Terms of Service and Privacy Policy



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1. Definitions

  • “ECTA” means the Electronic Communications and Transactions Act of 2002.
  • “Employee” means a registered user of the JobCrystal database that is looking for employment or has accepted employment with an Employer.
  • “Employer” or “you” means any natural or legal person that wants to employ or has employed an Employee through the JobCrystal service.
  • “JobCrystal” and “we”, “our” means JobCrystal (Pty) Ltd Registration number 2009/000610/07 of Unit 4, Silverwood Close, Steenberg Office Park, Tokai, 7945 and any of its employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers, being the owner of the website.
  • Party/ies” means any one or both of the Employer and/or JobCrystal.

2. Terms of Placement

  • 2.1. Services

    • 2.1.1. JobCrystal is an electronic placement system.
    • 2.1.2. It owns a database of individuals seeking employment, and makes this database available to prospective Employers in order that they may place candidates at their organisations.
    • 2.1.3 JobCrystal does not do any formal references, credit or criminal checks or any other verification checks. It is the sole responsibility of the Employer to satisfy itself with the suitability of the individuals when offering employment. The database is made available to the Employer online via this web portal and the terms of use thereof are regulated by these terms and conditions.
    • 2.1.4 The Employees upload the required personal details onto the database through the electronic web portal and make these details available to the prospective Employers in terms of these terms and conditions.
    • 2.1.5 As an Employer you can create as many job advertisements and conduct as many searches as you may require. There is no limit.

  • 2.2. Fees

    • 2.2.1 You do not need to pay any fees to register as an Employer if you register before 01 January 2011.
    • 2.2.2 You will pay a once off placement fee, as per the fee table below, for each and every individual employee sourced and placed through the JobCrystal website.
    • 2.2.3 The JobCrystal fee is a flat fee structure and is billed according to the employee’s total monthly cost to company remuneration package (including benefits and excluding commissions)

    • Monthly Cost to Company Remuneration Package
      (including benefits, excluding commissions)
    • Monthly CTC Placement fee due
      R5 000 to R10 000 per month R7,500 excl Vat
      R10 001 to R15 000 per month R12,000 excl Vat
      R15 001 + per month R18,000 excl Vat

  • 2.3. Payment Terms

    • 2.3.1 Invoices will be presented on the first day the employee commences employment with the employer and our payment terms are strictly 7 working days from invoice.
    • 2.3.2 Should such fee not be paid within 7 working days of invoice, interest may be charged on any overdue amounts at the rate of prevailing prime rate plus 3% per annum, calculated daily and compounded monthly.
    • 2.3.3 Should JobCrystal have to institute action against any Party for the recovery of any fees owing, such Party agrees that it will pay all legal fees on the scale as between attorney and client, including collection commission.
    • 2.3.4 JobCrystal reserves the right to suspend the use by any Party of this website in the event of non-payment of an invoice. In the event that a specific invoice is not settled within 2 (two) months, then JobCrystal shall have the right to terminate the agreement.

  • 2.4. Guarantee by JobCrystal to the Employer

    • 2.4.1. If the employment relationship between the Employer and Employee (as placed by virtue of the JobCrystal service) ends for a reason other then redundancy, retrenchment, unfair dismissal, unfair labour practice, death or out of Court settlement, within 6 (six) months of the Employee commencing duties with the Employer, a full refund will be paid to the Employer by JobCrystal, on the condition that the Employer has paid the invoice within the payment terms as stipulated in 2.3.1 above.
    • 2.4.2. The 6 month refund guarantee only applies to placements which are 6 months or longer than 6 months in duration i.e where the Employer has offered employment to an Employee for a period equal to or exceeding 6 months in duration. No refund guarantee is offered on employment contracts entered into between Employer and Employee which are less than 6 months in duration.
    • The 6 month refund guarantee (for placements equal to or in excess of 6 months) is only validated if the Employer has paid the invoice within 7 working days of the candidate commencing duties with the Employer. JobCrystal will not, under any circumstances, pay the refund if the Employer has not settled the invoice within the payment terms.
    • 2.4.4 JobCrystal will remove any Employee's details from the website for a period of 12 (twelve) months after he or she has been placed with an Employer.

  • 2.5. Guarantee by the Employer to JobCrystal

    • 2.5.1 You, the Employer, undertake to JobCrystal that you will notify JobCrystal immediately when an Employee has accepted an offer of employment and commenced employment, via the use of the JobCrystal website and function.
    • 2.5.2 You, the Employer, undertake to notify JobCrystal within 24 hours after having received any Employee contact details, through use of the JobCrystal website, if you have already obtained such employee information previously through an alternative source, other than the JobCrystal website.
    • 2.5.3 In the event that the Employer has already received the Employees details from another source, and that candidate is eventually placed, then the placement fee will only not be payable to JobCrystal if the Employer has furnished JobCrystal with the full details of the source of this information, and that source has then confirmed to JobCrystal the correctness of this statement.
    • 2.5.4 If the Employer either fails to inform JobCrystal as per clause 2.5.2, or offers employment to the Employee outside the JobCrystal service, the Employer will still pay JobCrystal the full placement fee as per clause 2.2.
    • 2.5.5 In the event of the Employer concluding either an employment contract, or any other contractual relationship in terms of which the Employee provides services to the Employer, within 6 months from the date upon which the Employer first obtained the Employees contact details from JobCrystal, then, save for paragraph 2.5.2 the fees as per paragraph 2.2 shall be due and payable to JobCrystal from the date of such placement or contract conclusion.
    • 2.5.6 You shall only use the information on JobCrystal for the purposes of employing an Employee. You specifically agree not to distribute the information to other recruitment agencies or any other third parties, or utilise it in any manner other than for employing the Employee. To this extent, it shall be deemed that each and every Employee’s details utilised in breach of this agreement, led to the placement of that Employee, and the full placement fee for each such Employee shall immediately become due and payable by the Employer who has acted in breach of this paragraph 2.5.6.

  • 2.6. Confidentiality

    • 2.6.1 Information regarding the manner in which we respect the privacy of candidate Employees’ personal information is contained in our Privacy Policy.
    • 2.6.2. By agreeing to the terms, conditions and privacy policy when registering as an Employer, you agree to follow and respect our confidentiality policy, which can be summarised as follows:
      • 2.6.2.1. you agree that you will not contact any prospective Employees directly unless such candidate Employee has expressly agreed to receive communication from you regarding a specific job offer; and
      • 2.6.2.2. you agree to respect the privacy of each candidate Employee and to retain their personal information as confidential, and expressly agree not to use or disseminate such information outside of the bounds of this agreement and/or any other agreement that may be reached with such candidate Employee.
    • 2.6.3. By submitting your information to us as a natural person Employer you agree that we may perform various credit and background checks on you, including (but not limited to) with credit bureaux, CIPRO and the South African Police Service.

  • 2.7. Privacy Policy

    • 2.7.1. JobCrystal takes your privacy seriously. We undertake to ensure that your personal information is kept strictly confidential and is not disclosed to third parties without your permission, subject to the points below.
    • 2.7.2. The Privacy Policy applies to all the web pages that form part of this website and the use of the website will only be possible once this Privacy Policy has been accepted by you.
    • 2.7.3. Amendment to the Privacy Policy:
      • 2.7.3.1. We reserve the right to change this Privacy Policy from time to time in order to address new issues and reflect changes on our site.
      • 2.7.3.2. Changes to the Privacy Policy will be posted on our web site so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone.
      • 2.7.3.3. It is your responsibility to regularly check the terms posted here to determine whether any such changes have been made.
      • 2.7.3.4. Your continued use of the site following such changes will be deemed to indicate your acceptance of the new Privacy Policy.
      • 2.7.3.5. If our information practices change in the future, we will use only data collected from the time of the policy change forward for these new purposes, or we will contact you before we use your data for these new purposes and offer you the ability to opt out of these new uses.
    • 2.7.4. If you feel that we are not living up to our stated privacy policy, you may contact us at info@jobcrystal.co.za

  • 2.8 Profile information collected from you

    • 2.8.1. When you register for the JobCrystal service we collect some personal information including your company name, your name, contact details, email address current employment information as well as other user names and email addresses that you have provided that will be authorised to use the site.
    • 2.8.2. We may collect further information from you for the time you use the service.
    • 2.8.3. This information is used by us to support your interaction with our site and to match you to prospective Employees.
    • 2.8.4. Your e-mail address may be used to send you communication regarding prospective Employees, to notify you of any changes or updates to the JobCrystal service, and to send you relevant news and data from time to time. We will not share your e-mail address with any third parties.

3. Terms of Usage of this Website

  • 3.1. Application

    • 3.1.1. Only parties registered with the JobCrystal service, and who have accepted the terms and conditions may make use of the service.
    • 3.1.2. No fees will be charged for registration or administration.
    • 3.1.3. Applications may be denied at JobCrystal’s discretion.
    • 3.1.4. The application form is available on the JobCrystal web site, alternatively this may be requested directly from JobCrystal at its registered office.

  • 3.2. General Acceptance and use of this web site

    • 3.2.1. By using, accessing or viewing this website you agree to these terms and conditions, including any document that may be incorporated by reference thereto.
    • 3.2.2. You may only use this website and its content in order to view, refer to, or print information for lawful purposes.
    • 3.2.3. The use of this website does not extend to its’ source code or to the source code of any software or computer program that forms part of the website.
    • 3.2.4. You are not allowed to republish any information obtained on this website or distribute it in any manner.
    • 3.2.5. Use of this web site is strictly at your sole risk.
    • 3.2.6. JobCrystal may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate: the operation of this website or withdraw any of the content; or your right to use this website.
    • 3.2.7. JobCrystal reserves the right to make amendments to the content and information on this website, including, but not limited to, amendments to pricing and rates. You acknowledge that each time you use the website it is your duty to familiarise yourself with any amendments that may have been made since you last used the website.
    • 3.2.8. Automated transactions and searches are subject to these terms and conditions.
    • 3.2.9. The use of malicious search technology is prohibited.
    • 3.2.10. The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.

  • 3.3. Limitation of Liability

    • 3.3.1. JobCrystal will not be liable in any manner whatsoever in relation to either the use of this website or the content thereof. You accordingly hereby indemnify and hold JobCrystal harmless against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from your use of or reliance on this website or the content, or any actions or transactions resulting therefrom, even if JobCrystal has been advised of the possibility of such loss, liability, expense, claim, penalty or damages.
    • 3.3.2. Without limiting the generality of the abovementioned indemnity, it is specifically agreed that JobCrystal shall not be liable for:
      • 3.3.2.1. The negligent release of your personal information to third parties.
      • 3.3.2.2. Any decisions made by you based on the information contained on the website, including but not limited to whether the Employee is suitable for the required employment.
      • 3.3.2.3. Damage suffered by you in respect of information disseminated by you or to the user on or from the website.
      • 3.3.2.4. Further without limiting the generality of the abovementioned indemnity, JobCrystal will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this website or the disappearance of content from the website for any reason whatsoever.
      • 3.3.2.5. JobCrystal will not be liable for any viruses, destructive materials or any other data or code ('harmful material') which is able to harm or otherwise impede in any manner the operation of a computer system, network, handset or mobile device and the user accepts the risk associated with the existence of such harmful material.

  • 3.4. Copyright and Intellectual Property Rights

    • 3.4.1. Copyright in all information, images, icons, source codes and other original material contained in this web site which is not attributed to a third party, is held by or licensed to the owner.

  • 3.5. Exclusion of Warranties and Representations

    • 3.5.1. JobCrystal reserves the right to change the web site and content without notice.
    • 3.5.2. This web site is provided without any representation or warranty whatsoever.
    • 3.5.3. JobCrystal does not accept any responsibility for any errors or omissions on this web site.
    • 3.5.4. If you enter into any transactions based upon information provided on the website, JobCrystal recommends that you obtain independent expert advice prior to making any decision and JobCrystal accepts no responsibility for any losses that you may incur as a consequence of using the web site.
    • 3.5.5. JobCrystal does not warrant the accuracy of the information contained on this website. All information contained, relating to an Employee, is obtained from the Employee him/herself and is not independently verified.

  • 3.6. Restrictions on Use

    • 3.6.1. You may not use this web site to obtain or distribute:
      • 3.6.1.1. copyrighted material or material protected by laws relating to intellectual property rights without JobCrystal’s permission;
      • 3.6.1.2. harmful materials which are able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
      • 3.6.1.3. material which is defamatory, unlawful or contains hate speech; or
      • 3.6.1.4. bulk e-mail, whether solicited or unsolicited.
    • 3.6.2. You must not interfere or attempt to interfere with or jeopardise the functionality or the operation of any part of this web site or any part thereof.
    • 3.6.3. You shall not use this web site for 'spoofing', 'hacking', 'flaming', 'cracking', 'phishing' or 'spamming' or any other activity designed or aimed at achieving similar purposes.
    • 3.6.4. You may not intercept any information transmitted to or from JobCrystal.

  • 3.7. Cookies

    • 3.7.1. From time to time we may place cookies on your hard drive; a cookie is a small piece of information stored by your browser, typically used to identify returning visitors, and to collect aggregate information on the number of visitors to a site and the number of pages viewed.
    • 3.7.2. When you register and log in we will place a unique identifier cookie on your hard drive; this cookie will be used to maintain logged-in status for the duration of your visit, and to log you in automatically on subsequent visits.
    • 3.7.3. You can choose to prevent the site from storing cookies on your hard drive by disabling cookies in your browser options, but this will mean that you will have to log in manually each time you visit the site.
    • 3.7.4. We may also use cookies to track the pages you visit so that we can deliver content based on your profile and past activity.
    • 3.7.5. Cookie information is used only by JobCrystal and our agents, and is not provided to any other organisation.

  • 3.8. Other data

    • 3.8.1. From time to time we may collect information such as click data and page-view statistics, the name of the Internet service provider and the IP address through which you access our site, the date and time you access the site, the pages that you access while at the site, and the Internet address of the website from which you navigated to our site.
    • 3.8.2. This information is not personally identifiable and is used in aggregate for website and system administration, traffic and trend analysis and business decision-making.

4. General Terms

  • 4.1. The terms and conditions contained herein shall be deemed to be exclusive and applicable to each and every contract entered into between parties
  • 4.2 The address stated on the invoice will be that supplied to us by you and shall be deemed to be your chosen domicilium citandi et executandi, and any letter, notice or process shall be validly served if sent to such domicilium.
  • 4.3 This agreement will be binding on your successors in title.