Terms and Conditions

Overview

Welcome to the Terms of Service for TalentLatch. This is an agreement (“Agreement”) between TalentLatch Pty Ltd, a South African corporation, the owner and operator of TalentLatch (the “Site”) and the TalentLatch recruiting service (the Site and recruiting service collectively the “Service”), and you. The Agreement also includes our Privacy Policy, which sets out the terms on which we process any Personal Data that we collect from you, or that you provide to us. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate, current and complete. PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING USING THE SERVICE, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU WARRANT AND REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TALENTLATCH, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE EMPLOYER, AND TO BIND THAT COMPANY TO THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICE. Throughout this document, the words “TalentLatch,” “us,” “we,” and “our,” refer to our company, TalentLatch Pty Ltd, our Site or our Service, as is appropriate in the context of the use of the words. The term “Candidate” will refer to users of our Service who are seeking employment and/or contractor opportunities through TalentLatch. The term “Employer” will refer to a company that is interested in hiring Candidates through the use of our Service. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you register on the Site. You agree to keep all information gained from using our Site confidential. You agree that (1) you will use any content submitted by Candidates in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities of any Candidates listed for on TalentLatch at any time, outside of your recruiting or hiring department; and (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of the Site and/or Service from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate any job offers which you become aware of through our Site or Service. Our Service may allow you to upload photos, CVs, projects and other information and may allow you to message or communicate in other ways with other users through our Service. Any information that you post, transmit or submit through our Site or Service will be referred to as “Content” throughout this Agreement. PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY TALENTLATCH IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Revised” date at the top of the Agreement. If we make any material changes, and you have registered to use the Service, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately for new users and for existing users. If you do not agree to any change(s) after receiving a notice of such change(s), you may stop using the Site and/or the Service. Otherwise, your continued use of the Site and/or Service constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.

Description of services
For Candidates

TalentLatch is an online service that connects Candidates with Employers through a non-binding interview request process for a Candidate’s services. As a Candidate, you have an opportunity to find a position with an Employer with transparency as to role and compensation in each interview request.

For Employers

As an Employer, you can find qualified talent and reduce the costs involved with hiring and retaining such talent. You may send interview requests for any Candidates on our platform that you feel may be a good fit for your company. However, these interview requests are non-binding and do not create a binding employment contract. A success fee will only be collected from you in accordance with the payment terms below, once you have hired a candidate on the TalentLatch platform.

Requesting Interviews and Hiring

After an Employer’s registration has been accepted by us, the Employer will be able to browse the Candidates on our Site, communicate with these Candidates, and submit preliminary non-binding Requests to Candidates. If an Employer hires a Candidate from our Site, the Employer will owe TalentLatch a Success Fee as defined in the payment terms below.


Once an Employer has discovered a Candidate on our Site or Service, the Employer agrees to communicate exclusively with the Candidate through our Site and Service for the duration of the Request process. The Employer and the Candidate may use other means of communication during the hiring process. The Employer agrees not to attempt to circumvent our Site and/or Service by independently attempting to communicate and hire the Candidate through alternative means after discovering the Candidate on our Site or Service.

Payment
For Candidates

TalentLatch is free for Candidates. A Candidate agrees to promptly notify TalentLatch if the Candidate (1) accepts an offer of employment (an “Employment Offer”), whether for an indefinite or fixed term, (3) accepts an Employment Offer during or within twelve (12) months after termination of an Internship (as defined below) of any duration (a) with an Employer who was identified by the Candidate through the use of our Site or Service or (b) from an Employer who identified the Candidate through the use of our Site or Service, or (4) accepts an Employment Offer made by an Employer during or within twelve (12) months after termination of a Consulting Engagement with such Employer, each of the above a “Offer”. The date on which a Candidate commences work under an Employment Offer or Consulting Engagement is the “Start Date”. For the purposes hereof, an Internship shall refer to an opportunity for a Candidate to work, as an intern or pursuant to a co-op arrangement, for an Employer for a fixed period of time to assess job skills and shall only apply to Candidates that are enrolled in college or graduate school, or who have graduated from college or graduate school in the past 6 months. If you are a Candidate who is using our Site and/or Service, you agree that (1) if you receive an Offer, you shall promptly notify TalentLatch of your Start Date and the key terms of such Offer (and notify TalentLatch promptly should any details of the Offer change at any time), (2) you shall provide TalentLatch with (a) a copy of a fully executed Offer letter, or (b) execute a document between Employer, TalentLatch and Candidate that states material employment terms, including, among other things, Start Date and compensation, promptly upon the signing of a Offer letter between you and such Employer (the “Effective Date”), as requested by TalentLatch, and (3) you will promptly notify TalentLatch after termination of your employment as an employee. In the event that (a) an Employer terminates your Employment based on unsatisfactory performance within thirty (30) days of the date on which your Employment commenced, or (b) you voluntarily terminate your Employment within thirty (30) days of the date on which your Employment commenced. In the event that before the Start Date, either Employer or Candidate elect not to begin the employment relationship contemplated by the Offer, Candidate shall promptly notify TalentLatch. In the event that within thirty (30) days of the date on which your Employment commenced (4) an Employer terminates your Employment (other than as part of a reduction in force) or (5) you voluntarily terminate your Employment, and (6) you have received the Candidate Payment, then TalentLatch is entitled to the return of the Candidate Payment and you shall promptly return that Candidate Payment to TalentLatch. The foregoing repayment amount is a debt immediately owed to TalentLatch and the Candidate will pay for any professional fees TalentLatch incurs in enforcing such repayment obligation.

For Employers

For purposes of this Agreement, “Success Fee” shall refer to both Upfront Success Fees and Monthly Success Fees, as applicable and pursuant to TalentLatch’s then-current prevailing list price. Employer’s agree to pay the Success Fees charged to the Employer’s account in accordance with the fees, charges, and billing terms in effect at the time the Success Fee is due and payable hereunder. Notwithstanding the foregoing, in the event of a Success Fee dispute, if an Employer can establish that the Employer had an Active Process (as defined below) with the Candidate before using our Site and Service (e.g., the Candidate had already begun the interview process with the Employer and such process had not been terminated, or the Employer had received the Candidate’s resume from an employment agency or headhunter and the Candidate was under active consideration by the Employer), the Employer may be exempted from paying the Success Fee. However, the final determination as to whether a Success Fee is owed by the Employer for an accepted Covered Offer will be at the sole discretion of TalentLatch. For the purposes hereof, “Active Process” shall mean continuous direct, back & forth communication, in an active recruiting or hiring context where a decision to put a candidate on hold or reject has not been made, within the three (3) months prior to using the Site or Service for a Candidate that exists in Employer’s applicant tracking system or that was submitted by a recruiting agency. If you are an Employer who is using our Site and/or Service, you agree to the Success Fee provisions, and the fees, charges, and billing terms in effect at the time the Success Fee is due and payable. If you do not agree with any of the provisions of this Agreement, please terminate your account immediately and cease using TalentLatch. YOUR OBLIGATION TO PAY ANY SUCCESS FEES SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. If an Employer circumvents our Site and/or Service after discovering a Candidate through our Site or Service and subsequently hires that Candidate within twelve (12) months of the date on which the Employer first viewed the Candidate on the Site, the Employer will pay a Success Fee equal to 25% of the 1st year base salary of the Candidate and TalentLatch may, in its sole discretion, terminate the Employer’s account.

Validity of Success Fee

Once we have accepted the registration of an Employer, the Employer will be able to make Requests and contact (through the Service) Candidates listed on our Site and Service. If a Candidate identified through use of our Service accepts a Covered Offer within twelve (12) months of the date on which the Employer first viewed the Candidate on the Site, the Employer will be charged a Success Fee. As an Employer you agree that (1) if you make a Covered Offer, you shall (a) provide TalentLatch with a copy of a fully executed Covered Offer employment offer letter, or (b) execute a document between you, TalentLatch and Candidate that states material employment terms, including, among other things, Start Date, key terms and compensation, promptly upon the signing of a Covered Offer employment offer letter between you and such Candidate (the “Effective Date”), as requested by TalentLatch, (2) you will promptly notify TalentLatch should the Start Date or offer terms change at any time, and (3) you will promptly notify TalentLatch after termination of the Candidate’s employment as an employee, in the event that (a) such Employment is terminated based on unsatisfactory performance within ninety (90) days of the date on which it commenced, (b) the Candidate voluntarily terminates Employment within ninety (90) days of the date on which Employment commenced, or (c) before the Start Date, either Employer or Candidate elect not to begin the Employment contemplated by the Covered Offer.

Payment

An Employer agrees to pay the Success Fees charged to Employer’s account in accordance with the fees, charges, and billing terms in effect at the time the Success Fee is due and payable hereunder. An Employer choosing the Monthly Success Fee or the Subscription option is required to complete the TalentLatch Direct Debit Authorization Form allowing TalentLatch to withdraw, debit or charge monthly payments from the Employer’s designated bank or credit card account(s). By accepting TalentLatch’s Terms of Service, the Employer agrees that TalentLatch is authorized to immediately withdraw Success Fees due and payable to TalentLatch hereunder from the Employer’s account and that no additional notice or consent is required. Employer agrees to immediately notify TalentLatch of any change in its billing address or any account information provided to TalentLatch used for payment hereunder.

Refunds

At TalentLatch we value our customers’ satisfaction in using our Site and Service to hire great Candidates. If (1) an Employer hires a Candidate and terminates the Candidate’s Employment based on unsatisfactory performance within ninety (90) days of the Start Date, (2) a Candidate voluntarily terminates his or her Employment within ninety (90) days of the Start Date, or (3) Candidate does not start Employment or Contractor Engagement because either Employer or Candidate elects not to begin the employment relationship contemplated in the Covered Offer (each, a “Termination Event”), upon written receipt and confirmation of such information, TalentLatch will fully refund to the Employer the Upfront Success Fee related to the Candidate who was the subject of the Termination Event if such Upfront Success Fee was paid in full by the Employer within 30 days of employment commencing. In the event that the Employer was paying a Monthly Success Fee for the Candidate who was the subject of the Termination Event, no refund shall be owed to the Employer; however, the Employer’s obligation to pay future Monthly Success Fees shall terminate as of the date on which the Candidate’s Employment terminates. No refunds shall be provided for Subscription programs

Changes in Fees and Billing Methods

TalentLatch reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting updated Terms of Use on the Site or by email delivery to you.

Notice

Where TalentLatch requires that you provide an e-mail address, you are responsible for providing TalentLatch with your most current e-mail address. In the event that the last e-mail address you provided to TalentLatch is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, TalentLatch’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

Applicable Law and Jurisdiction

This Agreement shall be governed by the laws of South Africa. The South African courts shall have exclusive jurisdiction over any claim arising under or in connection with this Agreement.

Force Majeure

Neither party shall be responsible to the other for its failure to comply with any part of this Agreement, if this is the result of events beyond its reasonable control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, employment shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond its control (a "Force Majeure Event"), provided that the party affected gives prompt notice in writing to the other party of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the Agreement. If the Force Majeure Event continues for more than one month, the party not subject to the Force Majeure Event may terminate the Agreement by notice in writing to the other party.

Severability; Headings

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, TalentLatch shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.

Termination

TalentLatch reserves the right, at its sole discretion, to pursue all off its legal remedies, including but not limited to removal of the Content from the Site (permanently or temporarily) and/or terminate any Services provided to You by TalentLatch, upon any breach by you of this Agreement, or if TalentLatch is unable to verify or authenticate any of the Content. If you wish to terminate this Agreement, you may do so by notifying TalentLatch at any time and closing your account for the Service. Your notice should be sent in writing. Termination of the Agreement may result in the immediate removal from the Site of any Content that you have submitted to TalentLatch. TalentLatch will not have any liability whatsoever to you for any suspension or termination, including for deletion of the Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including but not limited to, ownership provisions, Success Fee provisions, warranty disclaimers, indemnity and limitations of liability.