Great to have you on StayHired! We cannot wait to have you logged in and start your talent prospecting, but first, we need you to look through and accept these legal terms. We’ve tried to make it as easy to understand as we possibly can. We’ve removed as much jargon as we can to make sure that we understand what we expect from each other.
We want to make it clear that these are your legal rights and obligations, there we need you to read everything on this page. Unfortunately, if you do not agree with our terms you will not be able to use our services.
Should you have any question or comments once you have read our terms, please send an email to email@example.com
Last updated on 18 June 2020 to include a new section 31 relating to use of your data to connect you to third party apps
In the section below, we will explain to you how to subscribe to StayHired and use our services. Each time you see a word in bold its meaning will be the same across these terms.
1. You and StayHired:When we mention you or your, we are referring to you and any entity, firm or organization you have been authorised to represent. When we mention StayHired, we, our or us we are referring to the StayHired entity you have a contract with and pay your subscription and/or license fees to.
2. Our services: When we talk about our services, we are referring to all the services we provide now or in the future. These services are online, offline talent matching, candidate job searching and AI Services
3. Creating a subscription:Once you create a subscription to use our service and accept the terms of service, you become a subscriber. Once you become a subscriber, you are responsible for paying your subscription.
4. People invited to use StayHired:An invited user is someone (not a subscriber) who has been invited to use our services through a subscription. An invited user must accept our terms of service before they can be allowed to use any of our services.
5. User roles and access:: As a primary subscriber on the employer platform, when you invite others into a subscription, you need to understand the permissions you are granting tothose invited users. Adding other users into the subscription means that they will have read access to the same user profiles you have access to.
6. The right to use our services:As a subscriber or an invited user, we assess your subscription type, your access level and your use role, we grant you the right to use out services for the duration of your subscription, until the subscription is terminated. As an invited user, we grant you the right to use our services until your access is revoked.
7. Subscriber role:You take full responsibility for how you control and manage your subscription. You are also fully responsible for who can access your subscription. As a subscriber you have the permission to invite other subscribers.
8. Rules: When you use StayHired you agree to follow the rules we have outlined below
9.Your responsibilities: As an employer, a recruiter or a jobseeker, you promise that you will keep your information up to date and this includes your current email address. The information that you provide on StayHired must be true, accurate and complete. It is your responsibility to verify the accuracy of any information that you provide for the purpose of seeking employment or hiring a jobseeker. You will have to adhere to our password standards and it is your responsibility to ensure that your passwords are very strong, it is also your responsibility to make sure that your password cannot be easily guessed.
10. When we introduce new or updated services: Our job at StayHired is to ensure that we serve you as best as we can. For us to provide you with the best StayHired experience we can we have to add new services and update existing services. Adding new services may require additional terms but we’ll make sure you know what those terms are before you start using the affected services.
11. What we own: Everything on the StayHired platform (excluding content owned by others) is owned by us, unless we have stated otherwise. This includes but not limited to rights, copyright, trademark, the design, compilation, algorithms, assets the overall look and feel of our services. You agree not to copy, distribute, modify, dilute or make derivative works of any of our content or use any of our intellectual property rights in a way that is not explicitly permitted by us.
On signing up to use StayHired, you will have the option to take advantage of our free trial based on the terms specified at the time you signed up. If you choose to carry on using StayHired after the trial period, you will be billed once you add your billing details into our services. However, if you choose not to continue using our services after the trial, you may delete your account.
12. Trial Subscriptions: As an employer, a recruiter or a jobseeker, you promise that you will keep your information up to date and this includes your current email address. The information that you provide on StayHired must be true, accurate and complete. It is your responsibility to verify the accuracy of any information that you provide for the purpose of seeking employment or hiring a jobseeker. You will have to adhere to our password standards and it is your responsibility to ensure that your passwords are very strong, it is also your responsibility to make sure that your password cannot be easily guessed.
13. StayHired Pricing Plans:Using our service typically requires that you pay a monthly subscription fee that is based on your subscription plan. The pricing plan includes the subscription and the subscription fees that we offered you, including invoicing payment and our cancellation terms and conditions. Please note that the pricing plan may vary by region and consists of any information set out in the offer details and pricing page. Also note that we may update or amend our pricing plan from time to time. The terms of our pricing plan form part of this agreement. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively. If we make any changes and you are a subscriber, we’ll make every effort to make you aware of exactly what those changes are. Important to note that, depending on your region, fees may be inclusive or exclusive of transactional taxes where relevant. (For example, VAT and Government State Taxes) as reflected in the pricing plan.
14. Taxes for use of StayHired’s Services: It is your responsibility to pay all other external fees and taxes associated with your use of our services wherever levied. It is a part of your responsibility to withhold tax if it applies, unless of course we already have a process that automatically withholds tax. We may also collect your geographic location details to help us identify your location and use this for tax purposes. In essence we request that you provide accurate location information for residency tax purposes.
15. Additional Services:Depending on where you are based and how you use our services you may be able to take advantage of additional services that we offer. For example, some regions will benefit from early release of a particular feature at no additional cost. In other cases, these services may incur additional fees that we’ll let you know about when you sign up to them.
16. Importance of timely payments: In order for you to continue accessing our services, it is imperative that you make timely payments based on the pricing plan you have chosen. Provide StayHired with accurate payment information so that you avoid delayed or missed payments. Failure to receive timely payments may result in StayHired suspending your subscription to our services until the outstanding bills have been settled.
StayHired uses your data to provide our services to you. Our privacy notice is an important part of these terms and describes in more detail how we deal with personal data, like your email address and your name
17. Use of data: When you enter your data into our systems or services, we don’t own that data. You are granting us a license to use, copy, transmit, store, analyse, and back up all the data you submit to us via our services. This includes personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information that we think may be of interest to you based on your candidate, jobs and/or marketing preferences.
18. Use of your own personal data: We respect your privacy and take data protection very seriously. In addition to the terms in this section, our privacy notice sets out in detail how we process your personal data that you have entered into StayHired, like your name and email address
19. Use of personal data you enter about others: Depending on where your contacts are located, our data processing terms may also apply to the personal data of others that you enter into the StayHired platform.
20. Anonymised statistical data: Our artificial intelligence solution uses anonymised data to analyse job suitability and other services. When you use StayHired we may create anonymised data from your data and usage analytics, including aggregation. Once your data has been anonymised, we may use it for our own purposes, such as to provide and improve our services or to develop new services or product offerings to analyse business trends as well as other uses we communicate with you.
21. Data breach notifications:If we think there has been unauthorised access to personal data within your subscription, we’ll let you know and give you information about what has happened. Depending on the type of access that was breached and the location of the affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or relevant authority. Since you will have the most knowledge about the personal data stored in your subscription, we believe that you are best placed to make the assessment.
StayHired will take every reasonable precaution to protect your confidential information and expect that you’ll do the same for ours.
22. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and StayHired both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or StayHired may share each other’s confidential information with legal or regulatory authorities if required to do so.
We take security seriously and so should you! To help protect our services and your data we offer added security features we ensure that every registered account verifies their email address before they can gain access to the platform.
23. Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
24. Account security features: We may introduce security features to make your account more secure. Depending on where you are in the world or what services you’re using, we may require you to verify your location or adopt some of these features. Where we make the use of security features optional, you're responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
25. Playing your part to secure your data:It is your responsibility to ensure that you keep your login details secure. You must not let any other person use your login and you need to make sure that you have a strong security on your own computer. If you notice that there has been an unauthorised use of your password or you have noticed a breach in security to your account or email address that is linked to your account, you must inform us immediately. You also agree not to use free-form fields in any of StayHired’s systems or services to store your personal data, (unless it’s a field explicitly asking for personal data like a first name or a last name) credit card details, tax identifiers or bank account information.
It is our responsibility to take all reasonable precautions to protect your confidential information and expect that you will do the same for ours. To make your StayHired experience more enjoyable, StayHired provides access to other services.
26. Third-party products: Along with the use of our services, you may use data, services and apps from other companies (third-party products), for example there are apps we will be making available on our employer platform. It is worth noting that for some of our services, the provider may charge you additional fees to what you already pay us.
27. Third-party terms and descriptions: Third-party products are subject to terms and conditions as well as privacy notices set by their providers. These include how the provider expects to use your data that you’ve shared with them. Make sure that you read and agree to the terms and conditions of any third-party and more specifically make sure that you understand their approach to how they intend on using your personal and non-personal data before you connect to them. Any description or links that we publish about a third-party has been provided to us by the providers. While we make every effort to check the accuracy and legitimacy of the descriptions in the literature they provide, the providers are solely responsible for any representations contained in those descriptions. We do not endorse or assume any responsibility for third-party products.
28. Use of your data to connect you to third party products: If you choose to connect your subscription to third-party products, we will use your personal data for that connection. Where we receive data as a result of that connection, we will use that data in line with our privacy notice and these terms. If that third-party product is the Gmail app, our use of any data received from Gmail APIs will also comply with Google’s Limited Use Requirements.
29. Payments to StayHiredJust for your information, some third-party providers may pay us a fee that may be related to referrals from StayHired: Revenue made by the provider; or data that the providers access about you through our services with your consent. One example is when you apply for a job with a third-party using your StayHired data.
We try to minimise any downtime, but sometimes we need these downtimes to keep our services updated and secure for you. From time to time you may experience access issues or data loss, so backing up your data is important.
30. Availability: We strive to maintain the availability of our services, and provide online support Monday - Friday from 09:00 – 18:00. From time to time we will need to perform maintenance on our services, and this may require some downtime. We will try to minimise such downtimes. Where planned maintenance is being undertaken, we will attempt to send you an email but we can’t always guarantee this.
31. Access issues: Data loss is an unavoidable risk when using any technology. You are responsible for maintaining copies of your data that you’ve entered into our systems and/or services.
32. Data loss: Data loss is an unavoidable risk when using any technology. You are responsible for maintaining copies of your data that you’ve entered into our systems and/or services.
33. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
34. Problems and support: If you encounter a problem, we have excellent support staff who are always available to help you. You can either reach us via our website or send an email to firstname.lastname@example.org
35. Modifications: In order to keep improving the StayHired Platform we need to frequently release new updates, modifications and enhancements. In some cases, we may have to discontinue some features. Where this occurs, we’ll try to notify you where practical (for example, by email, on our blog, or within our services when you log in).
This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense.
36. Feedback:We love your feedback and may use it without restriction
37. Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
38. Discussions on StayHired: On StayHired, you can participate in discussions about your jobs or the fact that you are looking for a job. Only share private information if you are happy for others to know your personal information, and don’t post anything you don’t have the right to share.
39. Limitations: Some of our services may be subject to limits such as a cap on the number of monthly transactions.
40. No-charge or beta services:Occasionally we may offer a service at no charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
41. While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:
Please be aware that we can terminate your subscription with one month’s advanced written notice. If you violate any of the terms we have shared in this document we may terminate your subscription immediately.
42.Subscription period: Your subscription continues for the period covered by the subscription fee you paid or a subscription fee that is payable to us by you. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month's written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination.
43. Termination by StayHired:We may choose to terminate your subscription at any time. We will do this by providing a month’s advance written notice to the email you have provided for your subscription. StayHired may also terminate or suspend your subscription or access to data on our platform immediately if:
44. No refunds: No refund is due to you if you terminate your subscription or Xero terminates it in accordance with these terms.
45. Retention of your data:Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.
Please pay extra attention to this section, read it in its entirety as it outlines liability terms between StayHired and both Subscribers and Invited Users.
46. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
47. Disclaimer of warranties: Our services and all third-party products are made available on an “as is” basis. Subject to the consumer law terms in section 53, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose
48. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
This section outlines how disputes may be resolved.
49. Dispute resolution: We aim to resolve most of your concerns quickly and to your satisfaction when you contact our support team via the homepage. If we are unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), then you and we agree to resolve those disputes through binding arbitration or small claims court, instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
We’ve set out additional terms below. Please take a read because they cover important issues you must be aware of.
50. No professional adviceJust so that we are clear, StayHired is not a professional services firm, not is it a recruitment agency. Our business is not in giving any kind of professional advice. We may provide you with information that we think might be useful in finding the right candidate or securing the right role, but this is not and should not be seen as a substitute for professional advice or recruitment services. We are not liable for your use of the information that we share with you in that way.
51. Events outside of our control: We do our best to control the things that we are able to control. We are not liable to you for any failure or delay in performance of any of our obligations under these terms which may arise out of any event or circumstances outside of our reasonable control.
52. Notices: All notices sent to StayHired must be sent to email@example.com. Any notices we send to you will be sent to the email address you’ve provided to us when you registered for your subscription.
53. Consumer laws: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).
54. Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.
55. Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
56. Blocking your access, disabling your subscription, or refusing to process a payment: As our sites are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.
57. Relationship between the parties; assignment: Nothing in these terms are to be construed as constituting a partnership, joint venture, employment or agency relationship between you, your company and StayHired or any of our other entities, or between you and any other subscriber or invited user. You are solely responsible for resolving disputes between you and any other subscriber, third-party or invited user.
59. Enforcement of terms:If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
60. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.
61. StayHired contracting entities; law and venue: We currently do not have contracting entities, but when we do, those entities will be carefully displayed on StayHired’s website stating exactly what law and venue they apply in any dispute between you and us.
You’ve made it to the end. Thanks for reading our terms!