Terms and Conditions

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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 Block C, The Terraces, 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

    • JobCrystal has two service offerings for Employers. An Employer may choose either option when recruiting for positions within their organization. An Employer may also choose to move from a Self-Service model to Premium Service model at any time during a recruitment process, provided JobCrystal has been notified electronically of this requirement. Both services are only available to vacancies offering a guaranteed monthly salary, i.e. no commission-only vacancies will be accepted. The Premium Service is only available to monthly salaries in excess of R15k.
      • 2.1.1 Self-Service
      • 2.1.1.2 JobCrystal is an electronic placement system. 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. 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.
      • 2.1.1.3 JobCrystal does not currently do any formal Employment references, Credit or Criminal checks or any other verification checks on the Self-Service offering. This service may be added in the future on a pay-as-you-go basis. Character references and Employment confirmations are made visible on candidate profiles, as and when requested by the Employees themselves. It is the sole responsibility of the Employer to satisfy themselves as to the suitability of the individuals when offering employment and to conduct any necessary checks as required.
      • 2.1.1.4 The Employees upload their required personal details onto the database through the electronic web portal and make these details available to the prospective Employers under these Terms and Conditions.
      • 2.1.1.5 As an Employer using the Self-Service model, you can create job advertisements, conduct searches, contact, interview, regret or hire Employees, all through using the electronic web portal functionality. Usage of the JobCrystal Self-Service model is tracked and monitored for reasonable and professional usage.

  • 2.2. Premium Service

    (only available on vacancies offering a monthly salary in excess of R15,000)
    • 2.2.1 Employers may opt to send their vacancies electronically to JobCrystal, once they have registered and been vetted as an Employer on the JobCrystal web portal. The Premium service is only available on vacancies offering a monthly salary in excess of R15,000.
    • 2.2.2 JobCrystal will refer formatted CVs directly to Employers, via email, for these vacancies. Candidates will have been telephonically screened in terms of suitability for the role and one employment reference will be obtained, wherever possible. Whilst JobCrystal undertakes to reasonably assess the Employee’s suitability for the role, it remains the sole responsibility of the Employer to satisfy themselves as to the suitability of the Employees when making a hiring decision.
    • 2.2.3 JobCrystal will conduct a credit check on a prospective Employee, where lawfully permitted, only once an Employer has indicated they would like to extend an offer of employment to such an Employee.
    • 2.2.4 JobCrystal will be responsible for co-ordinating interviews, providing feedback on behalf of both Employee and Employer, facilitating salary negotiations and confirming Employee acceptances and start dates on all offers of Employment.

  • 2.3 Fees

    • Fees for Self-Service
      •
    • 2.3.1 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 Self-Service web portal functionality.
    • 2.3.2 The JobCrystal fee is a flat fee structure and is billed according to the Employee’s total monthly cost to company remuneration package offered (including benefits and excluding commissions) regardless of the length of employment contract duration.
    • MONTHLY COST TO COMPANY REMUNERATION PACKAGE
      Including benefits, excluding commissions      		 PLACEMENT FEE DUE
      R0 to R9,999 per month R5,000 excluding Vat
      R10,000 to R14,999 per month R10,000 excluding Vat
      R15,000 + per month R15,000 excluding Vat

    • Fees for Premium Service
      •  (only available on vacancies offering a monthly salary in excess of R15,000)
    • 2.3.3 You will pay a once off placement fee, for each and every individual Employee placed through the JobCrystal Premium Service functionality.
    • 2.3.4 The JobCrystal fee is 9% of the Employee’s annual, total cost to company remuneration package, including all benefits and allowances, but excluding commissions, regardless of the length of the employment contract duration.

  • 2.4 Payment Terms

    • 2.4.1 Invoices will be presented and dated on the first day the employee commences employment with the Employer. Our payment terms are strictly 7 working days from date of invoice.
    • 2.4.2 Should such fee not be paid within 7 working days of date 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
    • 2.4.3 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.
    • 2.4.4 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 this agreement immediately with the Employer and deregister the Employer from the JobCrystal web portal.

  • 2.5. Guarantee by JobCrystal to the Employer

    • 2.5.1. If the employment relationship between the Employer and Employee (as placed by virtue of the JobCrystal Self-Service or Full Service) ends for a reason other than redundancy, retrenchment, unfair dismissal, unfair labour practice, death or out of Court settlement, within 3 (three) months of the Employee commencing duties with the Employer, a full cash 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 2.4.1 above.
    • 2.5.2 The 3 month full refund guarantee is only offered on Permanent Placements, i.e. where the Employer offers an Employee a Permanent Employment Contract. No guarantees are offered on employment offers of a contract or temporary nature.
    • 2.5.3 The 3 month full refund guarantee is only validated if the Employer has paid the invoice within 7 working days from date of invoice. JobCrystal will not, under any circumstances, pay the refund if the Employer has not settled the invoice within these payment terms.
    • 2.5.4 JobCrystal will remove an Employee’s details from the website for a period of 12 (twelve) months after he or she has been placed with an Employer.

  • 2.6. Guarantee by the Employer to JobCrystal

    • 2.6.1 You, the Employer, undertake that you will engage with the JobCrystal web portal at every stage of your recruitment process, once a vacancy has been loaded, using the Self-Service offering. You, the Employer, undertake to notify JobCrystal immediately when an Employee has accepted an offer of employment and commenced employment, via the use of the JobCrystal Self-Service website functionality or via the Premium Service offering.
    • 2.6.2 You, the Employer, undertake to notify JobCrystal within 24 hours after having received an application form from an Employee for your vacancy, either through the use of the JobCrystal Self-Service web functionality or the Premium Service, if you have already obtained this Employee's application for that particular vacancy through an alternative source, other than the JobCrystal services.
    • 2.6.3 In the event that the Employer has already received the Employee's application from another source, and that candidate is still eventually placed with the Employer, 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.
    • 2.6.4 If the Employer either fails to inform JobCrystal as per clause 2.6.2, or offers employment or any contractual relationship to the Employee outside the JobCrystal service offerings, the Employer will still pay JobCrystal the full placement fee as per either clause 2.3.2 or 2.3.4.
    • 2.6.5 In the event of the Employer concluding either an employment contract, or any other contractual relationship, in terms of which a JobCrystal Employee provides services to the Employer in any capacity whatsoever, within 12 months from the date upon which the Employer first obtained the Employees contact details from JobCrystal, then, save for paragraph 2.6.2, the fees as per clause 2.3.2 or 2.3.4 shall be due and payable to JobCrystal from the date of such placement or contract conclusion.
    • 2.6.6 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, associates or subsidiary companies or utilise it in any manner other than for employing Employees. 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 2.6.6.

  • 2.7. Confidentiality

    • 2.7.1 Information regarding the manner in which we respect the privacy of Employers and Employees is contained in our Privacy Policy.
    • 2.7.2. By agreeing to the Terms and Conditions when registering as an Employer, you agree to follow and respect our Privacy Policy.
      • 2.7.2.1. 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
      • 2.7.2.2. you agree to respect the privacy of each 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 Employee.
    • 2.7.3. by submitting your information to us as an Employer you agree that we may perform various credit and background checks on you, including (but not limited to) Credit bureaux and CIPC.

3. Terms of Usage of this Website

  • 3.1. Registration

    • 3.1.1. Only Parties registered with the JobCrystal service, who have accepted the Terms and Conditions of Service, may make use of the service. By accepting the Terms and Conditions of Service, you acknowledge that you have the relevant authority to recruit talent into your organisation.
    • 3.1.2. Fees may be charged for registration or administration in the future.
    • 3.1.3. Registrations may be denied at JobCrystal’s discretion.
    • 3.1.4. The registration process is available on the JobCrystal website.

  • 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 as well as JobCrystal assisted 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.

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.
  • 4.4 No variation of this agreement shall be of any force or effect unless reduced to written communication by an authorized official of both parties.