Terms and Conditions of Business
a. Fees means the fees to be paid to us in consideration for the Services;
b. Order Confirmation means, in the case of online orders, the confirmation of purchase on the Website of the Services, and in the case of all other orders, the form signed by you confirming details of the Services ordered by you.
c. Services means the online recruitment services as set out in the Order Confirmation, including Subscription Services. A description of all services offered by the Company can be found here;
d. We, our or us means The Jobs Board Company Ltd;
e. Website means www.cambridgejobsboard.com; and
2. Basis of Contract
(i) in the case of online orders, the screen confirming successful purchase of Services appears on the Website; or
(ii) in the case of all other orders, we have received your completed Order Confirmation.
c. You acknowledge that such contract is conditional upon you passing our credit checking process.
3. Charges and Payment
a. The fees for the Services shall be as set out in the Order Confirmation. A list of the fees charged for all services can be found here.
b. Other than for Services paid for online or by phone using credit or debit cards (where we will provide payment confirmation after payment has been taken), we shall issue an invoice to you on formation of contract as set out in clause 2.b above, and in the case of Subscription Services, at monthly or annual (as applicable) intervals in advance thereafter.
c. You shall pay our invoices in full within 14 calendar days from the date of invoice.
d. In the event that an invoice becomes overdue for payment by you, we reserve the right to suspend the Services and/or to charge interest at a rate of 5% above the base rate of Barclays Bank from to time from the date that the invoice becomes overdue until it is settled in full by you.
e. In the event that you fail to pay any invoice within 14 calendar days of receipt of a notice to pay (such receipt shall be deemed to be 2 working days after the date of such notice), we may terminate the Services and all outstanding invoices shall become payable immediately. In the case of Subscription Services, the fees in respect of any outstanding minimum term shall also become payable immediately. For the avoidance of doubt, you shall remain liable for payment of all agreed Services notwithstanding such Services have been suspended or terminated under this clause 3.e.
f. Online payments will be carried out by Stripe Payments Europe Ltd and will be subject to Stripe Payments Europe Ltd’s terms and conditions which can be found here: https://stripe.com/gb/checkout/legal
a. We will use reasonable endeavours to perform the Services in accordance with these terms and the Order Confirmation in all material respects, including any performance dates (for which time shall not be of the essence).
b. We reserve the right to make changes to the Services if required for technical or legal reasons, provided that such changes do not materially affect the Services.
c. You will co-operate with us in all matters relating to the Services, provide us with such accurate and up-to-date information and materials as we may require to perform the Services, and ensure that you hold such licences, permissions and consents in relation to materials provided by you as are required for us to perform the Services.
d. You undertake not to upload to, or submit to us for uploading onto, the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect us or our reputation.
5. Service Levels
a. Subject to scheduled downtime (of which we will notify you at least 24 hours in advance), we shall use reasonable endeavours to ensure that the Website is available to you at least 99.95% of the time (“Monthly Uptime Percentage”).
b. In the event that the Website availability falls below the Monthly Uptime Percentage, you shall be entitled to:
(i) one free job posting on our Website; or
(ii) in the case of Subscription Services only, a credit to your account equal to £50, (a “Service Credit”)
c. In order for you to receive a Service Credit you must request such Service Credit within seven (7) calendar days after Website availability falls below the Monthly Uptime Percentage by sending an email to email@example.com. Failure to make a request, or failure to promptly provide any other information as reasonably required by us, will disqualify you from receiving a Service Credit.
d. If we confirm that the Website availability was less than the Monthly Uptime Percentage, the relevant Service Credit will usually be applied within 30 days of your request.
e. Receipt of a Service Credit shall be your sole and exclusive remedy in the event that Website availability falls below the Monthly Uptime Percentage.
6. Intellectual Property
a. You warrant and represent that you are the owner or licensee of all intellectual property rights in any materials provided to us and hereby irrevocably agree that you will indemnify and hold us harmless from and against any claims, losses, costs or damages we incur that arise from or as a result of your breach of this warranty.
b. All intellectual property rights in our Website, the materials provided by us, our techniques and know-how and any intellectual property created during the provision of the Services shall belong exclusively to us.
Each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to it by the other party for a period of three years from the date on which is contract is formed pursuant to term 2.b.
8. Data Protection Compliance
a. In this section the following terms shall have the meaning set out below:
“Data Protection Laws” means (i) until 24 May 2018, any legislation in force in any jurisdiction implementing EC Directive 95/46/EC and, from 25 May 2018, means Regulation (EU) 2016/679 (“GDPR“) and any legislation in force from time to time in any jurisdiction which implements it; (ii) any legislation in force in any jurisdiction implementing Directive 2002/58/EC or any successor thereof; and (iii) any other applicable national privacy legislation or regulations, and any guidance or codes of practice issued in respect of such legislation by data protection regulators.
“Data Subject” has the meaning given to this term in the applicable Data Protection Law.
“Personal Data” has the meaning given to this term in the applicable Data Protection Law.
“Shared Personal Data” means any Personal Data collected or received by one Party pursuant to this Agreement (i) in respect of which the other Party is a controller (as defined in the applicable Data Protection Law); or (ii) where the Data Subject from whom the Personal Data is obtained has provided the Personal Data in the context of its relationship with (including employment by) the other Party.
b. Notwithstanding the remainder of this section each Party shall comply with all applicable obligations imposed by, and all requirements under, the Data Protection Laws.
c. Without prejudice to the generality of clause b of this section, where either Party (the “Disclosing Party“) or its employee or representative discloses Personal Data to the other (the “Recipient“) in connection with the services provided under this agreement (the “Services“), the Disclosing Party will ensure that it obtains all necessary consents from the Data Subject, or alternatively that it only discloses the Personal Data on the basis of some other valid ground provided for in the Data Protection Laws, such that the Personal Data it provides to the Recipient can be lawfully used or disclosed by the Recipient in the manner and for the purposes anticipated by the Services.
d. Although the Parties acknowledge that the Data Protection Laws ultimately determine status, the Parties are of the view that they shall each be controllers (as defined in the Data Protection Laws) in respect of Shared Personal Data that they receive pursuant to the provision and receipt of the Services.
e. Without prejudice to the Disclosing Party’s obligations under clauses c and f of this section, the Parties shall ensure that they process and share the Shared Personal Data fairly and lawfully in accordance with the Data Protection Laws. Each Party shall only use Shared Personal Data for the purposes of performing its obligations, and exercising its rights, under the Terms and Conditions SAVE WHERE a Party has an ongoing relationship with the Data Subject, such as Company’s ongoing provision of services to the Candidate, and is able to continuing processing the Shared Personal Data lawfully in accordance with Data Protection Laws.
f. The Disclosing Party shall ensure that fair processing notices are provided to the Data Subjects in accordance with the Data Protection Laws, including that they are clear and provide sufficient information to the Data Subjects for them to understand what Personal Data the Disclosing Party is sharing with the Recipient, the circumstances in which it will be shared, the purposes for the data sharing and either the identity of the Recipient or a description of the types of organisation (that includes the Recipient) that will receive the Personal Data. The information provided by the Disclosing Party to Data Subjects shall be detailed enough that the Data Protection Laws are complied with and so that the Recipient need not provide any information to the Data Subject in order to comply with the Data Protection Laws (including Article 14 of GDPR).
g. Each Party is responsible for maintaining a record of individual requests for Personal Data, or other requests from Data Subjects to exercise their rights under the Data Protection Laws, the decisions made and any information that was exchanged. Records must include copies of the request, details of the data accessed and shared and, where relevant, notes of any meeting, correspondence or phone calls relating to the request.
h. The Parties agree to provide reasonable assistance to each other to enable them to comply with the Data Protection Laws including, but not limited to, subject access requests or any other exercise by a Data Subject of its rights under the Data Protection Laws and to respond to any other queries or complaints from Data Subjects or regulators.
i. Having regard to the state of technological development and the cost of implementing such measures, each Party shall have in place appropriate technical and organisational security measures in order to:
(1.1) unauthorised or unlawful processing of the Shared Personal Data; and
(1.2) the accidental loss or destruction of, or damage to, the Shared Personal Data; and
(2) Ensure a level of security appropriate to:
(2.1) the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and
(2.2) the nature of the Shared Personal Data to be protected.
j. Each Party shall promptly notify the other Party of any personal data breach (as defined in GDPR) which affects, or may affect, Shared Personal Data obtained from that other Party and shall provide such additional information and assistance as the other Party may request in order to enable that other Party to comply with Data Protection Laws.
9. Limitation of Liability
a. Nothing in these terms shall limit or exclude our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
b. We cannot guarantee that the Services will generate any applications or responses, or lead to the filling of any of your employment vacancies.
c. We shall not be liable for any pure economic loss, loss of profits, loss of business, loss of revenue, loss of contract, loss or depletion of goodwill and/or business opportunity, loss of anticipated earnings or savings or like loss; wasted management, operational or other time; or any special, indirect or consequential losses.
d. Our total liability under or in connection with the contract (whether in contract, tort, breach of statutory duty, restitution or otherwise) in respect of all and any loss or damage howsoever caused shall in no circumstances exceed the Fees actually paid by you as set out in the Order Confirmation to which the loss relates.
e. Except as set out in these terms, all warranties, other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
10. Term and Termination
a. Either party may terminate the contract formed pursuant to term 2.b on 30 days’ notice in writing, or immediately in the event that the other party participates in or is subject to any winding up, liquidation or other analogous event.
b. Subscription Services are for a minimum term of 1 month unless otherwise agreed with us. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable. Subscription Services will automatically renew for a further minimum term of 1 month on the same terms and Fees as are applicable on the date immediately prior to the relevant anniversary date, unless either party gives the other written notice to terminate at least 14 days prior to such anniversary.
c. Without prejudice to any other remedy, we may terminate your account and any or all contracts and Services with immediate effect in the event of:
(ii) you not providing full or accurate contact or company information; or
(iii) us considering that you are acting inappropriately or illegally.
d. On termination for any reason you will immediately pay any and all unpaid Fees and, if you are receiving Subscription Services we will invoice you for any Fees which have become payable but for which no invoice has yet been raised.
a. Neither party shall be liable to the other for any failure to perform its obligations under these terms where such performance is delayed or prohibited by events that are beyond its reasonable control.
b. Neither party may assign its obligations under these terms without the other’s consent. Any notice given under these terms shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post to the registered office of the other party.
d. If part of these terms is invalid, illegal or unenforceable, that provision or part-provision shall be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.
e. Nothing in these terms creates a partnership or joint venture of any kind between the parties. A person who is not a party to this contract shall not have any rights under or in connection with it.
f. Any variation of these terms must be agreed in writing and signed by us.
g. We reserve the right to vary these terms or the Fees at any time at our sole discretion provided that no such change shall be retrospective in its effect.
h. Clauses 5 to 9 inclusive shall survive termination of the contract between us.
i. These terms are governed by English law and subject to the exclusive jurisdiction of the courts of England.