Terms Of Use

AUTOMATED TRANSACTION AGREEMENT

1. PARTIES

This agreement, is entered into by means of an automated transaction between:

1.1 RYAN DEKKER
Identity number: 741016 5078 08 4 or his successors in title or assigns;

and

1.2 any person accessing the ICT Jobs web site in terms of one of the Frequent Placer Options, as defined hereunder by the acceptance of these terms in clause 21.

The following terms are presented for review prior to agreement forming by means of an electronic agent as contemplated in terms of subsection 20 (d) of the Electronic Communications And Transactions Act 2002.

2 INTERPRETATION

2.1 In this agreement the expressions in italics shall have the meanings assigned to them in this clause, i.e:

2.1.1 "contracting parties" means the Web Site Owner and a Frequent Placer;

2.1.2 "Data Subject" means any natural person or institution who with the required consent of the natural persons which it represents posts personal information concerning such natural person(s) to the ICT Jobs web site, for the purpose disclosed in the Disclosure Document;

2.1.3 "Disclaimer" means the disclaimer by the Web Site Owner posted to the ICT Jobs web site which can be viewed on the web site location in paragraph 2.1.1 (b);

2.1.4 "Disclosure Document" means the disclosure document posted to the Career Classifieds web site in terms of section 43 of ECTA which can be view on the web site location in paragraph 2.1.1 (b);

2.1.5 "ECTA" means the Electronic Communications And Transactions Act 2002 (No. 25 of 2002), The ECTA may be downloaded from http://www.polity.org.za/pdf/ElectronicCommunications.pdf ;

2.1.6 "effective date" means the date on which acceptance of the terms recorded electronically or signed in clause 21.6 and payment of the service fee in clause 5.3.1 has been paid and the Web Site Owner has activated access to the web site;

2.1.7 "electronic communication" means a communication by means of data messages;

2.1.8 "Frequent Placer" means a person who enters into an agreement with the Web Site Owner which entitles him to the services offered in terms of one of the Frequent Placer Options;

2.1.9 "Frequent Placer Option" means:

2.1.9.1 the Basic Option which entitles a Frequent Placer to:

* Place 1 - 10 career opportunities per month

* Job manager (edit, add or delete career opportunities)

* Search resumes (This option is only for Placement Agencies)

* Resume alert (This option is only for Placement Agencies)

* Job Alert

* Company listing under Recruiters List

* Online Application

* WAP Applications


2.1.9.2 The Advanced Option which entitles a Frequent Placer to:

* Place 11 - 30 career opportunities per month

* Job manager (edit, add or delete career opportunities)

* Search resumes (This option is only for Placement Agencies)

* Resume Alert (This option is only for Placement Agencies)

* Job Alert

* Company listing under Recruiters List

* Online Applications

* WAP Applications


2.1.9.3 the Plus Option which entitles a Frequent Placer to:

* Place unlimited career opportunities per month

* Job manager (edit, add or delete career opportunities)

* Search resumes (This option is only for Placement Agencies)

* Resume Alert (This option is only for Placement Agencies)

* Job Alert

* Company listing under Recruiters List

* Online Applications

* WAP Applications


2.1.10 "personal information" means information about an identifiable individual, including, but not limited to:

(a) information relating to the race, gender, marital status, national, ethnic or social origin, colour, age, physical or mental health, disability, religion, belief, language(s) spoken, written and read and date of birth of the individual;

(b) information relating to the education, medical, criminal and employment history of the individual;

(c) identity and / or passport number assigned to the individual;

(d) the physical -, postal -, telefax -, or e-mail address(es), of the individual;

(e) the personal employment preferences of the individual;

(f) references in respect of the individual that is implicitly or explicitly of a private or confidential nature;

(g) the views or opinions of another individual about the individual;

(h) the views or opinions of another individual about the proposed employment of the individual; and

(i) any other information concerning the individual provided or required for purpose of seeking or offering employment to such individual;

2.1.11 "RIC" means the Regulation of Interception of Communications Act, (70 of 2002), The RIC may be downloaded from http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf.;

2.1.12 "web site" means the ICT Jobs web site:

(a) owned and operated by the Web Site Owner or his successors in title; and

(b) located at http://www.carreerclassifieds.co.za, including any page, part or element thereof;

2.1.13 "Web Site Owner" means Ryan Dekker in his personal capacity or his successors in title or assigns.

2.2 In this agreement:

2.2.1 the singular shall include the plural, a reference to individual or natural person shall include the masculine and the feminine genders and a reference to "person" shall where applicable include any legal entity with contractual capacity or a trust;

2.2.2 the headings have been included for ease of reference and shall not be taken into account in the interpretation of the clause contents;

2.2.3 in calculating a time period:

2.2.3.1 the number of days:

(a) shall be inclusive of the first day and exclusive of the last day;

(b) shall be inclusive of Saturdays, Sundays and public holidays unless otherwise specified; provided that if the last day of the time period falls on a Saturday, Sunday or public holiday, then the last day of the time period shall be deemed to be the first business day thereafter;

(c) the last day shall end at 17h00 on a business day.

2.2.4 a month shall mean a month as per the Gregorian calendar commencing on the first day of such month and ending at 24h00 on the last day of such month;

2.2.5 a year shall mean the period commencing on the first day of January and ending on the 31st (thirty first) day of December of that same year, or a period of 12 (twelve) months depending on the specific contractual provision.

2.3. If this clause does not provide an interpretation guideline then the meaning of a word shall be interpreted according to the latest edition of Collins Dictionary & Thesaurus, otherwise the Interpretation Act as amended from time to time shall apply.

2.4. Any reference to a contractual, statutory or regulatory provision is a reference to the provision as at the effective date.

2.5 If any provision in a definition is a substantive provision or term conferring rights or imposing obligations on any party, effect shall be given thereto as if it were an agreed substantive provision or term of this agreement.

2.6 Expressions defined in clause 2.1 of this agreement shall bear the same meanings in any annexure hereto or in the Disclosure Document or Disclaimer, if an annexure or the Disclosure Document or Disclaimer does not contain its own definitions.

2.7 This agreement shall be binding on and enforceable against the liquidator, or judicial manager, of the Frequent Placer and / or its shareholders, as if such party or person had signed this agreement in the first instance, and a reference to the Frequent Placer shall include a reference to the abovementioned persons in their official capacities and / or a shareholder and his estate, his executor, administrator, trustee, or other duly authorised representative, as the case may be.

2.8 Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of Section 11 of the ECTA, the fact that some or all of the hyperlinks may not be operational shall not play a role in determination of the validity and interpretation of these terms and conditions.


3 BUSINESS PURPOSE OF THIS AGREEMENT

3.1 The Frequent Placer acknowledges that it has read, understands and accepts the contents of the Disclosure Document and the Disclaimer, and use the web site, and enter into this agreement on that basis.

3.2 The contracting parties accept and agree that the ECTA applies to this agreement.

3.3 ICT Jobs is a web site:

3.3.1 for Data subjects seeking carreer opportunities to store their personal information in the format of a Curriculum Vitae (CV) on the web site free of charge for purposes of allowing the Frequent Placer to access, collect, collate, process, and download the information, and for employees to use, and placement agencies to disclose such information to prospective employers;



3.3.2 for employers or placement agencies, as Frequent Placer, who have selected one of the Frequent Placer Options to make use of the services offered which includes the right to access, collect, collate, process, download and use the personal information to seek, or offer employment to Data subjects,

("the disclosed purpose").

3.4 The Web Site Owner has an irrevocable written authority from natural persons whose personal information appear on the web site to allow the Frequent Placer;

3.4.1 to collect, collate, process and disclose the Data Subject's personal information which is on the web site for the disclosed purpose;

3.4.2 to keep a record of the personal information for a period of one year after the Data Subject requests his / her personal information to be deleted or removed from the web site as is required in terms of Section 51 of the ECTA.


4 LICENSE

4.1 The Web Site Owner licenses the Frequent Placer to view, download, and use personal information on the web site, for the disclosed purpose only, from date of acceptance in clause 21.6 for the period in clause 21.5.

4.2 Personal information on the web site may not be used or exploited for any undisclosed purpose.

4.3 The Frequent Placer may quote personal information available from the web site; provided such a quote acknowledges the web site as the original source.

4.4 A licence granted in terms of this clause 4 is provided on a non - exclusive and non - transferable basis and may be terminated or cancelled by the Web Site Owner with 24 hours prior notice without reasons.

4.5 Hyperlinks to the web site from any other source shall be directed at the home page of the web site. Links beyond the home page may only be used on acceptance of these terms. Access to the web site, through a hyperlink not directed at the home page of the web site, and by means of a deep link that by passes these terms shall be deemed to be unauthorised use of the web site.

4.6 The Frequent Placer may not, frame the web site, in any manner whatsoever.

4.7 Apart from bona fide search engine operators and use of the search facility provided on the web site by the Frequent Placer, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the web site for any purpose.


5 SERVICE FEE

5.1 The Frequent Placer shall from the effective date become liable for payment of the monthly fee in clause 5.2, which shall be payable on the basis set out in clause 5.3.

5.2 The monthly service fee for:

5.2.1 selecting and using the services in terms of the Basic Frequent Placer Option in terms of clause 21.3 shall be R399,00 per month - No VAT applicable;

5.2.2 selecting and using the services in terms of the Advanced Frequent Placer Option in terms of clause 21.3 shall be R499,00 per month No - VAT applicable;

5.2.3 selecting and using the services in terms of the Plus Frequent Placer Option in terms of clause 21.3 shall be R699,00 per month - No VAT applicable.

5.3 The applicable monthly service fee payable in terms of clause 5.2 read with clause 21.3 shall be payable as follows:

5.3.1 electronic transfer of the first payment on the effective date to the bank account of the Web Site Owner the particulars of which are as follows:

Bank : FNB Private Clients

Account Holder: Ryan Dekker

ACB Code : 259745

Account Type : Cheque

Account Number : 62145425139

5.3.2 the monthly service fees payable after the initial service fee in terms of clause 5.3.1 shall be paid on the first day of every month by way of electronic transfer to the designated account in clause 5.3.1.

5.4 In the event of non - payment the Web Site Owner shall be entitled to charge the interest at overdraft interest rate of Nedbank Ltd published in daily newspapers sold in Gauteng, from the date of non - payment to the date of payment, both days included, without the necessity to have demanded payment.

6. SOFTWARE AND EQUIPMENT

It is the responsibility of the Frequent Placer to acquire and maintain, at his / her / its own expense, the necessary computer hardware, software, communication lines and internet access accounts required to access the internet and the web site and / or download personal information from the web site.




7. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA

The Disclosure Document contains the statutory required disclosures for purposes of entering into this agreement, and to Data Subjects posting personal information on the web site.

8 SECURITY

8.1 The Web Site Owner:

8.1.1 shall take all reasonable steps to secure the content of the web site and the personal information provided by Data Subjects and Frequent Placers from unauthorised access and / or disclosure; provided that he does not warrant or represent that the personal information and the career opportunities will not be accessible by unauthorised persons.

8.1.2 is under no legal duty to encrypt any personal information or career opportunities posted to the web site;

8.1.3 is under no legal duty to provide digital authentication of any personal information or career opportunities on the web site.

8.2 The Frequent Placer may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, or computer viruses, to the web site or the server and computer network that support the web site.

8.3 The Frequent Placer may not develop, or use any device to breach or overcome the security measures of the web site.

8.4 If the Frequent Placer commits any of the offences detailed in sections 85 to 88 of the ECTA he / she / it shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and / or incurred by the Web Site Owner and its customers.

9 DISCLAIMER AND LIMITAITON OF LIABILITY

The disclaimer on the home page of the web site shall apply to the terms of this agreement as if record word for word in this clause.

10 CHANGES AND AMENDMENTS

The Web Site Owner reserves the right, in his sole and absolute discretion, to do any of the following, at any time with 1(one) days prior notice to the Frequent Placer:

10.1 change these terms and conditions;

10.2 change the content of the Frequent Placer Options;

10.3 discontinue any aspect of the Frequent Placer Options; and / or

10.4 change the software and hardware required to access and use the web site.

11 HYPERLINKS TO THIRD PARTY SITES

11.1 The Web Site Owner may provide hyperlinks to web sites not controlled by the Web Site Owner ("target sites") and such links do not imply any endorsement, agreement on or support for the content of such target sites.

11.2 The Web Site Owner does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

12 COMMENTS

The Frequent Placer is encouraged to report inaccurate, infringing and / or harmful content available on the web site to the Web Site Owner and the Web Site Owner undertakes to correct and / or remove such content or any part thereof if such content on reasonable grounds prove to be inaccurate, infringing and / or harmful.

13 INTERCEPTION OF COMMUNICATIONS

13.1 Subject to the provisions of the RIC, the Frequent Placer acknowledges the Web Site Owner's right to intercept, block, filter, read, delete, disclose and use all communications sent or posted to the web site by the Frequent Placer.

13.2 This agreement constitutes the written consent in terms of the ECTA and the RIC.

14 APPLICABLE AND GOVERNING LAW

The web site is hosted, controlled and operated from Pretoria, Republic of South Africa and the electronic acceptance of these terms in clause 21 shall be deemed to have constituted an agreement entered into in Pretoria and the South African law shall apply.

15 DOMICILIA AND NOTICES

15.1. The contracting parties choose as their respective domicilia citandi et executandi for all purposes under this agreement, whether in respect of court process, arbitration process, notices or other documents or communications of whatsoever nature, the following addresses:

5 PPARTY PHYSICAL ADDRESS E-MAIL ADDRESS

THE WEB SITE OWNER:




439 Stonewall Str
Faerie Glen
Pretoria
webmaster@careerclassifieds.co.za
PARTY PHYSICAL ADDRESS E-MAIL ADDRESS

THE FREQUENT PLACER:






The address in clause 21.2.1

The address in clause 21.2.2

15.2. Subject to the express provisions of this agreement to the contrary, any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if given in writing which shall include notice by e-mail.

15.3. A party may by notice change the addresses in clause 15.1 or 21.2; provided that the change shall only become effective on the 7th (seventh) day after the deemed receipt of the notice by the other contracting party; and provided that there shall always be both a physical and e-mail address.

16 GENERAL ADMINISTRATION CLAUSES

16.1 Sole Agreement

This agreement constitutes the sole agreement between the contracting parties regarding the rendering of the services in terms of one of the Frequent Placer Options and payment of the service fee. There are no prior and/or side agreements between the contracting parties in this regard.

16.2 Amendments or Additions

No addition or amendment to, or deletion from or consensual cancellation of this agreement will be of any force or effect unless it has been reduced to writing and accepted electronically by or on behalf of the contracting parties hereto, and sent or delivered in terms of clause 15, if applicable.

16.3 Indulgence

No indulgence by one party for the non-compliance of any obligation by the other party in terms of this agreement shall operate as a waiver of the rights of any of the contracting parties or as a novation of their rights.

16.4 Legal Costs

16.4.1 If the Web Site Owner or the Frequent Placer takes any action, including, arbitration proceedings against the other, or obtains any legal advice in respect of any breach of any of the terms of this agreement by a contracting party ("the defaulter"), then the defaulter shall, upon written demand, pay to the non-defaulter on an attorney and own client scale, all legal costs incurred by the non-defaulter in safeguarding or securing its / his / her rights, or enforcing its / his / her remedies.

16.4.2 There are no costs incidental to the entering into of this agreement.

17 AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The contracting parties without limiting the general terms of the agreement recorded in clause 3.2, specifically agree that:

17.1 data messages as defined in the ECTA:

17.1.1 posted by the Frequent Placer to the web site shall in terms of the selected Frequent Placer Option be deemed to have been received if and when they appear on the web site for the first time;

17.1.2 addressed by Frequent Placer to the Web Site Owner shall be deemed to have been created and sent by the Frequent Placer from within the geographical boundaries of South Africa;

17.1.3 addressed to the Frequent Placer by the Web Site Owner shall be deemed to have been received by the Frequent Placer as detailed in Subsection 23 (b) of the ECTA.

17.2 Electronic signatures, encryption and / or authentication is not required for valid electronic communications between the Frequent Placer and the Web Site Owner.

17.3 The Frequent Placer agrees and warrants that data messages that are sent to the Web Site Owner from a computer, address or mobile device normally used by or owned by the Frequent Placer, was sent and / or authorised by the Frequent Placer personally.



18 INTELLECTUAL PROPERTY RIGHTS

18.1 All intellectual property on the web site, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of the Web Site Owner and as such, are protected from infringement by domestic and international legislation and treaties.

18.2 Subject to the rights licensed to the Frequent Placer in clause 4, all other rights to intellectual property of the web site are expressly reserved by and to the Web Site Owner.

19 BREACH AND REMEDIES

19.1 If the Frequent Placer uses personal information on the web site in breach of the terms of the agreement then the Web Site Owner:

19.1.1 has the right to claim damages from the Frequent Placer;

19.1.2 shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from such use.

19.2 Should the Frequent Placer fail to pay the applicable service fee in terms of clause 5.2 then the Web Site Owner shall be entitled to cancel this agreement and the electronic access of the Frequent Placer to the web site and to remove all or some of the data of the Frequent Placer from the web site immediately and without notice and claim an amount equal to three times the applicable service fee in clause 5.2 from the Frequent Placer as the agreed liquidated damages of the Web Site Owner.

20 DISPUTE RESOLUTION:

20.1. As a result of the ongoing relationship between the contracting parties they have agreed to design a non-adversarial dispute resolution process to attempt to settle the disputes that may arise themselves.

20.2. As a result of the agreement reached in clause 8.1 a contracting party shall if he claims or alleges that a dispute has arisen in respect of any matter arising from this agreement:

20.2.1 formulate the dispute in writing; and

20.2.2 deliver it to the other contracting party,

at the domicilium of choice in terms of this agreement, which notice is hereinafter referred to as ("the dispute notice").


20.3. The contracting party receiving the dispute notice shall within three (3) business days of receipt of such notice respond thereto:

20.3.1 by recording his agreement with the formulation of the dispute in writing; or

20.3.2 formulate the dispute in writing as perceived by him or his principal, and deliver it to the contracting party who delivered the dispute notice.

20.4. Both the mediation and arbitration process shall be treated as confidential unless a contracting party is legally obliged to disclose such information by operation of law and shall be respected as such by all persons involved or concerned.

20.5. The Web Site Owner or its main or majority member, and a nominated representative of the Frequent Placer shall meet on an informal basis in an attempt to reach a mutually acceptable self-negotiated settlement, within 3 (three) days from the date in clause 20.2, failing which any one of the contracting parties shall be entitled to refer the dispute as formulated, for arbitration on the terms set out hereinafter, which referral shall for purposes thereof be regarded as an agreement to adjudicate the dispute by way of arbitration.

20.6. In this clause unless the context clearly indicates a contrary meaning:

20.6.1 "the Act" shall mean the Arbitration Act of 1965 as amended;

20.6.2 "the Plaintiff" shall mean the party at whose request the dispute was referred to arbitration in terms of clause 20.4;

20.6.3 "the Defendant" shall mean the other party to the dispute;

20.6.4 "the dispute" shall mean the dispute between the Plaintiff and the Defendant as formulated during the mediation process in clauses 20.2 and 20.3;

20.6.5 "the arbitrator" shall mean the person appointed in terms of clause 20.6.

20.7. An arbitrator shall be appointed by agreement between the contracting parties to the dispute and in appointing the arbitrator due regard shall be had to the nature of the dispute, the experience of the person in arbitration proceedings, and his / her availability and affordability; provided that if the contracting parties cannot come to an agreement with regard to the appointment of an arbitrator, then anyone of them shall be entitled to request the Chairperson of the Brooklyn Branch of the Pretoria Bar Association to appoint an arbitrator, regard being had to the aforementioned criteria.

20.8. The arbitration proceedings shall take place in Pretoria and the nature of the proceedings and the process to be followed shall be determined by the arbitrator in conjunction with the parties, subject to the exclusive right of the arbitrator:

20.8.1 to determine whether the proceedings shall be of an inquisitorial and/or adversarial nature;

20.8.2 to determine who shall carry the burden of filing the claim documents, and the reply and the format of such documents with or without an obligation to discover all relevant documents and/or witness statements simultaneously with the filing thereof;

20.8.3 to rule on the manner in which evidence shall be taken down;

20.8.4 to lay down time limits and the consequences of non-compliance with procedural rules and time limits as well as the conditions for any postponements, if any;

20.8.5 to determine the procedure for determining interim legal points without reference to a court of law;

20.8.6 to determine to what extent the strict laws of evidence shall apply; provided that the arbitrator shall be entitled to allow hearsay evidence and to determine the evidential value thereof.

20.9. The cost of:

20.9.1 the mediation process shall be borne equally by both contracting parties;


20.9.2 the arbitration proceedings, both in respect of interim and final cost orders and the liability therefore, shall be in the sole discretion of the arbitrator taking the agreed rate in clause 16.4.1 into account;

20.9.3 the arbitration proceedings shall, in the event of the dispute being settled outside of the process of arbitration, but after it had been initiated, be paid as agreed in terms of the deed of settlement, or failing agreement, as ruled by the arbitrator.

20.10. The award of the arbitrator both as regards the dispute(s) and the cost order shall be final and binding on both contracting parties.

20.11. This clause shall not preclude either party to approach any court with competent jurisdiction for any urgent interim relief.






21. ACCEPTANCE CLAUSE AND DURATION

IF YOU DO NOT ACCEPT THESE TERMS YOU MUST LEAVE THE CAREERCLASSIFIEDS WEB SITE IMMEDIATELY. FAILING TO DO SO WILL BE DEEMED TO BE AN ACCEPTANCE BY YOU OF THESE TERMS AND THE FORMATION OF A BINDING AGREEMENT IN TERMS OF ECTA


The Frequent Placer:

21.1. is _________________________________________________________
__________________________________________________________ represented by ________________________________________ who personally warrants his / her authority and his / her principal's capacity to contract on the terms set out in this agreement; and

21.2. chooses: (21.2.1) ____________________________________________
___________________________________________________________
as his address where he / she / it will accept service of any legal process;

(21.2.2) ____________________________________________________
___________________________________________________________ e-mail address where he / she / it will accept any notice in terms of this agreement by e-mail;

21.3. accepts the services offered in terms of:

21.3.1 the Basic Frequent Placer Option ; or

21.3.2 the Advanced Frequent Placer Option or

21.3.3 the Plus Frequent Placer Option

against payment of the applicable agreed service fee in clause 5.2.




21.4. accepts the other terms of this agreement which entitle him to the use of the web site and the services offered in terms of the selected Frequent Placer Option selected in terms of clause 21.3, for the period in clause 21.5

21.5. this agreement shall commence on the effective date and shall continue indefinitely until:

21.5.1 terminated by means of one (1) day's written or electronic communication by any one of the contracting parties;

21.5.2 cancelled in terms of clause 19.2.

21.6. ACCEPTANCE

21.6.1 Signature :

21.6.2 The terms of this agreement were accepted by the Frequent Placer as represented and identified in clause 21.1 on ______________________ at Pretoria.


WITNESSES:

1. ___________________________ _____________________________
* as or qq the Frequent Placer


2. ___________________________


* delete whichever is not applicable.