Terms and Conditions of Use
Recruiters & Advertisers (the "Agreement")
These are the terms and conditions that apply to your use, as the Customer, of the Advertising Services (“Services”) and our provision of those Services to you in our capacity as the Company.
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.
The part of the Privacy Policy which is specific to Recruiters and Advertisers also applies to your use of the Jobs.ac.uk Website and its Services, which is available at: https://www.jobs.ac.uk/recruiters/legal/privacy-policy
Definitions
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; |
| "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; |
| "Data Protection Laws" | Means any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the Processing of Personal Data to which a Party is subject, including the Data Protection Act 2018 (“DPA”) the GDPR and all legislation enacted in the UK in respect of the protection of personal data from time to time; |
| "GDPR" | Means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and repealing Directive 95/46/EC (General Data Protection Regulation) OJ L 119/1, 4.5.2016; |
| "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. |
| "Company's Website" | Means www.jobs.ac.uk; |
| "Losses" | Means all losses, fines, penalties, liabilities, damages, costs, charges, claims, amounts paid in settlement and expenses (including legal fees (on a solicitor/client basis), disbursements, costs of investigation (including forensic investigation), litigation, settlement (including ex gratia payments), judgment, interest and penalties), other professional charges and expenses, disbursements, cost of breach notification including notification to the data subject, costs of complaints handling (including providing data subjects with credit reference checks, setting up contact centers (e.g. call centers) and making ex gratia payments), all whether arising in contract, tort (including negligence), breach of statutory duty or otherwise; |
| "Profile Information" | Means the information provided by a Candidate including (without limitation) name, email address, location, and current role. |
| "Services" | Means the Advertisement services offered by the Company to the Customer. |
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 Company's Website; or
1.2 The Customer will make the Advertisement 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 Company's Website by the Company; or
1.4 Subject to clause 7.5, 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 Company’s 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 Company’s 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, as amended from time to time, 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 Company's Website are available on request as set out in the "Products & Rates" page on the Company's 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 Company’s Website.
2.3 Unless otherwise expressly stated in writing, all prices are exclusive of VAT.
2.4 The Customer shall bear the cost of any withholding tax or any other taxes imposed by countries outside of the United Kingdom arising as a result of the sale and purchase of the Advertising Service and any other services provided by the Company’s Website. The Company shall not be compelled to take any steps to mitigate any liability which the Customer may incur in this regard.
2.5 The Company may invoice the Customer at any time after the Advertisement has been placed on the Company’s Website, and the Customer shall make payment in full within fourteen days of the date of the Company's invoice.
2.6 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 2.7 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.
2.7 Interest at the annual rate of 2% 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).
2.8 Where Product credit purchases are made the following applies:
2.8.1 Product credit purchases are made exclusively for the use by the Customer and cannot be transferred without the permission of the Company.
2.8.2 Credits are available to the Customer for an agreed period of time. Once the agreed period has elapsed all unused credits will expire and no refund or option to carry forward is available.
2.8.3 Where an invoice has been requested for payment of credit purchases, payment is due within 14 days of the date of invoice. If payment is not received within the prescribed period the credit purchase will be deemed to be terminated and all Products will be charged at full price.
3. Warranty
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. Indemnity
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 7.5 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 Company’s 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 7.5 the Company accepts no responsibility for viruses and it is the recipient's responsibility to scan any email and any attachments.
7. Warranty and Liability in respect of the Services
7.1 The Company will not be liable to the Customer:-
7.1.1 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:
7.1.1.1 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;
7.1.2 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.
7.2 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 Candidate Information.
7.3 In the event that the Company's continuing publication of the Company’s 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.
7.4 The Company accepts no liability for any delay or disruption to the Customer whilst using the Services or for any loss or damage.
7.5 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.
8. Termination and Suspension of the Services
8.1 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;
8.1.1 Any sum owing to the Company from the Customer on any account whatsoever shall be unpaid 30 days after the due date for payment;
8.1.2 The Customer commits any material breach of the terms and conditions of 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;
8.1.3 The Customer is no longer a bona fide recruiter, employer or a recruitment agent acting for a recruiter; or
8.1.4 The Customer, in the reasonable opinion of the Company is causing a nuisance to any of the Candidates.
8.1.5 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.
8.2 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).
9. Data Protection
9.1 Each party shall comply at all times with the Data Protection Act 2018, the General Data Protection Regulation (EU) 2016/679, and any relevant replacement/subsequent European and/or UK privacy legislation, for the purposes of performing its obligations and exercising its rights under these terms and conditions (“Data Protection Legislation”) and shall not perform its obligations under these terms and conditions in such a way as to cause the other party to breach any of its obligations under the Data Protection Legislation. Further information in relation to data protection is available at: https://www.jobs.ac.uk/recruiters/legal/privacy-policy.
10. General
10.1 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.
10.2 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:
10.2.1 shall be given by the Customer to the Company either by letter (via the post) or by email using the "Contact Us" facility on Company's Website; or
10.2.2 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
10.2.3 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.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
10.7 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.
10.8 The Customer agrees to comply with all applicable anti-slavery, forced and compulsory labour, and human trafficking laws, statutes, regulations in force from time to time, including but not limited to the United Kingdom’s Modern Slavery Act 2015. The Client shall maintain its own policies and procedures to ensure its compliance and enforce them where appropriate.
10.9 For the avoidance of doubt nothing in this Agreement or any Contract shall confer on any third party any benefit or the right to enforce any provision of these Conditions.
