Update: Sept 2013
- You must be a human being, accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- One person or legal entity may not maintain more than one free account.
- You are responsible for maintaining the security of your account and password. Prof1t cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Payment, Refunds, Upgrading and Downgrading Terms
- All paid for options have the following payment options: credit card, debit order, EFT. Free accounts are not required to provide a credit card number.
- When you upgrade from the free trial to any paying option we will immediately bill you.
- The Service is billed monthly in advance and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only South African taxes. All pricing excludes VAT
- For any upgrade or downgrade in plan level, you will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Prof1t does not accept any liability for such loss.
- Annual price increase comes into effect in October of each year by 10%
Cancellation and Termination
- You are solely responsible for properly canceling your account. An official e-mail request to cancel your account and Prof1t confirmation reply is considered enough for cancellation. You can cancel your account at any time.
- All of your User access will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Prof1t, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Prof1t service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Prof1t reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Prof1t reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Prof1t Site (www.prof1t.net) or the Service itself.
- Prof1t shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the data you provide to the Service.
- Prof1t does not pre-screen Content, but Prof1t and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend Prof1t against any claim, demand, suit or proceeding made or brought against Prof1t by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Prof1t (and associated Companies) for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Prof1t in connection with any such claim, demand, suit or proceeding; provided, that Prof1t (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Prof1t of all liability); and (c) provides to You all reasonable assistance, at Your expense.
- You are entitled to use the Prof1t technology to manage e-Recruitment, you shall not use, or permit the use of the service for any purpose not contemplated in these terms and conditions.
- It is specifically recorded that you shall not be entitled to sell, let, license, transfer, transmit, allow access to, or otherwise distribute the service, or any part thereof, to any third party without the express prior written approval of the Company. It is also recorded that a breach of this clause is material and a breach thereof will lead to an immediate suspension of the service.
- We will perform regular continuous back-ups of you database/s.
- You must inform Prof1t of any technical difficulties encountered.
- Ensure the accuracy of the data entered.
- You must exercise you own discretion regarding the suitability of any Employee or User making use of the system.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Support for Prof1t services is only available in English, via email.
- You understand that Prof1t uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Prof1t , or any other Prof1t service.
- You may use Prof1t subdomains (e.g., yourname.prof1t.net) solely as permitted and intended by the Prof1t tools, and for no other purpose. You may not use Prof1t subdomains in violation of Prof1t's trademark or other rights or in violation of applicable law. Prof1t reserves the right at all times to reclaim any Prof1t subdomain without liability to you.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Prof1t.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Prof1t customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Prof1t) of other Prof1t customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Prof1t does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that GitHub shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Prof1t has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Prof1t to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Prof1t and govern your use of the Service, superseding any prior agreements between you and Prof1t (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under South African law.
- Nothing in this agreement shall constitute a partnership or a joint venture between the parties, nor authorise either of the parties to incur any liability on behalf of the other, save where such liability is especially provided for in this agreement.
- Neither party shall cede their rights or obligations set out in this agreement without the prior written consent of the other party.
- Customers may access their Prof1t data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Prof1t, is bound by these Terms of Service plus the following specific terms:
- You expressly understand and agree that Prof1t shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Prof1t has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Prof1t via the API may result in the temporary or permanent suspension of your account's access to the API. Prof1t, in its sole discretion, will determine abuse or excessive usage of the API. Prof1t will make a reasonable attempt via email to warn the account owner prior to suspension.
- Prof1t reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Amendments to Software
- In the event of the Client requesting changes to the software.
- You shall follow and complete the standard Change Request Document (CRD) Process.
- We shall review the request and advise you of the viability of the proposed change.
- In the event that the change is specific to you the costs thereof will be for your account and all changes agreed to by the parties shall be reduced to writing and signed by both parties before commencement.
- Any amendments to the software will be at the cost and expense of Prof1t, except if same is specifically requested by you and managed via the CRD Process.
Limitation of Liability
- We are not responsible for the accuracy of any information contained in your database nor will make any representations or warranties whatsoever, whether express of implied, to you.
- We will not be liable in terms of this agreement, in delict, contract warranty or otherwise for any indirect or consequential damages suffered byyou, howsoever arising and the you indemnify Prof1t accordingly.
nothing in this agreement shall constitute a partnership or a joint venture between the parties, nor authorise either of the parties to incur any liability on behalf of the other, save where such liability is especially provided for in this agreement;
10.4. neither party shall cede their rights or obligations set out in this agreement without the prior written consent of the other party;