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TERMS AND CONDITIONS
1 Definitions

In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:-

Advertisement - Any advertising material supplied by the Client for transmission by the Internet from the website.

Applicant - The person who submitted the CV to Salesvacancies.com and whose details are set out within a CV

Client - The person, firm or company to whom the Services are provided by Salesvacancies.com

Contract - The contract for provision of the Services

CV - The curriculum vitae of an individuals education, training and employment experience which is provided to Salesvacancies.com for distribution to potential employers or their agents.

End Client - The person(s) firm or company to whom the Clients services are provided

Fees - The fees and charges payable by the Client as specified in the Contract

Salesvacancies.com - The domain name owned and used by Pisces DRB Ltd.

Services - The service to be provided by Salesvacancies.com for the Client and referred to in these Conditions, the website registration form and order form.

Lineage Advertisement - Advertisements which contain text only and available online

Order Form - The order form as supplied by Salesvacancies.com

Slot - An Advertising space allocated to the client by Salesvacancies.com to allow publishing of a vacancy profile.

Term - The term of the contract as specified therein

Vacancy Week - A consecutive period of seven days during which an entry or advertisement is made available on the site.

Website - The website on the World Wide Web at Salesvacancies.com

 

2 General

2.1 These Conditions together with the Registration Form and Order Form govern the provision of the Services by Salesvacancies.com and the obligations of Salesvacancies.com and the Client during the period that the Services are supplied to the Client by Salesvacancies.com

2.2 These conditions are deemed to be accepted by the Client upon occurrence of any of the following:

i) Receipt by Salesvacancies of a completed Order Form signed for and on behalf of the Client

ii) Entry into the Contract by signature

iii) By clicking on the accept button

iv) By being allowed access to the CV database on the Website

v) By using the Services.

2.3 No variation of or alteration to these conditions shall be valid unless expressly agreed and confirmed in writing by a director of Pisces DRB Ltd

2.4 Salesvacancies.com may, at its discretion and without notice, report improper or illegal use of CVs or services by the Client to the relevant legal or professional body.

 

3 Advertising & Promotional Services

3.1 Salesvacancies.com shall upon receipt of the fees and acceptance of the proposed Slot content or Advertisement perform the Services on the Website for the term agreed subject to these Conditions.

3.2 Salesvacancies.com shall be entitled at any time without notifying the Client 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.

3.3 Salesvacancies.com will endeavour to make Slots live for Clients within 24 hours (on normal working days) on receipt of payment.

3.4 Slots may only contain details of a single vacancy

3.5 The availability of banner advertisements are entirely at the discretion of Salesvacancies.com and no guarantee is made in relation to the appearance of the Clients banner advertisements at any time.

3.6 Advertisements and logos rely on the provision of appropriate electronic artwork. Salesvacancies.com reserves the right to charge the client a fee at a rate of £100 per hour

3.7 Logos must not exceed 120 x 50 pixels.

3.8 Slots will be live and accessible for 28 days from the date they appear on the Website.

3.9 Any Advertisement or Slot may be cancelled at any time and Salesvacancies will endeavour to remove the Advertisement or Slot within 24 hours of notification. Charges will remain as per the Contract.

 

4 Client's Obligations

4.1 The Client hereby undertakes and warrants to Salesvacancies.com that :

4.1.1 in relation to any Advertisement or Slot entry the Client enters into the Contract as a principal notwithstanding that the Client may be acting directly or indirectly for an end Client.

4.1.2 the reproduction and/or publication of the Advertisement or Slot entry by Salesvacancies.com 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 Salesvacancies.com liable to any proceedings whatsoever.

4.1.3 any information supplied by the Client is accurate, complete and true.

4.1.4 any material or Advertisement or Slot content complies with the requirements of all relevant legislation for the time being in force or applicable thereto in such jurisdiction as the material, Advertisement or Slot shall be made available.

4.1.5 where the Client is an advertising agency it warrants that it is authorized by the End Client to place the Advertisement or Slot and carry out the promotion with Salesvacancies.com, and the Client will indemnify Salesvacancies.com against any claim arising from the publication or promotion thereof.

4.1.6 it will comply in all respects with all statutes, rules, regulations, codes of practice and legal requirements to which the Client is ordinarily subject in respect of its receipt and processing of CVs and related matters.

4.1.7 it will use all CVs supplied pursuant to the Contract for the sole purpose of endeavouring to locate suitable employment on behalf of Applicants.

4.1.8 it will ensure that it is registered under the Data Protection Act 1984(as amended) to the extent that it applies and complies with its obligations under that Act and any other legislation relating to data protection and privacy.

4.1.9 it will indemnify and keep Salesvacancies.com fully and effectually indemnified against costs, claims, damages, loss, expenses and liabilities incurred by Salesvacancies.com arising out of the Clients use of information on CVs and any breach of its obligations under these Conditions and the Contract.

 

5 CVs

5.1 Salesvacancies.com shall allow Clients online access to search the CV database as agreed and set out in the Contract. Such searches are subject to any instructions from the Applicant that his or her details are not be made available to the Client.

5.2 Salesvacancies.com only make available CVs which have been received by it for distribution to agencies for the purposes of securing suitable employment by the Applicants but it makes no warranty as to the availability or suitability of the Applicants.

 

6 Liability

6.1 Salesvacancies.com will not be liable for any loss of copy, artwork, photographs, data or other materials which the Client or Applicant supplies to it.

6.2 Salesvacancies.com accepts no responsibility for any mistakes or errors whatsoever that arise during the publication of any Advertisement, Slot or CV and shall not be liable for any loss of information or data or any damage thereto or for any loss of profit or any direct or indirect, special or consequential loss (except on respect of death or personal injury caused by the negligence of Salesvacancies.com, its employees or agents.)

6.3 Nothing in these Conditions shall render Salesvacancies.com liable for any loss or liability (including without limitation as a result of any server crashing or being out of service, deletion, corruption, loss or removal of data) arising out of the occurrence of any matter outside its reasonable control.

6.4 No liability will be accepted by Salesvacancies.com for any delay, costs, expense, damage, loss, (including without limitation loss of profits or any loss resulting from any software disk or virus) howsoever caused arising from any matter beyond the reasonable control of Salesvacancies.com or from the failure of Salesvacancies.com to provide the Services or out of any inaccurate, ambiguous or misinterpreted information or representation.

6.5 It is for the Client to satisfy itself as to the availability, suitability, standard of skill, integrity and reliability of all applicants whose CVs are provided or accessed via Salesvacancies.com and no liability will be accepted by Salesvacancies.com for any loss or damage whatsoever 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.

 

7 Payment Provisions

7.1 Salesvacancies.com may invoice the Client for the fees for the term upon acceptance of the Advertisement, Slot or promotion prior to commencement of the Services.

7.2 The invoice for the fees shall be payable in full prior to the Advertisement or Slot being published or the promotion being logged onto the website.

7.3 All sums due will be subject to VAT as at the tax date.

7.4 All sums due from the Client which are not paid on the due date shall bear interest at the annual rate of 4% over the prevailing base rate of HSBC plc., such interest shall accrue from the due date until payment is made in full.

 

8 Indemnity

8.1 The Client hereby undertakes to Salesvacancies.com that it will, without prejudice to any other right of action which Salesvacancies.com may have, at all times keep Salesvacancies.com 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 expenses on a full indemnity basis) which Salesvacancies.com may incur as a result of any Advertisement, Slot or promotion, or by reason of breach or non-fulfilment of any of the Clients obligations in respect of these Conditions and the Contract.

 

9 General

9.1 The client shall not be entitled to assign the Contract nor any or all of its rights and obligations thereunder.

9.2 If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision which shall remain in full force and effect.

9.3 These Conditions and the Contract are the entire agreement between the Client and Salesvacancies.com in respect of the Services.

9.4 Any waiver by Salesvacancies.com shall not be considered as a waiver of any subsequent breach of the same or any other promise and any delay shall not operate as a waiver by Salesvacancies.com

 

10 Law

10.1 These conditions are governed by English law and the client hereby submits to the exclusive jurisdiction of the English courts.

This edition replaces all previous editions of these Conditions.

June 2000

 

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