Employer/Recruiter Terms and Conditions

Please read these conditions carefully before using the jobseek.nz website. By using the jobseek.nz website, you signify your agreement to be bound by these conditions:

Jobs and CV Search

General

  1. The following definitions apply:

    "Client" means the company, firm or organisation which has set up an account with JobSeek NZ 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 JobSeek NZ sales team, the form signed by the Client confirming details and Pricing Model(s) of the Services ordered by the Client.

    "Pricing Model(s)" means the pricing models offered by JobSeek NZ as set out in clause 3.

    "JobSeek NZ" means JobSeek NZ Limited, acting through its division jobseek.nz.

    "JobSeek Group" means all companies in the same group as JobSeek NZ. Two companies are in the same group if they share the same ultimate holding company.

    "Services" means the online recruitment services as set out in clause 2.

    "Terms" means these terms and conditions.

    "Website" means jobseek.nz and includes without limitation its content, databases, software, code and graphics.

  2. The following Services are available from JobSeek NZ via the Website:

    Freecruitment: The Client may post up to 20 standard jobs per annum on the Website free of charge if they are an employment agency. Vacancies, applicants and responses can be managed via the Client's online account.

    Premium Job Postings: A service whereby the Client's job postings will be given greater prominence in job listings.

    Premium+ Job Postings: A service whereby the Client's job postings will be given greater prominence in job listings, and posting to social media sites and other recruitment sites.

    Featured Job Postings: A service whereby Clients may specify that one or more job postings appear in "Featured Jobs" pages/spaces on the Website, with up to 250 candidates who best match the criteria set by the Client in the job posting emailed with details of the vacancy.

    Priority Job Postings: A service whereby the Client's job postings are refreshed daily for the first 7 days after the job posting's first appearance on the Website, with up to 250 candidates who best match the criteria set by the Client in the job posting emailed with details of the vacancy.

    TempJob+ Job Postings: A service whereby the Client's job postings will be given greater prominence in job listings. In addition JobSeek NZ will email details of relevant vacancies to the 20 candidates who best match the criteria set by the Client.

    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 JobSeek NZ will post a profile of the Client's company or organisation on the Website for an agJobSeek NZ time.

    Email & SMS Services: various email & SMS services are available, including targeted emails or text messages, where JobSeek NZ will send a one off email or text with details of the Client's job(s) to an agJobSeek NZ number of the most recently registered candidates who match the criteria set by the Client.

  3. The following Pricing Models are available in relation to the Services offered:

    Ads by Volume: (i) the Client will buy the agJobSeek NZ number of job postings as set out in the Order Confirmation; (ii) the agJobSeek NZ pricing and payment method will be set out in the Order Confirmation, (iii) all job postings must be posted within 1 month of date of purchase (unless otherwise set out in the Order Confirmation).

    CVs by Volume: (i) the Client will buy the agJobSeek NZ number of CV downloads as set out in the Order Confirmation; (ii) the Client will pay upfront for the CV downloads; (iii) the Client is entitled to download CVs at any time within the contract period set out in the Order Confirmation subject to JobSeek NZ's fair usage policy set out under clause 43.

    Ads On Demand: (i) no minimum commitment is required from the Client, (ii) an unlimited number of jobs may be posted with a maximum of 500 live jobs at any one time (unless otherwise set out in the Order Confirmation), (iii) the Client will be charged for every job posted in accordance with the pricing matrix set out in the Order Confirmation.

    CVs On Demand: (i) no minimum commitment is required from the Client, (ii) the Client is entitled to download an unlimited number of CVs subject to JobSeek NZ's fair usage policy set out under clause 43, (iii) the Client will be charged for the number of CV downloads in accordance with the pricing matrix set out in the Order Confirmation.

    Subscription Services - Job Postings: the Client may post an unlimited number of jobs at the price and in the contract period set out in the Order Confirmation subject to a maximum of 500 live jobs (unless otherwise set out in the Order Confirmation) at any one time.

    Subscription Services - CV Search: the Client is entitled to download an unlimited number of CVs subject to JobSeek NZ's fair usage policy set out under clause 43 at the price and in the contract period set out in the Order Confirmation.

  4. JobSeek NZ shall provide the Services in accordance with these Terms. Clients must set up an account with JobSeek NZ in order to gain access to the Services. The Services do not constitute an offer by JobSeek NZ, and JobSeek NZ reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.

  5. A legally binding contract between JobSeek NZ 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 JobSeek NZ sales team, JobSeek NZ has received the Client's completed Order Confirmation. The Client acknowledges that such contract is conditional upon the Client passing JobSeek NZ's credit checking process.

  6. JobSeek NZ 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

  7. 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 JobSeek NZ or JobSeek NZ's reputation

  8. Other than for Services paid for online or by phone using credit or debit cards (where JobSeek NZ will provide payment confirmation after payment has been taken), JobSeek NZ shall issue an invoice to the Client on formation of contract as set out in clause 5 above, and in the case of Subscription Services, at agJobSeek NZ intervals in advance thereafter. The Client shall pay JobSeek NZ's invoices in full within 14 days from the date of invoice. In the event of late payment, JobSeek NZ may suspend any or all of the Services until payment is received. In the event that the Client fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), JobSeek NZ may terminate the Services and all outstanding invoices shall become payable immediately. In the case of subscription Services, the fees in respect of any outstanding minimum term shall also become payable immediately. For the avoidance of doubt, the Client shall remain liable for payment of all agJobSeek NZ Services notwithstanding such Services have been suspended or terminated under this clause 8. Without prejudice to any other remedy, JobSeek NZ reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.

  9. Online payment services will be carried out by Paypal. Online card payments shall be subject to via Paypal shall be subject to Paypal's terms and conditions.

  10. The Client may provide JobSeek NZ with a recurring payment authority to enable JobSeek NZ to take regular payments from the Client's nominated debit or credit card for payment of the Services. Such authority must be provided to JobSeek NZ's sales team by phone or online through the Client's Recruiter account. When a recurring payment authority has been provided, JobSeek NZ will be entitled to take regular payments for the Services from the nominated debit or credit card without the need to obtain individual authorisation for every payment. The Client may cancel or update a recurring payment authority at any time by calling JobSeek NZ's sales team or online in the Client's Recruiter account. The Client will remain liable for any outstanding fees (if any) in the event that a recurring payment authority is cancelled prior to paying for all Services provided.

  11. Once a contract has been formed, JobSeek NZ cannot accept any cancellation of the agJobSeek NZ Services: No refunds will be given and outstanding invoices shall remain payable. Without prejudice to the foregoing:

    (i) Subscription Services (Job Search and CV Search) are for a minimum term of 12 months unless otherwise agJobSeek NZ with JobSeek NZ. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable. These services will automatically renew for a further minimum term of 12 months on the same terms and fees as are applicable on the date immediately prior to the relevant anniversary date, unless either party gives the other written notice to terminate at least 28 days prior to such anniversary.

    (ii) For the avoidance of doubt, Freecruitment, Premium, Featured, Premium+ and TempJob+ Job Posting credits, CV Search credits and JobSeek NZ credits do 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.

    (iii) For Services purchased online, refunds may occasionally be given at JobSeek NZ's sole and absolute discretion.

  12. JobSeek NZ 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 on JobSeek NZ prior to any change or withdrawal of the relevant Service.

  13. JobSeek NZ reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.

  14. Without prejudice to any other remedy, JobSeek NZ 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 JobSeek NZ has reasonable grounds to believe that the Client cannot or will not pay its debts.

  15. JobSeek NZ reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:

    1. the Client has not provided full or accurate contact or company information;

    2. JobSeek NZ considers the Client is acting inappropriately or illegally;

    3. the Client is using the Website to advertise websites, services, businesses and/or business opportunities (unless the business is an agJobSeek NZ franchise system opportunity) in any part of the job vacancy or on any part of the site;

    4. the Client fails JobSeek NZ’s credit checking process, or defaults on payment;

    5. the Client resells job postings without the express permission of JobSeek NZ;

    6. the Client has been given permission to resell job postings but does not accurately represent the products and services that are offered by JobSeek NZ; and/or

    7. the Client has shared its CV Search access with a third party.

  16. 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.

  17. All intellectual property rights connected with the Services and/or the Website shall remain vested in JobSeek NZ 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.

  18. JobSeek NZ 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 (Premium+ Job Postings excepted, by which the Client will receive the number of applications as set out in the description of the relevant Service). For the avoidance of doubt, no Service is guaranteed to result in a placement.

  19. JobSeek NZ shall not be in breach of these Terms if events beyond its reasonable control prevent JobSeek NZ from performing the Services.

  20. It is the Client's responsibility to protect their computers against any viruses and malware.

  21. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between JobSeek NZ and the Client. The Client acknowledges that it has not relied on any representation made by JobSeek NZ 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.

  22. In the event that the Client makes a claim against JobSeek NZ for whatever reason, JobSeek NZ's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall JobSeek NZ 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 JobSeek NZ’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded.

  23. 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.

  24. Notices to JobSeek NZ shall be sent by email to recruiter.support@JobSeek.nz and notices to the Client shall be sent by email to the address supplied on set up of the Client's account.

  25. From time to time JobSeek NZ will contact Clients in order to evaluate the service they receive and also to promote JobSeek NZ's services and products. JobSeek NZ monitors the quality of vacancies from time to time in order to provide a better service to candidates.

  26. 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 JobSeek NZ or of any member of the JobSeek NZ Group. Breach of this clause shall be a material breach and will entitle JobSeek NZ, without prejudice to any other remedies it may have, to terminate the Client's account and Services immediately.

  27. 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.

  28. The Client shall not resell any Services without the express written permission of JobSeek NZ. JobSeek NZ reserves the right to impose any restrictions it deems fit should it provide permission for the reselling of any of the Services.

  29. The Terms shall be governed by New Zealand law and the parties submit to the exclusive jurisdiction of the courts of New Zealand.

Job Postings

  1. By submitting a vacancy to the Website, the Client is authorising JobSeek NZ to post such vacancy and submit candidates ranked by JobSeek NZ in accordance with the Client's criteria (if any).

  2. The Client is responsible for the content of the vacancy and will indemnify JobSeek NZ against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.

  3. 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 (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.

  4. 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.

  5. Applicants' responses will be forwarded by JobSeek NZ by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants' responses and JobSeek NZ 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.

  6. 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 JobSeek NZ accepts no liability whatsoever therewith. The Client will indemnify JobSeek NZ against any Losses in connection therewith.

  7. The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998 and the Equality Act 2010. By submitting a vacancy to the Website, the Client thereby confirms that the content of the vacancy complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at:

    https://www.equalityhumanrights.com/en/publication-download/employment-statutory-code-practice

    The Client shall indemnify JobSeek NZ against any Losses in connection therewith.

  8. The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on JobSeek NZ's site, communications with applicants and management of applicants' details. The Client shall indemnify JobSeek NZ against any Losses in connection therewith.

  9. 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 38 (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 38 (2) (i) and (ii) to the hirer.

  10. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold JobSeek NZ 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.

  11. JobSeek NZ 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 JobSeek NZ considers illegal, inappropriate or fraudulent

    2. those that directly or indirectly require or ask for application or registration fees

    3. those that advertise, 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 the JobSeek NZ Group.

  12. Free job postings under Freecruitment are allocated to the Client as a company, firm or other organisation, rather than to individual users or business units. Franchised businesses are allocated free job postings centrally - to be shared amongst its franchisees - and not to each franchised operation.

  13. Free job postings under Freecruitment are at the discretion of JobSeek NZ. Breach by the Client of any of these Terms may result in the Freecruitment Services being withdrawn from the Client. In the event that the Client has any outstanding debt owing to JobSeek NZ, the Freecruitment Services shall be withdrawn.

CV Searching

  1. The number of CV downloads is subject to a fair usage cap: this is 300 CV downloads per user per day (unless otherwise set out in the Order Confirmation). A user is a person or organisation with a unique login. A Client may have more than one user where agJobSeek NZ with JobSeek NZ. For the purpose of the fair usage cap, each of the following will count as one download: (i) downloading a candidate's CV from the Website onto any computer device such as a PC, phone or tablet computer; (ii) viewing a candidate's full profile on the Website; (iii) adding a candidate to a shortlist created on the Website; (iv) sending a message to a candidate via the Website. Previewing a candidate's profile will not be considered as a download.

  2. 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.

  3. The Client shall not use any automated computer program to search for and/or download information on candidates. Breach of this clause 45 will result in suspension of the Client's account.

  4. The Client shall not share its access to CV Search with any third party.

Registered Office

  • JobSeek NZ Ltd
  • Registered in the NZ

Contact JobSeek.NZ

  • JobSeek.nz