This page (together with the documents referred to on it) comprises the Terms and Conditions ("Terms") under which you may make use of our services offered on Our Sites. Please read these Terms and Conditions carefully before you start to use Our Sites. By accessing, logging in or in any way using Our Sites, you shall be deemed to have accepted these Terms. Upon such acceptance and in consideration of the mutual benefits set out herein, it is agreed as follows:
1. Our Agreement and Capacity
The Terms set forth are the terms and conditions under which you agree to use Our Sites and our Services. These Terms shall be applicable to all dealings between us and you.
2. Our Agreement
2.1 We agree that we shall, subject to these Terms permit you access to Our Sites in order that you may post your job vacancies and where available receive CVs containing details of persons who may potentially be suitable for a role within your organization from recruiters ("the Services"). You agree that any recruiter registered with Ahoy Employ ("Ahoy Employ Recruiters") shall be permitted access to Our Sites to recruit for your open position and submit Candidate CVs or information of persons who may be suitable ("Candidates") for your consideration.
2.2 We commit to making any reasonable effort to hide your company's name and identity from the marketplace and will only make available such information to Ahoy Employ Recruiters when engaged by you to work on a particular vacancy. However, it is your sole responsibility to ensure that you don't mention your company's name or identity when posting a vacancy, especially when completing job description and Candidate requirements. We shall not be held responsible or liable for any harm caused should your company's identity be revealed before engaging an Ahoy Employ Recruiter.
2.3 The parties agree that the following terms shall apply with regard to the provision of candidate CVs:
2.3.1 CVs may be submitted when an Ahoy Employ recruiter is engaged on a vacancy
2.3.2 All CV submissions are time and day stamped and Candidates shall be deemed to be represented by the first recruiter who submits the Candidate through Our Sites.
2.3.3 You agree not to contact the Candidate's current employer without express permission from the Candidate or the Ahoy Employ Recruiter representing the Candidate.
2.3.4 A Candidate is deemed to have been submitted as soon as a CV provided to you via Our Sites is opened.
2.3.5 Any Candidate submitted by an Ahoy Employ Recruiter to you for a particular vacancy belongs to this Ahoy Employ Recruiter for a period of 180 days from the date of submission ("Fee period"). But what about another vacancy where another recruiter submits the same candidate?
2.3.6 You agree not to contact the Candidate's current employer without express permission from the Candidate or the Ahoy Employ Recruiter representing the Candidate.
The Ahoy Employ Recruiter shall be required by contract to endeavour to make every reasonable effort to ensure the suitability of Candidates submitted but does not personally establish references and cannot accept responsibility to you for any loss, expense, damage or delay however occasioned (to the fullest extent that the law permits). You are responsible for taking up references concerning a Candidate's skills, qualifications and general integrity, obtaining work permits and satisfying any medical requirements or qualifications as are required by law or otherwise. We assume no liability for hiring decisions made, implicit or otherwise, by use of our Services or Our Sites.
2.4 In the event of Hiring a candidate submitted through Our Sites you agree to notify us within 1 week through Our Sites by choosing "Pay Placement Fee" and to provide details of the initial annual base salary and starting date. Should you fail to provide such confirmation or details, we shall be entitled to our fee in accordance with Clause 3 below, the initial annual base salary being based upon the highest estimate of the salary for the role, calculated either on the basis of information provided by you regarding the role or, if no such relevant information provided, on current market conditions.
2.5 You agree not to directly or indirectly do or attempt to work around, circumvent or otherwise exploit our systems with the intent or effect of depriving us of any Placement Fees. You further agree not to use the services of, engage or otherwise employ any Ahoy Employ Recruiter introduced through us or Our Sites in any capacity other than via Our Sites for a period of 6 months after the submission of any Candidate by that Ahoy Employ Recruiter. This obligation shall survive the termination of these Terms.
2.6 You agree to regularly update the "Hiring Status" on Our Sites and to provide prompt feedback to recruiters either via Our Sites or offline.
3. Fees & rebates
It is agreed the following terms shall apply
3.1 Where a Candidate submitted via Our Sites is employed either by you or a third party to whom you have provided information regarding the Candidate and such an Employment takes place within the Fee Period, you shall pay the fee as calculated in accordance with clause 3.2 below ("Placement Fee")
3.2 The Placement Fee shall be calculated as the percentage set by you on Our Sites of the first year annual base salary, payable to or for the services of the Candidate.
3.3 The Placement Fee shall be payable within 30 days of the commencement of the Candidate's start date or our invoice, whichever is the sooner. We reserve the right to charge interest on overdue amounts at a rate of 3% above prime bank lending rates from the due date until the date of actual payment.
3.4 On receipt of payment, we shall retain the payment as a deposit until the Guarantee Period is cleared. Payment will then be passed to the Ahoy Employ Recruiter, subject to a deduction of our Transaction Fee which shall be 25% ("Transaction Fee"), unless agreed otherwise with the Ahoy Employ Recruiter.
3.5 All sums payable for the services unless otherwise stated are exclusive of VAT and any other duties or taxes.
3.6 A guarantee period of 8 weeks shall apply when hiring a Candidate ("Guarantee Period"). During the Guarantee Period, should the employment be terminated due to the candidate being found to be unsuitable for the position, we shall, subject to the conditions in clause 3.7 being met, pay to you a rebate of 100% of the Placement fee.
3.7 A rebate shall be payable only where the following conditions have been met:
3.7.1 the Engagement ends within the Guarantee period;
3.7.2 you have notified us via Our Sites of the termination of the Engagement within 5 working days of the last date of the Engagement;
3.7.3 the Engagement of the candidate was intended to be permanent;
3.7.4 you have paid us according to the rules set out in clause 3.3. If we have not received the Placement Fee within the next 30 payment days, you are not eligible for the refund;
3.7.5 you are not in breach of any of the other provisions of these Terms;
3.7.6 the parameters of the position into which the Candidate was employed are not altered from those given either verbally or in writing at any stage throughout the hiring process.
3.8 You may not be responsible for paying a Placement Fee for a Candidate submitted to you through us or Our Sites if you previously received that Candidate's CV through another source and you have notified us of the same, with supporting evidence within 5 working days of receipt of the Candidates CV. Notwithstanding the above if the CV submission from an Ahoy Employ Recruiter directly led to the Employment of the Candidate, you are in any event responsible for paying the Placement Fee. If the CV submission from the Ahoy Employ Recruiter did not directly lead to the hiring of a candidate, then we shall not seek a Placement Fee. In order to have your Placement Fee waived, you must provide the proper evidence that the Candidate's Employment was not the result of the submission by an Ahoy Employ Recruiter, but rather the result of having received the CV previously. We will investigate and make the final determination on which source led to the employment. If it is determined that the Candidate Employment was a direct result of a submission by an Ahoy Employ Recruiter, you will be liable for payment of the invoice. You must notify us within 30 days of the invoice date in writing in order to request waiver of payment.
3.9 "Employment" for the purposes of this clause and the remainder of the Terms means the engagement, employment, hire or use of a Candidate, whether directly or indirectly, in whatsoever capacity, whether on a contract of employment, contract for services or via the medium of a third party "Employ", "Employed" and "Employs" shall have the corresponding meaning.
4. Authorized User, Use and Responsibilities
4.1 All text, graphics, sound, video and other materials posted on Our Sites (the "Content") are the sole responsibility of the person from which such Content originated. We do not control the Content posted via the Service or Our Sites and, as such, do not guarantee the accuracy or quality of such Content. We will not be responsible or liable to any third party for the content or accuracy of any materials posted or submitted by you or any other user of the site.
4.2 You agree that you will not:
Use the Services or Our Sites to post any out of date, misleading or inaccurate Content or Content that invades the privacy of another person (such as posting personal contact information without prior written consent), is harmful, harassing, tortuous, libellous, defamatory, derogatory, obscene, discriminatory, otherwise unlawful, or which causes or may cause harm, offence or embarrassment to us, our affiliates or any Candidate or Ahoy Employ Recruiter;
Use the Services or Our Sites to post any Content to which you do not have adequate rights to post, including Content which infringes or misappropriates any copyright, trade secret, patent, trademark, right of privacy or publicity, or other proprietary rights of any party, and/or content which you are obligated by fiduciary or contractual obligation to keep secret;
Use the Services or Our Sites to post or transmit spam, or other unsolicited commercial emails, including without limitation, multiple postings of similar messages and linking to unrelated sites;
Disguise the origin of any Content posted by you, including forging header information or misstating your affiliation with any group or individual;
Post or use the Services or Our Sites to transmit any material that contains viruses, malware, spyware, worms, Trojan horses or any other computer code intended to obfuscate, destroy or limit the functionality of any computer system;
Use the Services or Our Sites for any commercial purpose, other that envisaged by this agreement including, without limitation, the sale of any item, without express prior written permission from the moderator;
Sell, copy or modify the Content or reproduce, display, for any public or commercial purpose; or
Otherwise use the Services to violate or in violation of any applicable law or regulation;
Other than in accordance with the terms of this agreement pass or allow any Content or other information relating to our Services or our Sites, to be passed to third parties without our prior written consent.
In the event you violate any of the terms of 4.2, in our sole opinion we may remove your content from the site and terminate your ability to post Content.
4.3 If you submit Content to us you agree to grant us a royalty-free, perpetual, irrevocable, sublicense able, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also grant to us the royalty-free, perpetual, irrevocable, sublicense able, non- exclusive right (including any moral rights) and license to use, reproduce, communicate to the public and display the name and trademark of their organization and status as a contributor of user Content to Our Sites. You warrant and represent that you have the authority on the behalf of your employer, if applicable, to enter into this license agreement and that you or your employer are the holder of any rights, including moral rights in such content and trademarks, and that you or your employer have completely and effectively waived all such rights and validly and irrevocably granted to us the license stated above. Subject to the foregoing, the owner of such content and trademarks submitted to us retains any and all rights that may exist in such content and trademarks.
6. Availability of Service
6.1 The Services and/or our Sites you select may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be able to receive the Service. All Services are provided on an AS IS basis.
6.2 We or our suppliers may, at any time, without notice or liability, restrict or suspend the use of the Service or Our Sites or limit its time of availability in order to perform maintenance activities and to maintain session control.
7. Links to other Web Sites
Our Sites may contain links to other sites. Unless expressly stated, these sites are not under the control of Ahoy Employ or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on Our Sites does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
Those wishing to place a link to our Sites on other sites may do so only to the home page of Our Sites http://www.ahoyemploy.eu without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Ahoy Employ.
9.1 You are hereby granted a revocable, non-exclusive, non-transferable license by us to access and use the Services and Our Sites. Except as specified in Section 9.2, the software and materials ("Software") used by us to provide the Service to you contains copyrighted material, trade secrets, and proprietary information owned by us and our third party licensors, providers, or suppliers. You may not access the Services or Our Sites for the purpose of de-compiling, reverse engineering, disassembling, attempting to discover any source code or underlying ideas or algorithms of such Software. Nor are you permitted to access the Services or Our Sites for the purpose of modifying, renting, leasing, loaning, copying, sublicensing or distributing any portion of the Software. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that we or our third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades.
9.2 Any trademarks and service marks used by us to identify our products and services belong to Paymaster Cape cc. You have no rights in such marks except as specified in writing between the parties.
You shall indemnify and hold us, our managers, officers, members, employees and agents, harmless in respect of all claims, including losses, costs, damages and expenses, (including reasonable legal fees and court costs), brought against us whether by you, the Candidate or any third party, relating to or arising from or in connection with your use of the Services or Our Sites in violation of the law and/or these Terms.
11. No Warranty
We do not warrant that Our Sites will operate error-free or that any Ahoy Employ site and its servers are free of computer viruses or other harmful mechanisms. If your use of any of Our Sites or content results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
The information and materials contained on our site, including text, graphics, information, links or other items are provided "as is", "as available". We do not warrant the accuracy, adequacy or completeness of this information and materials. We provide Our Sites, to the extent permitted by law, without representation or warranties (whether express or implied) of any kind, including but not limited to non- infringement of third party rights, fitness for a particular purpose, and freedom from computer virus, the accuracy, completeness, currency, design, suitability or efficacy of Our Sites.
12. Ahoy Employ's Liability
Ahoy Employ acts as a marketplace to introduce employers and recruiters so they can work together to fill job openings with qualified Candidates. We do not provide any work finding services, nor do we locate suitable Candidates to fill any advertised positions. As a result, we have no control over the quality, safety or legality of the vacancies posted or CVs submitted, the truth or accuracy of the vacancies, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any Content and we make no representations about any jobs, recruiter qualifications, CVs or Content on our site. We act as a passive conduit for the online distribution and publication of Content and have no obligation to screen communications or information in advance and is not responsible for screening or monitoring Content posted by users. You assume all risks associated with dealing with other users with whom you come in contact through Our Sites. Because user authentication on the Internet is difficult, we cannot and do not confirm that each user is who they claim to be.
13. Limitation of Liability
13.1 Ahoy Employ's aggregate liability for all claims arising from these Terms, regardless of the nature of such claim, shall not exceed the total amounts paid by you to us in connection with the Services provided hereunder.
13.2 Except for your infringement, misuse or misappropriation of our or our licensor's intellectual property, and your indemnification obligations set forth above, neither party shall be liable to the other for any indirect, incidental, special, exemplary, punitive, or consequential damages in connection with these Terms, however abused whether based on contract, tort, warranty or other legal theory and even if such party has been informed in advance of the possibility of such damages or such damages could have been reasonably foreseen by such party.
13.3 The parties agree that the limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. You acknowledge that we have set our prices and entered into these Terms in reliance on the disclaimers of warranty and the limitations of liability set forth in these Terms and that the same forms an essential basis of the bargain between the parties.
13.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such case, you agree that our liability will be limited to the maximum extent allowed by applicable law.
14. Term and Termination
14.1 The Terms shall become effective upon registration on Our Sites and shall remain in effect for so long as you continue to access and/or use the Service or Our Sites.
14.2 Ahoy Employ may terminate the Terms and your access to and use of the Service or Our Sites upon notice to you if you breach the Terms or alternatively on the provisions of 7 days notice. Upon termination of these Terms, you shall immediately cease all use of the Services and Our Sites.
15.1 Neither party shall be liable to the other for failure or delay in the performance of a required obligation if such failure or delay is caused by strike, riot, fire, natural disaster, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of the non performing party ("Force Majeure"), provided that such party gives prompt written notice of such condition and resumes its performance as soon as possible.
15.2 Each party acknowledges that this is the complete and exclusive statement of the agreement between the parties, and that these Terms supersede all prior proposals, understandings and all other agreements, oral and written, between the parties relating to these Terms.
15.3 We may change the Terms at any time, should we make any such change we will communicate such a change either via a general amendment notice issued to the email address registered on our system or by notification on the log in page of Our Sites.
15.4 We may, at our sole discretion, which need not be exercised reasonably, terminate the Services, or prevent or limit your use of Our Site.
15.5 You agree to bear sole responsibility for any banking charges.
15.6 The headings in these Terms are provided for convenience only and do not affect the interpretation of any clause in these Terms.
15.7 If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms shall remain in full force and effect.
15.8 We may change published fees from time to time. All changes will be updated in these Terms.
15.9 Marketing and Promotion
Without in any way limiting any other rights of Ahoy Employ pursuant to this agreement you agree that Ahoy Employ may disclose the fact that your organization is or has been a user of our Website for the purposes of promoting the Ahoy Employ brand in any medium or manner to third parties.
15.10 These Terms and Conditions are determined by Canadian law.
Privacy & Policy
This privacy statement was last updated in February 2017 and discloses the privacy practices for Ahoy Employ Canada Inc (hereinafter referred to as Ahoyemploy.ca) website. Ahoyemploy.ca is committed to protecting the privacy of our users. This statement is to inform all users of how we intend to use any personal information that has been collected specifically through the website at the following URL: http://www.ahoyemploy.ca.
We hereby notify you of the following:
1. What personally identifiable information is collected via this website.
2. Details of the organisation collecting the information.
3. How collected information is utilised.
4. With whom personal information is shared.
5. Your rights in respect of your personal information.
6. The kind of security procedures that are in place to protect the loss, misuse or alteration of information under our control.
7. How you can correct any inaccuracies in the Information.
Should Ahoyemploy.ca decide to change this privacy statement, we shall post such changes on our website and so that users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
If you have questions or concerns regarding this privacy statement please contact our customer support by email on firstname.lastname@example.org.
Please note that Ahoyemploy.ca may not be held responsible for the privacy policies or practices of other website's to which you choose to link to from the Ahoyemploy.ca website. Please review the privacy policies of these websites individually. Ahoyemploy.ca takes every precaution to prevent the loss, misuse and alteration of all information under our control. When users submit sensitive information via our website, this information is protected both online and off-line.
Notwithstanding such measures, the Internet is an open system and we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes.
Collection of Information
When we collect personal information about you we will collect this information from you lawfully and fairly and not in any unreasonably intrusive way. You acknowledge and agree that we may collect this information from you in connection with or as a consequence of your use of our site.
What we may collect
We may collect the following information:
Name and job title
Information on your employer
Contact information including email address and phone number
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers
Internet Protocol (IP) addresses of all visitors to our sites, traffic data, location data, web blogs and other communication data
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
To provide you with information, products and services that you request from us
To carry out our obligations arising from any contracts entered into between you and us
Improvement of our products and services
Periodic sending of promotional emails about new products, special offers or other information we think you may find interesting, where you have consented to be contacted for such purposes
Internal record keeping
Third Party Services
Ahoyemploy.ca may indirectly provide information about you when you choose to utilise any of our third party or partner services, for example, information to third parties involved in the development or maintenance of our site and the services that we offer, such as third party programmers and website developers, and to third party consultants and our professional advisers in connection with the development of our business. Such information will be subject to, and treated in accordance with the policies and practices described in this statement.
Tracking Data and Information: While using the Ahoyemploy.ca website, be aware that we may gather certain data relating specifically to your usage of the site such as the areas that you visit, the services you access, information about your computer hardware and software, recording of your IP address, browser type, domain names, access times and referring website addresses. Although this information is gathered, please note that is not linked to your personally identifiable information. In addition Cookies (a small data file that your browser writes to your own computer's hard drive in order to remember certain information and is linked to some personally identifiable information while on our site) may be used to store your Handle and Password so that you don't need to type these in each time you log in, thereby saving time whilst on our website. Should you choose to reject cookies, you may still browse our site. However, in order to login cookies are required to be turned on. There are two sorts of cookies used on our site: session cookies and persistent cookies. Once you close your browser, the session cookie simply terminates, whereas the persistent cookie remains to enable us to track and target your interests to enhance your experience on our site.
Should a user choose to post any information of a personal nature in public areas on Ahoyemploy.ca such as the Blog , please note that this information may be collected and used by others over whom Ahoyemploy.ca has no control and, as such Ahoyemploy.ca may not be held responsible for third party usage of information that you willingly post or that you have chosen to make available in public areas on Ahoyemploy.ca
Disclosure of Information
If required by a governmental entity or regulatory authority, Ahoyemploy.ca may disclose such information if legally required to do so or if we believe in good faith that such action is necessary to conform to legal requirements or comply with legal process, to protect the rights or property of Ahoyemploy.ca or its affiliated companies or if required in the event of preventing a crime or to protect the personal safety of users or the public.
Use of Financial Information
Should we need to collect financial information about users for any purpose of transacting with our website, such information may be made available to our partners in certain cases, such as for charging you for requested services. Should we request users to enter sensitive information (such as credit card number), that information is encrypted and is protected using SSL. While on a secure page, such as our registration form, the lock icon on the bottom of Web browsers such as Google Chrome and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just 'surfing'. While we use encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. The servers that we store personally identifiable information on are kept in a secure environment.
If you have so agreed - either when registering with Ahoyemploy.ca or subsequently thereafter - to allow Ahoyemploy.ca to send you email communications regarding updates on the websites, newsletters or systems communications, your consent shall be considered as permission under applicable law and your rights to subscribe or unsubscribe to such communications shall be governed under the guidelines as prescribed under Electronic Communications and Transactions Act. Promotional communications and newsletters are optional and may be unsubscribed to by our users.
Ahoyemploy.ca, committed to permission-based email marketing practices, has established a no-tolerance Anti-Spam Policy. Ahoyemploy.ca may update this policy and provide notice of any changes on its home page. Your use of this website constitutes your acceptance of the terms and conditions of our Anti-Spam policy. Spam is considered as commercial email or unsolicited bulk email, including junk mail, which has not been requested by the recipient. And is not the same as permission-based email communications.
If you believe that you have received Spam connected to Ahoyemploy.ca in any way, send a complaint including the unsolicited email, to email@example.com.You may also provide any other information that you believe may help a Ahoyemploy.ca investigation. Ahoyemploy.ca does not investigate or take any action based on anonymous Spam complaints.
According to Tammy Sherger, meetings are your untapped opportunity, your solution and your unique, competitive business advantage. I bet you never thought of a meeting as your competitive advantage, right?
Ever wondered about:
the financial and human cost of meetings?
identifying typical employee behaviors in meetings?
distinguishing between problematic behaviors in meetings?
When I met Tammy of The Meeting Revolution at the CPHR Alberta conference in Edmonton last week, she made a highly valid point: “We are all subjected to hours of meetings every week, and it makes up the most significant part of our work day. We go to university to become knowledgeable experts with the skills and expertise specific to our industry. Even in high school we are introduced to meetings through group projects. But, nobody has ever trained you how to structure a meeting, behave in one, or manage one to be productive and effective. Nobody!”