FOR RECRUITERS

Terms and conditions of business for recruiters

Terms and conditions update (23 June, 2005)

www.JOBJOURNEYScotland.co.uk (JOBJOURNEYScotland) is a part of Totaljobs Group Ltd

About Us

General

In these terms and conditions:

1. 'Customer' means any person, company, organisation or firm which purchases Services from us;
2. 'Order Form' means an order for Services on a form provided by us (in any format) and signed by a Customer;
3. 'Services' means all recruitment products and services made available by us from time to time;
4. 'Contract Month' means, in respect of any Order Form relating to the provision of Services for a specified period of months, the calendar month commencing on the start date specified in the Order Form and ending on the day before the same date in the next calendar month. For example, the calendar month commencing on 24 February and ending 23 March;
5. 'Contract Term' means the full term specified in the Order Form.

Commencement of services

We will not commence the provision of Services pursuant to any Order Form until the Order Form has been returned to us, in a form approved by us and signed by the Customer.

Prices

Prices are guaranteed for the period stated on the Order Form. Prices are confidential and may not be disclosed by the Customer.

A job posted on JOBJOURNEYScotland will remain live for 28 days for Direct customers, and 7 days for recruitment consultancy customers, or such shorter time as we agree with the Customer. Any extension of this time will be charged to the Customer as a new posting. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price per job agreed with the customer at the time of the contract negotiation. If no price has been negotiated, a flat fee of 250 per job will be charged for each job over the agreed number. A single job is identified by its unique ID number. If a customer deletes a job and then either reposts it or posts another, this will be classed as two jobs.

If any Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without our prior written consent. The Customer will be responsible for payment for any unused Services.

Payments

All prices exclude VAT. All invoices are payable within 28 days from invoice date. Late payment will entitle us to suspend provision of Services. Interest will be payable on late payments at the rate of 3% above National Westminster Bank plc's base rate from time to time.

Termination

The Customer may terminate the provision of Services under any Order Form by no less than 30 days notice to expire at the end of a Contract Month. Termination by the Customer before the end of the Contract Term may, at our discretion, result in loss of discounts agreed for the entire Contract Term.

We may terminate the provision of Services if:

1. the Customer is in material breach of these terms and conditions and has not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied, or:
2. the Customer becomes insolvent, ceases to trade or goes into liquidation.

Limitation of liability

Our total liability to the Customer in respect of any Services, except for death or personal injury caused by our negligence, is limited to the total amount paid to us during the Contract Term for such Services or 10,000, whichever is the greater.

Job Advertising

Job adverts go live after payment confirmation on JOBJOURNEYScotland during the following times based on 24 hour clock UK time;

You will be notified by email when your job adverts have gone live on JOBJOURNEYScotland.

Employment agencies and employment businesses

If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act')) it is your responsibility to ensure that advertisements you place on JOBJOURNEYScotland comply with your obligations under the Act and Conduct of Employment Agencies and Employment Businesses Regulations 2004. You agree to comply with the Act and these regulations as they affect the conduct of your business and the advertisements you place on JOBJOURNEYScotland.

Site rules

We have rules regarding the content and format of jobs posted on JOBJOURNEYScotland. Their purpose is to ensure that users who search the site or the JOBJOURNEYScotland database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from JOBJOURNEYScotland any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.

The Rules are:

1. No duplicating of jobs at the expense of other clients' jobs.
2. No gratuitous use of keywords in job descriptions or job titles. Gratuitous means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
3. Job advertisements placed on JOBJOURNEYScotland must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.
4. URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and url linking is permitted from the 'apply online' link.

Illegal advertisements

Advertisements which appear to discriminate on grounds of sex, age, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. If we believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from JOBJOURNEYScotland without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.

Responses to advertisements

You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring JOBJOURNEYScotland into disrepute. You will indemnify us from and against any claim brought by an individual against JOBJOURNEYScotland arising from your breach of this obligation or any other of these terms and conditions.

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

Equipment

It is your responsibility to ensure that you have the appropriate equipment and are connected to the appropriate services to enable you to post jobs to JOBJOURNEYScotland.

Content and links

If your advertisement links to another site via our external apply online option, you are responsible for maintaining the links and for the content of your advertisement and the linked site. We may remove from JOBJOURNEYScotland any advertisement which contains content or links to a site which, in our opinion, is defamatory, illegal or objectionable or will bring JOBJOURNEYScotland into disrepute. You will indemnify us from and against any claims or liability arising from content or links contained in your advertisements.

Third party sites

Vacancies you post on JOBJOURNEYScotland may also appear on third party recruitment web sites pursuant to agreements from time to time between JOBJOURNEYScotland and the proprietors of such web sites.

Browser and operating system policy

JOBJOURNEYScotland endeavours to support as many users as possible, but it has become necessary to cease supporting some browser versions. If your browser is not supported, you may still be able to access our site, but you may encounter some display problems.

*Internet Explorer

JOBJOURNEYScotland also requires users of recruiter services to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in their browser.

Use of candidate database

Employment Agencies and employment businesses

If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act')) it is your responsibility to ensure that the use you make of information from our candidate database complies with your obligations under the Act and the various regulations made under it, together with any applicable guidelines. These regulations are currently contained in the Conduct of Employment Agencies and Employment Businesses Regulations 2004. You agree to comply with the Act and these regulations as they affect the conduct of your business and the use you make of information on our candidate database.

Rights in the database

Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to Totaljobs Group Limited. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.

Use of the database

The material you are entitled to receive from the candidate database is determined by the product you have purchased from us. On receipt of this material you may:

1. Use, search or download it to your database using the Candidate Search back Construction interface and its associated functions for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill.
2. Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through JOBJOURNEYScotland depending on the product you have purchased) in relation to a specific job vacancy.
3. Use the information only in connection with your own recruitment-related activities.

You may NOT:

1. Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.
2. Download the database through any automated (e.g. "scraping") process.
3. Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies. You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.

Deletion of database material

You agree to delete all material from the candidate database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first.

Dealing with candidates

You agree to deal fairly and professionally with individuals you may contact using information from the candidate database and not do anything which may bring JOBJOURNEYScotland into disrepute. You will indemnify JOBJOURNEYScotland from and against any claim brought by an individual against JOBJOURNEYScotland arising from your breach of this obligation or any other of these terms and conditions.

Passwords

Passwords are for the sole use of the person to whom they are issued. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is breaching these terms and conditions.

Online advertising

1. These terms and conditions apply to all advertising material ('Campaigns') accepted by Totaljobs Group Limited for display on any of our web sites. By placing a Campaign you accept these terms and conditions as principal, even if you are acting as agent or buyer for the actual advertiser.
2. We must receive the complete creative content for a Campaign in acceptable format at least two working days before 9 am on the go- live date specified in your order. Otherwise, we may not be able to achieve the specified go-live date but you must pay the full amount set out in the order irrespective of whether any delivery target for impressions have been met.
3. To cancel or alter your order you must inform us, by fax or email at the number or address on the order, at least two working days before 9 am on the go- live date specified in your order. Otherwise you must pay the full amount set out in the order, irrespective of whether any delivery targets for impressions have been met.
4. You are responsible for the content of the Campaign and for ensuring that it complies with all relevant legislation and codes of practice. If we receive complaints about the content or the Campaign we may, at our discretion, remove the Campaign from display without reference or liability to you. You will indemnify us against any claim that the Campaign or its content infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive. 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 JOBJOURNEYScotland comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2004.
5. You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which the Campaign relates and you will indemnify and hold us harmless accordingly.
6. Where a Campaign is sold on a cpm basis, we will provide you with a password to enable you to monitor the number of impressions served in lieu of any other right of audit. You will not use the password, or the system to which it gives you access, for any other purpose.
7. Your sole remedy if we, or our third party subcontractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign is the cost of re-running the relevant Campaign. Neither we nor our subcontractors shall be liable in any circumstances for any loss of profit or business. We shall, additionally, have no liability for failure to display the Campaign caused by circumstances outside our control.