Terms & Conditions
Note that the term “profile” refers to your account that has the details you have registered with.
All Find A Funder services that facilitate applications for bursaries are free of charge. Certain necessary products and services may attract a transaction fee that is payable at the execution of the transaction. Your telephone or Cellular Service Provider will charge all telephone calls that you make to Find A Funder's telephony-based facilities at their normal rates.
You indemnify Find A Funder against all claims, actions, suits, liabilities, costs and expenses incurred on any account as a result of the listing or intended listing of any profile by you on www.findafunder.co.za, or any related site. Find A Funder makes every effort to ensure that Applicant Data is treated in the strictest confidence, however, you will not hold Find A Funder responsible if your profile was unlawfully copied from the Find A Funder website through nefarious means and/or distributed without consent.
Access to the candidate profile database is available only to Find A Funder customer/clients who have been approved for profile search capabilities and whom Find A Funder has issued with privileged access codes to search the Find A Funder database. Such Find A Funder customer/clients may access the candidate profile database for the purpose of identifying candidates whom they would like to fund, perform trend analysis or other legal business related functions. While Find A Funder will make every effort to ensure that Find A Funder customer/clients adhere to this undertaking, you herewith indemnify Find A Funder against wrongful conduct, of any kind, by Find A Funder customer/clients or any other person or company. You hereby fully acknowledge that Find A Funder customer/clients will purchase rights from Find A Funder in order to view student/graduate profiles. You hereby acknowledge that Find A Funder will use student/graduate profiles in order process reports that will help Find A Funder and it's customers/clients with legal business functions.
While Find A Funder will implement precautionary measures to ensure that the Find A Funder website is free from viruses, Find A Funder cannot and does not guarantee or warrant that files available for downloading through the site or delivered via electronic mail through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient protective software on your system that will satisfy your particular data security requirements and for maintaining a means external to your workstation for the reconstruction of any lost data.
You agree to take precautionary measures to ensure that your profile on Find A Funder is free from viruses or other destructive code. Find A Funder reserves the right to either reject or remove any profile from its site(s) for any reason whatsoever. You acknowledge that your profile will be available outside the borders of South Africa. You agree to present yourself truthfully in your profile on Find A Funder.
Find A Funder makes every effort to display your profile in the shortest possible time. You will however not hold Find A Funder liable for any loss or damage as a result of any failure or delay whatsoever.
You agree, at all times, to deal with any information or products provided by Find A Funder in a manner which abides by all applicable laws of South Africa, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
Students/graduates should take the necessary precautionary safety measures when communicating and interacting with companies as how it would be with the conventional application/recruitment process. To the fullest extent permitted by law, Find A Funder and its associates exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on any services provided by Find A Funder or its associates. Find A Funder and its associates at all times limit their liability to the re-supply, where possible, of services not properly rendered; and where the re-supply of the service is not possible, to the refund of moneys paid for such services. Find A Funder will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to your actions or omissions.
Find A Funder is entitled to use all users data for trend analysis and surveys, however, results shall be published anonymously.
You agree to keep Find A Funder and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against Find A Funder as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by Find A Funder to you.
You may not assign or transfer your rights and obligations to any other person without Find A Funder's prior written approval (which will not be unreasonably withheld).
This agreement is governed by the laws of South Africa. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of South Africa, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
Find A Funder retains all intellectual property rights contained in the data stored on Find A Funder and services provided by Find A Funder, and you agree not to infringe any of Find A Funder's rights without Find A Funder's prior written consent. This includes the use of public domain information represented on Find A Funder. You agree not to use the Find A Funder infrastructure or technology to market any service to Find A Funder.
Terms and Conditions – Customers
Note that the term “subscription” refers to the amount customer’s pay to have access to student profiles and/or place advertisments.
1.1 Find A Funder PTY Ltd (hereinafter referred to as "Find A Funder") and the undersigned business partner (hereinafter referred to as "customer") agree to fulfil the performance of their agreement pursuant to these terms and conditions and the price list. Find A Funder's terms and conditions, together with the additional terms and the price list contain the whole agreement between Find A Funder and the customer. Any terms and conditions of the customer do not apply, unless Find A Funder explicitly consents to them in writing.
1.2 The version of Find A Funder's terms and conditions in force at the time of the last concluded agreement with the customer, shall apply to the relationship between Find A Funder and the customer.
2. Conclusion of Agreement
The agreement is concluded when Find A Funder receives a subscription payment and the customer receives a receipt, which shall contain the date and receipt number. Amendments and additions to the agreement as well as statements and individual instructions must be made in writing. Find A Funder will also store a copy of such a receipt.
3. Description of services
3.1 The agreement obliges Find A Funder to provision the products and perform the services agreed upon in the agreement, displayed at www.findafunder.co.za in accordance with these terms and conditions. The publishing period in relation to access to application service provider products shall be at least 20 hrs per day unless notified prior to maintenance.
3.2 The agreement entitles Find A Funder to use customer data for trend analysis and surveys, however, results shall be published anonymously.
3.3 Non-competition clauses are not accepted.
4.1 Payment for the services performed by Find A Funder is set out in the price list given to the customer. The price list published in the Dated Proposal at the time the offer was made to customer shall prevail. Services that are not included in the Find A Funder price list are subject to individual agreements between Find A Funder and the customer.
5. Conditions of Payment
5.1 Payment referred to in section 4, includes all additional costs such as e-mails, telephone calls, fax, data transmission, copies which are usually incurred. The cost of corrections and proof-reading that have occurred as a result of the customer supplying incorrect data are not included. Find A Funder will inform the customer if the additional costs exceed the average amount in relation to individual orders. The customer is obliged to pay Find A Funder for these additional costs if he or she has consented to them.
5.2 The customer will receive a receipt immediately upon the conclusion of the subscription payment. Find A Funder reserves the right to demand advance payment. Payment is due as per "Payment Terms" stated in the accepted proposal, without deductions. If the parties agree on different payment terms, these terms should be in writing and signed by both parties.
5.3 All prices exclude any VAT legally payable on the date of the receipt.
5.4 If payment is made from abroad, payment by bank transfer from abroad will only be accepted if all bank fees and expenses are paid by the customer.
5.5 Any payments made by the customer will be credited against the oldest outstanding receipt. Find A Funder may refuse to fulfil its services until customer has made all outstanding payments.
5.6 We reserve the right to send all and correspondence in relation to receipts such as but not limited to dunning letters only as an attachment in an email. On that account, the customer undertakes to provide Find A Funder with a valid email address and to promptly inform Find A Funder of any changes in email address.
6. The Basis of Cooperation
6.1 Find A Funder is committed to continually optimize the number of responses to advertisements of the customer and to improve the quality and quantity of the searchable profiles. This can include:
Working together with several cooperation partners in all media (including online, offline, TV, mobile and moving pictures media and any new forms of exploitation). The customer hereby gives Find A Funder the right to publish service elements without prior notice in online and offline media, print media and audio and video media. Find A Funder pays special attention to the image and quality of its cooperation partners:
Ensuring a user-friendly readability on all devices by optimizing the display of advertisements.
6.2 The customer's rights under this agreement are neither transferable nor assignable. The agreement can only be transferred to a third party with Find A Funder's consent.
6.3 As far as Find A Funder has obtained the customer's email address in connection with an order, Find A Funder may, also after the end of the agreement, send information, questionnaires and other commercial communication concerning similar services provided by Find A Funder via email. The customer may opt out at any time with effect for the future without any form requirements and free of charge. Find A Funder will inform about the right to opt out in every email.
6.4 The customer undertakes to provide all information and other documentation required for achieving the objectives set out in the agreement. This includes, in particular, the delivery of advertisement texts and layouts in a digital form. This also includes the customer's obligation to immediately inform Find A Funder if one of the service elements becomes outdated. Furthermore, the customer is obliged to fulfil the requirement to co-operate as described in the corresponding additional terms and conditions or, when available, as described in the product descriptions for the various service elements. If these requirements are not fulfilled in time, Find A Funder's period of performance shall be prolonged accordingly.
6.5 The customer shall ensure that he receives emails from Find A Funder unobstructed and will set Find A Funder as "trusted server". This shall avoid any communication going to client's spam filters. The same applies to correspondence under this agreement.
6.6 Find A Funder reserves the right to not execute orders placed by the customer or to withdraw service elements that have already been published if they breach legal provisions, official regulations, the rights of third parties or good morals or the terms and conditions of Find A Funder ("illegal content"). This also applies if links included in the customer's service elements lead directly or indirectly to pages containing illegal content. The customer's payment obligation remains unaffected. Find A Funder shall only be obliged to remove illegal content that breaches legal provisions and/or at the request of the customer. The customer undertakes to indemnify Find A Funder and hold Find A Funder harmless against all payments and legal costs incurred due to illegal content or breach of law on first demand.
6.7 In particular this includes following content:
If the candidate has to make payments or investments (including training and/or travel fees), this must be made explicitly clear in the service element. The same applies where a commission is paid for the attraction of new members to a closed system.
Service elements must refer to a specific vacant position, job or bursary opportunity.
Ads for club memberships and ponzi schemes, pyramid sales or similar are not allowed. Websites that are linked to, must comply with legal requirements, and must in particular have a section that contains the legal information needed in accordance with South African statutory and case law.
Service elements must not violate anti discrimination law.
Even if the aforesaid requirements are met no content must be published besides the content related to the position, job or bursary opportunity that is irrelevant to the search, such as e.g. competitions, events without career relevance, mere sales campaigns etc.
If these requirements are not fulfilled the content shall be deemed Illegal Content as per clause 6.6.
6.8 Find A Funder bears no responsibility for received data, texts for advertisements or the corresponding storage media, and in particular is not obliged to preserve or return these items to the customer.
6.9 Find A Funder is entitled to use vicarious agents.
6.10 The customer is responsible for configuring and arranging his infrastructure in accordance with the prevailing state of the art so that it becomes neither a target nor a source of disruptions which could affect the Internet service supplied by Find A Funder or trouble and fault free network operation in general.
6.11 The customer guarantees that all of his/her content or parts thereof published by him on the Internet or given to Find A Funder for publication are not encumbered by third party rights. The customer shall indemnify Find A Funder and hold Find A Funder harmless against any damage Find A Funder suffers from an infringement of this provision by the customer on first demand. 6.12 For job service elements that are published or used at websites that are not operated by Find A Funder PTY limited additional requirements and restrictions may apply. Please be informed that in other countries certain additional requirements and restrictions may apply. These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by Find A Funder PTY Limited are provided upon request.
7. Intellectual Property Rights
7.1 This agreement does not transfer any (intellectual) property right, license or right of use from Find A Funder to the customer. All of Find A Funder's rights (including but not limited to copyright, trademark rights, sui generis database rights, logos, titles as well as any other commercial rights) remain Find A Funder's (intellectual) property without restriction.
7.2 All material and content published by Find A Funder is subject to Find A Funder's intellectual property rights (copyright, trademark rights and sui generis database rights), except for the individual elements of such material and content designed by the customer or a third party that are already subject to a customer's or third party's intellectual property rights and that have not been modified/revised by Find A Funder.
7.3 By placing the order for publishing advertisement listings on the Internet, obtains the sole database right to the customer's advertisement listings published in the database by Find A Funder.
7.4 The customer is responsible for ensuring that the content to be published complies with press law, competition law and other applicable provisions.
7.5 By placing the order, the customer warrants and guarantees that he/she has obtained all necessary exploitation rights, copyrights and ancillary copyrights that are required for the publication of his data and content on the Internet.
8. Warranty, Malperformance
8.1 Find A Funder warrants that it will fulfil the services ordered by the customer to be rendered by Find A Funder on the Internet in a manner that complies with usual technical standards.
8.2 Warranty claims shall neither exist in case of immaterial deviations from the agreed quality nor in case of immaterial impairment of the usability. The customer shall notify possible defects in writing immediately and at the latest 7 days after the service elements have been put on the Internet. If Find A Funder's is liable for a defect of a service element, Find A Funder shall initially correct the defect by displaying the service elements for a longer period. Only if this measure fails, the customer is entitled to claim a price reduction for that specific element. Upon Find A Funder's request the customer must inform Find A Funder within a reasonable period if he insists on the delivery of the services or if and what other rights he claims because of the delayed services.
8.3 All liability claims shall become time barred after one year of the date on which the customer was aware or should have been aware without gross negligence of the client giving rise to such claim.
9.1 In case of a violation of Find A Funder's obligations that is not a defect; the customer may only withdraw from or terminate the agreement if Find A Funder is responsible.
9.3 If a claim is raised against the customer by a third party because of an alleged infringement of patents, copyrights, trademarks or business secrets because of a service provided by Find A Funder ("IPR-infringement"), Find A Funder shall indemnify the customer from all costs (including reasonable costs for legal defense) and claims that occur to the customer due to final decisions of a competent court or any settlement agreement entered into by Find A Funder, provided that (i) the IPR-infringement has not been caused by the customer, e.g. in case of publication of illegal content as per clause 6.6, (ii) Find A Funder remains the full control in defending any claims because of an IPR-infringement and (iii) the customer provides reasonable support and all information to enable Find A Funder to fulfil its obligations hereunder. The indemnification in this clause shall not apply for any measures or declarations that have been made without Find A Funder's prior approval and shall not apply if the customer continues an IPR-Infringement after he has been informed of changes or modifications that would have avoided an infringement. If an IPR-Infringement is determined by a competent court or if Find A Funder considers an IPR-Infringement possible, Find A Funder may in its discretion either (i) at its own expense replace or modify its services so that no IPR is breached ,(ii) obtain an exploitation right to use the IPR for the customer or (iii) if measures according to (i) and (ii) are not reasonable or possible, terminate the agreement with immediate effect. The client shall immediately inform Find A Funder in writing, if it becomes aware of such breaches of third party IPR.
10.1 Find A Funder shall treat as confidential all information delivered pursuant to this agreement which is marked confidential. This obligation of Find A Funder shall also continue after this agreement has expired.
10.2 Upon accepting the offer, both parties agree to mutually comply with all applicable privacy and data protection laws.
10.3 The customer is advised in accordance with data protection laws that Find A Funder stores its data in a machine readable form and uses it according to the purposes of this agreement.
10.4 It is the customer's responsibility to treat any ID, password or username or other security device provided for the use of the services with due diligence and due care and to take all necessary steps to ensure that they are kept confidential, secure, are used properly and are not disclosed to unauthorized persons. The customer will be held responsible for any usage of his/her password or his/her username by third parties unless the customer provides evidence that the access to such password or username by such third parties has not been enabled by him/her and that the cause of any such access attained does not lie within his sphere of influence. The customer must immediately inform Find A Funder if it is likely or has become known that someone not authorized is using his password or username or if they are being or are likely to be used in any unauthorized way. In the event of a breach of any material obligations of the customer under this agreement, in particular including but not limited to the infringement of any obligation described in this section, Find A Funder is entitled to immediately interrupt the operation of its services without further notice and without releasing the customer from any payment obligations.
11. Cease and desist undertakings or court orders
11.1 If the customer has received a cease and desist letter due to a product published at Find A Funder, gave an undertaking to cease and desist from certain advertisement (-content) or if a respective court order, judgement or any other court decision has been served, the customer is required to inform Find A Funder immediately in writing about this. If the customer fails to inform Find A Funder, Find A Funder shall not be liable. The customer shall then be required to indemnify Find A Funder on first demand against claims of third parties and shall hold Find A Funder harmless from any eventual damages.
12.1 This agreement shall be effective from the date on which Find A Funder receives a request for the specified services. The term agreed therein shall also begin if another commencement date is agreed upon, with such commencement date. This agreement terminates automatically after the agreed period has expired, unless the additional terms and conditions set out below contain different provisions.
12.2 Service elements can only be ordered during the agreed agreement period. The client's right to order service elements which have not been claimed before the termination of the agreement shall end with the termination of the agreement period.
Additional terms and conditions
1. Description of services
1.1 These additional terms and conditions for bursary listings, job listings, banners and company presentations ("advertisements") apply in addition to our general terms and conditions and prevail in case of doubt. Find A Funder shall publish advertisements on the Internet on behalf of the customer in HTML format. The advertisements may embed GIF, JPEG or PNG files. Other graphical formats and embedded files are not possible.
1.2 The content to be published must comply with following requirements; otherwise they are considered as illegal content with the consequences as per clause 6.6 of Find A Funder's General Terms and Conditions:
Within an ad, only links to the agreed company's online presence are allowed.
Text references and/or links within an ad to further bursary or job offers that are not published at Find A Funder are not permitted. This includes the vacant jobs section at the customer's website.
The request for unsolicited job or bursary applications is not permitted.
Links to competitors of Find A Funder are not allowed unless the customer itself is competitor of Find A Funder and links to its own online presence.
All content of an ad must be directly visible to the user. Unless explicitly offered by Find A Funder as part of Certain advertisements, interactive elements, which are controlled by e.g. clicks or mouse over, and the Customer's own tracking codes are not permitted. In any case links which lead to external pages must be designed in such way that it is perceivable that they link to external pages.
Links are permitted only as "no follow" links, i.e. they must be set in such way they are not used by search engines to evaluate the link popularity.
All content of an ad as must be handed over to Find A Funder and must not include frames or any other forms of download via other servers.
Taking any influence outside the options provided by Find A Funder (indexing and categorization, title and visible text of the ad) is not permitted. This includes in particular without being limited thereto invisible texts (e.g. white text in front of white background, text behind a picture, use of a CSS to conceal text, use of font size 0) and invisible links.
Indexing and categorization, title and visible text of the ad must relate to the position or bursary offered in the ad.
An advertisement must contain the company name and can include a job or bursary description.
The job or bursary description must not refer to different jobs. In the case of a job ad, it must contain the job title and can describe the job and tasks. The job description must describe the vacant job correctly and must not be misleading. The advertised job or bursary must not be amended during the term of publication, additional places of work may not be added during the term of publication. In case of non compliance Find A Funder reserves the right to charge an additional amount subsequently instead of the consequences as per clause 6.6 of the General Terms and Conditions.
A job advertisement may not be published in different language versions and all content needs to be published in English.
1.3 Find A Funder is allowed, but not required, to publish advertisements on websites owned and operated by Find A Funder and directed towards certain professional categories ("Channels") and may refuse publication on Channels in its sole discretion. In addition, Find A Funder is entitled, but not obliged, to publish advertisements in other media, offline or online or by print or to distribute advertisements to third parties for further publishing. Find A Funder cooperates with media partners for this purpose, and hosts the Find A Funder job board or parts thereof at further URLs without requesting prior approval from the customer. A list of cooperating media partners can be requested from Find A Funder. The publication in other media or with cooperation partners, e.g. in case of mobile optimized ads, may be made in a different and/or standardized layout. Find A Funder will not charge any additional fees for such additional performance.
1.4 The customer is aware that content published on the internet is crawled by search engines such as google and others and that these search engines archive the published content. Find A Funder can set a meta tag of the ad that the ads shall not be archived. If an ad is still archived by a search engine Find A Funder shall not be liable and any requests for deletion shall be made to the search engine.
1.5 Find A Funder reserves the right to convert the display of job ads in order to improve the listing quality across all devices.
1.6 The above description of services is comprehensive.
2. Duration of Publication
2.1 Unless otherwise agreed, a job or bursary listing is displayed for a period of 30 days, a banner for a period of 7 days. After the period for which a job or bursary listing is placed, the display of it can be prolonged for more days as long as the prolongation happens within the agreement term. The display prolongation is considered a new placement of the job or bursary listing (for a fee). In case of a quota agreement, unspent credits can be used for the placement of the job bursary listing.
3. Offers that are subject to change: International Deals, free services, bursary or job ads for training and internships
3.1 Offers and rates for international deals are subject to change until the specific advertisement is placed and depend on Find A Funder's continued cooperation with its cooperation partners in the respective countries. A change of Find A Funder's conditions for international deals does not entitle the customer to terminate framework agreements.
3.2 In its sole discretion Find A Funder may offer certain services free of charge from time to time to specific conditions. All services free of charge are subject to change and can be suspended or terminated by Find A Funder at any time. The customer cannot claim continued fulfilment of services free of charge.
3.3 The placement of advertisements for training and internship agreements is provided in accordance with clause 4.2 as self-service.
4.1 The customer is advised and agrees that Find A Funder cannot prevent the unapproved publication of job listings by third parties. Find A Funder shall however, subject to technical and legal limitations, use its best efforts to prevent such unapproved publication. The customer agrees thereto.
4.2 The customer shall hereby assign to Find A Funder any rights in the ownership of a database that may exist with respect to any multiple advertisements delivered to Find A Funder for publication. In particular, the customer acknowledges that Find A Funder is the producer of the database of such job or bursary listings and has the sole database right to the customer's job listings published in the database by Find A Funder.
4.3 An offer from Find A Funder for a price lower than the price mentioned in the price list is only valid in relation to the specific customer and under the specific conditions such an offer was made by Find A Funder. It is not valid for a customer who wants a third party, for example, an agency to act on his behalf.
4.4 The transfer of an advertisement agreement ("reselling") to a third party requires Find A Funder's prior consent.
4.5 Advertisements are place in the adverts for you page as well as the top of the home page. Places of advertisement are set by rotation. That means the customer shares the place of advertisement with other advertisements. All advertisements are displayed for a predefined, recurring time period until the end of the term.
4.6 Find A Funder continually endeavors to optimize the search results at www.findafunder.co.za, having the goal to achieve optimal results for customers. As far as the categorization of advertisements is done by the customer, the customer is obliged to do these in a correct and reasonable way. Find A Funder reserves the right to amend the categorization in its discretion. The customer cannot claim publication of his/her advertisements in specific categories selected by him/her.
4.7 Find A Funder uses a specific layout for the cross-device optimized display of job or bursary ads. Therefore Find A Funder converts job or bursary ads from any layout automatically in an optimized structure of content for cross-device readability without charging additional fees.
These additional terms and conditions for certain advertisements apply to the advertisement products defined in section 1 below (collectively referred to as "Certain advertisements") and apply in addition to our general terms and conditions and the additional terms and conditions advertisements and prevail in case of doubt. The applicability of the general terms and conditions and the additional terms and conditions advertisements to other products remains unaffected.
1 Description of service
The following descriptions of services are an exhaustive description of the services owed by Find A Funder. No further functionalities or services are owed.
1.1 Image Ads On behalf of the customer Find A Funder publishes a Featured Recruiter banner and a Premium Job (hereinafter "Company Ad") provided by customer on the Internet. The Premium Job will be placed at a prominent position of one of the Find A Funder target group Channels. The Featured Recruiter Banner is published in one of the Find A Funder target group Channels. The Featured Recruiter Banner is not subject to rotation. At the Find A Funder target group Channels only one Featured Recruiter Banner will be published per Channel and an unlimited number of Premium Jobs will be published at 10 locations that are subject to rotation. FAF only accepts these ads and Phillip To Specify advertisement sizes (1080x280)
1.2 Job Agent Ad On behalf of customer Find A Funder publishes an advertisement provided by customer in Find A Funder's regularly released Job Agent (hereinafter referred to as "Job Agent Ad"). The Job Agent Ad consists of a text ad and an animated graphic banner. The text ad must not exceed 300 characters (including headers and spaces), the animated ad must not exceed 180×50 px/10 kb. The Job Agent Ad will be published by Find A Funder under strict compliance with the legal requirement to clearly separate adverts from editorial content. The Job Agent Ad may contain a link to certain advertisement published by Find A Funder, an overview of advertisements published by Find A Funder, Find A Funder Company presentation or recruiting events at customer's homepage. Depending on the specific order and unless otherwise agreed, Job Agent Ads are published as follows: Once in an issue of the Job Agent for a specific target group, or Once in an issue of the Job Agent to all candidates that have registered for the Job Agent, or Seven days in a row, each daily in every issue to all candidates that have registered for the Job Agent. This ensures that every candidate that has registered for the Job Agent receives at least one issue containing the ordered Job Agent Ad. Seven days in a row, each in every daily issue targeted at a specific target group. Only one Job Agent Ad will be published per Job Ad. The customer is obliged to provide any material for the advertisement completely and correctly at the time of booking, alternatively two days prior to the scheduled date of publication to Find A Funder at the latest. If the material is not provided to Find A Funder in time, completely and correctly, customer shall have no right to claim publication. Find A Funder's right to payment remains unaffected. The customer is aware that the Job Agent is sent to subscribers only. Subscribers can register for the Job Agent for free, but they will only receive a Job Agent when at least one open position fits the subscribers' profile. Subscribers can unsubscribe from the Job Agent and exclude specific senders, so that Find A Funder cannot guarantee a certain number of recipients.
2 Offers subject to change
2.1 Due to the limited availability of the certain advertisements the customer cannot claim publication in a specific period. However, Find A Funder endeavors to respect the customer's preferences as far as possible. In case of Job Agent Ads this is only possible if Find A Funder is informed of the desired date of publication - or in case of a change request the alternative date - five working days in advance. The customer shall normally be informed about the time of publication within three days, at the latest within one week after placing of the order.
2.2 At any time Find A Funder may change the position of the Image Ad within the website and the appearance of the respective frame. Due to legal reasons Find A Funder may also make amendments, including amendments to the content of certain advertisements as they are subject to section 6.6. and 6.7 of the General Terms and Conditions of Find A Funder.
1. Description of services
1.1 These additional terms and conditions "Database Search" apply in addition to our general terms and conditions and prevail in case of doubt. Find A Funder operates databases on the Internet which contain data of jobseekers or bursary seekers ("candidate"). Candidates can enter their profiles or CV’s into the databases. The customer, that orders access to the candidate database, may directly view profiles and contact the candidates on the platform via the messaging functionality or off the platform. Note that candidates cannot initiate conversations with clients but can only respond.
1.2 Find A Funder only grants access to the Candidate Database to customers for their own business needs. No customer may forward access to the Database to third parties. It is not allowed to access the candidate database for enticement of customers. No customer may place deep links from his own web site to the Database ("Deep Links"). Find A Funder reserves the right to take immediate legal action against any infringement of this clause without giving any prior warning notice.
1.3 The service does not include any data backup for the customer. Data may be removed or deleted from the back-office at any time without giving prior warning. Data will automatically be removed from the CV-Centre for data protection reasons as soon as a candidate deletes his profile from the Database. The Database must not be used for any purposes violating antidiscrimination law.
1.4 Find A Funder recognizes that its CLIENTs may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the CLIENT's rights. Likewise, the CLIENT recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the CLIENT shall perform its obligations under these terms and conditions.
1.5 As individually agreed in the agreement the customer has access to read a specific number of profiles in the database.
2. Obligations of the customer
2.1 The customer warrants that he will comply with all legal provisions, third party rights and good morals. Clause 6(6) of the general terms and conditions shall prevail.
2.2 In particular, the customer warrants to not forwarding or otherwise communicating the personal data of candidates, to respect their confidentiality and to comply with all applicable data protection and privacy rules. Find A Funder recognizes that its CLIENTs may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the CLIENT's rights. Likewise, the CLIENT recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the CLIENT shall perform its obligations under these terms and conditions.
2.3 The customer undertakes to indemnify Find A Funder against all losses, costs, claims, damages or other expenses that are caused by the customer, unless Find A Funder is responsible.
2.4 Candidates are responsible for completing their candidate Profiles. Therefore, Find A Funder does not warrant their completeness, correctness, accuracy or accessibility. Find A Funder does not warrant any degree of response.
2.5 The data of job or bursary registering on the Find A Funder sites ("candidates") is strictly confidential and may only be stored, or used according to applicable data protection laws. The customer is only entitled to contact candidates for filling concrete vacancies. Find A Funder is entitled to block the account of the customer and withhold access to candidate data in cases of infringements by the customer.
2.6 The customer is advised that special terms apply to data transfers outside the Borders of the Republic of South Africa. Generally, such data transfers require the consent of the candidate - even if the transfer occurs within a corporate group.
3. Pricing models
3.1 The price and the details of invoicing are defined in the Find A Funder rate card or the customer's agreement.
4. Nature, Scope and Purposes of the Collection and Use of Personal Data when using the Database
4.1 As part of your use of the Database and upon every access to the Database we will collect and store the Corporate User ID (i.e. based on the user name we will store the identity of the specific user) and the Company ID (i.e. based on the specific user being part of a specific customer, the name of this customer).
4.2 The data collected and stored as per 4.1 will be used in order to avoid abusive use of the Database and thus to ensure a correct billing of the services. It will also be used in order to ensure and monitor that the Database operates properly at all times and in particular to be able to solve eventually occurring issues for specific customers so that the usage of the Database is enabled in its entire scope. Upon entering into the agreement and when using the Database the customer and the specific user agree to the collection and use of the data in this scope.
4.3 Additionally, we will use the data collected as per 4.1 in strictly anonymized form in order to create statistics about the general behavior of the customers in the Database. This allows Find A Funder to design the CV Database in a more customer friendly way.
Find A Funder Search-Space
1. Description of services
1.1 These additional terms Find A Funder Search Space apply in addition to our general terms and conditions and prevail in case of doubt.
Find A Funder grants the non-exclusive, non-transferable right to use the Find A Funder Search Space during the agreement period to the customer. Find A Funder shall provide the customer with the job listing tool Find A Funder Recruiter Space for 20 hours a day.
1.2 Find A Funder provides the customer with a user ID and a password for accessing the server. The customer may change his password at any time. Within the scope of his general responsibilities, the customer must ensure that his/her password can only be used by persons who are authorized to access the Find A Funder Search Space. The customer is also obliged to consider any additional security criteria he has been informed about. If an agency acts on behalf of a customer, the same provisions apply.
2. Data Protection
2.1 If personal data is processed, the customer is obliged to comply with all applicable data protection regulations by concluding suitable agreements with his employees and/or by taking adequate organisational measures. This applies in particular to the collection, processing, editing, transfer and deletion of data. Find A Funder is entitled to store the personal data of the customer and may process this data within the scope of this agreement.
2A. Written Form
2A.1 Contrary to Find A Funder's general terms and conditions the mandatory written form shall not apply. Agreement declarations can validly be made by both parties without any formal requirements.
2A.2 The agreement is concluded, when Find A Funder accepts the customer's order and receipts payment for said order.
2A.3 The products and rates published at Find A Funder's websites are subject to change. Find A Funder endeavors to publish correct products and rates at all times. Find A Funder shall be obliged to provide the products at the defined prices only after the customer has received Find A Funder's acceptance of the order.
3. Terms of Payment
3.1 No agency commission is granted for Online Ordering.
3.2 Find A Funder reserves the right to provide service upon prepayment, only. Otherwise the customer may principally choose to pay via an alternative payment method after placing the order and receiving the receipt. Services will only be released after payment is receipted for the services.
3.3 Find A Funder grants refunds in accordance with statutory provisions.
4. Customer Information Obligations
Pursuant to local law Find A Funder informs the customer as follows:
4.1 In order to make an offer for an advertisement agreement the customer is taken through following technical steps:
Client chooses their respective package (1 or 3 Postings)
Client creates an account and selects "NEXT"
If one advert is selected, the client can load and preview their advert or choose to place it later. If more than one advert is purchased client cannot place or preview the advert until logging on after payment is received by Find A Funder.
Client can select any additional products (30 day extension and or Company Hub) by adding to Basket.
Client confirms items purchased and selects CHECKOUT
Client completes account set up and enters promo code (if applicable) and will be required to agree to Terms and conditions. At this time, the client will need to indicate if an receipt is required before payment can be made.
Client Submits order
Client is taken to PayU site and receives attached email
If client pays via Credit card PayU confirm immediately
If client pays via EFT and use the correct reference number provided on step 8 payment is released by PayU
The agreement is concluded when the customer receives Find A Funder's order confirmation and payment is received and receipted by Find A Funder. Thereafter the advertisement will be published online.
4.3 Find A Funder provides technological means that help to identify and correct any errors entered before the order is placed.
4.4 The agreement language is English.
4.5 Find A Funder will store the customer's order. The customer will not have access to his online order.
1. Description of service
1.1 On behalf of the customer Find A Funder can publish short videos that have been produced with the customer's involvement containing information about customer and open positions on the Internet ("Video Ads"). These additional terms and conditions Video Ads apply in addition to our general terms and conditions and prevail in case of doubt
1.2 This description of services is comprehensive.
2. Rights of use
2.1 Find A Funder offers two types of Video Ads. On the one hand videos that are provided to Find A Funder by the customer (hereinafter referred to as "Find A Funder Videos") and on the other hand such videos that are produced by Customer or Customer Agent for the customer (hereinafter referred to as "Cooperation-Videos"). If the customer has produced the Video Ad he shall not be entitled to publish the Video Ad without Find A Funder's prior approval, unless otherwise is agreed. Find A Funder may also use the Video Ad on websites of its cooperation partners worldwide.
Cooperation-Videos are produced and supplied by the customer.
Find A Funder can the Cooperation-Video or includes it in Video-Ads. The customer warrants and guarantees that Cooperation-Videos will not contain any illegal content and its publication will not violate any applicable laws and will not infringe any third-party rights. Clause 6.5 of the general terms and conditions applies.
4. Find A Funder-Videos Find A Funder and customer agree that Find A Funder shall own (or shall be granted) the worldwide, exclusive copyright (or exploitation right) unrestricted in space and time in and to the Find A Funder-Videos for all existing forms of exploitation. This includes but is not limited to the right of reproduction, right of diffusion, right to broadcast and making available right. Find A Funder may grant sublicenses. After Find A Funder's prior written approval, the customer may publish the Find A Funder-Videos at his website or at websites of its partners. Find A Funder will not unreasonably refuse the approval. Find A Funder may make the approval dependent on payment of an additional fee, unless the Find A Funder-Video was produced by the customer. The customer shall not be allowed to publish the Find A Funder-Video at other boards. The customer warrants and guarantees that Find A Funder-Videos will not contain any illegal content and its publication will not violate any applicable laws and will not infringe any third-party rights. Clause 6.5 of the general terms and conditions applies.