Terms and Conditions (for Company)
JOBNEXT Terms and Conditions (“this Terms and Conditions”) affects the legal rights and obligations between PT. JOB NEXT INDONESIA (“JOBNEXT”) which provides online job information and recruitment support services (“Support service”) through website jobnext.net which operated by JOBNEXT (“System”), and who is provided Support service and using System (“Client”). Client has agreed to be bounded by this Terms and Conditions if client is provided Support service and using System.
I. ACCOUNT ACTIVATION AND MANAGEMENT OF ID AND PASSWORD
- Client can sign in to jobnext.net immediately after account activation by signing up and email confirmation. However, Any information cannot be published before it has been reviewed by JOBNEXT.
- Client agrees to be rejected by JOBNEXT if unacceptable for some reason or other.
- Client agrees to take responsibilities for managing their Sign-in ID and password. JOBNEXT doesn’t take any responsibility for loss by Client mistake, such as leakage, usage error, etc.
- Without JOBNEXT approval, Client`s Sign-in ID and password must not be used, transferred, sold, to third party. And company name must not be changed.
- If Sign-in ID and password was stolen, or used by third party, or Client forgot Sign-in ID and password, Client shall contact to JOBNEXT immediately
II. COMPLETION OF JOB POSTING AGREEMENT
By starting to posting post or Share job information through jobnext.net, or using Support service, or using any recruitment services made by JOBNEXT, Client is acknowledging and agree to be bounded by this Terms and Conditions. If candidate who applied through JOBNEXT was hired Or the candidate who is registered as JOBNEXT member that using JOBNEXT service, the obligation to pay for fee will occur to you. Please refer to point III. Payment no.5
- If Client decided to hire a candidate, Client agrees to pay the fee to JOBNEXT as the following details to JOBNEXT.
- (1) By Online matching system = 10% of the gross annual income per successful hiring.
- (2) By Recruitment Consultant = 20% (Overseas Recruitment 35%) of the gross. annual income per successful hiring.
- The fee is based on offered gross annual salary of the Candidate, and shall be calculated by 14 times of fixed monthly salary. Tax is excluded.
- (1) How to determine the fee The fee is calculated from salary which has been filled into “Offering form(Offering Letter)” by Client. JOBNEXT will send to Client a “Hiring Report” which has been described about salary for confirmation.
- (2) If the fee is less than 7.000.000 IDR, JOBNEXT will charge 7.000.000 IDR to Client. Tax is excluded.
- JOBNEXT deems that the Candidate has been hired at point when the Candidate sent back a signed Offering Letter to Client.
- If the Client terminates the employment within 30 days from the Candidate’s first day of work / hiring date neither by own decision or Candidate resignation but and/not limited to Client placement decision for sudden change and/or remunerations which are not suitable with the Employment Agreement/Offering Letter, JOBNEXT will refund 50% of fee that related to Hired Candidate.
- (1) In this case, JOBNEXT can ask candidates and decision-makers the fact of retirement for confirmation.
- (2) Client must report that fact within 30 days from the date of Hired.
- The Candidate who applied to Client through the System are all bounded by This Terms and Conditions. If Client already knew the Candidate before using JOBNEXT System and planned to hire, Client should let the candidate not to use jobnext.net service, otherwise JOBNEXT might charged to the Client for fee.
- JOBNEXT might change the fee, and for this issue, JOBNEXT will send an announcement to Client by 1 month before by using E-mail and Client Page.
- If Client defaults in making payment on due date, JOBNEXT shall impose a penalty amounting to 3% of billed amount per month until all of the payment has been completed
IV. REPORT RESPONSIBILITY
- Client shall report to JOBNEXT about status of recruitment in using jobnext.net if requested by JOBNEXT.
- Client agrees to be charged if JOBNEXT could not get any information from Client after request report about status within 30days.
V. APPLICATION FOR THE REJECTED CANDIDATE
- If Client decided not to hire the Candidate through jobnext.net, but within 1-Year after the application, the same Candidate is being hired by the Client, JOBNEXT has the right to charge Client for the fee. Need to be explain what is the meaning of Application here. Exp; after interviewing a candidate, if client decided not to hire the candidate through jobnext.net, but within 1 year after application, the same Candidate which already rejected by client is being hired by client, in this case JOBNEXT has the right to charge client for the fee.
- JOBNEXT has the right to request Client with the documents related to the recruitment. Client must provide the requested document in prior to recruitment for the Candidate from JOBNEXT. JOBNEXT may do the company visit to Client office by prior notice regarding to recruitment status within 1-Year after the application.
VI. FLOW OF PAYMENT
- Client shall finish all payment until the end of the month if the Candidate is hired in period from the 1st to the 15th of each month.
- Client shall finish all payment until 15th of next month if the Candidate is hired in period from the 16th to the end of each month.
- Transfer cost will be paid by Client. All fees quoted are exclusive of any applicable taxes unless specifically noted otherwise.
VII. PROHIBITED USE AND BEHAVIOUR
- Client may use the website and any accessed through it, at entirely their own risk. Client shall be solely responsible for their communications and the consequences of their post. Client may be prohibited to post the job vacancies if any of the following behavior occured :
- (1) If Client make a violation of laws and regulations, and also public order and morality.
- (2) If probability that lead to criminal behavior is high.
- (3) If there is a possibility leading into fundamental human rights violation, employment discrimination in Client Company, or impairment to the employment opportunity.
- (4) If there is a possibility that the labor provisions are inconsistent with labor regulations.
- (5) If Client asks unreasonably request related to economy problem of Candidate, such as :
- a. Goods, materials, purchase of equipments
- b. Training fee, delivery fee for registration form
- c. Monetary investment
- d. Expenses through education facilities
- (6) If Client running a distribution of pornographic drawing , document or materials as such.
- (7) If there is a factual error or invalid statement.
- (8) If Client infringes the intellectual property rights, copyrights or other Client / Third Party contents.
- (9) If Client infringes privacy or property rights of the Third Party or other Client.
- (10) If Client gives a disadvantage to third party or other guests.
- (11) If there is slander issue from Client to third party or other guests.
- (12) If Client wants to damage the credit of another company or interfere with the service operator.
- (13) If Client is deemed inappropriate by JOBNEXT based on reasonable .
- If JOBNEXT finds the content of Client’s Job Post is under any of the following behaviours, or JOBNEXT determined that there is a possibility of violence, JOBNEXT could stop the job post without prior notification. JOBNEXT will not take any responsibility if Client got some damage by the discontinuation due to server that we mentioned previously.
- If JOBNEXT got some claims of infringement by the third party due to Client’s job post under any of the items of the first point, Client shall take full responsibilities and solve these claims, including cost of completion. Client also shall agree to defend, indemnify, and hold harmless JOBNEXT from the claims that can be happened because of the unlawful act resulting from not complying all laws, rules and regulations in this document. If JOBNEXT, by any change, get involved in this dispute, Client has to pay for required cost for legal action (including attorneys' fee) that JOBNEXT use for self-defense law.
VIII. NO WARRANTY
- JOBNEXT didn’t compromise anything related to system quality and function, such as technical, or integrity of commercial used, and for every accuracy and utility. JOBNEXT also didn’t compromise anything regarding to the result that Client could get from their Job information.
- JOBNEXT will not take a responsibility, for any trouble in system causing by Client or Third Party.
IX. PRIVACY STATEMENT
- By maintaining Client information, JOBNEXT agrees not to use or disseminate information to other Party to prevent the distribution of any kind attained information from the other party. JOBNEXT is being managed by our (JOBNEXT) good manager. However, this rule is not including any non-personal information that listed below:
- (1) Information that already being shared and known by public.
- (2) Information that already publicly known wasn’t JOBNEXT responsibility anymore.
- (3) JOBNEXT proprietary, and not a confidential information.
- (4) Information that being published by third party.
- Disposal of the data and returning the information properly will be made if the agreement was over and JOBNEXT is asked by Client to do so until the state of non-renewable.
X. USE OF PERSONAL INFORMATION RECEIVED BY CLIENT FROM SYSTEM
- Client agrees that personal information which was received from Client in the System, shall not disclose to any third party, or being used in any other purpose other than hiring activities.
- If by some chance, JOBNEXT is being sued of by third party prior to violation of preceding paragraph, Client shall take full responsibility to solve the problem including cost of completion.
If JOBNEXT, by any chance, got involved in this dispute, Client has to pay for required cost for legal action (including attorneys' fee) that JOBNEXT use for self-defense law.
XI. TERMINATION OF SERVICE
JOBNEXT could stop or change or withdraw all part of management service without prior notice. With the exception of our (JOBNEXT) responsibilities and capabilities, Client shall not claim a compensation regarding to service termination or management. This term will be enacted if:
- Regarding to urgent case or regular maintenance and inspection of the system.
- Fire or power outage that causing the system to work not properly.
- Natural disaster.
- Trouble, malfunction, or disorder of JOBNEXT equipment.
- Any reason excluding JOBNEXT responsibilities.
- JOBNEXT received complain from Candidate regarding to Client strange hiring method or recruiting method.
- Any other reason that make JOBNEXT considered by necessary to stop or withdraw the service.
XII. VALIDITY PERIOD
- Prior to the giving of the account (Sign-in ID and password) from JOBNEXT to Client, This Terms and Conditions will be valid for 1 (one) year from the date of signing up. This Terms and Conditions shall be extended in 1 year automatically with the same term, if JOBNEXT and Client hereby don’t issue the termination request by 3 days before expired date.
- Regardless of preceding term, This Terms and Conditions shall be disabled, if JOBNEXT and Client hereby issue a written notice of termination. Letter of termination shall be active 3 days after JOBNEXT received the written notice of termination.
- This Terms and Conditions shall be terminated without any prior notification, if Client does any of the following action as such :
- (1) Violating under any of the provisions from This Terms and Conditions.
- (2) JOBNEXT is being sued by third party regarding to misleading information among job information and current situation.
- (3) Despite of being asked by JOBNEXT, there is no reasonable explanation regarding every suspected violation of this Terms and Conditions.
- (4) In response to allegation of bankruptcy, civil rehabilitation proceedings, special liquidation proceedings, or corporate reorganization proceedings, and if Client lodged by their own, nearly bankrupt, or if the things that in mentioned above have considered as high probability.
- (5) If we (JOBNEXT) discovered that client belong to an organization that may contribute to making a violent illegal act, or if Client has a connection or transaction with organizations that may commit an illegal act.
- (6) Other reason that make JOBNEXT considered by necessary to terminate this agreement.
- This Terms and Conditions also shall be terminated without any notification, if JOBNEXT do an appropriate from the following :
- (1) Without justifiable reason, JOBNEXT do not carried the System.
- (2) Tell an untruth information to Client.
- (3) Violating under any of the provisions of this Terms and Conditions.
- (4) Without reasonable reason, JOBNEXT doesn’t follow the direction of Client.
XIV. EFFECT OF TERMINATION
At the time this agreement ends, regardless of any reason of termination such as expired date, cancellation or termination, Client agrees to finish the placement fee payment regarding to all employee who are already being hired through jobnext.net.
XV. OTHER PROHIBITIONS
- All contents of the Website, including but without limitation of informations, texts, graphics, images, layouts, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Website, are the intellectual property of the Company, its associated or affiliated companies or licensors and are protected by copyright, trademark, patent and other intellectual property laws (including international intellectual property laws). Client agrees to not infringe JOBNEXT rights, or to disassemble the system, or decompilation, or reverse engineering, or modify, or change, or remodeling.
- Client can post their job vacancies when Client agrees to this Terms and Conditions. According to the content of this Terms and Conditions, the photos, videos, documents are belongs to JOBNEXT and should only be used in the System.
- Client agrees not to run a business as well as JOBNEXT or other online job recruitment by using personal data, technical information, job site management method information that Client gets as using JOBNEXT services. Client also shall not provide any information to third party, either be paid or not. Client agrees to keep the confidentiality of the candidate and other related information during and after the recruitment process.
- By contractual status based on this Terms and Conditions, Client shall not alienator their loan and other rights to third party unbeknownst to JOBNEXT.
XVI. CLIENT STATEMENT FOR ORGANIZED CRIME GROUPS
- By the time Client applies on JOBNEXT service, Client, their staff or employee were sworn that they are not involved in organized crime groups (crime syndicate, gangsters, crime syndicate or organization companies involved, or haven’t related or other anti-social forces).
- JOBNEXT will stop the service if Client do any following action such as:
- (1) Client asks third party to do some violent act, or committing fraud, or do some compulsive expression or business sabotage against JOBNEXT.
- (2) Client or their staff or employee has been known organized crime group.
- (3) Client doesn’t want to cooperate for the examination concerning the confirmation that Client is not organized crime group, or doesn’t submit any materials related to confirmation that Client is not organized crime group.
- In addition to stop the service, if JOBNEXT terminate this agreement because of any fraud or mistake made by Client related to their status as, organized crime group, Client could not claim compensation for damage.
XVII. PENALTY AND PAYMENT OF DAMAGES
- If Client does a violation of laws and regulations or any unlawful act that caused damage to JOBNEXT, Client shall assume the responsibility to compensate (including attorneys' fee).
- If Client decided to hire a Candidate who acquired by using System but denied it on purpose and give a fake confirmation to JOBNEXT that Client doesn’t want to hire the Candidate (“hidden act”), in addition to compensation payment described in the preceding paragraph, Client agrees to pay 50% from fee that Client shall pay if they hired the Candidate, or if the 50% amount is less than 20.000.000IDR, Client agrees to pay as much as 20.000.000IDR
- If with negligence, Client confirms the candidate hiring approval and for that confirmation, JOBNEXT has been paid to Candidate for [Career Change Cash Reward], regardless of the reason, Client shall pay the [Career Change Cash Reward] at the equal amount to JOBNEXT, and Client shall demand a refund of [Career Change Cash Reward] to candidate at the equal amount.
If there is a term that not referred in this Terms and Conditions for both of JOBNEXT and Client, or there is a doubt occurs on the interpretation of the terms in this Terms and Conditions, Both of side, JOBNEXT and Client should do a discussion sincerity to solve the matter. This discussion will be carried out by JOBNEXT salesperson Client Company, and if the discussion is get worse, it will be replaced by JOBNEXT legal staff.
XIX. CHOICE OF LAW
This Agreement shall be governed by and constrained in accordance with the laws of the Republic of Indonesia.
For any dispute relating to this agreement or addendum will become a cooperation in Jakarta District Court.
XXI. CHANGE OF TERMS
JOBNEXT reserves the right to update, revise, modify or amend this Statement in the following manner at any time as the JOBNEXT deems necessary without any obligation that JOBNEXT should deliver any notice to and/or obtaining consent from users, so users are strongly recommended to review this Statement frequently. If JOBNEXT decides to update, revise, modify or amend this Statement, JOBNEXT will provide 1 month announcement period by E-mail and Client JOBNEXT site, hence, so that Client would be aware of what information. Rights and obligations that are occurring currently on the basis of this Terms and Conditions, shall not valid in new Terms and Conditions.