Terms and conditions
All services of The IT Job Network Limited, whether gratuitous or not, are supplied subject to these terms of business. IT Job Network Limited is a Private Limited Company registered in England and Wales, Company Number: 06430058.
In these terms and conditions:
1. “Agreement” means the list of Services to which both Client and Company have agreed shall be provided to the Client by the Company, in return for payment;
2. “Candidate” is a generic term for any person registering their details on our Website for the purpose of finding a job at any point in the past, present or future;
3. “Candidate Database” means the collection of people who at one time or another registered with the Website for purposes of finding a job through it;
4. 'Client' means any person, company, organisation or firm that purchases Services from the Company or uses the Services of the company on a trial basis;
5. “Company” means The IT Job Network Limited and any subsidiary, partner or relation to the business, but specifically relating to the Website;
6. “Contract Term” means the full term specified in the Sales Order Form;
7. “Job” or “Job Posting” (or other such connotations) refers to a vacancy advertised by the Client;
8. “Recruitment Advertising” is a term used to describe the advertising of a specific job vacancy pertinent to the Client, via the Website;
9. “Sales Order Form” means an order for Services on a form provided by The Company (in any format) and signed/agreed by a Client (in any format including by email confirmation);
10. ”Services” means all recruitment advertising products and services made available by the Company via its Website;
11. “Website” means http://www.itarchitectjobs.com or any of its subsidiary sites;
12. "You" means the person, company, organisation or firm browsing and/or using the Website, and "Your" shall be construed accordingly
13. “We” means The IT Job Network Limited; and “Ours” shall be construed accordingly
14 “Third Parties” mean companies and people other than The IT Job Network Limited and any subsidiary
In the context of these Terms and Conditions, The IT Job Network Limited is an Online Recruitment Advertising Company specific to the Information Technology Industry, where Candidates apply to jobs posted by Clients and Clients search the CVs of Candidates and contact them regarding Job Vacancies.
Commencement of Services
The Company shall not commence the provision of Services pursuant to any Sales Order Form until the Sales Order Form has been verified, signed and returned to the Company. Returned Sales Order Forms are accepted via email or post.
Prices are guaranteed for the period stated on the Sales Order Form or any other such documentation. Prices are confidential and may not be disclosed by the Client to any other party.
1. A job posted on the Website will remain live for 28 days or such shorter time as may be agreed with the Client;
2. Any extension of this time will be charged to the Client as a new posting;
3. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price-per-job agreed with the Client at the time of the contract negotiation;
4. A single job is identified by its unique ID number;
5. If a Client deletes a job and then either reposts it or posts another, this will be classed as two job postings.
Payment for Services
All advertised Services prices exclude VAT/Sales Tax;
Services are to be paid for in advance via Bank Transfer unless otherwise agreed. Monthly rolling agreements may be paid by Standing Order or recurring billing of a Debit Card;
For each transaction, an invoice and/or statement shall be issued to the Client, against which payment is due;
Late payment for Services is liable to attract interest, accruing at a rate of 8% above the Bank of England’s base rate at the time;
Payment of Services is to be made in accordance with the details outlined before engagement;
All sales are final and non-refundable.
The Agreement is based on a rolling contract, where there is no defined end date, unless otherwise agreed between both parties.
The Client may terminate the Agreement after the minimum term/end date by giving one months written notice.
The Agreement shall be terminated immediately by either party in the event:
1. The other party is in material breach of these Terms and Conditions and, following a period of ten days, has not remedied such breach;
2. Either party becomes insolvent, ceases to trade or enters into liquidation;
If the Client terminates the agreement before the end of the Contract Term may, the balance owing for the remainder of the contract term must be paid in full.
In the absence of a valid Agreement, the Company may terminate your registration and/or deny you access to the site or any part of it (including any services, goods or information available on or through the site) at any time in our absolute discretion and without any explanation or notification.
The Company accepts no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the Website and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to this website and your use of it to the maximum extent permitted by law.
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this site.
You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of this site.
There are rules regarding the content and format of jobs posted on the Website. Their purpose is to ensure that visitors who search the Website receive results which are presented as clearly and informatively as possible. The Client agrees that the Company may, at its discretion and without liability to the Client, remove from the Website any advertisement which is posted in breach of these rules. The rules may change from time-to-time.
The Rules are:
1. No duplicating of jobs at the expense of other clients' jobs;
2. No gratuitous use of keywords in job descriptions or job titles. Gratuitous means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views;
3. Job advertisements placed on the Website must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity';
4. URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and URL linking is permitted from the 'apply online' link;
5. Advertisements which appear to discriminate on grounds of sex, race, disability or age are illegal and may result in proceedings being taken against both the advertiser and the publisher.
Responses to Advertisements
The Client agrees to deal fairly and professionally with individuals who may respond to a Client’s advertisement and not do anything which may bring the Company and Website into disrepute. The Client shall indemnify The Company from and against any claim brought by an individual against the Company arising from the Client’s breach of this obligation or any other of these terms and conditions.
The Company does not guarantee any response to the Client’s advertisements or that responses will be from individuals suitable for the job advertised. It is the responsibility of the Client to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
It is the Client’s responsibility to ensure that it has the appropriate equipment and is connected to the appropriate services to enable it to post jobs to the Website.
Content and Links
On this site you will be offered automatic links to other sites which we hope will be of interest to you. The Company does not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with the Company. Using automatic links to gain access to such sites is entirely at your own risk.
Whilst the Company makes every effort to ensure that the information on this site is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. The Company does not accept any liability arising from any inaccuracy or omission in any of the information on this Website or any liability in respect of information on this Website supplied by you, any other site user or any other person.
If the Client’s advertisement links to another site via the Company’s external apply online option, the Client is responsible for maintaining the links and for the content of the advertisement and the linked site. The Company may remove from the Website any advertisement which contains content or links to a site which, in its opinion, is defamatory, illegal or objectionable or will bring the Website into disrepute. The Client shall indemnify The Company from and against any claims or liability arising from content or links contained in its advertisements.
Vacancies posted by the Client to the Website may also appear on third party recruitment websites, pursuant to agreements from time to time between the Company and the proprietors of such web sites.
The Company Candidate Database
Information Submitted by You
The Company will use information supplied by you (including, without limitation, sensitive personal data) to aid the recruitment process and associated administrative functions. This involves the Company, amongst other things, processing and storing information (including, without limitation, sensitive personal data) and passing or making available online such information to prospective employers and clients; information about vacancies and placements will be passed to candidates and may be posted directly onto the website. We use third parties to help us process your information as part of the recruitment process. We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information. You consent to the Company using information provided by you (including, without limitation, sensitive personal data) in each of these ways.
Transfer outside the EEA: Personal information comprising your CV may be accessed through the Company database by third parties outside the Economic European Area ("EEA"). This could happen for instance if you apply for a vacancy where the employer is based outside the EEA. By registering and using this Website, you consent to this transfer.
Rights in the database
Database rights and all other applicable copyright and intellectual property rights in the Candidate Database belong to The Company. The Client acknowledges that it does not acquire any rights in the database or its content and that its retention and use of the database and its content is governed by these terms and conditions.
The use of the database
The material the Client is entitled to receive from the Candidate Database is determined by the product the Client has purchased from The Company. On receipt of this material the Client may:
1. Use, search or download it to its database for the purpose of finding suitable candidates for specific job vacancies that the Client or (in the case of an employment agency or employment business) its Client wishes to fill;
2. Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through the Website depending on the product have purchased) in relation to a specific job vacancy;
3. Use the information only in connection with the Client’s own recruitment-related activities.
The Client may NOT:
1. Supply, sell or license material from the candidate database, or a copy of it to any other person, including another member of any Client’s group of companies;
2. Download the database through any automated (e.g. "scraping") process;
3. Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies.
The Client must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations in relation to the protection and use of personal data.
Dealings with Candidates
The Client agrees to deal fairly and professionally with individuals it may contact using information from the candidate database and not do anything which may bring The Company or Website into disrepute. The Client shall indemnify the Company from and against any claim brought by an individual against the Company arising from the Client’s breach of this obligation or any other of these terms and conditions.
Usernames and Passwords
Usernames and Passwords are for the sole use of the person to whom they are issued. The Company may deny access to an account if it reasonably believes that it is being used by an unauthorised person or that the user is breaching these terms and conditions. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. The Company accepts no liability for any unauthorised or improper use or disclosure of any password.
Interruptions and Omissions in Service
Whilst we try to ensure that the standard of this website remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. The Company does not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this website (or any particular part of it) or to provide the service offered on this website. We may vary the specification of this site from time to time without notice.
These Website Terms and Conditions may be changed by the Company at any time. You will be deemed to accept the terms and conditions (as amended) when you next use this site following any amendment.
No variation or alteration to these Terms and Conditions is valid or has any effect unless authorised by a Director of the Company.
These Terms and Conditions shall constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of the Terms and Conditions.
You may not assign any of your rights and obligations under the Terms and Conditions.
Nothing in the Terms and Conditions shall oblige The Company to discontinue the Website or any other services provided through the Website at some future date.
If any of the provisions are held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Terms and Conditions had been executed with the invalid provision eliminated. In the event of a holding or invalidity so fundamental as to prevent the accomplishment of the purpose of the Terms and Conditions the parties shall immediately commence good faith negotiations.
The Terms and Conditions shall be governed, construed and shall take effect in accordance with the Laws of England; and shall be subject to the exclusive jurisdiction of the English courts.New text added. Please edit and save.