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    TERMS AND CONDITIONS for advertisement of job vacancies

    These terms and conditions (“Terms”) together with our Terms of Website Use and any other document referenced in them shall apply each time you use our website www.24dashjobs.com (“Website”) to the exclusion of all other terms and conditions. No variation to these Terms shall be valid unless approved in writing by us.

    1               Posting of Jobs and Placement of Advertisements

    1.1           Subject to these Terms and payment of the Charges (defined in paragraph 4.1 below), we shall at your request and from time to time, post a job or place an advertisement on our Website in the form agreed with you.

    1.2           After posting a job or booking an advertisement (“Booking”), you will receive an e-mail from us acknowledging that we have received your Booking. Your Booking constitutes an offer to us to post your job or place your advertisement and all Bookings are subject to acceptance by us. We will confirm our acceptance of your Booking by sending you an e-mail confirmation (“Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Confirmation.

    1.3           The Contract will relate only to those postings or advertisements which are set out in the Confirmation. We will not be obliged to post any other jobs or place any other advertisements until such postings or advertisements have been confirmed by us in a separate Confirmation.

    1.4           We will use our reasonable endeavours to post your job or place your advertisement by the date set out in the Confirmation or, if no date is specified, then within [2] working days of the date of the Confirmation, unless there are exceptional circumstances.

    1.5           We shall have no liability for any failure to post any job or place any advertisement caused by circumstances outside our control. If we make an error in displaying any advertisement your sole remedy is the cost of re-running the relevant advertisement.

    2               Content of Advertisements

    2.1           You are responsible for the content of materials supplied by you for publication on the Website, including all advertisements, information, descriptions, materials, trade marks, logos and links (“Materials”).

    2.2           You warrant that:

    2.2.1               you have the right to supply all Materials to us and for us to publish such Materials on the Website, and

    2.2.2               the Materials comply with all relevant legislation and codes of practice.

    2.3           Your advertisement must not appear to discriminate on grounds of sex, race or disability and you warrant that any requirement or qualification which may appear to discriminate illegally complies with the applicable exemption available under the relevant legislation.

    2.4           If we receive any complaint about any Materials published on our Website, or if we believe that any Materials may be discriminatory, we may at our discretion and without liability to you, amend the Materials or remove them from the Website without first notifying you. You will indemnify us against any claim that any Materials infringe the intellectual property rights or other rights of others or is defamatory, discriminatory or otherwise offensive.

    2.5           If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place on the Website comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

    2.6           You are solely responsible for fulfilling and dealing with any applications or enquiries relating to the vacancy to which a posting or advertisement relates.

    3               Your Dealings with Work seekers

    3.1           You acknowledge that you will from time to time receive personal data regarding one or more work seekers ( “Personal Data”) included in their personal profile and/or CV. Except as may be agreed directly between you and the applicable work seeker, you undertake:

    3.1.1               to use the Personal Data only for the purpose of considering and processing the relevant work seeker’s application and for no other purpose;

    3.1.2               to comply with the provisions of the Data Protection Act 1998 (as may be revised amended or superseded from time to time) with respect to the processing of such Personal Data;

    3.1.3               at all times to comply with the provisions of the Seventh Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 and, in so doing, implement appropriate technical and organisational measures to protect the Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure; and

    3.1.4               not to publish, disclose or divulge any Personal Data to any third party or transfer Personal Data outside the European Economic Area.            

    3.2           You agree to deal fairly and professionally with work seekers and not do anything which may bring allpay Ltd into disrepute. You shall indemnify allpay Ltd from and against any claim brought by an individual against allpay Ltd arising from your breach of this obligation.

    3.3           We do not guarantee any response to your posting or advertisement or that applications will be from persons suitable for the role advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that any applicants are suitable for the job advertised and have the required qualifications and personal characteristics.

    4               Your Trade Marks

    4.1           By registering as a recruiter through our Website you are required to provide information about your organisation, and may upload your trade mark and/or logo. You hereby authorise us to use and display any information, trade marks and logo in the form provided to us on the Website, and store such information, trade marks and logo within our recruiter database. You agree that your information, trade marks and logo may be accessed by any user or visitor to the Website. You confirm that you have the right to grant the authority in this clause 4.3

    4.2           We acknowledge that all intellectual property rights in your information, trade marks and logo shall remain with you and that subject to clause 4.1 above we shall not acquire any right title or interest in any such intellectual property rights.

    5               Payments

    5.1           You will be charged for each job posting or the placing of each advertisement at the prices displayed on our Website from time to time (the “Charges). We do not charge any additional fee or commission in the event that your posting or advertisement leads to the employment of a suitable person.

    5.2           You must pay all Charges [in advance by credit or debit card]. We will not charge your credit or debit card until your job is posted or advertisement is placed.

    5.3           All Charges are exclusive of VAT, which you shall pay in addition to any Charges payable under this agreement.

    5.4           If you fail to pay any Charges due to us under this agreement, we reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

    6               Liability

    6.1           To the extent permitted by law, and except as expressly set out in this agreement, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

    6.2           We shall be not liable to you in any circumstances for any special, consequential or indirect loss or damage, or for any loss of profit, business, revenue, or wasted management or office time incurred by you in connection with the use of our Website and/or the posting of any job or the placement of any advertisement, whether such loss or damage was caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    6.3           We shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by you arising from or in any way connected with any application by any person for a vacancy advertised on your behalf on our Website. 

    6.4           For the avoidance of doubt nothing in this clause 5 shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

    6.5           You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of clauses 2.2 or 2.3, or any breach or negligent performance or non-performance by you of these Terms.

    7               Termination

    7.1           We may terminate this agreement immediately on written notice to you, without liability to you:

    7.1.1               if you breach any of these Terms and the breach (where the breach is capable of being remedied) has not been remedied within 28 days of our written request to remedy it; or

    7.1.2               if you convene a meeting of your creditors or if a proposal is made for a voluntary arrangement within Part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme or arrangement with (or assignment for the benefit of) your creditors or if you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of your business or assets or if a petition is presented or a meeting is convened for the purposes of considering a resolution or other steps are taken for your winding up or for making of an administration order.

    8               Confidentality and Data Protection

    8.1           Each party shall, during the term of this agreement and thereafter, keep confidential all, and shall not use for its own purposes nor without the prior written consent of the other disclose to any third party any, information of a confidential nature (including, without limitation, trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other party unless such information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this licence, or subsequently comes lawfully into the possession of such party from a third party.

    8.2           Where we receive any personal data relating to you or your employees we shall process such data in accordance with our Privacy Policy and the provisions of the Data Protection Act 1998 (as may be revised amended or superseded from time to time).