Terms and Conditions – Employers
Please read these conditions carefully before using the jobstreetlanka.com website, as you signify your agreement to be bound by these conditions by the usage of this website:
1. The following definitions apply:
“JSL” means JobStreet Lanka (Pvt) Ltd., acting under www.jobstreetlanka.com.
“Client” means the company, firm or organisation which has set up an account with JSL in order to use the Services.
“Commencement Date” means the date for the commencement of the Services as set out in the Order Confirmation.
“Order Confirmation” means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of orders via the JSL sales team, the form signed by the Client confirming details and pricing of the Services ordered by the Client.
“Services” means the online recruitment services as set out in clause 2.
“Terms” means these terms and conditions.
“Website” means www.jobstreetlanka.com and includes without limitation its content, databases, software, code and graphics.
2. The following Services are available from JSL via the Website:
Featured Job Postings: A service where one or more specified job postings of the Client, appear on the “Featured Jobs” page/space of the Website.
Outsourcing: JSL will sort, filter and recommend applicants according to the requirements of the Client and the specified job posting.
CV Search: The Client will be given access to a search engine to search for candidate CVs which match the criteria and filtering set by the Client. Various bundles of CV downloads may be purchased, subject to a fair usage cap.
Branding Opportunities: various opportunities to promote Client brands are available, including Recruiter Profile, where JSL will post a profile of the Client’s company or organisation on the Website for an agreed time.
Email Services: various email services are available, including targeted emails, where JSL will send a one off email with details of the Client’s job(s) to an agreed number of the most recently registered candidates who match the criteria set by the Client.
Candidate Filtering: A service whereby JSL supplies the Client with a shortlist of candidates generated from a range of activities, including email promotion, applicant management and filtering.
3. JSL shall provide the Services in accordance with these Terms. Clients must set up an account with JSL in order to gain access to the Services. The Services do not constitute an offer by JSL, and JSL reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
4. A legally binding contract between JSL and the Client comprising these Terms and the Order Confirmation will come into effect when (i) in the case of online orders, the screen confirming successful purchase of Services appears on the Website or (ii) in the case of orders via the JSL sales team, JSL has received the Client’s completed Order Confirmation.
5. JSL shall perform the Services using information and criteria supplied by the Client. It is the Client’s responsibility to provide accurate and up to date information
6. The Client undertakes not to submit for inclusion in any job posting, its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect JSL or JSL’s reputation
7. Online payment services will be carried out by Paypal. Online payments via Paypal shall be subject to Paypal’s terms and conditions.
8. Once a contract has been formed, JSL cannot accept any cancellation of the agreed Services: No refunds will be given and outstanding invoices shall remain payable. Without prejudice to the foregoing:
(i) For the avoidance of doubt, Featured Job Postings, Outsourcing, CV Search, Branding Opportunities, Email Services, and Candidate Filtering does not roll over beyond the contract end date. Any Job Postings that are live on the Website will remain live until their expiry date, but no new Job Postings can be made using the credits from the relevant contract.
(ii) For Services purchased online, refunds may occasionally be given at JSL’s role and absolute discretion.
9. JSL may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
10. JSL reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
11.Without prejudice to any other remedy, JSL may terminate the Client’s account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if JSL has reasonable grounds to believe that the Client cannot or will not pay its debts.
12. JSL reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:
a. the Client has not provided full or accurate contact or company information;
b. JSL considers the Client is acting inappropriately or illegally;
c.the Client is using the Website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site;
d. the Client fails JSL credit checking process, or defaults on payment;
e. the Client resells job postings without the express permission of JSL;
f. the Client has been given permission to resell job postings but does not accurately represent the products and services that are offered by JSL; and/or
g. the Client has shared its CV Search access with a third party.
13. The Client agrees to use the Website and the Services in ‘good faith’ i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client’s access to the Services being removed, and its account terminated.
14. All intellectual property rights connected with the Services and/or the Website shall remain vested in JSL or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
15. JSL cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results. For the avoidance of doubt, no Service is guaranteed to result in a placement.
16. JSL shall not be in breach of these Terms if events beyond its reasonable control prevent JSL from performing the Services.
17. It is the Client’s responsibility to protect their computers against any viruses and malware.
18. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between JSL and the Client. The Client acknowledges that it has not relied on any representation made by JSL in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
19. In the event that the Client makes a claim against JSL for whatever reason, JSL’s liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall JSL be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude JSL’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
20. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
21. Notices to JSL shall be sent by email to email@example.com and notices to the Client shall be sent by email to the address supplied on set up of the Client’s account.
22.From time to time JSL will contact Clients in order to evaluate the service they receive and also to promote JSL’s services and products. JSL monitors the quality of vacancies from time to time in order to provide a better service to candidates.
23. The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of JSL. Breach of this clause shall be a material breach and will entitle JSL, without prejudice to any other remedies it may have, to terminate the Client’s account and Services immediately.
24. The Client will not be entitled to bring any claim or legal proceedings in respect of any refund or other repayment, howsoever arising, 4 years after the date on which entitlement to such refund or repayment arose. For the avoidance of doubt, the Website terms and conditions apply in addition to the above Terms.
25. The Terms shall be governed by Sri Lankan Law and the parties submit to the exclusive jurisdiction of the courts of Sri Lanka.
26. By submitting a vacancy to the Website, the Client is authorising JSL to post such vacancy and submit candidates ranked by JSL in accordance with the Client’s criteria (if any).
27. The Client is responsible for the content of the vacancy and will indemnify JSL against any claim, loss, liability, expense and/or damage (“Losses”) in connection therewith.
28. The Client shall include in the job description the following information:
1. Any qualifications and/or authorisations required by law or any or by any relevant professional body:
2.If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
3.Where the Client is an employment agency or employment business, it must state in which capacity it is acting in relation to the vacancy.
29. The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client’s identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.
30. Applicants’ responses will be forwarded by JSL by e-mail subject to any filtering and ranking for outsourcing services and candidate filtering. The Client is responsible for verifying the information contained in applicants’ responses and JSL accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant’s identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.
31. All and any subsequent dealings between the Client and any applicant in connection with the applicant’s response to the job posting are the responsibility of the Client, and JSL accepts no liability whatsoever therewith. The Client will indemnify JSL against any Losses in connection therewith.
32. The Client will comply with all applicable laws. The Client shall indemnify JSL against any Losses in connection therewith.
33. The Client shall not post any vacancy where:
1.there is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the Client undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or
2.the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the candidate to be placed, (i) to obtain copies of any relevant qualifications or authorisations of the candidate; (ii) to obtain two references from persons who are not relatives of the candidate; and (iii) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.
By posting any vacancy set out in sub-clauses 33 (1) and (2) above, the Client is deemed to give the relevant undertakings. Where the Client is an employment business or agency, the Client shall offer copies of the documents obtained under sub-clauses 33 (2) (i) and (ii) to the hirer.
34. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold JSL harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.
35. JSL reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:
1.those that JSL considers illegal, inappropriate or fraudulent
2. those that directly or indirectly require or ask for application or registration fees
3. those that advertise franchise, pyramid, network marketing or get-rich-quick schemes
4. those that have been indiscriminately posted or duplicated across multiple sectors
5. those that advertise websites, services, businesses, business opportunities and/or contact details
6. those of Clients who solicit staff from any member of JSL.
36. The Client shall not resell job postings without the express permission of JSL.
37. CV search access can only be used for recruitment purposes. Using CV Search for the purposes of marketing or direct selling to candidates is prohibited, and will result in the suspension of the account.
38. The Client shall not use any automated computer program to search for and/or download information on candidates. Breach of this clause 40 will result in suspension of the Client’s account.
39. The Client shall not share its access to CV Search with any third party.
JobStreet Lanka (Pvt.) Ltd
Level 15, West Tower
World Trade Center, Echelon Square
Colombo 01, Sri Lanka
Registered in Sri Lanka.