General Terms and Conditions of Use – For Applicants & Visitors
2. Purpose of the Agreement and Scope of the Services
CleaningNZ offers vacancies via the Website. We strive to provide our products and Services so that they are available 7 days a week, 24 hours a day.
You can use certain Services without registration. However, registering a Job Alert or a CleaningNZ Account offers you additional functionalities and Services.
2.1. Services available without registration
Without registering a Job Alert or a CleaningNZ Account you can use all Services available on our website without registration. You can then mainly browse through vacancies that have been published on our website.
2.2. CleaningNZ Account
Certain Services are only available as part of a CleaningNZ Account. If you enter into an agreement for a CleaningNZ Account, you can use additional Services as described
below. You can register for a CleaningNZ Account as described in paragraph 3.
2.2.1. Job Alert
You can subscribe to a Job Alert via the Website. This means that you will then receive regular emails about vacancies that match a profile or search query that has been predefined by you and/or that matches your search behaviour on the Website.
You can apply for vacancies on our website. If the employer uses the CleaningNZ application form, the application will be saved on our website and made available to the employer. To clarify, if an employer uses its own application form, you will be redirected to its form or its external website without creating
a CleaningNZ account.
You can create a CV in your CleaningNZ account, it will contain various CV-related information and attachments provided by you. CVs or profiles are not publicly available, but can be consulted by employers who can also contact you in this way.
We use the information you provided as part of your resume to make job recommendations based on your resume data that meet your needs. We may also use your profile information to pre-fill forms on our Website for any other service we provide to you.
By creating a profile, you grant permission to CleaningNZ and to CleaningNZ clients who have purchased access to the CleaningNZ database or who have otherwise obtained the right to use the CleaningNZ CV database, or other services that recruiters may have access to , or provided with user resumes for the purpose of filling vacancies. They can then add a comment to your CV. We may also analyze your CV with the aim of actively presenting it, in whole or in part, to Employers or recruiters.
We may also use information stored in your CleaningNZ CV or profile to improve your search experience and recommend more relevant vacancies to you on our Website or via a Job Alert. In this context, we will include data that cannot be used to directly identify you, together with a pseudonymous user ID, in
a statistical database.
We do not guarantee or provide storage capacity for your CleaningNZ CV. We reserve the right to temporarily or permanently limit the data volume for uploading data, in particular if this is necessary for technical reasons, for example to maintain or optimize the Service or Website.
2.2.4. Application for anonymous vacancies
2.2.5. Application history
Within your CleaningNZ account, we store your applications for vacancies published on the Website in a history that is accessible through your CleaningNZ account. If Vacancies are deleted, it is possible that this history also disappears.
2.2.6. Vacancy related mailings
We may also send you job postings related to CleaningNZ Services that are similar to the CleaningNZ Services you already use if you have not objected to such emails. You can object to all newsletters from CleaningNZ at any time free of charge. Objecting to our e-mails may mean that your account will be completely and permanently deleted if we cannot specifically stop these e-mails. If you no longer wish to receive our e-mail messages, click on the unsubscribe link or contact us at https://www.CleaningNZ/contact/
3. Registration for a CleaningNZ Account
3.1. When you create a CleaningNZ Account, you must provide us with a valid email address and password, which we will save. Temporary email addresses are not allowed.
3.2. After we have received your request to create a CleaningNZ Account, we can confirm the receipt of this request with a message to the e-mail address you provided. The agreement between you and us for your CleaningNZ Account is concluded as soon as you have created your account or when we activate your CleaningNZ Account. The completion of registration by you only constitutes an offer to enter into a contract. CleaningNZ reserves the right to accept or refuse the conclusion of the agreement at its sole
discretion. There is no right to claim the conclusion of a contract.
3.3. You must fill in the requested information and data completely and truthfully. You are responsible for keeping your contact details (especially your e-mail address) up to date and to ensure that you can be contacted under the address provided and that the e-mail address is not transferred to another person. If any of the information provided changes, you must immediately adjust and correct the information. In the event of incomplete or incorrect information provided by you, CleaningNZ has the right to temporarily or permanently block and/or terminate your account and access to our Website in accordance with the clause contained herein (see 10.).
3.4. Each user may only create one account. The account is not transferable.
4. Right of withdrawal
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The revocation of this means that your Account, including all data processed therein, may be completely and permanently deleted. The withdrawal period expires 14 days after the day of conclusion of this contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this agreement by means of an unambiguous statement (via the contact form or by e-mail). To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
5. Obligations and Responsibilities of the User
5.1. Users are solely responsible for the hardware and internet connection required to use our Services.
5.2. Make sure that the Services under a CleaningNZ Account can only be used by you. You must keep access data and passwords strictly confidential. You are responsible for the use of access data and passwords and all actions that take place in connection with the use of your CleaningNZ Account. If an unauthorized third party has actually or hypothetically had access to your login details (e-mail address in combination with the password), you must immediately notify CleaningNZ and change the relevant
password as soon as possible.
5.3. You must not act illegally in the context of using our Services and/or violate any applicable law, in particular:
- You are not allowed to provide us with content that
- a) is harassing, offensive, harmful to youth or otherwise illegal;
b) violates the rights of third parties, in particular copyright laws, personality rights or other property laws;
c) is confidential, eg contains business secrets;
• you may not impersonate any other person, for example as a government official, a representative of us, or pretend to be associated with such persons, otherwise manipulate false usernames or distinguishing marks and/or disguise the origin of any content, which is sent in connection with the Service;
• you must not store, publish and/or transmit advertisements, junk or mass e-mails, chain letters, snowball systems or other commercial communications;
• you may not use scraping or similar techniques, to collect content for any purpose, to republish it, or to use it in any way other than that for which the Services are intended;
• you may not use techniques or automated other Services that aim to incorrectly display or display user activities, for example by using bots, bot-nets, scripts, apps, plugins, extensions or other automated tools to register, play content, send messages, comment or take any other action;
• harass, threaten, insult, defame, humiliate or discriminate against any natural person or company on the basis of gender, race, religion or belief, or disclose or disseminate false facts about any natural or legal person;
• you may not collect, store or transmit any personal data of another user, unless the person concerned has consented;
5.4. All information in your resume and any other information or content you submit to us (“Content”) must be true and correct. This means that you are not allowed to create a CV for third parties or for non-existent persons without their permission, and that any profile picture you send must show your person.
5.5. Content you provide to us must not contain viruses, worms or any other harmful code. Personal data that you send or provide to CleaningNZ may not contain any of the following and you warrant that this is not the case:
• racial or ethnic origin
• political views
• religious or philosophical beliefs
• union membership
• genetic data
• biometric data for the purpose of uniquely identifying a natural person
• health data
• data about the sex life or sexual orientation of a natural person
5.6. If you transmit personal information to other users or employers, you do so at your own risk. CleaningNZ cannot control the actual use of your personal data by the recipients. Therefore, check the identity of the recipients of your data before sending it. For example, you should not send your personal information to a private email address. We also advise against sending certain sensitive data to employers, even if they request it. Such sensitive data is, for example, the passport number, social
security number or bank details.
6. License in and to your User Content
8. No warranty; Backup Copies
8.1. We make no warranty as to the currency, accuracy, completeness, usefulness, fitness for a particular purpose of any content on our Website. We also do not guarantee the conclusion of an employment contract between Users of our Website as job applicants and an employer.
8.2. CleaningNZ does not guarantee that the Services offered by us will be available at certain times or permanently. Disruptions, interruptions or possible downtimes of the (online) Service cannot be excluded. Due to technical or operational reasons, a temporary limitation of availability is possible. This is possible in particular with regard to capacity limitations, the security or integrity of the data processing systems or the implementation of technical measures necessary for regular or improved performance.
8.3. CleaningNZ’s servers are regularly and carefully backed up. However, data loss is not excluded. Insofar as you send or upload data – regardless of the form – we recommend that you make a backup yourself. This also applies if you terminate your contract with us, because we no longer keep a copy of your data after deletion, subject to statutory storage obligations.
9.1. We are liable under the law for damages (a) resulting from an injury to life, limb or health based on a breach of duty by CleaningNZ, a legal representative or an agent of CleaningNZ, (b) resulting of the lack of a condition guaranteed by CleaningNZ, (c) caused by intent or gross negligence, including by our legal representatives and vicarious agents, as well as (d) caused by malicious behaviour on the part of CleaningNZ.
9.2. In the event of material damage or pecuniary damage caused by slightly negligent conduct on the part of CleaningNZ, a legal representative or a vicarious agent of CleaningNZ, CleaningNZ will only be liable in the event of a material breach of a core contractual obligation, but only for the amount of the damage typical and foreseeable at the time of the conclusion of the contract. Core contractual duties are such duties, the performance of which enables proper compliance with an agreement and on which the contracting parties may regularly rely.
9.3. Any liability under the Product Liability Act remains unaffected.
9.4. To the maximum extent permitted by applicable law, further liability of CleaningNZ is excluded.
9.5. To the extent that CleaningNZ’s liability is excluded or limited, this also applies to the personal liability of CleaningNZ’s legal representatives, officers and vicarious agents.
10.1. The agreement with you for the CleaningNZ Account and the Services provided is entered into for an indefinite period of time. Either party may terminate this agreement in writing with immediate effect.
10.2. When the CleaningNZ Account Agreement is terminated, we will delete all your personal data that we have stored or store your data in a non-personal form, unless the processing is lawful and necessary for another purpose.
11. Intellectual Property Rights for and on our Website
11.1. Our Website and all associated software, databases, graphics, user interfaces, designs and additional content, names and trademarks are protected by copyright, trademark and additional proprietary rights. Between you and CleaningNZ, CleaningNZ is considered the sole holder of all such intellectual property rights.
12. Confidentiality and Data Protection
13.1. Change of Services Requiring Registration We always reserve the right to change the Services for which registration is required (CleaningNZ Account).
14. Applicable Law; Place of Establishment and other Regulations
14.1. This Agreement and its interpretation are governed by New Zealand law.
General Terms and Conditions of Sale – For Employers
1. Scope of application
1.1 CleaningNZ and the undersigned partner company (hereinafter referred to as “Client”) agree on the execution of this agreement in accordance with these Terms and Conditions of Sale and the agreed rate. These General Terms and Conditions of Sale as well as the agreed rate are essential elements for the complete agreement between CleaningNZ and the Client. Special terms and conditions of sale of the Client will therefore not apply if there is no explicit written agreement on this from CleaningNZ.
1.2 All relationships between the Client and CleaningNZ are subject to CleaningNZ’s General Terms and Conditions of Sale as agreed in the last agreement entered into between the Client and CleaningNZ. These General Terms and Conditions of Sale only apply to Business Customers. They therefore do not apply to end consumers.
2. Conclusion of the agreement
2.1 An agreement between the Client and CleaningNZ will only be effective upon receipt of the formal agreement from the Client on the contract proposal document provided by CleaningNZ. The Client’s agreement will only be obtained upon receipt of the contract proposal document signed by the Client and stating the date of the agreement. All attachments to the agreement, all statements and individual instructions about the agreement, all changes made to the agreement must be in writing. CleaningNZ considers an email to be a valid written document. Declaring the agreement by e-mail without a signature is also regarded as an agreement.
3. Description of the services
3.1 This agreement imposes on CleaningNZ the publication of the products and the execution of the services as agreed between the Client and CleaningNZ in this agreement and published on the website of CleaningNZ: CleaningNZ – (“Elements of service”) in compliance with these General salesagreements. Our Additional Terms and Conditions of Sale also describe the services provided. This description also applies.
3.2. By accepting the proposed agreement, the Client authorizes CleaningNZ to use the data it has provided to conduct various surveys and statistical analyses. Nevertheless, any publication of the results of these surveys and analyzes is anonymous.
3.3 No non-competition clause, in whatever form, can be accepted.
4.1 All payment information for the services rendered by CleaningNZ to the Client is included in the rate provided to the Client. The applicable rate for the services is the one in effect on the date of the offer and delivered to the client by CleaningNZ. Services other than those included in CleaningNZ’s rate are subject to individual agreements between CleaningNZ and the Client.
5. Payment Terms
5.1 The compensation as described in article 4 of these General Terms and Conditions of Sale includes all additional costs incurred by CleaningNZ for providing its services to the Client. These additional costs include sending e-mails, photocopying and postal costs, data transmission and telephone calls generally made by CleaningNZ in providing its services. On the other hand, not included in these additional costs are all costs incurred by CleaningNZ for tasks related to modification, correction and verification of data if these interventions result from errors occurring in the data transmitted to CleaningNZ by the Client. If the amount of the additional costs for the Client is higher than the average costs incurred for individual orders, CleaningNZ will inform the Client. Provided that the Client has agreed to this, he will have to pay CleaningNZ these additional costs incurred.
5.2 With regard to the essential elements of the service provided by CleaningNZ to the Client, CleaningNZ allows the correction of the elements published when they contain an error. If this error is not due to negligence on the part of the Customer, the first correction of the error is free of charge. CleaningNZ, on the other hand, may charge the Client for any subsequent correction with reference to the rate applicable on the date on which the request for a correction will be submitted. If CleaningNZ makes an error during a correction, the additional correction caused will be free of charge.
5.3 CleaningNZ sends the Client the invoice, either on the date of the first implementation of an essential element of the service provided to the Client, or 10 days after the acceptance of the agreement by the Client if no essential element of the service provided by CleaningNZ is granted to the Client, was granted on the Client’s behalf. The term for payment of these invoices is 10 days from the date of receipt of the invoice by the Customer.
In the event of non-payment or late payment, CleaningNZ will invoice the Client an interest equal to the basic interest rate of the TSB Bank, increased by 10%, on top of the collection costs with a minimum of $150. In the absence of payment, CleaningNZ will be able to interrupt the execution of the agreement in whole or in part until the date on which the Client has paid his invoice in full. In the event that the Customer invokes a right of retention, this clause no longer applies. If CleaningNZ has agreed with the Client to pay the invoice in instalments and the Client has not settled this within a period of 30 days after the due date, the full balance of the invoice will be immediately due from the Client.
5.4 All CleaningNZ prices are exclusive of VAT which is payable on the date of the invoice.
5.5 Payments must be made electronically via a ‘payment provider’. You can choose from various payment methods such as credit card. Each Customer has the option in his Account to make payment electronically. Only in exceptional cases and with the express consent of CleaningNZ can the Client pay by bank transfer.
6. Cooperation Base
6.1 CleaningNZ’s general philosophy is to continuously improve the quality and quantity of responses to job offers posted “online” by the Client. For example, CleaningNZ undertakes to continuously work on the quality and precision of the tools it makes available to the Client in order to assist him in his search for the optimal candidate to fill a position. In particular, this philosophy can include the introduction of all types of partnerships with media companies, both offline and online. By accepting these General Terms and Conditions of Sale, the Client authorizes CleaningNZ to publish, without prior notice to the Client, all or part of the essential elements of the service provided by CleaningNZ. This on both online and offline media, print media or audio-visual media. CleaningNZ undertakes to be particularly unforgiving with regard to the quality and image produced by all its media partners.
6.2 The entirety of the rights granted to the Customer by this agreement can in no way be transferred to third parties. A transfer of agreement is only possible with the express permission of CleaningNZ.
6.3 From the moment the Client has given his agreement to this agreement, he also authorizes CleaningNZ to send him, by post or electronic mail, all types of surveys, reports, reports and commercial communications that contribute to CleaningNZ’s permanent effort to improve its quality standards.
6.4 CleaningNZ reserves the right to refuse the execution of an order placed by the Client or to unilaterally delete any published essential element of the service provided to the Client if this would violate the law or any official regulations or if this order whether this essential element could harm the rights of third parties or the morals. (“Unlawful Content”). The same rule applies if an essential element of the service provided to the Customer contains one or more links that lead directly or indirectly to pages with illegal content. This without changing the obligation for the Customer to pay for the relevant service. CleaningNZ is only obliged to delete the illegal content if this is an infringement of the law or at the explicit request of the Client.
6.5 CleaningNZ declines any liability with regard to all the data received from the Client and the candidates, the text of the job offers or the media necessary for the corresponding storage. In particular, CleaningNZ is not obliged to keep these elements or to return them to the Client.
6.6 CleaningNZ may delegate agents.
6.7 The Customer is solely responsible for everything related to the proper configuration and proper functioning of its technological infrastructure, especially the IT infrastructure. He will use the most effective tools and methods of the market to ensure that his infrastructure cannot be the source or target of all kinds of anomalies or malfunctions of the internet service offered by CleaningNZ, nor in any way the proper functioning of the interconnected just disrupt.
6.8 The Client must guarantee to CleaningNZ that the content that he publishes on the Internet or that he provides to CleaningNZ for the purpose of publication does not contain any element that could be the subject of rights belonging to third parties. By applying these General Terms and Conditions of Sale, the Client undertakes to indemnify and cover CleaningNZ at its first request for any damage incurred by CleaningNZ as a result of the Client’s breach of this rule.
7. Intellectual Property Rights
7.1 The agreements entered into between the Client and CleaningNZ do not transfer any right to (intellectual) property, no license and no right of use of CleaningNZ to the Client. All rights of CleaningNZ (which include, in particular, without this list being exhaustive, the rights relating to the logo, copyrights, special data and title rights, trademark rights, database rights as well as all commercial rights) remain the property of CleaningNZ without any limitation.
7.2 The entire content and all types of documents published through CleaningNZ are subject to CleaningNZ’s intellectual property rights (trademark rights, copyrights, database rights and special data rights). However, the individualized elements of the content created by the Client are not subject to these intellectual property rights of CleaningNZ if they are already subject to the Client’s intellectual property rights and if CleaningNZ has not intervened for any modification or review of these elements.
7.3 At the same time as the Client accepts the agreement proposed to him by CleaningNZ for the provision of online publication space for his job offers, the Client acknowledges at the same time that CleaningNZ is the producer of the database created by these job offers and that CleaningNZ holds all rights of the databases of the Client’s job offers published by CleaningNZ.
7.4 The Client is solely responsible for ensuring that the content he submits to CleaningNZ for publication in its database of job offers complies with all press laws, competition law rules and any other form of regulation. that apply in this regard.
7.5 By accepting these General Terms and Conditions of Sale, the Client grants CleaningNZ a license to use, communicate to third parties and reproduce the content, data, brand and name of the Client’s brand, logo and other signs with with a view to the delivery of the essential elements of the service provided by CleaningNZ for the Client under the agreement. When placing the order, the Client guarantees on the same occasion that he has acquired, by whatever means, all necessary rights of use, copyrights and required accompanying copyrights to enable CleaningNZ to use all these essential elements of the service provided by CleaningNZ to the Client applying.
8.1 CleaningNZ undertakes to use all its resources and its maximum capacities to materialize the essential elements of the service provided by CleaningNZ to the Client as presented in the specific documentation.
8.2 The Client undertakes to transmit to CleaningNZ all documents and any essential element of content necessary for the achievement of the specific objectives of this agreement. Specifically, this includes the delivery of the texts of the job offers to be published as well as all elements relating to the layout of these job offers in digital format. This also includes the Client’s obligation to notify CleaningNZ without delay if one of the essential elements of the service provided by CleaningNZ to the Client is out of date. In addition, the Customer must comply with the obligation to cooperate as described in the Additional Terms of Sale in that regard or, where appropriate, in the descriptions of the essential elements of the service provided by CleaningNZ for the Client. If CleaningNZ determines that the Client does not fulfil this obligation when required, CleaningNZ’s implementation period will be extended accordingly. This measure will not apply if CleaningNZ is responsible for the execution delay.
9.1 Subject to the conditions laid down in Articles 9.2, 9.3, 9.4 and 9.5 of these General Terms and Conditions of Sale, CleaningNZ’s entire responsibility is limited to the limits established by applicable law and to direct losses (excluding all indirect, special, additional or punitive damages, damages for loss of income or revenue, for loss of commercial information, for interruption of operation or for violation of privacy) in the amount of the following amounts:
9.1.a If damage is caused as a result of a delay in the performance of services by CleaningNZ: 0.5% of the price of the essential element of the service provided by CleaningNZ for the Client concerned per “full” week (7 days) of delay in the performance of the service, with a maximum ceiling set at 5% of the contract price for the essential element of the CleaningNZ service concerned
9.1.b If damage is caused due to a completely different cause, this amount is limited to a maximum of 5% of the contract price.
9.2 CleaningNZ declines any responsibility with regard to the following elements:
9.2.a the accuracy and consistency with the reality of the data published by CleaningNZ at the request of the Client. CleaningNZ cannot be held responsible for the information and statements contained in this data.
9.2.b The executions by third parties with which the Customer has entered into an agreement for the execution of the obligations included in these General Terms and Conditions of Sale.
9.2.c The cases of force majeure. These are described in article 10.1 of these General Terms and Conditions of Sale.
9.2.d Number, quality and minimum accuracy of the profiles of the candidates corresponding to the job offers posted online by the Client.
9.2.e Any investment made by the Client, in any way whatsoever, is made in connection with this agreement and is based on any forecast of a minimum number of applications received following the publication of job offers through CleaningNZ.
9.3 In the event that the contractually guaranteed use of one of the essential elements of the service provided by CleaningNZ to the Client is limited by rights belonging to third parties, CleaningNZ may, at its expense, either obtain the necessary agreements to Use CleaningNZ in accordance with the rights of third parties, or change the essential element of the CleaningNZ service to avoid this limitation. All measures taken by CleaningNZ for this purpose must in no way result in unreasonable disruption of the functionality for the Client of this essential element of CleaningNZ’s service. In the event that the Customer, in any way,
9.4 The maximum term for submission by the Client of a claim for compensation to CleaningNZ is one year from the date on which the Client became or should have become aware of the relevant shortcoming.
9.5 All exemptions and limitations of liability in respect of damages provided for in clause 9 apply, irrespective of whether CleaningNZ’s responsibility is based on a breach of contract, a felony (including acts of negligence), the strict responsibility or because of the product, for a breach of warranty, for hidden defects or for any other types of legal obligations. And this even if (i) CleaningNZ could have reasonably foreseen the possibility of such damage, (ii) CleaningNZ was informed of the possibility of such damage or (iii) if the compensation is the result of a serious error on the part of CleaningNZ.
10. Force Majeure
10.1 In case of “Force Majeure” – common name which includes, in this document, the cases of unpredictable events with a serious impact on the economic conditions of an agreement between the Client and CleaningNZ, as well as the cases of force majeure in the broad sense – CleaningNZ can amend the agreement accordingly and in good faith (extension of the execution period of an agreement, for example, for a term equal to that of the event that led to the case of force majeure) or, if necessary, the
agreement with immediate effect break.
Among the cases of force majeure, we cite, without this list being exhaustive, natural disasters, wars, fire, acts of terrorism and any other event that could have harmful effects on the infrastructure used by CleaningNZ to provide the essential elements of CleaningNZ’s service. to give concrete form to the Customer. We also cite defects in servers and other computer and communication structures that, according to CleaningNZ, would be uncontrollable or caused by an inadequacy or interruption of the networks used or by any defect in the Client’s hardware, software or telecommunications.
11.1 CleaningNZ guarantees the Client that all information and all documents that have been provided in the context of the execution of this agreement and that have been labelled as confidential will be treated with strict confidentiality. This confidentiality will also be guaranteed after the validity date of this agreement.
11.2 The acceptance of this agreement also commits each party, the Client and CleaningNZ, to compliance with all laws that apply during the execution of the agreement and regarding the protection of data and respect for privacy.
11.3 In compliance with the data protection laws of these General Terms and Conditions of Sale, the Client is informed that the data will be kept by CleaningNZ in exploitable electronic form, regardless of the technology used and that CleaningNZ will only use this data with for the purposes of this Agreement.
11.4 In all circumstances, the Client will demonstrate the utmost diligence and vigilance. He will also have to take all precautions necessary for the processing, manipulation and transmission of identifiers, passwords, usernames, aliases and any other security system used to guarantee the confidentiality of CleaningNZ’s services. The Client must immediately take all measures necessary to guarantee the confidentiality of the data, their correct use and security and to avoid any direct or indirect transfer to third parties not approved by CleaningNZ. This also means that it is prohibited for the Customer to change his access rights (username, password) to the CleaningNZ environment with the intention of allowing unauthorized third parties to use all or part of the information contained in CleaningNZ’s databases, not even to demonstrate the functioning of the tool. The Client will be responsible in case of use by unauthorized third parties of his passwords or usernames in CleaningNZ’s system. This applies in all circumstances, with the exception of the cases where the Customer provides proof that the obtaining by third parties of these usernames and passwords is not due to its own intervention or if the Customer proves that the cause, even indirectly, obtained from this wrongly is not his responsibility. The Client is obliged to inform CleaningNZ immediately if it appears that any third party not authorized by CleaningNZ uses one of its security elements or if these security elements could be used or used illegally. In the event of a breach by the Client of its material obligations imposed by this agreement and whatever these may be, including, but not limited to, the obligations imposed under this article, CleaningNZ shall be entitled to suspend the performance of its obligations and immediately interrupt the provision of its services, without any form of notice and without the Client being released from all his payment obligations towards CleaningNZ on the same occasion.
12. Due date
12.1 This agreement between the Client and CleaningNZ takes effect from the date on which CleaningNZ receives an order, whether automated or not, from the Client. The term of the agreement between the Client and CleaningNZ starts on the day of delivery by CleaningNZ to the Client of the first essential element of the CleaningNZ service. If the contract duration has not been expressly agreed in writing between CleaningNZ and the Client, this contract is deemed to be concluded for a period of 12 months after delivery by CleaningNZ to the Client of the first element that is part of the CleaningNZ service. In the event that the responsibility for the delay in the delivery of the first essential element of the CleaningNZ service lies with the Client, the agreement will enter into force 14 days after receipt by CleaningNZ of the agreement. The agreement will automatically expire on the expiry date agreed between the Client and CleaningNZ, with the exception of the cases expressly provided for in the followup to these General Conditions of Sale where the Additional Conditions of Sale expressly provide for other measures.
12.2 For the essential elements of the service provided by CleaningNZ to the Client, any order from the Client can only be accepted during the contractually agreed period. Consequently, the Client will only retain his right to order essential elements of the CleaningNZ service until the contractual expiry date, even if by that date he has not yet placed online all the essential elements of the CleaningNZ service that he has acquired.
13.1 This agreement is only subject to New Zealand law. The only competent authorities in the event of conflicts regarding this agreement are the courts and tribunals of the city of Auckland.
13.2 Therefore, all legal relationships between the Client and CleaningNZ will have Auckland as the place of performance.
Additional Terms of Sale: Job Offers – For Employers
1. Description of the Services
1.1 CleaningNZ puts the job offers on the Internet for the account of the Client, as stipulated in Article 3 of the General Terms and Conditions of Sale.
1.2 CleaningNZ reserves the right to publish the job offers through other media channels, both on paper and electronically, or to transmit them to other entities for additional publications. Accordingly, CleaningNZ has the right to place all or part of the job offers available on its site on (a) partner site(s) without the prior consent of the Client. No additional costs will be charged to the Customer for such a service. The name of the partner companies is accessible on the CleaningNZ site.
1.3 The description of the above services is complete.
2. Duration of Publication
2.1 Any job offer placed online by CleaningNZ will remain on its website for at least 30 days, unless another agreement has been entered into between CleaningNZ and the Client.
3. Job offers in electronic form
3.1 The service offered by CleaningNZ consists of putting job offers online in electronic form on the website CleaningNZ. CleaningNZ will only forward the answers to the Client that have also been entered in electronic form via the CleaningNZ site.
The data will be sent to the Client in unprocessed form and CleaningNZ is in no way responsible for its content. The data is either forwarded to an e-mail address of the Client or to his personal account CleaningNZ.
Any job offer of a clearly illegal nature (as proposed in Article 6.4 of the General Terms and Conditions of Sale) may be removed by CleaningNZ on its own initiative.
Local laws, as well as data protection regulations, must be complied with by the Customer. Any claim by third parties as a result of a violation by the Client of this article 3.1 paragraph 2 will lead to the obligation for the Client to pay compensation to CleaningNZ at the first request.
If he wishes, the Client can modify and correct a job offer that he has purchased at his discretion as long as it has not been put online. Once the job offer is online, the Client will not be able to change or correct it. And this during the period that this job offer is online, namely at least 30 days or otherwise agreed.
4.1 By accepting these Additional Terms and Conditions of Sale, the Client is informed and acknowledges the impossibility for CleaningNZ to monitor perfectly the unauthorized online posting of job offers by third parties. The Client therefore agrees that CleaningNZ cannot under any circumstances be held responsible for such unauthorized publications by third parties. However, CleaningNZ undertakes to make every effort, within the technical and legal limits, to avoid unauthorized publications.
4.2 By accepting these Additional Terms and Conditions of Sale, the Client transfers to CleaningNZ all ownership rights over the databases. These consist of all job offers entrusted to CleaningNZ for publication. The Client acknowledges that CleaningNZ is the sole producer of the database consisting of the job offers submitted to CleaningNZ for publication. CleaningNZ is also recognized by the Client as the sole holder of a right to the database containing the list of jobs entrusted to CleaningNZ for publication.
4.3 No rate reduction from CleaningNZ’s official rate has value unless it has been explicitly proposed and approved by CleaningNZ for the specific Client under the specific conditions. Consequently, no reduction in the official price will be valid for a Customer who instructs a third party to act on its behalf.
4.4 The principle of “Reselling” (transfer) of an agreement of job offers by a Client to a third party will require prior approval from CleaningNZ. This agreement will take the form of an agreement replacing the previous one between CleaningNZ and the Client to whom the agreement has been transferred.
Additional Terms of Sale: Orders Online – For Employers
These Additional Terms and Conditions of Sale regarding online orders apply as an attachment and in case of doubt take precedence over the General Terms and Conditions of Sale as well as the Additional Terms and Conditions of Sale: Job Offers.
1. Description of the Services
1.1 CleaningNZ puts the job offers online on the Internet on behalf of the Client in accordance with the provisions of section 2.1 of the Additional Sales Conditions: Job Offers.
1.2 This description of the services is complete.
2. Written form
2.1 Contrary to the General Terms and Conditions of Sale which stipulate that a written document is mandatory, in the case of an order online, declarations of intent can be made between the parties that are considered effective and valid without any formal requirement.
3. Payment terms
3.1 CleaningNZ will not award any agency commission in case of online orders.
3.2 The Client must immediately pay for the services that he has ordered to CleaningNZ, subject to online payment. Exceptionally and with the express agreement of CleaningNZ, the customer can pay by traditional bank transfer and settle this within 14 days from the date of receipt of the invoice. The provisions laid down in Articles 4 and 5 of the General Terms and Conditions of Sale apply in all other cases.
4. Information obligations of the Customer
CleaningNZ confirms the following information in accordance with the applicable New Zealand law:
4.1 The Online Order service is provided by
CleaningNZ, 82A Parr Terrace, Castor Bay, Auckland firstname.lastname@example.org
The online order agreement between the Client and CleaningNZ is considered to have been entered into
when the following phases have been completed:
– The registration form has been completed;
– The Customer takes note of and accepts the General and Additional Conditions of Sale;
– The Client clicks on the “Confirm” button in the CleaningNZ system;
– The Customer will receive an email confirming that the order has been received (this communication is not confirmation of the order);
– The Client receives a confirmation of the order from CleaningNZ;
Once the Customer has received the confirmation of the order, the agreement is considered to have been entered into. When the agreement is concluded, the Client can publish his job offer online.
4.3 When the order has been placed, the Customer will receive a first email informing him that his order has been successfully received and he will receive a login and a password for access to the Recruiters Area. It is through this space that the Client can create, modify or correct a job offer before posting it online. CleaningNZ offers the Client the means to detect possible errors and to correct the content of a job offer before placing it online. The main functionality made available to the Client for this purpose consists in the preliminary visualization of the job offer before it is published, as well as a set of tools for modifying or correcting the job offers. In the next phase, the Customer will receive a confirmation of the order informing him that he can publish online. Once a job offer is posted online, it cannot be changed.
4.5 The Customer’s orders are kept by CleaningNZ. The Client will not have access to his orders for online job offers.