Jobs4.co.uk Online Services Terms & Conditions
1. The following definitions apply:
"Client" means the company, firm or organisation which has set up an account with Jobs4.co.uk in order to use the Services.
"Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.
"Jobs4.co.uk" means Jobsco UK Ltd, acting through its division Jobs4.co.uk.co.uk.
"Jobs4.co.uk Corporate Family" means all companies connected with Jobs4.co.uk. A company is connected with Jobs4.co.uk if it is:
i) a subsidiary or holding company of Jobs4.co.uk;
ii) controlled by the same person(s) who control Jobs4.co.uk or Jobs4.co.uk's holding company;
iii) a subsidiary or holding company of any company in (i) or (ii) above; or
iv) a subsidiary or holding company of any company in (iii) above and "subsidiary" and "holding company" shall be as defined in section 736 of the Companies Act 1985.
"Order Confirmation" means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of telephone orders, the form signed by the Client confirming details and pricing of the Services ordered by the Client.
"Services" means the online recruitment services as set out in clause 2.
"Terms" means these terms and conditions.
"Website" means http://www.jobs4.co.uk/ and includes without limitation its entire content, coding, graphics, software, design and databases.
2. The following Services are available from Jobs4.co.uk via the Website:
Standard Job Posting: The Client may post up to the limit which is detailed in the "Order Confirmation" or invoice. Vacancies, applicants and responses can be managed via the Client's account in the "Activity" tab.
Featured Job Postings: A service whereby Clients may purchase one or more job postings to appear in the "Featured Jobs" area on the Website. Featured Job Postings do not roll over beyond the contract end date. Any Featured Job Postings that are live on the site will remain live until their date of expiry, but no new Featured Job Postings can be made using the credits from that contract.
CV Search: The Client will receive access to a search engine to search for candidate CVs on the Jobs4.co.uk database. This allows the Client to match candidates to their criteria by filtering using the Jobs4.co.uk search engine. Various bundles of CV downloads may be purchased. Any cap set will be stated on the "Order Confirmation" or Invoice.
Branding Opportunities: Various opportunities to promote Client brands are available, including Banners, Buttons, Newsletter Sponsorship and a Recruiter Profile, where Jobs4.co.uk will post a profile of the Client's company or organisation on the Website for an agreed time.
Email Services: This service is where Clients may target emails to registered candidates through Jobs4.co.uk with a one off email with details of the Client's job(s) to an agreed number of the most recently registered candidates who match the criteria set by the Client.
3. Jobs4.co.uk shall provide the Services in accordance with these Terms. Clients must set up an account with Jobs4.co.uk in order to gain access to the Services. The Services do not constitute an offer by Jobs4.co.uk, and Jobs4.co.uk reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
4. A legally binding contract between Jobs4.co.uk and the Client comprising these Terms and the Order Confirmation will come into effect when the Client commences use of the any of the Services confirmed on the Order Confirmation or Invoice.
5. Jobs4.co.uk shall perform the Services using information and criteria supplied by the Client. It is the Client's responsibility to provide accurate and up to date information.
6. The Client undertakes not to submit for inclusion in any job posting, it's Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect Jobs4.co.uk or Jobs4.co.uk's reputation.
7. Jobs4.co.uk shall issue an invoice to the Client on commencement of the Services. The Client shall pay Jobs4.co.uk's invoice in full within 30 days from the date of invoice. In the event of late payment, without prejudice to any other remedy, Jobs4.co.uk reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
8. Online payment services will be carried out by Paypal. Payment online shall be subject to Paypal's Terms & Conditions https://cms.paypal.com/uk/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/UserAgreement_full&locale.x=en_GB
9. Once commencement of the Services is in operation, Jobs4.co.uk cannot accept any cancellation of the agreed Services and no refunds will be given. Subscription Services are for a term of 12 months unless otherwise agreed with Jobs4.co.uk. No refunds will be given for early termination. For the avoidance of doubt, Standard and Featured Job Posting credits and CV search credits do not roll over beyond the end of the contract. For Services purchased online, refunds may occasionally be given at Jobs4.co.uk's sole and absolute discretion.
10. Jobs4.co.uk may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
11. Jobs4.co.uk reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
12. Jobs4.co.uk will forward all jobs posted onto carefully selected partners who will advertise the jobs openly. These third party sites will display all job description details, location and salary. All third-party advertising will also include your own company name and full contact information, where appropriate.
13. Without prejudice to any other remedy, Jobs4.co.uk may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if Jobs4.co.uk has reasonable grounds to believe that the Client cannot or will not pay its debts.
14. Jobs4.co.uk reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:
i) those of Clients who have not provided full or accurate contact or company information.
ii) those of Clients that Jobs4.co.uk considers to be acting inappropriately or illegally
iii) those of Clients that use the Website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site
iv) those of Clients who fail Jobs4.co.uk's credit checking process, or who default on payment.
15. The Client agrees to use the Website and the Services ethically and in good faith i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.
16. All intellectual property rights connected with the Services and/or the Website shall remain vested in Jobs4.co.uk or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
17. Jobs4.co.uk cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results (Guaranteed Response excepted).
18.Jobs4.co.uk shall not be in breach of these Terms if events beyond its reasonable control prevent Jobs4.co.uk from performing the Services.
19. It is the Client's responsibility to protect their computers against any viruses and malware.
20. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between Jobs4.co.uk and the Client. The Client acknowledges that it has not relied on any representation made by Jobs4.co.uk in entering this contract; however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
21. In the event that the Client makes a claim against Jobs4.co.uk for whatever reason, Jobs4.co.uk's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall Jobs4.co.uk be liable for any consequential, indirect or special losses, including without limitation, loss of profits, revenue, interest, goodwill, business and/or savings. Nothing in these Terms shall be construed to exclude Jobs4.co.uk's liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
22. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
23. Notices to Jobs4.co.uk shall be sent by email to support@Jobs4.co.uk and notices to the Client shall be sent by email to the address supplied on set up of the Client's account.
24. From time to time Jobs4.co.uk will contact Clients in order to evaluate the service they receive and also to promote Jobs4.co.uk's services and products. Jobs4.co.uk monitors the quality of vacancies from time to time in order to provide a better service to candidates.
25. The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of Jobs4.co.uk or of any member of the Jobs4.co.uk Corporate Family. Breach of this clause shall be a material breach and will entitle Jobs4.co.uk, without prejudice to any other remedies it may have, to terminate the Client's account and Services immediately.
26. For the avoidance of doubt, the Website Terms & Conditions apply in addition to the above Terms.
27. The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Job Postings and Vacancies
28. By submitting a vacancy to the Website, the Client is authorising Jobs4.co.uk to post such vacancy and submit candidates ranked by Jobs4.co.uk in accordance with the Client's criteria (if any).
29. The Client is responsible for the content of the vacancy and will indemnify Jobs4.co.uk against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
30. The Client shall include in the job description the following information:
i) Any qualifications and/or authorisations required by law or by any relevant professional body;
ii) If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
iii)Where the Client is employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.
31. The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.
32. Applicants' responses will be forwarded by Jobs4.co.uk by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants' responses and Jobs4.co.uk accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.
33. All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job posting are the responsibility of the Client, and Jobs4.co.uk accepts no liability whatsoever therewith. The Client will indemnify Jobs4.co.uk against any Losses in connection therewith.
34. The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, and the Employment Equality (Age) Regulations 2006. The Client shall indemnify Jobs4.co.uk against any Losses in connection therewith.
35. The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on Jobs4.co.uk's site, communications with applicants and management of applicants' details. The Client shall indemnify Jobs4.co.uk against any Losses in connection therewith.
36. The Client shall not post any vacancy where:
i)there is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the Client undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or
ii)the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the candidate to be placed, (a) to obtain copies of any relevant qualifications or authorisations of the candidate; (b) to obtain two references from persons who are not relatives of the candidate; and (c) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.
By posting any vacancy set out in sub-clauses 36 (i) and (ii) above, the Client is deemed to give the relevant undertakings. Where the Client is an employment business or agency, the Client shall offer copies of the documents obtained under sub-clauses 36(ii)(a) and (b) to the hirer.
37. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold Jobs4.co.uk harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.
38. Jobs4.co.uk reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:
i) those that Jobs4.co.uk considers illegal, inappropriate or fraudulent
ii) those that directly or indirectly require or ask for application or registration fees
iii) those that advertise franchise, pyramid, network marketing or get-rich-quick schemes
iv) those that have been indiscriminately posted or duplicated across multiple sectors
v) those that advertise websites, services, businesses, business opportunities and/or contact details.
vi) those of Clients who solicit staff from the Jobs4.co.uk Corporate Family
For the avoidance of doubt, the job posting credits used in the creation / editing of these jobs are not refunded.
39. The number of CV downloads is subject to a fair usage cap: this is 300 CV downloads per user per day. A user is a person or organisation with a unique login. A Client may have more than one user where agreed with Jobs4.co.uk.
40. Except as otherwise provided, neither party shall be obliged to perform hereunder and neither shall be deemed to be in breach if performance is prevented by
(i) fire, earthquake, flood, wind, typhoon, water, act of God, riot, civil commotion, or other matter or condition of like nature, or
(ii) any law, ordinance, rule, regulation or order of any public, governmental or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations.
41. The Client agrees to treat the Contract as secret and confidential and not at any time for any reason to disclose or permit to be disclosed to any person or otherwise make use of or permit to be made use of any unpublished information relating to Jobs4.co.uk technology, or other know-how, business plans or finances or any such information relating to a subsidiary, supplier, customer or Client of Jobs4.co.uk where the information was received during the period of the Contract and upon termination of this Contract for whatever reason the Client shall deliver up to Jobsco Limited all working papers, computer disks and tapes or other material and copies provided to or prepared by the Client pursuant either to this Contract or to any pervious obligation owed to Jobs4.co.uk .
42. The provisions of this Contract shall not be deemed to constitute a partnership between the parties.
Economic and Monetary Union
43. A decision by the United Kingdom to join or not to join the Economic and Monetary Union will not itself cause this Agreement to be terminated or entitle one party unilaterally to vary or terminate it.
Third Party Rights
44. No provision in this Contract is intended to or does confer upon any Third Party any benefit or right enforceable by the Third Party.
45. Any question or difference which may arise concerning the Terms and Conditions of Business will be dealt with as follows:
i) The first instance between the Jobs4.co.uk Branch and the relevant Client
ii) If not resolved, the issue may be escalated to a Jobs4.co.uk Director and the relevant Clients' Senior Representative.
iii)If the issue cannot be resolved at either of the first two levels, the matter will be escalated to the Jobs4.co.uk Managing Director.
46. If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such terms shall, insofar as it is severable from the remaining terms, be deemed omitted from this Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.
47. No failure to exercise, nor delay or omission by any party in exercising any right, power or remedy conferred on it under this Agreement or provided by law shall affect that right or remedy; or operate as a waiver of it nor will any partial exercise by any party of any right or remedy prevent any further exercise of that right or remedy or the exercise of any other right or remedy.
Jobsco UK Ltd