Clubs Terms and Conditions

These terms and conditions outline the rules and regulations for the use of Sabunow.com. By accessing this website, we assume you accept these terms and conditions in full. The use of this site must be terminated immediately if you do not accept all of the terms and conditions stated on this page.

Sabunow.com reserves the right to update the Terms of Use at any time without notice to you. Users are responsible for reviewing information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.

Terms and Conditions for On-Demand Placement Services by Choice Business Solutions Limited.

Choice Business Solutions Limited (“the company”) locates, selects and places Subs for engagement as an independent contractor (“Sub”) to client businesses (“the Club”) on the following terms and conditions:

Use of Services

If any of Sabunow.com Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account.

You are entirely responsible for any and all activities that occur under your account. You agree to notify Sabunow.com immediately of any unauthorised use of your account or any other breach of security. Sabunow.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

However, you could be held liable for losses incurred by Sabunow.com or another party due to someone else using your account or password.

You may not use anyone else's account at any time, without the permission of the accountholder.

Cookies

By using Sabunow.com you consent to the use of cookies. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

We may collect information about your computer, including (where available) your IP address, operating system and browser type, for system administration, statistical purposes. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. On revisiting the Website our computer server will recognise the cookie, giving us information about your last visit. They help us to improve the Website and to deliver a better and more personalised service. They enable us:

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the website.

Unlawful & Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms of use. You may not use the Services in any manner that could damage, disable, overburden, or impair the Sabunow.com server. You may not attempt to gain unauthorised access to any Services, other accounts, computer systems or networks connected to any Sabunow.com server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Save as herein provided, you are prohibited from using or removing any content from the Sabunow.com site by any means for commercial purposes and from using the site for commercial purposes. Where such use of materials is desired the source must first be identified and written consent provided.

Applicable to Registered

Jobseekers may decide to register their information our Registered User database, through Sabunow.com. This product allows summary of your profile to be viewed by companies who have subscribed to this service at the point to which they have broadcast a job and you have indicated your availability.

We endeavour to grant access to the SABU database only to companies who agree to abide by our Terms and Conditions. However, should a third party gain access to your profile by evading our security measures, please note that we cannot be held responsible for the retention, use, or privacy of your profile documents in these instances.

In the interest of your privacy and the maintenance of an up-to-date Registered User database, profiles are removed from recruiters' access if they have not been updated for a period of 12 months. If you wish your profile to remain in the searchable database, you must update your details at least once every 12 months.

Applicable To Employers

SABU Liability

In no event will Sabunow.com be liable for any damages including, without limitation indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract or negligence, arising out of or in connection with the use of the site and persons (subs) utilized as a result of use of this site.

No warranty is given that this website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

Though all measure and security has been put in place to protect the users of this site , we accept no liability in respect of losses or damages arising out of changes made to the content of this website by any third parties. Access to and use of this website is at the users own risk.

Acceptance

  1. These terms and conditions (subject only to any written variation outlined under clause 1) compromise all of the terms, representations and warranties between the parties and take precedence over any prior discussions and/or agreements covering the services to be provided under this agreement by the company to the Club.
  2. Any implied terms, conditions or warranties are expressly excluded from this contract.

Fees

  1. Where a Sub is chosen by client or associated party for On-Demand or temporary services all fees will be payable by The Club member.
  2. Where a Sub is introduced by the company to a client and that Sub is employed full time by either the Club or an associated party of the Club then the company’s standard finder’s fee will be payable by the Club.
  3. The Club shall pay the company the applicable fee even if the Sub is employed by the Club in a different capacity or on a different basis to what the Sub was originally introduced for.
  4. The introduction period will run for a period of (12) twelve months, with such period commencing from the initial referral of the Sub to the Club by the company.
  5. If a Sub supplied by the company to a client is terminated (whether by dismissal or resignation) and within (12) twelve months of that original termination date is re- employed by the Club or offered an alternative arrangement by the Club or an associated party of the Club, then the Club will be charged a fee as per the Schedule of Fees. The fee will apply regardless of the position taken by the Sub.

Payments

  1. The Club will be required to pay charges and fees online by Credit Card online at www.sabunow.com before Sub is allowed commence working.
  2. If credit card is not an option, the Club will pay all charges and fees plus GCT (if any) which have been invoiced to them by the company within (4) business days from the commencement date of a Sub with a client.
  3. If a client does not make payment for a permanent placement four business days after the Sub has started their employment with the Club, then the Club will have null and voided the guarantee period.
  4. The company may at its discretion charge interest, calculated on a daily basis at 5% above its own bank’s base lending rate, if any payment is not made by a client on a due date.
  5. All charges and fees shown under this agreement are exclusive of GCT. GCT shall be calculated and shown in the company’s invoice and must be paid by the Club receiving the benefit of the company’s services.
  6. Any dispute or set off claim raised by a client does not entitle the Club to withhold payment of any money owed to the company.
  7. Any costs incurred by the company or its agents in recovering any debt owed by a client shall be added to the Club’s invoice and be payable by the Club upon demand.

Confidentiality

  1. Any information supplied to a client by the company regarding a Sub is done so on a strictly confidential basis to enable the Club to assess a Sub’s suitability for the position and except where authorised or required by law shall not be disclosed to any third party without the express written consent of the company.
  2. All information disclosed by a client to the company will be held confidential by the company and will not be disclosed to any third party without the consent of the Club.
  3. Any confidential information provided by a client to the company may be accessed by any agent, employee or affiliate of the company in order to complete a successful Sub placement for the Club.

Limitation Of Liability

  1. The company endeavours to obtain accurate details on all Subs including their qualifications and experience. The company is however reliant on the integrity of information supplied to it by potential Subs placed by the company.
  2. The company accepts no responsibility or liability to a client or any associated party whether in contract, tort, statute or otherwise for any error, omission or loss (whether indirect, direct or consequential), costs or expenses (including legal costs) incurred as a result of a Subs acts or omissions.
  3. The Club agrees to indemnify the company against any claim that may arise due to the actions or omissions of a Sub.
  4. The Club acknowledges and agrees that they are solely responsible for the recruitment decision they make. It is important that the Club is entirely satisfied with a Sub before engagement.
  5. If the company’s liability to a client cannot be excluded by operation of law, then the company’s liability is limited (at its option) to either the resupply of the relevant services or the cost of the resupplying the relevant services.

Governing Law

  1. These terms and conditions are governed by the law of Jamaica.

Assignment

  1. The Club is not allowed to assign this agreement or the services to be provided to it by the company to any other organization without the prior written consent of the company.

Advertising

  1. The company will be responsible for the cost of all standard set advertising as disclosed to a client at the time of enquiry.
  2. Any further advertising over and above the standard set advertising e.g. display advertising or advertising in specialised publications shall be at the Club’s sole expense, this includes and is not limited to any goods and services tax payable in connection with any further specialised advertising.
  3. Rates for further specialised advertising over and above the standard set advertising can be obtained from the company upon request by the Club.
  4. Any further specialised advertising fees incurred over and above the standard set advertising are payable by the Club within seven days of the date of the company invoice for the provision of this service.

Psychometric Testing

  1. The company is able to provide psychometric testing of a Sub or Subs through an approved testing company at the request of the Club.
  2. Fees for any psychometric testing undertaken on a Sub or Subs is payable by the Club within (7) seven days of the date of invoice.
  3. Details of cost and testing options are available upon request.
  4. The company will not be held liable for reliance on a psychometric test by a client with respect to any Sub or Subs supplied by the company as such tests only give an indicative outline of a Sub’s abilities.

Other Testing

  1. The company is also able to provide a variety of other testing options with respect to a Sub i.e. medical/drug testing, forklift assessments etc.
  2. Fees for any other testing required by a client are available upon request to the company.
  3. Fees for any other testing undertaken on a Sub are payable by the Club within (7) seven days of the date of invoice.
  4. The Company accepts no liability or responsibility for reliance by the Club on any other testing undertaken on a Sub.

Sub Fees And Guarantee Periods

  1. On-Demand and Temporary Placement
    1. The company fee is calculated as a percentage of the aggregate of Sub payment.
    2. Unless otherwise agreed in writing by the company, the fee calculation will be 35% plus GCT on all placements less than $100,000 JMD and 40% plus GCT on all placements $100,000 JMD and above.
  2. Permanent and Fixed Term Placements
    1. The company finder’s fee is calculated as $60,000 JMD or the equivalent 1/12 of the annual salary, whichever is higher.
    2. For part time positions the fee is calculated on the pro-rated salary.
    3. Fixed term placements of six months or more in duration, are charged at the standard fee. Fixed term placements of less than six months duration are charged at 75% of the standard fee. If a fixed term appointment continues or is extended into a different role after six months, the remaining 25% of the fee is payable.
    4. A minimum placement fee of $60,000 JMD (GCT) will apply for each permanent placement made with a client regardless of salary level for the position undertaken.
  3. Payment Terms for Permanent and Fixed Term Placements
    1. Payment for all permanent and fixed term placements successfully completed by the company for a client is due within (4) four days from the date of commencement by the Sub. Failure to make payment within seven days from the commencement date will null and void the guarantee period.
    2. The Club is also liable for any GCT payable on the placement fee as indicated by the Tax Invoice.

Sub Fees And Guarantee Periods

Acceptance

By communicating via our website you have read, understand and agree to Choice Business Solutions Limited’s Terms and Conditions.