does not include any data backup for the customer. Data may be removed or deleted from the back-office at any time without giving prior warning. Data will automatically be removed from the CV-Centre for data protection reasons as soon as a candidate deletes his CV from the Search Database. The CV Database must not be used for any purposes violating antidiscrimination law.
JobTube recognizes that its CLIENTs may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the CLIENT’s rights. Likewise, the CLIENT recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the CLIENT shall perform its obligations under these terms and conditions.
As individually agreed in the contract the customer has access to read a specific number of profiles in the CV database.
Candidates with anonymous profiles may block certain companies from accessing their profile. In such cases the respective customer cannot send a contact request to the candidate.
The customer warrants that he will comply with all legal provisions, third party rights and good morals. Clause 6(6) of the general terms and conditions shall prevail.
In particular, the customer warrants to not forwarding or otherwise communicating the personal data of candidates, to respect their confidentiality and to comply with all applicable data protection and privacy rules. JobTube recognizes that its CLIENTs may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the CLIENT’s rights. Likewise, the CLIENT recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the CLIENT shall perform its obligations under these terms and conditions.
The customer undertakes to indemnify JobTube against all losses, costs, claims, damages or other expenses that are caused by the customer, unless JobTube is responsible.
Candidates are responsible for completing their candidate Profiles. Therefore, JobTube does not warrant their completeness, correctness, accuracy or accessibility. JobTube does not warrant any degree of response.
The data of jobseekers registering on the JobTube sites (“candidates”) is strictly confidential and may only be stored, or used according to applicable data protection laws. The customer is only entitled to contact candidates for filling concrete vacancies. JobTube is entitled to block the account of the customer and withhold access to candidate data in cases of infringements by the customer.
The customer is advised that special terms apply to data transfers outside the Borders of the Republic of South Africa. Generally, such data transfers require the consent of the candidate – even if the transfer occurs within a corporate group.
The price and the details of invoicing are defined in the JobTube rate card or the customer’s contract.
As part of your use of the CV Database and upon every access to the CV Database we will collect and store the Corporate User ID (i.e. based on the user name we will store the identity of the specific user) and the Company ID (i.e. based on the specific user being part of a specific customer, the name of this customer). We also collect and store the scope of the individual use, i.e. which CVs have been accessed when.
The data collected and stored as per 4.1 will be used in order to avoid abusive use of the CV Database and thus to ensure a correct billing of the services. It will also be used in order to ensure and monitor that the CV Database operates properly at all times and in particular to be able to solve eventually occurring issues for specific customers so that the usage of the CV Database is enabled in its entire scope. Upon entering into the contract and when using the CV Database the customer and the specific user agree to the collection and use of the data in this scope.
Additionally, we will use the data collected as per 4.1 in strictly anonymized form in order to create statistics about the general behavior of the customers in the CV Database. This allows JobTube to design the CV Database in a more customer friendly way.
These additional terms JobTube Recruiter Space apply in addition to our general terms and conditions and prevail in case of doubt.
JobTube grants the non-exclusive, non-transferable right to use the JobTube Recruiter Space during the contractual period to the customer. JobTube shall provide the customer with the job listing tool JobTube Recruiter Space for 20 hours a day at http://www.JobTube.co.za/Recruiters/. The Recruiter Space enables the customer to edit and publish advertisements on his own. This description of services is considered to be an agreement of functionality and is comprehensive. No other functionalities are granted.
JobTube provides the customer with a user ID and a password for accessing the server. The customer may change his password at any time. Within the scope of his general responsibilities, the customer must ensure that his user ID and password can only be used by persons who are authorised to access the JobTube Recruiter Space. The customer is also obliged to consider any additional security criteria he has been informed about.
If an agency acts on behalf of a customer, the same provisions apply. JobTube will grant agencies access rights to the listings of their customers so that they have the possibility of administering listings and of placing new listings on behalf of their customers. For this purpose the agencies will be provided with access to statistics, current contractual data and old listings placed on behalf of the customer. To do so, the agency must obtain the prior approval of its customer and produce this to JobTube, if required by the latter. The agency shall be liable if a customer makes a claim against JobTube because of a potentially unauthorized dissemination of access rights and information.
If personal data is processed, the customer is obliged to comply with all applicable data protection regulations by concluding suitable agreements with his employees and/or by taking adequate organisational measures. This applies in particular to the collection, processing, editing, transfer and deletion of data. JobTube is entitled to store the personal data of the customer and may process this data within the scope of this contract.
Certain types of job advertisement can be ordered online from JobTube. These additional terms and conditions Online Ordering apply in addition to our general terms and conditions.
This description of services is exhaustive.
Contrary to JobTube’s general terms and conditions the mandatory written form shall not apply. Contractual declarations can validly be made by both parties without any formal requirements.
The contract is concluded, when JobTube accepts the customer’s order and receipts payment for said order. JobTube shall accept the order within 48hrs by email conformation. The confirmation of the reception of the order is generated automatically and shall not be considered an acceptance of the order.
The products and rates published at JobTube’s websites are subject to change. JobTube endeavors to publish correct products and rates at all times. JobTube shall be obliged to provide the products at the defined prices only after the customer has received JobTube’s acceptance of the order.
No agency commission is granted for Online Ordering.
JobTube reserves the right to provide service upon prepayment, only. Otherwise the customer may principally choose to pay via an alternative payment method after placing the order and receiving the invoice. Services will only be released after payment is receipted for the services.
JobTube grants refunds in accordance with statutory provisions.
Pursuant to local law JobTube informs the customer as follows:
In order to make an offer for a job advertisement contract the customer is taken through following technical steps:
JobTube provides technological means that help to identify and correct any errors entered before the order is placed. The most important element in the context of online ordering of job advertisements is the advertisement preview on each of the three pages of the application form.
The contract language is English.
JobTube will store the customer’s order. The customer will not have access to his online order.
On behalf of the customer JobTube publishes short videos that have been produced with the customer’s involvement containing information about customer and open positions on the Internet (“Video Ads”). These additional terms and conditions Video Ads apply in addition to our general terms and conditions and prevail in case of doubt
This description of services is comprehensive.
JobTube offers two types of Video Ads. On the one hand videos that are provided to JobTube by the customer (hereinafter referred to as “JobTube Videos”) and on the other hand such videos that are produced by Customer or Customer Agent for the customer (hereinafter referred to as “Cooperation-Videos”).
If the customer has produced the Video Ad he shall not be entitled to publish the Video Ad without JobTube’s prior approval, unless otherwise is agreed. JobTube may also use the Video Ad on websites of its cooperation partners worldwide.
Cooperation-Videos are produced and supplied by the customer.
JobTube publishes the Cooperation-Video or includes it in Video-Ads.
The customer warrants and guarantees that Cooperation-Videos will not contain any illegal content and its publication will not violate any applicable laws and will not infringe any third-party rights. Clause 6.5 of the general terms and conditions applies.
JobTube and customer agree that JobTube shall own (or shall be granted) the worldwide, exclusive copyright (or exploitation right) unrestricted in space and time in and to the JobTube-Videos for all existing forms of exploitation. This includes but is not limited to the right of reproduction, right of diffusion, right to broadcast and making available right.
JobTube may grant sublicenses.
After JobTube’s prior written approval, the customer may publish the JobTube-Videos at his website or at websites of its partners. JobTube will not unreasonably refuse the approval. JobTube may make the approval dependent on payment of an additional fee, unless the JobTube-Video was produced by the customer. The customer shall not be allowed to publish the JobTube-Video at other jobboards.
The customer warrants and guarantees that JobTube-Videos will not contain any illegal content and its publication will not violate any applicable laws and will not infringe any third-party rights. Clause 6.5 of the general terms and conditions applies.