Terms of service
1. Parties and acceptance
1.1 These terms are an agreement between [registered entity name], registration number [company registration number], a company incorporated in the Republic of South Africa and trading as Recruit 360 (“we”, “us”, “Recruit 360”), and the organisation that subscribes to the service (“you”, “the Customer”).
1.2 You accept these terms when you request or create a workspace, when you accept them on screen after signing in, or when you continue to use the service after a new version takes effect. Acceptance is recorded against the accepting user together with the version, the time, the IP address and the browser user agent.
1.3 The person accepting warrants that they are authorised to bind the Customer.
1.4 The privacy policy and the data processing addendum form part of this agreement. Where they conflict with these terms on the handling of personal information, they prevail.
2. Definitions
- Service — the Recruit 360 applicant tracking software, its websites, APIs, browser extension, mobile companion, plugins and documentation.
- Workspace — the isolated tenant created for the Customer, and the data in it.
- Authorised user — an individual the Customer invites into its workspace and who holds a live login.
- Customer data — everything the Customer or its authorised users put into the workspace, or that the service collects on the Customer’s behalf, including candidate records, CVs, client records, vacancies and correspondence.
- Personal information, responsible party, operator, processing and data subject carry the meanings given in the Protection of Personal Information Act 4 of 2013 (POPIA).
3. The service
3.1 We grant the Customer a non-exclusive, non-transferable, non-sublicensable right, for the duration of the subscription, to access and use the service for its own internal recruitment or talent acquisition purposes, subject to these terms.
3.2 The service is provided as software as a service. Nothing in this agreement sells, assigns or licenses any part of the software itself to the Customer.
3.3 We may change, add to or withdraw features. We will not materially reduce the core functionality of a paid subscription during a paid period without notice and, where the reduction is material, without offering a pro-rata refund of the unused portion.
3.4 The service integrates with third-party systems the Customer chooses to connect — mail providers, calendars, job boards, payment gateways and similar. Those systems are governed by their own terms, we are not responsible for them, and a change on their side may interrupt the integration.
4. Accounts, users and the workspace owner
4.1 Each workspace has exactly one owner. The owner holds the commercial relationship, may transfer ownership to another authorised user, and cannot be removed or demoted by an administrator.
4.2 The Customer is responsible for its authorised users, for the acts and omissions of anyone using its credentials, and for removing access promptly when a person leaves.
4.3 Logins are personal. Sharing a login between people, or creating an account for a person who is not an authorised user, is a breach of this agreement.
4.4 The Customer must keep credentials confidential, enable the available account protections, and tell us without delay at support@recruit360.co.za if it suspects unauthorised access.
5. Trial, subscription and payment
5.1 A trial workspace runs for 14 days from creation unless we agree otherwise in writing. No payment method is required to start a trial. Changing the standard trial length does not shorten a trial already running.
5.2 At the end of a trial, and on non-payment of a subscription, the workspace becomes read-only rather than being deleted. Existing data stays visible and exportable; new records cannot be created. The owner and administrators keep access to billing so that the account can be restored, which happens immediately on payment.
5.3 Subscription fees, the billing period and the number of licensed users are those shown in the workspace at the time of purchase. Fees are stated in South African rand and are exclusive of value-added tax unless stated otherwise.
5.4 Subscriptions renew automatically for successive periods until cancelled. Cancellation takes effect at the end of the period then running. Fees already paid are not refundable except where clause 3.3 or the law requires it.
5.5 We may change our prices on 30 days’ written notice, taking effect at the Customer’s next renewal. The Customer may cancel before that renewal if it does not accept the new price.
5.6 Consumption-based features (for example artificial-intelligence credits and message sending) are metered and shown in the workspace before use. Amounts consumed are payable whether or not the result was useful to the Customer.
5.7 Amounts overdue by more than 14 days may attract interest at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975, and we may suspend the workspace in accordance with clause 11.
6. Acceptable use
6.1 The Customer must not, and must not permit anyone to:
- use the service to store or send unlawful, defamatory, discriminatory or harassing material;
- send unsolicited bulk messages, or contact candidates in breach of POPIA, the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or any direct-marketing rule that applies to it;
- upload personal information it has no lawful basis to process, or candidate records obtained by scraping a third-party site in breach of that site’s terms;
- upload malware, probe or penetration-test the service without our prior written consent, circumvent rate limits, authentication or tenant isolation, or attempt to reach another customer’s workspace;
- resell, rent, timeshare, or provide the service as a bureau or managed service to a third party, unless we agree in writing;
- use automated means to extract data from the service other than through the interfaces we provide for that purpose.
6.2 Recruitment decisions remain the Customer’s. Scores, rankings, summaries and suggestions produced by the service — including anything produced by an artificial-intelligence feature — are aids and may be wrong. The Customer must not use them as the sole basis for a decision that materially affects a person, and remains responsible for compliance with the Employment Equity Act 55 of 1998 and the Labour Relations Act 66 of 1995.
6.3 Equity and demographic information collected through the service is voluntary for the candidate, is collected for statutory reporting, and must not be used to exclude a candidate from consideration.
7. Intellectual property and restrictions
7.1 Ours. The service — including its software, source and object code, database schema, data model, security rules, scoring and matching logic, prompts, workflows, screen designs, layout, wording, icons, style and the Recruit 360 name and marks — is and remains our property or that of our licensors. No right in it passes to the Customer other than the limited right to use it granted in clause 3.1.
7.2 Yours. Customer data remains the Customer’s. We claim no ownership of it. We process it only to provide, secure, support and improve the service for that Customer, as set out in the data processing addendum. We do not sell it, we do not pool it with other customers’ data to build a shared candidate pool, and we do not train third-party models on it.
7.3 Restrictions. The Customer must not, and must not permit any person to:
- reproduce or publish the service or any part of it — including screenshots, screen recordings, exported screens, wireframes, copied wording, copied layouts and copied workflows — other than internally among its own authorised users;
- use it competitively — that is, access or evaluate the service for the purpose of building, specifying, commissioning, marketing or improving a product or feature that competes with it, whether directly or through a third party;
- benchmark or publish evaluations of the service, its performance, its pricing or its features, without our prior written consent;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, schema, algorithms, prompts or logic of the service, except and only to the extent that this restriction cannot lawfully be excluded, and then only after giving us written notice and a reasonable opportunity to supply the information sought;
- copy, adapt, translate or create derivative works of the service, or remove or obscure any proprietary notice it displays;
- give access to the service to a competitor of ours, or to a person acting for one.
7.4 Feedback. If the Customer sends us suggestions or feedback, we may use them without restriction or payment. This does not give us any right in Customer data.
7.6 A breach of this clause causes harm that damages alone cannot adequately remedy, and we may seek interdictory relief in addition to any other remedy.
8. Confidentiality
8.1 Each party may receive information of the other that is marked confidential or that a reasonable person would treat as confidential. Ours includes the non-public parts of the service described in clause 7.1 and our pricing; the Customer’s includes Customer data and its commercial terms.
8.2 The receiving party must keep it confidential, use it only for this agreement, and disclose it only to personnel and advisers who need it and who are bound to equivalent obligations.
8.3 These obligations do not apply to information that is public through no breach, was already lawfully held, or is independently developed without reference to the disclosing party’s information; and they do not prevent a disclosure required by law, provided the disclosing party is told first where it is lawful to do so.
8.4 Clause 8 survives termination for five years, and indefinitely for anything that is a trade secret.
9. Personal information
9.1 In relation to candidate and client personal information in the workspace, the Customer is the responsible party and we are the operator, processing only on the Customer’s documented instructions. The data processing addendum sets out the detail required by sections 20 and 21 of POPIA.
9.2 In relation to the Customer’s own authorised users, their account details and our billing records, we are the responsible party. Our privacy policy describes that processing.
9.3 The Customer warrants that it has a lawful basis for every record it puts into the workspace, that it has given the notices required by section 18 of POPIA, and that it will honour data subject requests. The service provides consent recording, retention rules, export and erasure so that it can.
10. Availability and support
10.1 We aim to keep the service available and to give it reasonable skill and care, but we do not promise uninterrupted or error-free operation and we give no service-level guarantee unless one is agreed separately in writing.
10.2 We may take the service down for maintenance. We will give notice of planned maintenance where we reasonably can, and will schedule it outside South African business hours where practical.
10.3 Support is provided by email at support@recruit360.co.za and through the in-app support desk, during South African business hours.
11. Suspension
11.1 We may suspend a workspace, in whole or in part, where fees are overdue, where clause 6 or clause 7 has been breached, where continued use presents a security risk to the service or to another customer, or where the law requires it.
11.2 Except where the risk requires immediate action, we will give notice and a reasonable opportunity to remedy first. A suspension is read-only wherever that is sufficient, so the Customer keeps sight of its data and can export it.
12. Retention, export and deletion
12.1 Throughout the subscription, and throughout any read-only or grace period after it, the Customer may export its candidates, clients and vacancies in a machine-readable format from within the service.
12.2 After a subscription ends or a trial lapses, the workspace stays available read-only for 30 days. We will tell the Customer, at least twice during that period and in writing, of the date on which the workspace will be deleted.
12.3 After that period we delete the workspace and its Customer data, including files in storage, retaining only a record of the organisation’s name, its billing contact, the dates of the subscription and the fact of deletion. That record contains no candidate personal information. Backups are overwritten on their ordinary cycle, which does not exceed 35 days.
12.4 The Customer may ask for earlier deletion at any time. We may retain what a law, a tax rule or a legal claim obliges us to retain, and only for as long as that obligation lasts.
13. Warranties and disclaimers
13.1 Each party warrants that it has the power to enter into this agreement and will comply with the laws that apply to it.
13.2 Beyond what is expressly stated here, and to the fullest extent the law allows, the service is provided as it stands. We do not warrant that it will meet the Customer’s requirements, that any candidate will be found or placed, that any advertisement will be published by a job board, or that any output of an artificial-intelligence feature will be accurate.
13.3 Nothing in this agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence, or any right the Customer has under the Consumer Protection Act 68 of 2008 where that Act applies to it.
14. Limitation of liability
14.1 Subject to clause 13.3, neither party is liable for indirect or consequential loss, loss of profit, loss of business, loss of anticipated savings, or loss of goodwill, however arising.
14.2 Subject to clause 13.3, our total liability arising out of or in connection with this agreement in any twelve-month period is limited to the fees paid by the Customer to us in the twelve months preceding the event giving rise to the claim, or R10 000 where no fees have been paid.
14.3 Clause 14.2 does not limit the Customer’s liability to pay fees due, or either party’s liability for a breach of clause 7 or clause 8.
14.4 The Customer is responsible for keeping its own copies of anything it cannot afford to lose. The export in clause 12.1 exists for that purpose.
15. Indemnity
15.1 The Customer indemnifies us against claims by a third party, including a candidate or a regulator, arising from Customer data or from the Customer’s use of the service in breach of clause 6 or clause 9.3.
15.2 We indemnify the Customer against a claim that the service, used as permitted, infringes a South African intellectual property right, and we may at our option modify the service, procure the right to continue, or terminate and refund the unused portion of prepaid fees.
16. Term and termination
16.1 This agreement runs from acceptance until the subscription ends or the workspace is deleted.
16.2 Either party may terminate on written notice if the other commits a material breach that is not remedied within 14 days of being asked to remedy it, or becomes insolvent, is liquidated or is placed under business rescue.
16.3 We may terminate immediately on a breach of clause 7.3, because the harm it causes cannot be remedied by later compliance.
16.4 On termination the rights granted in clause 3.1 end, clause 12 governs the Customer’s data, and clauses 7, 8, 12, 13, 14, 15, 19 and 20 survive.
17. Changes to these terms
17.1 We may publish a new version of these terms. Where the change is material, we will give at least 20 business days’ notice to the workspace owner and will ask each authorised user to accept the new version on their next sign-in.
17.2 A Customer that does not accept a materially changed version may terminate before it takes effect and receive a pro-rata refund of the unused portion of prepaid fees.
17.3 Every version, and every acceptance of it, is retained so that it is always possible to establish what a given user agreed to and when.
18. General
18.1 The Customer may not cede or assign this agreement without our written consent, which will not unreasonably be withheld. We may cede it as part of a transfer of our business, on notice.
18.2 Neither party is liable for a failure caused by an event beyond its reasonable control, provided it tells the other and mitigates.
18.3 Notices to us go to support@recruit360.co.za and to [registered address, South Africa]. Notices to the Customer go to the workspace owner’s email address. Email notice is effective on delivery.
18.4 We may name the Customer as a customer, and use its logo, only with its prior written consent.
18.5 Nothing here creates a partnership, joint venture, employment or agency between the parties.
18.6 If a provision is found unenforceable, it is severed and the rest stands. A failure to enforce a right is not a waiver of it.
18.7 These terms, the privacy policy and the data processing addendum are the whole agreement between the parties on their subject matter and replace anything said before.
19. Governing law and disputes
19.1 This agreement is governed by the law of the Republic of South Africa.
19.2 The parties will first try in good faith to resolve a dispute by discussion between senior representatives within 15 business days.
19.3 Failing that, the parties consent to the jurisdiction of the High Court of South Africa, [division to be completed]. Either party may still apply to any competent court for urgent interdictory relief, in particular under clause 7.6.