Terms & Conditions

1.1 KONNEKT binds itself to inform to inform the Candidate of the Client’s identity prior to disclosing such information to the Client.

 

1.2 Subject to clause 1.1 above, solely for the purpose of the potential employment of the Candidate, by accepting these Terms of Business, the Candidate understands that his/her personal data and other information disclosed to KONNEKT, may be forwarded to the Client.

 

1.3 The Candidate is hereby accepting these Terms of Business and is aware of the potential exposure disclosure and the dissemination of the Candidate’s personal data divulged to KONNEKT and of the obligations arising from these Terms of Business. The Candidate is advised in case of doubt to first contact KONNEKT should further clarification or information be required. 

 

1.4 The Candidate is aware and understands that upon disclosure of his/her personal data and other information by KONNEKT to the Client, KONNEKT has no control or responsibility for the handling of such personal data and other information by the Client.

 

 

2. Definitions

 

2.1 Unless otherwise provided, the following terms shall have the following meanings attributed to them:

 

2.1.1 Candidate means the person (seeking employment) entering into and accepting the terms and conditions of these Terms of Business.

 

2.1.2 Client means the person/entity (prospective employer) using KONNEKT’s website to source Candidates on its behalf, and accepting the terms and conditions of these Terms of Business

 

2.1.3 Confidential Information means all information or data, written, visual or oral, disclosed to, or obtained by, one Party from the other Party, or by a third party on behalf of one Party for, or ancillary to, or arising out of the provision of the Services (and shall include information and data on the Client and Candidates).

 

2.1.4 KONNEKT means KONNEKT Talent Search & Selection Co Ltd, of Level 1, Europa Centre, St Anne Street, Floriana.

 

2.1.5 Services means the services provided to the Client (prospective employer) by KONNEKT (employment agency) in recruitment of Candidates.

 

 

3. Services

 

3.1 KONNEKT will provide to any Client it deems appropriate, at its sole discretion, the data and information collected on the Candidate, unless otherwise authorised by the Candidate, for the purposes of the potential employment of the Candidate with the Client. Provided that prior to disclosing any data and information on the Candidate to a Client, KONNEKT will seek the prior verbal approval of the Candidate, who accepts.

 

3.2 The Candidate accepts and understands that these Terms of Business shall in no manner constitute any guarantee that the Candidate will find suitable or acceptable employment, or a guarantee as to the suitability of any Client, and KONNEKT in no manner guarantees that any Client will make any offer in respect of any position.

 

 

4. Duration and Termination

 

4.1 These Terms of Business shall remain in effect indefinitely unless otherwise terminated by either Party by giving one month’s prior written notice to the other Party.

 

4.2 KONNEKT shall be entitled by notice in writing to terminate these Terms of Business and consequently terminate the relationship with the Client upon breach of any terms and conditions hereof.

 

 

5. Client Information and Introductions

 

5.1 Both introductions to Clients and disclosure that a Client is seeking to fill a position are confidential and the Candidate undertakes not to disclose any Confidential Information in respect of any introduction to any third party saving to the relevant Client.

 

5.2 The Candidate undertakes that in no manner shall he/she approach a Client introduced by KONNEKT, other than through KONNEKT.

 

 

6. Candidate Data and Information

 

6.1 The Candidate undertakes to provide KONNEKT with accurate and correct data and information requested, free from any inaccuracies or exaggerated claims, and shall immediately inform KONNEKT by updating his/her profile to reflect any change to such data or information. This will enable KONNEKT to ensure it presents the Candidate with the most relevant career opportunity.

 

 

7. Warranties

 

7.1 KONNEKT warrants that it is properly licenced and authorised to carry on the business of an employment agency in Malta, and shall immediately notify the Candidate should this status change.

 

7.2 The Candidate warrants that it can validly contract, and is not in breach of any agreement in contracting these Terms of Business with KONNEKT, and shall hold harmless KONNEKT in this respect.

 

7.3 The Candidate warrants that all and any data and information disclosed or divulged to KONNEKT, any Client or other third party through KONNEKT’s website, is accurate, true and correct, and shall hold harmless KONNEKT in this respect.

 

 

8. Liability 

 

8.1 Under no circumstances shall KONNEKT, its agents, providers or employees be held responsible or liable for any loss or damages which result from the Candidate’s utilisation of this website and the Services provided for therein unless this is caused by the direct fault or negligence of KONNEKT. This includes but is not limited to all damages, special, punitive or consequential damages that may result from any information or documentation on the Candidate made available to any Client, or the performance, suitability or otherwise of any Client as well as any busy signals, errors, delays in the service, deletion of files, viruses, theft or alteration of the Candidate’s computer.

 

8.2 KONNEKT shall only be liable for any loss or damage arising in connection with these terms and conditions, or caused by its breach or any negligence, to the extent that such loss or damage is proven, foreseeable and fully mitigated.

 

 

9. Engagement

 

9.1 Upon employment the Candidate undertakes to immediately confirm in writing to KONNEKT the job title, nature of employment and his/her annual salary.

 

9.2 The Candidate is aware and accepts that KONNEKT, at its discretion, may decide to retain any data or other information on the Candidate.

 

 

10. Confidentiality

 

10.1 The Parties are obliged to keep any information procured under this Agreement and in the provision of Services as confidential.

 

10.2 The Candidate however authorises KONNEKT to disclose or divulge Confidential Information in connection with these Terms of Business to Clients, restricted to such Confidential Information that the Candidates may need to know, unless the Client shall specifically in writing advise KONNEKT otherwise or as otherwise provided in these Terms of Business.

For the avoidance of doubt, as above provided, KONNEKT will only inform the Client of any personal data on the Candidate subject to the prior approval of the Candidate.

 

10.3 The Candidate shall not directly or indirectly disclose or divulge any information in any manner obtained or procured under this Agreement to any third party without the consent of KONNEKT.

 

10.4 For the purposes of these Terms of Business, the obligations of confidentiality to be observed by each party shall not apply to information which:

a) is in the public domain, or becomes common knowledge without breach of these Terms of Business or was already known or in possession of the other Party, unless previously disclosed under an obligation of confidence; or

b) the receiving Party obtains or has available from a source other than the disclosing Party without breach by the receiving Party or such source of any obligation of confidentiality or non-use towards the disclosing Party; or

c) is furnished by the disclosing Party to a third party without restriction on disclosure or use; or

d) the disclosing Party authorizes disclosure in writing, or after three years from the date that such information was given.

The foregoing exceptions shall not apply to specific information merely because it is embraced by more general information which falls within any one or more of such exceptions and any combination of features merely because individual features (but not the combination itself) fall within any one or more of such exceptions.

 

 

11. Data Protection

 

11.1 Personal data, whether sensitive or otherwise, disclosed to KONNEKT from time to time shall be recorded in a database and processed according to KONNEKT’s requirements for the following purposes (as and when KONNEKT may determine):

a) carrying on employment agency, administration and related services;

b) advertising, marketing and public relations; 

c) consultancy and advisory services; 

d) direct marketing, such as informing you by mail, telephone, fax, e-mail or other electronic means, about other products and services supplied by KONNEKT, its subsidiaries, associates, agents and by other carefully selected third parties, and for research purposes;

e) education and training; 

f) information and databank administration as a reference tool or general resource; 

g) personnel;

h) any other purpose that may be necessary for the execution of the instructions to KONNEKT from time to time. 

 

11.2 It is expressly agreed that personal data may be disclosed to or exchanged with all employees of KONNEKT.

 

11.3 The Candidate is entitled to request KONNEKT to inform it in respect of the personal data held about the Candidate that is processed and to request its correction where necessary. Whilst KONNEKT may periodically request the Candidate to reconfirm its personal data, the Candidate is obliged to notify KONNEKT immediately in writing if such data has changed.

 

11.4 The Candidate is hereinafter expressly consenting to the processing of their personal data by KONNEKT for direct marketing purposes.

 

 

12. Notices

 

12.1 Any notice required under these Terms of Business shall be given to KONNEKT at the following address (which may be updated from time to time as appears on KONNEKT’s website): Level 1, Europa Centre, St Anne Street, Floriana.

 

12.2 The Candidate shall be given notice at the address or email provided in the Application section on KONNEKT’s website. Provided that the Client undertakes to immediately inform KONNEKT of any change in its data / information including change in address or email.

 

12.3 Where KONNEKT has been authorised to act on letter, fax or email instructions, KONNEKT, and all persons acting on its behalf, shall not be responsible or liable for acting or relying on letter, fax or email instructions and communications or signatures which on their face appear to be genuine and coming from the Candidate, except in the case of wilful misconduct, deliberate fraud or gross negligence of KONNEKT.

 

 

13. Miscellaneous

 

13.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal successors but shall not otherwise be assignable by either party without the written consent of the other which consent shall not be unreasonably withheld.

 

13.2 No variation or amendment to this Agreement shall bind either party unless agreed to in writing by duly authorized officers of both parties.

 

13.3 If any provision of this Agreement is agreed by the parties to be illegal, void or unenforceable under any law applicable hereto or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision shall be deemed to be excised herefrom, with effect from the date of such agreement or decision or such earlier date as the parties may hereby agree.

 

13.4 The headings in this Agreement are for convenience only and shall not have any legal or interpretative effect.

 

13.5 A failure by either party hereto to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

 

 

14. Governing Law

 

14.1 The agreement and all relations, disputes and other matters arising hereunder shall be governed by, and construed in accordance with, the Laws of Malta.

 

14.2 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of the Malta Arbitration Centre as at present in force. The appointing authority and administrator shall be the Malta Arbitration Centre. The number of arbitrators shall be one. The place of arbitration shall be Malta. The language to be used in the arbitral proceedings shall be English.  Arbitration in terms of this Clause shall constitute the sole and exclusive remedy for the resolution of disputes, controversies of claims arising out of or relating to this agreement, or the breach, termination or invalidity thereof.

 

 

I CONFIRM THAT I HAVE PROPERLY READ AND UNDERSTOOD THE ABOVE TERMS AND CONDITIONS, AND THAT I CAN VALIDLY AND FREELY ENTER INTO THESE TERMS AND CONDITIONS.