Terms

• "Candidate" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer/Recruiter.

• "Content" includes all Text, Graphics, Design and Programming used on the Sites.

• "Design" includes the color combinations and the page layout of the Sites.

• "Document" refers to any posting to a Site, whether job or resume.

• "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.

• "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.

• "Graphics" includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.

• "Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services. "Gigaminute Web Site" means any web site under Gigaminute control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, Materials and Services (as applicable in each context).

• "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Sites.

• "Services" means any services provided by or its agents described herein and specified more fully in the Distribution and Service Provision Agreement.

• "Text" includes all text on every page of the Sites, whether editorial, navigational, or instructional.

• "User" refers to any individual or entity that uses any aspect of the Sites.

• "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

• "Web Site" means any web site under Gigaminute control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, Materials and Services (as applicable in each context).

GENERAL CONDITIONS OF ENGAGEMENT

Payment Terms & Conditions:

You will be invoiced each pay period for all Gigaminute Worker(s) that are on assignment to you.  Invoices must be paid immediately upon receipt of invoice by EFT, credit card or direct transfer to avoid delays to Worker(s) payments.

Management Fee:

The Gigaminute management fee is calculated as a percentage and is payable on Worker(s) gross remuneration.  This fee is inclusive of Worker(s) statutory requirements for which Gigaminute will be responsible and includes liabilities such as PAYG tax, superannuation, public liability and workers' compensation insurance premiums for employees engaged through 

Gigaminute.Worker payment day: Friday by 5:00PM

Timesheet submission deadline: Tuesday by 12:00PM

Gigaminute Management Fee:         6 % + GST

Late Payment Charges:

In respect of services provided to the Client by Gigaminute Worker(s), any amounts remaining outstanding to Gigaminute will attract a late payment charge as per the ATO’s advertised GIC rate (General Interest Charge) plus 2%, applied pro rata on a daily basis from the end day of the relevant pay period.

Occupational Safety & Health:

Both Gigaminute and you, the Client as Host Employer, have a joint duty of care to comply with all legislative requirements relating to occupational safety and health, along with the requirements under the Gigaminute Terms & Conditions contained within this contract.  You are required to maintain a safe work site at all times and to provide such protective equipment and clothing as may be required for Gigaminute Worker(s) assigned to undertake work on your site(s).  

Minimum Worker Engagement:

Gigaminute Worker(s) must be engaged for a minimum of three (3) hours per shift as per the terms of the Gigaminute Agreement.

Credit Reference Checks:

It is Gigaminute policy to undertake all necessary credit reference checks on entities and individuals that are party to this Contract of Engagement.    

CLAUSES:

Definitions:

1. The following definitions apply in this document:
   "Agreement" means the Contract of Engagement; the provisions of which are set out in the schedules that form part of this agreement and any other subsequent or amended agreement between the parties that refers to this guarantee;
   "Debtor" means the Client referred to in the Reference Schedule;
   "Guaranteed Money" means all amounts (including damages) that are payable, owing but not payable, or that otherwise remain unpaid by the Debtor to the Beneficiary on any account at any time under or in connection with the Agreement of any transaction contemplated by the Agreement, whether present or future, actual or contingent or incurred alone, jointly, severally or jointly and severally and without regard to the capacity in which the Debtor is liable.
   "Guaranteed Obligations" means the obligations of the Debtor to pay the Guaranteed Money and all its other obligations to the beneficiary (monetary or non-monetary, present or future, actual or contingent) arising under or in connection with the Agreement.
   
2. If a party to this document is made up of more than one person, or a term is used in this document to refer to more than one party:
1. An obligation of those persons is joint and several;
2. A right of those persons is held by each of them severally; and
3. Any other reference to that party or term is a reference to each of those persons separately, so that (for example) a representation, warranty or undertaking is given by each of them separately.

Guarantee:

3. Guaranteed Obligations:
   In consideration of any financial accommodation that the beneficiary may make available to or for the benefit of the Debtor, the Guarantor guarantees to the Beneficiary the due and punctual payment by the Debtor to the Beneficiary of the Guaranteed Obligations.
   
4. Consequences of Debtor's defaults:
1. If the Debtor defaults in the due and punctual payment of any Guaranteed Money, the Guarantor must pay that money on demand to, or as directed by, the Beneficiary.
2. If the Debtor defaults in the due and punctual performance of any Guaranteed Obligation, the Guarantor must:
1. Indemnify the Beneficiary against all losses, liabilities and expenses (including legal expenses on a full indemnity basis) that the beneficiary incurs (directly or indirectly) as a result of that defaults; and 
2. Pay the amount of those losses, liabilities and expenses on demand to, or as directed by, the Beneficiary.
   
5. Nature of Obligations and Enforcement:
   The Guarantor's obligations in this document are principal obligations and may be enforced against the Guarantor without the beneficiary first being required to exhaust any remedy it may have against the Debtor or enforce any security it may hold relating to the Guaranteed Obligations.

6. Continuity and preservation of Guarantor's Obligations:
   This document is a continuing guarantee. The guarantor's Obligations in this document are absolute, unconditional and irrevocable. The liability of the Guarantor under this document extends to and is not affected by any circumstance, act or omission, which, but for this subclause, might otherwise affect it at law or in equity.
   
7. Limitation on Guarantor's rights are neutral until the guaranteed Obligations have been irrevocably paid and performed in full, the Guarantor may not exercise any right of subrogation to the beneficiary and may not exercise any rights as surety in competition with the Beneficiary.

Indemnity:

8. Indemnity in respect of the Guaranteed Obligations:
   For the consideration mentioned in clause 3, the Guarantor (as primary obligor) must unconditionally indemnify the Beneficiary against, and must pay the Beneficiary on demand the amount of, any loss that the beneficiary may suffer because:
1. The Guaranteed Obligations are unenforceable; or
2. The Guaranteed Money is not recoverable from the Debtor or is repaid or restored after it has been recovered, including the amount of any Guaranteed Money (or any money which, if recoverable, would have formed part of the Guaranteed Money) that is not or may not be recoverable.
   
9. Application of the Indemnity:
   The indemnity in Clause 8 extends to any money that is not recoverable:
1. Because of any legal limitation, disability or incapacity of or affecting the Debtor or any other person;
2. Because any transaction relating to that money was void, illegal, voidable or unenforceable;
3. Whether or not the beneficiary knew or should have known any of the relevant matters or facts; and 
4. Because of any fact or circumstance.
   
10. General Indemnity:
    The Guarantor must indemnify the beneficiary against, and must pay the Beneficiary on demand the amount of, all losses, liabilities, expenses and taxes incurred in connection with:
1. The transactions that this document contemplates; and
2. The administration, and any actual or attempted preservation or enforcement, of any rights under this document including legal expenses on a full indemnity basis and expenses incurred in engaging consultants.

11. Charge of Property:
    For the Consideration mentioned in Clause 3 the Guarantor charges in favour of the Beneficiary all of the Guarantors interest in all property (including real property) both present and future with the payment of all monies that may be owing to the Beneficiary by the Guarantor from time to time upon any account whatsoever.  The Guarantor shall upon request of the beneficiary sign all documents and do all things that the Ben4ficiary may reasonably require to be signed and done to further secure the Beneficiary any such monies owing from time to time.

General:

12. Demand by the beneficiary:
    A demand by the Beneficiary under this document may be signed by any of its managers or other officers, or any of its solicitors, and served on the Debtor at its registered office or on the Guarantor at the address shown in the Reference Schedule.  If posted with the postage prepaid, the demand will be taken to have been served two business days after posting.
    
13. Execution by less than all parties:
    13.1 This document binds the Guarantor even if the Beneficiary does not execute or only subsequently executes this 

document.
13.2 This document binds each of the persons executing it even if:

1. One or more of the persons named in this document as a Guarantor does not execute this document or is not bound or ceases to be bound by this document; or
2. The beneficiary does not execute or only subsequently executes this document.

14. Legal Advice:
    The Guarantor in making this Guarantee and Indemnity has taken their own independent legal advice before executing the document and has entered into this Guarantee and Indemnity of his/her own free will and after making his/her own enquiries about the nature and effect of this Guarantee and Indemnity.

Privacy Policy

We welcome you to Gigaminute! We want you to be aware of our privacy policy, because privacy policies are not all alike.

Our company respects your individual privacy. Our privacy policy informs you of how we electronically collect and process your information. This policy will inform you of options that you have to control or restrict the availability and use of your information.

Gigaminute ("Gigaminute", "Gigaminute", "Gigaminute", "us", "we", or "our") is a limited liability company registered in the state of Indiana in the United States of America with its principal office in Warsaw, Indiana. We provide users, ("user/s", "you", "your") services delivered via Gigaminute website, a mobile application, .mobi site and/or any other platform or media thorough which we make our services available. A "user" may be a member, a visitor, an affiliate, a partner, company, partner site, poster, writer or any other person or company that participates in a Gigaminute service.

Consent

Each time you use this site or provide us with information you represent that you agree to the terms of this policy. When you submit data to this site, you consent to the collection, use and disclosure of that information in accordance with the terms of this policy as outlined and discussed below.

Please review this Privacy Policy periodically as we may update it. You agree that by using these sites you are expressly and affirmatively consenting to our use and disclosure of the information that you provide, and consenting to receive emails, as described herein.

Terms

Important terms in this policy are, "personally identifying information", "non-identifying information" and "server data". This Privacy Policy incorporates by reference the Terms and Conditions for the sites which apply to this privacy policy.

How we get to know our customers

We are in the business of putting people in touch with other people. That requires more than innovative technical services. It requires that we understand you and your needs. We get to know you primarily through information that you provide to us when registering and using our site. The information that you provide ranges from basic contact information to payment information, to technical IP file information. When you register with our site you agree to provide and maintain accurate, complete and updated information. You further agree to our use of your information consistent with this Privacy Policy and the laws of the United States.

For operational and quality assurance purposes, we keep track of site traffic patterns and maintain log files of user access to site files. The information that we receive from or about you is stored on a system that is designed to prevent loss, misuse, unauthorized access, disclosure, alternation or destruction of that information. We also use an outside provider that encrypts your sensitive information such as credit card numbers to ensure your privacy. We collect information to better understand our market and to better serve you.

We use the above collected information to monitor and improve our internal operations. We also use it to ensure that we bill you correctly, administer your account accurately and that we properly perform the services of this site. We use the collected information to improve the users experience with the site. The data helps us to determine how much our customers use certain parts of the site, allowing us to enhance those parts to fit the needs of the users. You agree the Gigaminute can use your provided information to contact you and to deliver information to you that is targeted to your interests or for administrative or partner driven purposes. By accepting this Privacy Policy, you expressly agree to receive information from our sites and partners. If you do not wish to receive this information you may opt out of any further promotional or job related emails but will remain on the list for administrative purposes. Gigaminute may also use non identifiable information about its users to prepare demographic analysis and reports.

Personally Identifiable Information

When you register with us your name, address, etc. is recorded in our database. This information is not for sale or use by anyone except our company and its network of job board sites, our partner corporations and our subcontractors. We do contract with other companies to assist us in our abilities to better serve you. Those companies will have access to our database files and must comply with our strict privacy policy.

You may change, update or delete all of your personal information from this site at any time. Information that you have posted may have been recorded by users and then becomes their property. This may result in unsolicited messages from those third parties for which Gigaminute is not liable. In certain circumstances, you may have clicked through to the Gigaminute site through another website, in the event that you provided any information to that linked website prior to arriving onto the Gigaminute site, we are not liable for the use of that information. Wherever you reside or from whichever country you are using the services and/or submit information, you consent to our use of your information consistent with this Privacy Policy, in the United States.

We can make no claim or take any responsibility as to how your posted information is utilized by those that take if from the posting portion of this site. If you choose to post your information to be open to employers or recruiters and to be public on the web sites, those employers or recruiters users may access your information and place it in their own company data file. Once your information has been removed from the Gigaminute website and placed in an employer or recruiter company file, Gigaminute is not able to access or assist in any removal from those outside company files. Gigaminute is also not responsible for any use or sale of such information from that point. Gigaminute does offer users a privacy setting that assures only a limited amount of identifying information can be obtained through the Gigaminute site. Please see Posted CV's and/or Positions on additional limitations regarding limiting identifying information.

Registration

In order to post on our site you will be required to complete a registration. This registration will request specific personal information about you, your firm, agency or hospital group. Contact information is required as a part of this registration. This information is used to contact the user of this site about services, changes in services as well as for billing needs. Information you provide that you request to be kept confidential will not show up on a public profile or posting. An option of confidential may limit your ability to post on some areas of the web site.

Posted CV's and/or Positions

Our subscribers, recruiters and employers view posted CV's and position postings. You may have us disclose as much personal information as you wish. You may want to consider what information you wish to be posted depending on whether your job search is common knowledge to your colleagues, current employer or staff. That is why this site allows you to identify what information you provide that you do not wish to appear in your public posting. It is our intention that only paying customers or prospective customers will have access to the CV or resume database, but we cannot guarantee that other parties will not without our consent gain access to the CV or resume database. Be aware that when you post personal information in an uploaded CV or resume, Gigaminute is not able to keep that information confidential. You may have marked your profile as confidential, but are providing identifying information through your uploaded CV or resume. We are not responsible for the use of any information in an uploaded CV's, resume or job posting taken from this site by a third party. We are also not responsible for the accuracy of any information uploaded or posted to the web site by a user. Any inappropriate information displayed in a CV or resume will be removed and all privileges of site use will be suspended.

Our goal is to provide a service that connects candidates with their desired position and location. It is also to assist employers and/or recruiters in finding the right candidate. We also provide professional information to users of the site to review, comment and contribute. Users of this site may copy or retain information to their files that you have posted. Although we attempt to hold our users to a high ethical standard, we are not responsible for their use of that information.

By posting on this site you represent to us that you have obtained consent from any third party individuals or business entities to post data regarding their specific job search or position posting. By posting information you also state that you have informed any third party of how they may access to view the information posted and how to contact you to rectify an inappropriate, incorrect or any unconsented to information.

No member or agents of this site/company shall be held responsible for the content or another member's posted information.

Fraudulent Access or Use

No company or user of this site shall provide another person or company with their password or access without our written consent. Any unauthorized access or use is an act of fraud and shall result in removal from the site and an assessment of reasonable charges for such fraudulent use. Reasonable charges shall be assessed based on each individual case. Fraudulent use results in damages and agreement to these terms, reflects your agreement to these terms of damages.

It is agreed that the Database is an asset. Database access is for the purpose of finding candidates that fill your current contracted job openings. Removing data from this database and using it for another purpose is in violation of this policy and you agree is an act of conversion. Conversion and continued use or sale of that information is a direct violation of this agreement and shall result in removal from the site and an assessment of monetary damages and if needed injunctive relief.

Email and online fraud are ongoing concerns for all internet businesses. If you are the recipient of an email that appears to come from Gigaminute and is a phishing email, spam or presents a position that seems too good to be true, please contact us so we can follow up on it immediately. If you are asked for your log in information or any other personal information, please do not provide it and again, contact us immediately. We will take immediate action.

E-Mail

All initial correspondence will be through an e-mail message directed from our site. This allows recruiters and employers to establish direct contact with you without revealing your name or identifying information. Once you have received a request for further interest in your CV or posted position through that initial e-mail message, you may choose to correspond directly with the individual or group. Responding directly to that initial email may result in that recruiter or employer obtaining identifying information directly from your response. Gigaminute is not responsible for any information released directly by you in response to correspondence you receive from the web site. If you do not blind your CV or apply directly to a position via the site, you are responsible for any information provided to that subscriber, recruiter, employer or candidate in any correspondence. We do not have any control regarding the information you provide to third parties you come into contact from our site.

You will also be notified automatically of any job opportunities that match your specialty or geographic preferences. You may choose when and if you want to respond to those opportunities.

Linking to other Sites

You may access other sites through advertisements on this website as well as resource links provided. Once you leave this site, our privacy policy, as well as the other policies in effect on this site, will no longer be in effect. You will become subject to that site's policies. Make sure that you read their policies before proceeding.

Cookies

Cookies are small text files recorded in a user's hard drive. Cookies are used by many sites to help track user information and to assist with password identification and in remembering a user making multiple trips to the Web site. Cookies do not damage user files and they cannot provide information from a user's hard drive. They simply allow us to provide a faster service and more personalized visit to our site. Our third party advertisers may also utilize cookies when you visit their site. This allows them to measure advertising effectiveness. This information is not personally identifiable. Most internet browsers allow you to erase cookies from your computer hard drive, block all cookies or receive a warning prior to a cookie being stored. Please be aware that failure to allow a cookie to be placed on your computer may result in certain features or services failing to function properly.

We may use third party advertising companies which may place or access cookies on your computer. This information is used to provide information about goods and services of interest to you or to tailor demographic or preference information so we can better serve you.

Security

This Site uses a variety of programs to protect user's information. Information such as credit card numbers are encrypted and protected using one of the best encryption programs on the Internet. Information is backed up on a daily basis.

Notification of Changes

Please check back to this privacy policy on a regular basis. We reserve the right to change or modify this policy at any time. In the event that we change our policy, we will post a notification of change on the home page for thirty (30) days. In the event that you do not log into this site during that thirty (30) day period it is the users' responsibility to check the policy page for updated policy. You may opt out of any changes in the policy by notifying us with an e-mail to our contact e-mail address. In the event that you do wish to opt out, the previous privacy policy in effect at the time that you made payment will be in effect for the remainder of the period that has been prepaid. The user at that time can determine whether they wish to discontinue their use of this site's services or if they wish to continue using the site under the changed policy provisions.

Employee Accountability

Only the employees of this site/company, it's contractors or partner corporation employees that have a legitimate business purpose for accessing and handling personal information obtained on this site are given authorization to do so. Our information management system is set up so that all unauthorized employees are blocked from being able to obtain confidential or sensitive information.

U.S.-EU Safe Harbor Framework and the U.S. Swiss Safe Harbor Framework

Gigaminute complies with the U.S.-EU Safe Harbor Framework and the U.S. Swiss Safe Harbor Framework as set forth by the U.S. Department of commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland. Gigaminute has certified that it adheres to the Safe harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. Information is located at http://www.export.gov/safeharbor/. Please feel free to contact us with any questions.

Compliance with the Us-EU and US-Swiss Safe Harbor Principles, we will resolve complaints about your privacy and our collection and use of your personal information. Any concerns or complaints please contact us. Unresolved privacy issues under the U.S. EU and US-Swiss Safe Harbor Principles will be referred for independent dispute resolution.

Gigaminute cannot ensure that all of your private communications and other personal information will never be disclosed as described in this Privacy Policy. We are committed to protecting your privacy but in some circumstances we are not able to control the actions of others that may result in your information becoming public. As a user of this site, you understand and agree that you are assuming responsibility and risk associated with the placement of personally identifiable information on this web site either directly or by uploading documents to this web site, direct use and actions and conduct on and off of this site.

Do Not Do's

This is a list of things that this site does not do. It is by no means a comprehensive listing but is one that is created to ensure your private information remains private unless you decide otherwise:

1. We do not sell names of job seekers.
2. We do not post personal information that is requested to be kept confidential.
3. We will not identify a job seeker to a recruiter or employer without your prior approval.
4. We enforce a zero Spam policy.
5. We do not intentionally or knowingly collect information from children under the age of 18 that visit this site.
6. Please do not give your social security number to anyone that contacts you.
7. Never give out a credit card or bank account number to a prospective employer/recruiter.
8. Be careful what personal information you provide to people that you do not know.

Responsibility

The user accepts all risks and responsibility.

Contact Us

In the event that you have any questions please feel free to contact us at arlette.rios@touchpointmarketing.mx, or by letter at Gigaminute, in Aurora Place Level 25 88 Phillip St Sydney, NSW, 2000. Please include your name and address in all correspondence.

Job Posting Guidelines

We maintain strict quality assurance policies for our database of jobs. To post jobs on our website, they must meet the following guidelines.

By posting on this site you represent to us that you are posting job data for positions that you have a direct contract for or that you represent directly. You are not allowed to post job data on behalf of a consortium, job network, data aggregation service, search engine, or other entity not directly responsible for the position in question. All job posters much have obtained consent from any/all business entities to post data regarding their specific job search or position posting. By posting information you also state that you have informed any third party of how they may access to view the information posted and how to contact you to rectify any inappropriate or incorrect information. Any job poster and/or their company violating this policy will be banned from the site and/or have their IP address banned.

The Gigaminute database is a valued asset. By using the Gigaminute site you acknowledge and agree to such. In the event that your company and employees have access to the Gigaminute database, you agree that the use of the database will be for the sole purpose of sourcing candidates for current contracted positions. Any other use MUST be disclosed in writing to the company and approved in writing. Failure to obtain approval results in conversion of valued information under the condition of fraud and misrepresentation and may be actionable in a court of law.

The following data guidelines apply to all jobs posted on Gigaminute:

• Your jobs must include complete titles, descriptions, locations and company information.

• You should not post the same job repeatedly. Only 1 posting is allowed per job position.

• Your jobs must not be commission only positions.

• A valid contact e-mail address must be supplied for each job. We do not allow external URLs to be used for the application process. We will push applicants to an approved ATS system or an API will be available for your use.

• Job Feeds must be in an industry standard format or in a proprietary format provided by you to us or jobs can be provided via an excel spreadsheet. We provide the necessary documentation.

• Jobs must be kept updated and all filled positions removed from the site within 48 hours.

• Job postings shall comply with all federal antidiscrimination laws.

Failure to comply with these guidelines will result in your jobs being removed from Gigaminute and in some cases, at the sole discretion of our staff, your account will be suspended.