eCommerce terms & conditions
These 11 Recruitment Terms and Conditions (the “Terms”) govern the license and use of 11 Recruitment Products and Services. These Terms, together with any Order, constitute the valid, complete and binding contract between The Purchaser and 11 Recruitment (the “Agreement”). If there is any conflict between the Terms and Order, the Order shall prevail for the Products and Services in that Order. All capitalised terms are defined in the Definitions section below.
PURCHASE & FEES
- 1Order. The Terms govern each Order, unless otherwise agreed in writing. Each Order will contain:
- 25An Order is binding upon the earliest to occur of the date:
- 25Products and Services are deemed accepted upon delivery unless otherwise stated in the Order. For certain Products and/or Services, electronic or phone purchases may be agreed between the parties and will be deemed to be Orders and subject to these Terms. 11 Recruitment may offer The Purchaser the opportunity to trial new Products or Services (“Try and Buy Product”). These Terms will apply to any trial of Try and Buy Products, regardless of any master agreement in place with The Purchaser. In the event The Purchaser proceeds to purchase a Try and Buy Product, the relevant terms in place with The Purchaser will apply.
- 2Fees. The Purchaser shall pay all Fees as specified in the Order. Unless otherwise stated in the Order:
- 3Invoicing. Unless otherwise stated in an Order, Fees are payable by The Purchaser within thirty (30) days of the date of invoice. If any portion of an invoice is disputed, The Purchaser will pay the undisputed amounts in full and the parties will reconcile the disputed amount in good faith as soon as possible. Late payments:
- 4Taxes. Fees are exclusive of applicable taxes, levies, and duties. The Purchaser shall pay all sales, use, duties, and other taxes including, without limitation, Value Added Taxes (VAT) or Goods and Services Taxes (GST) that are lawfully imposed (and for which no exemption is available).
OWNERSHIP & INTELLECTUAL PROPERTY
- 5Purchaser Property. The Purchaser shall retain exclusive ownership of all rights, title and interest in and to all Purchaser Property.
- 6Products and/or Services Licenses. Upon full payment of Fees, 11 Recruitment grants The Purchaser:
- 711 Recruitment Property. The Purchaser will not at any time:
- 8Research Data and Benchmarking. Notwithstanding anything in the Agreement to the contrary, The Purchaser authorises 11 Recruitment to use The Purchaser Property for purposes of assessment validation, research and development and creating or updating Benchmarks (collectively “Research Data”). 11 Recruitment will only use, aggregate and present Research Data and Benchmarks in an anonymous form that does not include (directly or by inference) any information identifying The Purchaser or any individual as the source of such data. 11 Recruitment are bound by ethical guidelines and data protection laws in the use of all data. Access to Research Data will be restricted to only individuals directly involved in research and/or development supporting or related to 11 Recruitment products and/or services. "Benchmarks" mean aggregated data received, collected, analysed, and maintained by 11 Recruitment to improve its Products and/or Services. Benchmarks may be derived from public information, Assessment responses, survey data and best practices information that 11 Recruitment receive from their clients. Benchmarks are always presented in an aggregated and anonymised form that does not identify a particular individual or company.
- 9Compliance. Both parties shall at all times comply with all applicable laws and regulations and this Agreement related to the collection, processing, use and storage of Personal Data.
- 10Data Transfer. The Purchaser agrees that 11 Recruitment may transfer Personal Data outside the European Economic Area (“EEA”) to 11 Recruitment facilities or to Third Parties in order to provide The Purchaser with the Products or Services. This may include processing Personal Data in countries with data protection laws that do not provide the same level of protection as those in the EEA. 11 Recruitment have entered into an Intragroup Agreement which includes the EU Model Contract Clauses (“Model Clauses”) for the processing of Personal Data outside the EEA. At The Purchaser’s request, 11 Recruitment and relevant Affiliates will enter into Model Clauses as agent on behalf of The Purchaser for transferring Personal Data outside the EEA. 11 Recruitment will take appropriate steps to protect Personal Data in accordance with these Terms and all data protection laws applicable to it as the Data Processor.
- 11Data Processing. The Purchaser is the Data Controller of Personal Data. 11 Recruitment or its Affiliates shall act as the Data Processor with respect to the Personal Data. As Data Processor, 11 Recruitment shall:
- 2511 Recruitment shall cooperate with any The Purchaser request for Personal Data provided by or through The Purchaser to 11 Recruitment, provided that such request does not violate the agreed data protection terms.
- 12Third Parties. 11 Recruitment may disclose Personal Data to Third Parties only if an 11 Recruitment company:
- 25Under the points above above, 11 Recruitment or its applicable Affiliate shall contractually require such Third Party to provide the same level of protection for Personal Data required under these Terms and any applicable data protection laws.
- 13Data Breach. 11 Recruitment shall:
- 2511 Recruitment shall immediately investigate and take appropriate remedial actions to mitigate the effects of the Data Breach in accordance with applicable laws, regulations and industry standards. Upon request, 11 Recruitment shall provide The Purchaser with a summary report of its investigation and remediation activities.
- 1411 Recruitment will indemnify and defend The Purchaser, its officers, directors, and employees (each, an "Indemnified Party") from and against any and all loss, damage, and expense, including reasonable legal fees and expenses, incurred by the Indemnified Party directly and proximately arising from any third party claim, demand, action or proceeding ("Claim"), that the 11 Recruitment Property under an Order directly infringes any third party Intellectual Property Rights. Indemnification is subject to the Indemnified Party:
- 1511 Recruitment’s indemnification obligation shall not apply to:
- 25The provisions of this section shall also apply to The Purchaser’s Affiliates.
- 16If any 11 Recruitment Property becomes or is reasonably likely to become the subject of a Claim then 11 Recruitment, at its discretion, will:
- 17This section constitutes a party’s sole and exclusive remedy in connection with any Claim alleging infringement of any Intellectual Property Rights.
LIMITATIONS OF LIABILITY
- 18Neither party shall be liable for any of the following losses or damages (whether or not foreseen, direct, indirect, foreseeable, known or otherwise):
- 1911 Recruitment’s total aggregate liability arising out of or in connection with the performance or contemplated performance under the applicable Order (whether for tort (including negligence), breach of contract, breach of statutory duty or otherwise) shall in no event exceed the price paid or payable by The Purchaser to 11 Recruitment or its Affiliates under such Order within the 12 month period preceding the event giving rise to The Purchaser’s claim.
- 20Nothing contained in the Agreement shall exclude or limit either party’s liability for:
- 25In all such cases a party’s liability shall be limited to the greatest extent allowed by applicable law.
- 21"Confidential Information" means all information, in whatever form, furnished by one party or its Affiliates (the "Disclosing Party") to the other party or its Affiliates (the "Receiving Party") orally or in writing that is identified as confidential or proprietary at the time of disclosure or that should reasonably be assumed to be confidential or proprietary by its nature, including, but not limited to:
- 22Receiving Party will:
- 2511 Recruitment may disclose Confidential Information to its Affiliates, Third Parties or subcontractors as necessary to provide Products and Services to The Purchaser, provided that such Third Parties are bound by confidentiality obligations at least as restrictive as those herein. The Disclosing Party does not make any representations or warranties, express or implied, as to the accuracy or completeness of any Confidential Information.
- 23Each party’s confidentiality obligations shall continue in force and survive the termination or expiration of the Order Term for a period of three (3) years. Confidentiality obligations for any Confidential Information subject to trade secret protection will continue indefinitely.
- 24Confidential Information excludes information:
- 25General. Except for termination for cause below, or as otherwise stated in an Order, The Purchaser may not terminate the Order and any Fees paid or payable by The Purchaser are non-refundable and non-cancellable.
- 26Termination for Cause. Either party may terminate an Order for cause if the other party:
- 25Such termination will be without prejudice to any rights or remedies either party may have accrued up to the termination date. If 11 Recruitment is unable to complete the service due to no fault of the Purchaser, the Purchaser will be provided with a full refund.
- 27Effect of Termination. Except as otherwise provided in the Agreement, upon expiration of the applicable Order Term, or termination of an Order, or portion thereof:
- 2811 Recruitment reserves the right to charge The Purchaser for any continued use of Products or Services after expiration or termination of an Order.
- 2911 Recruitment Warranties. 11 Recruitment represents and warrants that:
- 25During the Order Term, if The Purchaser reasonably demonstrates that the Products and/or the Services are in breach of the foregoing warranties, 11 Recruitment will:
- 30Guidance. Products and Services guide The Purchaser as to the suitability and aptitude of Candidates as part of an overall recruitment or development process. The Output represents 11 Recruitment’s professional opinions based on information provided to 11 Recruitment by, or on behalf of The Purchaser, its agents and Candidates, together with any applicable assessment responses. The Output must not be relied upon as statements of fact or as the sole basis for any employment related decisions. 11 Recruitment does not recruit or select candidates and is not operating as a recruitment agency. 11 Recruitment is not responsible for the acts or omissions of The Purchaser, including but not limited to:
- 25The Purchaser is not entitled to receive any raw data, including item-level responses, collected as part of the Products or Services. The Purchaser agrees that compliance with any applicable employment or applicant records retention requirement, or any applicable governmental authority or regulatory body of any country is The Purchaser’s responsibility.
- 31The Purchaser Warranties. The Purchaser represents and warrants that it:
- 32Disclaimer of warranties. 11 Recruitment provides the products, services and 11 Recruitment property “as is” and disclaim, to the extent permitted by applicable law, all warranties either express or implied, except as expressly provided in this agreement, including, without limitation, the warranties of merchantability and fitness for a particular purpose. 11 Recruitment does not warrant or guaranty that company will realise any results through the use of the products or services. This disclaimer is integral to establishing pricing and is an essential part of these terms. For 11 recruitment online services, 11 Recruitment does not warrant or guaranty company’s use of such services will be free from error, omission, interruption, defect, delay in operation, technical inaccuracies, viruses or other harmful code.
- 33Marketing. The Purchaser permits 11 Recruitment to use The Purchaser’s name and logo for their internal and external customer lists and other marketing materials. If The Purchaser expressly discloses The Purchaser Property to 11 Recruitment for inclusion in marketing materials, for joint development of a case study or other research, 11 Recruitment may attribute such information with The Purchaser’s name and logo. 11 Recruitment may use The Purchaser’s plain text name as required in any public reporting or regulatory documents.
- 34Compliance with Laws. Each party will comply with all applicable laws of the countries where it operates, including all securities, anti-corruption, and anti-bribery laws (including the US Foreign Corrupt Practices Act and the UK Bribery Act). 11 Recruitment is subject to US sanctions laws. The Products and Services may not be sold or licensed to any “Restricted Party” meaning a party on the U.S. Department of the Treasury Specially Designated Nationals List or in US sanctioned countries - currently Cuba, Iran, North Korea, Sudan, and Syria. The Purchaser:
- 25Any breach of this section is a material breach of the Agreement for which there is no cure period.
- 35Governing Law. This Agreement is governed and construed in accordance with the laws of the Western Australia.
- 36Miscellaneous. Each party agrees that a breach of the Agreement may result in irreparable harm to the other party for which monetary damages would be an inadequate remedy. In the event of a breach, or threatened breach, of the Agreement, the nonbreaching party shall be entitled, without the requirement of posting a bond or other security, to seek equitable relief (including injunctive relief and specific performance) in addition to any other rights and remedies available at law. This Agreement shall not confer any rights or remedies upon any third party, except 11 Recruitment Global is an express, third party beneficiary of the Agreement, with power to enforce the rights in this Agreement. Nothing in these Terms will create, or be deemed to create, a partnership or joint venture or employment relationship or principal and agent between the parties. Neither party will have any liability to the other if the affected party does not fulfil its obligations due to an event outside the affected party’s reasonable control. Notices under this Agreement will be in writing and delivered by registered means providing a receipt to 11 Recruitment or The Purchaser address in the Order, with a copy to 11 Recruitment. Any provision of the Agreement held to be invalid under the applicable law, will not affect the validity of the remaining terms of the Agreement. Failure to enforce the Agreement does not waive a party’s right under the Agreement.The Agreement sets out the entire agreement between the parties and overrides any prior correspondence or representations, and all other terms and conditions, including without limitation, any terms contained in a purchase order or any document supplied by The Purchaser to 11 Recruitment.The parties acknowledge that this Agreement has not been entered into in part or whole in reliance on any warranty, statement, promise or representation by the other party, except as set out in the Agreement. Except in the event of a transfer of all or substantially all its assets, neither party will assign or transfer its rights or responsibilities under the Agreement to any third party without the other party’s prior written consent, provided that 11 Recruitment may assign or transfer its rights and obligations to any 11 Recruitment Affiliate provided that 11 Recruitment will remain responsible for 11 Recruitment’s obligations under the Agreement.
- 37Subcontracting. 11 Recruitment may use its Affiliates or Qualified Subcontractors to perform Services. Affiliates shall not be considered subcontractors. 11 Recruitment will at all times remain responsible for its Affiliates and Subcontractors hereunder.
- 38Assessment Response Confidentiality. Neither party will breach any promises of confidentiality made to any Candidate. 11 Recruitment will not provide any data, including assessment responses, to The Purchaser or any third parties in violation of confidentiality notices presented to Candidates.
- 3911 Recruitment grants The Purchaser a limited right to transfer the non-refundable Assessments without modifications (such as language or the resulting report) for:
CV writing term & conditions
PRINCIPAL TERMS & CONDITIONS
- 1By placing an order with 11 Recruitment ("we/us/our"), you, the Client ("you/your"), agree to accept our Terms and Conditions.
- 2No contract subsists until we accept your order. We may choose not to accept your order for any reason. We reserve the right to withdraw any goods/services at any time. We will not be liable to you or anyone else for refusing to accept your order or withdrawing any goods/services.
- 3We retain the right to revoke your right to continued use of our services at our discretion.
- 4Your statutory rights are not affected by any of our terms, conditions or policies.
- 5The following clauses relate purely to our resume writing service and are not applicable to any other service provided by 11 Recruitment.
- 6We can only commence work on an order once we have received all your details and information. Once you have paid for your order you will have the option to upload an existing resume. Our turnaround times are timed from the point at which we receive the information which your writer requires to complete your resume.
- 7If your order and information is received prior to 1pm a writer will be assigned to you the same day. If your order and information is received after 1pm a writer will be assigned to you the next business day.
- 8Once we have all your information we aim to deliver a first draft of your documents within 7 business days.
- 9We cannot be held liable for any missed opportunities in delays delivering your first drafts. No refunds are processed under any circumstances once your documents have been sent to you.
PAYMENT & TAXES
- 10Payment is required in full with all orders. Your credit/debit card will be debited on acceptance of your order so as to ensure that sufficient funds/credit are/is available in the account.
- 11All credit/debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal.
- 12All of our prices are always fully inclusive of all global consumption and sales taxes (VAT, GST, etc.) that we may be legally obliged to apply to our customers depending on their individual physical location.
- 13We endeavour to respond to all correspondence, including complaints, within a maximum of 24 hours from receipt. All complaints must be made in writing; our telephone staff are not authorised to handle such matters.
REFUNDS & CANCELLATIONS
- 14If you wish to cancel your order before the project has been commenced by us, we will issue you a refund minus 10% for administrative costs.
- 15If you wish to cancel your order after we have commenced working on it, we will not issue a refund unless we are in breach of our terms and conditions.
- 16When working on your draft we will provide files in a Microsoft Word format. We can not be held liable for incompatibility issues with a user's individual computer set-up although we do undertake to assist as best we are able in resolving any such issues and will provide alternative, more suitable formats if we are able to do so. However, it should be noted that IT support is out of our field of expertise and if we are unable to agree upon a resolution then the user will need to seek appropriate professional IT support at their expense. Please note that MS Word documents may have formatting issues if displayed in Pages on a Mac, or any other word editing software.
LINKEDIN PROFILE WRITING
- 17Our LinkedIn Profile Writing service involves the provision of a document file containing a full write-up of the various sections of a LinkedIn Profile that may be easily copied and pasted into a live profile. We do not undertake to directly log in to or create profiles on behalf of our clients - this is a security measure to ensure the safety of your personal information and confidentiality of your login credentials.
- 18You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material on our web sites, site design, structure and graphics and all software and source codes connected with our web sites shall remain at all times vested in us or our licencors. You are permitted to use this material only as expressly authorised by us.
- 19You acknowledge and agree that the material contained within our web sites is made available for your personal non-commercial use only. You may only access, view, copy and/or print pages from our web sites for the sole purpose of you evaluating whether to and/or placing an order with us. Any other use of the material within our web sites is strictly prohibited.
- 1"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity.
- 2"Control" means the power, directly or indirectly, to direct or affirmatively cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.
- 3“Assessment” means products to assess talent performance and attributes of individuals offered by 11 Recruitment.
- 4“Candidate” means any assessed individual (including a potential or existing employee of an 11 Recruitment client).
- 5"The Purchaser" is an entity that purchases Products or Services from 11 Recruitment under an Order. If a license is extended to The Purchaser’s Affiliate(s) under an Order, the term “The Purchaser” shall include such Affiliates will be subject to the Agreement.
- 6"Purchaser Property" means any data, information, or other material provided by or on behalf of The Purchaser to 11 Recruitment (through software or other data collection activities) or disclosed through surveys, assessments, the Products or Services to 11 Recruitment.
- 7“Configured Deliverables” means where 11 Recruitment creates or provides Services deliverables pursuant to the requirements of an Order. Configured Deliverables are for The Purchaser’s sole use and not for use by any third party.
- 8"Data Controller" means a person/entity who determines the purposes for which and the manner in which any Personal Data is, or is to be, processed (collected, used, amended, retained, destroyed, etc.).
- 9"Data Processor" means a person/entity (other than an employee of the Data Controller) that processes Personal Data on behalf of the Data Controller.
- 10“Fees” means the fees payable to 11 Recruitment for the Products or Services purchased pursuant to the applicable Order.
- 11"Intellectual Property Rights" means all patents (including reissues, divisions, continuations, and extensions) and patent applications, trade names, trademarks, service marks, logos, trade dress, copyrights, trade secrets, mask works, rights in technology, know-how, rights in content (including performance and synchronisation rights), unregistered design, or other intellectual property rights that are in each case protected under the laws of any governmental authority, whether or not registered, and all applications, renewals and extensions.
- 12“Order” means a written agreement between The Purchaser and 11 Recruitment describing the Products and/or Services The Purchaser is purchasing and may be in the form of an order form, a statement of work, a change request, or other similar instrument.
- 13“Order Term” means the period of time set forth in an Order during which: (i) The Purchaser has the right to use the purchased Products and/or Services; or (ii) 11 Recruitment is performing Services in accordance with The Purchaser’s purchase.
- 14“Output" means the printed/electronic reports produced as part of the Services provided to The Purchaser for a Candidate(s) taking an Assessment.
- 15"Personal Data" means any data or information provided by The Purchaser to, or collected by 11 Recruitment in the course of providing the Products and/or Services that relates to a living individual who can be identified from that data, but excludes Research Data and/or Benchmarks.
- 16"Product” means the 11 Recruitment products stated in an Order and shall include Configured Deliverables.
- 17“Services" means the consulting or professional services described in the applicable Order provided by 11 Recruitment or one of its Affiliates.
- 18“11 Recruitment” means the 11 Recruitment entity that enters into an Order with The Purchaser to provide Products and/or Services.
- 19"11 Recruitment Property" means all of the following without limitation created or owned by 11 Recruitment, or its licensors, whether pre-existing or independently created during the Order Term: (i) all websites, software, tools, URLs and links, universal competency frameworks, databases, designs, algorithms, user interface designs, architecture, class libraries, objects and documentation, network-design, know how, technology and source code and all portions, subsets or derivatives thereof, any improvements, modifications, upgrades or other changes thereto; and any and all derivative works; and (ii) all Intellectual Property Rights therein.
- 20“Territory” means the territory defined in the Order or if left blank then the Territory is the country where The Purchaser is registered.
- 21"Third Party" means any person or entity other than The Purchaser, 11 Recruitment, the Data Controller or the Data Processor or other person authorised to process data for the Data Controller.