TERMS AND CONDITIONS
In these Terms:
Associated Person means the Company, its subsidiaries and associates, any related body corporate of any of the Company and its subsidiaries and any other person or entity with which the Company may deal or be concerned.
Company means Jobs in Digital Limited.
Contractor means the person hired by a Subscriber who was contracted online through the Website and who is paid by the Subscriber.
Contract Work means a request by a Subscriber to engage a Contractor for work on a contract basis.
Confidential Information means all information regarding the current or future business interests, methodology or affairs of any Associated Person which:
(a) the Contractor may be given in relation to or during the course of the performance of the Services; (b) may come into the Contractor's knowledge in relation to or during the course of the performance of the Services and which the Contractor is told is, or which from its nature and content is or would reasonably be expected to be, confidential.
Intellectual Property means all rights and interests in and to inventions, patents, designs, copyright, moral rights, database rights, know-how, trademarks, business names, trade names, service marks, trade dress and livery, domain names, layout designs, software (including, without limitation, in source and object codes) and any similar rights in any part of the world, including any registration of such rights and applications for such registrations.
Personal Information means information about the Contractor/Subscriber obtained disclosed by the Contractor/Subscriber to the Company during use of the Website and may include personal information, employment history or hiring practises.
Services means the services to be performed by the Company as described in clause 3 provided to Contractors and Subscribers respectively.
Subscriber means a paying user of the Website who has access to the Contractor profiles on the Website.
Subscription Price means the price (in New Zealand dollars) agreed upon by the parties for the provision of Services by the Company to the Subscriber.
Terms means these Terms and Conditions.
Website means the website found at www.yudoozy.co.nz which is owned and operated by the Company and used by Contractors and Subscribers.
Working Day means a day on which businesses and banks in Wellington generally are open for business, but does not include Saturdays, Sundays or statutory holidays.
2.1 You agree to be bound by these Terms and all terms, policies, guidelines and disclosures incorporated by reference into these Terms in relation to your access to, and use of, the Website. 2.2 If there is any conflict or inconsistency between these Terms and the terms of any specific written agreement between the parties the specific written agreement shall prevail. 2.3 You agree and warrant that you are not a recruitment agency. 2.4 If you are an organisation, you warrant that you have authority to bind that organisation and that the organisation will be bound by these Terms, and the term "You" used in these Terms shall refer to you and your organisation. If you are an organisation your terms of trade or conditions will not apply. 2.5 The Company reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline of the Website, at any time. Any changes or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of its changes or modifications will constitute your acceptance of such changes. If you do not agree to the amended terms, you must stop using the Website.
Obligations of the Company
3.1 The Company will maintain the Website and provide access to the Website. 3.2 If you are a Contractor the Company will provide access to your profile to Subscribers, ensure that your profile is available only to Subscribers, and that your profile on the Website will indicate "Busy" when you have indicated your unavailability. 3.3 If you are a Subscriber, the Company will provide you with access to Subscriber's profiles and will engage with Contractors prior to the Contractor being profiled on the Website. The engagement process will include, but is not limited to, the Company speaking with the Contractor, contacting Contractor's referees. Based on its professional discretion the Company will determine whether or not the Contractor will be profiled on the Website.
If you are a Contractor you agree that:
If you are a Subscriber you agree that:
(a) you will pay the Contractor directly for his or her services and the amount payable to the Contractor will be the rate agreed at the time of confirming the Contract Work. (b) if you cancel any Contract Work within 24 hours before the Contract Work was due to commence you must pay the Contractor a minimum of 8 hours at the hourly rate agreed as per clause 5.1. (c) you will satisfy yourself that Contractors are sufficiently qualified and skilled for the Contract Work to be offered and you acknowledge that you are the sole decision maker in regards to hiring a Contractor for Contract Work or a permanent position and you have not relied upon anything represented to you by the Company. (d) you accept Contractors at your own risk and release the Company from and indemnify it against any claim or liability for loss or damage arising in any way out of or connected with Contractors or the Services provided by the Company; and (e) you will supervise contracted Contractors, and accept responsibility for all acts or errors by the contracted Contractor, be they wilful or otherwise. You agree to provide adequate insurance (public liability and professional indemnity) cover for the contract Contractor.
6.1 Use of the Website by Contractors is free of charge. 6.2 Use of this Website by Subscribers is subject to the payment terms set out in clause 6.3. 6.3 (a) You will pay $200 monthly recurring fee or upfront payment of $2,400 annual subscription to register on the product. (b) Payment of the Subscription Price may be made in either of the following ways:
(i) if you opt for a yearly subscription, in one lump sum upon registration with the Website; (ii) if you opt for a monthly subscription:
A you will set up an automatic payment for the Company to receive the Subscription Price by the 20th of each month; or B the Company will directly debit the Subscription Price from the credit card that you provided at the time you registered with the Website. (c) The Company will provide you with receipts for any payments made to the Company. (d) You must pay Goods and Services Tax (GST) on services provided at the prevailing rate. (e) For all invoices not paid by the 20th of the month you will be charged a late payment fee of 12% per annum based on a percentage of the total bill owing. (f) If payment is overdue the Company may, in addition to its other remedies, cancel or suspend your access and use of the Website until you have paid or discharged all sums owing to the Company. (g) The Company may at its discretion apply any payments it receives from you towards the satisfaction of any indebtedness of you and it shall not be bound by any terms or qualifications that you may make in relation to payments made under this or any other contract with the Company. (h) If the Company is required to take further action against you for failure to pay its invoices, the Company may, at its discretion, seek to recover any costs incurred through debt recovery charges. (i) The Company reserves the right to increase the Subscription Price. Written notice of any changes to the Subscription Price will be provided to you 20 working days before they take effect.
Contract to Permanent Placements:
7.1 If a Subscriber recruits a Contractor for Contract Work using the Website and subsequently offers the Contractor a permanent position with the Subscriber, both the Subscriber and Contractor must inform the Company immediately. Failure to do this may be considered a breach of the Terms and may result in the Company cancelling your subscription or taking further action to recover monies owing. 7.2 If the Subscriber offers the Contractor a permanent position the Subscriber must pay the Company a fee of 7% of total remuneration package accepted by the Contractor ("Introduction Fee"). 7.3 The Company will invoice the Subscriber for the Introduction Fee on the start date of the Contractor's permanent employment. The Introduction Fee must be paid within 20 working days. 7.4 If the permanent employment does not occur the Subscriber will not be entitled to a refund on the Introduction Fee, except to the extent that clause 7.5 applies. 7.5 If a Contractor leaves the permanent position for which the Introduction Fee was paid within three months of the permanent position commencing, the Subscriber will not be eligible for a refund. 7.6 If a permanent contract is offered to a Contractor where the Contractor is already acquainted with the Subscriber or the Subscriber is able to provide evidence to show that the relationship existed before using the Website, the Subscriber is not liable to pay an Introduction Fee.
Confidential Information and Intellectual Property
9.1 You acknowledge that the Company is not a recruitment agency and is a forum to connect Contractors with Subscribers. 9.2 The parties agree that these Terms are non-exclusive and you can continue to engage the services of recruitment agencies. 9.3 Notwithstanding clauses 9.1 and 9.2, where a Contractor/Subscriber is known to you, you agree that you will not contact the Subscriber/Contractor personally but will use the Website as the means to obtain Contract Work from the Subscriber/engage the Contractor for Contract Work.
10.1 The Website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied and the Company does not represent or warrant that the Website or the servers are free of viruses or other harmful components or hacking or malicious other uses. 10.2 The Company disclaims all warranties, express or implied, including, without limitation, the suitability of a Contractor for Contract Work and the suitability of the Website. 10.3 The Company does not represent or warrant that information available in or on the Website is accurate, complete, reliable, current or error-free.
General Limitation of Liability
In no event shall the Company or any of its employees, agents, independent contractors, service providers or consultants, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to, loss of use, profits or data, whether in an action in contract, tort, equity or otherwise which arises out of or in relation or connection to any use of the Website, the content of information accessed through the Website, including without limitation any damages, loss or injury caused by or resulting from reliance by you on any information obtained from the Company or the Website from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation of files or email, errors, defects, viruses, delays in operation or transmission, any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to the Company's records and programs.
You agree to defend, indemnify and hold harmless the Company, its, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable lawyers' fees) arising out of or related to any content you post, store or otherwise transmit on or through the Website or your use of or inability to use Website, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the content, your conduct, your violation of these Terms or your violation of the rights of any third party.
13.1 The Company may terminate this relationship immediately by notice in writing if:
(a) you commit or allows to be committed any breach any of these Terms and fail to remedy the breach to the satisfaction of the Company, acting reasonably, within fourteen (14) days of receipt of notice in writing from the Company requiring the breach to be remedied; or (b) you are a Contractor, if the Company receives a complaint about you from a Subscriber. The Company is not obliged to investigate the complaint or consult with you prior to exercising its right to terminate. 13.2 If you are a Contractor you may terminate the relationship with the Company at any time with immediate effect by giving written notice to the Company. 13.3 If you are a Subscriber you may cancel the agreement at any time by giving one months' written notice to the Company. All sums owing by you to the Company shall become immediately due and payable upon termination. If you cancel the agreement prior to the expiry of a subscription, you will not be entitled a refund on any payments made to the Company. 13.4 Termination of this relationship shall be without prejudice to the rights and obligations of the parties prior to termination. Termination shall also be without prejudice to any of these Terms which are expressed to survive termination.
14.1 If you are a Contractor you shall not assign your rights under these Terms. 14.2 If you are a Subscriber you may not assign your rights under these Terms without the without the prior written consent of the Company. Such consent is not to be unreasonably withheld. 14.3 The Company may assign its rights under these Terms by providing written notice of such assignment to you.
The parties agree that this is an arms-length provision of services and that you are not an employee or agent of the Company. The parties acknowledge that you are not integrated into the Company's business and the Company exerts no control over you. You shall be responsible for your own liabilities and expenses of whatever nature relating to you and your employees or agents (if any).
You are solely responsible for the payment of all levies, premiums, duties, assessments, taxes or other payments levied upon you, or your employees or agents (if any), as required under any New Zealand legislation or regulations. You indemnify the Company from all taxes, levies and other expenses, and for any action taken against the Company that results from any act or omission by you.
Consumer Guarantees Act 1993
You acknowledge that you are acquiring, the use of the Website for business purposes, accordingly the Consumer Guarantees Act 1993 does not apply.
Remedies And Waivers
No waiver of any breach of these Terms shall be deemed to be a waiver of any other or any subsequent breach. The failure of any party to enforce any provision of the Agreement at any time shall not be interpreted as a waiver of the provisions.
These Terms constitutes the entire agreement between the parties and shall supersede all previous negotiations, commitments and/or writings.
New Zealand law governs these terms and New Zealand Courts have non-exclusive jurisdiction.