Below we have defined some (but not necessary all) of the capitalized terms that appear in the Terms and Conditions.
“Account” means a dedicated account of a User once such user has registered as a User on the Site in order to use the Site Services.
“Agreement” means this User Agreement being a binding contract between a User and One Circle allowing the User to use the Site on the terms and conditions as set out herein.
“Business Information” means all information of business-related nature such as corporate profiles, experience, areas of expertise, special skills or experience and the like loaded onto a User’s Profile by the User on registering an Account.
“Client/s” means a business, company, or other corporate entity registered as a Client on the Site with an Account, seeking to engage Consultants under Service Contracts for Consulting Services.
“Client Account” means an Account opened and registered on the Site by a Client, or on behalf of a Client, in order to procure bespoke and tailored human resources consulting services from a Consultant via the Site as contemplated in clause 1.4.1 of this Agreement.
“Confidential Information” means any material or information provided to, or created by, a User to evaluate a Project or the suitability of another User for the Project, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that is known to the public or that: (a) is generally known by third parties as a result of no act or omission of Consultant or Client; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.
“Consultant/s” means an individual operating as an independent contractor, or business, company, or other corporate entity registered as a Consultant on the Site with an Account, who has the experience and qualifications to provide Consulting Services under Service Contracts to Clients.
“Consultant Account” means an Account registered on the Site by a Consultant, or on behalf of a Consultant, in order to provide bespoke and tailored human resources consulting services to Clients via the Site as contemplated in clause 1.4.2 of this Agreement.
“Consulting Services” means the provision of tailored and bespoke human resources services to be rendered by a Consultant to a Client under a Service Contract for a Project.
“Consultant Fees” means the fixed fee agreed between a Client and a Consultant.
“Effective Date” means the date when a User accepts the terms and conditions of this Agreement on the Site when first registering, or a later date when a User agrees to accept any amendment to this Agreement as posted on the Site from time to time.
“Employer” means a business, company, corporation, trust or other legal entity represented by an authorised User to enter into Service Contracts and to use the Site Services.
“Escrow Account” means an account opened/kept by One Circle Pay Partner to hold amounts on behalf of Clients, Consultants and One Circle related to Projects.
“Escrow Instructions” means instructions to the One Circle Pay Agent as agreed under a separate Escrow agreement between One Circle and One Circle Pay Agent in terms whereof One Circle Pay Agent will pay amounts in an Escrow Account to (a) Consultants on instructions from Clients once a Project milestone is achieved or a Project is completed (b) One Circle Service Fees and processing fees received from Clients on a Project.
‘Fees” means fees payable by the Client to a Consultant for Consulting Services rendered in terms of sService Contracts
“Fixed-Price Contract” means a Service Contract for which Client is charged a fixed fee agreed between a Client and a Consultant, prior to the commencement of a Service Contract, for the completion of all Consultant Services contracted by Client for such Service Contract.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“One Circle” means One Circle HR Pty Ltd, a company incorporated in, and in accordance with the laws of, the Republic of South Africa.
“One Circle Pay Partner” means Envisionit E-Pay (Pty) Ltd trading as Truzo, a South African incorporated entity operating and licensed as a financial services provider, or any other pay partner that One Circle will appoint from time to time.
“Payment Method” means a valid credit card issued by a bank acceptable to One Circle, a bank account linked to your Account, a debit card, or such other method of payment as One Circle may accept from time to time in our sole discretion.
“Private Information” means all information of a private nature such as bank account details, email address, phone numbers, full address, gender, identity or social security numbers and date of birth loaded onto a User’s Profile by the User on registering an Account.
“Profile” means a User’s profile once an Account has been registered on the Site.
“Project” means an agreed engagement of a Consultant by a Client for services that a Consultant will provide to a Client under a Service Contract via the Site, including defining the scope, fees, milestones, work product and format of delivery of service.
“Service Contracts” means a contract concluded directly between Consultant and Client for Consulting Services via the Sitewhich will as a minimum contain the Terms and Conditions as set out in this Agreement, and which may be enhanced by any other terms and conditions as maybe required either by the Client or the Consultant.
“Site” means the Once Circle website located at www.onecirclehr.com.
“Site Services” means the service of providing Users access to the Site to enable Users to enter into agreements with Clients and Contractors.
“Site Visitors” means visitors who visit/browse the Site and who are not necessarily Users.
“Tax/es” means all forms of taxation including Value-Added tax, General Sales Tax, income tax, withholding taxes, employees’ or payroll taxes, social security and other employee related taxes.
“User” means Client and/or Contractor as the context requires.
“User Profiles” means a profile of a User developed by Once Circle and made available on the Site.