OfferZen - Terms and Conditions

Definitions

Throughout this document, the words "OfferZen," "us," "we," and "our," refer to our company (OfferZen B.V. for Services provided in the Netherlands or GitFetch (Pty) Ltd, OfferZen Premium (Pty) Ltd or OfferZen Recruitment (Pty) Ltd for Services provided in South Africa), our Site (www.offerzen.com) or our Services, as is appropriate in the context of the use of the words.

"Applicant" refers to persons or entities who apply to participate in an OfferZen Programme.

"Candidate" refers to prospective employees who are seeking employment opportunities through OfferZen.

"Employer" refers to companies that have signed up to OfferZen with the intention to recruit Candidates, or to the individuals who represent those companies.

"Start Date" refers to the first working day of a Candidate at an Employer.

"Interview Request" refers to an expression of interest sent via OfferZen from an Employer to a Candidate. An Interview Request is non-binding and does not create any contractual obligations to either Employers or Candidates.

"Job Offer" is a formal, binding offer of employment from an Employer to a Candidate.

"OfferZen Programme" refers to any alternative programme, offering or project offered by OfferZen, including on or through its Site and whether in partnership with a third party or otherwise.

"Participant" refers to Applicants who are eligible to participate in an OfferZen Programme.

"Success Fee" is the fee charged to Employers by OfferZen on the successful hire of the Candidate.

OfferZen Services

OfferZen is offering a way for Employers to connect with Candidates, and for those Candidates to express interest in specific companies.

As an Employer you acknowledge that we will not perform background checks on Candidates and that you are responsible for performing due diligence on all Candidates including, but not limited to, background checks, reference checks and checks for the accuracy of the provided information.

OfferZen also offers participation in OfferZen Programmes from time to time.

Candidates and Employers

Roles and Responsibilities

Candidate's Role

After your registration as a Candidate has been accepted by us, you will be able to make your profile visible to Employers. Employers will then have the opportunity to send non-binding Interview Requests to you. You must respond to Interview Requests within 48 hours, but you are not obliged to accept any Interview Request or contact any Employers that send an Interview Request to you.

Once an Employer has sent an Interview Request to you and you have responded to it, you may use other means of communication other than the OfferZen platform to communicate with the Employer. Until you have received an Interview Request from an Employer, you agree not to attempt to circumvent OfferZen by communicating outside OfferZen's platform. We may remove any Candidate that attempts to do this.

Employer's Role

After your registration as an Employer has been accepted on the OfferZen platform, you will be able to browse Candidates on OfferZen and submit Interview Requests.

Once you have identified a Candidate on OfferZen, you agree to initiate communication with the Candidate exclusively via an Interview Request. The Employer and the Candidate may use other means of communication once the Candidate has responded to the Interview Request.

If a Candidate accepts a Job Offer, you agree to inform OfferZen within five business days of the Candidate's acceptance, and provide the details, including the Start Date, remuneration and duration, along with a copy of the final accepted offer or employment contract. Where an Employer does not provide these details in a timely manner, or provides insufficient or incorrect details, OfferZen is entitled to estimate both the Candidate's remuneration and Start Date and invoice according to this estimation.

You agree not to attempt to circumvent OfferZen by attempting to communicate and hire a Candidate after discovering the Candidate on OfferZen. If you do this, there will be a Penalty Fee of up to 12.5% (excluding VAT) of the Candidate's annual total cost to company (CTC) in addition to the Success Fee and your access to OfferZen will be denied.

Payments and Refunds

For Candidates

OfferZen is free for Candidates.

As a Candidate, you are required to promptly notify OfferZen within five business days if you accept a Job Offer, whether for an indefinite or fixed term. You shall also provide OfferZen with a copy of your signed offer letter or employment contract containing the key terms of the Job Offer, including your Start Date and remuneration.

For Employers

If a Candidate is identified through OfferZen and accepts a Job Offer within six months of the Candidate's OfferZen profile being visible to the Employer, you as the Employer will be charged a Success Fee, regardless of whether the Candidate accepts an Interview Request. The Success Fee (excluding VAT) is equal to 12.5% of the Candidate's annual total CTC, inclusive of all guaranteed income. OfferZen will invoice you within one week of the Candidate's Start Date and the Success Fee shall be due 30 days after the Start Date.

If you already had an Active Process with the Candidate, no Success Fee will be due. An Active Process means that there was at least one communication regarding a potential hiring (email, call, interview, ...) between the Candidate and the Employer at least 90 days before the Candidate's profile was made visible on the OfferZen platform and such communication did not result in a rejection of the Candidate by the Employer.

Refunds:

If the Candidate or the Employer terminates the employment within 90 days of the Start Date for any reason other than redundancy, retrenchments or economic reasons, the paid Success Fee will be refunded to the Employer.

In order to claim your refund, you as the Employer, must notify OfferZen about the termination of the Candidate's employment and provide all the requested details. You must also have notified OfferZen about the original accepted Job Offer in accordance with our requirements set out above. A refund will only be due to the Employer where the relevant Success Fee was paid in accordance with OfferZen's payment terms.

Fixed Term Contracting

If a Candidate is hired on a fixed term contract of less than a year there are two options for the payment of the Success Fee, with Option 1 being the default unless you let us know otherwise.

Option 1:

The Employer pays the full Success Fee equal to 12.5% (excluding VAT) of the Candidate’s annualised monthly CTC, inclusive of all guaranteed income. The Employer will then be eligible for the refund if the employment contract is terminated within 3 months, provided they meet the Refund criteria set out above.

Option 2:

The Employer pays a Success Fee of 12.5% (excluding VAT) of the Candidate’s total CTC for the duration of the contract. If the Candidate is made permanent or their contract is extended, you agree to notify OfferZen of this, and you will be required to pay the remaining Success Fee of 12.5% (excluding VAT) of the Candidate’s annualised total CTC less the amount already paid. Should you choose this option you will not be eligible for a refund if the Candidate’s employment contract is terminated.

OfferZen Programmes

As an Applicant, you acknowledge that (i) at OfferZen's sole discretion, you may or may not be eligible to participate in an OfferZen Programme; and (ii) where OfferZen Programmes are offered in partnership with any third parties, you may or may not be required to accept further terms and conditions of such third party as part of your application.

As a Participant, you agree to be bound by any further terms and conditions which may be applicable to an OfferZen Programme and which may be made available to you prior to your participation.

OfferZen reserves the right to limit application to and/or for participation in any OfferZen Programme.

General

Cancellation

At any time, and without cause, we may cancel or terminate your access to OfferZen or use of any Services at our sole discretion. You are not entitled to any kind of compensation if you request to cancel or terminate your account, any Service or participation in an OfferZen Programme and will continue to be liable for any remaining payment obligations.

Privacy Notice

All of our interactions with you will be in accordance with our Privacy Notice. The Privacy Notice can be accessed on OfferZen (www.offerzen.com/privacy) and will be updated from time to time as required. All questions around OfferZen's Privacy Notice or your personal data should be directed to privacy@offerzen.com.

Confidentiality

You agree to keep all information gained from using OfferZen and/or any Service confidential.

You agree not to disclose the names or identities of any Candidates listed on OfferZen, outside of your recruiting or hiring department. You also agree to keep information about Interview Requests confidential.

You agree to keep your login details secret and not to divulge them in any form to any person or, in the case of company members, to any other company member.

Publicity

OfferZen may include the name of any Employer in any document or website for marketing and publicity purposes.

Indemnification

You agree to indemnify and hold OfferZen, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your access or use of the OfferZen platform and/or any Service.

By logging in and accessing OfferZen, the Site and/or applying to Participate in any OfferZen Programme, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, our Privacy Notice and our Code of Conduct (www.offerzen.com/code_of_conduct/).

We may amend these conditions from time to time. By accessing this Site you are, and agree to be, bound to the version of our Terms of Use published here at the time of any visit to this Site.

Applicable law and jurisdiction

These terms and conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these terms and conditions or their formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with laws of (i) the Netherlands where the Services are provided in the Netherlands and the courts in Amsterdam will have exclusive jurisdiction; or (ii) South Africa where the Services are provided in South Africa and the courts in Cape Town will have exclusive jurisdiction. OfferZen retains the right to have any dispute brought before any other competent court.

Referral Terms