General Terms of Service and Privacy Policy

By accessing or using https://www.recruitify.co.za, www.recruitify.co.za, or any of its related blogs, websites, or platforms (collectively, “Website”), owned by Recruitify (Pty) Ltd (“Recruitify”), you agree that you have read, understood, and agree to be bound by the terms and conditions contained herein (“Privacy Policy”), as well as Recruitify’s general Terms of Service. All rights in and to the content of the Website remain at all times expressly reserved by Recruitify.

Please read these terms carefully before accessing or using the Website. Recruitify will assume you have read and understood these terms should you continue to access or make use of the Website.

Please pay specific attention to the BOLD paragraphs of the Recruitify Privacy Policy. These paragraphs limit the risk or liability of Recruitify, constitute an assumption of risk or liability by you, impose an obligation by you to indemnify Recruitify, or are an acknowledgement of any fact by you.

The terms “user”, “you”, and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever. Accordingly, the terms “us”, “our”, or “we” refer to Recruitify or its possession.

Not all terms are necessarily defined in order.

Terms used herein are as per the Recruitify Terms of Service, unless otherwise defined.

1. IMPORTANT INFORMATION

Purpose of this Privacy Policy

This Privacy Policy aims to provide you with information on how we collect and process your personal information through any form of your engagement with us.

It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are fully aware of how and why we are using your personal information. This Privacy Policy supplements the other notices and is not intended to override them.

Due to the nature of our services, we process special categories of personal information of our users. We only process special categories of personal information as an operator and do not do so for our own processing reasons. All special categories of personal information are provided by users to enable them to use our Website and services.

Responsible Party and Operator

Recruitify is the “Responsible Party” and is responsible for your personal information when we decide its processing operations. In most instances, we operate as an “Operator” of personal information on behalf of our users who use our services.

We have appointed an information officer at Recruitify who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our information officer using the details set out below.

Our Contact Details

Full name: Recruitify (Pty) Ltd
Information Officer: Tjaart Roets
Email address: info@recruitify.co.za
Postal address: 40, Fourteenth Avenue, Northmead, Benoni, 1501
Email address: info@recruitify.co.za

Changes to this Privacy Policy

This Privacy Policy was last updated on 1 November 2025 and previous versions are archived and can be provided on request.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

This Privacy Policy is subject to change without notice and is updated or amended from time to time and will be effective once we upload the amended version to the Website. Your continued access or use of our Services constitutes your acceptance of this Privacy Policy, as amended. It is your responsibility to read this document periodically to ensure you are aware of any changes.

Third-Party Links on Website

The Website may include links to third-party platforms, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these third-party platforms and are not responsible for their privacy statements or terms. When you leave our Website or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with.

2. WHAT WE COLLECT ABOUT YOU

Personal information, or personally identifiable information, means any information about an individual, both natural and juristic entities (i.e., people and companies), from which that entity can be identified. It does not include information where the identity has been removed (anonymous data).

We may collect, use, store, and transfer (“process”) different kinds of personal information about you, which we have grouped together below:

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal information but is not considered personal information in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.

Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform in terms of the contract we have or are trying to enter into with you (for example, to provide you with services or allow you to provide us with your services). In this case, we may have to cancel your access to the Website or Services, but we will notify you if this is the case at the time.

You warrant that the personal information disclosed to Recruitify or the Website is directly from you as the user on the Website or in connection to the Services, and all such personal information is lawfully yours to provide in your own private or representative capacity.

You may choose to provide additional personal information to Recruitify, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

3. HOW IS YOUR PERSONAL INFORMATION COLLECTED

We use different methods to collect personal information from and about you, including through:

4. HOW WE USE YOUR PERSONAL INFORMATION

We will only use your personal information when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your personal information in the following circumstances:

Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your personal information.

5. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL INFORMATION

Any processing of your personal information will be reservedly for Recruitify’s legitimate business purposes and as a necessary function of your engagement with the Website and/or the Services.

We will therefore process your personal information for the following purposes:

Marketing

We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you as an existing user, please use the in-built prompts provided on those communications, or contact us.

You will receive marketing communications from us if you have requested our Services, requested information from us, or provided us with your details in any other circumstance and, in each case, have not opted-out of receiving that marketing.

You can ask us to stop sending you marketing messages at any time by using the built-in prompts or contacting us and requesting us to cease or change your marketing preferences. Where you opt-out of receiving these marketing messages, this opt-out will not apply to other personal information of yours which we process for another lawful basis or necessary communications we send when you use our Services.

Third-Party Marketing

Whilst we may use your personal information within our company, we will get your express opt-in consent before we share your personal information publicly with any entity outside of Recruitify for marketing.

Change of Purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6. DISCLOSURES OF YOUR PERSONAL INFORMATION

We will not disclose your personal information to any third party other than as set out below:

Recruitify is entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court, or legal process served on Recruitify, or to protect and defend Recruitify’s rights or property. In the event of a fraudulent payment or misuse of the provided banking details, Recruitify is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

Recruitify will ensure that all of its employees, third-party service providers, divisions, and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Recruitify’s in relation to your personal information.

7. DATA SECURITY AND CONFIDENTIALITY

Recruitify will:

We undertake never to sell or make your personal information available to any third party other than as provided for in this Privacy Policy.

Whilst we do all things reasonably necessary to protect your right of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

If you disclose your personal information to an Employer or third party, such as an entity which operates a website linked to this Website or anyone other than Recruitify, we shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the Employer or third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

You acknowledge that any content provided on the Website, including via the messaging system, enters an open, public forum, and is not confidential.

You understand that there are risks involved in sharing personal information. By disclosing personal information such as your name and email address, you acknowledge and understand that this information may be collected and used by a third party to communicate with you.

We have put in place procedures to deal with any suspected personal information breach and will notify you and the Information Regulator of a breach where we are legally required to do so.

8. DATA RETENTION

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purpose for which we process your personal information, any other applicable law requiring us to retain the personal information, and whether we can achieve those purposes through other means, and the applicable legal requirements.

We may also anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. COOKIES

This Website may make use of “cookies” to automatically collect information and data through the standard operation of the internet servers. “Cookies” are small text files a website can use (and which Recruitify may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a website, and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third-party tools. The type of information collected by “cookies” is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the “cookie” feature.

Please note that “cookies” may be necessary to provide you with certain features available on the Website, and thus if you disable the “cookies” on your browser, you may not be able to use those features, and your access to the Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those “cookies”, subject to the provisions of these Terms and the Website’s other policies.

10. INTERNATIONAL TRANSFERS

We may share and process your personal information outside of South Africa for the purpose of cloud storage or to engage with third parties.

Whenever we may transfer your personal information out of South Africa, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

You are welcome to contact us if you want further information regarding the transfer of personal information out of South Africa.

11. YOUR RIGHTS

You have rights in relation to your personal information and how we are able to process it as a Responsible Party. Please contact us to find out more about, or manifest, these rights:

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Please be advised that this Privacy Policy and our operations are all interpreted, applied, and/or are in accordance with the privacy and data protection laws of the Republic of South Africa, as we are a South African company. Should you be a citizen of a territory other than the Republic of South Africa with the result that additional privacy laws apply to the processing of your personal information, please contact us so that we may gladly assist you in manifesting those rights, and ensuring that you are fully protected as required.

Recruitify Terms of Service

By accessing or using https://www.recruitify.co.za or any of its related blogs, websites, or platforms (collectively, “the Website”), owned by Recruitify Technologies (Pty) Ltd (reg. number: 2020/123456/07) (“Recruitify”), you agree that you have read, understood, and agree to be bound by the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Recruitify.

These Terms explain the conditions applicable to how you will use the Website. Please read these Terms carefully before using the Website. We will assume you have read and understood these Terms if you continue to access or make use of our Website.

Please pay specific attention to the bold paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us, or are an acknowledgement of any fact by you. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason in our discretion.

The terms “user”, “you”, and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever. Accordingly, the terms “us”, “our”, or “we” refer to Recruitify or its possession.

These Terms must be read in conjunction with any supplemental terms or policies that we implement from time to time. Any supplemental terms or policies will be disclosed to you beforehand and, where applicable, are in addition to, and deemed to be incorporated within, these Terms.

1. INTRODUCTION TO THE WEBSITE AND SERVICES

Recruitify provides an online platform providing a range of tools, allowing users to register as a potential employee (“Candidate/s”), a promoter (“Promoter/s”), a recruiter (“Recruiter/s”), or as an employer (“Employer/s”) (collectively the “parties”), build their unique Website profiles via various data forms, file uploads, video, and/or a personality quiz made available via the Website, and then use the Website to facilitate an employment or referral relationship between the parties (collectively, the “Services”).

These Terms explain the conditions applicable to users, Candidates, Promoters, Recruiters, and Employers using the Website and/or the Services.

The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Recruitify uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.

2. RELATIONSHIP BETWEEN THE PARTIES

Recruitify provides software services and is not an employer, labour broker, nor employment adviser. All tools provided on the Website or as part of the Services are for information purposes, where any formal engagement between users facilitated by Recruitify or via the Website is between them privately, and for which Recruitify holds no responsibility.

The Website acts solely as an online directory, online tool provider, and information service intended to facilitate the matching of users for them to privately form an employment relationship unless facilitated and overseen by Recruitify. As such, Recruitify does not have an employment, agent, or broker relationship with any Employer, Candidate, Promoter, Recruiter, or user. Your use of the Website or the Services is entirely at your own risk.

If a Candidate is engaged by an Employer in a formal employment relationship subsequent to their use of the Website, these parties do so entirely at their own risk and via private arrangement, where Recruitify is in no way connected at all. Although Recruitify carefully curates profiles on the Website prior to presenting them, Recruitify is not responsible for the quality or standard of any information provided and displayed on any profile or derived from any tool used on the Website.

3. USER REGISTRATION PROCESS

To join the Website as either a Candidate, Promoter, Recruiter, or Employer, we require you to create an account with us. We ask you to provide us with all the requested information in the onboarding process, including your full name, email address, and phone number. Candidates may then set up additional features within their account, including adding a curriculum vitae, which setup may require further information to be submitted, as prompted by the Website.

When signing up to our Website, you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your profile and information. Please update your information yourself through your profile using the “Settings”, and other function(s) on your dashboard on the Website.

You may use only your registered account to participate in our Services. Unless we agree, you may not attempt to establish multiple accounts using multiple email accounts, computers, names, and/or identity information, or any program that masks your identity or generates a fake identity. We reserve the right to withhold, deny, or cancel any Services and/or terminate your account if we, in our sole discretion, deem your account as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with our Terms or any other applicable law or regulation.

By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a juristic entity. You are responsible for your profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone, even within the same Employer or Recruiter company.

Please let us know if you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorised disclosure or use of your email, or password) to avoid possible liability for any unauthorised transactions.

By submitting your personal information to the Website, you consent to Recruitify and/or an Employer or Recruiter using this information to facilitate a connection between you and another user and to perform the necessary reference and background checks where required.

Please see Recruitify’s Privacy Policy regarding more details on how Recruitify uses your personal information and secures your data.

4. FEES & PAYMENT FOR SERVICES

Please refer to the pricing page of the Website and any downloadable attachments therein for a summary (and USD equivalent) of the fees applicable to your use of the Website and Services. Fees and Payment for Services as they pertain to Employers and Recruiters are included herein as Addendum A.

5. USER RESPONSIBILITIES AND WARRANTIES

By using the Website and/or the Services, you warrant that:

The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.

Without prejudice to any of Recruitify’s other rights (whether at law or otherwise), Recruitify reserves the right to deny you access to the Website or the Services where we believe (in our reasonable discretion) that you are in breach of any of these Terms.

Recruitify does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device, nor guarantee any specific level of continuous uptime.

6. RECEIPT AND TRANSMISSION OF DATA MESSAGES

Data messages, including email messages, sent by you to Recruitify will be considered as received only when acknowledged or responded to.

Data messages sent by Recruitify to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

Recruitify reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory, or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. Recruitify is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from Recruitify to a user or from a user to Recruitify.

System-generated messages are not deemed marketing emails and cannot be unsubscribed from. Instead, you may elect to toggle these alerts on/off via your user dashboard. Broadcast messages sent as newsletter emails can be unsubscribed from, either directly via the email or via your alerts settings.

7. HYPERLINKS, DEEP LINKS, FRAMING

The Website may include links to other internet sites (“other sites”). Recruitify does not own or endorse these other sites and is not responsible for the information, material, products, or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on, or support of the content or products of such target sites.

Recruitify does not purport to own the content on any other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please contact us to request the removal of such content.

Your access and use of these other sites remain solely at your own risk and on the terms set by the operator of any other site.

Making use of other sites to initiate a Candidate application to any job first observed on the Recruitify platform is strictly forbidden.

8. ADVERTISING AND SPONSORSHIP

The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with all applicable laws and regulations.

Recruitify, its shareholders, directors, employees, suppliers, partners, affiliates, and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

9. INTELLECTUAL PROPERTY PROTECTION

All material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, copyright, and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Recruitify in use of the Services, (the “Intellectual Property”) are owned (or co-owned or licensed, as the case may be) by Recruitify, its shareholders, directors, associates, and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

Subject to the rights afforded to you in these Terms, all other rights to all Intellectual Property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any Intellectual Property, editorial content, graphics, or other material on the Website or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, we and/or the rightful Intellectual Property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.

Recruitify reserves the right to make improvements or changes to the Intellectual Property, information, artwork, graphics, and other materials on the Website, including that of a user in their profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in a Success Fee, or any other fees, will not be affected by such suspension or termination (as the case may be).

Where any of the Website Intellectual Property has been licensed to Recruitify or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.

Subject to adherence to the Terms, Recruitify grants to you a personal, non-exclusive, non-assignable, and non-transferable license to use and display all content and information contained on the Website on any machine which you are the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any Intellectual Property without our prior written permission.

10. DISCLAIMERS AND WARRANTIES

The Website, including any Intellectual Property appearing therein, is provided “as is” and “as available”. Recruitify makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Website or the information contained in it.

All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not Recruitify. While Recruitify makes every reasonable effort to present such information accurately and reliably on the Website, Recruitify does not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Website.

Recruitify’s personality quiz is not a formal psychometric assessment and is there to provide users with insights into their workplace personality. Recruitify, nor its clients, are able to rely on the quiz results to make hiring decisions.

Recruitify, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom.

Recruitify, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits, or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website in any manner.

Users, Candidates, Promoters, Recruiters, and Employers from locations outside of South Africa, please note that Recruitify complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, please contact us to engage you on its application.

Recruitify takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring, and/or access from the Website. However, Recruitify does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses, or other harmful components. Your access to and use of the Website remains solely at your own risk and you should take your own precautions accordingly.

11. INDEMNITIES

You indemnify and hold harmless Recruitify, its shareholders, directors, employees, and partners from any demand, action, or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of the Website or Services offered or transactions concluded through the Website in any way.

You agree to indemnify, defend, and hold Recruitify harmless from any direct or indirect liability, loss, claim, and expense (including reasonable legal fees) related to your breach of these Terms.

This clause will survive termination of these Terms.

12. COMPANY INFORMATION

Site owner: Recruitify (Pty) Ltd
Legal status: Private Company
Registration number: TBC
Description of business: Talent search, Job Posting and Recruitment Software. 
Website address: https://www.recruitify.co.za
Email address: info@recruitify.co.za
Registered address: 40, Fourteenth Avenue, Northmead, Benoni, 1501
Postal address: As above.

13. DISPUTE RESOLUTION AND GOVERNING LAW

Should any dispute, disagreement, or claim arise between the parties concerning use of the Website or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion on their behalf.

If the dispute is still not resolved after such mediation, the parties may consent to commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Recruitify.

Notwithstanding the above, both parties’ consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.

14. TERMINATION OF USE OF WEBSITE OR SERVICES

In addition to the rights above, Recruitify reserves the right to terminate and cancel your account if you breach any of the Terms, or for any reason in its sole discretion provided that Recruitify gives reasonable notice to you.

If you wish to terminate your agreement with Recruitify, or end your use of the Services, you may do so by deregistering your profile with the Website and discontinuing your use of the Website.

The obligations and liabilities incurred prior to termination date shall survive for all purposes, including the payment of any Success Fee, Commencement Fee, or Job Fee due and payable by an Employer to Recruitify.

In the event of cancellation of your agreement with these Terms and with Recruitify, we will remove you from the Website and delete your profile in accordance with our data retention requirements.

15. NOTICES AND SERVICE ADDRESS

Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process, and for any other purposes arising from these Terms as being:

Each of the parties will be entitled from time to time, by written notice to the other, to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

16. GENERAL

Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions, or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods, or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned.

Change Without Notice: The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

No Indulgence: No indulgence, leniency, or extension of time granted by Recruitify shall constitute a waiver of any of Recruitify’s rights under these Terms and, accordingly, Recruitify shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.

Failure to Pay: In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Recruitify in relation to the payment failure or breach.

Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

Governing Law: Your access and/or use of the Website and/or the Services, any downloaded material from it, and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Severability: Each sentence, paragraph, term, clause, and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause, or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause, or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of severability above.

ADDENDUM A

FEES

Unlock & Extension Fees

Job posting is free.

Employers must pay a fee to Recruitify if the use of the Services results in a job unlock via either Recruitify Direct or Recruitify Recruit (“Unlock Fee”). The Unlock Fee is immediately payable to Recruitify at the commencement of a job (Recruitify Recruit) or on the successful unlocking of a job (Recruitify Direct), a material change in the scope of a job, or a reposting of a job previously closed or put on hold more than 3 (three) months prior.

Employers must pay an extension fee to Recruitify if the Services result in an existing job posted via either Recruitify Direct or Recruitify Recruit being extended beyond an initial 30-day period (“Extension Fee”) and monthly thereafter. Jobs will automatically be locked if not extended unless extended at Recruitify’s discretion.

CV and Candidate video unlock fees also apply where relevant.

On Recruitify Talent, all jobs, CVs, and videos are automatically unlocked as part of your monthly subscription.

Each Unlock Fee entitles the Employer to one Successful Hire(s) with a further Job Fee to be invoiced for any additional hires resulting from that job posting (i.e., if two or more Candidates are hired via one job posting).

User Fees

Each Employer or Recruiter account includes 1 (one) free super admin user license. Additional active user licenses can be added to your account as either an admin or team member for a period of 30 (thirty) days. Promoters and third-party recruiters can be added to your account for free.

On Recruitify Talent, the number of user licenses, talent pools, and saved searches allocated to your account is a function of the applicable subscription package. Additional active user licenses, talent pools, and saved searches can be added to your monthly subscription.

Success Fees

A success fee applies if the Services result in a hire via Recruitify Recruit via confirmation by either the Candidate or the Employer or Recruiter that a successful hire or contract has been achieved via the signing of an offer letter or employment agreement between those parties (a “Successful Hire”).

Employers must pay a success fee to Recruitify equivalent to the applicable fee percentage, agreed per the mandate at the outset of the job, applied to the agreed annualised cost to company (“Annualised CTC”), subject to the applicable minimum fee (“Success Fee”).

For contract hires of 3 (three) months or more, Annualised CTC means the cost to company were that contract to run for a 12 (twelve)-month period (i.e., the monthly contract amount is annualised).

The onus rests on the Employer to disclose to Recruitify the agreed Annualised CTC of the Candidate at the point of a Successful Hire, failing which, Recruitify will calculate the relevant amount using the initial salary indicated by the Employer when posting the job (where a salary bracket was provided, the higher amount shall apply).

Any Employer not achieving an initial Successful Hire but then employing a presented Candidate, or achieving a Successful Hire and then subsequently employing any other presented Candidate as an additional Successful Hire, within a period of 12 (twelve) months after presentation of those Candidates to the Employer by Recruitify, shall be liable for the full Success Fee.

A Candidate shall be deemed to have been presented to an Employer or Recruiter upon the earlier of:

Any Candidate (whether initially a user on the Website or not) meeting the above criteria that is subsequently hired by an Employer or Recruiter within a period of 12 (twelve) months shall be deemed a Successful Hire subject to a Success Fee, irrespective of any third party claiming rights to that Candidate.

Replacement Guarantee

If elected as a pricing option, Recruitify undertakes to source a replacement Candidate at zero additional cost to the Employer for any Candidate which was the subject of a Successful Hire via Recruitify Recruit, on the following terms:

Should the replacement Candidate be employed at a higher salary compared to the original candidate, the Success Fee will be adjusted accordingly with the difference becoming payable to Recruitify immediately on acceptance of offer with no adjustment applicable for a lower salary.

Should a replacement Candidate not be agreed upon within 3 (three) months, and provided the Employer has adequately engaged in the replacement process (see below), and only then, Recruitify agrees to refund 50% of the original Success Fee, including any guarantee fee, to the Employer within 30 (thirty) days.

The Employer agrees to actively participate in the replacement process in good faith. This includes, but is not limited to:

Failure to engage meaningfully or timeously, or otherwise unreasonably delaying or obstructing the replacement process, may result in the forfeiture of the Success Fee refund and the expiration of the replacement guarantee.

The 3-month replacement period commences from the date of termination or departure of the original hire, and will not be extended due to client inactivity or unresponsiveness.

Should the replacement Candidate subsequently resign or have their contract terminated, no further replacement efforts will be undertaken nor shall the Employer have any claim against Recruitify for a refund of any fee.

Recruitify Bounty

Any Recruitify Bounty amount committed to as part of a Recruitify Direct job posting, together with a 20% administration fee, may be claimed from the Employer or Recruiter by Recruitify as collection agent in order to on-pay such amount to the relevant user, unless offered on the job directly by Recruitify, in which case, Recruitify will pay such amount.

Recruitify Bounty amounts applicable to Recruitify Recruit jobs will be determined and paid by Recruitify.

Candidate Penalties

Should a Candidate renege on a signed offer of employment or employment contract deemed a Successful Hire, and not commence work with that Employer on the indicated date, then that Candidate shall be liable for 25% (twenty-five percent) of the applicable Success Fee.

Should a Candidate approach an Employer directly after being made aware by Recruitify (explicitly or implied) of a vacancy with that Employer and subsequently be employed by that Employer, that Candidate shall be liable for 25% (twenty-five percent) of the indicative Success Fee, irrespective of an actual Success Fee being charged to that Employer.

PAYMENT FOR SERVICES

In return for providing the Services, applicable users must pay any fees to Recruitify as directed.

To make use of certain Services, users may preload digital coins on the Website (“Coins”), either purchased or via voucher codes, from which any applicable fees shall be deducted. Alternatively, Coins may be purchased or claimed and used on a per-transaction basis. You may purchase Coins either by way of direct electronic funds transfer or by way of credit card payment on the Website using the services of an authorised payment gateway. Preloaded Coins are non-refundable and in no way does Recruitify undertake to facilitate repayment of any purchased or claimed Coins that are subsequently not utilised.

All amounts stated will be inclusive of Value Added Tax (“VAT”) but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law.

Invoices pertaining to a Success Fee will be issued upon successful conclusion of an employment offer or contract between Employer and Candidate and are payable on or before the Candidate start date; all other fees are due and payable upon presentation of invoice.

If a Candidate reneges on their offer letter and/or employment contract before the indicated start date and therefore does not commence employment with the Employer, the corresponding Success Fee invoice will be credited.

Recruitify will provide the Employer or Candidate with a tax invoice, together with a monthly statement, which amounts are due and payable by the Employer or Candidate in line with the due date stated thereon. Should an invoice remain unpaid for more than 30 (thirty) days or post the commencement date of the Successful Hire, interest may be charged at Recruitify’s discretion on any outstanding amounts at a rate equal to the South African published prime overdraft rate plus 2 (two) percent, compounded monthly, in arrears. The Employer or Recruiter undertakes to pay any such interest along with the applicable fee, where necessary.

You may contact Recruitify via email at info@recruitify.co.za to obtain a full record of your statement with Recruitify. Recruitify will also send you email communications about your invoice and payment.