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Recruiter Terms and Conditions - JobsGroup.net Ltd.
Version 28 - 8th January 2008 These Conditions are deemed accepted by the Client when the Services of JobsGroup.net have been accessed by the Client or ordered and upon signature of the Service Agreement by the Client. 1. Definitions 1.1. In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise :- Advertisement Advertising Agency Applicant Application Manager Application Manager Services Candidate Client Conditions Contract Corporate Profile CV CV Access CV Services CV Monitor Direct Employer Display Advertisement End Client Fees Filtering Form JobsGroup.net Jobs-by-Email Jobs-by-Email Sponsorship Key Questions Licence Lineage Advertisement Live Vacancy Listing Location Sponsorship Logo Button Look Who’s Looking Management Reports Month Example 1, a Contract starts on 24th February. The first month ends on 23rd March. All subsequent months start on the 24th of the month and end on the 23rd of the next month. Jobseeker Homepage Recruiter Recruitment Agency Recruitment Process Outsourcing Agency Sector Sponsorship Services Service Agreement Site Start Date Term Vacancy Manager Vacancy Posting Software Vacancy Ratings Visitor 2. Services Generally 2.1. The Client agrees to provide JobsGroup.net, in such a format as JobsGroup.net may request, any information, design work, artwork and logos necessary to enable JobsGroup.net to provide those Services. 2.2 JobsGroup.net shall not be obliged to provide those Services until the Client has supplied it with the information, design work, artwork and logos necessary to provide those Services. Such information shall be supplied within 5 days of the date of the signed Service Agreement, or such later date as agreed by JobsGroup.net. 2.3 Advertisements will become live on the Site only when the Client has approved the design work, set-up, artwork and logos. If a Client has been authorised to approve any design work, artwork or logos on behalf of the End Client, then the Client must provide proof of this in writing to JobsGroup.net on request. 2.4 JobsGroup.net shall make such modifications to any Advertisement as are reasonably requested by the Client provided that JobsGroup.net reserves the right to charge at the rate of 75 Pounds Sterling per hour for the time involved in connection with such modifications. 2.5 Once a Contract is signed by the Client, the Contract remains in force for the full duration of the Term and may not be cancelled by the Client. If the Contract is a rolling contract the Client must give 30 days notice of cancellation in writing to the Sales Director by recorded delivery. Cancellation of rolling contracts is only permitted after the first contracted month end. 2.6 The Client may remove an Advertisement from the Site before the Advertisement has reached its expiry date, but shall not be entitled to a refund for the time not used. The Client may extend the term of an Advertisement provided they have purchased a sufficient quota of the relevant Service. 2.7 If any quota of Services which are to be used with any period of time specified in the Service Agreement are not used within that period of time, then in each case the Client shall still be responsible for the full payment of the invoiced amount as if the Services had been properly and fully provided (and for the avoidance of doubt JobsGroup.net shall not be liable for providing any unused Services and such Services may not be carried over to any subsequent period.) 2.8 JobsGroup.net reserves the absolute right, without giving any reasons, to decline, cancel or remove any Advertisement or provision of Services for any reason and at any time without prior notice. 2.9 An Advertisement or Service which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act or the Age Discrimination Act. A statement must be made at the time the Advertisement is placed or Service used saying which of the exemptions in the Act(s) is considered to apply. 2.10 JobsGroup.net will use its reasonable endeavours to publish the Advertisement or provide the Services on the agreed date. JobsGroup.net does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Services and has the right at its sole discretion to decline to publish or omit, suspend or change the position of any Advertisement accepted by it. 2.11 Links to a Client's or End Client's website will not be permitted to appear in any Advertisement placed, with the exception of Corporate Profiles, or Service used by the Client without JobsGroup.net's prior consent. 2.12 JobsGroup.net may at its discretion and without prior notice, report any Advertisement or Service used which in its reasonable opinion is being used for an improper or illegal purpose by a Client to the relevant authorities including, without limitation, the Department of Employment and Learning, the Office of the Information Commissioner and the Recruitment and Employment Confederation. JobsGroup.net may also disclose information about any Client to any third party, as JobsGroup.net shall deem necessary to protect its interests or the interests of Clients, Recruiters, Candidates, Applicants and/or other users of the Site. 2.13 JobsGroup.net shall be entitled at anytime without notifying the Client to make changes to the Services, which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided. 2.14 JobsGroup.net will only make available or supply copies of the CVs that have been received by it for distribution to Clients of JobsGroup.net solely for the purpose of securing suitable employment for the Candidates. 2.15 The Client is responsible for the use of the login and password used to access JobsGroup.net services. The login and password details must be kept confidential and must not shared with, or used by, any third party without prior written permission from the Client’s JobsGroup.net Account Manager. It is the responsibility of the Client to change their password at regular intervals. The Client is responsible for the use of consultant (employee) accounts and must immediately disable the account of any consultant (employee) if their employment with the Client ends. 3. Lineage Advertisements and Display Advertisements If the Services include Lineage Advertisements or Display Advertisements, the provisions of this clause 3 shall apply thereto. 3.1 All Lineage Advertisements and Display Advertisements are to be entered online by the Client, sent in the JobsGroup.net email template to a JobsGroup.net email address or sent in a specific JobsGroup.net file format to a JobsGroup.net file directory notified by JobsGroup.net to the Client. 3.2 Each unique Lineage Advertisement and Display Advertisement will be sent out once to all relevant Candidates six times per week via the Jobs-by-Email Service. 3.3 Lineage Advertisements and -Display Advertisements will remain live on the Site and available for searching via the internet for the period stated in the Service Agreement. 3.4 Any Lineage Advertisement or Display Advertisement placed on the Site may be expired and removed by the Client. The Client will be charged for the duration for which the Lineage Advertisement or Display Advertisement was originally placed. 3.5 JobsGroup.net will use reasonable endeavours to procure that Lineage Advertisements and Display Advertisements will become live on the Site within 1 hour of submission to the Site. 3.6 Lineage Advertisements and Display Advertisements may link only to a Client's Corporate Profile or Live Vacancy Listing or contact details but may not contain a link, or references, to the Client's website. 3.7 A Lineage Advertisement or Semi-Display Advertisement shall contain the details of, accurately describe and pertain to no more than a single vacancy. 3.8 Display Advertisements will be ranked higher in the results of a Candidate's search on the Site than identical Lineage Advertisements. 3.9 JobsGroup.net may edit, remove or refuse to publish any Lineage Advertisement or Display Advertisement: 3.10.1 containing unnecessarily repeated words or phrases which cause a false positioning in the search results seen by a Candidate; 3.10.2 advertising products, services, businesses or websites, including, but not limited to, franchises, pyramid selling, network marketing, multi-level marketing and 'get rich quick' schemes. 3.11 Where the Client chooses to use Vacancy Posting Software to submit a Lineage Advertisement or Display Advertisement to the Site, the Client accepts that any malfunction of, or change to, the Vacancy Posting Software or its incompatibility with JobsGroup.net's systems causing incorrect, missing or multiple submissions to the Site is entirely the responsibility of the Client and the Client agrees that any quota of Services used and Fees incurred will be payable in full. 4. Corporate Profiles and Logo Buttons If the Services include Corporate Profiles, the provisions of this clause 4 shall apply thereto. 4.1 Corporate Profiles shall be provided in the form supplied by the Client to JobsGroup.net provided that they comply with the provisions of this Contract. Subject to clause 2.4, JobsGroup.net shall make such modifications to any Corporate Profiles as are reasonably requested by the Client. 4.2 In relation to Corporate Profiles: 4.2.1 Corporate Profiles will remain live on the Site for the duration in the Service Agreement, as requested by the Client. 4.2.2 Corporate Profiles may contain one link to the Client's website and a link to the Client's Live Vacancy Listing. 4.2.3 Corporate Brochures may contain up to a maximum of number characters of text, per page, as stated in the Service Agreement. 4.2.4 A Logo Button will be located on the home page of the Site and the Jobseeker home page periodically, and these Logo Buttons will link to each Client's primary Corporate Brochure. 4.3 In relation to Logo Buttons: 4.3.1 Logo Buttons will not exceed three thousand bytes in graphic size and will be static. 4.3.2 Logo Buttons will be displayed on a rotational basis and no guarantee is made by JobsGroup.net of the number of times on which they will be displayed and the Client accepts that no obligations are imposed on JobsGroup.net in this regard whatsoever. 5. Headline Banners and Sector Banners If the Services include Headline Banners and Sector Banners, the provisions of this clause 5 shall apply thereto. 5.1 Headline Banners and Sector Banners may link to either a Corporate Brochure or a Live Vacancy Listing or a vacancy Advertisement. 5.2 Headline Banners must not exceed twelve thousand bytes in size and their dimensions must measure 468 x 60 pixels. Sectors Banners must not exceed twelve thousand bytes in size and their dimensions must measure 630 x 30 pixels. 5.3 Headline Banners and Sectors Banners designed by will be static banners. Animated banners may be used if they are supplied complete to by the Client at the Client's own expense and conform with the parameters set out by. JobsGroup.net will accept banners produced in Flash graphics however the Client should be aware JobsGroup.net is unable to track the number of times users click on Flash banners. 5.4 Headline Banners and Sectors Banners are live on the Site for the duration stated in the Service Agreement, as requested by the Client. 5.5 Headline Banners and Sectors Banners will be displayed on a rotational basis and no guarantee is made by JobsGroup.net of the number of times on which they will be displayed and the Client accepts that no obligations are imposed on JobsGroup.net in this regard whatsoever. 6. Jobs-by-Email, E-Shot and Newsletter Sponsorship If the Services include Jobs-by-Email, E-Shot and Newsletter Sponsorship, the provisions of this clause 6 shall apply thereto. 6.1 Jobs-by-Email, E-Shot and Newsletter Sponsorship is on specific dates or says of the week as stated in the Service Agreement as agreed between JobsGroup.net and the Client. 6.2 The sponsored message may contain a link only to a Client's Corporate Profile or Live Vacancy Listing or any individual vacancy Advertisement. 6.3 The Client accepts that JobsGroup.net cannot guarantee the number of recipients of the Jobs-by-Email Sponsorship and that no obligations are imposed on JobsGroup.net in this regard. 7. CV Services If the Services include CV Services, the provisions of this clause shall apply thereto. 7.1 The Services are subject to any instructions from a Candidate that his or her details should or should not be made available to the Client. In the event that JobsGroup.net has reason to believe or suspect that its CV Services are being abused by the Client, including but without limitation to the breach of this Clause, JobsGroup.net reserves the right to immediately suspend or terminate the Contract. 7.2 The CV Monitor service will (under normal circumstances) be delivered to the Client by email on a once per day basis and such email will include all CVs identified by the search strings selected by the Client pursuant to clause 7.3. 7.3 The CV Monitor service will allow the Client to select, at any one time, up to the number of search strings specified in the Licence, with each search string allocated to an email address, to which the CVs will be sent to. 7.4 The CV Access service will (under normal circumstances) be available to the Client at all times and will allow up to the number of Client's Recruiters specified in the Licence, access to all CVs on the Site. Where multiple CV Access service lines are specified on the Service Agreement, the Licence with the higher number of users applies and supersedes the lower number of users. 7.5 JobsGroup.net cannot guarantee the minimum number of new CVs available on any CV Service on any given day. 7.6 JobsGroup.net will (under normal circumstances) ensure that CVs are made available to the Client via CV Monitor within one working day of receipt of the CV from a Candidate, or searchable online within one hour of receipt of the CV from a Candidate via CV Monitor. 7.7 CV Monitor is available in multiples of Months, as requested by the Client. 7.8 In relation to the CV Services the Client shall ensure that no automatic extraction software (to include software tools commonly known as robots and spiders) or any other means, are engaged or deployed, either on a temporary or a permanent basis, or unless specifically requested by the Client and approved in writing by a director of JobsGroup.net, to facilitate the downloading or capturing of volume quantities of CVs from the JobsGroup.net database irrespective as to which CV Service has been purchased from JobsGroup.net. In the event that JobsGroup.net has reason to believe or suspect that its CV Services are being abused by the Client, including but without limitation to the breach of this Clause, JobsGroup.net reserves the right to immediately suspend or terminate the Contract. Please note JobsGroup.net monitors CV downloads and any Client found to download CVs at a speed or volume exceeding fair or reasonable use of the CV Services for normal business purposes will have use of the service suspended, subject to review, which may lead to the termination of the Contract. 8. Filtering Forms If the Services include the completion of Filtering Forms by or on behalf of the Client then the provisions of this clause 11 shall apply thereto: 8.1 The Client shall ensure that the Filtering Forms completed by it or on its behalf: 8.1.1. are not discriminatory offensive, illegal, obscene or indecent, or capable of being resolved into obscene or indecent images or material; 8.1.2. are not defamatory, threatening or racially, ethnically or otherwise objectionable; 8.1.3 are not designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person; 8.1.4 do not infringe the rights (including, without limitation, the intellectual property rights) of another person. 8.2. Filtering Forms are live on the site in multiples of Months, as requested by the Client. 9. Obligations of JobsGroup.net 9.1 JobsGroup.net will use its reasonable endeavours to enable Applicants the facility of viewing the Clients' Advertisements on the Site and to provide the Services to the Client. However, the Client accepts that JobsGroup.net cannot guarantee the number of occasions on which any individual Advertisement appears on the Site and that no obligations are imposed on in this regard. 10. Obligations of the Client 10.1. The Client hereby undertakes and warrants to JobsGroup.net: 10.1.1. to use all reasonable precautions against access of the Site (or any website that is, or may become linked to any website) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Client's hardware and the rest of the Site; 10.1.2. to comply with the provisions of the Data Protection Act 1998 or relevant legislation with regard to any Applicant information received by it and in particular to keep such information confidential. 10.1.3. in relation to any Advertisement the Client is a principal notwithstanding that the Client may be acting directly or indirectly for a third party; 10.1.4. the reproduction and/or publication of the Advertisement by JobsGroup.net as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render JobsGroup.net liable to any proceedings whatsoever and the Client indemnifies JobsGroup.net against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by JobsGroup.net as a result of this undertaking and warranty being incorrect; 10.1.5. any information supplied by the Client in connection with the provision of the Services is accurate, complete and true; 10.1.6. in respect of any Advertisement which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Client has obtained the authority of such living person to make use of such name, representation and/or copy; 10.1.7. each Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate; 10.1.8. no Advertisement contains any data, image or other material which; (a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material; (b) is defamatory, threatening or racially, ethnically or otherwise objectionable; (c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person; (d) infringes the rights (including, without limitation, the intellectual property rights) of another person; (e) is designed or likely to cause disruption to any computer system or to any network; (f) is illegal or designed or likely to induce an illegal act. 10.2. The Client is responsible for ensuring that the content of any Advertisement and the use of the Services is not discriminatory, obscene, defamatory, or in any other way illegal or in breach of any legislation. The Client also agrees to comply with all relevant industry Codes of Practice. 10.3. The Client acknowledges that it is not vested with any proprietary rights in respect of the Site, or any CV or other information submitted by any Applicant. 10.4. The Client shall indemnify JobsGroup.net against all claims made by the third parties in respect of the misuse of the data supplied to the Client. 10.5. The Client shall obtain from the Applicant, as much information about the Applicant's qualifications and experience, as is necessary for determining whether the Applicant is suitable for employment, and shall ascertain that the Applicant has such qualifications as are required by law. 10.6. The Client shall ensure that the Applicant is fully aware of any conditions imposed by law, which must be satisfied by the Applicant and that any employment resulting therefrom shall be legal. 10.7. The Client agrees not to employ, or make arrangements to employ, a young person (being a person under the age of 18) who is attending, or has ceased to attend school, unless the Client has made all such enquiries as are reasonably practicable for the purposes of ascertaining that the young person has received vocational advice. 10.8. The Client will obtain at least two character references from suitable persons, not being relatives of the Applicant but being resident or based in the vicinity of the normal place of residence of the Applicant, in respect of any Applicant applying for a job in the United Kingdom where the Applicant is resident outside the United Kingdom, and in any event not offer employment to an Applicant where the rate of repayment of any advance of fare is 1/8th or more of the Applicant's basic weekly pay or the total amount to be repaid is more than three weeks' pay in the job. 10.9. The Client shall ensure that the Applicant, before departing for the employment, receives a written statement in a language they understand giving full details of their employment. 10.10. The Client agrees to keep a written record of all job applications, for a period of not less than one year from the date of employment or, where no employment results, from the date the job application is rejected. 10.11. The Client shall: 10.11.1. use all CVs supplied for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Candidates; 10.11.2. ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Act 1998 to the extent that it applies and complies with its obligations under that Act; 10.11.3. keep confidential the CVs and all other information supplied by JobsGroup.net or Candidates to the Client or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Candidates with their express consent in respect of the CVs; 10.11.4. obtain the express consent of a Candidate prior to submitting his or her CV to any person; 10.11.5. not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from JobsGroup.net to any person provided that where the Client is a Recruitment Agency it may make CV's available to its genuine End Clients who intend to recruit such Candidates for their own employment: 10.12. The Client: 10.12.1. acknowledges that the Client and JobsGroup.net may agree that JobsGroup.net can accept instructions in relation to the Services (without having to refer to the Client) from any of the following persons; 10.12.2. authorises JobsGroup.net to accept instructions in relation to the Services (without having to refer to the Client) from any Recruiter and any person using such passwords. 11. Rates 11.1. The rates shall be those rates as agreed between JobsGroup.net and the Client in the Service Agreement. 12. Payment 12.1 Payment for Services will be made according to the payment terms specified in the Service Agreement. 12.3 JobsGroup.net will provide invoices to each Client in accordance to the terms in the Service Agreement. Liability for payment arises from provision of the Services. Further, all items on the invoice are deemed to be payable and any errors or omissions must be communicated to JobsGroup.net in time to be rectified before payment becomes due. Payment for the provision of the Services shall be made as aforesaid whether or not the Client shall have provided JobsGroup.net with an order number at the time of signing the Service Agreement. 12.4 The Client agrees to pay to JobsGroup.net in respect of each item of Services for which payment is not made by the due time: (a) 7% of the invoice total which is applied as a surcharge and will become payable should settlement fall outside our payment terms; and 12.5 All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable. 13. Liability 13.1 JobsGroup.net does not verify or guarantee any Applicant's details whether forwarded to the Client via JobsGroup.net or otherwise. JobsGroup.net accepts no responsibility as to the suitability of Applicants who respond to Advertisements or Services. 13.2 The Client shall satisfy itself as to the suitability of any Applicant and shall take up any reference provided by the Applicant before engaging any such Applicant. 13.3 The Client shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Applicant, and shall satisfy itself of any medical or other requirements or qualifications required by law. 13.4 JobsGroup.net does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Client's use of (or inability to use) this Site. 13.5 JobsGroup.net makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programmes and/or that the Site shall operate uninterrupted and error-free. 13.6 JobsGroup.net does not accept liability, of any description, however arising, for any loss or damage caused to any Client, or any other third party, arising from any virus or other impairing computer program contained in any CV submitted by any Applicant. 13.7 JobsGroup.net does not accept liability for: 13.7.1 any loss of copy, artwork, photographs, data or other materials that the Client supplies to JobsGroup.net and the Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require; 13.7.2 any mistakes or errors whatsoever that arise during the course of publication of any Advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Client. 14. Indemnity 14.1 The Client agrees to indemnify JobsGroup.net and to keep JobsGroup.net indemnified in respect of, but not limited to, all damages, costs or liabilities that JobsGroup.net may incur arising from an Advertisement or use of any Service, and in particular resulting from the following: 14.1.1. the publication of any defamatory statement; 14.1.2 breach of copyright; 14.1.3 any claims made by any person in respect of race, religion, age, sex or disability discrimination; 14.1.4 any breach by the Client of any warranty given hereunder. 15. Disclaimer 15.1. Except as otherwise provided by statute, JobsGroup.net disclaims all warranties, express or implied by law of statute, in relation to, but not limited to, the Site 16. Governing Law and Jurisdiction 16.1 These Terms shall be governed by, and construed in accordance with, the laws of England and Wales and each party irrevocably submits to the exclusive jurisdiction of its courts. 17. Miscellaneous 17.1 The signing of a Service Agreement for provision of Services amounts to an acceptance of these Terms to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing. 17.2 If any provision of these Terms is held to be void or unenforceable in whole or in part, these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by JobsGroup.net shall be effective except in relation to the matter in respect it was specifically given. 17.3 Nothing in these Terms is intended to confer on any person any right to enforce any provision of these Terms, which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. Insofar as the Client is a consumer (as that term is defined in the Consumer Protection (Distance Selling) Regulations 2000, the Client agrees that the provision of Services under these Terms may, by agreement between the Client and JobsGroup.net, take place before the end of any applicable cancellation period, in which case the right to cancel such provision of Services shall not apply. 18. Contracting Party 18.1 JobsGroup.net Limited (company number: 05523469, VAT number: GB 884 3918 77), a subsidiary of Associated Newspapers Limited (company number 84121), registered in England and Wales at Northcliffe House | 2 Derry Street | London | W8 5TT | United Kingdom. THIS SCHEDULE REPLACES ALL PREVIOUS SCHEDULES TO THESE TERMS AND CONDITIONS. JobsGroup.net Limited operates the following services: JustEngineers.net;
JustConstruction.net; JustRail.net;
JustUtilities.net; Just4Aviation.net;
DefenceJobs.com; JustSalesandMarketing.net;
Just4Finance.net; Just4Executives.net;
Just4Graduates.net; JustForums;
and JobsinaBox.net.
JobsGroup.net Limited is registered in England and Wales at Northcliffe House | 2 Derry Street | London | W8 5TT | United Kingdom. Company Reg No. 05523469.
Vat No. GB 243 5711 74. |
© 2008 JobsGroup.net - Part of the Daily Mail and General Trust (DMGT) plc |
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