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 modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this or any other version of the Site including but not limited to code, images, advertising content, advertiser identities, logos, job content, product information, general content, pricing data, advertisements, advertiser details, user interface design and software. You must not use this Site for any purpose that is unlawful or prohibited by these terms of use.

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.

General provisions

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: November, 2020

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.

A. SERVICES:

  1. 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.
  2. 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.
    • If The Client does not find the (5) CVs suitable, there will be a review of the role specifications and Brightermonday Kenya will send 3 additional CVs within 3 working days.
    • Implement the enlisted above within agreed timelines.

B. COMPENSATION:

  1. The Client is required to make an upfront payment of KSh. 35,000 for each position under the Pro Recruit service to Brightermonday Kenya.

  2. No payments will be personally made to an individual under this contract.
  3. Payments are non-transferable and non-refundable.
    • In the event that we are unable to provide you with any candidate profiles within 10-14 working days for reasons around scarce or limited talent that match the job vacancy shared with us, we will communicate our challenges to you clearly in writing and also provide you with the option of transferring the service to another vacancy or opening within your organisation.

C. TERMS:

  1. The Pro Recruit service will apply ONLY to roles with a salary less than KSh. 100,000 per month. This excluded technical positions that require headhunting.

  2. The term of this agreement shall be valid for 6 weeks. This agreement is completed;
    • After selection of preferred candidate or
    • After 6 weeks of successful provision of suitable candidate profiles.

D. CONFIDENTIALITY:

  1. 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.

  2. Brightermonday Kenya shall not permit any person to assist in the provision of the Services unless such person has signed such an undertaking.

E. DELEGATION:

Brightermonday Kenya shall not delegate any duties or obligations arising under this Agreement.

F. THE CLIENT’S OBLIGATION:

  1. Give commitment and support in providing additional/other required information relevant to the recruitment of the right personnel.

  2. Provide logistic support for interviewing all prospective candidates when the time arises.

  3. Conclude recruitment process within agreed timelines (6 weeks).

G. WHOLE AGREEMENT:

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.

H. WAIVER:

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.

Employer Referral Program

The BrighterMonday Employer Referral Program Terms and Conditions are in addition to the BrighterMonday Term of Use and Privacy Policy, to which you agree by using the BrighterMonday platform. These terms and conditions are a legally binding contract with you or the company you represent. By signing up or making use of the employer referral program, you agree to be bound by this Agreement. If you do not agree to be bound by the terms of this Agreement, do not participate in the BrighterMonday Employer Referral Program.

For you to get a referral credit/reward for inviting a new BrighterMonday employer:

  1. You must have a valid and verified employer account on BrighterMonday;

  2. 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;

  3. 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.

Participation in the BrighterMonday Referral Program may require you to submit personal information about you and the customers you refer, such as name and email address. You agree to receive communications from us with regard to your participation in the Referral Program, and to allow us to communicate with referred customers about your participation (for example, by disclosing to them that an invitation was sent by you). Any information collected from you or your referred customers as part of the BrighterMonday Referral Program will be subject to BrighterMonday’s Privacy Policy

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:

  1. Open multiple accounts, including with different email addresses, for the same persons/employers in order to generate additional referral credits/rewards;

  2. Refer employers using spam, display advertising, sponsored links, unsolicited emails, or links on message boards or forums;

  3. Use false names, impersonate other people or employers, or otherwise provide false or misleading information to us;

  4. Offer any incentive to others to register new accounts;

  5. Violate these terms or any other of BrighterMonday’s terms and conditions in any way; or

  6. 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.