This Contract has been designed for those residents on the UK mainland. If You do not fall within this category then please e-mail Us and We will confirm any revised Conditions that will apply. However, We will assume that Your local laws, if applicable, do not prevent the sale.
In these conditions:
means Job Flurry and "Our" shall be interpreted accordingly.
means Our customer detailed on Your order which We have accepted and "Your" shall be interpreted accordingly.
means Our Client Agreement with You and these Conditions
means any advertisement of a job as part of any Client Agreement
means any day other than Saturday, Sunday or a Public Holiday in England.
means any Job Package, Membership or other scheme referred to from time to time on Our Rate Card
includes e-mail, cable, facsimile transmission and comparable means of communication.
2. Existence of Contract
- No Contract shall come into existence until Your order (however given) is accepted by the earliest of:
- Our written acceptance;
- Our posting of the Advertisement on the publicly accessible section of Our site;
- Our invoice.
- These Conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by You.
- No variation or amendment of the Contract or oral promise, advice, recommendation or commitment related to it shall be valid unless confirmed in Writing and issued by or on behalf of both parties.
- All Contracts shall be subject to there being no errors either on Our site or within our acceptance. If to Our actual knowledge any of these apply on ordering, We will e-mail You and You will have the opportunity to withdraw or alter Your order. Relevant payments received will be refunded on withdrawal or otherwise as appropriate.
- The quoted prices for a Client Agreement exclude VAT (at 20%) and other taxes or duties which are then known to be payable in addition for UK sales. Known taxes or duties at the time before We accept Your order will be confirmed to You. Subsequent changes in taxes or duties will be notified to You on invoice.
- All refunds, for any reason, will be made only in £ Sterling.
- All invoices are payable without discount of any kind and free of all payment charges in pounds sterling by BACS or cheque by post at Our premises (as stated in the "Contact" section of Our site)
5. Your Warranties
You warrant that:
- in relation to an Advertisement You act as principal unless stated clearly otherwise in Your order;
- the reproduction and/or publication of the Advertisement by Us as originally submitted or as amended under condition 6 will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render Us liable to any proceedings whatsoever;
- any information supplied in connection with the Advertisement is accurate, complete and true;
- in respect of any Advertisement submitted for publication which contains the inclusion of any name or pictorial representation (photographic or otherwise) of any living or corporate person and/or any part of any such person and/or any copy by which any such person is or can be identified, You have obtained all relevant consents;
- Where we have to input Your Advertisement details for You, You take responsibility for checking such and informing Us of any changes needed;
- the Advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Economic Community) for the time being in force or applicable in the United Kingdom; and all advertising copy submitted to Us is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority.
- You will abide by all applicable privacy and data protection law and regulations concerning the material to which You will have access from Us from time to time.
- You will not nor will You permit others to:
- create a database of material obtained from Our site for commercial exploitation nor
- indiscriminately mail shot or spam candidates through Our or any other e-mail system
- You will not nor will You permit others to upload any code containing a virus or other file which damages or adversely affects the running of the site or any computer software or hardware and You will fully indemnify Us if You are in breach of this.
6. Your Performance
- Normally the Job Manager will be available within 2 Business Days of Our acceptance of Your order. You must pay Us within 14 days of issue of Our invoice with interest at 4% over base rate of Our bankers from time to time after such is due until payment.
- All Advertisements are placed for a period of 30 days from posting live on Job Manager. The period of Your Job Manager starts on Our acceptance of Your order.
- On the expiry of the period We may turn off the Advertisement. At the end of Your Job Manager period we may delete Your Advertisement and close access permanently without refund to You.
- WE SHALL NOT BE LIABLE FOR ANY PENALTY, LOSS, INJURY, DAMAGE OR EXPENSE ARISING FROM ANY DELAY OR FAILURE IN DELIVERY OR PERFORMANCE FROM ANY CAUSE OUTSIDE OUR REASONABLE CONTROL. If there is likely to be an extended delay then We will inform You and give You an opportunity to cancel with a full refund if no posting of your Advertisement has taken place.
- You are responsible for use of facilities by You or with Your login/password. You must inform Us as soon as You are aware of unauthorised use.
- In the unlikely event of a problem please contact Our Customer Service Manager using the contact details on Our site and quoting Your details and contact number.
- We may, without derogation from the warranties contained in Condition 5, refuse or require to be amended any artwork, materials and copy for or relating to an Advertisement so as:
- to comply with the legal or moral obligations placed on Us or You; or
- to avoid infringing a third party's rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority.
- We have the right at Our discretion to decline to publish, or to omit, suspend or change the position of, any Advertisement otherwise accepted for insertion. However, We will use reasonable efforts to comply with Your order although We do not warrant the date of insertion, the wording, or the quality of the reproduction of images within the Advertisement.
- Where You are an agent for another You warrant that You are authorised to place the Advertisement with Us and You will indemnify Us against any claim made by any third party against Us arising from the publication of the Advertisement.
- IT IS YOUR RESPONSIBILITY TO CHECK THE CORRECTNESS OF EACH ADVERTISEMENT. Without prejudice to condition 6.8, We assume no responsibility for the continuation of an error in an Advertisement ordered pending notification of the error and a reasonable time to amend it.
- YOU WILL INDEMNIFY US AND AGREE TO KEEP US INDEMNIFIED AGAINST ALL CLAIMS, COSTS, PROCEEDINGS, DEMANDS, LOSSES, DAMAGES, EXPENSES OR LIABILITY WHATSOEVER ARISING DIRECTLY OR REASONABLY FORESEEABLE AS A RESULT OF ANY BREACH OR NON-PERFORMANCE BY YOU OF ANY OF THE REPRESENTATIONS, WARRANTIES OR OTHER TERMS CONTAINED IN THESE CONDITIONS OR IMPLIED BY LAW.
- If We receive a complaint about Your Advertisement then We shall be entitled to temporarily turn off that Advertisement and Job Manager pending clarification without liability or refund to You.
- WE WILL NOT BE LIABLE FOR LOSSES RESULTING FROM UNAUTHORISED ACCESS TO INFORMATION PROVIDED BY YOU.
7. Claims/Cancellation Notification
- As We will be acting on the Contract without delay, YOU WILL HAVE NO RIGHT TO CANCEL THE CONTRACT except that We may treat as a cancellation the fact that You are or may be deemed unable to pay Your debts within the meaning of the Insolvency Act 1986 Sections 123 or 268 (as may be amended) or are otherwise in breach of any of these Conditions.
- We will not be liable for any loss of copy, artwork, photographs or other materials and You warrant that You have retained such in sufficient quality and quantity for whatever purpose.
8. Extent of Liability
- We shall have no liability to You for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on Our part or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract or as to material accessible on Our site from time to time except:
- for death or personal injury resulting from Our negligence or for fraudulent misrepresentation by Us , and
- as expressly stated in these conditions but in no circumstances shall Our liability to You other than under condition 8.1.1 exceed the higher of the price paid for the Advertisement (though We reserve the right to re-advertise the Advertisement without charge instead) or, if applicable, the Client Agreement and any relevant insurance cover that We hold for these circumstances;
- Each Advertisement shall be treated as a separate order unless submitted as part of a Client Agreement with multiple Advertisements included.
- For the avoidance of doubt, we do NOT warrant the accuracy or completeness of candidate Profiles or CV's to which You may be given access and these do not obviate the need for You to take appropriate precautions before offering a position to a candidate. We do not vet candidates nor do We recommend them to You.
- The internet is an open network and You must take precautions to test all material downloaded by You from this site or attached to any emails received, for viruses or other code, files or programmes which may interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.
- We may sub-contract or assign the performance of the Contract in whole or in part.
- You shall not assign the Contract.
- We may, at Our discretion, suspend the Client Agreement and any Advertisement if You fail to make any due payment or otherwise default in any of Your obligations under the Contract or any other arrangement with Us or We, genuinely, suspect fraud.
- No waiver by Us of any breach of the Contract by You should be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of the Contract is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the rest of that and all other provisions of such shall not be affected.
10. Law & Jurisdiction
- The Contract shall be governed by English law.
- You hereby consent to the jurisdiction of the English Courts in all matters regarding it.
- A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
- Notices under this Contract shall be given in Writing in accordance with the Distance Selling Regulations (even if You are not a consumer)