Client Agreement Form
The following expressions shall have the following meanings (unless the context otherwise requires):
- "Jobit.com" means the URL www.Jobit.com and the legal entity "Jobit.com Ltd"
- "Web Site" means the Web Site with Uniform Resource Locator ("URL")
- "Web Site Application" means Jobit.com software as made available from time to time by Jobit.com to members on the Web Site.
- "Jobit.com Software" means the Web Site Application and any other software forming part of or accessible through the Web Site.
- "Jobit" means Jobit.com Limited.
- "Jobit.com" means Jobit.com Limited.
- "Jobit.com Ltd " means Jobit.com Limited, with registered offices located at Church Road Studios, 56-62 Church Road, London E12 6AF
- "Communication Services" means any e-mail services, job posting services, account sections, agency directory, and/or other message or communication facilities designed to enable you to communicate with others available through Jobit.com.
- "Member" means the person identified as the person using and/or registered with the Jobit.com Web Site which includes any organisation and/or individual including employers, recruitment consultancies, employment agencies and advertising agencies which use and/or purchase Jobit.com services and/or products and/or use or have used the Jobit.com Web Site to search for jobs or post jobs, either directly or on behalf of a third party and/or places or has placed job postings on the Jobit.com Web Site.
- "Posting" means the employment vacancy postings created by the member for publication on the Web Site.
- "Corporate Profile" means the members corporate profile created and supplied by the member for publication on the directory listing on the Web Site.
- "Candidate" means the person to whom the details within a CV refer.
- "Term" means the period set out in the client agreement form during which the member can post vacancies on the Jobit.com Web Site.
- "Fees" means the charges for any services provided by Jobit.com.
- "Linked Sites" means hyperlinks to external websites that may or may not form part of the Forgroup.com service range.
In consideration of mutual undertakings and promises contained in this Agreement, the parties hereby agree as follows:
MEMBER ACCOUNT, PASSWORD, AND SECURITY
The member must complete the registration process by providing Jobit.com with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Jobit.com immediately of any unauthorized use of your account or any other breach of security. Jobit.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Jobit.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Jobit.com reserves the right to change the terms, conditions, and notices under which services are offered, including but not limited to the fees associated with the use of the services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Jobit.com services constitutes your agreement to all such terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the Jobit.com site and services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Jobit.com shall not be responsible or liable for any part of any such dealings or promotions.
POSTINGS TO THIRD PARTY WEBSITES
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Jobit.com site, you will not use the Jobit.com web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Jobit.com in any manner which could damage, disable, overburden, or impair any Jobit.com (or the network(s) connected to any Jobit.com ) or interfere with any other party's use of Jobit.com. This includes but does not limit the use of any automated scripts to collect & transmit information to and from the Jobit.com website and/or third parties.
The member shall in all respects comply with all statues, byelaws, codes of practice & legal requirements to which the member is ordinarily subject to.
INTELLECTUAL PROPERTY AND COPYRIGHT
The entire copyright, database rights and any other intellectual property rights in the site (including the Jobit.com software and all other software or services on the site) worldwide and all rights in the site domain, the name "Jobit.com" and all other material of Jobit.com and "Jobit.com Ltd" shall be and shall remain the exclusive property of Jobit.com Ltd or its licensors. Other than the rights expressly granted in this Agreement, the member obtains no rights in the site. All content included on the site, such as text, graphics, logos, button icons, images, video, audio clips is the property of Jobit.com or it's contents suppliers and protected by U.K. and International copyright laws. All content on this site is the exclusive property of the Jobit.com and protected by U.K. and international copyright laws.
All software on this site is the property of the Jobit.com Limited or it's software suppliers and protected by U.K. and International copyright laws. Any other use, including the reproduction, display or performance of the content on this site is strictly prohibited. The member will supply and authorise use of digital image, to the member’s requirements of their corporate logo for the sole purpose of branding the member’s advertised vacancies. Member’s wishing to have their corporate details made available within the directories will supply and authorise the use of all materials.
JOB POSTINGS AND CORPORATE PROFILE
The member represents, warrants and undertakes that each posting and the corporate profile:
(a) Will not contain obscene or indecent or other unlawful material;
(b) Will not contain materials which infringe the copyright, trademark rights, moral rights or any other intellectual property rights of any third party;
(c) Will comply will all applicable legislation in the UK and in any other country to which the posting is targeted relating to employment including without limit legislation regarding unlawful discrimination on the grounds of sex, racial or disability discrimination;
(d) Will not contain any defamatory material;
(e) Will not contain any virus, programming script, tags and/or source code of any type. It must contain only description text related to the job posting;
(f) Will not contain any other material which is likely to harm the reputation of Jobit.com.
If in Jobit.com’s reasonable opinion any posting or corporate profile is likely to infringe any of the warranties and representations, then Jobit.com may (without prejudice to its other rights and remedies) remove or alter that posting and (as the case may be) the corporate profile.
The member shall indemnify and keep fully indemnified Jobit.com from and against all actions proceedings claims demands costs (including without prejudice to the generality of this provision the legal costs of Jobit.com) awards and damages arising directly or indirectly as a result of any claim which, taking the claimants allegations to be true, would result of points (a) to (f) above.
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Upload files that contain scripts, viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users/agencies of the Jobit.com site and services, or other user or usage information or any portion thereof.
Jobit.com has no obligation to monitor the Communication Services. However, Jobit.com reserves the right to review and analyse materials posted to a Communication Service and to remove any materials in its sole discretion. Jobit.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Jobit.com reserves the right at all times to disclose any information as Jobit.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Jobit.com’s sole discretion.
Jobit.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Jobit.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Use of Jobit.com as described in this agreement is granted solely to the member. The member may use such information directly or indirectly derived from Jobit.com only for hiring purposes for providing active recruitment and replacement services and for general human resources purposes. The member shall not use information directly or indirectly derived from the Jobit.com for any other purpose. The member shall not distribute, disclose, transfer or sell any information directly or indirectly derived from the Jobit.com to third parties except for the use as set forth in this agreement. The member shall not use information directly or indirectly derived from the Jobit.com site and services to provide services in competition with or substantially similar to the services provided by the Jobit.com.
This Agreement shall commence on the registration date of signing up to Jobit.com and subject to termination shall be ongoing until any cancellation of service.
On termination, any posting that has not been withdrawn by the member or has been posted for the posting period shall remain on the web site until expiry of the posting period or withdrawal by the member whichever is the earlier.
If on termination of this agreement (for any reason), the member has not posted the number of postings then there will be no obligation on Jobit.com to extend the term or to refund any part of the fees.
Credits are assigned solely to the member and cannot be re-assigned or subcontracted to other members or users.
The initial three month period and/or 1000 credits (whichever expires first) is provided as an introductory offer. From then on members can purchase further credits for the applicable fee. Members are under no obligation to purchase any further credits.
From time to time Jobit.com may issue additional promotional credits as a loyalty scheme or goodwill to existing members.
TERMINATION AND CANCELLATION OF AGREEMENT
Either party may cancel, this agreement with one months notice in writing. The member must send written notice by recorded deliver to Jobit.com Limited at the address; Church Road Studios, 56-62 Church Road, London, E12 6AF.
If the member breaches the terms and conditions, Jobit.com may at any time terminate the agreement with immediate effect and then give written notice of this to the member.
Furthermore, Jobit.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this web site and immediate termination of your registration with or ability to access the web site and/or any other service provided to you by Jobit.com, upon any breach by you of these Terms and Conditions or if Jobit.com is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the web site.
Upon cancellation or termination of the agreement by either party, the full amount owing to Jobit.com by the member in respect of services up to the cancellation or termination shall become payable and due with immediate effect.
SPAM POLICY AND DAMAGES
Jobit.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Jobit.com liquidated damages of £10 (British Sterling) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account and/or use of service, otherwise you agree to pay Jobit.com’s actual damages, to the extent such actual damages can be reasonably calculated.
SERVICE LEVEL AGREEMENT
Jobit.com shall do it’s utmost to make vacancy postings available immediately when posted by the member. Jobit.com shall not be liable for any delay or failure to perform any of its obligations under this Agreement if such delay or failure is due to any cause beyond its reasonable control including without limit any technical reason preventing the publication of the postings whether caused by internal failure or third party.
Jobit.com is not responsible for the failure, accuracy and quality of job posting, quality duplication of postings, and/or incorrect postings from third party intermediaries who are authorised by the member to post jobs to Jobit.com on their behalf. On the event of any disputes regarding job postings Jobit.com will under it’s own discretion review each situation on an individual basis.
The service will be accessible 24hours a day, 365 days a year (366 days in leap year) but the member acknowledges that Jobit.com will take the service offline for short periods from time to time to enable the completing of maintenance and the service may otherwise, from time to time, be unavailable due to technical problems whether caused by internal failure or third party.
The member shall pay the fees of Jobit.com as agreed between the member and Jobit.com. All up to date fees are listed on the Jobit.com website reference page www.Jobit.com/client_fees.html.
Jobit.com will invoice the member for payment in respect of services plus VAT as required by Law. The member agrees to settle fees within the agreed terms. Fees and Invoices are payable by the member at the time of making transaction. If Jobit.com does not receive payment within 14 days it reserves the right to suspend any services to be supplied to the member and to charge interest on all overdue amounts at the rate of 5% above the prevailing rate of Barclays Bank PLC per annum, calculated from the date of the invoice.
The member acknowledges that Jobit.com makes no assessment of the suitability of the candidate. It is the sole responsibility of the member to satisfy itself as to the suitability, standard of skill, integrity and reliability of the candidate as well as the completeness of information provided.
This Agreement constitutes the entire agreement between the member and Jobit.com. No addition to or modification of this Agreement shall be effective unless it is in writing and signed by a duly authorised representative of both the member and Jobit.com.
These terms shall take immediate effect in substitution of all previous terms written, oral or implied between Jobit.com and the member.
The member shall submit signed agreement forms by a duly appointed authorised representative on behalf of the member.
JOINT VENTURES AND PARTNERSHIP
Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture between the member and Jobit.com or the relationship of principal and agent between the member and Jobit.com.
If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, that provision or part shall to that extent be deemed not to form part of this Agreement. However, the validity and enforceability of the remainder of this Agreement shall not be affected.
ASSIGNMENT AND SUB-CONTRACTING
The member may not assign the whole or any part of its rights or obligations under this Agreement without the prior written consent of Jobit.com. Jobit.com may assign or sub-contract the whole or any part of its rights or obligations under this Agreement without restrictions.
Jobit.com will never wilfully disclose individual identifiable information about you, your employees or your organisation without first receiving your permission.
Other companies that place advertising on Jobit.com may collect information about you when you view or click on their advertising or contents. Jobit.com does not control this collection of information and you should contact these advertisers or content providers directly if you have any questions about their use of this information.
At all times you have total control over the accuracy of the personally identifiable information that you provide to Jobit.com. If you have provided personal information to Jobit.com which has been forwarded to a third party website, Jobit.com is not able to correct or update your personal information in this instance, although we are able to correct or update your personal information before forwarding it to further third party websites.
Jobit.com reserves the right to use and track host computer information, ip addresses and domains when you connect and use services for the purpose of security and statistics. The member agrees that when using the communication services, Jobit.com may pass on such details in the transmission of the data for security reasons and tracking purposes.
THE MEMBER WILL INDEMNIFY AND HOLD JOBIT.COM (JOBIT.COM LIMITED, IT’S DIRECTORS, OFFICERS, EMPLOYERS, AGENTS AND REPRESENTATIVES) HARMLESS FOR (A) ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING LEGAL FEES) AGAINST JOBIT.COMARISING OUT OF ANY USE OF THIS SITE, SERVICES OFFERED IN THIS SITE, THIRD PARTY SITE, OR RELATED GOODS OR SERVICES; (B) ANY BREACH OF THE TERMS; (C) ANY UPLOADING, DOWNLOADING, OR REPRODUCTION OF ANY CONTENT OR DATA FROM THE SITE OR ANY THIRD PARTY SITE OR ANY OTHER ONLINE SERVICE.
THE MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ITS USE OF THIS SITE IS DONE AT THE MEMBERS OWN RISK. THE SITE AND ALL SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND JOBIT.COM (JOBIT.COM LIMITED) AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER JOBIT.COM NOR ITS LICENSORS WARRANT THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. FURTHERMORE, NEITHER JOBIT.COM NOR ITS SUPPLIERS OR LICENSORS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE, AND SERVICES, THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SERVICES OR GOODS OBTAINED THROUGH USE OF THE SITE, SERVICES, OR THE SECURITY OF ANY DATA TRANSMITTED THROUGH THE SITE OR SERVICES.
LAW AND JURISDICTION
This agreement is governed by and construed in accordance with laws of the United Kingdom and the member and Jobit.com (Jobit.com Limited) submit to jurisdiction of its courts.