Jobs Volume Plan terms and conditions
1. Volume Plan agreement
These are the terms on which Trade Me Limited ("we", "us", "Trade Me") offers our Trade Me Jobs Volume Plan to you. These terms apply where you have a Volume Plan Order with us which incorporates these terms ("Order"); or, if you don't have a current Order with us, then by using our Volume Plan product, you agree to these terms. In these terms, "Agreement" means these terms together with your Order (if any).
2. Volume Plan
We will provide you with access to our Volume Plan product, subject to this Agreement. As part of your Volume Plan, you will have access to the Package type, number of new listings per month and number of Scout Profile Views per listing specified in the Order, or otherwise agreed with us in writing. You can find more details about our Volume Plans and your selected Package type on our products pages, or by getting in touch with your account manager or our support team at email@example.com. In order to access any brand related features, you'll need to provide your brand assets to us in the format we require.
You may exceed the number of new listings per month by up to 10% per month without additional charge. Each listing will remain on Trade Me Jobs for 30 days, unless withdrawn earlier by either of us. Unused listings will expire at the end of each calendar month, and may not be "banked" or used in future months. Listings are for your use only, and may not be resold or otherwise transferred to another person. You agree that you won't allow any third party to list via your Volume Plan. All listings must be legally compliant, must comply with our terms and listing policies on our website, and must not contain anything of an offensive, misleading or otherwise objectionable nature.
This Agreement is effective from the date you sign the Order, or the date you start using a Volume Plan, whichever is earlier, and continues until it is terminated in accordance with its terms. Our Volume Plans are offered on a fixed 12-month term basis. The "Initial Term" commences on the Start Date in your Order, or if you don't have an Order then on such date we agree in writing or on the date you start using a Volume Plan, whichever is earlier, and continues for a period of 12 months, unless we have specifically agreed with you otherwise ("Initial Term").
Upon the expiry of the Initial Term, this Agreement will renew automatically for additional 12 month periods (each a "Renewal Term"), unless, either party gives written notice to the other party that they do not wish to renew, at any time up to the expiry of the then-current term. We will endeavour to get in touch with you before this Agreement renews, to discuss the Renewal Term. If we don't contact you prior to renewal, then at any time during the first 60 days of the Renewal Term you may terminate this Agreement by giving us 2 weeks' notice in writing.
You will pay the fees set out in the Order, or if there is no current Order then you will pay the fees we communicate to you. The fees are fixed for the Initial Term. The fees applicable for each Renewal Term will be the fees we communicate to you prior to renewal, or if we don't communicate fees prior to renewal then the fees will be as set out in our then-current rate card which is available on request ("Rate Card"). Fees will be fixed for each Renewal Term. For the avoidance of any doubt, we may give notice of our fee changes during the Initial Term or a Renewal Term, but any such fee change would only be effective after the expiry of the then-current term.
7. Changing your Package type
You may upgrade your Package type (e.g. Bronze to Silver, Silver to Gold; and / or number of listings per month) at any time, just contact your account manager or our support team at firstname.lastname@example.org. Your upgraded Package will apply from the first of the following month and you'll be charged according to our Rate Card. Package downgrades aren't supported, except at expiry of the Initial Term or Renewal Term as the case may be.
Your access to Scout is subject to you complying with the Scout terms and conditions on our website (as amended from time to time). Where you exceed your allocated Scout Profile Views, you will incur additional charges based on our Rate Card. We may elect to waive Scout overage charges at our discretion.
9. Other products
If you choose to use any of our other products, packages, features or services then this Agreement will cover those services, except to the extent that we agree any specific terms with you for your use of those services. The fees for such additional services will generally be communicated to you before you order or use a service, and will otherwise be according to our Rate Card.
10. We may remove listings
Trade Me may remove all of your listings if you are found to be advertising jobs that do not represent actual vacancies. We also reserve the right to withdraw any listing that: is not listed in the most relevant category; breaches this Agreement, our terms or policies; or does not, at our sole discretion, meet our minimum quality requirements.
We'll invoice you monthly and payment is due and payable on the 20th of the month following the invoice date. If you wish to dispute an invoice you must do so, in writing, within 10 working days of the invoice date. We will consider any issues raised and act in good faith to reach a resolution with you. You will pay any undisputed amount on the due date for payment.
12. Late payment
If payment is not received by the due date, or you're otherwise in debt to us under this agreement or any other, we may take action that we consider appropriate. For example, we may: suspend or terminate your access to our services;
a. charge interest on outstanding amounts not paid by the due date at a rate that is 2 percentage points greater than our bank's unarranged overdraft interest rate, starting from the due date of the unpaid invoice;
b. set-off any amount you owe us against any amount that may be due from us to you (under any agreement); or
c. pass your account onto a debt collection agency. You agree that any costs incurred in the collection process, including legal fees, can be on-charged to your account.
We may update, change, add to or remove products and features that form part of your Package type from time to time and we'll generally update our packages and products pages on our websites. If we make any changes to products that materially impact you, we'll let you know in advance and if you do not accept those changes you can stay on your current Package for the remainder of the then-current term if your current Package is still available, or terminate before the change takes effect. Sometimes we may launch new products, packages, features or pricing on an opt-it basis only. If you wish to opt into any new products, features, packages or pricing notified to you part way through the Initial Term or a Renewal Term, this agreement will be terminated and we will enter into a new agreement.
14. Termination by notice
As set out above, either party may terminate this Agreement by giving written notice to the other party that they do not wish to renew for a further 12-month term. Such notice must be given at any time prior to the expiry of the then-current term, in which case the Agreement will terminate on the last day of the then-current term. Otherwise, if neither party issues such notice, this Agreement will automatically renew for a Renewal Term.
15. Termination for cause
In addition to the other rights of termination in this Agreement, we may terminate this Agreement with immediate effect if you fail to pay any amount to us by the due date for payment, and either party may terminate this Agreement with immediate effect, if:
a. the other party breaches this Agreement and fails to remedy that breach within 10 days of receiving notice of the breach;
b. the other party breaches this Agreement and the breach cannot be remedied; or
c. the other party becomes insolvent, goes into liquidation or has a receiver or manager appointed over any of its assets, makes any arrangement with its creditors, becomes subject to any similar insolvency event in any jurisdiction or is otherwise unable to pay its debts as they fall due.
16. Disclaimer of warranties
Our services are made available to you on an "as is" basis. Except for any guarantees and warranties provided by law that cannot legally be excluded or limited ("non-excludable guarantees"), we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose. Our liability for breach of any non-excludable guarantees is limited, at our option, to providing the relevant service again or refunding the relevant proportion of fees actually paid by you (unless the non-excludable guarantee says otherwise).
Our maximum aggregate liability in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, will be the total of payments actually made to Trade Me by you under this Agreement in the 12 months immediately prior to the first claim by you in relation to this Agreement. Neither of us will be liable to the other under this Agreement for any incidental, indirect, special or consequential loss; or any loss of opportunity, revenue, profits, data or anticipated savings. In addition, under no circumstances will we be liable for any third party costs, loss or damages; or any costs, loss or damages based on a third party claim.
You confirm that you either own or have permission to use all of the content that you upload to our site or otherwise make available via our platform when using our services, and that you (and Trade Me) will not infringe the rights of any third party by making that content available. You agree to indemnify Trade Me from any liability whatsoever relating to your use of our services (except to the extent we are at fault).
19. Trade Me's terms
Trade Me's standard terms and conditions and policies, including our job listing policy and our Scout terms and conditions, as set out on our websites (and as updated from time to time), form part of this agreement and shall (with all necessary modifications) apply so far as is possible to this agreement. If there is any conflict between these terms and other terms on our websites, these terms shall prevail.
20. Credit information
You agree that Trade Me may conduct a credit check on you, and may collect and hold information about you, which may be passed on to a credit reporting agency for the purpose of conducting a credit check.
You acknowledge that the service being purchased by you from Trade Me is not a service of a kind ordinarily acquired for personal, domestic or household use or consumption. If you are purchasing the service for the purposes of a business, you acknowledge that you are not entitled to claim any of the remedies provided under the Consumer Guarantees Act 1993 and that the provisions of that Act do not apply to you.
22. Emails, etc.
We may send you (and your staff who list Jobs and otherwise use our products and services under this Agreement) regular newsletters, SMS messages and emails promoting and marketing Trade Me Jobs products and services to you ("Messages"). Depending on the type of Message (e.g. some Messages about your account may be excluded), our Messages will generally have an "unsubscribe" option to allow you to stop receiving similar Messages.
This Agreement must not be assigned without our consent. If you, or your parent business, are subject to a change in the persons who ultimately control you ("Change of Control"), this will be deemed to be an assignment and you must notify us. You must give us advance written notice of a Change of Control to request our permission for any assignment.