The Workinfo.com Job Description Complier is an internet based platform that is are owned and operated by Workplace Performance Technologies and referred to as The Company. By accessing and using the site you (the “user”) signify that you have read, understood and agree to be bound by these General Terms and conditions of Use (hereafter “terms of use”), whether or not you are a registered user.

USE OF THIS APPLICATION AND ITS RELATED USER DOCUMENTATION IS SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE END-USER LICENCE AGREEMENT (EULA), A COPY OF WHICH IS FOUND IN THE USER DOCUMENTATION. YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THE EULA IN ORDER TO USE THIS SOFTWARE.

The software described in this brochure and its related user documentation are protected by copyright law. In no event, shall any part of the related user documentation be copied, reproduced, distributed, transmitted, stored in a retrieval system, or translated into any language, without the express written permission of Workplace Performance Technologies (Pty) Ltd. Contact Workplace Performance Technologies (Pty) Ltd at our Web site: www.workinfo.com

If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) Workinfo.com and/or its services.

Workinfo.com reserves the right, at our sole discretion, to change, modify, add, or delete (collectively, “change”) portions of these Terms of Use at any time without further notice. When we change the Terms of Use, we will post the changes to this Terms of Use on the Job Description Compiler home page and indicate the date that these alterations were applied, at the top of the page.

Your continued use of the Service or the Site after any such changes will be considered notice of your acceptance to agree with the Terms of Use. It is your responsibility to regularly check the site to determine if there have been changes to this Terms of Use and to review such changes.

In consideration of your use of the Workinfo.com Job Description Compiler, you agree to maintain the confidentiality and security of your user login identification and password

Intellectual property rights

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved.

No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to User Content (as defined below) that you legally post on the Site.

Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, and content acquired where you are the idea owner (Idea published under your real name), you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.

Such limited license is subject to this Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time without notice and with or without cause.

Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Platform improvement submissions

You acknowledge and agree that any questions, improvement comments, suggestions, ideas, feedback or other information about the Workinfo.com site and its functionalities (“submissions”) shall become the sole property of Company to use or implement at its sole discretion. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Electronic communications

You consent to receiving communications from us electronically and agree that such means of communication shall be valid for the purpose of any communication required to be given by us to you, and shall, without limiting the generality thereof, be considered to fulfill any requirement that a communication be in writing.

Disclaimers

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE PLATFORM CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party content, Software or Content you post or share on or through the platform, your use of the Service or the platform, your conduct in connection with the Service or the site or with other users of the Service or the site, or any violation of this Agreement or of any law or the rights of any third party.

Governing laws

This site is controlled, operated and administered by us from South Africa, and you agree to the applicability to the laws of South Africa as if this agreement was concluded at Johannesburg, South Africa. If you access this site from locations outside of South Africa, you are responsible to ensure compliance with all local laws.

Package upgrades	If a user would like to upgrade to a larger package, the upgrade fee will be the difference between the existing license fee paid by the user and the current license fee for the advanced version.
License Fee	Included in license fee is the cost of the first year's hosting fee, as well as the number of software users specified in each package. The license fee for the advanced version is the fee as published on the Workinfo.com website from time to time. The published license fees may vary from time to time to take into account increased costs. The license fee published on the Workinfo.com website takes precedence over any printed fee structures.
Annual Hosting Fee Increases	The upgrade fee is the difference between the existing hosting fee paid by the user and the current hosting fee for the advanced version.
	The hosting fee for the advanced version is the fee as published on the Workinfo.com website from time to time.
	Please note that the published hosting fees may vary from time to time to take into account increased costs.
	The hosting fee published on the Workinfo.com website takes precedence over any printed fee structures.
	Any increases in hosting fees will be effective from twelve months after the expiry of the first year's hosting fee.
	Services included in the hosting fee:
	Daily server backups of user databases. The maximum period for which data may be lost due to server crashes is 24 hours.
	24 hour - 7 days a week access to the Workinfo.com Job Description Compiler, except for published downtime due to server and/or software maintenance or upgrades.
Software Users	Included in each license fee is access for one client user.
	License holders for Silver, Gold and Platinum version are automatically issued with a three user license included in the License Fee. Multiple accessing of the database is tracked using cookies.
	Where usernames and passwords are used by multiple users, the client will be billed for any additional license seats.
	Where in the opinion of Workinfo.com, usernames and passwords are subject to illegal access by non license fee holders, Workinfo.com retains the right to either cancel the service or require the user to login with a unique password in each and every instance.
	Additional user license fees may be purchased for an annual fee of R1, 500.00.
Job description requests (generic templates)	License holders may request a job description not present in the database for a once off fee of R250.00 per job description.
	Workinfo.com will generate a generic job description according to the details provided by the user (that is, the job description shall contain generic tasks and job description overview).
	Once compiled the generic job description will be loaded into the master database.
Job Description Database	Workinfo.com will release additional job descriptions from time to time.
	Such job descriptions shall be released in the master database and shall be accessible by all users without additional cost.
Job Description Software Updates	Workinfo.com may release additional upgrades to the Workinfo.com Job Description Compiler.
	Such software upgrades are included in the annual hosting fee.
	Users may request additional functionality to the software, in which case the user will be quoted for any development time at a rate of R300 per hour.
	Any additional functionality added to the software will be available to all users unless the requested functionality is unique to the user.
Additional Modular Releases	Workinfo.com will from time to time release additional modular components that may use the Job Description Compiler as an enabler and will add additional functionality to the product. Examples of such releases may include a salary survey tool, interview questionnaires and performance management tools. These additional modular releases are not included in the Workinfo Job Description Compiler license fee and will need to be purchased separately. Preferential rates will however be given to existing licence holders.
Batch loading	Licence holders may request the batch loading of employee and departmental profiles using a format provided by Workinfo.com.
	Licence holders may request the batch loading of existing organisation job descriptions provided the job descriptions are available in electronic editable format (e.g. MS Word, Word Perfect, MS Excel or Lotus). PDF, PowerPoint or non editable versions cannot be batch loaded.
	Employee or departmental profiles or job descriptions will not be accessible by other license holders. The batch uploading of data will be performed at a rate of R300 per hour. Provided the information has been compiled in a format agreed with Workinfo.com, the batch uploading of data should never exceed one hour.
Internet downtime or power failures	Workinfo.com can not be held liable for any losses experienced due to power failures or internet downtimes. Daily server backups of user databases will be conducted by Workinfo.com. The maximum period for which data may be lost due to unforeseen occurrences is 24 hours.
Hosting Fees	The hosting fee may be cancelled one calendar month prior to the anniversary of the renewal of the hosting fee.
	No pro rata reimbursements will be made for the unexpired portion of any hosting fee period.
	The period of the hosting fee commences on the date of purchase of the License Fee and continues for an uninterrupted period of 12 months.
	Hosting fees are due and payable on or before the anniversary of the purchase of the License Fee.
Usage	Should the client fail to use the system during the period of the contract, Workinfo.com will not be able to reimburse their fees nor will they be able to extend their contract.
Cancellation Policy	Electronically provided content is provided on a “as-is”, non-refundable, non-returnable basis. Annual subscriptions can not be cancelled before the end of the annual contract period.
Support	Telephonic user support is available during normal office hours, Monday to Friday from 09:00 to 16:00.
	Additional support is provided through an online Knowledge Base, User Forum and online ticketing.
	Users may also interact with other members through an online moderated discussion forum.