Terms of service
1. Who we are
SmartRecruit is provided by The Leadership Bureau Limited, a private company registered in Kenya under number PVT-BEUXPKPX ("we", "us"). Our registered office is at Ndemi Gardens Apartment, 6th Floor, Off Ngong Road, Nairobi West, Nairobi County, P.O. Box 100-00100 G.P.O. Nairobi, Kenya. Our postal and correspondence address is Avenue House Plaza, Kenyatta Avenue, Mezzanine Floor, Office 10, Nairobi, Kenya. You can reach us at hello@smartrecruit.co.ke.
2. This agreement
These terms are an agreement between us and the business that creates an agency workspace in SmartRecruit ("you", "the agency"). The person who creates the workspace confirms that they are allowed to accept these terms for that business. SmartRecruit is for businesses only, not for personal or household use.
Our privacy policy and our data processing agreement form part of this agreement. If they conflict with these terms on how personal data is handled, the data processing agreement wins.
3. The service
SmartRecruit is online software for managing recruitment: candidates and their documents, pipeline stages, job orders, clients, interviews and offers, CVs and other documents, online application forms, a client portal, invoices and email. We may improve, add or change features over time. We will not remove a major feature that you pay for without telling you at least 30 days before.
4. Accounts and your team
- Each person signs in with their own email address and password. Do not share logins.
- The owner and admins of your agency decide who is invited, what role they have and which pages they can see. You are responsible for what your staff do in SmartRecruit and for removing people who leave.
- Keep your passwords safe and tell us straight away at support@smartrecruit.co.ke if you think an account has been misused.
5. Free trial, plans and payment
- Trial. A new agency gets a free trial of 14 days with the features of the Growth plan. No payment details are needed for the trial.
- Plans and prices. The plans, their limits and their prices in Kenya shillings are shown on our pricing section and in the app under Settings, Plan & billing. If VAT or another tax applies, it is shown before you pay.
- How you pay. Payments are taken by Paystack, a licensed payment provider. We never see or store your full card number or M-Pesa PIN.
- An M-Pesa (or one-off card or bank) payment pays for one month or one year. Paying before the end of a period adds the new time on top.
- A card plan renews automatically at the end of each month or year until you cancel it.
- By agreement you may also pay against our invoice by bank transfer.
- Changing plans. You can move to another plan at any time by paying for it. If your use is above the new plan's limits (for example more staff than it allows), you will not be able to add more until you are back within them. Nothing is deleted.
- Price changes. We may change prices with at least 30 days' notice by email. A new price applies from your next payment after the notice period.
- Refunds. Payments are for the period you choose and are not refunded for unused time, unless the law requires it or we end the agreement without cause, in which case we refund the unused part of the period you paid for.
6. If a payment is missed
If your trial ends without a plan, or a paid period ends without renewal, your agency becomes read-only: your staff can still sign in, view, print and export every record, but cannot add or change anything. A failed card renewal gets 3 days' grace first. Paying again restores full use straight away.
If an agency stays read-only for 12 months, we may delete its workspace after telling the owner by email at least 30 days before.
7. Your data
- Everything you put into SmartRecruit (candidates, documents, clients, job orders, invoices and so on) belongs to you. We do not sell it, and we do not use it for anything other than providing and supporting the service for you.
- For the personal data of candidates, applicants, client contacts and your staff, you are the data controller and we are your data processor under the Kenya Data Protection Act, 2019. Our data processing agreement sets out how we handle it.
- You are responsible for having a lawful reason to collect each piece of personal data you keep, for telling candidates how their data is used and shared (including with employers abroad), for any registration your business needs with the Office of the Data Protection Commissioner, and for what you choose to share through the client portal, CVs and emails.
- You can export your data at any time from the app.
8. Acceptable use
You must use SmartRecruit only for lawful recruitment and placement. In particular you must not:
- use it in connection with human trafficking, forced labour, or recruiting anyone under the legal working age;
- break the laws that apply to recruiting workers for jobs abroad, including any licensing rules for recruitment agencies, or charge candidates fees that the law does not allow;
- upload content that is unlawful, or that you have no right to hold or share;
- try to get into another agency's data, test or bypass our security, or overload the service;
- copy, resell or rent out the service, or use it to build a competing product.
We may suspend an agency that breaks these rules, or when a competent authority lawfully requires us to. Where it is safe and lawful to do so, we will tell you why and give you a chance to fix the problem first.
9. Availability and support
We work to keep SmartRecruit available at all times, but we do not promise that it will never be interrupted. We may need short maintenance breaks and will try to schedule them outside Kenyan working hours. Support is by email at support@smartrecruit.co.ke on Kenyan working days. Agency plan customers get priority replies.
10. Our software
SmartRecruit, its design, code and documentation belong to The Leadership Bureau Limited. We give you the right to use the service for your agency's own business while this agreement lasts. If you send us ideas or feedback, we may use them without owing you anything.
11. Confidentiality
Each of us will keep the other's confidential information private and use it only for this agreement, unless the law requires it to be disclosed. Your data is always treated as your confidential information.
12. What we promise and what we do not
We will provide the service with reasonable skill and care. Apart from that, and as far as the law allows, the service is provided as it is. SmartRecruit is a tool for running your agency; it does not give legal, immigration or employment advice, and you remain responsible for the documents you issue and the decisions you make.
13. Limits on liability
- Neither of us is liable to the other for loss of profit, business, goodwill or data that you could have recovered from your own exports, or for indirect losses.
- Our total liability to you in any 12 months is limited to the fees you paid us in those 12 months.
- Nothing in these terms limits liability that cannot be limited by law, such as for fraud.
- You will cover our reasonable losses if a claim is made against us because of data you uploaded without the right to do so or because you broke section 8.
14. Cancelling and ending the agreement
- You can cancel a card plan at any time in Settings, Plan & billing. It stays active until the end of the period you paid for. An M-Pesa period simply ends if you do not pay again.
- You can ask us to close your agency and delete its data at any time by emailing support@smartrecruit.co.ke from the owner's email address.
- We may end the agreement with 30 days' notice, or straight away if you seriously break these terms.
- When the agreement ends, you have 30 days to export your data. After that we delete it within 90 days, including from backups, unless the law requires us to keep it.
15. Changes to these terms
We may update these terms. If a change matters, we will email the owner of each agency at least 30 days before it applies. If you do not agree, you can cancel before then. The date at the top always shows the current version.
16. Law and disputes
These terms are governed by the laws of Kenya. If we disagree, we will first try to resolve it by talking in good faith. If that does not work within 30 days, either of us may refer the dispute to mediation in Nairobi, and if mediation fails, to the courts of Kenya at Nairobi.
17. General
If a part of these terms is found to be unenforceable, the rest still applies. Not enforcing a right straight away does not mean giving it up. You may not transfer this agreement without our written agreement; we may transfer it to a company that takes over SmartRecruit, and will tell you if we do. Notices to us go to hello@smartrecruit.co.ke; notices to you go to your agency owner's email address.