Terms of Business THE CLIENT IS ADVISED TO READ THESE TERMS OF BUSINESS CAREFULLY BEFORE ACCEPTANCE THEREOF. 1. General 1.1 The Client should ensure that it has read, understands and accepts these terms and conditions for the Services prior to interviewing any Candidate. 2. Definitions 2.1 The following terms shall have the following meanings attributed to them: “Candidate” means any person having applied through Konnekt’s website, to be considered as a candidate (potential employee) and accepting the terms and conditions of Konnekt in respect of candidates. “Client” means the person/entity (prospective employer) using Konnekt’s website to source Candidates on its behalf, and hereby accepting the terms and conditions of these Terms of Business “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). “Konnekt” means Konnekt Talent Search & Selection Co Ltd, of Europa Centre, John Lopez Street, Floriana. “Services” means the services provided to the Client (prospective employer) by Konnekt (employment agency) in recruitment of Candidates. 3. Agreement 3.1 By requesting any Services from Konnekt, the Client is deemed to have accepted the terms and conditions of these Terms of Business, which will govern Konnekt’s provision of Services to the Client to the exclusion of any other terms and conditions. 3.2 The Client hereby confirms, accepts and understands that by requesting any Services from Konnekt, the Client is accepting these Terms of Business. The Client is advised in case of doubt to first contact Konnekt should further clarification or information be required. 4. Services 4.1 The Client shall be granted limited access to post career opportunities, collect CVs, interview and potentially employ Candidates, who accept, in the manner provided on this website, and subject to the terms and conditions set forth herein. 4.2 All vacancies posted on this website by the Client must reflect vacant positions with the Client. 4.3 The Client also binds itself to provide an accurate and correct description of such vacant position, which description must be free from any inaccuracies or exaggerated claims. 4.4 The Client accepts and understands that the provision of the Services by Konnekt shall in no manner constitute any guarantee that the Client will find a suitable or acceptable Candidate for any position, or a guarantee as to the performance of any Candidate, and Konnekt in no manner guarantees that any Candidate will accept any offer in respect of any position made by the Client. 5. Duration and Termination 5.1 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. 5.2 Konnekt shall be entitled by notice in writing to terminate these Terms of Business and consequently the relationship with the Client upon breach of any terms and conditions hereof. 5.3 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, including but not limited to providing any inaccurate description as provided under clause 4.3. 6. Introductions 6.1 Introductions to Candidates are confidential and the Parties undertake not to disclose any Confidential Information in respect of any introduction to any third party saving the relevant Candidate. 7. Suitability of References 7.1 As Konnekt will not be recommending Candidates to the Client, said Konnekt shall have no responsibility or liability as to the accuracy of information provided or suitability of any Candidate. 8. Warranties 8.1 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 Client should this status change. 8.2 Konnekt warrants that it will carry on the Services competently and diligently. 8.3 The Client warrants that it is authorised to contract this Agreement with Konnekt, and shall hold harmless Konnekt in this respect. 9. Liability 9.1 Under no circumstances shall Konnekt, its agents, if any, providers or employees be held responsible or liable for any loss or damages which result from the Client’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 the Client, or the performance, suitability or otherwise of any Candidate as well as any busy signals, errors, delays in the service, deletion of files, viruses, theft or alteration of the Client’s computer. 9.2 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. 10. Engagement of Candidates 10.1 The Client undertakes to notify Konnekt immediately of its intention to employ a Candidate introduced through Konnekt’s website. 10.2 If the Client introduces a Candidate first introduced from Konnekt’s website to a third party company, firm, person or body which employs such Candidate within six (6) months of the introduction of the candidate by Konnekt to the Client, then the Client undertakes to immediately notify Konnekt and shall be responsible and immediately liable for an introduction fee equivalent to 15% of the Candidate’s annual salary. 11. Confidentiality 11.1 The Parties are obliged to keep any information procured under this Agreement and in the provision of Services as confidential. 11.2 The Client however authorises Konnekt to disclose or divulge Confidential Information in connection with the Services to Candidates, restricted to such Confidential Information that the Candidates may need to know, unless the Client shall specifically in writing advise Konnekt otherwise. Provided that Konnekt will only inform the Client of any personal data on the Candidate subject to the prior approval of the Candidate. 11.3 The Client 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 and the Candidate. 11.4 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. 12. Data Protection 12.1 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: (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. 12.2 It is expressly agreed that personal data may be disclosed to or exchanged with all employees of Konnekt, its subsidiaries, associates and agents, if any, including Candidates and other third parties contracted by Konnekt for the furtherance of its products or services. 12.3 The Client is entitled to request Konnekt to inform it in respect of the personal data held about the Client that is processed and to request its correction where necessary. Whilst Konnekt may periodically request the Client to reconfirm its personal data, the Client is obliged to notify Konnekt immediately in writing if such data has changed. 12.4 The Client is hereinafter expressly consenting to the processing of their personal data by Konnekt for direct marketing purposes. 13. Advertising 13.1 The Client accepts and is aware that the information and data it provides to Konnekt in respect of potential recruitment will be advertised on Konnekt’s website and freely available to visitors to Konnekt’s website. [Confirm with JS if there is user login] 14. Notices 14.1 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): Europa Centre, John Lopez Street, Floriana. 14.2 The Client shall be given notice at the address provided in the {Application} section on Konnekt’s website. Provided that the Client undertakes to immediately inform Konnekt of any change in its date / information including change in address. 14.3 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 Client, except in the case of wilful misconduct, deliberate fraud or gross negligence of Konnekt. 15. Miscellaneous 15.1 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. 15.2 No variation or amendment to this Agreement shall bind either party unless agreed to in writing by duly authorized officers of both parties. 15.3 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. 15.4 The headings in this Agreement are for convenience only and shall not have any legal or interpretative effect. 15.5 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. 16. Governing Law 16.1 The agreement and all relations, disputes and other matters arising hereunder shall be governed by, and construed in accordance with, the Laws of Malta. 16.2 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 AM DULY AUTHORISED TO ENTER INTO THESE TERMS AND CONDITIONS ON BEHALF OF THE CLIENT. ATTENTION OF THE CLIENT IS ALSO DRAWN TO THE LIABILITY CLAUSE AND THE INTRODUCTION TO THIRD PARTIES CLAUSE 11.3 IN THE ABOVE TERMS AND CONDITIONS.
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