THIS SCHEDULE REPLACES ALL PREVIOUS SCHEDULES TO THESE TERMS AND CONDITIONS
1 CONTRACTING PARTIES
1.1 JobsInBroadcast is operated by and soley owned by WebConnections Limited of
75 Westover Road, Downley High Wycombe HP13 5HX.
1.2 For the purposes of this agreement, the Client is deemed to be a registered
user of JobsInBroadcast.
1.3 By registering and using the services of JobsInBroadcast, the client is
deemed to have read and accepted these terms and conditions.
2 SERVICES GENERALLY
2.1 The Client agrees to provide JobsInBroadcast, any information, copy, design
work, artwork and logos necessary to enable JobsInBroadcast to provide those
Services. Until such materials have been supplied, JobsInBroadcast is not
obliged to provide service.
2.2 Advertisements will become live on the site under the control of the
Client. JobsInBroadcast accept no responsibility for inaccurate or misleading
information included in Client advertisements.
2.3 JobsInBroadcast reserves the right to edit or delete or otherwise change
adverts or a defamatory or otherwise illegal nature. Clients persisting in
posting such material will have services discontinued without refund. Clients
may appeal against such actions at the above address.
2.4 In the event that the Client wishes to cancel the provision of any Services
before those Services have been used then it must give thirty days written
notice to JobsInBroadcast at the address above. JobsInBroadcast will continue
to invoice the Client for complete Months, up to and including the Month in
which the thirty days notice period falls. In addition, an administration
charge of £50.00 per Service cancelled will be invoiced. Where a Client has
already been invoiced in full, a pro-rated credit will be applied to the
invoice for the unused period following the thirty days notice period, less the
administration charges. Where a client has paid via online credit card
services, any refunds will be less charges applied by the handling agent.
2.5 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 JobsInBroadcast shall not be liable for
providing any unused Services and such Services may not be carried over to any
subsequent period.)
2.6 JobsInBroadcast 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.
2.7 An Advertisement or Service which indicates, or can reasonably be
understood as indicating, an intention to discriminate on grounds of sex or
race will not be accepted unless it is exempted from the requirements of the
Sex Discrimination Act or the Race Relations 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.
2.8 JobsInBroadcast will use its reasonable endeavours to publish the
Advertisement or provide the Services on the agreed date. JobsInBroadcast 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.
2.9 Links to a Client's or End Client's website will not be permitted to appear
in any Advertisement placed except via the authorized agency link without
JobsInBroadcast's' prior consent.
2.10 JobsInBroadcast 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.
JobsInBroadcast may also disclose information about any Client to any third
party, as JobsInBroadcast shall deem necessary to protect its interests or the
interests of Clients, Recruiters, Candidates, Applicants and/or other users of
the Site.
2.11 JobsInBroadcast 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.
2.12 JobsInBroadcast will only make available or supply copies of the CVs that
have been received by it for distribution to Clients of JobsInBroadcast solely
for the purpose of securing suitable employment for the Candidates.
3 CV SEARCH FACILITY
3.1 The CV Search service will allow the Client to select and view, up to the
number of times specified in the service model.
3.2 The CV Search service will (under normal circumstances) be available to the
Client at all times
3.3 JobsInBroadcast cannot guarantee the minimum number of new CVs available on
any CV Service on any given day.
3.4 JobsInBroadcast will (under normal circumstances) ensure that CVs are made
available to the Client via CV Search 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.
3.5 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 JobsInBroadcast, to facilitate the downloading or
capturing of volume quantities of CVs from the JobsInBroadcast database
irrespective the service level purchased from JobsInBroadcast.
4 OBLIGATIONS OF THE CLIENT
4.1 The Client hereby undertakes and warrants to JobsInBroadcast:
4.1.1 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;
4.1.2 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.
4.1.3 in relation to any Advertisement the Client is a principal
notwithstanding that the Client may be acting directly or indirectly for a
third party;
4.1.4 the reproduction and/or publication of the Advertisement by
JobsInBroadcast as originally submitted or as amended will not breach any
agreement or infringe or violate any right of any person or render
JobsInBroadcast liable to any proceedings whatsoever and the Client indemnifies
JobsInBroadcast against all costs, claims, damages, loss, expenses and
liabilities suffered or incurred by JobsInBroadcast as a result of this
undertaking and warranty being incorrect;
4.1.5 any information supplied by the Client in connection with the provision
of the Services is accurate, complete and true;
4.1.6 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;
4.1.7 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;
4.1.8 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.
4.2 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.
4.3 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.
4.4 The Client shall indemnify JobsInBroadcast against all claims made by the
third parties in respect of the misuse of the data supplied to the Client.
4.5 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.
4.6 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.
4.7 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.
4.8 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.
4.9 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.
4.10 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.
4.11 The Client shall:
4.11.1 use all CVs supplied for the sole purpose of endeavouring to provide or
locate suitable employment on behalf of Candidates;
4.11.2 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;
4.11.3 keep confidential the CVs and all other information supplied by
JobsInBroadcast 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;
4.11.4 obtain the express consent of a Candidate prior to submitting his or her
CV to any person;
4.11.5 not submit, copy, supply, re-sell, distribute or make available in any
way any CVs or other information received from JobsInBroadcast 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:
4.12 The Client:
4.12.1 acknowledges that the Client and JobsInBroadcast may agree that
JobsInBroadcast can accept instructions in relation to the Services (without
having to refer to the Client) from any of the following persons;
(a) any person agreed between JobsInBroadcast and the Client to be a Recruiter;
and
(b) any person to whom the Client or any Recruiter provides passwords to or is
set up to make use of the Services by using facilities offered by
JobsInBroadcast for such purposes.
4.12.2 authorises JobsInBroadcast to accept instructions in relation to the
Services (without having to refer to the Client) from any Recruiter and any
person using such passwords.
5 RATES
5.1 The rates shall be as published on the account renewal page.
5.2 Each rate ‘plan’ constitutes a particular mix of services for a specified
rate. Renewal of such a plan constitutes acceptance of these term and
conditions.
6 PAYMENT
6.1 Payment for Services will be made according to the payment terms specified
in the Service Agreement.
6.2 If the Client fails to make any payment by the due time then all moneys
owing by the Client to JobsInBroadcast shall immediately become due and payable
and the provisions of clause 21.4(b) shall forthwith apply to such moneys.
6.3 JobsInBroadcast 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 JobsInBroadcast 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
JobsInBroadcast with an order number at the time of signing the Service
Agreement.
6.4 Where a Client pays for Services via the online credit card handling
service, invoices will be supplied via electronic means. JobsInBroadcast
accepts no liability for loss of Invoices delivered in such a way.
6.5 The Client agrees to pay to JobsInBroadcast in respect of each item of
Services for which payment is not made by the due time:
(a) the sum of £30.00 as an administration charge; and
(b) interest on the amount paid late at the rate of 4% per annum above the base
rate of HSBC PLC accruing from day to day (including the date on which payment
was due) both before and after judgment.
6.6 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.
7 LIABILITY
7.1 JobsInBroadcast does not verify or guarantee any Applicant's details
whether forwarded to the Client via JobsInBroadcast or otherwise.
JobsInBroadcast accepts no responsibility as to the suitability of Applicants
who respond to Advertisements or Services.
7.2 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.
7.3 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.
7.4 JobsInBroadcast 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.
7.5 JobsInBroadcast 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.
7.6 JobsInBroadcast 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.
7.7 JobsInBroadcast does not accept liability for:
7.7.1 any loss of copy, artwork, photographs, data or other materials that the
Client supplies to JobsInBroadcast and the Client shall be responsible for
retaining in its possession sufficient quality and quantity of such materials
for whatsoever purposes it may require;
7.7.2 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.
8 INDEMNITY
8.1 The Client agrees to indemnify JobsInBroadcast and to keep JobsInBroadcast
indemnified in respect of, but not limited to, all damages, costs or
liabilities that JobsInBroadcast may incur arising from an Advertisement or use
of any Service, and in particular resulting from the following:
8.1.1 the publication of any defamatory statement;
8.1.2 breach of copyright;
8.1.3 any claims made by any person in respect of race, religion, age, sex or
disability discrimination;
8.1.4 any breach by the Client of any warranty given hereunder.
9 DISCLAIMER
9.1 Except as otherwise provided by statute, JobsInBroadcast disclaims all
warranties, express or implied by law of statute, in relation to, but not
limited to, the Site
10 GOVERNING LAW AND JURISDICTION
10.1 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.
11 REFUNDS
WebConnections will refund complete weeks of packages given one weeks clear notice of refund request.
WebConnections will not refund part weeks. All refunds will be via cheque and must be requested in writing from the following address:
Accounts
WebConnections Ltd
75 Westover Road
High Wycombe
HP13 5HX
12 MISCELLANEOUS
12.1 The electronic acceptance of this 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.
12.2 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
JobsInBroadcast shall be effective except in relation to the matter in respect
it was specifically given.
12.3 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 JobsInBroadcast,
take place before the end of any applicable cancellation period, in which case
the right to cancel such provision of Services shall not apply.
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