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Home > Terms and Conditions
Terms and Conditions
- Acknowledgment and Acceptance of Terms and Conditions
The terms and conditions appearing hereafter comprise the entire agreement between the Member (as hereinafter defined) and the Company (as hereinafter defined) and supersede all prior agreements between the parties regarding the subject matter contained herein.
By completing the registration process and clicking the "accept" button, you are indicating your agreement to be bound by all of the terms and conditions of the Company as hereinafter appearing.
- Definitions
- In this Agreement where the context so admits the following expressions shall have the following meanings namely :-
"Agreement" means the completed application form (and its attachment(s) and the terms and conditions herein.
"Commencement Date" means the date specified by the Company in writing in its notice to the Member either through Nineo.com, email and/or conventional mail indicating the acceptance of the application by the Member to the Service.
"Company" means Nineo & Co Pte Ltd.
"Date of Termination" means the expiry date of the notice of termination given under clause 10(i) herein.
"Nineo" means the internet web site of the Company at http://www.nineo.com.
"Member" means an individual subscriber for the Services, including the Student Professional, or corporate subscriber for the Services and the undersign, whose particulars are contained in the application form and includes his successors and permitted assigns.
"Services" means the services to be provided by the Company to the Member at Nineo including the provision of facilities for the following :
- in the case of a Student Professional seeking work he/she loves, to make postings of resumes or curriculum vitae of the Member submitted by the Member or compiled from the personal data and information submitted from time to time by the Member and transmitted to Nineo pursuant to the terms and conditions hereunder for the purpose of seeking employment through the Company's internet network at Nineo and its internet links;
- in the case of a Member who wishes to secure employment through Nineo and its internet links, to insert advertisements at Nineo and to access Nineo from time to time subject to the terms and conditions hereunder for the purpose of securing employment from the Company's internet network at Nineo and its internet links.
"Services Guide" means the information and description of the Services for the Member from time to time provided by the Company and contained in Nineo.
"Registration Data" means all particulars and information of the Member requested on initial application and subscription, including but without limiting to the Member's name, mailing address, email address, account and telephone number.
- Words importing the singular shall include the plural and words importing one gender shall include the other.
- Commencement of Service
The Service shall commence on the Commencement Date.
- Fees (Applicable for Corporate Customers Only)
- This clause shall not be applicable to individual work seeking Members who access or make postings of information and data at Nineo for the purpose of seeking employment vacancies or opportunities through the Company’s internet network at Nineo. The services shall be provided free of charge for these individual work seeking Members.
- The fees for posting a project or hiring a student professional may be levied upon the customer upon the customer’s request to view contact details of a Student Professional.
- Liability for the Subscription Fees shall accrue from the Commencement Date.
- Payment
- Where Fees are payable, it shall be payable at or within such time as is stated in the invoice(s) issued by the Company to the Member.
- The Member, who is liable to pay Fees, shall pay the Fees on demand notwithstanding that the Member disputes the same for any reason. In the event that a dispute is decided by the Company in the Member's favour, the Company shall refund to the Member any excess amount paid by the Member free of interest.
- In the event of late payment by the Member of any sums due under this Agreement, the Company shall have the right to charge interests on the outstanding amount (at the rate specified in the Company's bill) from the due date until the date of full payment.
- Member's Obligations
The Member shall:-
- be responsible for the set-up or configuration of his equipment for access to the Service;
- comply with all notices or instructions given by the Company from time to time in respect of the use of the Service;
- be solely responsible for obtaining, at his own cost, all licences, permits, consents, approvals and intellectual property or other rights as may be required for using the Service;
- comply with the rules of any network or network service provider through which the Member accesses the Service;
- be solely responsible for all information retrieved, stored and transmitted through the Service by him;
- be solely responsible for the accuracy of the Registration Data given to the Company on initial application for the Service;
- be solely responsible for the maintenance of confidentiality of and the Member's password and user ID and all activities and transmission performed by the Member through his user ID;
- immediately notify the Company of any unauthorised use of the Member's account or any other breach of security known to the Member; and
- Prohibited Use
The Member undertakes:-
- to comply with all applicable laws (and shall not contravene any applicable law) of the Republic of Singapore relating to the Services, including without limitation, the Broadcasting and Television Act, Common Gaming House Act, Computer Misuse Act, Copyright Act, Electronic Transactions Act, Films Act, Indecent Advertisements Act, Maintenance of Religious Harmony Act, Telecommunication Authority of Singapore Act, including any regulation made pursuant thereto and any items and conditions of any license granted to the Company by the local internet service provider;
- where it is a corporate Member, not to allow any person other than the authorised person(s) named in the application form to use the Service;
- not to use the Service for any unlawful purpose including without limitation criminal purposes;
- not to use the Service to send or receive any message which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
- not to persistently send messages or make postings on Nineo or to any other Member or third party who access Nineo without reasonable cause or for causing any threat, harassment, annoyance, inconvenience or anxiety to any person;
- not to introduce, post or transmit any information or software which contains a virus, worm or other harmful component into the internet or Nineo network system;
- not to infringe any intellectual property rights of any person or retain information in any computer system or otherwise with an intention to do so;
- not to print, download, duplicate or otherwise copy or use any personal information of any Member which is identifiable and/or available on Nineo, including in particular the Registration Data;
- not to delete, vary or amend any data and information posted by any other Member on Nineo except such data and information which is posted by the particular Member himself;
- not to violate, or attempt to violate the security of Nineo and/or any web sites linked to Nineo or gain unauthorised access to any computer system connected to the internet or any information regarded as private by other Members or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the Member is not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization;
- not to share the Service with any person without the prior written approval of the Company and shall use the Service only for the purpose for which is subscribed; and
- not to do anything or cause anything to be done which may be in breach of the Internet Code of Practice, any regulations, guidelines, instructions, etc in whatsoever form that the Singapore Broadcasting Authority may issue from time to time relating to the Service or otherwise.
- Security and other features
- The Member shall take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy of his user ID and/or password and shall not reveal the same to any other person(s).
- Where a user ID is necessary to access the Service, the Member shall use only his own user ID.
- The Member acquires no rights to any mailbox number, the user ID, circuit reference and any codes assigned to him by the Company and except as otherwise proved herein, the Company reserves the right to change or re-assign the same to the Member at its sole discretion without being liable to the Member in damages or otherwise.
- In the event of theft or loss of user ID, password or security word, the Member must notify the Company immediately by telephone and concurrently provide the Company with a written notice to that effect. The Member shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
- Maintenance of Service
The Company may at any time deactivate or suspend the Member's access to Nineo and/or the Services (as the case may be) without notice to carry out system maintenance, upgrading, testing, repairs and other related work. Without prejudice to the other provisions of this Agreement, the Company shall not be liable for any loss and damage, costs and expense that the Member may suffer or incur, and no fees or charges payable by the Member to the Company shall be deducted, refunded or rebated, as a result of such deactivation or suspension.
- Termination of Service
- Either the Company or the Member may terminate this Agreement by giving prior notice in writing of 30 days.
- The Company may in its sole discretion waive or accept in writing a shorter period of notice from the Member than that referred to in clause 10(i).
- Clause 10(i) is subject to the condition that where notice is given by the Member on or after the 20th day of a calendar month, this Agreement will be terminated only on the last day of the following calendar month.
- Notwithstanding clause 10(i), the Company may terminate this Agreement with immediate effect:-
- if in the opinion of the Company, the Member has breached any of the terms or conditions of this Agreement (including without limitation clauses 6 and 7;
- if the Member has provided any false or incomplete information to the Company;
- if, in the opinion of the Company or any regulatory authority, it is not in the public interest to continue providing the Service to the Member for any reason; or
- if the Member is declared a bankrupt or the Member enters into any compromise or arrangement with its creditors or an encumbrancer lawfully takes possession or a receiver is validly appointed over the whole or part of the undertaking of the Member or proceedings are taken for the appointment of an administrator of or the winding up of the Member.
- Liabilities for Project Fees upon termination
- In the event of termination of this Agreement pursuant to clause 10(i), without prejudice to any other remedies available to the Company, where Project Fees are payable, the Member shall be liable for Project Fees until the Date of Termination.
- In the event of termination of this Agreement other than in accordance with clause 10(i), without prejudice to any other remedies available to the Company, where Project Fees are payable, the Member shall be liable for Project Fees up to the Date of Termination.
- The above amounts payable by the Member upon termination shall be payable within 30 days of the relevant Date of Termination.
- Upon termination of this Agreement, the Company may use such deposits (paid by the Member) as may be held by the Company to offset any amount due from the Member under this Agreement or any other agreement between the Company and the Member, and the balance thereof shall be refunded to the Member free of interest.
- Suspension of Service
- Without prejudice to any other rights or remedies of the Company and notwithstanding any waiver by the Company of any previous breach by the Member, the Company may suspend the Service or any other service provided by the Company in the event that any monies payable by the Member for the Service or that other service is not settled in full or any deposit or increase thereof required by the Company is not paid by the Member.
- Upon such suspension, the Service or such other service shall be deemed to be terminated as from the date of suspension stipulated by the Company and the Member shall be liable for all charges and fees incurred up to and including the date of such suspension and clauses 11(iii) and 11(iv) shall apply.
- Notwithstanding the foregoing, upon subsequent payment by the Member of such sums as demanded by the Company, the Company may if it deems feasible at its sole discretion and subject to such terms as it deems proper, reconnect the Services or services, as the case may be, in which event this Agreement shall continue as if the same has not been terminated.
- Other charges
In the event that the Company's employees or agents are called upon to attend to a fault at the Member's premises, the Company reserves the right to impose charges for the service if the fault is not directly attributable to any of the Company's equipment or networks. The Company's invoice shall be conclusive evidence of the Member's request for such services.
- Disclaimer
- Whilst every care is taken by the Company in the provision of the Service, the Company shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service.
- The Member shall be solely responsible, and the Company shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations and all the terms prescribed by Singapore Telecommunications Limited and the Telecommunications Authority of Singapore for the use of any telecommunications systems, service or equipment shall be at all times complied with.
- The Company makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Services or Nineo. To the fullest extent permitted by law, the Company disclaims any representation or warranty, whether express or implied, as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of Nineo, the Services and/or any database content (whether contained in Nineo or otherwise), and no warranty whatsoever is given that Nineo will be uninterrupted or error free, or in relation to the database content obtained or to be obtained from or through use of Nineo and/or the Services unless otherwise specifically mentioned in this Agreement.
- The Company's liability under this Agreement shall not in any event exceed the total amount of fees and charges paid by the Member to the Company for the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim.
- The Company shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the Member's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed nor does it endorse any opinion expressed by any Member on Nineo.
- The Company does not warrant that Nineo or any of the web sites linked to Nineo will be free of any operational errors nor that it will be free of any virus, worm, or other harmful component.
- The Member acknowledges that it is not the Company’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to a third party in or through Nineo.
- Without prejudice to the other provisions of this Agreement, the Company may refuse, suspend, terminate, delete or amend any artwork, materials, information or content of any data or information or posting, or refuse such data or information to be posted at Nineo, so as in the sole opinion of the Company, if it is of the view that such posting is inappropriate for whatever reasons, to comply with the legal or moral obligations as placed on the Company and to avoid infringing a third party’s rights or any other rules, standards or codes of practices that may be applicable to the posting or Nineo or the internet.
- Use of Data
The Member hereby agrees and irrevocably authorise the Company to:
- use any data and information supplied by the Member in connection with this Agreement for the Company's own internal and marketing purposes, to its supplying such data and information to any other associated companies or selected third parties to use for such purposes, and to its supplying such data and information to such third parties as may be necessary for the operation of Nineo.
- allow all data and information supplied by the Member in using the Service to remain at Nineo for the use of the Company in accordance with clause 15(i) herein, notwithstanding the termination or suspension of the Service to the Member herein. Unless the Member informs the Company to delete all such data and information following the termination or suspension of the Service to the Member, such data and information remain in the Company's property, records and databases.
- Indemnity
The Member shall indemnify and hold harmless the Company at all times against all actions, proceedings, costs, claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation, infringement of intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising which the Company may sustain, incur, suffer or pay arising out of or in connection with the use of the Service by the Member or any act or omission of the Member thereof.
- Confidentiality
- Both parties hereby agree not to divulge nor communicate to any person (other than those whose province it is to know the same) nor use or exploit for any purpose whatsoever (other than that contemplated in this Agreement) any confidential information which may or may have come to his knowledge by reason of or in connection with this Agreement, and hereby further agrees that they shall use all reasonable efforts to prevent their employees, officers, agents and consultants from so acting, except where the prior written consent of the other party is obtained or where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any relevant regulatory body.
- The Company maintains a policy of strict confidentiality of all data and information submitted by the Member and the Company shall not, save as provided for under clause 15 herein, release such data and information to any persons without the prior consent of the Member.
- The Member is entitled to access to his own data and information stored in the Company's database and at Nineo (subject to prior confirmation of identity) and may edit or amend such data and information at any time.
- Variation
- The Company reserves the right to amend the terms and conditions contained herein and in the Services Guide at any time upon notice (in such form as may be determined by the Company) to the Member.
- If the amendments are effected by posting the changes as a start-up screen prior to the Member's subsequent use of the Service. If the Member agrees to be bound by the amendments, variations, adding to and/or modifications, the Member must again click the "I Accept" button that will follow the posted changes. If the Member does not click the "I Accept" button, the Company may terminate the Member's use of the Service immediately without further notice to the Member.
For the avoidance of doubt, the Member's continued use of the Service following the amendments constitutes an affirmation and acknowledgement of the amended terms and conditions and also constitutes an agreement by the Member to abide and continue to be bound by the terms and conditions herein as amended or varied.
- Without limitation to the generality of the foregoing, this Agreement is deemed to be varied to the extent that the Member requests for any variation in the Service and such is agreed to in writing by the Company.
- Modification to Service
- The Company also reserves the right to modify or discontinue the Service with or without notice to the Member. Save for paid service, a pro-rated refund shall be affected for the remaining unused period.
- The Company shall not be liable to the Member or any third party should the Company exercise its right to modify or discontinue the Service.
- Assignment
The rights and obligations under this Agreement shall not be capable of assignment by the Member without the prior written consent in writing of the Company, but subject thereto, shall be binding on and ensure for the benefit of his successors and permitted assigns.
- Governing Law and Jurisdiction
This Agreement is governed by the laws of the Republic of Singapore and the Member and the Company hereby submit to the exclusive jurisdiction of the Singapore courts.
Please note the Tripartite Guidelines on Non-Discriminatory Job Advertisements set by the Ministry of Manpower, NTUC and the Singapore Business Federation. The complete guidelines are available on Ministry of Manpower's website. In specific:
RACE
Race should not be a criterion for the selection of job candidates as multi-racialism is a fundamental principle in Singapore and selection based on race is unacceptable. Job advertisements featuring statements like “Chinese preferred” and “Malay preferred” are therefore unacceptable. GENDER
Where practical requirement of the job dictates the need for employees of a particular sex, this must be supported by valid reasons. In addition, words or phrases that suggest preference for job candidates of a particular gender such as “female working environment” or “waitress” should not be used in the job advertisements.
- Service Guide
- Basic Plan:
- Any corporate customer can search through the database to hire any student professional directly, upon the payment while adhering to the terms and conditions as described in this agreement.
- The contact information for the freelancers provided is provided by the freelancers themselves. This information will be valid as of the date of signing the contract.
- Nineo does not provide any guarantee in this hiring process of completion of work, quality of student professional, or availability of student professional. Nineo does not guarantee interest from freelancer’s side to work on the project either.
- If the client successfully grants the project to a student professional hired through Nineo, and the Student commits to the project, however due to any reason, is not able to perform or has to leave in the middle of the project, Nineo does not take the liability for the project’s completion.
- In the cases described in point (iv) and (v), Nineo will not provide contact information for more student professionals without further charge as per the terms and conditions described by this agreement.
- All intellectual property generated by the Student Professional, during the period he is working on the project, is under the ownership of the client.
- If due to any reasons beyond the control of Nineo, the student professional is unable to continue work on any project, no refund shall be provided to the corporate customer under the basic plan.
- Expert Plan:
- Any corporate customer can define the requirements for the student professional through an online form at the Project Posting Web Page, following which Nineo will provide an interviewed student professional upon the payment while adhering to the terms and conditions as described in this agreement.
- The contact information for the freelancers provided is provided by the freelancers themselves. This information will be valid as of the date of signing the contract.
- Nineo provides a guarantee in this hiring process of quality of student professional, however does not guarantee the completion of work on the project or availability of student professional after the stipulated time as in the project description on the day of the commencement of the agreement.
- If the client successfully grants the project to a student professional hired through Nineo, and the Student commits to the project, however due to any reason, is not able to perform or has to leave in the middle of the project, Nineo guarantees a replacement student professional within a time period of 1 week.
- All intellectual property generated by the Student Professional, during the period he is working on the project, is under the ownership of the client.
- If due to any reasons beyond the control of Nineo, the student professional is unable to continue work on any project, no refund shall be provided to the corporate customer under the expert plan.
- All corporate clients will be allowed a rating for the student professional working on their project. In the case of the rating being below an average of 7 per week, the corporate client may ask for a replacement of the student professional.
- Premium Plan:
- Any corporate customer can define the requirements for the project through an online form at the Project Posting Web Page, following which Nineo will manage the entire project upon the payment while adhering to the terms and conditions as described in this agreement.
- No direct contact between the corporate client and student professional will be required.
- If Nineo is unable to deliver the project as per the stipulated deadline, Nineo is liable to refund up to 100% of the project value. This does not include the non refundable management charge.
- All intellectual property generated by the Student Professional, during the period he is working on the project, is under the ownership of the client.
- All corporate clients will be allowed a rating for the work generated by Nineo. In the case of the rating being below an average of 7 per week, the corporate client may ask for a refund and discontinuation of the project.
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