Recruitful Terms of Service
Parties
This Terms of Service Agreement (the “Agreement”) governs the access to and use of the Recruitful platform and
services.
Recruitful Limited
NZBN: 9429053216137
(the “Platform Provider” or “Recruitful”)
and
Any individual or organisation creating an account or using the Recruitful platform
(the “User”).
For the purposes of this Agreement, a User may be an Employer or a Recruiter.
Employer means a user who posts roles on the platform.
Recruiter means a user who sources and submits candidates for roles on the platform.
By creating an account or using the Recruitful platform, the User agrees to be bound by the terms of this Agreement.
1 Background
1.1 Recruitful operates an online marketplace platform that enables Employers to post open roles and specify a success-based recruitment fee, and enables Recruiters to view those roles, submit bids to work on those roles, and introduce candidates to Employers.
1.2 The User wishes to access and use the platform and services provided by Recruitful.
1.3 Recruitful agrees to provide access to the platform on the terms and conditions set out in this Agreement.
2 Platform Services
2.1 Recruitful provides an online marketplace platform that enables Employers to post open roles and specify a success-based recruitment fee.
2.2 The platform enables Recruiters to view roles and submit bids to work on those roles and to introduce candidates to Employers.
2.3 Recruitful provides technology that facilitates introductions between Employers and Recruiters but does not manage or control the recruitment process.
2.4 Recruitful does not:
• act as a recruitment agency
• act as an employer of any candidate
• act as an agent of any Employer or Recruiter
• manage the recruitment process or make hiring decisions.
2.5 Any employment contract, recruitment arrangement, or payment of recruitment fees arising from use of the platform is strictly between the Employer and the Recruiter.
3 User Accounts
3.1 A User must be at least 18 years of age and must have the legal authority to enter into this Agreement.
3.2 By creating an account, the User confirms that:
• all information provided is accurate and not misleading
• they are authorised to act on behalf of the organisation they represent
• they will comply with all applicable laws when using the platform.
3.3 The User is responsible for maintaining the confidentiality of their login credentials.3.4 The User is responsible for all activities undertaken through their account.
3.5 Recruitful may suspend or terminate an account where it reasonably believes there has been misuse, fraud, or breach of this Agreement.
4 Use of the Platform
4.1 The User agrees to use the platform only for lawful recruitment purposes.
4.2 The User must not:
• post false or misleading job roles
• submit inaccurate or misleading candidate information
• use the platform for spam or unsolicited communications
• harvest or scrape data from the platform
• circumvent the platform to avoid fees
• use the platform for unlawful discrimination or unlawful activity.
4.3 Recruitful may monitor platform usage to maintain the integrity and security of the Services.
4.4 Recruitful may remove content or suspend access where it reasonably believes the platform has been misused.
5 Roles and Candidate Submissions
5.1 Employers are responsible for ensuring that any role posted on the platform is genuine and accurately described.
5.2 Employers are responsible for complying with all applicable employment and discrimination laws when hiring candidates.
5.3 Recruiters are responsible for ensuring that candidate information is accurate and has been provided with the candidate’s authority or consent.
5.4 Recruiters must comply with all applicable privacy and employment laws when sharing candidate information.
5.5 Recruitful does not verify or guarantee the accuracy of information submitted by Users.
6 Bids and Engagement of Recruiters
6.1 Employers may post roles and specify a success-based recruitment fee (the “Success Fee”).
6.2 Recruiters may submit bids to work on roles posted by Employers.
6.3 When a Recruiter submits a bid, the Recruiter confirms that they are authorised to represent any candidates submitted for that role.
6.4 When an Employer accepts a Recruiter’s bid, both parties agree that any successful placement will be subject to:
• the Success Fee stated for the role; and
• the terms of this Agreement.
6.5 Employers may invite multiple Recruiters to bid on the same role. However, only one Recruiter may be engaged on a role at any given time. An Employer must close or withdraw an existing accepted bid before accepting a further bid for that role.
6.6 Only one Success Fee will be payable for any successful placement. That fee will be payable directly between the Employer and the Recruiter responsible for the successful introduction of the candidate. Recruitful is not responsible for the payment, collection, or enforcement of any Success Fee.
6.7 Recruitful platform records, including timestamps, submissions and communications, may be relied upon as evidence of activity on the platform.
7 Fees and Payment
7.1 Recruitful may charge platform fees, commissions, subscriptions or other charges for the use of the Services.
7.2 Applicable fees will be outlined on the Recruitful website or in a separate written commercial agreement.
7.3 Recruitful will issue invoices for any applicable fees.
7.4 All invoices are payable within fourteen (14) days of the invoice date unless otherwise stated.
7.5 If any invoice remains unpaid after the due date:
• interest may be charged on the overdue amount at a rate of 2.5% per month calculated daily the User will be responsible for all reasonable costs incurred by Recruitful in recovering the debt, including legal and collection costs.
7.6 Recruitful may suspend or restrict access to the platform where invoices remain unpaid.
7.7 All amounts stated are exclusive of GST unless otherwise stated. GST will be added where required by New Zealand law.
7.8 Recruitful may amend its pricing from time to time by providing reasonable notice to Users.
8 Privacy and Data
8.1 Recruitful collects and manages personal information in accordance with its Privacy Policy and the Privacy Act 2020.
8.2 Users must comply with all applicable privacy laws when sharing candidate information through the platform.
8.3 Users must ensure they have obtained any necessary consent from candidates before sharing their personal information.
8.4 Recruitful may use aggregated or anonymised platform data for analytics, reporting and service improvements.
9 Intellectual Property
9.1 Recruitful retains ownership of all intellectual property in the platform including software, systems, designs, branding and underlying technology.
9.2 Users are granted a limited, non-exclusive licence to access and use the platform for recruitment purposes.
9.3 Users retain ownership of any content they upload to the platform.
9.4 By uploading content, the User grants Recruitful a licence to use, store and display that content as necessary to operate the platform.
9.5 Users must not reverse engineer, copy or reproduce the platform or attempt to develop a competing service using Recruitful intellectual property.
10 Confidentiality
10.1 Confidential Information includes any information relating to a User’s business, recruitment activities, candidate information or commercial arrangements that is not publicly available.
10.2 Each Party agrees not to disclose Confidential Information obtained through the platform except:
• where authorised by the other Party
• where required by law.
10.3 The obligations of confidentiality survive termination of this Agreement.
11 Warranties and Disclaimers
11.1 The platform is provided on an “as is” and “as available” basis.
11.2 Recruitful does not guarantee:
• that any role will be filled
• that any candidate will be suitable
• that the platform will be uninterrupted or error free.
11.3 Users acknowledge that Recruitful does not verify information provided by other Users.11.4 Nothing in this Agreement limits any rights that cannot legally be excluded under New Zealand law.
12 Liability
12.1 To the maximum extent permitted by law, Recruitful will not be liable for any indirect, consequential or special loss including loss of profit, revenue, opportunity or goodwill.
12.2 Recruitful provides a technology platform that enables Employers and Recruiters to connect. Recruitful is not a party to any recruitment engagement, employment relationship, or fee arrangement between Users and accepts no liability in relation to any such arrangements.
12.3 Users acknowledge and agree that Recruitful is not responsible for:
• the actions or conduct of any Employer, Recruiter or candidate
• the accuracy of any information provided by Users
• any employment or contractual relationship entered into between Users.
12.4 Nothing in this Agreement is intended to exclude or limit any rights that cannot lawfully be excluded or limited under New Zealand law.
13 Indemnity
13.1 The User agrees to indemnify and hold harmless Recruitful and its directors, officers, employees and contractors from any claims, losses, damages or expenses arising from:
• breach of this Agreement
• misuse of the platform
• claims relating to recruitment activities conducted by the User.
14 Term and Termination
14.1 This Agreement commences when the User first accesses the platform.
14.2 The User may cease using the platform at any time.
14.3 Recruitful may suspend or terminate access where the User:
• breaches this Agreement
• fails to pay fees owing
• creates legal or financial risk for the platform or other users.
14.4 Termination does not affect any accrued rights or obligations.
15 Dispute Resolution
15.1 In the event of a dispute arising from this Agreement, the Parties agree to first attempt to resolve the dispute through good faith negotiations.
15.2 If the dispute cannot be resolved within a reasonable time, the matter may be referred to arbitration in accordance with the Arbitration Act 1996.
16 Governing Law
This Agreement will be governed by and construed in accordance with the laws of New Zealand.
17 Entire Agreement
This Agreement constitutes the entire agreement between Recruitful and the User and supersedes all prior understandings or agreements relating to the platform.