Terms and Conditions of Use
Advertisers & Recruiters (the "Agreement")
These are the terms and conditions that apply to your use, as the Customer, of the Services (described below) and our provision of those Services to you in our capacity as the Company.
The Services include but are not limited to the following services on the Jobs.ac.uk Website:
- The Advertising Service
- The CV Search Service
- The Employer Video(s) Service
The Advertising Service; the CV Search Service; and the Employer Video(s) Service shall each be a Service and are collectively known as the "Services." These terms and conditions shall apply to all of the Services except for where they are expressly stated to only apply to a specific Service.
The terms and conditions may be updated by us from time to time without notice to you. You should review these terms and conditions periodically for changes. Particular Services may also be governed by additional or alternative terms and conditions, which will be posted on the Jobs.ac.uk Website.
By using the Jobs.ac.uk Website and any of the Services you are deemed to have accepted these terms and conditions.
In these terms and conditions, the following words shall have the following meanings:
|"Advertisement"||means the advertisement(s) sent by the Customer to the Company to be placed on the Jobs.ac.uk Website;|
|"Applicant Tracking System"||means a recruitment management system through which the Customer can automatically send requests for the placing of adverts to selected media outlets, including the Company|
|"Annual Subscription"||means the annual subscription service, details of which can be given on request by the Company to the Customer;|
|"Candidates"||means the registered users of the Jobs.ac.uk Website who have made available their Curriculum Vitae ("CV");|
|"Contract"||means the contract made between the Company and the Customer for the placing of the Advertisement on the Jobs.ac.uk Website; for the use of the CV Search Service; or for provision of the Employer Video(s) Service.|
|"Company"||means Warwick University Services Limited trading as jobs.ac.uk;|
|"Customer"||means the party wishing to make use of one or all of the respective Services and with whom the Company contracts;|
|"Employervideos.com Website"||means the Company's website http://www.employervideos.com|
|"Intellectual Property Rights"||means any, copyright, database rights and related rights, rights in designs and trademarks (registered or unregistered), rights in confidential information (including know-how and trade secrets) and including all applications (and rights to apply) for, and renewals or extensions of, such rights which subsist or will subsist, now or in the future, in any part of the world.|
|"Jobs.ac.uk Website"||the Company's website www.jobs.ac.uk;|
|"Personal Data"||has the meaning as defined in the Data Protection Act 1998.|
|"Profile Information"||means the information provided by a Candidate including (without limitation) name, email address, location, and current role.|
1. Basis of a Contract
1.1 Subject to the terms and conditions set out in this Agreement, a Customer may:
1.1.1 request the Company to place an Advertisement (the "Advertisement Request") on the Jobs.ac.uk Website;
1.1.2 Use the CV Search Service; or
1.1.3 Request the Company to perform the Employer Video(s) Service (the "Employer Video(s) Request").
1.2 The Customer will make the Advertisement Request and / or the Employer Video(s) Request to the Company via email, the online self-submit form or via an Applicant Tracking System
1.3 A Contract shall come into existence:
1.3.1 Whenever an Advertisement (or a replacement advertisement pursuant to clause 3.1) is placed on the Jobs.ac.uk Website by the Company;
1.3.2 When the Customer creates an account to use the CV Search Service; or
1.3.3 The date upon which the Customer engages the Company to perform the Employer Video(s) Service.
1.4 Subject to clause 11.6, the terms and conditions of this Agreement shall form the terms and conditions of each Contract and shall apply to the exclusion of any terms or conditions whether put forward by or on behalf of the Customer in or on its order or otherwise or whether implied by law (insofar as the exclusion of the same is lawful).
1.5 No alteration to these terms and conditions set out in this Agreement shall be effective unless expressly agreed to in writing by the Company.
1.6 The Company may in addition to placing the Advertisement on the Jobs.ac.uk Website and in order to increase the exposure to the Advertisement place the Advertisement on any other relevant website operated by the Company and / or any third party at no extra cost to the Customer and the Customer acknowledges, agrees and accepts that by requesting the Company to place the Advertisement on the Jobs.ac.uk Website, the Company may so place the Advertisement as provided for in this clause 1.6.
1.7 The Customer and the Company agree to be bound by the terms and conditions set out in this Agreement and in each Contract.
The Advertising Service
2. Price and Payment in respect of the Advertising Service
2.1 The fees for placing an Advertisement on the Jobs.ac.uk Website are available on request as set out in the "Products & Prices" page on the Jobs.ac.uk Website. The Company shall be entitled to charge the Customer a further placement fee where variations to the Advertisement are requested by the Customer and accepted by the Company whether such variations are made by the Company or by anyone else. Any variation will result in the advertisement becoming a replacement advertisement. Where the customer requests the Company to place a duplicate advertisement a placement fee shall be charged for each advertisement.
2.2 If the Customer requests the Company to place any Advertisement which includes details of more than one post the Company may split the Advertisement into an Advertisement for each post or each category of post as it deems appropriate and a placement fee is payable in respect of each Advertisement into which the Customer's request is split and which the Company so places on the Jobs.ac.uk Website.
2.3 Unless otherwise expressly stated in writing, all prices are exclusive of VAT.
2.4 The Company may invoice the Customer at any time after the Advertisement has been placed on the Jobs.ac.uk Website, and the Customer shall make payment in full within fourteen days of the date of the Company's invoice.
2.5 Where Annual Subscriptions are paid by instalments any delay or default by the Customer in making payment in respect of any one instalment shall render all the remaining instalments due forthwith, and interest will be charged in accordance with clause 2.6 with immediate effect from the date such instalment payment became overdue until the date of actual payment of the full amount of the Annual Subscription.
2.6 Interest at the annual rate of % over the base rate of the Barclays Bank plc will be charged on a daily basis on all monies outstanding after the due date until the actual date of payment (both before and after judgement).
3.1 The Customer warrants that:-
3.1.1 It has obtained all necessary consents in respect of all contents of the Advertisement (the "Advertisement Content")and that the Advertisement Content complies with all necessary legal statutory and regulatory requirements including, but not limited to any codes under the supervision of the Advertising Standards Authority;
3.1.2 The Advertisement Content does not and will not infringe the Intellectual Property Rights of any third party.
3.1.3 The Advertisement Content is honest, decent, truthful, accurate and contains nothing which is defamatory, libellous or blasphemous or which would or might have a detrimental effect upon the reputation of the Company and/or Warwick University; and
3.1.4 The Advertisement Content does not discriminate against any person(s) on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, sexual orientation as set out in the Equality Act 2010 and/or any other ground that may be rendered unlawful by any changes in legislation from time to time.
3.2 The Customer shall be responsible to the Company for ensuring the accuracy and sufficiency of its Advertisement Content.
4.1 Without prejudice to any other provisions in these terms and conditions the Customer shall indemnify the Company in full against all liability, loss including loss of profit, costs, damages and expenses (including legal expenses) awarded against or incurred or paid by the Company as a result of or in connection with:
4.1.1 Breach of any warranty given by the Customer in relation to the Advertisement Content;
4.1.2 Any claim that the Advertisement Content infringes the Intellectual Property Rights of any third party;
4.1.3 Any breach of any of the Customers obligations under the terms and conditions of this Agreement or each Contract, and/or any act omission or negligence on the part of the Customer.
5. Right to Refuse to Accept or to Remove Advertisement
5.1 The Company reserves the right to refuse to place any Advertisement at its discretion including but not limited to where the Advertisement contains moving images or which the Company believes is or may be of an illegal or libellous nature or may be an infringement of the proprietary or other rights of a third party or is otherwise unsuitable for publication.
5.2 The Company further reserves the right to remove any Advertisement for any reason including but not limited to those set out in this clause 5. In which case the Company's sole obligation shall be to so inform the Customer and subject to clause 11.6 the Company shall have no liability whatsoever in respect thereof.
6. Email Communications
6.1 Messages from the Company may be confidential. Where the Customer is not the intended recipient of emails from the Company, the Customer will not copy or disclose any message to any third party and will notify the sender and delete the message.
6.2 Opinions, conclusions and other information in any message that do not relate to the official business of the Company or the Jobs.ac.uk Website shall be understood as neither given nor endorsed by it.
6.3 No Contracts shall be concluded by means of an email.
6.4 Subject to clause 11.6 the Company accepts no responsibility for viruses and it is the recipient's responsibility to scan any email and any attachments.
7. Employer Video(s) Service
7.1 Provision of the Employer Video(s) Service
7.1.1 The Employer Video(s) Service allows the Customer to engage the services of the Company via the Employervideos.com Website in order to produce promotional films for the Customer (the "Employer Video(s)"). Upon the request of the Customer and the agreement of the Company, the Company may place the Employer Video(s) on the Jobs.ac.uk Website.
7.2 Customer Obligations:
7.2.1 The Customer shall be entirely responsible for:
188.8.131.52 The selection of all and any staff selected for inclusion in the Employer Video(s), and the availability and presence of those staff as and when required; and
184.108.40.206 The accuracy, sufficiency, and completeness of all information and content which it provides.
7.2.2 In connection with each Employer Video, the Customer warrants that the information and content provided by it or on its behalf contains nothing which is unsuitable for broadcasting, which is otherwise unlawful, or may be an infringement of the Intellectual Property Rights or other rights of any third party and shall indemnify the Company in respect of all and any claims, losses, demands, actions, or expenses arising there from.
7.2.3 Where the Company films the Employer Video(s) at the premises of the Customer, the Customer shall provide free of charge:
220.127.116.11 proper and safe storage and protection of all of the Company's equipment and materials on the Customer's site;
18.104.22.168 free and safe access to the Customer's site and place where the filming services are to be performed; and
22.214.171.124 all facilities and services necessary to enable the Company to provide the filming services shall be performed by the Customer safely and expeditiously.
7.3.1 To the extent permitted by law, the Customer shall own the copyright in the Employer Video(s);
7.3.2 The Customer hereby grants to the Company an unrestricted non-exclusive licence to use the Employer Video(s) for marketing and publicity purposes, until expiry of the copyright in the Employer Video(s).
7.4 Price and Payment:
7.4.1 The fees for placing Employer Video(s) on the Jobs.ac.uk Website are available on request as set out in the "Pricing" page on the Employervideos.com Website.
7.4.2 The payment schedule for Employer Video(s) will be as defined at the time of initiation and will consist of staged payments at key points throughout the production cycle (without limitation) planning completion, filming completion and video completion.
7.4.2 Unless otherwise expressly stated in writing, all prices are exclusive of VAT.
7.5 Hosting of the Employer Video(s):
7.5.1 If the Company agrees to host the Employer Video(s) on the Jobs.ac.uk Website the following provisions will apply at all times:
126.96.36.199 To the extent permitted by law and subject to clause 11.6 the Company cannot guarantee, nor does the Company warrant (i) that the Customer's or Candidate's access to the Employer Video(s) on the Jobs.ac.uk Website will not be interrupted or that (ii) the Jobs.ac.uk Website or any of its contents are virus free;
188.8.131.52 The Company may discontinue the hosting service for the Employer Video(s) upon giving seven (7) days' notice in writing to the Customer; and
184.108.40.206 In the event that the content of an Employer Video(s) is/are found to contain material which is contrary to the law, the Company has a right to remove the Employer Video(s) from the Jobs.ac.uk Website immediately and without notice or compensation.
The CV Search Service
8. The CV Search Service and Intellectual Property Rights
8.1 The CV Search service is the service provided by the Company which allows Customers to view, search, purchase and access Curriculum Vitaes ("CVs") of Candidates held on the Company's Candidate database (the "Database") via the Jobs.ac.uk Website.
8.2 As between the Company and the Customer:
8.2.1 All Intellectual Property Rights and all other rights in the CVs shall belong to the Candidate; and
8.2.2 All Intellectual Property Rights and other rights in the Database shall belong to the Company.
8.3 Subject to clause 8.5 below, when the Customer uses the CV Search Service, the Company hereby grants the Customer a non-exclusive licence to use the purchased CVs and Profile Information for the purpose of recruiting Candidates and recruiting related activities, provided that the Customer complies with (i) these terms and conditions set out in this Agreement and/or any Contract and (ii) all applicable legislation.
8.4 If the Company is required to terminate this Agreement under clause 13 or this Agreement ends, the licence granted under clause 8.3 will automatically terminate, except in respect of the CVs of Candidates the Customer has directly employed.
8.5 The Customer acknowledges that the Company's provision of Candidate's CVs to the Customer is conditional on the Candidates providing the Company with a licence on such terms as will entitle the Company to license use of their CV on to the Customer.
9. Access to and Use of the CV Search Service
9.1 The Company allows the Customer to access the CV Search Service on the following basis:
9.1.1 That the Customer is a bona fide recruiter, employer or a recruitment agent acting for a recruiter.
9.1.2 The Customer will at all times keep its password (which is personal to the Customer) for the CV Search Service secure and will not allow it to be used by any third party to access any of the Services or be otherwise shared with or disclosed to any third party.
9.1.3 If the Customer becomes aware that any third party has access to its password, the Customer will immediately notify the Company and the Company shall provide the Customer with a new password as soon as reasonably practicable.
9.1.4 The Customer will not do anything which would assist anyone who is not a registered user of the CV Search Service to gain access to or misuse it.
9.1.5 The Customer will not maliciously create additional accounts for the purpose of abusing the functionality of the Jobs.ac.uk Website or the Candidates who have signed up to the Jobs.ac.uk Website, or other users; nor will the Customer seek to pass itself off as another user;
9.2 If, for any reason, the Company believes that the Customer has not complied with these terms and conditions or is misusing the CV Search Service in any way, the Company may, at its discretion, cancel, suspend or otherwise restrict the Customer's access to the Jobs.ac.uk Website and the CV Search Service immediately and without giving any advance notice.
9.3 The Customer hereby warrants, represents and undertakes to the Company that:
9.3.1 The Customer will only use the CV Search Service and any information received through the CV Search Service for the Customer's recruitment related activities;
9.3.2 The Customer will not sell, sub-license, sub-contract or rent any information received through the CV Search Service in respect of a Candidate on the Database to a third party.
9.3.3 The Customer will not create a marketing list (other than for jobs) for either the Customer's own use or to sell on to a third party using any information received through the CV Search Service in respect of a Candidate on the Company's Candidate database;
9.3.4 The Customer's use of the CV Search Service will not be prejudicial to the image or reputation of the Company, the Jobs.ac.uk Website or any other recruiters who use the Jobs.ac.uk Website;
9.3.5 In relation to obtaining, storing and using any Profile Information and Personal Data derived from the Customer's use of the CV Search Service or otherwise in connection with the Customer's use of the CV Search Service, that the Customer is registered with the Information Commissioner's Office (or the Customer warrants that the Customer are exempt) for the purpose of processing and controlling personal information and the Customer has complied and will comply with the terms of the Data Protection Act 1998 and have and will comply with all relevant requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any guidance issued by the Information Commissioner; and
9.3.6 The Customer will keep all Candidates' Profile Information and Candidate Information confidential.
9.4 In respect of CVs provided to the Customer under the CV Search Service, the Customer hereby warrants, represents and undertakes to the Company that the Customer will:
9.4.1 Not keep Candidates' CVs on any database or similar storage facility for longer than is necessary for the Customer's recruitment purposes; and
9.4.2 Delete a Candidate's CV from any database or similar storage facility if the Company and / or Candidate so requests the Customer to delete it, within a reasonable time following such request.
10. Price and Payment in respect of the CV Search Service
10.1 The Customer will not be able to view new CVs of any Candidates unless:
10.1.1 the Customer created an account via the Jobs.ac.uk Website or has logged into their existing account on the Jobs.ac.uk Website; and
10.1.2 the Customer has purchased credits from the Company in order to access and view the new CVs of the Candidates.
10.2 Where the Customer has an existing account, the Customer will be able to view all CV's which it has previously purchased.
10.3 To purchase a Candidate's CV the Customer will need to submit payment by means of a valid credit or debit card before payment can be processed. Once the Company has validated the Customer's credit/debit card, the Customer will be able to purchase individual CVs or purchase credits for the Customer's account on the Jobs.ac.uk Website which will enable the Customer to buy CVs using credits.
10.4 The applicable rates and discounts for the purchase of CVs and / or credits for individual CVs and/or bundles of CVs are set out on the Jobs.ac.uk Website as at the date of purchase, which is available on the Jobs.ac.uk Website CV Search page , save where other rates have been expressly agreed between the Customer and the Customer's sales team either in writing or over the telephone, using the contact details provided on the Website.
10.5 The Company will not issue refunds to the Customer in respect of any CVs or credits purchased using the CV Search Service.
10.6 Unless otherwise expressly stated in writing, all prices are exclusive of VAT.
11. Warranty and Liability in respect of the Services
11.1 The Company will not be liable to the Customer:-
11.1.1 in contract, tort (including without limitation negligence) and / or breach of statutory duty for any loss or damage which the Customer may suffer by reason of any act omission neglect or default (including negligence) in the performance of the Services by the Company its servants or agents in excess of the following amounts:
220.127.116.11 for provision of the Advertising Services: the fee paid for the Advertisement or, if the Advertisement was placed subject to an Annual Subscription, the proportionate cost of the Advertisement in relation to the Annual Subscription;
18.104.22.168 for provision of the CV Search Service: the total monies paid by the Customer in accordance with clause 10.
22.214.171.124 for provision of the Employer Video(s) Service: the fee paid for the Employer Video.
11.1.2 in contract tort (including without limitation negligence) and/or breach of statutory duty for any loss of profit, any indirect or consequential (including economic) loss of any kind which the Customer may suffer by reason of any act omission neglect or default (including negligence) in the performance of Services by the Company, its servants or agents.
11.2 The Company does not warrant the accuracy or reliability of any Candidates' CVs or other information or Personal Data relating to Candidates ("Candidate Information") that the Customer acquires or has access to from using the CV Search Service. The Company does not review the Candidate Information or verify the accuracy of the information contained therein.
11.3 The Company has no liability to the Customer for any direct or indirect losses including (without limitation) loss of profits, or damages incurred arising out of the Customer's use, or inability to use any CVs or Candidate Information.
11.4 In the event that the Company's continuing publication of the Jobs.ac.uk Website is restricted, curtailed or prevented by any applicable law or regulation or any other thing beyond the Company's control, the Company may terminate this Agreement forthwith in whole or in part.
11.5 The Company accepts no liability for any delay or disruption to the Customer whilst using the Services or for any loss or damage to the Customer's account or for any loss or damage caused by any error or technical fault in respect of the transfer of a CV from the Jobs.ac.uk Website to the Customer.
11.6 Nothing in this Agreement shall exclude or limit the Company's liability to the Customer for fraud or statements made fraudulently; or for death or personal injury caused by the Company's negligence, or for any other liability which cannot be excluded or limited under applicable law.
12.1 Without prejudice to any other provisions in these terms and conditions the Customer shall indemnify the Company in full against all liability, loss including loss of profit, costs, damages and expenses (including legal expenses) awarded against or incurred or paid by the Company as a result of or in connection with:
12.1.1 Breach of any warranty given by the Customer in relation to the use of the Services;
12.1.2 Any breach of any of the Customers obligations under the terms and conditions of this Agreement or each Contract and/or any act omission or negligence on the part of the Customer
13. Termination and Suspension of the Services
13.1 Subject to any other provision in this Agreement to the contrary, without prejudice to any rights and remedies available to it, the Company shall be entitled, forthwith on written notice to the Customer either to terminate this Agreement; or each Contract or any other contract with the Customer wholly or in part or to withhold performance of all or any of its obligations under this Agreement; each Contract and/or any other contract with the Customer (and on the giving of such notice all monies outstanding from the Customer to the Company shall become immediately due and payable) if;
13.1.1 Any sum owing to the Company from the Customer on any account whatsoever shall be unpaid 30 days after the due date for payment;
13.1.2 The Customer commits any material breach of the terms and conditions of (i) this Agreement or any contract (including without limitation a Contract) with the Company, which is not remedied by the Customer within 7 days of notice by the Company to the Customer of such material breach;
13.1.3 The Customer is no longer a bona fide recruiter, employer or a recruitment agent acting for a recruiter; or
13.1.4 The Customer, in the reasonable opinion of the Company is causing a nuisance to any of the Candidates.
13.1.5 The Customer commits or suffers any of the following: namely the passing of a resolution or the presentation of a petition for winding-up, bankruptcy or for the appointment of an administrator, the appointment of a receiver and/or manager or administrative receiver over the whole or any part of the Customer's undertaking and assets, the making of a proposal for a voluntary arrangement within the Insolvency Act 1986 or of a proposal for any other composition scheme or arrangement with or the calling by the Customer of any meeting of its creditors generally, the levying of execution or distress or diligence on any of its assets, the failure to pay its proper debts as and when due and anything analogous to any of the foregoing under the law of the jurisdiction where the Customer is established.
13.2 Subject to clause 13.3 below, if this Agreement or Contract is terminated in accordance with this clause 13 or clause 11.4, the Customer will:
13.2.1 Stop using all CVs and Candidate Information acquired through the CV Search Service; and
13.2.2Return all soft and hard copies of CVs acquired through the CV Search Service in their possession to the Company within five (5) days of receiving notification of termination; or
13.2.3 At the Company's request, destroy all soft and hard copies of CVs acquired through the CV Search Service in their possession and provide to the Company a signed certificate of destruction confirming such destruction, within seven (7) days of receiving notification of termination.
13.3 The Customer will not be subject to the provisions of clause 13.2 in respect of any Candidate of which it has already employed.
13.4 For the avoidance of doubt, in the event of a suspension of performance of any of the Services (in whole or in part), the Company shall be entitled to require from the Customer, as a condition of resuming performance of any of the Services, the pre-payment, of any further Advertisement(s).
14. Data Protection Act 1998
14.1 For the purpose of this clause 14 "Personal Data" and "Data Processor" has the meaning set out in the Data Protection Act 1998 (the "Act") .
14.2 Where the Customer is processing Personal Data as a Data Processor for the Company, the Customer shall ensure that it complies with its obligations under the Act. The Customer will have in place appropriate technical and organisational measures to ensure the security of Personal Data, CVs and Candidate Information against unauthorised or unlawful processing and against accidental loss or destruction of, or damage to, Personal Data.
14.3 The Customer shall only process Personal Data on behalf of the Company in accordance with any instructions issued by the Company and for no other purpose, save as required by law. The Customer will provide the Company with such information as the Company may reasonably require, satisfying itself that the Customer is complying with its obligations under the Act.
14.4 The Customer shall treat any Personal Data, CVs and Candidate Information provided by the Company and acquired through the Jobs.ac.uk Website as confidential information.
14.5 The Customer will notify the Company of any actual or suspected fraudulent use, loss, theft, misuse or compromise of Personal Data CVs or Candidate Information. The Customer will indemnify the Company in full against any loss, claims, costs, expenses or other liabilities that the Company incurs as a result or due to a breach of this Clause by the Customer or its employees, agents or sub-contractors.
15.1 No failure or delay on the part of the Company to exercise any of its rights under this Agreement and/or any Contract shall operate as a waiver; nor shall any waiver by the Company of any breach by the Customer of any of its obligations under this Agreement and / or any Contract affect the rights of the Company in the event of any further or continuing breach.
15.2 Any notice required to be given in writing under this Agreement and/or any Contract by either the Company or the Customer to each other:
15.2.1 shall be given by the Customer to the Company either by letter (via the post) or by email using the "Contact Us" facility on Jobs.ac.uk Website; or
15.2.2 shall be given by the Company to the Customer by email or by post, using the contact details provided by the Customer to the Company; and
15.2.3 if notice is sent by email, it shall be deemed to have been received upon transmission, and in the case of a letter, forty-eight hours after posting.
15.3 Neither the Company nor the Customer shall have any liability for any failure to perform or any delay in the performance (other than as to payment) of any obligations under this Agreement and / or any Contract caused by any factor beyond its reasonable control.
15.4 Each and every obligation contained in this Agreement and / or any Contract shall be treated as a separate obligation and shall be severally enforceable as such notwithstanding the non-enforceability of any other obligation.
15.5 This Agreement and each and every Contract shall be governed by English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts.
15.6 This Agreement and each and every Contract is personal to the Customer. The Customer shall not assign, transfer or charge its rights and responsibilities under this Agreement and / or each and every Contract or any of them without the prior written consent of the Company.
15.7 The terms and conditions and of this Agreement and each and every Contract shall not constitute and shall not be deemed to constitute a partnership between the Company and the Customer and the Customer shall not act nor purport to act as agent for the Company but solely as an independent contractor.
15.8 For the avoidance of doubt nothing in this Agreement or any Contract these Conditions shall confer on any third party any benefit or the right to enforce any provision of these Conditions.