Terms of Service – ShortlistPro Clients V1

Defined terms

Candidate” – A user that is accessing ShortlistPro directly or via a Third-Party Job Board to search for a job.

Client” – Any person or entity that accesses our website to post a job listing or otherwise uses our services for the purpose of sourcing or engaging candidates for employment using the ShortlistPro service.

Jigsaw” – Jigsaw Staffing Limited (NZBN – 9429051658007)

Job Listing” – An online advertisement for a job vacancy.

Job Posting and Candidate Shortlisting” – The provision of posting job listings to third-party Job Boards and using the ShortlistPro service to shortlist Candidates.

Third-Party Job Board” – A website not owned or operated by Jigsaw. For our Standard and Assisted Packages Jigsaw are currently using Seek and Trademe.

Acceptance

ShortlistPro is a job posting and candidate shortlisting service provided by Jigsaw Staffing Limited.

This agreement constitutes an agreement between Jigsaw Staffing Limited and the Client to provide job posting and shortlisting services.

This agreement is binding on execution by both parties.

By accessing or using Jigsaw’s websites and services, the Client agrees to be bound by these terms. If the Client does not agree, they must refrain from using Jigsaw’s website or services. These terms shall be effective as of the date of their publication on our website.

Jigsaw reserve the right to update and amend these terms; the latest version will apply to the Client. Jigsaw’s current terms are available by visiting www.jigsaw.co.nz/shortlistproTOT

ShortlistPro does not guarantee the successful recruitment of a Candidate

Job Listing Content

Each Job Listing will remain on the Third-Party Job Boards for 30 days unless the Client requests that they are withdrawn sooner.

Clients will inform Jigsaw at the earliest opportunity if they have filled the vacancy.

Jigsaw will endeavour to post or remove Job Listings on Third-Party Job Boards as quickly as reasonably possible. The normal lead time to post or remove a Job Listing on Third-Party Job Boards is no later than the following working day.

A branded logo will enable the Clients branding to be displayed within their Job Listing, and their logo will be displayed in search results. The Client will need to provide a high-quality image in GIF, JPG, JPEG, or PNG format for their Job Listing. The minimum dimensions should be 180 pixels (w) 80 pixels (h).

If the Client does not provide a suitable logo, Jigsaw reserves the right to post Job Listings either without branding or using Jigsaw’s branding.

Jigsaw reserves the right to use their branding/details on all Job Posts.

Jigsaw will use its discretion to post Job Listings into the most appropriate geographical location and employment category on Third-Party Job Boards. If Clients do have specific requests, please contact Jigsaw prior to placing an order.

Jigsaw reserves the right to format Job Listings using text, fonts, bullet points, headers and graphics. Jigsaw will endeavour to accommodate specific requests at our discretion.

Jigsaw accepts no liability for any errors made when posting Job Listings.

The Client shall not upload, post, transmit, or otherwise provide any content that Jigsaw, in its sole discretion, deems to be misleading, deceptive, defamatory, infringing upon the intellectual property rights of any third party, or is otherwise objectionable.

The Client confirms that they either own, or have obtained all necessary rights, licenses, and permissions to use, any content they provide for their Job Listing or otherwise make available through our platform in connection with the Clients use of the services, and that such use does not and will not infringe the intellectual property or other rights of any third party. The Client agrees to indemnify and hold harmless Jigsaw from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or in connection with the Clients use of the services.

Jigsaw has the right to remove any Job Listings that are in breach of our terms.

Refunds for Job Listings removed by Jigsaw will be solely at the discretion of Jigsaw.

As Jigsaw are posting Job Listings on Third-Party Job Boards Job Listings will be subject to the Terms and Conditions of those websites.

Shortlisting and Candidate Submissions

Jigsaw will reject or shortlist candidates using the following methodology

1 - The answers provided on the screening questions agreed with the Client

2 - The discretion of Jigsaw’s team

The Client understands that there are no guarantees that they will find the Candidate that they are seeking by using Jigsaw’s services

Jigsaw accepts no responsibility for candidates that are rejected/shortlisted by error.

Shortlisted Candidates will be sent via email at a frequency agreed with the Client. Jigsaw accepts no responsibility for any delays.

All candidate applications remain the property of Jigsaw and Jigsaw reserves the right to contact any candidate about other opportunities.

Pricing and Payment

All prices provided by Jigsaw are exclusive of GST unless otherwise stated.

All payments are to be made by Credit/Debit Card unless the Client has been approved for a credit account.

Pricing is provided when placing Job Listings, any changes in pricing will be either displayed on our website or for credit accounts Clients will be informed in writing 7 days prior to the change.

Cancellation Policy

The Client can remove their ad and cancel our services at any time. Refunds for cancellations are solely at Jigsaw’s discretion

Liability and Indemnity

ShortlistPro is a job posting and shortlisting service. Applications from candidates are based on information provided by candidates. Jigsaw shall not be liable for any loss, damage, or costs incurred by the Client arising from any particulars or information supplied to Jigsaw by a Candidate, or by a third party on behalf of a Candidate, which are subsequently found to be inaccurate, incomplete, or misleading, and which are provided by Jigsaw to the Client in good faith.

Jigsaw always recommends that the Client conducts its own due diligence in respect of a Candidate prior to deciding to offer a position to a Candidate.

Jigsaw will not be liable for any and all losses, including direct losses, indirect or consequential losses, loss of profit, loss of actual or anticipated savings, loss of anticipated revenue, loss of reputation or regulatory fines, liabilities, costs and expenses (including legal costs and expenses) incurred by the Client arising from the Candidate’s acts or omissions including their acts or omissions in the performance of their employment with the Client.

Unless otherwise agreed with the Client, Jigsaw may communicate with the Client by electronic means. Such communications may be subject to interference, interception, inadvertent misdirection or may contain viruses or other defects. Jigsaw does not accept responsibility, and will not be liable for, any damage or loss caused to the Client in connection with such corruption of electronic communication.

Although Jigsaw takes all reasonable measures to protect the privacy and integrity of the information the Client provides, the Client acknowledges that such information may be unlawfully accessed or intercepted by third parties while in transit over the internet or when stored on our systems, websites, or applications. To the fullest extent permitted by law, Jigsaw disclaims any and all liability for any loss, damage, or harm the Client may suffer as a result of such unauthorized access or interception.

The Client acknowledges and agrees that Jigsaw does not guarantee or warrant that any files made available for download through our websites or applications, or delivered via electronic mail, will be free from viruses, worms, Trojan horses, or other harmful or destructive code.

Confidentiality

Any information supplied to the Client by Jigsaw regarding a Candidate is done strictly on a confidential basis to enable the Client to assess a Candidate’s suitability for the position. Except where authorised or required by law, disclosure of any information to any third party by the Client will require express written consent from Jigsaw.

General

While Jigsaw will use reasonable efforts to provide services to a high standard, Jigsaw makes no representation or warranty that their websites or applications will meet the Clients requirements, operate without interruption, be free from errors or faults, or remain secure from viruses, malware, or other harmful components. In the event that a fault arises, the Client must promptly notify Jigsaw, and Jigsaw will use reasonable efforts to remedy the fault within a reasonable time.

From time to time, access to our websites and applications and Third-Party Job Boards may be suspended or restricted to allow for repairs, maintenance, or the introduction of new features, content, or services. Jigsaw will use reasonable efforts to restore access and functionality as soon as practicable, but Jigsaw accept no liability for any loss, damage, or inconvenience suffered as a result of such interruptions.

 

Governing Law

This agreement shall be governed by and construed in accordance with the laws of New Zealand and the parties shall submit to the exclusive jurisdiction of the New Zealand Courts.

 

(Credit Accounts Only)

The Client agrees that the opening of an account is at the sole discretion of Jigsaw

This agreement is intended to supplement Jigsaw’s account application form.

The invoice for the Job Posting and shortlisting services shall be issued on the day that the Client’s order is submitted. The Client agrees to pay Jigsaw’s invoice with seven (7) days of the date of the invoice.

The Client shall pay Jigsaw’s invoice without deduction and the Client shall have no right to set-off, counterclaim or cross demand (including that referred to in Section 290(4) of the Companies Act 1993) for any claim, debt or obligation whatsoever against Jigsaw.

Jigsaw has the right to charge interest (at a rate of 10% per annum) on any invoice not paid within the agreed payment period.

All debt collection costs (including those on a full solicitor/Client basis) incurred by Jigsaw for the collection of any of the Client’s unpaid invoices shall be paid in full and without deduction by the Client.

If payment is not received by the due date, or the Client is otherwise in debt to Jigsaw under this agreement or any other, Jigsaw may take action that they consider appropriate. Jigsaw may suspend or terminate access to their services.