Terms and Conditions - Advertisers

1. Scope

1.1 Beyond 4.0 (Pty) Ltd (hereinafter referred to as "Beyond 4.0 Talent") and the undersigned business partner (hereinafter referred to as "customer") agree to fulfil the performance of their contract pursuant to these terms and conditions and the price list. Beyond 4.0 Talent's terms and conditions together with the additional terms and the price list contain the whole agreement between Beyond 4.0 Talent and the customer. Any terms and conditions of the customer do not apply unless Beyond 4.0 Talent explicitly consents to them in writing.

1.2 The version of Beyond 4.0 Talent's terms and conditions in force at the time of the last concluded contract with the customer, shall apply to the relationship between Beyond 4.0 Talent and the customer. These terms and conditions only apply to business customers and not to consumers.

2. Conclusion of Contract

The contract is concluded when Beyond 4.0 Talent receives the signed acceptance of the contract offer, which shall contain the date, company stamp or signature of the customer. Amendments and additions to the contract as well as statements and individual instructions must be made in writing. Conditioning out the written form requirement also requires a written form. If Beyond 4.0 Talent receives the acceptance of the contract offer after the end of a deadline for the offer, this shall be deemed a new offer made by the customer. The contract is then concluded by acceptance by Beyond 4.0 Talent which will either be made explicitly in text form or implicitly by provision of the services.

3. Description of services

3.1 The contract obliges Beyond 4.0 Talent to provide the products and perform the services agreed upon in the contract, displayed at www.Beyond 4.0 Talent.co.za ("service elements") in accordance with these terms and conditions. The publishing period in relation to access to application service provider products shall be at least 20 hrs per day. The description of services in our additional terms and conditions applies in addition.

3.2 The contract entitles Beyond 4.0 Talent to use customer data for trend analysis and surveys, however, results shall be published anonymously.

3.3 Non-competition clauses are not accepted.

4. Remuneration

4.1 Payment for the services performed by Beyond 4.0 Talent is set out in the price list given to the customer. The price list published in the Dated Proposal at the time the offer was made to customer shall prevail. Services that are not included in the Beyond 4.0 Talent price list are subject to individual agreements between Beyond 4.0 Talent and the customer.

5. Conditions of Payment

5.1 Payment referred to in section 4, includes all additional costs such as e-mails, telephone calls, fax, data transmission, copies and postage which are usually incurred. The cost of corrections and proof-reading that have occurred as a result of the customer supplying incorrect data are not included. Beyond 4.0 Talent will inform the customer if the additional costs exceed the average amount in relation to individual orders. The customer is obliged to pay Beyond 4.0 Talent for these additional costs if he has consented to them.

5.2 If a service element contains an error, the first correction of the incorrect service element is free of charge provided that the error was not caused by the customer's faulty performance. Thereafter every additional correction shall be charged for according to Beyond 4.0 Talent's price list valid at the time when the order for correction was made. However, if Beyond 4.0 Talent makes a mistake in the first correction, the first additional correction shall be free of charge

5.3 The customer will be invoiced immediately upon conclusion of a contract unless otherwise expressly agreed in writing. Beyond 4.0 Talent reserves the right to demand advance payment. Payment is due as per "Payment Terms" stated in the accepted proposal, without deductions.

When a default in payment or a deferment of payment has occurred interest will be charged at the rate of 9% above the REPO Rate of the Reserve Bank of South Africa and collection costs will also be charged. In the event of a default in payment, Beyond 4.0 Talent can suspend further performance of the contract until the payment has been made in full. This shall not apply if the customer is entitled to assert a right of retention. If the parties agreed on payment by instalments, and an instalment is not paid 30 days after the due date, the whole of the remaining amount shall become payable immediately.

5.4 All prices exclude any VAT legally payable on the date of the invoice.

5.5 If payment is made from abroad, payment by bank transfer from abroad will only be accepted if all bank fees and expenses are paid by the customer.

5.6 Any payments made by the customer will be credited against the oldest outstanding invoice. Beyond 4.0 Talent may refuse to fulfil its services until the customer has made all outstanding payments.

5.7 We reserve the right to send all invoices and correspondence in relation to invoices such as but not limited to dunning letters only as an attachment in an email. On that account, the customer undertakes to provide Beyond 4.0 Talent with a valid email address and to promptly inform Beyond 4.0 Talent of any changes in an email address.

6. The Basis of Cooperation

6.1 Beyond 4.0 Talent is committed to continually optimise the number of responses to advertisements of the customer and to improve the quality and quantity of the searchable applications. This includes:

  • Working together with several cooperation partners in all media (including online, offline, TV, mobile and moving pictures media and any new forms of exploitation). The customer hereby gives Beyond 4.0 Talent the right to publish service elements without prior notice in online and offline media, print media and audio and video media. Beyond 4.0 Talent pays special attention to the image and quality of its cooperation partners:
  • Ensuring user-friendly readability on all devices by optimising the display of advertisements.

6.2 The customer's rights under this contract are neither transferable nor assignable. The contract can only be transferred to a third party with Beyond 4.0 Talent's consent.

6.3 As far as Beyond 4.0 Talent has obtained the customer's email address in connection with an order, Beyond 4.0 Talent may, also after the end of the contract, send information, questionnaires and other commercial communication concerning similar services provided by Beyond 4.0 Talent via email. The customer may opt out at any time with effect for the future without any form requirements and free of charge. Beyond 4.0 Talent will inform about the right to opt out in every email.

6.4 The customer undertakes to provide all information and other documentation required for achieving the objectives set out in the contract. This includes, in particular, the delivery of advertisement texts and layouts in a digital form. This also includes the customer's obligation to immediately inform Beyond 4.0 Talent if one of the service elements becomes outdated. Furthermore, the customer is obliged to fulfil the requirement to co-operate as described in the corresponding additional terms and conditions or, when available, as described in the product descriptions for the various service elements. If these requirements are not fulfilled in time, Beyond 4.0 Talent's period of performance shall be prolonged accordingly.

6.5 The customer shall ensure that he receives emails from Beyond 4.0 Talent unobstructed and will set Beyond 4.0 Talent as "trusted server". This shall avoid that online applications, which are sent through Beyond 4.0 Talent's online application form, are filtered by the client's spam filters. The same applies to correspondence under this agreement.

6.6 Beyond 4.0 Talent reserves the right to not execute orders placed by the customer or to withdraw service elements that have already been published if they breach legal provisions, official regulations, the rights of third parties or good morals or the terms and conditions of Beyond 4.0 Talent ("illegal content"). This also applies if links included in the customer's service elements lead directly or indirectly to pages containing illegal content. The customer's payment obligation remains unaffected. Beyond 4.0 Talent shall only be obliged to remove illegal content that breaches legal provisions and/or at the request of the customer. The customer undertakes to indemnify Beyond 4.0 Talent and hold Beyond 4.0 Talent harmless against all payments and legal costs incurred due to illegal content or breach of law on first demand.

6.7 In particular, this includes the following content:

  • If a self-employed or freelance job is posted, it must be made explicitly that the job is self-employed or freelance.
  • If the candidate has to make payments or investments (including training and/or travel fees), this must be made explicitly clear in the service element. The same applies where a commission is paid for the attraction of new members to a closed system.
  • Service elements must refer to a specific vacant position or job.
  • Ads for club memberships and Ponzi schemes, pyramid sales or similar are not allowed. Websites that are linked to, must comply with legal requirements, and must, in particular, have a section that contains the legal information needed in accordance with South African statutory and case law.
  • Service elements must not violate anti discrimination law.
  • Even if the aforesaid requirements are met no content must be published beside the content related to the position or job that is irrelevant to the job search, such as e.g. competitions, events without career relevance, mere sales campaigns etc.

If these requirements are not fulfilled the content shall be deemed Illegal Content as per clause 6.6.

6.8 Beyond 4.0 Talent bears no responsibility for received data, texts for advertisements or the corresponding storage media, and in particular is not obliged to preserve or return these items to the customer.

6.9 Beyond 4.0 Talent is entitled to use vicarious agents.

6.10 The customer is responsible for configuring and arranging his infrastructure in accordance with the prevailing state of the art so that it becomes neither a target nor a source of disruptions which could affect the Internet service supplied by Beyond 4.0 Talent or trouble and fault-free network operation in general.

6.11 The customer guarantees that all of his content or parts thereof published by him on the Internet or given to Beyond 4.0 Talent for publication are not encumbered by third party rights. The customer shall indemnify Beyond 4.0 Talent and hold Beyond 4.0 Talent harmless against any damage Beyond 4.0 Talent suffers from an infringement of this provision by the customer on first demand.

6.12 For job service elements that are published or used at websites that are not operated by Beyond 4.0 Talent PTY limited additional requirements and restrictions may apply. Please be informed that in other countries certain additional requirements and restrictions may apply. These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by Beyond 4.0 Talent PTY Limited are provided upon request.

7. Intellectual Property Rights

7.1 This contract does not transfer any (intellectual) property right, license or right of use from Beyond 4.0 Talent to the customer. All of Beyond 4.0 Talent's rights (including but not limited to the copyright, trademark rights, sui generis database rights, logos, titles as well as any other commercial rights) remain Beyond 4.0 Talent's (intellectual) property without restriction.

7.2 All material and content published by Beyond 4.0 Talent is subject to Beyond 4.0 Talent's intellectual property rights (copyright, trademark rights and sui generis database rights), except for the individual elements of such material and content designed by the customer or a third party that are already subject to a customer's or third party's intellectual property rights and that have not been modified/revised by Beyond 4.0 Talent.

7.3 By placing the order for publishing job listings on the Internet, obtains the sole database right to the customer's job listings published in the database by Beyond 4.0 Talent.

7.4 The customer is responsible for ensuring that the content to be published complies with press law, competition law and other applicable provisions.

7.5 By placing the order, the customer warrants and guarantees that he has obtained all necessary exploitation rights, copyrights and ancillary copyrights that are required for the publication of his data and content on the Internet.

8. Warranty, Malperformance

8.1 Beyond 4.0 Talent warrants that it will fulfil the services ordered by the customer to be rendered by Beyond 4.0 Talent on the Internet in a manner that complies with usual technical standards.

8.2 Warranty claims shall neither exist in case of immaterial deviations from the agreed quality nor in case of immaterial impairment of the usability. The customer shall notify possible defects in writing immediately and at the latest 7 days after the service elements have been put on the Internet. If Beyond 4.0 Talent's is liable for a defect of a service element, Beyond 4.0 Talent shall initially correct the defect by displaying the service elements for a longer period. Only if this measure fails, the customer is entitled to claim a price reduction for that specific element. Upon Beyond 4.0 Talent's request, the customer must inform Beyond 4.0 Talent within a reasonable period if he insists on the delivery of the services or if and what other rights he claims because of the delayed services.

8.3 All liability claims shall become time-barred after one year of the date on which the customer was aware or should have been aware without gross negligence of the client giving rise to such claim.

9. Liability

9.1 Beyond 4.0 Talent shall be liable for damages - irrespectively of their legal basis - in case of gross negligence and intent as well as for damages because of death, injuries of the body or health, if Beyond 4.0 Talent has fraudulently concealed a defect or guaranteed its absence as well as for claims under product liability law. In other cases Beyond 4.0 Talent shall only be liable for damages resulting from the violation of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, in this case, the liability is limited to usual damages foreseeable under the contract.

9.2 In case of a violation of Beyond 4.0 Talent's obligations that is not a defect; the customer may only withdraw from or terminate the agreement if Beyond 4.0 Talent is responsible.

9.3 If a claim is raised against the customer by a third party because of an alleged infringement of patents, copyrights, trademarks or business secrets because of a service provided by Beyond 4.0 Talent ("IPR-infringement"), Beyond 4.0 Talent shall indemnify the customer from all costs (including reasonable costs for legal defense) and claims that occur to the customer due to final decisions of a competent court or any settlement agreement entered into by Beyond 4.0 Talent, provided that (i) the IPR-infringement has not been caused by the customer, e.g. in case of publication of illegal content as per clause 6.6, (ii) Beyond 4.0 Talent remains the full control in defending any claims because of an IPR-infringement and (iii) the customer provides reasonable support and all information to enable Beyond 4.0 Talent to fulfil its obligations hereunder. The indemnification in this clause shall not apply for any measures or declarations that have been made without Beyond 4.0 Talent's prior approval and shall not apply if the customer continues an IPR-Infringement after he has been informed of changes or modifications that would have avoided an infringement. If an IPR-Infringement is determined by a competent court or if Beyond 4.0 Talent considers an IPR-Infringement possible, Beyond 4.0 Talent may in its discretion either (i) at its own expense replace or modify its services so that no IPR is breached, (ii) obtain an exploitation right to use the IPR for the customer or (iii) if measures according to (i) and (ii) are not reasonable or possible, terminate the agreement with immediate effect. The client shall immediately inform Beyond 4.0 Talent in writing if it becomes aware of such breaches of third party IPR.

10. Confidentiality

10.1 Beyond 4.0 Talent shall treat as confidential all information delivered pursuant to this contract which is marked confidential. This obligation of Beyond 4.0 Talent shall also continue after this contract has expired.

10.2 Upon accepting the offer, both parties agree to mutually comply with all applicable privacy and data protection laws.

10.3 The customer is advised in accordance with data protection laws that Beyond 4.0 Talent stores its data in a machine-readable form and uses it according to the purposes of this contract.

10.4 It is the customer's responsibility to treat any ID, password or username or other security device provided for the use of the services with due diligence and due care and to take all necessary steps to ensure that they are kept confidential, secure, are used properly and are not disclosed to unauthorized persons. The customer will be held responsible for any usage of his password or his username by third parties unless the customer provides evidence that the access to such password or username by such third parties has not been enabled by him and that the cause of any such access attained does not lie within his sphere of influence. The customer must immediately inform Beyond 4.0 Talent if it is likely or has become known that someone not authorized is using his password or username or if they are being or are likely to be used in any unauthorized way. In the event of a breach of any material obligations of the customer under this contract, in particular, including but not limited to the infringement of any obligation described in this section, Beyond 4.0 Talent is entitled to immediately interrupt the operation of its services without further notice and without releasing the customer from any payment obligations.

11. Cease and desist undertakings or court orders

11.1 If the customer has received a cease and desist letter due to a product published at Beyond 4.0 Talent, gave an undertaking to cease and desist from certain advertisement (content) or if a respective court order, judgement or any other court decision has been served, the customer is required to inform Beyond 4.0 Talent immediately in writing about this. If the customer fails to inform Beyond 4.0 Talent, Beyond 4.0 Talent shall not be liable. The customer shall then be required to indemnify Beyond 4.0 Talent on first demand against claims of third parties and shall hold Beyond 4.0 Talent harmless from any eventual damages.

12. Term

12.1 This agreement shall be effective from the date on which Beyond 4.0 Talent receives a signed version of the contract. The term agreed therein shall also begin with a reception of the signed contract, or if another commencement date is agreed upon, with such commencement date. This contract terminates automatically after the agreed period has expired unless the additional terms and conditions set out below contain different provisions.

12.2 Service elements can only be ordered during the agreed contractual period. The client's right to order service elements which have not been claimed before the termination of the contract shall end with the termination of the contractual period.

13. Additional terms and conditions

13.1. Advertisements

13.1.1. Description of services

13.1.1.1 These additional terms and conditions for job listings, banners and company presentations ("advertisements") apply in addition to our general terms and conditions and prevail in case of doubt. Beyond 4.0 Talent shall publish advertisements on the Internet on behalf of the customer in HTML format. The advertisements may embed GIF, JPEG or PNG files. Other graphical formats and embedded files are not possible.

13.1.1.2 The content to be published must comply with the following requirements; otherwise, they are considered as illegal content with the consequences as per clause 6.6 of Beyond 4.0 Talent's General Terms and Conditions:

  • Within a job Advert only links to the contracted company's online presence are allowed.
  • Text references and/or links within a job ad to further job offers that are not published at Beyond 4.0 Talent are not permitted. This includes the vacant jobs section on the customer's website.
  • The request for unsolicited job applications is not permitted.
  • Links to competitors of Beyond 4.0 Talent are not allowed unless the customer itself is a competitor of Beyond 4.0 Talent and links to its own online presence.
  • All content of a job Ad must be directly visible to the user. Unless explicitly offered by Beyond 4.0 Talent as part of Certain advertisements, interactive elements, which are controlled by e.g. clicks or mouse over, and the Customer's own tracking codes are not permitted. In any case, links which lead to external pages must be designed in such way that it is perceivable that they link to external pages.
  • Links are permitted only as "no follow" links, i.e. they must be set in such way they are not used by search engines to evaluate the link popularity.
  • All content of a job ad as must be handed over to Beyond 4.0 Talent and must not include frames or any other forms of download via other servers.
  • Taking any influence outside the options provided by Beyond 4.0 Talent (indexing and categorization, title and visible text of the ad) is not permitted. This includes in particular without being limited thereto invisible texts (e.g. white text in front of white background, text behind a picture, use of a CSS to conceal text, use of font size 0) and invisible links.
  • Indexing and categorization, title and visible text of the ad must relate to the position offered in the ad.
  • A job advertisement must contain the company name and a description of the company, a job description, a profile of requirements, the place of work and a way to apply unless otherwise contracted with Beyond 4.0 Talent.
  • The job description must not refer to different jobs. It must contain the job title and describe the job and tasks. The job description must describe the vacant job correctly and must not be misleading. The advertised job must not be amended during the term of publication, additional places of work may not be added during the term of publication. In case of non-compliance Beyond 4.0 Talent reserves the right to charge an additional amount subsequently instead of the consequences as per clause 6.6 of the General Terms and Conditions.
  • A job advertisement may not be published in different language versions and all content needs to be published in English.

13.1.1.3 Beyond 4.0 Talent is allowed, but not required, to publish advertisements on websites owned and operated by Beyond 4.0 Talent and directed towards certain professional categories ("Channels") and may refuse publication on Channels in its sole discretion. In addition, Beyond 4.0 Talent is entitled, but not obliged, to publish advertisements in other media, offline or online or by print or to distribute advertisements to third parties for further publishing. Beyond 4.0 Talent cooperates with media partners for this purpose, and hosts the Beyond 4.0 Talent job board or parts thereof at further URLs without requesting prior approval from the customer. A list of cooperating media partners can be requested from Beyond 4.0 Talent. The publication in other media or with cooperation partners, e.g. in case of mobile-optimized ads, may be made in a different and/or standardized layout. Beyond 4.0 Talent will not charge any additional fees for such additional performance.

13.1.1.4 The customer is aware that content published on the internet is crawled by search engines such as Google and others and that these search engines archive the published content. Beyond 4.0 Talent will set a meta tag of the job ad that the job ads shall not be archived. If an ad is still archived by a search engine Beyond 4.0 Talent shall not be liable and any requests for the deletion shall be made to the search engine.

13.1.1.5 Beyond 4.0 Talent reserves the right to convert the display of job ads in order to improve the listing quality across all devices.

13.1.1.6 The above description of services is comprehensive.

14. Duration of Publication

14.1 Unless otherwise agreed, a job listing is displayed for a period of 30 days, a banner for a period of 7 days. After the period for which a job listing is placed, the display of it can be prolonged for 30 days as long as the prolongation happens within the contractual term. The display prolongation is considered a new placement of the job listing (for a fee). In case of a quota agreement, unspent credits can be used for the placement of the job listing.

14.2 Users with a personal Beyond 4.0 Talent account can store job listings in their personal Beyond 4.0 Talent account for up to 2yrs. The stored job listings will be accessible beyond the actual contract period in accordance with number 2.1 for these users.

15. Offers that are subject to change: International Deals, free services, job ads for training and internships

15.1 Offers and rates for international deals are subject to change until the specific advertisement is placed and depending on Beyond 4.0 Talent's continued cooperation with its cooperation partners in the respective countries. A change of Beyond 4.0 Talent's conditions for international deals does not entitle the customer to terminate framework agreements.

15.2 In its sole discretion Beyond 4.0 Talent may offer certain services free of charge from time to time to specific conditions. All services free of charge are subject to change and can be suspended or terminated by Beyond 4.0 Talent at any time. The customer cannot claim continued fulfilment of services free of charge.

15.3 The placement of advertisements for training and internship contracts is provided in accordance with clause 4.2 as self-service.

16. Miscellaneous

16.1 The customer is advised and agrees that Beyond 4.0 Talent cannot prevent the unapproved publication of job listings by third parties. Beyond 4.0 Talent shall, however, subject to technical and legal limitations, use its best efforts to prevent such unapproved publication. The customer agrees thereto.

16.2 The customer shall hereby assign to Beyond 4.0 Talent any rights in the ownership of a database that may exist with respect to any multiple advertisements delivered to Beyond 4.0 Talent for publication. In particular, the customer acknowledges that Beyond 4.0 Talent is the producer of the database of such job listings and has the sole database right to the customer's job listings published in the database by Beyond 4.0 Talent.

16.3 An offer from Beyond 4.0 Talent for a price lower than the price mentioned in the price list is only valid in relation to the specific customer and under the specific conditions such an offer was made by Beyond 4.0 Talent. It is not valid for a customer who wants a third party, for example, an agency to act on his behalf.

16.4 The transfer of an advertisement agreement ("reselling") to a third party requires Beyond 4.0 Talent's prior consent.

16.5 Four bottom advertisement banners are displayed at the bottom of the site (place of advertisement: left, centred and right). The customer cannot claim a specific place of publication for the advertisement banner unless the client has selected the "Featured Recruiter" position which is always left aligned and larger than the normal banners. Places of advertisement are set by rotation. That means the customer shares the place of advertisement with other advertisements. All advertisements are displayed for a predefined, recurring time period until the end of the term.

16.6 Beyond 4.0 Talent continually endeavours to optimize the search results at www.Beyond 4.0 Talent.co.za, having the goal to achieve optimal results for customers. As far as the categorization of advertisements is done by the customer, the customer is obliged to do these in a correct and reasonable way. Beyond 4.0 Talent reserves the right to amend the categorization in its discretion. The customer cannot claim the publication of his advertisements in specific categories selected by him.

16.7 "Apply now" links are displayed on the site when calling up job ads on Beyond 4.0 Talent's job board. By clicking on the "Apply now" button, a stored job application form pops up where candidates can fill in their contact details, attach their CV and other application documents. Beyond 4.0 Talent's mobile-optimized job application form will automatically display when calling up job ads via mobile devices.

16.8 Beyond 4.0 Talent uses a specific layout for the cross-device optimized display of job ads. Therefore Beyond 4.0 Talent converts job ads from any layout automatically in an optimized structure of content for cross-device readability without charging additional fees.

17. Certain or Special advertisements

These additional terms and conditions for certain advertisements apply to the advertisement products defined in section 1 below (collectively referred to as "Certain advertisements") and apply in addition to our general terms and conditions and the additional terms and conditions advertisements and prevail in case of doubt. The applicability of the general terms and conditions and the additional terms and conditions advertisements to other products remains unaffected. Beyond 4.0 Talent shall on behalf of the customer, publish a presentation of the customer provided by the customer in form of a "Company of the week"-banner and Premium Job (hereinafter referred to as "Company Ad") on the Internet.

17.1 Description of service

The following descriptions of services are an exhaustive description of the services owed by Beyond 4.0 Talent. No further functionalities or services are owed:

17.1.1 Image Ads

On behalf of the customer Beyond 4.0 Talent publishes a Featured Recruiter banner and a Premium Job (hereinafter "Company Ad") provided by the customer on the Internet. The Premium Job will be placed at a prominent position of one of the Beyond 4.0 Talent target group Channels. The Featured Recruiter Banner is published in one of the Beyond 4.0 Talent target group Channels. The Featured Recruiter Banner is not subject to rotation. At the Beyond 4.0 Talent target group Channels, only one Featured Recruiter Banner will be published per Channel and an unlimited number of Premium Jobs will be published at 10 locations that are subject to rotation.

17.1.2 Job Agent Ad

On behalf of customer Beyond 4.0 Talent publishes an advertisement provided by the customer in Beyond 4.0 Talent's regularly released Job Agent (hereinafter referred to as "Job Agent Ad"). The Job Agent Ad consists of a text ad and an animated graphic banner. The text Ad must not exceed 300 characters (including headers and spaces), the animated Ad must not exceed 180×50 px/10 kb.

The Job Agent Ad will be published by Beyond 4.0 Talent under strict compliance with the legal requirement to clearly separate adverts from editorial content. The Job Agent Ad may contain a link to a certain advertisement published by Beyond 4.0 Talent, an overview of advertisements published by Beyond 4.0 Talent, Beyond 4.0 Talent Company presentation or recruiting events at customer's homepage.

Depending on the specific order and unless otherwise agreed, Job Agent Ads are published as follows:

  • Once in an issue of the Job Agent for a specific target group, or
  • Once in an issue of the Job Agent to all candidates that have registered for the Job Agent, or
  • Seven days in a row, each daily in every issue to all candidates that have registered for the Job Agent. This ensures that every candidate that has registered for the Job Agent receives at least one issue containing the ordered Job Agent Ad.
  • Seven days in a row, each in every daily issue targeted at a specific target group.

Only one Job Agent Ad will be published per Job Ad.

The customer is obliged to provide any material for the advertisement completely and correctly at the time of booking, alternatively two days prior to the scheduled date of publication to Beyond 4.0 Talent at the latest. If the material is not provided to Beyond 4.0 Talent in time, completely and correctly, the customer shall have no right to claim publication. Beyond 4.0 Talent's right to payment remains unaffected. The customer is aware that the Job Agent is sent to subscribers only. Subscribers can register for the Job Agent for free, but they will only receive a Job Agent when at least one open position fits the subscribers' profile. Subscribers can unsubscribe from the Job Agent and exclude specific senders so that Beyond 4.0 Talent cannot guarantee a certain number of recipients.

17.1.3 Direct Mail

On behalf of customer Beyond 4.0 Talent sends an email in customer's individual layout to selected candidates from the Beyond 4.0 Talent CV-Database, which have explicitly consented to this kind of information ("Direct Mail"). The Direct mail may contain a specific job offer, an announcement of career events or a presentation of the customer including a link to open positions.

The customer is obliged to provide any material for the advertisement completely and correctly at the time of booking, alternatively two days prior to the scheduled date of publication to Beyond 4.0 Talent at the latest. If the material is not provided to Beyond 4.0 Talent in time, completely and correctly, the customer shall have no right to claim publication. Beyond 4.0 Talent's right to payment remains unaffected.

The customer is aware that the Direct Mail is sent to subscribers only. Subscribers can register for the Direct Mail, can unsubscribe and exclude specific senders, so that Beyond 4.0 Talent cannot guarantee a certain number of recipients.

17.1.4 Skyscraper Ad

The Skyscraper is published at the search results list or if specifically agreed at one of the Beyond 4.0 Talent's target group Channels. The Skyscraper is created by Beyond 4.0 Talent in a standard layout in HTML. Creation as flash is not provided. Unless otherwise agreed, the Skyscraper will be published for a term of seven days. Only one Skyscraper is published per week. The Skyscraper is not subject to rotation.

17.1.5 Individual Plus / Company Presentation Plus

The Listing with Layout Individual Plus and Company Presentation Plus include up to five tabs within the advertisement which open within the job advertisement upon click onto the individual tab and where further information about the open position or the company of the customer can be published. The first tab, which is displayed upon accessing the Listing Plus must be filled with the description of the open position. Additionally, Beyond 4.0 Talent offers a defined number of further categories of tabs to the customer, from which the customer can choose the additional four tabs to be used within the Individual Plus.

17.1.6 Job-Widget

The scope of services of Job-Widget is displaying customer's job ads published on Beyond 4.0 Talent.co.za also on customer's homepage by providing the customer with a URL by Beyond 4.0 Talent. Successful integration requires the incorporation of the frame on the customer's homepage by the customer. Customer's job ads published on Beyond 4.0 Talent.co.za are automatically displayed on the customer's homepage.

17.1.7 Highlight Job

The scope of services of Highlight Job is the colour-coding of customer`s job ads in the list of results in order to accentuate those ads. The job ads are highlighted for the first seven days after being published on Beyond 4.0 Talent.co.za. The colour-coding has no influence on the order of displayed job ad listings in the list of results.

17.1.8 e-Mail Push

On behalf of the Customer Beyond 4.0 Talent will send an email in a layout defined by Beyond 4.0 Talent to selected candidates from the Beyond 4.0 Talent CV database or to subscribers of the Beyond 4.0 Talent Job Agent, which explicitly consented to this kind of information ("E-Mail Push").

The content of the E-Mail Push will be addressing an active Job ad which is placed on Beyond 4.0 Talent's website for at least five further days to candidates that might fit the job ad in Beyond 4.0 Talent's view. The Direct Push will be sent to a maximum number of 500 candidates. Beyond 4.0 Talent does not guarantee any minimum number of recipients since the amount of potential addressees depends on the individual settings and information provided by the candidates.

17.1.9 Social Media Integration

Beyond 4.0 Talent endeavours to react as soon as possible to changes made via Social Media, but cannot guarantee or warrant the functionality in case of changes by the service providers.

18. Offers subject to change

18.1 Except for the Individual Plus, due to the limited availability of certain advertisements, the customer cannot claim publication in a specific period. However, Beyond 4.0 Talent endeavours to respect the customer's preferences as far as possible. In case of Job Agent Ads this is only possible if Beyond 4.0 Talent is informed of the desired date of publication - or in case of a change request the alternative date - five working days in advance. The customer shall normally be informed about the time of publication within three days, at the latest within one week after placing of the order.

18.2 At any time Beyond 4.0 Talent may change the position of the Image Ad within the website, of the Newsletter Ad within the Newsletter, of the Job Agent Ad within the Job Agent and of the Skyscraper within the website as well as the appearance of the respective frame. Due to legal reasons Beyond 4.0 Talent may also make amendments, including amendments to the content of certain advertisements, except for the Listing Plus, which is however subject to section 6.6. and 6.7 of the General Terms and Conditions of Beyond 4.0 Talent.

CV Database (DirectSearch Database)

19. Description of services

19.1 These additional terms and conditions "CV Database (DirectSearch Database)" apply in addition to our general terms and conditions and prevail in case of doubt. Beyond 4.0 Talent operates databases on the Internet which contain CVs of job seekers ("candidate"). Candidates can enter their profiles or CVs into the databases. By activating the CV the candidate publishes the CV either in anonymised form, i.e. without making personal data publicly accessible ("anonymous profile"), or in such a way that his personal data is directly accessible in the database ("public profile"). The customer, that orders access to the CV database, may directly view public profiles and contact the candidates behind the profile and in case of anonymous profiles may, via the Beyond 4.0 Talent's electronic system, send a contact request to the candidate behind the profile.

19.2 Beyond 4.0 Talent only grants access to the CV Database to customers for their own personal needs. No customer may forward access to the CV Database or anonymous profiles to third parties. It is not allowed to access the CV database for enticement of customers. No customer may place deep links from his own web site to the CV Database ("Deep Links"). Beyond 4.0 Talent reserves the right to take immediate legal action against any infringement of this clause without giving any prior warning notice.

19.3 The customer may make use of certain functionalities in the "DirectSearch Database". The service does not include any data backup for the customer. Data may be removed or deleted from the back-office at any time without giving prior warning. Data will automatically be removed from the CV-Centre for data protection reasons as soon as a candidate deletes his CV from the DirectSearch Database. The CV Database must not be used for any purposes violating the laws of the Republic of South Africa and their international counterparts.

19.4 Beyond 4.0 Talent recognizes that its CLIENTs may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the CLIENT's rights. Likewise, the CLIENT recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the CLIENT shall perform its obligations under these terms and conditions.

19.5 As individually agreed in the contract the customer has access to read a specific number of profiles in the CV database.

19.6 Candidates with anonymous profiles may block certain companies from accessing their profile. In such cases, the respective customer cannot send a contact request to the candidate.

20. Obligations of the customer

20.1 The customer warrants that he will comply with all legal provisions, third party rights and good morals. Clause 6(6) of the general terms and conditions shall prevail.

20.2 In particular, the customer warrants to not forwarding or otherwise communicating the personal data of candidates, to respect their confidentiality and to comply with all applicable data protection and privacy rules. Beyond 4.0 Talent recognizes that its CLIENTs may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the CLIENT's rights. Likewise, the CLIENT recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the CLIENT shall perform its obligations under these terms and conditions.

20.3 The customer undertakes to indemnify Beyond 4.0 Talent against all losses, costs, claims, damages or other expenses that are caused by the customer unless Beyond 4.0 Talent is responsible.

20.4 Candidates are responsible for completing their candidate Profiles. Therefore, Beyond 4.0 Talent does not warrant their completeness, correctness, accuracy or accessibility. Beyond 4.0 Talent does not warrant any degree of response.

20.5 The data of job seekers registering on the Beyond 4.0 Talent sites ("candidates") is strictly confidential and may only be stored, or used according to applicable data protection laws. The customer is only entitled to contact candidates for filling concrete vacancies. Beyond 4.0 Talent is entitled to block the account of the customer and withhold access to candidate data in cases of infringements by the customer.

20.6 The customer is advised that special terms apply to data transfers outside the Borders of the Republic of South Africa. Generally, such data transfers require the consent of the candidate - even if the transfer occurs within a corporate group.

21. Pricing models

21.1 The price and the details of invoicing are defined in the Beyond 4.0 Talent rate card or the customer's contract.

22. Nature, Scope and Purposes of the Collection and Use of Personal Data when using the CV Database

22.1 As part of your use of the CV Database and upon every access to the CV Database we will collect and store the Corporate User ID (i.e. based on the user name we will store the identity of the specific user) and the Company ID (i.e. based on the specific user being part of a specific customer, the name of this customer). We also collect and store the scope of the individual use, i.e. which CVs have been accessed when.

22.2 The data collected and stored as per 4.1 will be used in order to avoid abusive use of the CV Database and thus to ensure correct billing of the services. It will also be used in order to ensure and monitor that the CV Database operates properly at all times and in particular to be able to solve eventually occurring issues for specific customers so that the usage of the CV Database is enabled in its entire scope. Upon entering into the contract and when using the CV Database the customer and the specific user agree to the collection and use of the data in this scope.

22.3 Additionally, we will use the data collected as per 4.1 in strictly anonymized form in order to create statistics about the general behaviour of the customers in the CV Database. This allows Beyond 4.0 Talent to design the CV Database in a more customer friendly way.

23. Job Feed

23.1 Description of services

23.1.1 These additional terms and conditions Job Feed apply in addition to the general terms and conditions and prevail in case of doubt.

23.1.2 The scope of the services of JobFeed is the creation of an interface by Beyond 4.0 Talent and with the customer's support, via which Beyond 4.0 Talent regularly fetches the job ads to be published as provided by the customer and subsequently the creation of job ads in the Beyond 4.0 Talent format and individual layout in accordance with the Additional Conditions Advertisements, their publication at Beyond 4.0 Talent and the automatic comparison and actualization of the advertisements published at Beyond 4.0 Talent with the advertisement content provided by the customer. The fetching and the comparison via the interface is fully automated. No manual corrections are owed. JobFeed is a complex software solution. A successful implementation requires close cooperation between the parties. The customer undertakes to provide such support and arrange those preconditions needed for a successful use as per the respective specifications individually defined. This description of services shall be deemed as an agreement of functionality and is comprehensive.

23.2 Term

23.2.1 The term shall be agreed individually. Contrary to the general terms and conditions, Beyond 4.0 Talent shall delete published job listings after these are deleted from the customer's database, and Beyond 4.0 Talent shall publish job listings after they were entered into the customer's database.

23.2.2 The Job Feed data mirroring will take place once daily or as agreed upon.

24. Booking and Acceptance

24.1 Any Job Feed listing published on the Beyond 4.0 Talent site in the described form and any additional job listing published after or during the initial publishing period of four weeks shall be considered as booked by the customer. A job listing shall be considered as accepted if it has been published for 24hrs on the Beyond 4.0 Talent site without the customer rejecting its publication.

24.2 Beyond 4.0 Talent shall count the job listings that were booked and accepted during the contract period and shall provide the customer with a performance confirmation if requested.

25. Beyond 4.0 Talent Recruiter-Space

25.1 Description of services

25.1.1 These additional terms Beyond 4.0 Talent Recruiter Space apply in addition to our general terms and conditions and prevail in case of doubt. Beyond 4.0 Talent grants the non-exclusive, non-transferable right to use the Beyond 4.0 Talent Recruiter Space during the contractual period to the customer. Beyond 4.0 Talent shall provide the customer with the job listing tool Beyond 4.0 Talent Recruiter Space for 20 hours a day at http://www.Beyond4point0.com/Talent/For-Recruiters/. The Recruiter Space enables the customer to edit and publish advertisements on his own. This description of services is considered to be an agreement of functionality and is comprehensive. No other functionalities are granted.

25.1.2 Beyond 4.0 Talent provides the customer with a user ID and a password for accessing the server. The customer may change his password at any time. Within the scope of his general responsibilities, the customer must ensure that his user ID and password can only be used by persons who are authorised to access the Beyond 4.0 Talent Recruiter Space. The customer is also obliged to consider any additional security criteria he has been informed about.

If an agency acts on behalf of a customer, the same provisions apply. Beyond 4.0 Talent will grant agencies access rights to the listings of their customers so that they have the possibility of administering listings and of placing new listings on behalf of their customers. For this purpose, the agencies will be provided with access to statistics, current contractual data and old listings placed on behalf of the customer. To do so, the agency must obtain the prior approval of its customer and produce this to Beyond 4.0 Talent, if required by the latter. The agency shall be liable if a customer makes a claim against Beyond 4.0 Talent because of the potentially unauthorized dissemination of access rights and information.

26. Data Protection

26.1 If personal data is processed, the customer is obliged to comply with all applicable data protection regulations by concluding suitable agreements with his employees and/or by taking adequate organisational measures. This applies in particular to the collection, processing, editing, transfer and deletion of data. Beyond 4.0 Talent is entitled to store the personal data of the customer and may process this data within the scope of this contract.

27. Online Ordering

27.1 Description of services

27.1.1 Certain types of job advertisements can be ordered online from Beyond 4.0 Talent. These additional terms and conditions Online Ordering apply in addition to our general terms and conditions.

27.1.2 This description of services is exhaustive.

28. Written Form

28.1 Contrary to Beyond 4.0 Talent's general terms and conditions the mandatory written form shall not apply. Contractual declarations can validly be made by both parties without any formal requirements.

28.2 The contract is concluded when Beyond 4.0 Talent accepts the customer's order and receipts payment for said order. Beyond 4.0 Talent shall accept the order within 48hrs by email confirmation. The confirmation of the reception of the order is generated automatically and shall not be considered an acceptance of the order.

28.3 The products and rates published at Beyond 4.0 Talent's websites are subject to change. Beyond 4.0 Talent endeavours to publish correct products and rates at all times. Beyond 4.0 Talent shall be obliged to provide the products at the defined prices only after the customer has received Beyond 4.0 Talent's acceptance of the order.

29. Terms of Payment

29.1 No agency commission is granted for Online Ordering.

29.2 Beyond 4.0 Talent reserves the right to provide service upon prepayment, only. Otherwise, the customer may principally choose to pay via an alternative payment method after placing the order and receiving the invoice. Services will only be released after payment is receipted for the services.

29.3 Beyond 4.0 Talent grants refunds in accordance with statutory provisions.

30. Customer Information Obligations

30.1 Pursuant to local law Beyond 4.0 Talent informs the customer as follows:

30.1.1 In order to make an offer for a job advertisement contract the customer is taken through the following technical steps:

  • The client chooses their respective package (1 or 3 Postings)
  • The client creates an account and selects "NEXT"
  • If one advert is selected, the client can load and preview their advert or choose to place it later. If more than one advert is purchased client cannot place or preview the advert until logging on after payment is received by Beyond 4.0 Talent.
  • A client can select any additional products (30-day extension and or Company Hub) by adding to Basket.
  • Client confirms items purchased and selects CHECKOUT
  • The client completes account set up and enters the promo code (if applicable) and will be required to agree to Terms and conditions. At this time, the client will need to indicate if an invoice is required before payment can be made.
  • Client Submits order
  • The client is taken to PayU site and receives attached email
  • If the client pays via Credit card PayU confirm immediately
  • If the client pays via EFT and uses the correct reference number provided on step 8 payment is released by PayU
  • The contract is concluded when the customer receives Beyond 4.0 Talent's order confirmation and payment is received and receipted by Beyond 4.0 Talent. Thereafter the advertisement will be published online.

30.1.2 These terms and conditions (general terms and conditions, additional terms and conditions advertisements and additional terms and conditions Online Ordering) together contain the entire terms of the contract for the online ordering of a job advertisement. The price for an Online Ordering is defined in the price list which was done live and published at http://www.Beyond4point0.com/talent when the customer received Beyond 4.0 Talent's offer to enter into a contract. The legal relationship resulting from the (free of charge) visit to the Beyond 4.0 Talent web site is explained and defined in detail in our Terms of Use. After entering into the contract we store the entries of the customer made during the online order. This information is not accessible for the customer after entering into the contract. Additionally, we would like to inform you that Beyond 4.0 Talent only publishes the current Terms and Conditions and price lists. Thus the customer will not have access to the Terms and Conditions and price lists that were in force at the time of entering into the contract in case of later updates to the Terms and Conditions and the price list.

30.1.3 Beyond 4.0 Talent provides technological means that help to identify and correct any errors entered before the order is placed. The most important element in the context of online ordering of job advertisements is the advertisement preview on each of the three pages of the application form.

30.1.4 The contract language is English.

30.1.5 Beyond 4.0 Talent will store the customer's order. The customer will not have access to his online order.

30.1.6 Beyond 4.0 Talent complies with Local data protection standards, its terms of use and the conditions set out in its privacy statement.

31. Video Ads

31.1 Description of service

31.1.1 On behalf of the customer Beyond 4.0 Talent publishes short videos that have been produced with the customer's involvement containing information about the customer and open positions on the Internet ("Video Ads"). These additional terms and conditions Video Ads apply in addition to our general terms and conditions and prevail in case of doubt

31.1.2 This description of services is comprehensive.

32. Rights of use

32.1 Beyond 4.0 Talent offers two types of Video Ads. On the one hand, videos that are provided to Beyond 4.0 Talent by the customer (hereinafter referred to as "Beyond 4.0 Talent Videos") and on the other hand such videos that are produced by Customer or Customer Agent for the customer (hereinafter referred to as "Cooperation-Videos").

If the customer has produced the Video Ad he shall not be entitled to publish the Video Ad without Beyond 4.0 Talent's prior approval, unless otherwise is agreed. Beyond 4.0 Talent may also use the Video Ad on websites of its cooperation partners worldwide.

33. Cooperation-Videos

Cooperation-Videos are produced and supplied by the customer.

Beyond 4.0 Talent publishes the Cooperation-Video or includes it in Video-Ads.

The customer warrants and guarantees that Cooperation-Videos will not contain any illegal content and its publication will not violate any applicable laws and will not infringe any third-party rights. Clause 6.5 of the general terms and conditions apply.

34. Beyond 4.0 Talent-Videos

Beyond 4.0 Talent and customer agree that Beyond 4.0 Talent shall own (or shall be granted) the worldwide, exclusive copyright (or exploitation right) unrestricted in space and time in and to the Beyond 4.0 Talent-Videos for all existing forms of exploitation. This includes but is not limited to the right of reproduction, right of diffusion, right to broadcast and making an available right.

Beyond 4.0 Talent may grant sublicenses.

After Beyond 4.0 Talent's prior written approval, the customer may publish the Beyond 4.0 Talent-Videos at his website or at websites of its partners. Beyond 4.0 Talent will not unreasonably refuse the approval. Beyond 4.0 Talent may make the approval dependent on payment of an additional fee, unless the Beyond 4.0 Talent-Video was produced by the customer. The customer shall not be allowed to publish the Beyond 4.0 Talent-Video at other job boards.

The customer warrants and guarantees that Beyond 4.0 Talent-Videos will not contain any illegal content and its publication will not violate any applicable laws and will not infringe any third-party rights. Clause 6.5 of the general terms and conditions apply.

Beyond 4.0 Talent

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