TalentVX

Terms & Conditions

TalentVX Candidate Statement

TalentVX Stakeholder Statement

TalentVX Client Terms and Condiditions

TalentVX Independent Interviewer and Group Leader Terms and Conditions

TalentVX Candidate Statement

TalentVX interviews are conducted on Skype Video and recorded using TalentVX Interview Technology. The most important difference between a traditional in-person interview or phone interview and a TalentVX interview is that a TalentVX interview can be shared with third parties because it is recorded and circulated. In fact this is similar to how your Resume can be shared.

TalentVX Interview Technology enables your Interviewer, their employer, their client and other interested parties, to give access to a video stream of the interview for an indefinite period. This access can be provided to whomever for the intended purpose of benefiting your employment or contracting prospects. The copyright in the TalentVX interview recording (defined as video, sound, Meta data, and image) is owned by TalentVX and licensed to the TalentVX Client upon the TalentVX Client uploading the recorded interview to TalentVX.

You grant TalentVX and its client unrestricted rights to promote your employment or contracting prospects using the interview recording. You have no ownership or right of access to the recorded interview, and you agree not to pursue ownership or any right of access to the recorded interview via legal or any other channels.

While the intent of TalentVX, its contractors and clients is to benefit your employment and contracting prospects you cannot hold TalentVX responsible for any misuse, technology failure or illegal activity with regards to the use of that interview recording by the TalentVX Client.

This means with a TalentVX Interview everything you say is on the record. So, if when answering a question you talk about other people, be careful what you say about them and/or don’t use their name. This courtesy should apply to any type of interview however it’s particularly important with a recorded interview.

In summary this TalentVX interview is recorded and shared with others for the intended benefit of your employment and contracting prospects. All the best, on your interview.

By clicking on the "I accept" button, you thereby understand and agree to all aspects of this TalentVX Candidate Statement.

TalentVX Stakeholder Statement

TalentVX interviews are conducted on Skype Video and recorded using TalentVX Interview Technology. The most important difference with a TalentVX interview is that it can be shared with people.

TalentVX Interview Technology enables the Interviewer, their employer, their client and other interested parties, to give access to a TalentVX video stream of the interview for an indefinite period. This access can be provided to whomever for the intended purpose of benefiting the employment or contracting prospects of the candidate only.

The copyright of any TalentVX interview recording is owned by TalentVX. TalentVX grants its client an exclusive and perpetual licence to share TalentVX Interviews for the intended benefit of the employment or contracting prospects of the Candidate.
The candidates have given permission for the interview to be recorded with the intended use of the recording benefiting their employment or contracting prospects. No other use of the interview stream is permitted.

If You agree with the Terms and Conditions, then You have the right to use the TalentVX service as a TalentVX Stakeholder.
TalentVX Stakeholders can view video streams of candidate interviews quickly by skipping to the relevant questions or tagged points of interest. You can make comments about the candidate and their relevance for a role or an organization. The candidate does not have permission to view the interview recording or read your comments.

If You do not agree with the TalentVX Stakeholder Statement, then You do not have the right use the TalentVX service as a TalentVX Stakeholder.

By clicking on the "I accept" button, you thereby understand and agree to all aspects of this TalentVX Stakeholder Statement.

TalentVX Client Terms and Conditions

The following Terms and Conditions set out the way in which the TalentVX Interview Technology service operates and Your rights and obligations in relation to the recording, uploading and streaming of interviews on the "TalentVX service" as well as being a client of the "TalentVX service".

The "TalentVX service" is (a) the TalentVX interview hosting and streaming service (b) the TalentVX website and (c) the service of business networking including the facilitation of tagging, commenting and voting (d) an interview outsourcing intermediary and (e) any and all aspects of facilitating the exchange of uploading, streaming and viewing of interviews.

You should therefore read the following Terms and Conditions carefully. If You agree with the Terms and Conditions, then You have the right to use the TalentVX service either as

(a) a professional recruitment firm and be an uploader of interviews (interviews);
(b) an employer and be an uploader of interviews (interviews)
(c) an employee or contractor of either a professional recruitment firm or an employer

If You do not agree with the Terms and Conditions, then You do not have the right use the TalentVX service in any way or capacity.

By clicking on the "I accept" button at the end of these Terms and Conditions, You thereby

(a) accept these Terms and Conditions on behalf of Yourself or on behalf of any third party entity (and You warrant that that third party entity has given You legal authority to accept these Terms and Conditions on their behalf), including that You are at least 18 years old
(b) agree to be legally bound by the Terms and Conditions and
(c) have entered into a binding agreement between You and TalentVX ("Agreement").

1. Definitions

"You" or "Your" or “Your Firm” or “TalentVX Clients” means You, or if You are entering this Agreement on behalf of a third party entity, then "You" means that third party entity and includes recruitment firm’s and employer entities.

"We" or "Us" or "TalentVX" means TalentVX Pty Ltd and its employees or contractors.

“Candidate” is an interviewee or person being interviewed by either You or a “TalentVX Independent Interviewer”

“Stakeholder” is a TalentVX end user that a TalentVX Client can invite to view streamed interviews, make comments about that interview and vote using web based tools. A Stakeholder must login with their email address and a password to access the interviews they have been invited to see.

A” Floated” interview is a TalentVX Client defined excerpt of an Interview sent via an unsecured link to any email address considered by a TalentVX Client to benefit the employment or contracting prospects of a Candidate.

“TalentVX Independent Interviewer” is an independent business person who provides interviewing services to You using TalentVX technology.

A “TalentVX Administration Login” is a TalentVX Client user with special authority to create more TalentVX Interviewer or Administration login’s under the TalentVX Client’s account. TalentVX Administration Login can buy TalentVX Credit and set policy and account administration functions.

A “TalentVX Interviewer Login” has limited authority to act for the TalentVX Client. It can act on TalentVX Client policy, use Your TalentVX Credit but not set or administer TalentVX Client policy.

The “TalentVX Independent Interviewer Code of Conduct” is the policy TalentVX Independent Interviewers follow when conducting interviews on behalf of Your Firm.

2. Recording and Uploading the Interviews

a. On being accepted as a TalentVX Client you will download from the appropriate part of the TalentVX website www.talentvx.com the TalentVX Recorder. This TalentVX Recorder will enable You to record Skype video calls for the purpose of interviews. The TalentVX Recorder allows you to tag questions, highlights of the interview, make comments and upload the interview recording onto the TalentVX website.

b. The TalentVX Recorder cannot be used for any purpose not related to 2a or Your relationship with TalentVX.

c. More TalentVX Recorder can be downloaded for Your employees and contractors. These will be administered by Your Firms TalentVX Administration Logins.

d. You may upload only interviews that are capable of being digitally uploaded via the TalentVX Recorder ("Uploaded Interviews"). By so doing, TalentVX agrees to display such interviews to the end users You give access to on the TalentVX website by entering the end users email address in the appropriate field. You acknowledge that entering an email address in the “Float” function allows the recipient to receive an unsecured link to an excerpt of an interview, the size of which is decided by You and that this link can be forwarded to any other email address or posted anywhere on the Internet.

e. You warrant and represent that any Uploaded interviews (i) does not breach the copyright of any third party, (ii) is not defamatory, (iii) is not obscene, pornographic or violent and (iv) does not constitute contempt of court.

f. TalentVX reserves the right to remove any Uploaded interviews from the TalentVX hosting service or to suspend such content from that service at any time for any reason, whether due to a breach or suspected breach of one or more of the warranties set out in clause 2 e., or otherwise. In the event that such an interview is removed or suspended from the TalentVX hosting service, You acknowledge and agree that TalentVX will not be accountable to You for any loss or damages You may suffer as a result of such content being removed or suspended.

g. You acknowledge and agree that TalentVX is not responsible for any loss, theft, intellectual property infringement (including copyright infringement) or damage of any kind to the Uploaded Interview.

h. You acknowledge that TalentVX uses video streaming technology and does not protect the interviews with any other form of Digital Rights Management (DRM) technology.

i. Interviews recorded by the TalentVX Recorder are automatically deleted from the computer that was used to record the interview after uploading to TalentVX or within 14 days of recording.

3. Proprietary Rights

a. You acknowledge that all intellectual property rights (including present and future copyright) in any interview recorded by the TalentVX Recorder is owned by TalentVX.

b. Once an interview is uploaded by You onto the TalentVX website via the TalentVX Recorder, TalentVX will grant You an exclusive license to display the interview for the purpose of benefiting the candidates employment or contracting prospects only. This exclusive license will be for perpetuity from the upload date, include all territories and all media.

c. If You decide to transfer an interview digital file or files uploaded by Your Firm to another hosting service, TalentVX require 30 days notice in writing and details of where the digital interview files should be transferred to using File Transfer Protocol (FTP). TalentVX will only transfer interview files or any digital content via FTP.

d. If You decide to transfer any interview files to another hosting service You warrant that You will only use TalentVX interviews for the purpose of benefiting the Candidate’s employment or contracting prospects.

4. Streaming Interviews

a. TalentVX will stream the interviews to any and all Internet users on Your written instruction using the appropriate TalentVX fields.

b. TalentVX will host and stream the interviews for a period of 6 months (183 days) after upload. After this initial 6 month period Your interviews can be hosted for an extended period at an extra cost based on the pricing in section 19.

c. You warrant that You will not copy, distribute, transfer, sublicense, publicly perform, create derivative works of, sell or offer to sell any Streamed interview or any part thereof and You acknowledge and agree that You do not have the right to copy, distribute, transfer, sublicense, publicly perform, create derivative works of, sell or offer to sell any Streamed Content or any part thereof.

d. You acknowledge that a Candidate agrees to a TalentVX interview only for the purpose of benefiting their employment or contracting prospects.

e. You warrant that You will only use TalentVX interviews for the purpose of benefiting the Candidate’s employment or contracting prospects.

5. Complaint about Uploaded Content

In the event that Your Uploaded interview is the subject of a complaint from a third party (be they an end user or otherwise) which, if verified, would constitute a breach of one or more of Your warranties set out in clause 2 e., then TalentVX reserves the right to remove or suspend the Uploaded interview and Your account in accordance with clause 2 f. in the event that the subject of the dispute is not resolved in favour of You to the satisfaction of the complainant.

For the avoidance of doubt, TalentVX retains the right at all times to suspend or remove any Uploaded interviews at any time in accordance with clause 2 e., notwithstanding anything in clause 5.

6. Prohibited Activities

You may not use any portion of the TalentVX service for any unlawful purpose. You agree not to collect or harvest any personally identifiable information from the TalentVX service including account names or email addresses, nor use the communication systems provided by the TalentVX service for any commercial solicitation purposes other than to “Float” interviews for the benefit of the Candidate. You agree not to:

a. introduce computer viruses into the Site (in particular, You warrant that that Your Uploaded interviews shall be uncorrupted and free of viruses, worms, defects, Trojan horses and/or any other cause of disruption to the proper and effective functioning of the Uploaded Interviews being able to be hosted on the TalentVX service and/or being able to be streamed to end users;

b. use any automated system, including without limitation, "robots," hitbots, "spiders," "offline readers," scripting or any other form of automatic access on the Site or querying of the Site in a manner that sends more request messages to the TalentVX service in a given period of time than a human can reasonably produce in the same period by using a convention web browser;

c. frame, mirror, screen scrape, use hidden frames, or use any other means by which any portion of the TalentVX service is framed or appears within another frame or site (even if the frame is invisible);

d. attempt to gain unauthorized access to the TalentVX service or any databases associated with the TalentVX service;

e. engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the TalentVX service; or

f. engage in any activity that circumvents, disables or otherwise interferes with security related features of the TalentVX service or features that prevent or restrict use or copying of any content or enforce limitations on use of the TalentVX service or the content therein.

g. use any type of codes or instructions that are designed to distort, delete, damage or disassemble TalentVX applications or services.

h. use any TalentVX interview recordings for any public performance, advertising or any purpose not directly benefiting the Candidate’s employment or contracting prospects.

7. Restricted Areas of TalentVX Service

Certain functions of the TalentVX service are restricted to authorized users or require You to provide personal information, and/or create a password-protected account. When creating Your account, You must provide accurate and complete information. It is Your responsibility to maintain the accuracy of any information provided to TalentVX. You are solely responsible for maintaining the confidentiality of Your password and Your account information, and agree to notify TalentVX if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that You are entirely responsible for all activities that occur under Your account, including without limitation, any fees which may be incurred under Your password-protected account, whether or not You are the individual who undertakes such activities. You agree to hold TalentVX harmless from and against any and all costs, damages, liabilities, and expenses incurred by TalentVX in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party that Your use of the TalentVX service or the use of the TalentVX service by any person using Your screen name, account or password violates any applicable law or regulation, any third party rights, or incurs any fees or liabilities by virtue of having used Your account.

8. Removal of You from TalentVX Service

TalentVX further reserves the right to suspend or remove You or any other end user from the TalentVX service.

9. Privacy

In the event of a complaint against You from a third party in accordance with clause 5, TalentVX will provide Your contact details to the complainant. TalentVX will provide You with the complainant's contact details and it will be Your responsibility to resolve the dispute with the complainant.

Should You choose not to contact the complainant, then TalentVX will take this factor, amongst other factors, into consideration when exercising its sole discretion to remove or suspend the Uploaded Interview from TalentVX.

You are responsible for making available a privacy statement to which your organization adheres, upon request from any party. You acknowledge that using the TalentVX service gives You the ability to control which email addresses gain access to Your Interviews but not who might view the interviews or in the case of a “Floated” interview except, who the email with the Float link might be forwarded on to and therefore where the Float link could be placed.

10. Term and Termination

a. TalentVX reserves the right to terminate this Agreement immediately in the event that You breach any of Your warranties or obligations specified in these Terms and Conditions.

b. You have the right and ability to suspend access to any interview to parties outside Your firm using TalentVX online tools.

c. You have the right to remove permanently any of Your uploaded interviews from the TalentVX Host server by any of Your TalentVX administrators emailing tech@talentvx.com and requesting an interview to be purged before it’s 6 month expiry.

d. All intellectual property rights (including present and future copyright) in the uploaded interview files are owned by TalentVX.

e. TalentVX provides you an exclusive, perpetual license for all media to use the interviews for the benefit of the Candidates employment and contracting prospects. The interview digital files can be transferred to Your nominated server via file transfer protocol (FTP) within 30 days if You terminate Your TalentVX account for any reason.

f. The term of Your relationship with TalentVX is unspecified and can be terminated with 30 days notice in writing.

11. Publicity

You agree to grant TalentVX permission to use Your name, logo and any quotes You may provide for the purpose of promoting and publicizing the TalentVX service.

12. Security

a. TalentVX will use every reasonable effort to maintain, and keep in place, the security of Your Uploaded Interviews to protect against unauthorized access.

b. TalentVX will use every reasonable effort to maintain, and keep secure, any personal information which You have provided to TalentVX from time to time in connection with this Agreement and to protect such information against unauthorized access. However, TalentVX reserves the right to disclose Your personal information if it is legally obliged to do so by a court of law or by a law enforcement agency.

c. TalentVX will make every reasonable effort to ensure the security of its host server content (including Your personal information).

d. You agree to fully indemnify TalentVX against all claims, costs, losses, or other damages You may incur as a result of a security breach of the TalentVX host server including but not limited to any fraudulent or illegal transactions involving the unauthorised use of Your Uploaded Interviews.

e. You acknowledge that from time to time and for any reason, the TalentVX host server may be down or unavailable for intermittent periods of time and You agree that You are not entitled to make any claim in damages or in any other cause of action against TalentVX as a result of this occurring.

f. Whilst TalentVX will make every reasonable effort to ensure the security of its host server, all financial transactions via the TalentVX Website are entered into by You at Your own risk and You agree that You are not entitled to make any claim in damages or in any other cause of action against TalentVX as a result of a breach of this security.

13. Indemnity

You indemnify and at all times will keep TalentVX indemnified from and against all costs, damages or expenses (including attorneys costs and expenses) incurred by the TalentVX in defending and/or settling any actions, suits, proceedings, claims or demands made or brought against TalentVX in consequence of any breach or non-performance of any or all of Your agreements, representations, undertakings and/or warranties in these Terms and Conditions.

14. Force Majeure

a. TalentVX shall not be deemed to be in default or in breach of this Agreement as a result of any event beyond the reasonable control of TalentVX ("Force Majeure").

b. In the event of a force majeure, TalentVX will not be responsible or liable for any loss of Your Uploaded Content and will not bear any costs associated with replacing that content.

15. GST

a. Where required, TalentVX will comply with the Australian New Tax System (Goods and Services Tax) Act 1999 ("GST legislation").

b. All amounts payable on the TalentVX site are exclusive of GST. If GST is applicable, then this will be charged at the rate governed by the GST Act.

c. TalentVX will collect GST payable by Australian TalentVX clients and will remit such GST in accordance with the GST Legislation.

d. In the event that clause 15 a. is applicable, You are required to provide Your ABN number to TalentVX at the same time as submitting Your TalentVX application, as per the mandatory field in the join page.

16. Alteration of These Terms and Conditions

You acknowledge and agree that TalentVX has the right to alter, revise or modify these Terms and Conditions in its sole discretion at any time. Each time You use the TalentVX service You should read these Terms and Conditions to ensure that if an alteration, revision or modification has been made to them, that You accept them, or else You must not participate in the TalentVX services.

17. General

a. Subject to clause 16 taking effect, this Agreement contains the entire agreement of the parties on this subject matter. All representations, communications and prior agreements in relation to the subject matter are superseded by this Agreement.

b. TalentVX is entitled at it's discretion to assign the benefit this Agreement and / or any of its rights under this Agreement in whole or in part to any other party.

c. In the event of a dispute between You and TalentVX, You agree to abide by and adhere to the jurisdiction of the courts in Victoria, Australia and be bound by the laws in that jurisdiction.

18. Purchasing TalentVX Services

a. Credit purchased on the TalentVX.com website can be used at anytime during 2 years from the date the credit is purchased.
b. If You have purchased credits to use on the TalentVX.com website, these credits are not refundable or transferable.

c. All TalentVX credit is purchased in US dollars

d. TalentVX credit can be used on TalentVX.com to purchase the services of TalentVX Independent Interviewers at the price per minute quoted on the selection page for Independent Interviewers. Inclusive in this price is the TalentVX technology associated with the Independent Interviewer's services. The TalentVX Independent Interviewer's listed price will fluctuate with the technology rate of the credit being used.

e. TalentVX credit can be used to buy TalentVX technology services at the applicable band relating to the amount of TalentVX credit purchased as set out in section 19.

f. TalentVX credit must be pre-paid via bank transfer for amounts over $10,000.00 USD by requesting an invoice from salesadmin@talentvx.com.

19. Pricing of TalentVX Services

a. Credit purchased at TalentVX can be used in two different ways, firstly for use of TalentVX technology and secondly for outsourcing interviews to TalentVX Independent Interviewers bundled with TalentVX technology.

b. TalentVX technology becomes even better value as larger quantities of credit are purchased, as per the table in the pricing schedule below.

Technology Rate	Purchase TalentVX Credit $USD	Technology per minute Rate $USD
1	$100 - $999	$1.75
2	$1000 - $9,999	$1.25
3	$10,000 - $49,000	$1.00

c. Credit used in outsourcing interviews to TalentVX Independent Interviewers is deducted dollar for dollar at the per min rate posted on the TalentVX listing of each TalentVX Independent Interviewer, it includes the TalentVX technology services associated with recording, uploading and hosting an interview for 6 months.

d. TalentVX credit is also used for extended hosting of interviews beyond the included first 6 months hosting. This is charged based on file size on a per Giga Byte (GB) basis. The current rate for extended hosting is $4.00 USD per GB per month.

e. Where new TalentVX credit is purchased before existing TalentVX credit is depleted, the oldest credit is always used first.

f. TalentVX reserves the right to change it’s pricing of future purchases at anytime.

h. Technology Rate 5 and 6 may be offered to existing TalentVX clients who have purchased TalentVX credit at Technology Rate 3 or 4. These clients may email salesadmin@talentvx.com to request a quote.

20. Utilization of Your Computer

If Your use of TalentVX service is dependent upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your licence to use TalentVX services are subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these terms and conditions and using TalentVX services, You have obtained such consent.

21. TalentVX Independent Interviewers

TalentVX facilitates the provision of interviewing services by TalentVX Independent Interviewers. It does this by selecting appropriately skilled and resourced independent business people to be available to interview on behalf of TalentVX clients using TalentVX Interview Technology.   When TalentVX Independent Interviewers are selected they agree to abide by the TalentVX Independent Interview Code of Conduct.

The use of TalentVX Independent Interviewers can be enabled by Your selection (using Your administration login) of appropriate TalentVX Independent Interviewers from our catalog thereby making these TalentVX Independent Interviewers available to Your staff or contractors to use for Your interviews.

The use of TalentVX Independent Interviewers can also be enabled by Your use of the "Outsource an Interview" function on the TalentVX home page. By using this option you authorize TalentVX to schedule and conduct interviews on Your behalf and deduct the appropriate payment from your TalentVX credit account.

A client policy field is available for You to instruct Your staff under what circumstances each of Your selection of TalentVX Independent Interviewers should be used. TalentVX takes no responsibility for any possible non adherence to Your policy.

TalentVX Independent Interview services are charged by the minute with a minimum of 25 minutes per interview.

The TalentVX Independent Interviewer price per minute is posted on the TalentVX Independent Interviewer’s listing and includes the TalentVX technology services associated with recording, uploading and hosting an interview for 6 months.

This TalentVX Independent Interviewer price can be reduced at anytime without notice however can only be increased once a calendar month with notice given via a TalentVX client update email.

Any increase will not be more than 10% in any given month.

You (using you administration login) will need to remove a selected TalentVX Independent Interviewer from Your list of approved TalentVX Independent Interviewers if You wish to stop Your staff using a previously selected TalentVX Independent Interviewer.

TalentVX Independent Interviewers will always upload an interview conducted and recorded on Your behalf. They might provide a brief opinion about the Candidate based on their knowledge, experience and the Interview they have just conducted.   They will make no judgment on the quality or appropriateness of a Candidate.

If a Candidate provides short answers or avoids answering questions and the TalentVX Independent Interviewer cannot encourage more detail or accuracy, the TalentVX Independent Interviewer can:

§    revisit previous questions,
§    reword the question using their own judgment to help the Candidate provide a more full answer,
§    end the interview before the allotted time
§    ask more detailed supplementary questions to highlight strengths or weaknesses in the candidates knowledge

If Your allotted time is the minimum TalentVX Independent Interview of 25 minutes and the interview ends early for whatever reason You will be charged the minimum time of 25 minutes. Note: An interview recording interrupted by temporary disconnection of the Skype video call can be resumed with little impact to the recorded interview.

If for any reason a Candidate fails to Skype Video call for a confirmed TalentVX Independent Interview during the allotted and confirmed time. You will be charged one third (33%) of the allotted TalentVX Independent Interviewers fee for that interview.

If Your allotted time is over the minimum of 25 minutes for TalentVX Independent Interview and the interview ends before your allotted time then You will only be charged for the services of the recorded interview that is uploaded onto the TalentVX servers. This means if You allot 40 minutes for a TalentVX Independent Interview and the interview only goes for 30 minutes, You will be charged for the 30 minutes uploaded and not 40 minutes allotted.

TalentVX will deduct the relevant charge for a TalentVX Independent Interview from your TalentVX credit account. TalentVX is responsible for all payments to TalentVX Independent Interviewers.

TalentVX Independent Interviewer and Group Leader Terms and Conditions

The following Terms and Conditions set out the way in which the TalentVX Interview Technology service operates and Your rights and obligations in relation to the recording, uploading and streaming of interviews on the "TalentVX service" as well as being a Independent Interviewer of the "TalentVX service".

The "TalentVX service" is (a) the TalentVX interview hosting and streaming service (b) the TalentVX website and (c) the service of business networking including the facilitation of tagging, commenting and voting (d) an interview outsourcing intermediary and (e) any and all aspects of facilitating the exchange of uploading, streaming and viewing of interviews.

You should therefore read the following Terms and Conditions carefully.

If You agree with the Terms and Conditions and your application is accepted, then You have the right to use the TalentVX service as an TalentVX Independent Interviewer

If You do not agree with the TalentVX Independent Interviewer Terms and Conditions, then You do not have the right use the TalentVX Independent Interviewer Technology in any way or capacity.

By clicking on the "I accept" button at the end of these Terms and Conditions, You thereby (a) accept these Terms and Conditions on behalf of Yourself or on behalf of any third party entity (and You warrant that that third party entity has given You legal authority to accept these Terms and Conditions on their behalf), including that You are at least 18 years old (b) agree to be legally bound by the Terms and Conditions and (c) have entered into a binding agreement between You and TalentVX ("Agreement").

1. Definitions

"You" or "Your" or “Your Firm” or “TalentVX Clients” means You, or if You are entering this Agreement on behalf of a third party entity, then "You" means that third party entity and includes recruitment firm’s and employer entities.

"We" or "Us" or "TalentVX" means TalentVX Pty Ltd and its employees or contractors.

“Candidate” is an interviewee or person being interviewed by either You or a “TalentVX Independent Interviewer”

“Stakeholder” is a TalentVX end user that a TalentVX Client can invite to view streamed interviews, make comments about that interview and vote using web based tools. A Stakeholder must login with their email address and a password to access the interviews they have been invited to see.

A” Floated” interview is a TalentVX Client defined except of an Interview sent via an unsecured link to any email address considered by a TalentVX Client to benefit the employment or contracting prospects of a Candidate.
“TalentVX Independent Interviewer” is an independent business person who provides interviewing services to You using TalentVX technology.

A “TalentVX Administration Login” is a TalentVX Client user with special authority to create more TalentVX Interviewer or Administration login’s under the TalentVX Client’s account. TalentVX Administration Login can buy TalentVX Credit and set policy and account administration functions.

A “TalentVX Interviewer Login” has limited authority to act for the TalentVX Client. It can act on TalentVX Client policy, use Your TalentVX Credit but not set or administer TalentVX Client policy.

The “TalentVX Independent Interviewer Code of Conduct” is the policy TalentVX Independent Interviewers follow when conducting interviews on behalf of Your Firm.

The “TalentVX Independent Interviewer Operations Manual” is a technical document that defines how TalentVX Independent Interviewer uses TalentVX.

2. Proprietary Rights

Nothing contained in this Agreement conveys any ownership right to You in any intellectual property rights (including present and future copyright) in any of the recorded or Uploaded Interviews, or other materials or software provided to You by TalentVX or TalentVX Clients.

3. TalentVX Independent Interviewers

4. TalentVX Independent Interviewer Pricing

a. Before acceptance as a TalentVX Independent Interviewer, You and TalentVX will agree on Your initial price per minute. This price will be fixed for Your first 3 months as a TalentVX Independent Interviewer.

b. Your agreed price per minute is is added to the TalentVX clients applicable technology rate and posted with your details, skills, qualifications and a video excerpt of your TalentVX interview for this TalentVX Independent Interviewer application.

c. Your agreed price can be reduced at anytime without notice, however can only be increased after the 3 month probationary period and then only once a calendar month

d. Notice of Your price increase will given to TalentVX Clients that have You listed as approved via a monthly TalentVX client update.

e. Any increase can not be more than 10% in any given month.

f. TalentVX clients can remove a previously selected TalentVX Independent Interviewer from their list of approved TalentVX Independent Interviewers. This can happen at anytime if they wish to stop their recruiters using a previously selected TalentVX Independent Interviewer. TalentVX clients don’t need to give a reason for removing a TalentVX Independent Interviewer from their approved list.

5. TalentVX Independent Interviewing Practice

a. When TalentVX Independent Interviewers are selected they agree to abide by the TalentVX Independent Interview Code of Conduct.

b. TalentVX clients allot a given amount of time for an Interview, the minimum is 25 minutes. TalentVX Independent Interviewers will not be paid for more than the allotted time for any interview. The TalentVX Independent Interviewer Code of Conduct provides guidelines on interview time management.

c. TalentVX clients will provide questions for the interview and expect all questions to be asked by the Interviewer and answered by the candidate.

d. If the allotted time is the minimum TalentVX Independent Interview of 25 minutes and the interview ends early for whatever reason, You will be paid the minimum time of 25 minutes. Note: An interview recording interrupted by temporary disconnection of the Skype video call can be resumed with little impact to the interview recording.

e. You will make yourself available to provide TalentVX Independent Interviews for at least 60 hours per month using the TalentVX Online Schedule.

f. When an Candidate (Interviewee) requests an interview during a period you have made yourself available, You will either confirm or reject the interview within 36 hours

g. If you cannot or will not be able to confirm or reject an interview request for a future available time within 36 hours You will make yourself offline on Your TalentVX schedule. This will temporarily take Your services off the market until you can respond to requests within 36 hours. Taking Yourself offline does not permanently remove you from the approved lists of TalentVX clients, only unavailable until you make yourself online again.

h. As a TalentVX Independent Interviewer, You must use operational equipment and Internet access of a minimum standard specified in the TalentVX Independent Interviewer Operations Manual.

6. TalentVX Independent Interviewer Payments

a. TalentVX charges a 30% administration fee on all Your gross revenue.

b. As a TalentVX Independent Interviewer, You will be paid by TalentVX for any completed and uploaded Interviews of the previous month on the first working day after the 15th of the current month.

c. Payments to TalentVX Independent Interviewers are only made via PayPal to the email address You have registered with TalentVX.

d. As a TalentVX Independent Interviewer, You are an independent business person and as such responsible for all applicable government charges and taxes in your country and state.

e. If for any reason a Candidate (Interviewee) fails to Skype Video call or answer a Skype Video call for a confirmed TalentVX Independent Interview during the allotted and confirmed time. You will be paid one third (33%) of the allotted TalentVX Independent Interviewers fee for that interview less the 30% TalentVX administration fee.

f. If the allotted time is over the minimum of 25 minutes for TalentVX Independent Interview and the interview ends before your allotted time then You will be paid only for the recorded interview that is uploaded onto the TalentVX servers. This means if You conduct an interview allotted 40 minutes and the interview only goes for 30 minutes, You will be paid for the 30 minutes uploaded (less the 30% TalentVX administration fee) and for the not 40 minutes allotted.

7. Indemnity

8. Force Majeure

a. TalentVX shall not be deemed to be in default or in breach of this Agreement as a result of any event beyond the reasonable control of TalentVX ("Force Majeure").

b. In the event of a force majeure, TalentVX will not be responsible or liable for any loss of interviews recorded or uploaded and will not bear any costs associated with replacing that interview.

9. GST

a. Where required, TalentVX will comply with the Australian New Tax System (Goods and Services Tax) Act 1999 ("GST legislation").

b. All amounts payable on the TalentVX site are exclusive of GST. If GST is applicable, then this will be charged at the rate governed by the GST Act.

c. TalentVX will collect GST payable by Australian TalentVX clients and will remit such GST in accordance with the GST Legislation.

d. In the event that clause 9 a. is applicable, You are required to provide Your ABN number to TalentVX at the same time as submitting Your TalentVX application, as per the mandatory field in the join page.

10. Alteration of these Terms and Conditions

11. General

a. Subject to the approval of this application by TalentVX, this Agreement contains the entire agreement of the parties on this subject matter, except for the TalentVX Independent Interview Code of Conduct and the TalentVX Independent Interviewer Operations Manual. All representations, communications and prior agreements in relation to the subject matter are superseded by this Agreement.

b. TalentVX is entitled at it's discretion to assign the