EmployersJobs
Terms and Conditions of Use for Employers (“Employers’ Conditions”)
1.
Definitions
In these
Employers’ Conditions forming a contract by and between Employers Jobs LTD, a
private limited company which has its registered office at Moncrieff House, 10
Moncrieff Street, Paisley PA1 3QS, UK (“EmployersJobs”), and the employer (the
“Employer”) utilising 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 Employers’ Conditions or any representations
about services shall have any effect unless expressly agreed and confirmed in
writing by a director of EmployersJobs.
2.
Services Generally
2.1.
EmployersJobs can offer a broad range of services and the
Employer should choose the services required from the Site.
2.2.
EmployersJobs shall be entitled at any time without
notifying the Employer to make changes to any services which are necessary to
comply with any applicable security or statutory requirements and EmployersJobs
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 EmployersJobs or obtained during the execution of
services will be owned exclusively by EmployersJobs.
2.4.
EmployersJobs shall provide the services selected by the
Employer as soon as practicable after receipt of a request from the Employer
and until the Employer notifies EmployersJobs that the services are no longer
required subject to the provisions of these Employers’ Conditions.
2.5.
EmployersJobs 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 Employer accepts that it
shall still be responsible for payment of fees in such circumstances.
2.6.
The Employer agrees and accepts that:
2.6.1.
EmployersJobs shall not be liable for any failure to provide
any services (or any part thereof) as a result of the Employer's failure to
comply with these Employers’ 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
Employer 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,
EmployersJobs 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.
EmployersJobs regards Employers’ 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 EmployersJobs makes all reasonable commercial efforts to
protect Employers’ corporate data, it cannot guarantee the security of any
information online. EmployersJobs 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,
EmployersJobs 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.
3.2.
Owing to the global nature of the Internet
infrastructure, the information provided by Employers may be transferred to
countries outside the European Economic Area that do not have similar
protections in place regarding data and its use.
3.3.
If any of the information provided by the
Employer to EmployersJobs
changes (for example e-mail address) the Employer will inform EmployersJobs of
the correct details by amending the relevant details on the Employer’s my
ej-home page on the Site.
3.4.
By submitting information the Employer consents
to the use of that information as set out in these Employers’ Conditions.
3.5.
EmployersJobs 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 EmployersJobs considers in its absolute discretion that
providing any such services may incur a legal liability for the Employer, other
employers, a third party, and/or EmployersJobs and EmployersJobs may refuse,
withdraw, or require to be amended any material which is illegal, immoral,
obscene, offensive or otherwise prejudicial to the interests of EmployersJobs
or the Employer or other users of the Site or so as to comply with the legal or
moral obligations placed upon EmployersJobs or the Employer or to avoid
infringing a third party's rights or any statutory or regulatory requirements.
4.
CVs
4.1.
EmployersJobs will make available or supply copies of
curriculum vitae (“CVs”) which have been received by it for distribution to
employers solely for the purpose of securing suitable employment for candidate
employees and EmployersJobs makes no warranty whatsoever as to the
availability, suitability, or appropriateness of candidate employees.
4.2.
EmployersJobs 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.
Employer's 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. EmployersJobs is not responsible for
drafting corporate text, framing Application Forms queries and language, or any
other Employer communications on the Site and merely provides the electronic
means to enable Employers and Jobseekersto connect with one another.
EmployersJobs does not process any of the data transmitted by and between
Employers, 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.
5.2.
At the Employer’s request assistance may be offered to the
Employer provided that EmployersJobs 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 Employers’ Conditions that
EmployersJobs provides services as a mere conduit for communications between
the Employer and jobseekers and a venue where opportunities can collide.
5.3.
If services include promotional materials
(“Advertisement(s)”) displayed on the Site on behalf of a Employer
(“Advertisement Services”) then the provisions of this clause 3 shall apply as set out below.
5.3.1
The Employer agrees to provide EmployersJobs, in such format
as EmployersJobs may request, any information, design work, artwork and logos
necessary to enable EmployersJobs to provide the Advertisement Services.
5.3.2
EmployersJobs 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 EmployersJobs. If the Employer fails to supply
EmployersJobs with the requested/required information then clause 2.6.1 shall apply.
5.3.3
EmployersJobs shall make such modifications to any
Advertisement(s) as are reasonably requested by the Employer provided that
EmployersJobs 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.
5.3.4
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 authorised to
approve any design work, artwork, or logos on behalf of Employer, then Employer
must provide proof of this in writing to EmployersJobs prior to the anticipated
and agreed live date.
5.3.5
The Employer accepts that EmployersJobs cannot guarantee the
number of occasions any individual Advertisement appears on the Site and agrees
that no obligations are imposed on EmployersJobs in this regard.
5.3.6
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.
5.4.
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.
5.5.
If the Employer is a recruitment agency, headhunter or
similar then the Employer hereby undertakes and warrants to EmployersJobs that:
5.5.1
the Employer will make clear in all material the specific
position for which Jobseekersare sought and give full details of the
prospective employer;
5.5.2
the Employer will use details of jobseekers provided in
response to the materials referred to in clause 5.5.1 only for the benefit of the relevant prospective
employer and not for the benefit of other prospective employers or for any
other purpose.
5.6.
The Employer hereby undertakes and warrants to EmployersJobs
that:
5.6.1
reproduction and/or publication of an Advertisement and/or
application form by EmployersJobs 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
EmployersJobs liable to any proceedings whatsoever and the Employer indemnifies
EmployersJobs against all indirect and/or direct costs, claims, damages, loss,
expenses and liabilities suffered or incurred by EmployersJobs as a result of
this undertaking and warranty being breached;
5.6.2
any information supplied by the Employer to EmployersJobs is
accurate, complete and true;
5.6.3
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;
5.6.4
each Advertisement and/or vacancy and/or other material
supplied by the Employer to EmployersJobs is legal, decent, honest and truthful
and complies with all applicable laws, rules, regulations and codes relating to
the same as may be appropriate;
5.6.5
no Advertisement and/or vacancy and/or other material
supplied by the Employer to EmployersJobs 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.
5.7.
The Employer acknowledges that:
5.7.1 EmployersJobs 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
authorised proxy, personnel, or other representative(s) of the Employer
identified in writing by the Employer as constituting the same;
5.7.2
it will procure that it and any authorised 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;
5.7.3
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;
5.7.4
EmployersJobs shall not be responsible for any breach of
these Employers’ Conditions, any delay in performance of any services, or
defect or error in any services which arises as a result of EmployersJobs
accepting instructions from the Employer or any Employer-authorised or
apparently Employer-authorised person/third party using such passwords.
5.8.
The Employer
shall:
5.8.1.
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 Employers’ Conditions or otherwise;
5.8.2.
use all CVs supplied pursuant to these Employers’ Conditions
for the sole purpose of endeavouring to provide or locate suitable employment
on behalf of jobseekers;
5.8.3.
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;
5.8.4.
keep confidential all CVs and all other information supplied
by EmployersJobs and/or jobseekers to the Employer or its legally authorised
employees/agents/representatives/third parties and only use such information if
endeavouring to seek or provide employment opportunities for jobseekers;
5.8.5.
not submit, copy, supply, re-sell, distribute or make
available in any way any CVs or other information received from EmployersJobs
to any person not legally a party to these Employers’ 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;
5.8.6.
not discriminate between persons endeavouring to secure
employment, and not engage in any illegal discriminatory practices whether by
reason of race, sex, disability, or otherwise;
5.8.7.
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;
5.8.8.
not misuse information contained in CVs; and
5.8.9.
indemnify EmployersJobs against all indirect and/or direct
costs, claims, damages, loss, expenses and liabilities incurred by
EmployersJobs arising out of any breach of these Employers’ Conditions.
6.
Liability
6.1.
EmployersJobs will not be liable (whether in contract or
tort) for:
6.1.1.
any loss of copy, artwork, photographs, data or other
materials that the Employer supplies to EmployersJobs and the Employer shall be
responsible for retaining in its possession sufficient quality and quantity of
such materials for whatsoever purposes it may require;
6.1.2.
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;
6.1.3.
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 EmployersJobs, its
employees or agents) or otherwise;
6.1.4.
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;
6.1.5.
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;
6.1.6.
costs incurred in asserting any aspect of these Employers’
Conditions against the Employer (including, without limitation, legal fees and
disbursements reasonably incurred by EmployersJobs);
6.1.7.
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; (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.
6.2.
In no event shall EmployersJobs’ liability to the Employer
under or in relation to these Employers’ Conditions (whether in contract or
tort) exceed the amount of fees received by EmployersJobs from the Employer
within the calendar year prior to the relevant liability arising.
6.3.
Nothing in these Employers’ Conditions will restrict or
exclude EmployersJobs' liability for death or personal injury caused by its own
negligence.
6.4.
The Employer agrees and acknowledges that, save as expressly
provided in these Employers’ Conditions, no condition, warranty or
representation of any kind is, has been, or will be, given by or on behalf of
EmployersJobs in respect of or in connection with the services and accordingly
the Employer confirms that it has not, in agreeing to these Employers’
Conditions, relied upon any condition, warranty or representation by
EmployersJobs 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 EmployersJobs is
hereby irrevocably and unconditionally waived by the Employer.
7.
Payment
Provisions
7.1.
EmployersJobs will
invoice the Employer for fees due in respect of services provided by
EmployersJobs, subject to clause 7.2 below.
7.2.
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.
7.3.
If the Employer fails to pay any amount owing to
EmployersJobs when due then EmployersJobs 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 EmployersJobs'
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.
8.
Term and
Termination
8.1.
This Agreement shall continue indefinitely unless terminated
by the Employer or EmployersJobs giving no less than one (1) month’s written
notice.
8.2.
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:
8.2.1.
the Defaulting Party fails to pay to the other party any
amount when due; or
8.2.2.
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.
8.3.
Upon termination of the agreement between EmployersJobs and
the Employer the provision of any services may be immediately ceased and the
full amount of any fees owing to EmployersJobs by the Employer in respect of any services, whether or not provided,
shall become payable with immediate effect.
8.4.
Within three calendar months of receipt of a request by the
Employer, EmployersJobs 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 EmployersJobs.
8.5.
The Employer shall be responsible for all reasonable direct
and/or indirect costs, claims, damages, loss,
expenses and liabilities incurred by EmployersJobs 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 EmployersJobs).
9.
General
9.1.
All notices to the Employer shall be made to the
email address submitted to the Site, and notices to EmployersJobs shall be made
to notices@employersjobs.com.
9.2.
The Employer shall not be entitled to assign its agreement
with EmployersJobs nor any or all of its rights and obligations hereunder
without prior written consent of EmployersJobs which can be withheld without
cause.
9.3.
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.
9.4.
These Employers’ Conditions together with the details of
services and fees set out on the Site, constitute the entire agreement between
the Employer and EmployersJobs in respect of any services that are provided by
EmployersJobs to the Employer after the date on which these Employers’
Conditions were posted on the site.
9.5.
Any waiver by EmployersJobs of any breach of, or any default
under, any provision of these Employers’ Conditions by the Employer 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.
9.6.
Failure or delay by EmployersJobs 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.
9.7.
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.
9.8.
EmployersJobs 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.
9.9.
EmployersJobs 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 Employer. Continued use
of the services after changes have been posted on the Site and/or notified by
email will signify the Employer’s agreement to any such changes.
10. Law
10.1.
These Employers’ Conditions and any contract into which
these Employers’ 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.
THIS VERSION OF EMPLOYERS’ CONDITIONS REPLACES ANY AND ALL PREVIOUS TERMS AND
CONDITIONS, and constitutes version 2.0 dated 25th July 2006.
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