Terms and Conditions |
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1.0 Definitions and Effects of Conditions
1.1 "Jimfinder" means Jimfinder.com Limited a company registered in England, (Registered Company Number 4033471).
1.2 "Site" or "Website" means the location on the internet where Jimfinder maybe found - www.jimfinder.com or any other website operated, maintained or designed by Jimfinder which Jimfinder may designate for the purpose and that is also accessible by any third party via the internet.
1.3 "Internet" or "Internet Service(s)" means the service(s) provided by our Internet Service Provider (ISP) whereby the customer can gain access to any part(s) of the Internet or World Wide Web using that ISP's Access Equipment
1.4 "Customer" is deemed to be any person, agent, firm or company who enter into an agreement with Jimfinder whereby Jimfinder supplies services and/or goods to that party.
1.5 "Agreement" or "Contract" is an acceptance to purchase a service or services between Jimfinder and the customer.
1.6 "Service(s)" means the various packages Jimfinder can offer its customers.
1.7 "Advertisement" means any promotional material supplied by a customer or designed by Jimfinder that may have been used by Jimfinder in the development of a display for transmission over the internet from the website.
1.8 "Lineage Advertisement" a vacancy advertisement which contains text only and is available through searching online.
1.9 "Applicant" the person who submitted the Curriculum Vitae (CV) to Jimfinder and the details that are set out within that CV.
1.10 "Curriculum Vitae" (CV) brief factual details relating to the education, training, employment, personal circumstances and skills of an applicant for distribution via the website with the intention of securing employment.
1.11 "Domain Registration" the registration of an internet company identity name.
1.12 "email" a method of transmitting information over the internet.
1.13 "Order Form" or "Registration Form" is the form supplied by Jimfinder that enables the customer to confirm, by post, fax or email the services they require.
1.14 These conditions shall apply to and be incorporated into every agreement between Jimfinder and any person, agent, firm or company under which Jimfinder supplies services and/or goods at the request of the customer.
1.15 These conditions shall supersede all earlier terms and conditions of Jimfinder.
1.16 These conditions are deemed to have been accepted by the customer upon occurrence of any of the following:
1.16a Receipt by Jimfinder of a completed order or registration form signed for and on behalf of the customer.
1.16b Upon entry into the contract by confirmation (clicking on the accept button) while registering online for any services that are chargeable.
1.17 These conditions shall take precedence over any conditions of the customer and shall not be varied without the written consent of a Director of the Jimfinder.
1.18 Jimfinder may, at its discretion and without notice, report to the relevant authorities any improper or illegal use of the data and/or information contained on its site including CVs of candidates or any of the services Jimfinder offer.
1.19 Candidates accept that on submission of their personal details and CV that this data will be forwarded to relevant parties interested in soliciting that individual with vacancy opportunities. Jimfinder will endeavour to ensure that this is the sole use of this data but cannot be held responsible if certain persons, agents, firms or companies adapt and correlate this information for their own gain.
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2.0 Services
2.1 On receipt of an order or agreement from a customer Jimfinder will perform the services on the site for the term of the contract subject to the provisions of these conditions.
2.2 Jimfinder shall be entitled at anytime without notifying the customer to make changes to the services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the services are provided.
2.3 Any ideas, concepts, innovations, know-how or techniques developed by Jimfinder or obtained during the execution of the services will be owned exclusively by Jimfinder.
2.4 Lineage advertisements submitted will be stored and remain live on the site for a period of one month after which time they will be automatically deleted. They will also be sent out via email to any candidate who has indicated that they wish to receive this service.
2.5 Jimfinder will use best endeavour to ensure that lineage advertisements that are submitted by email or via Advertising Assistant will be live within 2 hours of receipt if they have been received during normal office hours which are Monday to Friday 0900 to 1730 hours. Lineage advertisements that are submitted online should go live almost instantly baring circumstances outside Jimfinder's control.
2.6 Lineage advertisements may not contain references to the customer's web site unless agreed by Jimfinder.
2.7 A lineage advertisement may only contain details of a single vacancy.
2.8 Any lineage advertisement which has been received by Jimfinder in addition to the agreed number will be charged at the additional rate in the contract.
2.9 Jimfinder cannot guarantee the number of impressions for banner advertisements displayed on any pages of the service including the front page.
2.10 The availability of front page and banner advertisements are entirely at the discretion of Jimfinder and no guarantee is made for the appearance of the customer's banner advertisement at any time.
2.11 Banner advertisements may only be purchased for a period of one month unless by special agreement with Jimfinder.
2.12 The size of banner advertisements will be regulated by Jimfinder and may be altered if it is deemed necessary to maintain the overall balance, layout and presentation of the site.
2.13 Pages of customer details and advertisements incorporated into the design of a website(s) for that customer will become live and functional on the service when the end customer/third party has approved the electronic artwork displayed. In the case where the end customer/third party is the customer themselves then the same applies but to that customer. If the customer has been authorised to approve electronic artwork on behalf of an end customer / third party then the customer must provide proof of this in writing from the end customer.
2.14 Any advertisement placed on the service may be cancelled and removed at the customer's request following written notification (or positive responded email) from the customer or end customer. This will occur at the earliest convenient opportunity to Jimfinder and is with the understanding of the normal cancellation clause (7.1).
2.15 Jimfinder has the right and sole discretion to decline to carry out any service, and publish, omit, suspend or change the position of any advertisement accepted by it.
2.16 Jimfinder may refuse, and therefore may require, the customer to amend, at their expense, any artwork, materials or copy for or relating to an advertisement or service so as to comply with the legal or moral obligations placed upon Jimfinder or the customer or to avoid infringing a third party's rights or any other statutory or regulatory requirements.
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3.0 Customer Obligations
3.1 The customer hereby undertakes and warrants to Jimfinder that:
3.1a in relation to any advertisements or any services the customer enters into the agreement as a principal notwithstanding that the customer may be acting directly or indirectly for an end customer / third party.
3.1b the reproduction and/or publication of the advertisement by Jimfinder as originally submitted or as amended will not breach any contract or infringe or violate any copyright trade mark, or any other personal or proprietary right of any person or render Jimfinder liable to any proceedings whatsoever.
3.2 Any information supplied by the customer in connection with the provision of the services is accurate, complete and true.
3.3 In respect of any advertisement and/or service which contains the name or pictorial representation (photographic or otherwise) of any living person and/or part of any living person and/or any copy by which any living person is or can be identified, the customer has obtained the authority of that such person to make use of that such person's name, representation and/or copy.
3.4 The advertisement and/or the contents supplied to the services taken comply with the requirements of all relevant legislation (including subordinate legislation, the rules of statutory regulatory authorities and the law of the European Union) for the time being in force or applicable thereto in such jurisdiction as the advertisement or services' content shall be made available.
3.5 The advertisement and/or the contents supplied to the services taken are legal, decent, honest and truthful and comply with the rules of UK national law and international codes and all such relevant codes relating to advertising, as may be appropriate.
3.6 The advertisement and/or the contents supplied shall not contain any data, image or other material which:
3.6a is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or materials.
3.6b or is defamatory, threatening or racially, ethnically or otherwise objectionable.
3.6c is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person.
3.6d infringes the copyright of another person.
3.6e is designed or likely to cause disruption to any computer system or to any network.
3.6f is illegal or designed or likely to induce an illegal act.
3.7 Where the customer is an advertising agency it warrants that it is authorised by the end customer/third party to place the advertisement and/or content with Jimfinder against any claim made by such person against Jimfinder arising from the publication or presentation thereof.
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4.0 CV Services
4.1 Jimfinder shall perform the CV services by supplying the customer by email with each CV received relevant to the classification identified on the order form and/or allowing access for online searches (as the case may be) during the period that the customer is actively using the relevant service(s) as agreed and set out in the contract. The services are subject to any instructions from an applicant that his or her details not be made available to the customer.
4.2 Jimfinder will only make available or supply copies of the CVs which have been received by it for distribution to person, agent, firm or company for the purpose of securing suitable employment by the applicant but Jimfinder makes no warranty whatsoever as to the availability of the candidates.
4.3 CV Forwarding will (under normally circumstances) be delivered on a once per day basis.
4.4 Jimfinder cannot guarantee the minimum number of new CVs available on any CV service on any given day.
4.5 The customer shall:
4.5a complete and sign the order form indicating which service is required and return by fax or other specified method to Jimfinder prior to commencement of the service or sign-up online following the procedures indicated on the website prior to the commencement of the service.
4.5b comply in all respects with all statutes, rules, regulations, codes of practice and legal requirements to which the customer is ordinarily subject to in respect of its receipt and processing of CVs and related matters.
4.5c use all CVs supplied pursuant to the contract and the services for the sole purpose of endeavouring to locate suitable employment on behalf of the applicant.
4.5d ensure that it is registered under the Data Protection Act 1984 to the extent that it applies and complies with its obligations under the Act.
4.5e keep confidential the CVs and all other information supplied by Jimfinder or applicants to the customer or its employees or agents and shall only use such information for such agreed purpose only endeavouring to seek employment opportunities for applicants with their express consent in respect of the CVs.
4.5f in the case where they are submitting the applicant's CV to one of their customers or a third party they must obtain the express consent of an applicant prior to submitting his or her CV.
4.5g not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from Jimfinder to any person, business or company other than its genuine customers who intend to recruit such applicants for their own employment.
4.5h not discriminate between CVs received from Jimfinder and those received directly in such a manner as to be prejudicial against applicants whose CVs have been supplied by Jimfinder nor discriminate between applicants in endeavouring to secure employment and shall not engage in any illegal discriminatory practices whether by reason of race, sex or disability.
4.5i endeavouring to give satisfaction to its customers where relevant by carefully selecting suitable applicants by taking up references and satisfying itself as to the suitability of any applicant for any particular vacancy or position and their ability to operate any equipment and/or machinery or carry out any services.
4.5j indemnify and keep Jimfinder fully and effectually indemnified against costs, claims, damages, loss, expenses and liabilities incurred by Jimfinder arising out of the customer's use of information on CVs and any breach of its obligations under these terms and conditions and the contract / agreement.
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5.0 Liability
5.1 Nothing in these conditions shall render Jimfinder responsible for any loss or liability arising out of circumstances outside Jimfinder's control. This includes the failure of ISP services' whether it be downtime of equipment or line connection, server crashes or failures and deletion, corruption, loss or removal of data. Jimfinder will with best endeavour attempt to rectify all problems quickly but time shall not be of the essence in respect to Jimfinder's obligation hereunder.
5.2 Jimfinder accepts no liability for any delay, loss, damage, costs, expense or any other loss (including loss of profits or any loss resulting from any software disk or virus) howsoever caused, arising from any matter relating to Jimfinder, including not providing the services ordered if these are outside Jimfinder’s reasonable control or any inaccurate, ambiguous or misinterpreted information or representation.
5.3 Jimfinder accepts no responsibility for any mistakes or errors whatsoever that arise during the course of publication of any advertisement or service and shall not be liable for any loss of information or data or any damage thereto or by reason of any representation or terms whatsoever for any loss of profit by any indirect, special or consequential loss (whether caused by the negligence of Jimfinder, its employees or agents).
5.4 Jimfinder will not be liable for any loss of copy, artwork, photographs, data or other materials which the customer supplies to it. The customer shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require.
5.5 As it is for the customer to satisfy themselves as to the availability, suitability, standard of skill, integrity and reliability of all applicants whose CVs are provided by Jimfinder for its customers and any particular job or position, no liability will be accepted by Jimfinder for any loss or damage whatsoever (including loss of profits) howsoever caused including without limitation arising out of the negligence, dishonesty, misconduct, breach of faith, wrongful disclosure of confidential information or lack of skill of any applicant who submits to the site.
5.6 When using Advertising Assistant it is imperative that customers check their entries prior to forwarding them onto other online internet recruitment providers. Jimfinder cannot be held liable in any way when the customer is charged by another provider for submitting vacancies to that provider's site. Equally it is the sole responsibility of the customer to check that those entries they do wish to be forwarded to another online recruitment provider have in-fact been forwarded as Jimfinder cannot be held liable for any failures in this element of the service.
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6.0 Payment
6.1 Normal payment terms are 30 days from invoice date unless otherwise agreed by Jimfinder or in respect to the exceptions mentioned. General services are invoiced monthly in advance of the service being provided.
6.2 All sums due in respect to the fees are exclusive of any Value Added Tax, for which the customer will be additionally liable. All sums due from the customer which are not paid on or by the due date (without prejudice to Jimfinder’s other rights under these Terms and Conditions) at the discretion of Jimfinder, shall incur interest at the annual rate of 3% above the prevailing base rate of the Barclays Bank. Such interest shall accrue from the due date until payment is made in full
6.3 Dates for invoicing will run consecutively from month to month from the date of the initial invoice until cancelled.
6.4 Jimfinder reserves the right at any time during the term of the agreement to suspend services and/or advertising and to withdraw access to the website if payment is withheld until such time that outstanding debts including relevant interest charges (if applicable) are collected in full. Equally Jimfinder can then subsequently demand full payment in advance for the duration of the contract to supply said services and/or advertisements if it then feels it is deemed necessary.
6.5 Where a customer places services and/or advertisements that involves the information for those services and/or advertisements being specific to more than one customer location then that customer does so on the understanding that each location is treated as a separate chargeable entity for the original services and/or advertisements requested unless specifically agreed otherwise in writing by an officer of the company.
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7.0 Cancellations
7.1 Subject to the provisions of clauses 2 and 6 any services and/or advertisements shall be fulfilled for the duration of their agreement period or until such time that a new agreement is implemented. Unless otherwise denoted, all relevant contracts will renew automatically unless the customer confirms in writing prior to the final period of their intention not to renew. Otherwise in all cases the customer will be automatically charged for that period of the service due. (Cancellation by email will only be accepted if a positive response is received from Jimfinder - confirmed written cancellation is preferred).
7.2 Jimfinder reserves the right at any time during the term of the agreement to withdraw the service and/or advertisement or access to the website in the event that Jimfinder considers the information being displayed breaches any applicable laws or the rights of any third party or is prejudicial to the interests of Jimfinder.
7.3 The contract and these terms and conditions apply for the period specified in the signed agreement. If Jimfinder terminates this agreement it may send the customer an email at the address provided on registration (or other such address denoted by the customer as being their main point of business), and the customer will be deemed to have received such notification within five hours of transmission.
7.4 The customer will be responsible for notifying Jimfinder of any changes to its email address (with a request for acknowledgement of receipt) with confirmation by first class post and such termination of the old email address will be effective upon acknowledgement of receipt by Jimfinder.
7.5 Upon termination of the contract the provision of the services supplied by Jimfinder shall immediately cease and the full amount of sums owing to Jimfinder by the customer in respect of the services shall become payable with immediate effect.
7.6 In the case of a cancellation of an order for a Website Account, Website Account Plus or an Ad-Hoc based service where Jimfinder has undertaken design work on that website for the customer but the customer cancels either prior to the website going live or at any time during the annual contract period for that service, then the customer will be liable for the full annual charge relating to that service or the balance of the charge due for the remaining period.
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8.0 Indemnity
8.1 The customer hereby undertakes to Jimfinder that the customer will, without prejudice to any other right of action which Jimfinder may have, at all times, will keep Jimfinder fully and effectively indemnified against any liability (which liability shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which Jimfinder may suffer or incur as a result of any advertisement and/or service, or pursuant to the services, or by reason of, any breach or non-fulfilment of any of the customer's obligations in respect of these terms and conditions.
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9.0 Force Majeure
9.1 Jimfinder shall not be liable for any delay or failure in performance of any part of this agreement, to the extent that such delay or failure is caused by fire, flood, explosion, accident, war, strike, embargo, governmental requirement, civil or military authority, Act of God, civil unrest, inability to secure materials or labour or any other causes beyond their reasonable control. Any such delay or failure shall suspend this agreement until the Force Majeure ceases and the original contract for advertisement and/or service(s) shall be extended by the length of the suspension.
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10.0 Assignment
10.1 The customer may not be entitled to assign this agreement nor any or all of its rights and obligations.
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11.0 Waiver
11.1 Failure by Jimfinder to exercise or enforce any right conferred by this agreement shall not be deemed to be a waiver of any such right, nor operate so as to bar the exercise or enforcement thereof or to any other right on a later occasion.
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12.0 General
12.1 These terms and conditions and the contract are the entire agreement between the customer and Jimfinder in respect to the services.
12.2 If any provision of these terms and conditions shall be invalid or unenforceable, it shall not affect any other provision which shall remain in full force and effect.
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13.0 Governing Law
13.1 This agreement shall be governed and construed in accordance with the laws of England, and the customer irrevocably agrees to the exclusive jurisdiction of the courts of England.
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