Terms & Conditions
Please read this agreement carefully before accessing or using the information and services available through the BrighterMonday website ("Site"). By accessing or using the Site, you agree to be bound by the terms and conditions below. BrighterMonday may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Site. Advertiser Terms and Conditions must be accepted and adhered to by Advertisers who use BrighterMonday's services and the Site.
Copyright and trademarks
Copyright in the material and trademarks on this Site are owned by BrighterMonday.com ("BrighterMonday") unless otherwise indicated and you agree not to infringe any intellectual property rights owned by BrigherMonday.com, our parent company Cheki Africa Media or affiliate companies including kazi.co.ke and www.jobberman.com
Information for personal, non-commercial use only
You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
You agree that you may not become a paid member of BrighterMonday.com in order to access on behalf of others, modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this or any other version of the Site.
You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication, except with our prior written consent.
You agree that accessing membership and logged in areas of the site without permission for non-personal or commercial use constitutes trespass.
Information does not represent professional advice
You acknowledge and agree that information published by BrigherMonday is intended to provide general information in summary form on legal and other issues.
BrighterMonday does not endorse or recommend any of the advertisers, employers, job seekers or products advertised on its Site and BrighterMonday strongly recommends that prior to entering into any agreement with any of the Advertisers on the Site, that you obtain your own independent legal, accounting, financial, customer reputation, reference, background checking or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, products and other information provided through the Site or on the Internet generally. In no event will BrighterMonday be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.
No guarantees of availability
BrighterMonday gives no guarantee to you of the continued availability of any particular job or product advertised on the Site and will not be liable to you should an advertiser have filled or withdrawn a vacancy or jobseeker availability at any time prior to removal of the advertisement or resume from the Site.
Whilst BrighterMonday takes efforts to ensure that jobs or candidates advertised are genuine and that the data presented about the job or person is accurate, it gives no guarantee to you that every job or candidate description is free from errors or inaccuracies.
No guarantees or endorsements of sites or services we link to or that link to us
BrighterMonday may provide links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of BrighterMonday and BrighterMonday is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. BrighterMonday is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BrighterMonday of the linked site. BrighterMonday is not responsible for the copyright compliance of any linked site. BrighterMonday will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
No guarantees as to the service
BrighterMonday provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that BrighterMonday cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Our rights to use information you send us
BrighterMonday welcomes ideas and feedback from you about all aspects of the Site. You agree that BrighterMonday may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email or any other form of communication to BrighterMonday. (Please read our privacy for more information as to how we deal with information you send to us.)
No guarantees as to security of your information
While BrighterMonday takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on BrighterMonday systems or on BrighterMonday's Site. BrighterMonday disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
Your responsibility for your password and login
To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. You may also change your login by contacting customer service.
You agree to immediately notify BrighterMonday of any unauthorized use of your login name or any other breach of security known to you.
No misrepresentations allowed
You agree that it is a condition on your use of the BrighterMonday Website, BrighterMonday Data or Services and of any other services provided by BrighterMonday or through the Site that you will not either through any act or omission mislead or deceive others.
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
The laws governing this agreement will be the laws in Kenya and you irrevocably submit to the exclusive jurisdiction of its Courts.
For the purposes of this agreement the words "BrighterMonday", "BrighterMonday Limited", "We", "Our" and "Us" refer to BrighterMonday.com and "Site" to materials delivered on www.brightermonday.com, www.brighermonday.co.tz, www.brighermonday.co.ug
Pro Recruit Terms and Conditions
Revised: March, 2023
The Pro Recruit Terms and Conditions contained herein on this webpage, shall govern your use of this service. By using this service, you expressly accept all terms and conditions contained herein in full. You must not use this Pro Recruit Service, if you have any objection to any of these Terms And Conditions.
- BrighterMonday Kenya shall during the continuance of this Agreement devote much of its time, attention and abilities to the business of The Client as may be necessary for the proper execution of its duties as a consultant.
- BrighterMonday Kenya shall specifically have the following accountabilities;
- Clarify the Job Description for the role via a Pre Consult phone call.
- Place job ads online / offline for The Client’s vacancies.
- Source candidates in accordance with The Client’s specifications.
- Provide five (5) qualified candidates for the position to be selected from within 5 to 7 working days.
- We shall provide an extra 3 CVs on two conditions, that is; (i) if the first batch of profiles does not match the requirements and (ii) if not more than 2 weeks have elapsed since the first batch of profiles was submitted.
- Any request for additional CVs, will attract an additional cost of Ksh. 3,500 (VAT Excl.) per CV
- Any additional service such as but not limited to headhunting, background check, interview support,
- Implement the enlisted above within agreed timelines.
- The Client is required to make an upfront payment of KSh. 35,000 (VAT Excl.) for each position under the Pro Recruit service to BrighterMonday Kenya.
- All payments should be directly made to official BrighterMonday payment channels
- NB: This service is not refundable
- The delivery scope of the Pro Recruit service excludes positions (technical or otherwise) that require headhunting.
- The delivery scope of the Pro Recruit service also excludes positions (technical or otherwise) that require background checks.
- The Pro Recruit service doesn’t have an option for replacing candidates after they have been hired.
- BrighterMonday shall provide 5 suitable candidates to the hiring company. Candidates will be screened based on their experiences and qualifications will be confirmed through a telephone call and be notified of the company their CVS will be sent to.
- Candidates must be given at least 48 hours prior notice to any interview keeping BrighterMonday recruitment team in the notice of dates set for interviews.
- BrighterMonday shall not be responsible if candidates are not given 48 hours’ notice and do not show up for the interview.
- BrighterMonday Kenya shall not at any time during or after the procurement divulge or allow to be divulged any confidential information relating to the business or affairs of The Client or as required by law other than to persons who have signed a secrecy undertaking in a form approved by The Client.
- BrighterMonday Kenya shall not permit any person to assist in the provision of the Services unless such person has signed such an undertaking.
BrighterMonday Kenya shall not delegate any duties or obligations arising under this Agreement.
The Client's Obligation
- Give commitment and support in providing additional/other required information relevant to the recruitment of the right personnel.
- Cater for interviewing all prospective candidates when the time arises.
- Review all the shared CVs/profiles and give feedback on the quality to BrighterMonday within 2 weeks after the first batch of service delivery.
- Conclude recruitment process within agreed upon timelines or a period not exceeding 4 weeks if the agreed upon timeline was not explicitly determined at the onset of the hiring process
Each party acknowledges that this Agreement and conditions contain the whole Agreement between both parties and it has not relied upon any oral or written representation otherwise made to it and has made its own independent investigations into all matters relevant to it.
The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
CV WRITING SERVICES
The Curriculum Vitae Writing Terms and Conditions contained herein on this webpage, shall govern your use of this service. By using this service, you expressly accept all terms and conditions contained herein in full. You must not use this Curriculum Vitae writing Service, if you have any objection to any of these Terms And Conditions.
BrighterMonday has always allowed job seekers to upload CVs to the platform for the purpose of job application and job matching.
In a bid to improve our services, BrighterMonday Kenya has partnered with WriteSea, a CV writing partner, that is committed to providing the best world class Curriculum Vitae writing services to job seekers. WriteSea is an organization that subcontracts a pool of writers to help you improve your Curriculum Vitae. This service requires account activation on the processor's website (WriteSea) to allow them to serve you properly by linking you to the relevant service.
Terms relating to the flow of information in services delivered:
- At the point of submitting your CV for a free CV review, this will be considered the “opt in” process whereby the processor will receive your CV as well as personal identifiable information within your BrighterMonday profile as listed in point 2.
- All personal information within your CV as well as identifiable information such as your name, email address, age, gender, and other items already shared with BrighterMonday will be subject to being shared with the processor, WriteSea.
- Any details shared on your CV will be accessible to the WriteSea organization as a processor and the CV writer as a sub-processor.
- Due to the nature of the partnership, we are required to share account opening details with the processors such as name and email address. The information shared is strictly for account activation purposes and communication, and can only be used for any other purpose when you consent to it.
- Upon CV rewrite package collection and payment, your CV will be re-written by a sub-contracted CV writer. This writer will engage with you within the WriteSea platform.
- WriteSea is GDPR compliant and will treat your personal identifiable information with confidentiality. WriteSea will endeavour to ensure all personally identifiable information is treated in accordance with local jurisdiction laws. You will not be contacted outside for any purpose outside of fulfilling CV rewrite means by WriteSea.
- By using the CV writing services you give consent to BrighterMonday to share your profile and CV details with WriteSea and its sub-processor.
- The collection of the User personal data is necessary, as any refusal to provide such data does not allow BrighterMonday or WriteSea to manage and provide the services requested.
- With particular reference to the purposes of carrying out aggregated analysis and pursuing WriteSea’s interests, instead, the legal basis of the processing is the “legitimate interest” of BrighterMonday, WriteSea and its clients: in this cases, although the collection of the personal data is not mandatorily required by the law or essential for providing the service to the job seeker, it is in any case necessary as such data are strictly connected with the above legitimate interests, which does not override interests or fundamental rights and freedoms of the job seekers. Any refusal to provide such data, therefore, could entail the impossibility for WriteSea to provide the services requested.
- Finally, in relation to the purpose of legal obligations, the job seeker’s prior consent is not needed as such processing will be carried out for the fulfilling of a contractual obligation; therefore, any refusal to provide such data entail the impossibility to obtain the service requested from WriteSea and BrighterMonday.
Communication of the data and access to the data
- The personal data provided by the job seeker as well those data collected by the Site in the context of the relevant services provided (e.g. IP addresses) will not be disseminated but may be communicated, also outside Kenya, only for purposes and with the modalities illustrated above, to the following categories of parties:
- Collaborators, consultants or self-employed professionals to which WriteSea collaborates for carrying out technical or organizational activities (such as CV services providers) or with which WriteSea works for the purpose of providing its services or carrying out marketing activities.
- The persons and entities indicated above will process the data in their capacity as independent data controllers pursuant to the applicable laws, as Data Processors or sub processors. The list of the names of the subjects to which the data are or may be communicated is available at WriteSea.
Employer Referral Program
Revised: March, 2022
For you to get a referral credit/reward for inviting a new BrighterMonday employer:
You must have a valid and verified employer account on BrighterMonday;
The employer you refer must click on your link and complete the BrighterMonday Employer Signup process and be verified by the BrighterMonday Team. We will determine in our sole discretion whether your link was used to create the account;
The referred employer who registered the new account must be a new BrighterMonday employer and not an existing or returning user. We will determine in our sole discretion whether the customer is a new customer;
You will receive a referral credit/reward in your BrighterMonday account, however, the referral reward is only issued when a referred employer makes a purchase. The referral reward will be valid for one year or in our sole discretion from the date it appears in your account.
Referral credits/rewards are issued to a single BrighterMonday account at our discretion and cannot be transferred, bartered, or sold.
BrighterMonday reserves the right to void your referral credits/reward, terminate your eligibility to earn referral rewards, or terminate your account, or the accounts of BrighterMonday members you refer, if you or they take any of the following actions:
Open multiple accounts, including with different email addresses, for the same persons/employers in order to generate additional referral credits/rewards;
Refer employers using spam, display advertising, sponsored links, unsolicited emails, or links on message boards or forums;
Use false names, impersonate other people or employers, or otherwise provide false or misleading information to us;
Offer an incentive to others to register new accounts;
Violate these terms or any other of BrighterMonday’s terms and conditions in any way; or
Participate in BrighterMonday’s Referral Program if doing so would be prohibited by any applicable laws or regulations.
BrighterMonday reserves the right in our sole discretion at any time and with or without prior notice to you to add to, remove, or otherwise change these terms, including, without limitation, by changing the amount of the referral credits/reward, revise how you may earn and spend referral credits/rewards, modifying the duration and expiration of referral credits/rewards, changing the maximum amount of referral credit/rewards that you may earn, and stopping the BrighterMonday Employer Referral Program entirely. We will post an updated version of these terms on the BrighterMonday website, and you will be deemed to have accepted such changes by continuing to use the BrighterMonday website or the BrighterMonday Employer Referral Program after the date such changes are posted.
1. Online Prepaid Products
This includes Standard listing, Job boost, Basic listing, Assessment and any other products offered by the company which require the purchase of credits. Clients opting in for these products are purchasing credits for the desired products, which can be used at any time by the client till the credit is exhausted
It is the sole responsibility of the client to utilise the credits purchased by them. BrighterMonday will not be liable for unutilised credits in full or part. This is indicated in all client invoices for online products.
Therefore, there is no refund to clients by BrighterMonday for this product category.
2. Hybrid Recruitment Products
For Executive Recruitment, We have a 30% deposit that's non-refundable.
Where it has been established by either the Recruitment Consultant or the Salesperson that the client’s request cannot be fulfilled, and the client is unsatisfied and has made a request for a refund of the upfront payment made, the request for a refund shall then be processed as detailed below:
“The sales person shall send the client’s refund request to the Head of Customer Experience or similar role within the business with details of work done by the team, the challenges encountered in fulfilling the engagement and other information that will help the Head of Customer Experience assess the justification for the refund claim. The Head of Customer Experience will assess the refund claim using the information provided.
Where the request for the refund is valid, the Head of Customer Experience will forward the request to the Finance Manager with details of the amount to be refunded, the basis for the recommended amount, and the account details of the client.
Upon receipt of the refund request, the Finance Manager shall approve and process it in line with the Company’s payment cycle.”
3. Banner Ads
Where the advert or marketing plan relating to the service has been developed by the company, approved by the client, and deployed as approved, the subsequent refund request shall not be honoured by the company, otherwise, the company shall process the refund in line with the company’s payment cycle.
4. Other Services
Where other services offered by BrighterMonday require upfront payment, refund requests shall be processed in line with the refund policy in the contract of the service.