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Definitions
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In these Jobseekers conditions forming a contract by and between
EMPLOYERSJOBS.COM LTD, a private limited company which has its
registered office at Moncrieff House, 10 Moncrieff Street,
Paisley PA1 3QS, UK ("Employers Jobs"), and the employer (the
"Employer") utilizing this jobs board portal
("Site"): |
1.1 References
to any statute or statutory provision shall, unless the
context otherwise requires, be construed as a reference to
that statute or statutory provision as from time-to-time
amended, consolidated, modified, extended, re-enacted or
replaced;
1.2 Words importing persons include individuals bodies corporate and
unincorporated; and
1.3 No variation or alteration to these Jobseekers' conditions or any
representations about services shall have any effect unless expressly agreed and
confirmed in writing by a director of Employers Jobs.
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2.
Services generally
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2.1.Employers Jobs can offer a broad range of services to the Jobseekers and
Jobseekers should
choose the services required from the site.
2.2.Employers Jobs shall be entitled at any time without notifying the
Jobseekers to make changes to any services which are necessary to comply with any
applicable security or statutory requirements and Employers Jobs shall determine
the manner in which the services are provided.
2.3.Any and all intellectual property, ideas, concepts, know-how or
techniques developed by Employers Jobs or obtained during the execution of
services will be owned exclusively by Employers Jobs.
2.4.Employers Jobs shall provide the services selected by the Jobseekers as soon
as practicable after receipt of a request from the Jobseekers and until the
Jobseekers notifies Employers Jobs that the services are no longer required subject
to the provisions of these Jobseekers' conditions.
2.5.Employers Jobs shall not be responsible for any failure to provide any
services, or the unavailability of the Site, as a result of circumstances beyond
its reasonable control and the Jobseekers accepts that it shall still be
responsible for payment of fees in such circumstances.
2.6.The Jobseekers agrees and accepts that:
2.6.1 Employers Jobs shall not be liable for any failure to provide any services
(or any part thereof) as a result of the Jobseekers's failure to comply with these
Jobseekers' Conditions;
2.6.2.If any quota of services which are to be used within any period of time
are not used within that period of time then in each case the Jobseekers shall
still be responsible for full payment of fees as if such services had been
properly and fully provided (and for the avoidance of doubt, Employers Jobs shall
not be liable for providing any unused services and such services may not be
carried over to any subsequent period).
3. Processing of information
3.1. Personal Data
3.1.1 When a Jobseeker registers on the Site EmployersJobs needs to know a number of personal details including name, postal address, e-mail address, date of birth and telephone number and job related information such as dates of availability for work, job location preferences, salary expectations and preferred work types. More specific information will also be required such as the skills that the Jobseeker has that would be applicable to the kind of job sought and Jobseekers may be asked to provide CVs in electronic format.
3.1.2 EmployersJobs gathers information to allow it to process Jobseekers’ registrations via the Site. Jobseekers’ information will then be matched with the requirements of potential employers. EmployersJobs may also use aggregated information and statistics for the purposes of monitoring Site usage in order to help develop the Site and services and may provide such aggregated information (which will not include information that can be used to identify any individual) to third parties.
3.1.3 Employers Jobs regards Jobseekers' corporate data (including but not
limited to advertisements, corporate brochures, vacancies listings, etc) as
important information and extends as much control as possible as a jobs board
portal to allow the Employer to control who can view this data and the extent to
which key details are accessible. The Site has security measures in place
to protect the loss, misuse, destruction and alteration of information.
However, the Employer accepts that whenever it releases corporate data online
that information can be collected and used by people that the Employer may not
know. While Employers Jobs makes all reasonable commercial efforts to protect
Jobseekers' corporate data, it cannot guarantee the security of any information
online. Employers Jobs shall not be liable in respect of (and disclaims all
liability in relation to) corporate data or any other information submitted to
an area of the Site designated as (or expected to be) a private, or limited
access area of the Site which becomes available to persons other than the
Employer. Similarly, Employers Jobs shall not be liable in respect of (and
disclaims all liability in relation to) any non-availability of corporate data
submitted to an area of the Site designated as a public area of the Site or
other areas of the Site where users other than the Employer may gain access to
such corporate data.
3.1.4 Owing to the global nature of the Internet infrastructure, the
information provided by Jobseekers may be transferred to countries outside the
European Economic Area that do not have similar protections in place regarding
data and its use.
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3.1.5.If any of the information provided by the Employer to
Jobseekers Jobs changes (for example e-mail address) the
Employer will inform Employers Jobs of the correct details by amending the
relevant details on the Employer's my ej-home page on the Site.
3.1.6.By submitting information the Employer consents to the use of that
information as set out in these Jobseekers' Conditions.
3.1 Information provided
3.2.1. EmployersJobs and/or its agents and/or sub-contractors may contact Jobseekers by post, e-mail or telephone to ask for feedback and comments on EmployersJobs services.
3.2.2. EmployersJobs may wish to provide Jobseekers with information about special features on the Site and/or any other services or products which may be of interest. If you would rather not receive this information, please send a blank e-mail message to
unsubscribe@employersjobs.com
3.3. Removal of Information
3.3.1 Employers Jobs has the right at its sole discretion to decline to publish,
or omit, suspend, remove or change the position of any content whatsoever on the
Site for any reason without notice and may suspend any services if Employers Jobs
considers in its absolute discretion that providing any such services may incur
a legal liability for the Employer, other Jobseekers, a third party, and/or
Employers Jobs and Employers Jobs may refuse, withdraw, or require to be amended
any material which is illegal, immoral, obscene, offensive or otherwise
prejudicial to the interests of Employers Jobs or the Employer or other users of
the Site or so as to comply with the legal or moral obligations placed upon
Employers Jobs or the Employer or to avoid infringing a third party's rights or
any statutory or regulatory requirements.
4.CVs
4.1.Employers Jobs will make available or supply copies of curriculum vitae
("CVs") which have been received by it for distribution to Jobseekers solely for
the purpose of securing suitable employment for candidate employees and
Employers Jobs makes no warranty whatsoever as to the availability, suitability,
or appropriateness of candidate employees.
s.
4.2.Employers Jobs may, at its discretion and without notice, report improper
or illegal use of CVs or services by the Employer to the relevant legal and/or
professional bodies at any time including but not limited to the Department of
Employment, the Office of the Information Commissioner, and any other
governmental or legal other administrative or judicial body or authority in any
relevant jurisdiction.
5. Application Forms
5.1. If services include a request for Jobseekers to fill out an application form then the Jobseeker agrees to ensure that its completed application form(s) and/or its responses are not offensive, illegal, obscene or indecent, or capable of being resolved into obscene or indecent images or material, nor defamatory, threatening, or racially, ethnically or otherwise objectionable, nor designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any person, nor infringing the rights (including, without limitation, the intellectual property rights) of another person.
5.2. Any application form(s)/response(s) placed on the Site may be removed in accordance with Clause 3.3.1.
6. Jobseekers’ obligations
5.1.The information submitted by the Employer to be used by jobseekers and/or
on the Site generally is solely the Employer's responsibility, and is submitted
with its full knowledge and acceptance that the internet is not a secure medium.
Employers Jobs is not responsible for drafting corporate text, framing
Application Forms queries and language, or any other Jobseeker communications on
the Site and merely provides the electronic means to enable Jobseekers and
Jobseekers to connect with one another. Employers Jobs does not process any of
the data transmitted by and between Jobseekers, in completed Application Forms or
otherwise, and accepts no liability whatsoever for the contents or impact of the
same, and is not involved in any actual transactions by and between jobseekers.
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6.2.At the Employer's request assistance may be offered to the Employer
provided that Jobseekers Jobs reserves the right to charge an hourly rate as
agreed by and between the parties and the Employer agrees, acknowledges and
accepts by indicating its acquiescence to the Jobseekers' conditions that
Employers Jobs provides services as a mere conduit for communications between
the Employer and jobseekers and a venue where opportunities can collide.
6.3.If services include promotional materials ("Advertisement(s)") displayed
on the Site on behalf of a Employer ("Advertisement Services") then the
provisions of this clause
5.3.1 The Employer agrees to provide Employers Jobs, in such format as
Employers Jobs may request, any information, design work, artwork and logos
necessary to enable Employers Jobs to provide the Advertisement Services
5.3.2 Employers Jobs shall not be obliged to provide Advertisement Services
unless the Employer has supplied any requested/required information, design
work, artwork and logos necessary to provide such Advertisement Services within
five (5) days of the date of a written request to do so, or such later date as
agreed in writing by Employers Jobs. If the Employer fails to supply Employers
Jobs with the requested/required information then clause 2.6.1
shall apply.
5.3.3 Employers Jobs shall make such modifications to any Advertisement(s) as
are reasonably requested by the Employer provided that Employers Jobs reserves
the right to charge at an hourly rate as shall be agreed by and between the
parties for time involved in connection with such modifications.
6.3.4 Advertisements will become live on the Site when the Employer has
approved design work, set-up, artwork, logos, and all other relevant material.
If a third party individual or entity has been authorized to approve any design
work, artwork, or logos on behalf of Employer, then Employer must provide proof
of this in writing to Employers Jobs prior to the anticipated and agreed live
date.
6.3.5 The Employer accepts that Employers Jobs cannot guarantee the number of
occasions any individual Advertisement appears on the Site and agrees that no
obligations are imposed on Employers Jobs in this regard.
6.3.6 Any Advertisement placed on the Site may be removed in accordance with
clause 3.5 Notwithstanding
such removal, the Employer will be charged for the Service as if such removal
had not occurred.
6.4.If services include a request for jobseekers to fill out an application
form then the Employer agrees to ensure that its application forms and/or its
questions and responses are not discriminatory, offensive, illegal, obscene or
indecent, or capable of being resolved into obscene or indecent images or
material, nor defamatory, threatening, or racially, ethnically or otherwise
objectionable, nor designed or likely to cause annoyance, inconvenience,
unwanted attention or needless anxiety to any person, nor infringing the rights
(including, without limitation, the intellectual property rights) of another
person.
6.5.If the Employer is a recruitment agency, headhunter or similar then the
Employer hereby undertakes and warrants to Employers Jobs that:
6.5.1 The Employer will make clear in all material the specific position for
which Jobseekers are sought and give full details of the prospective employer;
6.5.2 The Employer will use details of jobseekers provided in response to the
materials referred to in clause
6.6.2.1 Only for the benefit
of the relevant prospective employer and not for the benefit of other
prospective Jobseekers or for any other purpose.
5.6.The Employer hereby undertakes and warrants to Employers Jobs that:
6.6.1 Reproduction and/or publication of an Advertisement and/or application
form by Employers Jobs for the Employer as originally submitted or as amended
and approved by the Employer will not breach any third party agreement or
infringe or violate any right of any person or render Employers Jobs liable to
any proceedings whatsoever and the Employer indemnifies Employers Jobs against
all indirect and/or direct costs, claims, damages, loss, expenses and
liabilities suffered or incurred by Employers Jobs as a result of this
undertaking and warranty being breached;
6.6.2 Any information supplied by the Employer to Employers Jobs is accurate,
complete and true;
6.6.3 In respect of any material that contains the name or pictorial
representation (photographic or otherwise) of any living person and/or any part
of any living person and/or any data by which any living person is or can be
identified, the Employer has obtained the authority of such living person to
make use of such name, representation and/or data;
6.6.4 Each Advertisement and/or vacancy and/or other material supplied by the
Employer to Employers Jobs is legal, decent, honest and truthful and complies
with all applicable laws, rules, regulations and codes relating to the same as
may be appropriate;
6.6.5 No Advertisement and/or vacancy and/or other material supplied by the
Employer to Employers Jobs contains any data, image or other material that:
(a) Is offensive, obscene or
indecent;
(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.
6.7.The Employer acknowledges that:
6.7.1 Employers Jobs may accept instructions in relation to services from any
of the following persons:
(a) Any person to whom the
Employer provides passwords or who the Employer allows to make use of any
services;
(b) Legally authorized
proxy, personnel, or other representative(s) of the Employer identified in
writing by the Employer as constituting the same;
6.7.2 It will procure that it and any authorized proxy, personnel, or other of
its legal representatives keep confidential and do not disclose to any person
any passwords used by them in relation to any services;
6.7.3 The Employer will be responsible for all use and misuse of all passwords
and shall be responsible for all acts and omissions of any person using
passwords as if they were acts or omissions of the Employer;
6.7.4 Employers Jobs shall not be responsible for any breach of these
Jobseekers' conditions, any delay in performance of any services, or defect or
error in any services which arises as a result of Employers Jobs accepting
instructions from the Employer or any Employer-authorized or apparently
Employer-authorized person/third party using such passwords.
5.8. The
Employer
6.8.1.Abide by any
and all applicable rules, regulations, legislation, codes, laws, and or
governmental authority in any jurisdiction that may be relevant to its
activities in relation to these Jobseekers' conditions or otherwise;
6.8.2.Use all CVs supplied pursuant to these Jobseekers' conditions for the sole
purpose of endeavoring to provide or locate suitable employment on behalf of
jobseekers;
6.8.3.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 ensure that it complies with all of its obligations under that
Act;
6.8.4.Keep confidential all CVs and all other information supplied by Employers
Jobs and/or jobseekers to the Employer or its legally authorized
employees/agents/representatives/third parties and only use such information if
endeavoring to seek or provide employment opportunities for jobseekers;
6.8.5.Not submit, copy, supply, re-sell, distribute or make available in any
way any CVs or other information received from Employers Jobs to any person not
legally a party to these Jobseekers' conditions, and the Employer warrants that
it shall seek CVs only for genuine vacancies with an intent to recruit
jobseekers with the assistance of the Site;
6.8.6.Not discriminate between persons endeavoring to secure employment, and
not engage in any illegal discriminatory practices whether by reason of race,
sex, disability, or otherwise;
6.8.7.Be responsible for selecting suitable jobseekers and taking up references
and satisfying itself as to the suitability, availability, standard of skill,
integrity and reliability of any candidate for any particular position;
6.8.8.Not misuse information contained in CVs; and
6.8.9.Indemnify Employers Jobs against all indirect and/or direct costs,
claims, damages, loss, expenses and liabilities incurred by Employers Jobs
arising out of any breach of these Jobseekers' conditions.
7. Liability
7.1.Employers Jobs will not be liable (whether in contract or tort) for:
7.1.1.Any loss of copy, artwork, photographs, data or other materials that the
Employer supplies to Employers Jobs and the Employer shall be responsible for
retaining in its possession sufficient quality and quantity of such materials
for whatsoever purposes it may require;
7.1.2.Any mistakes or errors whatsoever that arise during the course of
publication of any material or any loss of information or data or any damage
thereto;
7.1.3.Any direct and/or indirect loss of profit, loss of revenue or contracts,
or any other direct or indirect, special, economic or consequential loss
(whether caused by the negligence of Employers Jobs, its employees or agents) or
otherwise;
7.1.4.Any direct and/or indirect delay, costs, expense, loss (including loss of
profit), damage or liability (including without limitation as a result of any
hardware failure, provision or use of software, virus, deletion, corruption,
loss or removal of data) howsoever caused;
& 7.1.5.Any direct and/or indirect loss or damage whatsoever (including loss of
profits) howsoever caused arising out of the negligence, dishonesty, misconduct,
breach of faith, incompetence, lack of, suitability of or the wrongful
disclosure of confidential information by, any candidate employee;
7.1.6.Costs incurred in asserting any aspect of these Jobseekers' conditions
against the Employer (including, without limitation, legal fees and
disbursements reasonably incurred by Employers Jobs);
7.1.7.Any loss, injury, claim, liability, or damage of any kind resulting from,
arising out of or any way related to
(a) any errors in or omissions in the Site;
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(b) any content on the site;
(c) the unavailability of the Site, or any part
thereof;
(d) use of the Site or the content; or
& (e) the Employer's use of any
equipment or software in connection with the Site; and/or
6.1.8.For any special, direct, indirect, incidental, punitive or consequential
damages of any kind whatsoever (including, without limitation, lawyers' fees) in
any way due to, resulting from, or arising in connection with the use of or
inability to use the Site.
7.2.In no event shall Employers Jobs' liability to the Employer under or in
relation to these Jobseekers' conditions (whether in contract or tort) exceed the
amount of fees received by Employers Jobs from the Employer within the calendar
year prior to the relevant liability arising.
7.3.Nothing in these Jobseekers' conditions will restrict or exclude Employers
Jobs' liability for death or personal injury caused by its own negligence.
7.4.The Employer agrees and acknowledges that, save as expressly provided in
these Jobseekers' conditions, no condition, warranty or representation of any
kind is, has been, or will be, given by or on behalf of Employers Jobs in
respect of or in connection with the services and accordingly the Employer
confirms that it has not, in agreeing to these Jobseekers' conditions, relied
upon any condition, warranty or representation by Employers Jobs or any person
on its behalf, express or implied, whether arising by law or otherwise, in
relation to or in connection with any services. The benefit of any such
condition, warranty or representation by Employers Jobs is hereby irrevocably
and unconditionally waived by the Employer.
8. Provisions
8.1
Employers Jobs will invoice the Employer for
fees due in respect of services provided by Employers Jobs provided by Employers Jobs,/i>
subject to clause
& 8.2.All sums due
in respect of fees are exclusive of any value added tax or other applicable
sales or other tax or levy, for which the Employer shall be solely and
additionally liable.
8.3.If the Employer fails to pay any amount owing to Employers Jobs when due
then Employers Jobs reserves the right to charge interest (after as well as
before judgment) on that amount at the rate of 4% per annum above the base rate
of Barclays Bank plc (without prejudice to Employers Jobs' other rights under
these Employers' Conditions). Such interest shall accrue from the due date until
payment is made in full and shall be compounded monthly.
9. Term and termination
9.1.This Agreement shall continue indefinitely unless terminated by the
Employer or Employers Jobs giving no less than one (1) month's written notice.
e.
9.2.Either party may, at its sole discretion, terminate the agreement that
the acceptance of these Employers' Conditions constitutes at any time by notice
in writing to the other party (the "Defaulting Party") if:
9.2.1.The Defaulting Party fails to pay to
the other party any amount when due; or
9.2.2.If the Defaulting Party is in breach of
these Employers' Conditions and fails to remedy such breach within fourteen (14)
days of notice from the other party requiring it to be remedied.
9.3.Upon termination of the agreement between Employers Jobs and the Employer
the provision of any services may be immediately ceased and the full amount of
any fees owing to Employers Jobs by the Employer in respect of any services,
whether or not provided, shall become payable with immediate effect.
9.4.Within three calendar months of receipt of a request by the Employer,
Employers Jobs shall, to the extent practically and technically possible without
disrupting services to other users of the Site, remove from the Site the
information that the Employer requests should be removed and which the Employer
is unable to remove without assistance from Employers Jobs.
8.5.The Employer shall be responsible for all reasonable direct and/or indirect
costs, claims, damages, loss,expenses and liabilities incurred by Employers Jobs
arising out of the Employer's breach of its obligations under these Employers'
Conditions (including, without limitation, on a solicitor and own client basis,
any legal fees and disbursements reasonably incurred by Employers Jobs).
10.General
10.1.All
notices to the Employer shall be made to the email address submitted to the
Site, and notices to Employers Jobs shall be made to
o
notices@employersjobs.com.
& 10.2.The Jobseekers shall not be entitled to assign its agreement with Employers
Jobs nor any or all of its rights and obligations hereunder without prior
written consent of Employers Jobs which can be withheld without cause.
10.3.If any provision of these Employers' conditions shall be invalid or
unenforceable, it shall not affect any other provision, which shall remain in
full force and effect.
10.4.These Employers' conditions together with the details of services and
fees set out on the Site, constitute the entire agreement between the Jobseeker
and Employers Jobs in respect of any services that are provided by Employers
Jobs to the Jobseeker after the date on which these Employers' conditions were
posted on the site.
10.5.Any waiver by Employers Jobs of any breach of, or any default under, any
provision of these Employers' conditions by the Jobseeker will not be deemed to
be a waiver of any subsequent breach or default and will in no way affect the
other terms and conditions.
10.6.Failure or delay by Employers Jobs in enforcing or partially enforcing
any provision of these Employers' conditions will not be construed as a waiver
of any of its rights under these Employers' conditions.
10.7.The parties to these Employers' conditions do not intend that any term
hereof will be enforceable by virtue of the Contracts (Rights of Third Parties)
Act 1999 by any person that is not a party to it.
10.8.Employers Jobs shall not be liable for any breach or act or omission
transpiring by reason of a force majeure event, including but not limited to
natural disasters, industrial disputes, civil disruptions, sabotage, explosions,
accidents, telecommunications and utilities failures, software or systems
malfunction, terrorists acts, and governmental acts.
10.9.Employers Jobs reserves the right to change any part of these Employers'
conditions and if it exercises the right to do so it will post the changes on
the Site and send an email to the email address supplied by the Jobseeker.Continued use of the services after changes have been
posted on the Site and/or notified by email will signify the Jobseeker's
agreement to any such changes.
11. Law
11.1.These Jobseekers' conditions and any contract into which these Jobseekers'
conditions are incorporated shall be governed by and construed in accordance
with the laws of England and Wales and the parties submit to the exclusive
jurisdiction of English courts.
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This version of Jobseekers'
conditions replaces any and all previous terms and conditions , and constitutes
version 2.0 dated 25sup>th July 2006. |
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