Terms of Agreement

Acceptance of terms

We provide the Site subject to these Terms of agreement. Before you (the client) access the Site, it is important that you read, understand, and agree to these Terms of agreement. Please help us keep the Site clean. If you see anything that violates these Terms of agreement, please send details to us.

Responsibilities

Mi4Corners is responsible for:

• sourcing potential candidates
• maintaining a database of candidate details
• managing the referral of candidates
• providing timely candidate information to the client
• providing a monthly report of accepted candidates to the client
• providing access to Mi4Corners' system

The Client is responsible for:

• maintaining their recruitment profile
• reviewing and accepting or rejecting candidate referrals
• maintaining clear records of candidates, their employment and payment details
• advising successful placement of referred candidates within 30 days of the job start date
• completing the monthly report of candidate referrals with updates on placements within 5 working days of receipt

Activation and Fees

After logging in to Mi4Corners website the client can choose to activate their account. Once activated, fees are payable in accordance to the applicable fee schedule that is agreed at the time of activation. Acceptance of a candidates profile binds the client to the payment of any applicable fees that become due in accordance with this agreement and the fee schedule. All amounts disclosed in this agreement and the fee schedules are quoted exclusive of Goods and Services tax (GST) if applicable.

Third parties

The client is given access to candidates to directly place them into a job. The client will not provide candidate details to any third parties for any other reason. This includes, but is not limited to, subsidiary or partner firms of the client that are not covered by this agreement.  

Deactivation and closing account

The client may deactivate or close their account at any time. On deactivation or closure of the account, commissions will continue to be payable for all candidates referred by Mi4Corners and accepted by the client prior to the date of deactivation or closure and placed by the client within twelve months of the candidates availability date at the time the client accepted that candidate.  

System access

Mi4Corners has the right to remove the client's information from the database and accept or reject at its sole discretion any individual, company or organisation registering with it. Mi4Corners may, in certain circumstances, amend the client's details but will inform the client of its intentions in advance. We may refuse the Mi4Corners service to a user at our discretion, or delete any content that in our sole judgment breaches this agreement.

All trademarks, copyright, patents and other intellectual property rights which may exist in the Mi4Corners system are the property of Mi4Corners and its partners and may not be reproduced, or used without the express written permission of Mi4Corners.  

Registration and Password

The client is responsible for maintaining the confidentiality of the client's account, profile and passwords, as applicable. The client may not share the client's password or other account access information with any other party, temporarily or permanently, and the client shall be responsible for all uses of the client's Mi4Corners Site registrations and passwords, whether or not authorized by the client. The client agrees to immediately notify Mi4Corners of any unauthorized use of the client's account, profile or passwords, as the case may be.  

Use of Mi4Corners Content

Mi4Corners authorizes the client to view and access a single copy of the content available on or from the Mi4Corners Sites solely for the client's use. The contents of the Mi4Corners Sites such as text, graphics, images, logos, button icons, software and other Mi4Corners content (collectively, "Mi4Corners Content"), are protected under copyright, trademark and other laws. All Mi4Corners Content is the property of Mi4Corners. The compilation (meaning the collection, arrangement and assembly) of all content on the Mi4Corners Sites is the exclusive property of Mi4Corners and is protected by copyright, trademark, and other laws. Unauthorized use of the Mi4Corners Content may violate these laws, and is strictly prohibited. The client must retain all copyright, trademark, service mark and other proprietary notices contained in the original Mi4Corners Content on any authorized copy the client makes of Mi4Corners Content.

The client agrees not to sell or modify the Mi4Corners Content or reproduce, display, publicly perform, distribute, or otherwise use the Mi4Corners Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Mi4Corners Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Mi4Corners or its licensors, that dilutes the strength of Mi4Corners' or its licensor's property, or that otherwise infringes Mi4Corners' or its licensor's intellectual property rights. The client further agrees to in no other way misuse Mi4Corners Content that appears on this Site. The use of the Mi4Corners Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that Mi4Corners creates to generate or display any Mi4Corners Content or the pages making up any Mi4Corners Site is also protected by Mi4Corners' copyright and the client may not copy or adapt such code.

Account suspension

Accounts are not to be transferred.  We may, with or without cause, suspend the client's account and access to the Mi4Corners service. Circumstances in which we may suspend the client's access to the Mi4Corners service include, without limitation:

• the client's breach of these Terms of agreement;
• any faults, service outages and or other technical problems that inhibit our ability to deliver the Mi4Corners service;
• a request to suspend the client's access received from the police or some other law enforcement agency; or
• if the client does not use the Mi4Corners service for an extended period.

If we suspend the client's access to the Mi4Corners service we are not to the extent permitted by law, liable for any loss or damage suffered by the client or any other party.

Candidate and Client Disputes

Candidates are solely responsible for their interactions with Clients, and Clients are solely responsible for their interactions with Candidates. We reserve the right, although we have no obligation, to monitor disputes between Candidates and Companies, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the membership of one or more Candidate or Company.

Exercising a power or right

A failure or delay by a party in exercising a power or right under this agreement does not operate as a waiver of that power or right; nor does a single or partial exercise of a power or right prevent any other or further exercise of it.

Dispute Resolution

In the event of a dispute between the client and Mi4Corners, an attempt to resolve the dispute will first be undertaken by reasonable consultation. Mi4Corners will continue to provide services and the client will continue to make payment of fees. Clients' are responsible for complying with all relevant laws and legal matters relating to candidate recruitment and no such responsibility passes to Mi4Corners as a result of this agreement.

Software

The software used in connection with the Site is protected by copyright and/or other intellectual property rights. The software is owned and controlled by us or our licensors. We grant the client a non-transferable and non-exclusive licence to use the software solely for the purpose of using the Mi4Corners services, subject to these Terms of agreement. We may terminate the licence at any time without cause or notice to the client.  

The client must not access the Site by any means other than through the home page interface that is provided by us for use in accessing the Site or any other site notified to the client by us.

Limitation of liability

Terms, conditions and warranties implied by law which cannot be excluded, restricted or modified apply to these Terms of Agreement to the extent required by that law.

We exclude to the extent permitted by law all other terms, conditions and warranties which might be implied into these Terms of agreement.

Our liability for any terms, condition or warranty which cannot be excluded at law, is limited at our option to, in relation to services we supply:

• supplying the services again; or
• payment of the cost of having the services supplied again.

The client do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in these Terms of agreement.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE CLIENT.

Subject to any form of liability otherwise implied by law, our total cumulative liability to the client shall not exceed NZD$100.

These terms of agreement shall be governed by and must be construed in accordance with New Zealand law and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters arising under, out of, or in respect of these terms of agreement.

Mi4Corners may change these Terms of Agreement at any time. 30 days notice of such changes will be provided to active clients.