Employer and Agency Terms of Service

Version 1.0 | Effective Date: 1 January 2025

Jurisdiction: Australia (applies globally where JobSeal operates)
Governing Law: Laws of New South Wales, Australia

This document should be read in conjunction with the JobSeal Platform Privacy Policy and Acceptable Use Policy.

1. Introduction and Acceptance

These Employer and Agency Terms of Service ('Terms') govern your organisation's access to and use of the JobSeal platform ('Platform') operated by JobSeal Pty Ltd ('JobSeal', 'we', 'us', 'our').

By registering an employer account, placing a verification order, or accessing candidate data through the Platform, the organisation identified in the account registration ('you', 'Employer') agrees to be bound by these Terms. The individual completing registration warrants that they have authority to bind the organisation.

2. Account Registration and Users

2.1 Organisation Account

You must provide accurate information about your organisation at registration, including your company name and ABN or ACN (for Australian entities) or equivalent identifier in your jurisdiction. You agree to keep this information current.

2.2 Account Users

You may invite multiple users within your organisation to access your account under defined roles (Owner, Admin, Recruiter, Viewer). You are responsible for:

Ensuring all users comply with these Terms and the Acceptable Use Policy;
Promptly revoking access for any user who leaves your organisation or whose access is no longer appropriate; and
All actions taken by users under your account, whether authorised by you or not.

2.3 Prohibited Account Types

Accounts may not be registered by, or on behalf of, individuals acting in a personal capacity, entities whose primary business is the aggregation or resale of employment data, or organisations that have been suspended or banned from the Platform.

3. Subscription Plans and Billing

3.1 Plan Tiers

JobSeal offers the following subscription tiers. Pricing is as published on the JobSeal website at the time of subscription:

Per-Check: A pay-as-you-go arrangement for individual verification reports, billed per completed report.
Recruiter Plan: A monthly or annual subscription providing a fixed number of verification checks per billing period and access to the candidate search database.
Agency Plan: A higher-volume subscription with increased check allowances, API access, and ATS integration capability.
Enterprise Plan: Custom pricing for large organisations. Terms are as specified in a separate Order Form and Master Services Agreement.

3.2 Billing and Payment

All fees are quoted and billed in Australian Dollars (AUD) unless otherwise specified in your Order Form. Payment is processed through our payment provider, Stripe. All fees are exclusive of GST. Where GST applies, it will be added to your invoice at the applicable rate.

3.3 Check Allowances

Unused checks do not roll over between billing periods unless specifically stated in your plan description. JobSeal will notify you when you have used 80% of your monthly check allowance.

3.4 Non-Payment

If a payment is unsuccessful, JobSeal will attempt to reprocess the payment up to three times over a 7-day period. If payment remains outstanding after this period, your account will be suspended. Access to candidate data accumulated during your subscription will be preserved for 30 days during suspension, after which it may be deleted.

3.5 Cancellation and Refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period; no partial-period refunds are provided. Closing your employer account (see clause 10.1) constitutes immediate cancellation; no refund of subscription fees already paid is provided regardless of the remaining billing period. Per-Check fees for completed reports are non-refundable. Where a verification order fails due to a JobSeal system error (not candidate or referee non-participation), a credit or re-run will be offered at our discretion.

4. Verification Services

4.1 Ordering a Verification

You may initiate a verification request for a named candidate through the Platform dashboard or via the API. The candidate will be notified that a verification has been ordered and will be asked to consent to the process where consent has not previously been given.

4.2 Scope of a Verification Report

A completed verification report will include, depending on the order type selected:

Confirmation of employment history for each verified role (company, title, dates, tenure);
The computed JobSeal and sub-dimension scores based on verified referee responses;
The number of verified responses contributing to each role score;
The verification status of each employment record (verified, pending, or unverified);
Where the candidate has opted in and the role is eligible, a "High Confidence" indicator, awarded when a second, independently-selected referee's assessment closely agrees with the primary referee's across every scored dimension; and
For roles verified using the candidate's identity-and-employment-only option, confirmation of identity and employment details only, with no score or dimension breakdown — this option is disclosed as such in the report.

A report does not include individual referee responses, the identity of individual referees, or any raw survey data. This extends to the "High Confidence" indicator: it is a binary signal only. The identity of the second referee, their individual responses, and the size of any disagreement between the two assessments are never disclosed in a report or otherwise made available to you.

A report also does not include the candidate's email address or phone number, regardless of order type. Those details are disclosed only if the candidate separately approves a contact request for your organisation, whether placed before or after a report is generated.

4.3 Verification Timelines

Standard verification SLA is 7 business days from the date the candidate confirms their employment history and referee contacts. If a verification order cannot be completed within 30 days due to lack of referee response, we will issue a partial report and, at your request, a credit for the incomplete portion.

4.4 Your Use of Verification Reports

Verification reports are provided to you for the sole purpose of informing employment decisions within your organisation. You must not:

Share, sell, or provide access to any report to any third party outside your organisation;
Use any report as the sole basis for an adverse employment decision without considering other relevant information;
Retain or use report data beyond the period necessary for the relevant hiring decision, and in any event for no longer than 2 years from the date of the report; and
Combine report data with any other dataset in a manner that produces a discriminatory outcome prohibited under applicable employment law.

4.5 Compliance with Employment Laws

You are solely responsible for ensuring that your use of verification reports and candidate scores complies with all applicable employment laws in your jurisdiction. This includes, without limitation, laws governing equal opportunity and anti-discrimination, privacy and data protection, background checking and reference checking practices, and any sector-specific licensing or clearance requirements.

Important notice regarding adverse decisions: JobSeal strongly recommends that a JobSeal report is used as one input among several in a hiring decision, and is not used as the determinative or sole factor in declining a candidate. You accept sole responsibility for any employment decision made using Platform data.

5. Candidate Search

Where your subscription tier includes candidate search access, you may search the JobSeal candidate database using filters including skill tags, location, score band, availability status, and verified tenure.

Search results display candidate profiles without contact information. Contact details for a candidate are only provided where your subscription tier includes contact access and a contact unlock has been used against that candidate.

You must not use candidate search to:

Compile bulk datasets for purposes unrelated to active hiring decisions;
Screen candidates based on protected attributes as defined under the Fair Work Act 2009 (Cth) or equivalent applicable law; or
Contact candidates through channels outside the Platform for purposes unrelated to genuine employment opportunities.

6. API Access and Integrations

Where your plan includes API access, you must:

Keep your API credentials confidential and not share them with third parties;
Ensure any integration you build complies with these Terms and JobSeal's API documentation;
Immediately notify us if you suspect your credentials have been compromised; and
Comply with rate limits and usage restrictions as documented.

JobSeal may modify or deprecate API endpoints with 90 days' notice for major breaking changes and 30 days' notice for minor changes.

7. Data Protection Obligations

As an employer accessing candidate personal data through the Platform, you are an independent data controller in respect of that data under the Australian Privacy Act 1988 (Cth) and applicable overseas equivalents. You must:

Process candidate data only for the purposes for which it was provided;
Implement appropriate technical and organisational measures to protect candidate data;
Comply with all applicable data protection laws in your jurisdiction;
Notify JobSeal promptly if you become aware of any actual or suspected breach involving candidate data obtained from the Platform; and
On request, provide evidence of your data protection practices.

8. Intellectual Property

All intellectual property rights in the Platform, including the scoring methodology, report format, interface design, and underlying software, vest in JobSeal. You are granted a limited, non-exclusive, non-transferable licence to use the Platform and access reports for the purposes set out in these Terms.

9. Limitation of Liability

To the maximum extent permitted by law:

JobSeal provides the Platform and verification reports on an 'as is' basis. Reports reflect the information provided by candidates and referees and JobSeal does not independently warrant the accuracy of the underlying information;
JobSeal is not liable for any employment outcome, commercial loss, or third-party claim arising from your use of or reliance on any report or score;
JobSeal's total aggregate liability to you under or in connection with these Terms is limited to the total fees paid by you in the 12 months immediately preceding the event giving rise to the claim; and
Nothing in these Terms limits liability that cannot be excluded under the Australian Consumer Law.

10. Term, Suspension, and Termination

10.1 Account Closure by Employer

You may close your employer account at any time through your account settings. Closing your account:

Cancels any active subscription immediately with no refund of fees already paid;
Permanently deletes your account, search history, and associated data;
Revokes access to the Platform immediately; and
Does not affect candidate employment records or scores, which remain on the candidate's profile.

Verification reports you have already downloaded remain in your possession. You are responsible for deleting those reports in accordance with your own data retention obligations and any applicable privacy legislation. JobSeal will notify affected candidates whose data was included in your purchased reports.

10.2 Suspension and Termination by JobSeal

These Terms commence on account registration and continue until terminated. JobSeal may suspend or terminate your account immediately on written notice if:

You materially breach these Terms and fail to remedy the breach within 14 days of notice;
We reasonably believe your use of the Platform poses a risk to candidate privacy or the integrity of the scoring system;
You become insolvent or enter administration; or
We are required to do so by law or a regulatory authority.

11. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Enterprise customers may negotiate jurisdiction as part of a Master Services Agreement.