Advertiser Terms and Conditions

These terms and conditions ("the Agreement") apply to any party ("the Advertiser") wishing to engage Six Figures International Pty Ltd (ABN 57 127 043 645) ("Six Figures") for the provision of online recruitment advertising services ("the Services") through their website at www.sixfigures.com.au ("the Site"). Please read these Terms and Conditions carefully before accessing or using the information and services available through the Site. By accessing or using the Site, the Advertiser agrees that it has read, understood and agrees to be bound by Six Figures' Terms & Conditions.

• 1. Services

• 1.1 Six Figures provides the Services to employers or representatives of employers seeking to fill employment positions attracting a minimum gross salary package of AU$100,000.
• 1.2 Advertisements will become live on the Site only when the Advertiser has approved all information, design work, set-up, artwork and logos in writing.
• 1.3 Advertisements are posted for a minimum of 30 calendar days. Notwithstanding this, the Advertiser and Six Figures may agree in writing to shorten or lengthen this period.
• 1.4 Six Figures reserves the right to individually charge for any multi-job listing that appears within the same employment advertisement.
• 1.5 Six Figures shall make such modifications to any advertisement as are reasonably requested by the Advertiser. Six Figures reserves the right to charge at an agreed hourly rate for the time involved in connection with such modifications.
• 1.6 Links to the Advertiser's website or websites associated with the Advertiser will be permitted to appear in any advertisement placed without Six Figures' prior consent, however, Six Figures reserves the right to remove such links at its absolute discretion.
• 1.7 Six Figures shall be entitled at any time without notifying the Advertiser, to make changes to advertisements which are necessary to comply with any applicable security or statutory requirements and shall determine, at its absolute discretion, the manner in which the changes are applied.

• 2. Setting up an account

• 2.1 The Advertiser is required to register and create an account with Six Figures if the Advertiser wishes to engage the Services of Six Figures.
• 2.2 The Advertiser may establish either a casual account, where payment is required within 14 days of the advertisement being published to the Site, or subject to credit checks and with the consent of Six Figures, establish a credit account with Six Figures.

• 3. Quotation

• 3.1 The quotation for advertising rates and other fees charged are to be agreed to by Six Figures and the Advertiser in writing prior to the advertisement being displayed on the Site or prior to the provision of Services.
• 3.2 All rates are in Australian dollars and exclude GST.

• 4. Payment

• 4.1 Six Figures will provide the Advertiser with an invoice stating Six Figures’ fees in relation to the Services provided to the Advertiser.
• 4.2 The fee for any online recruitment advertising service provided by Six Figures must be paid within 14 calendar days of the invoice being issued, unless other terms of payment have specifically been agreed to by Six Figures in writing.
• 4.3 If the Advertiser fails to make any payment by the due date referred to in clause 4.2, all moneys owing by the Advertiser to Six Figures shall immediately become due and payable and the provisions of clause 4.4 shall forthwith apply to such moneys.
• 4.4 Six Figures reserves the right to charge interest on any overdue invoice at the rate of 18% per annum, calculated daily on a compounding basis for each day that such invoice remains overdue.
• 4.5 If the Advertiser submits payment by using a credit card and that payment is unable to be made for whatever reason, the Advertiser agrees that they will be liable for all charges and costs associated with resubmitting a request for payment.
• 4.6 The Advertiser may remove an advertisement from the Site before the advertisement has reached its expiry date but the Advertiser shall not be entitled to a refund for the time not used.
• 4.7 The Advertiser shall be required to pay the invoiced amount in full for the agreed advertising period, notwithstanding any unused Services remaining at the expiry of that period. Unused Services may not be carried over to any subsequent advertising period.

• 5. Six Figures' obligation

• 5.1 Six Figures will use its reasonable endeavours to enable Registered Members the facility for viewing the Advertiser's advertisement on the Site.
5.2 Six Figures will use its reasonable endeavours to publish the Advertiser's advertisement or provide other agreed online recruitment advertising Services to the Advertiser by the agreed date.

• 6. Advertiser's obligations

• 6.1 The Advertiser hereby undertakes and warrants to Six Figures:
• 6.1.1 that the Advertiser will use all reasonable precautions against access to the Site by any unauthorised persons, including but not limited to the use of user names and passwords and the securing of information relating to communications between the Advertiser and the rest of the Site;
• 6.1.2 to respond to all applications from Registered Members;
• 6.1.3 that the Advertiser will not use any information obtained from any Registered Member for the purpose other than the assessment of the person's suitability for the role being advertised;
• 6.1.4 that any information supplied by the Advertiser is accurate, complete and true;
• 6.1.5 that the Advertiser owns the copyright in or has authorisation from the copyright owner to upload, post, transmit, share, store or otherwise make available to Six Figures for use on the Site any advertisement which contains a name, pictorial representation or video;
• 6.1.6 that the Advertiser will not perform any refresh or reposting of advertisements purely for the purpose of restoring the Advertiser's advertisements to the top of any search listing;
• 6.1.7 that the Advertiser will keep the status of the Advertiser's advertised job position up-to-date and inform all job applicants of their acceptance or rejection at each stage of the application process;
• 6.1.8 that material uploaded, posted, transmitted, shared or otherwise made available to the Site is free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties;
• 6.1.9 that each advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
• 6.1.10 that no advertisement contains any data, image or other material which;
• (a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
• (b) is defamatory, threatening or racially, ethnically or otherwise objectionable;
• (c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
• (d) infringes the rights (including, without limitation, the intellectual property rights) of another person;
• (e) is designed or likely to cause disruption to any computer system or to any network; or
• (f) is illegal or designed or likely to induce an illegal act.
• 6.2 The Advertiser agrees to provide Six Figures, in such a format as Six Figures may request, any information, design work, artwork and logos necessary to enable Six Figures to provide the Services.
• 6.3 Unless agreed otherwise, the Advertiser will only include branding on the Site where the Advertiser has consented to such branding appearing.
• 6.4 The Advertiser will obtain the express consent of a Registered Member prior to submitting, copying, supplying, re-selling, distributing or making available his or her CV to any third party.

• 7. Error or delay

• 7.1 Six Figures does not accept liability for any consequences, howsoever arising, due to error or delay in the Service and has the right at its absolute discretion to decline to publish or omit, suspend or change the position of any advertisement accepted by it.

• 8. Right of refusal

• 8.1 Six Figures reserves the absolute right, without giving any reasons, to decline, cancel or remove any advertisement or provision of the Services for any reason and at any time without prior notice.

• 9. Reporting illegal content

• 9.1 Six Figures may, at its absolute discretion and without prior notice, report to the relevant authorities any advertisement or online recruitment advertising service used, which in its reasonable opinion is being used for an improper or illegal purpose by the Advertiser.

• 10. Intellectual property

• 10.1 All intellectual property rights (including future copyright) in the formation and other material appearing on the Site vests in and is the exclusive property of Six Figures, its assigns and licensors. The Advertiser may not and must not allow or permit other parties whether or not on the Advertiser's behalf, to copy advertisements or other similar activities unless the Advertiser have obtained the prior, written permission of Six Figures.
• 10.2 All intellectual property uploaded by the Advertiser to the Site constitutes an assignment of the intellectual property from the Advertiser to Six Figures.

• 11. Confidentiality

• 11.1 Six Figures retains all property rights in all information and all other knowledge relating to Six Figures, the Services including the technology and design of the services, the way the Services are implemented, the personnel, policies and business strategies of Six Figures and the terms of the agreement (including pricing) which come into the Advertiser's possession from any source, or information which is treated by Six Figures as confidential regardless of its form, or which is designated by its nature as confidential, but excluding information in the public domain or which may be obtained from Six Figures without restriction ("Confidential Information").
• 11.2 The Advertiser will not use Confidential Information which the Advertiser acquires from Six Figures for any purpose which may cause Six Figures loss, whether by way of damage to Six Figures' reputation, financial loss, or otherwise.
• 11.3 The Advertiser will keep confidential the CVs and all other information supplied by Six Figures or Registered Members to the Advertiser or the Advertiser's employees or agents.

• 12. Liability

• 12.1 While Six Figures will attempt to verify a Registered Member's details, it does not guarantee the truth or accuracy of such details. Six Figures accepts no responsibility or liability as to the suitability of Registered Members who respond to advertisements.
• 12.2 Six Figures disclaims all liability to the maximum extent permitted by law for liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Advertiser's use of (or inability to use) the Site.
• 12.3 Six Figures does not accept liability, of any description, however arising, for any loss or damage caused to the Advertiser, or any other third party, arising from any virus or other impairing computer program contained in any CV or other documents submitted by any Registered Member.
• 12.4 Six Figures does not accept liability for:
• 12.4.1 any loss of copy, artwork, photographs, data or other materials that the Advertiser supplies to Six Figures; or
• 12.4.2 any mistakes or errors whatsoever that arise during the course of publication of any advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Advertiser.
• 12.5 To the maximum extent permitted by law, the Advertiser agrees to limit the liability of Six Figures for breach of these Terms and Conditions or any other law or legislation to having the Services supplied again.

• 13. Warranties

• 13.1 All warranties, conditions and representations whether express or implied (other than express warranties stated by Six Figures in writing) are excluded except in circumstances whereby Six Figures is by law unable to exclude or limit liability.
• 13.2 Six Figures makes no warranty that the Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programs and/or that the Site shall operate uninterrupted and error-free.
• 13.3 Six Figures does not warrant that any advertisement placed on the Site will attract applications from its Registered Members, or that any advertisement placed on the Site will lead to the placement of a successful candidate in the advertised position.
• 13.4 Without limiting the generality of the above, the Advertiser warrants that nothing in the material lodged for publication on the Site breaches any laws in any State or Territory of Australia and the Commonwealth of Australia.

• 14. Relevant law

• 14.1 These Terms and Conditions are governed by, and must be construed in accordance with the laws of the State of Victoria.

• 15. Indemnity

• 15.1 The Advertiser agrees to indemnify Six Figures and its partners, directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partly, directly or indirectly, for using the Site.
• 15.2 The Advertiser indemnifies Six Figures in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered or incurred by Six Figures (including, but not limited to, economic loss and all legal costs and disbursements on a full indemnity basis) caused by the Advertiser and/or any wilful, illegal or negligent act or omission by the Advertiser.

• 16. Termination

• 16.1 Six Figures may cancel any advertisement, terminate any agreement, or commence legal proceedings against the Advertiser to recover any overdue amount including legal costs in relation to any action taken against the Advertiser by Six Figures, if:
• 16.1.1 the Advertiser fails to pay for any online recruitment advertising Services provided by Six Figures, in accordance with any agreement between the Advertiser and Six Figures and these Terms and Conditions;
• 16.1.2 the Advertiser breaches the Terms and Condition of this Agreement;
• 16.1.3 the Advertiser commits an act of bankruptcy;
• 16.1.4 the Advertiser becomes insolvent;
• 16.1.5 the Advertiser, in the opinion of Six Figures, is in breach of any law or regulation;
• 16.1.6 a receiver, administrator, liquidator or manager is appointed over any of the Advertiser’s assets; or
• 16.1.7 if the Advertiser resolves to wind up the Advertiser's company.

• 17. Dispute resolution

• 17.1 Any dispute under or arising out of this agreement shall be referred to arbitration by a single arbitrator. The arbitration shall be conducted in accordance with the rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators and Mediators Australia ('IAMA') and subject to those rules, in accordance with the provisions of the Commercial Arbitration Act 1984 (Vic).
• 17.2 The parties agree and accept that the determination of the arbitration is final and binding.

• 18. Compliance with foreign law

• 18.1 Six Figures makes no representation that the content of the Site complies with the law of any country outside Australia. If the Advertiser accesses this Site from outside Australia, the Advertiser is responsible for ensuring that the Advertiser complies with all laws in the place where the Advertiser is located.

• 19. Amendments

• 19.1 Six Figures may vary these Terms and Conditions from time to time at its absolute discretion.
• 19.2 If a material change to the Terms and Conditions is made, Six Figures will notify the Advertiser by placing a prominent notice on the Site identifying the change, or by notifying the Advertiser of the change via email.

• 20. Privacy policy

• 20.1 The Advertiser confirms that the Advertiser has read, understood and agrees to be bound by Six Figures' Privacy Policy.

• 21. Suspension

• 21.1 Six Figures reserves the right to suspend or close the Advertiser's account at its absolute discretion in the event of, but not limited to the events referred to in clause 16 or breaches of these Terms and Conditions.

• 22. Severance

• 22.1 If any provision of these Terms and Conditions is held unenforceable in whole or in part, these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision.