Terms & Conditions

Introduction

These are the Terms and Conditions of use and service for www.job.com. The website, any mobile applications we make available and job alert emails we may send from time to time is operated by My Job Matcher, Inc. dba Job.com (we, us and our). Our registered office is at 310 Alder Road, Dover, Kent, Delaware 19904.

Your use of the Job.com Platform, which includes the website and mobile applications will be subject to these Terms and Conditions by using the Platform you agree to be bound by them.

We reserve the right to change these Terms and Conditions from time to time by changing them on the Platform. If you continue to use the Platform after any such revisions take effect then you will be taken to have agreed to the revised Terms and Conditions. These Terms and Conditions were last updated on August 7, 2018.

In addition to these terms our Privacy Policy also applies to your use of the Platform and is incorporated by reference into these Terms and Conditions.

Please note the domain Job.com is a brand used on the Platform, which the owners of the domain, reserve the right to use for other purposes at their sole discretion.

Registering an account

To use the Platform you will need to register an account.

In order to register you must:

  • be an individual aged 16 years old or older.

Candidates / Jobseekers

When registering, you will be asked to provide:

  • your full name;
  • email address;
  • phone number;
  • location;
  • your resume and any other information reasonably requested by us as part of the registration process.

We may use automatic parsers to identify some registration details but it is your responsibility to check and approve the registration details produced by the parsers. We do not accept any responsibility or liability for any errors or Inaccuracies In the registration details.

All information that you provide to us when registering an account must be true and accurate to the best of your knowledge and belief. It is your responsibility to ensure that information in your account and Resume is updated regularly with any relevant changes.

Employers

When registering, you will be asked to provide:

  • your organization name;
  • your full name;
  • your position;
  • email address;
  • phone number;
  • location;
  • and any other information reasonably requested by us as part of the registration process.

If you come to Job.com via one of our affiliates some or all of the above information may be provided by forms you have completed on the affiliate website. It is however your responsibility to check that the information provided is accurate on the Job.com Platform and edit / amend accordingly if required.

All users

We reserve the right in our absolute discretion to refuse to register any given prospective user and to withhold the reasons for doing so. We reserve the right to disable any account at any time if in our opinion you have failed to comply with any of the provisions in these Terms and Conditions or if any details you provide for the purposes of registering as a user prove to be false.

Login details and password

You will be asked to choose a password for your account upon registration. You must keep your password confidential at all times. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.

We may suspend your account or require you to change your password if we have reason to believe that there is likely to be a breach of security or misuse of your account.

You are responsible for all activities that occur in relation to your login details and must contact us immediately if you suspect any unauthorized use or other security breach.

Job opportunities, employment offers and our role

We operate the Job.com Platform for candidates (Jobseekers) to be matched with jobs and to apply and make contact with organizations offering those jobs (Employers) and for Employers to market their vacancies to potential employees.

Job.com will utilize best practices to ensure that jobs presented on the Platform are genuine opportunities, which are available and as described, however we are not responsible for the jobs Employers make available on the Platform. The Job.com Platform operates as an introduction and matching service only and cannot guarantee the jobs viewed or applied to by Jobseekers will be available, as described or suitable or that Jobseekers introduced to Employers will be available, as described or suitable for the advertised roles, It is up to both parties – Jobseekers and Employers – to establish suitability of employment between the organization and the Jobseeker and take any references and conduct any background checks before entering into any contract or other agreement of employment. In particular we accept no responsibility for the selection or non-selection of any Jobseekers.

You acknowledge that you are solely responsible for all use you make of the Platform.

As a Jobseeker

It is important that you establish that any jobs you wish to apply for are suitable, you can do this by communicating with the Employer after they respond to your application.

We may match you with a particular job posted on the Platform based on details provided by you in any or all of; your Resume, account information and location. You acknowledge and agree that such suggestions do not amount to an endorsement of that Employer's job offering.

We make no guarantee that we will be able to match you to a job or that any jobs posted on our Platform will meet your particular needs.

Job.com shall not be a party to any contract or other employment agreement between you and the Employer and shall not be responsible in any way for the performance of any contract or employment offer made by the Employer or for the quality, safety, timeliness or any other aspect of any such jobs offered by the Employer or accepted by you.

We do not control the job listings submitted to the Platform by Employers and we give no warranty as to the suitability of a job or job advertisements or as to their accuracy, completeness or reliability.

You acknowledge and agree that Job.com shall not be liable for the content of any job advertisements, Employer information or any other advice / information that the Platform may display from time to time.

Sign Up Bonus

At its discretion, Job.com will reward Jobseekers who are Successfully Employed via the Platform in the form of a Sign Up Bonus, which unless otherwise specified in the Job Advertisement will be equivalent to 5% of the first year salary agreed with the Employer, as notified to Job.com by the Employer and as recorded on the Platform.

To be Successfully Employed by an Employer via the Job.com Platform you will have applied for a vacancy advertised on the Job.com Platform, been interviewed, offered and accepted employment with the Employer you applied to via the Platform and given and Appointed a role with the Employer’s organization, with the dates and times of interviews and details of the Job Offer and Start Date all recorded on the Platform and will have remained employed with the Employer for a period of not less than 90 days.

If you do not remain employed by the Employer beyond 90 days your entitlement to the any Sign Up Bonus associated with the Appointment will lapse and you will not be entitled to any payment.

As an Employer

When you post a job vacancy on Job.com we will use our technology to match your vacancy to Jobseekers registered on the Platform. Unless otherwise agreed we may also market your vacancy to Jobseekers using various online and offline media owned and operated by MyJobMatcher Inc or its group companies or owned and operated by third-parties at the sole discretion of Job.com. Unless you have specifically told us otherwise, by providing us with your organization’s logo, trade mark or other identifying symbol or description, you allow us to replicate and distribute it along with the job description in any media suited to market your vacancy.

Jobseekers will be able to apply to roles that they are matched to. Whilst the technology is designed to identify suitable Jobsekeers that match the role, Job.com gives no warranty as to the suitability of a Jobseeker or as to the accuracy of the candidate information provided – the candidate information is provided by the Jobseeker, not by Job.com.

If you decide to Appoint a Jobseeker, introduced to you by the Platform, to a role within your organization you will enter into a Recruitment Contract with Job.com. The Recruitment Contract will relate only to any fees payable to Job.com by the Employer for the services provided. The Recruitment Contract is not a contract of employment and Job.com is not responsible or liable for any contract or other employment agreement that you may enter into as an Employer with a Jobseeker.

Job.com shall not be a party to any contract or other employment agreement between the Employer and the Jobseeker and shall not be responsible in any way for the performance of any Jobseeker, other than as the Employer Guarantee’ described below.

Job.com Fee and the Employer Guarantee

Job.com makes no guarantee that we will be able to match your vacancies or that any jobs posted on our Platform will be filled using our services. However, there are no upfront charges and no fees are charged for using the Job.com Platform unless we introduce a Jobseeker that you employ. At which point you will be charged 6% of the new employee’s agreed First Year Salary as a Recruitment Fee for successfully using the Platform to fill your vacancy. The Appointment First Year Salary and Start Date of the new employee will be recorded in the Platform. The Start Date will be the first day that an employee works for you or starts to earn an income from your organization, whichever comes first.

We provide an Employer Guarantee which will refund all of the Recruitment Fee other than a Service Charge equivalent to 1% of the employee’s First Year Salary, if the new employee leaves your organization during their first 90 days of employment. To obtain the refund you will need to record the Termination of Employment on the Platform within three months of the Start Date.

All Fees exclude sales tax or withholding tax of any kind. Relevant sales tax may additionally be charged depending on the legislation prevailing at the time of raising the invoice and may change subject to changes in legislation. Recruitment Fees are payable on the Start Date of each employee hired using the Platform. An invoice will be generated on the Start Date and payment is due within 30 days of the Start Date. Interest will be payable on late payments at the rate of 2% or the maximum permitted by law from the due date until settlement or discharge of the debt. Please note that a Recruitment Fee will also be charged if you employee a Jobseeker who applies for a role via the Platform in a role other than the role originally applied for via the Platform within six months of the initial application being submitted via the Platform.

We reserve the right to charge reasonable administration costs in dealing with any failed payments and/or any costs incurred by us in relation to pursuing debt collection (including but not limited to debt collection agency fees and other legal expenses).

Access to the Platform

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, cell phone or other mobile device) meets all the necessary technical specifications to enable you to access and use the Job.com Platform and is compatible with the Platform.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Platform or any of its features or access to any of the data associated with your account, job applications, job vacancies or stored job descriptions.

There may be times when certain features, parts or content of the Platform, or the entire Platform, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you, any Employer or to any other third party for any unavailability, modification, suspension or withdrawal of the Platform, or any features, parts or content of the Platform.

What you are allowed to do

You may only use the Platform in accordance with these Terms and Conditions. You may retrieve and display content from the Platform on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Platform and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these Terms and Conditions, you are not allowed to:

store pages of the Platform on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Platform; use the Platform in any way that is illegal or fraudulent, or has any illegal or fraudulent purpose or effect;

remove or change any content of the Platform or attempt to circumvent security or interfere with the proper working of the Platform or the servers on which it is hosted; use the Platform to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (SPAM); use the Platform to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform; or reproduce, duplicate, copy or re-sell any part of the Platform in contravention of these Terms and Conditions.

You must only use the Platform and anything available from the Platform for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our customers, clients or affiliates. All rights granted to you under these Terms and Conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Platform (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or legally licensed to us, the Employers using our service or our licensors. Except as expressly set out here, nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Platform. In the event you print, copy or store pages from the Platform (only as permitted by these Terms and Conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the Platform at any time. You agree that your use of the Platform is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that all information contained on the Platform (other than any third-party generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed.

Unless expressly stated, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Platform and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or relying on any of its content.

We cannot and do not guarantee that any content of the Platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Your personal information

Use of your personal information submitted to or via the website is governed by our Privacy Policy.

User content

The Platform includes a system for Employers to market job vacancies and Jobseekers to communicate and we may, from time to time, make comments pages, message boards, news groups and/or other public areas for other user-generated content and communications (collectively User Content Pages) available to users. We do not control the material submitted to User Content Pages (collectively Postings), nor can we guarantee that User Content Pages will be actively moderated. You are solely responsible for the content of your Postings as submitted by you and acknowledge that all Postings express the views of their respective authors, and not our views.

If you participate in any User Content Pages including posting job vacancies or applying for vacancies, you must: keep all Postings relevant to the purpose of the User Content Page and the nature of any topic;

not submit any Posting that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; not submit any Posting that contains any viruses and/or other code that has contaminating or destructive elements; not submit any Posting containing any form of advertising other than Employers posting job vacancies; and not impersonate, or misrepresent an affiliation with, any person or entity.

With regard to any publicly accessible Postings, specifically excluding any private communications between Job.com, Employers and Jobseekers, you agree that, by submitting any Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Posting.

We reserve the right, in our sole discretion, to delete, edit or modify any Posting submitted by you and/or to close any topic or conversation, at any time without notice to you.

Complaints about the content of any Posting must be sent to support@job.com and must contain details of the specific Posting giving rise to the complaint.

External links

The Platform will include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites, the privacy policies of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Service suspension and termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of the Platform or any service we offer on the Platform (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

We may suspend or terminate any service if we need to do so in order to comply with legal or regulatory requirements, provided that we will give you as much notice as we reasonably can.

We may, with or without prior notice, suspend or terminate your account, the Platform and any services we offer through the website if you have breached any of these Terms and Conditions.

You may close your account at any time by selecting 'Account Settings' and clicking 'Close account'. We will retain information you have submitted to us as required for our records in accordance with applicable law. We will remove information you have submitted to us if specifically requested by you in writing.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon;

(b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Platform are covered by a single notification, a representative list of such works);

(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Platform;

(d) the name, address, telephone number, and e-mail address (if available) of the complaining party;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Platform should be sent to Customer Services, Job.com, 700 Lavaca St, Suite 1400, PMB #10067, Austin, TX 78701,

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

General

Nothing in these Terms and Conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under the laws of the State of Texas, be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to $100.

These Terms and Conditions shall be governed the laws of the State of Texas, as if entered into and to be wholly performed in Texas and without regard to Texas conflicts of law principles. Any claim or suit arising out of or relating to these Terms and Conditions may be brought and maintained only in a court of competent subject matter with jurisdiction in Austin, Texas, with each party hereby voluntarily submitting to the personal jurisdiction thereof and you agree that any dispute between you and us regarding them or the website will only be dealt with by the Texas courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Contacting us

Please submit any questions you have about these Terms or any problems concerning the website by email to support@job.com or write to us at:

Customer Services, Job.com, 700 Lavaca Street, Suite 1400, PMB#10067, Austin, TX 78701

License to use Employer's name, trademarks and logos

The Employer agrees that we may use the Employer’s organization name, trademarks and logos (“IP-Rights”) for the purposes of providing the recruitment service and promotion of vacancies. Additionally any Employer using the Platform agrees that we may mention the Employer’s organization as a reference customer in our marketing materials (such as e.g. but not limited to websites and brochures), that we may use the Customer’s IP Rights in this context and may present examples of the services provided to and the materials published on behalf of Customer, unless specified otherwise in writing,

Limitation of liability

Our total liability to the Employer or any other customer in respect of any loss or damage under or in connection with the services provided by the Platform and Job.com, except for death or personal injury caused by our negligence, is limited and shall not exceed to the total amount paid to us as for such Services or the aggregate amount of Fees paid by the customer in the twelve months immediately preceding the incurring of such loss or damage.

Browser policy

We support the current and most recent previous versions of all popular browsers, and follows the HTML 5 (loose) and CSS 3 W3C standards. If your browser is not supported, you may still be able to access our site, but you may encounter some display problems.

For the Platform to operate as intended we also require the Customer to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in their browser.

Employer use of Candidate Database

Rights in the database

Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to Job.com. You acknowledge that you do not acquire any rights in the database or its content and that your viewing and use of the database and its content is governed by these terms and conditions.

Use of the database

We will take reasonable steps to provide a reliable service to you. However, we cannot guarantee the accuracy or authenticity of any of the Resumes or other data stored in our candidate database. You acknowledge and accept that this is beyond our control, and refunds for Fees or any other charges cannot be given in the event of untruthful information being submitted by Jobseekers. It is your responsibility as the Employer to interview Jobseekers and confirm any information they provide to you, including but not exclusive to any qualifications, certifications or other employment criteria.

Please note that the candidate database is private and you can only view the data of Jobseekers who specifically apply for a vacancy you advertise on the Platform.

You may:

Use the information about the individuals contained in the database for the purpose of contacting them in relation to a specific job vacancy.

Use the information only in connection with your own recruitment-related activities.

You may not:

Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.

Download or capture volume quantities of information from our database through any automated process (e.g. using automatic extraction software tools commonly known as robots and spiders) or any other process.

Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable Jobseekers for specific job vacancies. You must comply with all legislation and regulations in local jurisdictions relating to hiring employees and accessing data.

Access our candidate database from a system that is not fully patched or does not have industry standard Antivirus software installed that is regularly updated.

Dealing with Jobseekers

You agree to deal fairly and professionally with individuals you may contact using information from the candidate database or via the Platform and not do anything which may bring Job.com into disrepute. You will indemnify Job.com from and against any claim brought by an individual against Job.com arising from your breach of this obligation or any other of these Terms and Conditions.

Definitions

The following terms are used in the Terms and Conditions of Job.com, each is defined as below:

Platform - The Job.com Platform is the website and any mobile versions, including any apps and includes all code and processes proprietary or otherwise used by Job.com to provide its online services.
Jobseekers - Jobseekers are users of the Platform who are seeking employment and are utilizing the services of Job.com for that purpose or have successfully found employment via Job.com.
Employers - Employers are the organizations utilizing the services of Job.com to hire Jobseekers to fill employment vacancies via the Platform.
Appointment (Appoint and Appointed) - When a Jobseeker accepts a role within an organization this is defined as the Appointment, at this stage the Employer will have made the decision to Appoint the Jobseeker to the role and the Jobseeker will have been Appointed to the role.
Start Date - The Start Date is the first day that the Jobseeker starts employment with an organization.
Successfully Employed - A Jobseeker is deemed to have been Successfully Employed if they have applied for a vacancy advertised on the Job.com Platform, been interviewed, offered and accepted employment with an Employer they applied to via the Platform and been Appointed to a role with the Employer’s organization, with the dates and times of interviews and details of the Job Offer and Start Date all recorded on the Platform and have subsequently remained employed with the Employer for a period of not less than 90 days after their Start Date.
Sign Up Bonus - The Sign Up Bonus is an amount awarded to a Job Seeker at the discretion of Job.com when they are Appointed to a role with an organization they applied to a vacancy of using the Platform. The Sign Up Bonus will not be confirmed and available to the Jobseeker until they are Successfully Employed as defined above.
First Year Salary - The First Year Salary is defined as the pro-rated salary of a Jobseeker as recorded in the Platform when they are Appointed to a role with an Employer’s organization. The First Year Salary does not include anything other than base salary and specifically excludes the value of any benefits packages, bonuses or commissions agreed between the Employer and the Jobseeker monetary or otherwise.
Recruitment Fee - The Recruitment Fee is the fee charged to an Employer when they Appoint a Jobseeker who has applied to any vacancy they have advertised using the Platform to any role within their organization.
Recruitment Contract - Employers who Appoint an employee introduced via the Platform will enter into a contract with Job.com and will be charged a Recruitment Fee.
Service Charge - The Service Charge is a non-refundable part of the Recruitment Fee charged for administering and delivering the services provided by the Platform when an Appointment is made.
Termination of Employment - If a Jobseeker fails to remain employed with an Employer for more than 90 days after the Start Date, their employment will be deemed to have been terminated and the Employer will be entitled to a refund of the Recruitment Fee less the Service Charge if they record the Termination of Employment on the Platform. In such circumstances Job.com reserves the right to confirm the termination with the Jobseeker before processing any refund.
Privacy Policy - The Job.com Privacy Policy can be accessed by following this link.