Necta Terms of Use

Necta Terms of Use

This document sets out the Terms and Conditions (“Terms”) on which Necta Nz Limited of 28 Taupo Quay, Whanganui, New Zealand (“Necta”) provides customers with access to applicant tracking and recruitment management services through the www.necta.nz website (“Website”), including any mobile applications.

Please read these Terms carefully before using the Website and the Services. By clicking “I accept” or by executing an Order Form (“Necta Quote”) with Necta that references these Terms on behalf of a company or organisation (the “Customer”), you agree that the company or organisation will be bound by these Terms as a Customer. You warrant and represent that you have full capacity and authority to enter into these Terms on behalf of the Customer.

You may decide to use additional services, which may have additional terms that apply to your use of those services (“Additional Terms”). The Additional Terms form part of the Contract. In the event of any direct conflict between the Additional Terms and these Terms, the Additional Terms will apply.

If you do not accept these Terms, you will not be able to use the Website and Services. Please print and retain a copy of these Terms for future reference. These Terms may be updated from time to time, and it is advised that you refer back to them periodically and before using the Website and Services.

Website & Services
The Website is owned and managed by Necta, a company incorporated in New Zealand. Necta provides services that allow Customers to manage their recruitment process, including posting job openings, screening candidates, and managing the hiring process (“Services”). This includes storing the Customer’s recruitment data (“Storage Service”).

Services include but are not limited to:

  • Adding accounts for “Collaborators” (employees and representatives on the hiring team), allowing individual user access.
  • Creating “Openings,” which describe roles that the Customer seeks to fill.
    Uploading “Customer Information,” such as details about the organisation or any Opening.
  • Publishing and exporting Openings to job boards and social media services.
    Viewing the “Profile” of a candidate, including academic, work history, skills, and employment history.
  • A search tool for locating candidates by skills and qualifications.
    Using AI-powered features to match candidates with Openings.
  • Necta may add, modify, suspend, or cease any element of the Services upon notice to the Customer.

Access to the Website and Services may be granted to the Customer on a trial basis (“Trial”) for up to 10 days. During the Trial, access is free, and is provided solely for previewing the functionality and features of the Services.

Registration & Collaborators
To use the Services, Customers must register on the Website. Upon registration, Necta will confirm acceptance by sending a confirmation email (“Confirmation Email”). The Contract to use the Services starts on the date of the Confirmation Email.

These Terms apply to all Collaborators who access the Services through the Customer’s account. The Customer is responsible for ensuring that Collaborators comply with these Terms.

Collaborators must use corporate email addresses to create profiles. The Customer must ensure that usernames and passwords (“Logins”) are kept secure and that any unauthorised use is reported immediately. The Customer is responsible for any breaches arising from the misuse of Logins.

Customer Obligations
The Customer agrees to:

  • Use the Services and Website in accordance with these Terms.
    Ensure that any data, images, or files submitted comply with all applicable laws and do not infringe any third-party rights.
  • Ensure the accuracy and lawfulness of all data submitted through the Services.
  • Avoid any activities that could harm the Website or Services, such as transmitting viruses or conducting illegal activities.
  • Necta reserves the right to suspend or terminate the Customer’s access to the Services if these obligations are breached.

Interaction with Candidates
The Customer must provide accurate information about job Openings to enable Candidates to make informed decisions. The Customer is responsible for verifying the qualifications and legal work rights of any Candidates.

Necta does not control Candidate behaviour and is not liable for disputes between the Customer and Candidates. The Customer agrees to release Necta from any claims arising from such disputes.

Fees
The fees for accessing the Website and Services are set out on the Website or the Necta Quote (“Fees”). Fees are payable at the start of each subscription term and are non-refundable unless otherwise specified in these Terms. All Fees are exclusive of GST and other applicable taxes.

By agreeing to these Terms, the Customer authorises Necta to charge their credit card, invoice or debit account for the applicable Fees. The Customer is responsible for keeping billing information up to date.

For annual subscriptions, Necta reserves the right to increase Fees by up to 7% upon renewal to account for product improvements or inflation.

Termination
The Customer may terminate the Contract at any time by providing written notice to Necta. Termination will not entitle the Customer to a refund of any pre-paid Fees, and any outstanding Fees will become immediately due.

Necta reserves the right to suspend or terminate the Services if the Customer breaches these Terms or if required by law. Upon termination, the Customer will no longer have access to the Services or Website, and Necta may delete Customer data after 90 days.

Warranties & Limitation of Liability
The Customer warrants that they have the right and capacity to enter into this agreement. Necta warrants that it will provide the Services with reasonable care and skill. However, Necta does not guarantee that the Services will be fault-free or uninterrupted at all times.

To the extent permitted by law, Necta’s liability is limited to the total Fees received in the 1 month preceding the event giving rise to the claim. Necta excludes liability for indirect or consequential losses, including loss of profit, income, data, or goodwill.

Intellectual Property Rights
Necta and its licensors retain all intellectual property rights in the Services and Website. The Customer is granted a limited, non-transferable right to access and use the Services for the duration of their subscription.

The Customer warrants that they own or have the right to use all intellectual property in any data or material provided to Necta. The Customer grants Necta a royalty-free licence to use such material for the purpose of providing the Services.

Data Processing & Confidentiality
Both Necta and the Customer must comply with applicable data protection laws, including New Zealand’s Privacy Act 2020.

Necta processes personal data as a data controller for the purposes of providing the Services. Personal data is processed in accordance with Necta’s Privacy Policy.

Necta may engage third-party processors to provide the Services, and the Customer authorises Necta to use such sub-processors.

Both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the provision of the Services.

General
These Terms are governed by New Zealand law. Any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.