Conditions of Use for Job Seekers
In these terms and conditions: "site" means the internet website "execonnect.com.au" and includes the products and services contained therein; "ExeConnect" (ABN 86 850 962 586) and in particular in its capacity as owner and controller of the site; and "you" and "job seekers" means the person or entity using the products and services on the site.
1. no liability to users of this site
ExeConnect gives no warranty in relation to the service provided or supplied. Under no circumstances is ExeConnect or any of its carriers or suppliers liable or responsible in any way to you or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), howsoever caused, including as a result, direct or indirect of any defect, deficiency or discrepancy in the service including its form, content and timeliness of delivery, including, without limitations, for and in relation to any of the following:
(a) Any service supplied to you.
(b) Any delay in supply of the service.
(c) Any failure to supply the service.
(d) Any technical or non-technical failure.
(e) Any content or information accessed via the service with or without your authorisation.
The Australian Trade Practices Act 1974 and certain State and Territory legislation may imply certain conditions and warranties into the Agreement. To the extent permitted by law those conditions or warranties are expressly excluded. Where they cannot be excluded, ExeConnect's liability (if any) arising from the breach of those conditions and warranties is limited, in ExeConnect' discretion to the supply of the services again or cost of resupplying the services again.
2. intellectual property
you acknowledge that all intellectual property contained on this site is and remains at all times the property of ExeConnect or the potential employers identified on the site. You agree not to use the information or other material on this site for any unlawful purpose or in any manner that would, in any way, infringe our intellectual property rights or those of the potential employers.
3. no guarantee of vacancies
Whilst ExeConnect strives to ensure that all vacancies are genuine vacancies and are available throughout the time we are advised, ExeConnect does not guarantee the availability of any job made known to you via this site and will not be liable to you if the vacancy is not a genuine vacancy or is filled by the employer at any time.
4. no responsibility for job vacancies offered
ExeConnect accepts no responsibility for the content or accuracy of job vacancies offered via this site and does not in any way recommend or endorse any jobs offered via this site. ExeConnect will not be liable to you for the quality or safety of jobs offered via this site.
5. you agree to provide accurate information
You agree and acknowledge that all information you provide on this site is true and accurate and that no information and omissions given or made by you are intended to mislead or deceive any person or are likely to have that effect.
6. no warranty for site
Whilst ExeConnect takes great care to ensure the service provided on the site is of the highest standard, we give no warranties to users as to the reliability or availability of the site, that the site will be free from viruses and other damaging programmes or code, whether replicating or otherwise, or that use of the site will not result in damage or loss to your hardware, software or any data stored on it. You agree that you are solely responsible for providing any software and other devices necessary to effectively deal with viruses and other damaging or destructive programmes and code that may affect your data or other property.
7. no guarantee to protect your information
ExeConnect accepts no liability for any loss or damage incurred by you as a result of information provided to us by you being copied, intercepted or otherwise unlawfully dealt with by unauthorised persons or entities, whether in transition to or from the site or whilst stored on the site.
8. no liability for loss or misuse of passwords and login names
You acknowledge that you are solely responsible for the maintenance, use and security of your password or login name and that ExeConnect will not be liable for any loss or damage you may incur as a result of the loss or misuse of either of them. You must maintain the confidentiality of your password and account, and are responsible for all activities that occur with your account. Where the current account details and password are provided, ExeConnect is entitled to assume that the access is by you, or authorised by you, and you indemnify ExeConnect completely against any claim of loss or damage that results from wrongful, fraudulent or other access (using the correct account details and password) to your account.
9. no endorsement of other sites sponsored or advertised
As a further service to you and others, ExeConnect may provide links to other sites or allow sponsors or other persons to display their logos or otherwise advertise their products or services on the site. Such action by ExeConnect does not imply either directly or indirectly that ExeConnect endorses such sites, products, services or entities in any way. ExeConnect has no control over such sites, products, services or entities and will not be liable for any loss or damage incurred by you as a result of, or in connection with, your use of such sites, products or services.
10. use of your information
You acknowledge and agree that ExeConnect may use any information (other than your personal information) and intellectual property you provide to us through the site at any time and for any reason. In handling your information, ExeConnect will comply with the ExeConnect privacy policy.
11. adherence to terms and conditions
ExeConnect may change these terms and conditions at any time. All changes will become effective immediately they are published on this site, unless stated otherwise, and you agree to be bound by these terms and conditions as amended by us from time to time.
12. governing law
These terms and conditions shall be governed by the laws of New South Wales you agree to submit to the exclusive jurisdiction of the courts of New South Wales.
13. severance of unenforceable terms
Any part or parts of these terms and conditions which may be held invalid shall be severed from the remainder of the terms and conditions which shall continue to be valid and enforceable.
14. termination of the agreement
If the agreement entered into is terminated for any reason whatsoever, such of these terms and conditions which shall be capable of surviving such termination shall continue to be valid and enforceable.
Conditions of Use for Potential Employers
Contractor and/or Candidate
Means any natural person who is presented for consideration to the Client by ExeConnect.
Fee
Fee means the agreed amount payable per hour or per day to ExeConnect for providing the services of the Contractor, or in the case of a permanent appointment, the agreed percentage of salary package plus GST.
The proposed Fee will be included in the proposal supplied to the Client by ExeConnect before ExeConnect is engaged.
Expenses
Out of pocket expenses incurred by ExeConnect during the course of ExeConnect engagement will be payable to ExeConnect by the Client. The Client's prior approval must be gained for any interstate travel or other major expense items.
Appointment to Permanent Staff During or within 12 months from completion of Interim or Contract assignment
If a Contractor is subsequently appointed to a full time position by the client or related entity during the term of an Interim assignment or within 12 months from the completion of that assignment, the Client must pay to ExeConnect an Appointment fee equal to the agreed percentage of the agreed salary package plus GST.
The employment of the Contractor by the Client or a related entity shall effect a termination of the engagement of ExeConnect and its obligations to the Client.
Database Retrieval / Referral Fee Levels
When ExeConnect refers a candidate to an organisation and that candidate is subsequently appointed to a full time role without first undertaking an Interim assignment and within 12 months of referral, the Client must pay to ExeConnect an agreed Appointment fee equal to the agreed percentage of the salary package plus GST.
Terms of Payment
The terms on which the services of a Contractor/Candidate are provided and the Client's obligation to pay ExeConnect invoices and any out of pocket expenses shall be determined by ExeConnect Terms of Engagement as signed by the Client at the time the assignment/placement is confirmed and shall apply from the agreed commencement date until the conclusion of the assignment.
The provisions of the Terms of Engagement shall apply to the provision of the services of the Contractor to the Client (in any capacity whatsoever).
Termination
Either party may terminate any agreement made in respect of the provision of the services of a Contractor (without cause) on 30 days notice. Termination shall not affect any party's rights accrued up to and including the date of termination and the provisions of any clause conferring post termination rights will survive the termination of any agreement between ExeConnect and the Client.
Invoicing
Invoices may be dispatched by both mail and Email. Where practical, the Client will pay ExeConnect invoices by direct credit to the ExeConnect bank account nominated by it for that purpose. For reasons of confidentiality, all invoices may include only brief information. However, where necessary, details will be provided on request.
GST
All fees will be exclusive of GST and the Client must pay any GST properly charged by ExeConnect.
Confidentiality
In the course of its engagement ExeConnect will become privy to various sensitive or confidential information concerning the Client. ExeConnect shall take appropriate steps to maintain the confidentiality of that information. Likewise, ExeConnect shall be furnishing the Client with commercially sensitive information about people and companies. That information must be kept confidential and its circulation limited to a need-to-know basis so that it will not be passed to any third party.
ExeConnect adheres to the National Privacy Principles established by the Privacy Act 1988. Our Privacy statement sets out ExeConnect policy relating to the collection and use of personal information.
Availability
ExeConnect will make every effort to ensure that, at the time ExeConnect is engaged that the Contractor/Candidate is available for the anticipated duration of the project as outlined in the proposal. Candidate reports will provide an indication of further availability should, for any reason, the project be extended by circumstances that were not anticipated at the time ExeConnect is engaged.
If by reason of sickness, injury or other mental or physical disability the Contractor cannot provide that person's services, ExeConnect will have no liability to the Client.
Disclaimer
Whilst every effort is made to maintain a high standard of integrity and a reliable service, no liability can be accepted by ExeConnect for any negligence, dishonesty, misconduct or lack of skill or failure of performance on the part of any Contractor/Candidate provided by ExeConnect.
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