Terms and Conditions
1. INTRODUCTION 1.1. PNet (Pty) Ltd ("PNet") owns and operates a recruitment database ("the Database") at www.pnet.co.za ("the Website") via which you may, amongst other things, advertise job vacancies to potential candidates. 1.2. You have selected a subscription package ("Package") offered by PNet to subscribe for specified access to, and use of, the Database ("the Services") for the period, and at the subscription fee and terms and conditions as described in full on www.pnet.co.za, provided for in your Package.
1.3. For the duration of your Package and in return for payment of the applicable subscription fee, PNet will for the purposes of your business, provide you with the Services applicable to your Package, via the Website, on these terms and conditions.
2. PAYMENT AND CONTRACT RENEWAL 2.1. The method of payment of your subscription fee is prescribed in your Package. 2.2. If you fail to pay the full amount of your subscription fee by the due date for payment, PNet may suspend your access to and use of the Website and the Services until such time that PNet receives full payment of your subscription fee. In the event that your services are suspended due to non-payment, PNet may charge you 10% of your contract value as a reconnection fee to reinstate your services. 2.3. In the event of a renewal, should the renewal date not follow on the date directly after the date of contract expiry, PNet may charge you 10% of your contract value as a reconnection fee to reinstate your services. 2.4. PNet is not liable for any loss or damages which you may suffer as a result of not having access to or use of the Website and/or the Services because you failed to pay the subscription fee by the due date for payment.
3. PNET SYSTEM AND WEBSITE ACCESSIBILITY 3.1. The Client shall not have any claims against PNet, nor shall be entitled to any reduction in subscription fees payable under this agreement, in the event that the PNet system is not accessible as a result of: 3.1.1. Routine or planned maintenance; 3.1.2. Circumstances beyond the reasonable control of PNet (including without limitation, the failure of hosted network infrastructures, including routers, switches and cabling provided by Telkom and Internet Service Providers); and/or 3.1.3. Other downtime resulting the system being unavailable, providing that such downtime (other than downtime resulting from the circumstances contemplated by clause 3.1.1 and 3.1.2 above shall not exceed 30 hours per month. 3.2. For the purpose of this clause 3, downtime is measured from the time a fault is logged by a client (provided that the fault is verified by PNet as arising from the failure of the PNet server and/or supporting software), to the time that the system is once again accessible to and data is capable of being transmitted and received on the website by a client. 3.3. If downtime in any one month continues for a period of at least 24 consecutive hours in excess of the maximum downtime referred to in clause 3.1.3 above, PNet will, at the client’s request, refund 5% of the client’s monthly subscription fee for each period of excess downtime, limited to 100% of the client’s monthly fee. Save for the aforesaid refund, the client shall not have any other remedy consequent upon such excessive downtime. 4. AUTHORISED USERS
4.1. PNet will provide the Services to the number of users ("Authorised Users") specified in your Package, for the purposes of your business, and for no other purpose whatsoever. 4.2. You may only allocate one person per Authorised User. Only Authorised Users may access and use the Services. Each Authorised User must use the facility provided on the Website to create a password for his or her access to the Services. The password must be kept confidential, secure and protected from use by other persons.
4.3. You must not, and must procure that the Authorised Users do not, make the Website or the Services available to any third party by any means.
4.4. You must ensure that the Authorised Users comply with the provisions of these terms and conditions when accessing and using the Services, and you will be responsible for any Authorised User's breach of these terms and conditions
4.5. The client’s right to access the system ends upon termination of this agreement for any reason whatsoever. The client undertakes to ensure that access rights for staff who leave its employ are immediately disabled through PNet’s support systems.
5. PROTECTION OF PERSONAL INFORMATION 5.1. The PNet Database contains personal information as defined in the Protection of Personal Information Act, 2013 ("POPI"), belonging to third parties/job-seekers. PNet does not warrant the accuracy or correctness of the information contained in the Database or that it is up-to-date. 5.2. PNet is authorised by such third parties/job-seekers to disclose
their personal information to you for processing, as defined in POPI. You may not collect, use or store such personal information in any manner and for any purpose contrary to such authorisation and/or POPI. 5.3. You shall comply with your obligations in terms of POPI in relation to processing any information you obtain from the PNet Database. Your obligations include obtaining from job- seekers their consent to process their personal information. 5.4. You indemnify PNet against any claim by any third party/job- seeker arising from, or in connection with, your processing of personal information obtained from the PNet Database.
6. BREACH 6.1. In addition and without prejudice to all its other remedies under these terms and conditions or in law, including the right to claim damages, PNet may cancel your Package or claim specific performance from you, if you: 6.1.1. breach any material provision of these terms and conditions that cannot be remedied; or 6.1.2. breach any other provision of these terms and conditions and fail to remedy that breach within 7 days after receiving written notice from PNet to do so. 6.2. PNet may audit the use of the Services by the Authorised Users. Any breach of these terms and conditions by an Authorised User is deemed to be a breach by you.
7. TERMINATION 7.1. Should the client wish to cancel the service provided under the contract at any time during the period, no part of the fee is refundable to the client. 7.2. If the client fails to comply with the provisions of clause 2 of this agreement, PNet may immediately cancel this agreement and claim the full amount of the subscription fee for the remainder of the period as well as damages.