MAXAD – TERMS OF ACCEPTANCE OF ONLINE RECRUITMENT ADVERTISING
All orders for are accepted subject to the conditions appearing below. If any of these conditions are unclear or the Customer wishes to discuss any variation to these conditions to take account of his particular circumstances, the Customer is advised to seek clarification from The Company representative prior to signing the Order Form.
1.1 In placing an order the Customer offers to contract with the company as principal.
1.2 All orders shall be subject to these conditions, and unless and to the extent otherwise agreed by the Company in writing any other condition stipulated by the Customer’s order form or elsewhere, shall be of no effect if and to the extent it conflicts with these conditions.
- Customer’s Warranties and Indemnity
2.1 The Customer warrants to the Company that:
(1) The Advertisement does not contravene any Act of Parliament (including, in the case of any investment advertisement, the Finance Services Act 1986), law of the European Community, rule of statutorily recognised regulatory authority or any other relevant legislation;
(2) The reproduction and/or publication by the Company of the Advertisement (whether or not amended in accordance with Condition 3.5) will not in any way infringe any other party’s personal or proprietary rights or breach any contract or otherwise expose the Company to the risk of any proceedings whatsoever.
(3) The Advertisement is legal, decent, honest and truthful and does not infringe the British Code of Advertising Practice or any other relevant Advertising Standards Authority code.
2.2 The Customer agrees to indemnify the Company against any and all actions, proceedings, claims, demands, damages and costs (including legal costs on a full indemnity basis) and any other liability arising directly or indirectly from breach by the Customer of any of the Customer’s warranties or of any other obligation of the Customer whether under these conditions or implied by law, including, without limitation, the Customer’s failure to notify the Company of any error in a published Advertisement.
2.3 The Company 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 the Client arising from or in any way connected with The Company seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of The Company to introduce any Candidate. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.
2.4 The Client shall indemnify and keep indemnified The Company against any Losses incurred by The Company arising out of any non-compliance with the Data Protection Laws, and/or as a result of any breach of, these Terms by the Client.
- Supply of Advert Copy
3.1 The Company undertakes to provide the Customer with Advertisement copy prior to publication.
3.2 The Company can not be held responsible for alterations or corrections to advertisement copy if returned after the advert has gone live or not confirmed in writing. Once approved by the Customer and uploaded to the internet advert copy changes cannot be made as media costs have been incurred.
3.3 Any proofs provided by the Company must be approved by the Customer before uploading to the job board(s).
3.4 The Company does not accept any responsibility for the accuracy of reproduction of copy not given to the Company in writing.
3.5 The Company may (without prejudice to the Customer’s warranties) require copy in respect of an Advertisement to be amended or altered to the extent the Company deems necessary for the Advertisement to conform with both those warranties and any specifications specified by each job board.
- Logos, etc.
4.1 Logos submitted by the Customer are submitted to and used by the Company entirely at the risk of the person by whom, or on whose behalf, they are submitted. The use of Company Logos on recruitment adverts can not be guaranteed
4.2 The Customer acknowledges that the copyright in all artwork and/or materials contributed by the Company in connection with the Advertisement is solely vested in the Company.
All adverts are job board lineage or featured adverts. In the event that specified job boards are unavailable the Company has the right to select alternative job boards at its sole discretion. Special Adverts (Display adverts etc) will be used only if agreed in writing by the Company and at an additional charge. Agreement will be specific to an identified job board.
- Late Advert Copy
If, following an accepted order, the Customer’s advert copy is not received by the specified start date, the Company reserves the right to delay publishing of the relevant Advertisement, without prejudice to the Company’s right to be paid for such advert.
- Cancellations, etc
7.1 The Company reserves the right without giving notice to the Customer:
(1) to refuse or cancel any advertisement without giving any reason therefore;
(2) to make corrections or alterations it considers necessary or desirable in an advertisement (whether to conform it to the style and subject matter or available space or otherwise).
(3) to alter, cancel or postpone publication date(s). In such cases the Company will return any money paid by the Customer in respect of an Advertisement(s) which does not appear.
7.2 At the time a campaign is ordered by the Customer, if the Customer is an advertising agency or media Customer and does not disclose:
(1) the name of its Advertiser client
7.3 Cancellations and transfers can only be accepted if requested by the Customer in writing prior to the advert upload to the job board. In the event of a cancellation prior to advert upload 50% of the total charge is due.
7.4 If the Customer cancels the balance of an order, they relinquish any right to any series discount to which they were previously entitled, and must pay for the relevant Advertisements at the appropriate rate set out in the rate card for the number of Advertisements which have appeared when the cancellation takes effect.
8.1 The Advertiser shall notify the Company in writing of any error in a published Advertisement as soon as practicable and (whenever practicable) prior to the copy date for any subsequent insertion of the same Advertisement.
Without prejudice to Conditions 2 and 3 above the Company acknowledges its responsibilities for errors in published Advertisements where such errors are not attributable to the act or omission of the Customer, provided always that the Company’s liability for any error shall be limited to the refund of its charge for the relevant Advertisement or at the Company’s discretion, the free repeat publication of the relevant Advertisement or an appropriate corrective Advertisement.
- Rates and Payment
Unless the Company agrees otherwise in writing:-
9.1 The price for any The Company Campaign (including any Advertisement published as part of a series) will be the rate card price prevailing at the date of publication.
9.2 Payment is due immediately with the Order Form. Where the Company allows credit it will do so (unless it stipulates otherwise) until 14 days following the date of invoice. Adverts will be withdrawn unless payment is received by the due date. The Customer acknowledges the cost to the Company of the late payment of its invoices and accordingly agrees to pay in respect of any payment not made by the due date the aggregate of:
(1) interest (accruing on a daily basis) on the amount unpaid at the rate of 4 per cent above the base rate for the time being of the HSBC Bank Plc from the due date of payment, both after as well as before any judgement or order.
9.3 Promotions and refunds only apply provided invoices have been paid in accordance with our terms. No exceptions.
9.4 If the vacancy is filled by the customer regardless of method during the period of the The Company campaign no refund applies.
- The Company’s Rights in Advertising Copy
The Company shall (without prejudice to the Customer’s warranties and indemnity in condition 2) have a perpetual royalty-free licence to reproduce the Advertisement in any format and in any medium whatsoever and wheresoever.
- Confidentiality & Data protection
All information relating to a Candidate is confidential and subject to the Data Protection Laws and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the Data Protection Laws in receiving and processing the data at all times. In addition information relating to The Company’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain. CVs generated by The Company are stored in electronic encrypted format on a central database in the cloud.
12.1 These Conditions (which shall be deemed to incorporate the conditions contained in any relevant rate card) and all other express terms of the contract shall be governed and construed in accordance with the Laws of England and submits to the jurisdiction of the English Courts.
12.2 In these Conditions unless the context otherwise requires:-
(1) The following terms shall have the following respect meanings:- “Advertiser” shall mean the person advertising its recruitment. “Advertisement” shall mean the recruitment advert for publication on an online job board(s). “The Customer” shall mean the person placing the order for an Advertisement, whether or not that person is the Advertiser. “The Company” shall mean The Company Recruitment Ltd (The Company) which provides recruitment advertising consultancy services (as defined in Section 736 Company Act 1985) for the time being. “Rate Card” means the Company’s current rate card in respect of the relevant job board including, without limitation, advertising rates and additional conditions concerning copy and cancellation dates, technical and copy specifications and related information.
(2) Reference to an act or omission of the Customer shall include any act or omission of any relevant employee or agent of the Customer.
(3) Reference to any gender shall include reference to any other gender and reference to the singular shall include reference to the plural (and vice versa); and
(4) Reference to any Act of Parliament or Code of Practice shall be deemed to include reference to such Act or Code as amended, updated, re-enacted or replaced from time to time.
12.3 The Company Recruitment Limited acts as agent for the Company in all matters relating to the invoicing and collection of receivables.