CivvyJobs.com - Terms & Conditions
(2) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website (the “Material”). Subject to the licence below, all these intellectual property rights are reserved.
(3) Licence to use Website
You may view, download for caching purposes only, and print the Material; providing that you must not:
(a) republish Material (including republication on another website);
(b) reproduce or store Material in any public or private electronic retrieval system (save for the purpose of caching); or
(c) reproduce, adapt, rent, sell or distribute the Material for a commercial purpose without our express written consent.
Subject to the Acceptable Use restrictions, users who register with the Website may also edit their profile and preferences, and may post their CV to the Website (the “Services”).
Notwithstanding anything else in these Terms, we reserve the right to restrict access to any area of the Website, or indeed our whole Website, at our discretion.
In respect of all material that you post on the Website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
(4) Limitations of liability
The Material and Services are provided free-of-charge; some of the Material originates with other Website users; in the circumstances, you acknowledge that it would be unreasonable to hold us liable in respect of the Website, the Material and the Services.
Whilst we endeavour to ensure that the information on the Website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the Website remains available or that the Material is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) relating to the Website, the Material and the Services.
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these Terms or in connection with the Website whether arising in tort, contract, or otherwise. Nor shall we be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under these Terms or in connection with the Website whether arising in tort, contract, or otherwise.
However, nothing in these Terms shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Your account
If we provide you with a login ID and password to enable you to access restricted areas of the Website or restricted Material or Services, you must ensure that that password is kept confidential. You accept responsibility for all activities that occur under your login ID. We may disable your login ID and password at our sole discretion.
(6) Acceptable Use
The requirements set out below are the “Acceptable Use” requirements referred to elsewhere in these Terms.
You must not use the Website or the Services in any way that causes, or may cause, damage to the Website or any Service or impairment of the availability or accessibility of the Website or any Service.
You must not use the Website or any Service in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website or any Service to copy, publish or send mass mailings or spam.
You must not use the Website or any Service to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English law or other applicable law. All material you post on the Website or copy, publish or send via the Website or any Service must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, such material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
We reserve the right to edit or remove any material posted upon the Website.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to the Website and/or any of the services on the Website, or commencing legal proceedings against you.
You shall indemnify and keep us indemnified against any losses, damages, costs or expenses we suffer or incur arising out of any breach by you of the Acceptable Use requirements.
(8) Trade marks
Registered and unregistered trade marks or service marks cited on the Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
We may revise these Terms from time-to-time. Please check this page regularly to ensure you are familiar with the current version. Obsolete versions of these Terms will not remain available on the Website and we do not undertake to retain or supply copies of obsolete Terms; we therefore recommend that you print and keep a copy of these Terms for future reference.
(10) Third party rights
These Terms are for the benefit of you and us, and the Terms are not intended to benefit, or be enforceable by, any other person. Our and your rights to terminate, rescind, or agree any amendments, variations, waivers or settlements under these Terms are not subject to the consent of any other person.
(12) Entire agreement
(13) Law and jurisdiction
These Terms will be governed by and construed in accordance with English law, and any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England.
These Terms are only available in the English language.
This agreement contains the terms governing registered employers' and employment agencies' use of the premium features on our website.
We will not file a copy of this agreement in relation to each advertiser which registers with our website. If you register with us, please print and a retain a copy of this agreement.
If you make any error during the process of completing our registration form (or making an order for services) you should notify us by email to email@example.com. We will correct any error notified to us before the agreement (or order for services) becomes legally binding.
1. Definitions and interpretation
1.1 In this Agreement:
‘Advertiser’ means the employer or employment agency identified as such in the Registration Form;
‘Adverts’ means job advertisements submitted by the Advertiser to Civvyjobs.com for publication on the Website, including any hyperlinks incorporated into the Advert;
‘Agreement’ means this agreement;
‘Business Day’ means any week day other than a public holiday in England;
‘Charges’ means the amount or amounts payable by the Advertiser under a Plan or otherwise in consideration for the provision of Services, as specified on the Website from time to time;
‘Database’ means the database of specialists held Civvyjobs.com, which may be accessible via the Website in accordance with a Plan;
‘Featured Advertiser Status’ means the provision by Civvyjobs.com of certain services to the Advertiser in accordance with a Plan (which may include the positioning of the Advertiser's Logo on the Website homepage);
‘Force Majeure Event’ means any event which is beyond the reasonable control of the affected party (including without limitation failures of or problems with the internet or a part of the internet, failures of Civvyjobs.com’s internet service provider or web host, power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars);
‘Homepage’ means an Advertiser homepage hosted on the Website;
‘Inappropriate Content’ has the meaning given to it in Clause 5.2;
‘Intellectual Property Rights’ means patents, trade marks, rights in designs, copyright, database rights, inventions, trade secrets, know-how, confidential information and all other intellectual property rights and rights of a similar character in any part of the world (whether or not the same are registered or capable of registration) and all applications and rights to apply for protection of any of the same;
‘Logo’ means a registered or unregistered trade mark submitted by the Advertiser for publication on the Website, whether as part of a Homepage, in relation to Featured Advertiser Status, or otherwise;
‘Plan’ means a package of Services offered by Civvyjobs.com via the Website from time to time, whether in consideration of the payment of Charges or on a without-charge basis;
‘Registration Form’ means the advertiser registration form on the Website by which the Advertiser indicates its acceptance of the terms this Agreement;
‘Services’ means the services to be provided by Civvyjobs.com to the Advertiser in accordance with a Plan and under this Agreement; and
1.2 Clause headings will be ignored in the interpretation of this Agreement; references to Clauses mean the clauses of this Agreement.
1.3 A reference to a particular law in this Agreement is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
2. Term of Agreement
2.1 This Agreement will come into force when Civvyjobs.com sends to the Advertiser a email confirming that Civvyjobs.com agrees to enter into this Agreement with the Advertiser, following the Advertiser's submission of a completed Registration Form.
2.2 This Agreement will continue indefinitely, unless and until terminated by either party in accordance with the provisions of Clause 10.
3. Plans, Services and Adverts
3.1 From time to time during the term of this Agreement, the Advertiser may order a Plan via the Website and, where Civvyjobs.com accepts the Advertiser's order for a Plan by sending a confirmation email to the Advertiser, GJS shall make available the Services to the Advertiser for the period specified on the Website in relation to the Plan, subject always to the payment of any applicable Charges and the other terms of this Agreement.
3.2 The Services available to the Advertiser under a Plan will be specified on the Website and may consist of some or all of the following services:
(a) the ability to post one or more Adverts on the Website;
(b) access to the Database via the Website;
(c) Featured Advertiser Status;
(d) a Homepage; and/or
(e) any other services set out on the Website from time to time.
3.3 Where applicable, the Advertiser grants to Civvyjobs.com a non-exclusive, worldwide, royalty-free licence to publish Adverts, Logos and/or the Homepage content on the Website as contemplated by this Agreement.
3.4 The Advertiser undertakes:
(a) to ensure that all Adverts published through the Services constitute an accurate and fair advertisement for a bona fide job; and
(b) promptly to remove an Advert if the job which is advertised in the Advert becomes unavailable for any reason.
3.5 The Advertiser will not access or attempt to access the Database, save in accordance with a Plan and for the sole purpose of seeking candidates to fill bona fide jobs; and the Advertiser will treat the information in the Database as confidential, and will not copy any information from the Database or record or retain any information from the Database or disclose to any third party any information from the Database.
3.6 Civvyjobs.com will endeavour to maintain the availability of the Website, and the availability of the Services, but does not guarantee 24/7 availability.
4. Charges and payment
4.1 Charges in respect of a Plan must be paid to Civvyjobs.com by the Advertiser in Pounds Sterling either:
(a) in advance of the provision of the Services under that Plan, via Paypal; or
(b) in arrears following the commencement of the Services under that Plan, in accordance with an invoice issued by Civvyjobs.com.
4.2 Where Civvyjobs.com issues an invoice to the Advertiser in accordance with Clause 4.1(b), the Advertiser will pay that invoice within 7 days of the date of the invoice.
4.3 If the Advertiser fails to pay any monies to Civvyjobs.com upon the same falling due for payment, it will pay to Civvyjobs.com interest upon the relevant sum (as well after as before judgment) calculated at a rate equal to 4% above the base rate from time to time declared by HSBC Bank PLC from the date upon which the same fell due for payment until the date when payment is actually made.
4.4 Without prejudice to Civvyjobs.com’s rights under Clause 10.3, if the Advertiser is in breach of its obligations in this Clause 4, Civvyjobs.com may in its absolute discretion suspend any or all Services under any or all Plans pending receipt of payment of the Charges.
5. Advertiser's warranties
5.1 The Advertiser warrants to Civvyjobs.com that it has full power and authority to enter into and perform this Agreement.
5.2 The Advertiser warrants that each Advert and any Homepage and Logos will not consist of, contain, or link to any Inappropriate Content, being:
(a) any advertisement for anything other than a bona fide job in the fields covered by the Website; or
(b) any pornographic or lewd material; or
(c) any material which infringes any applicable laws, regulations, codes or third party rights in any jurisdiction (including, without limitation, material which is obscene, indecent, seditious, offensive, defamatory, threatening, liable to incite racial or religious hatred, menacing, blasphemous, contrary to the CAP Code or in breach of any third party Intellectual Property Rights); or
(d) any material which is likely to cause offence, annoyance, inconvenience or anxiety to another internet user, or which is untruthful, misleading or deceptive.
5.3 Civvyjobs.com reserves the right to suspend or remove any Advert or Homepage or Logo from the Website at any time where it reasonably determines that the Advert or Homepage or Logo consists of, contains, or links to any Inappropriate Content, in which case the Advertiser shall be deemed to be in material breach of this Agreement and Clause 10.2 shall apply.
6. Civvyjobs.com's warranties
6.1 Civvyjobs.com warrants to the Advertiser that it has full power and authority to enter into and perform this Agreement.
6.2 Civvyjobs.com warrants to the Advertiser that it will perform the Services with reasonable care and skill.
6.3 This Agreement sets out the full extent of Civvyjobs.com’s obligations and liabilities in respect of its subject matter. Subject to Clause 8.1, all conditions, warranties or other terms concerning its subject matter which might otherwise be implied into this Agreement are expressly excluded.
The Advertiser will indemnify Civvyjobs.com and keep Civvyjobs.com indemnified against any loss, damage, expense, cost or liability incurred or suffered by Civvyjobs.com arising out of any breach by the Advertiser of any term of this Agreement, or arising out of any claim that the Advertiser has breached any term of this Agreement.
8. Limitations of liability
8.1 Nothing in this Agreement shall operate to exclude or limit either party’s liability for:
(a) death or personal injury caused by its negligence;
(b) its fraud; or
(c) any other liability which cannot be excluded or limited under applicable law.
8.2 Subject to Clause 8.1:
(a) Civvyjobs.com will not be liable to the Advertiser for any loss of profit, anticipated profits, revenues, anticipated savings, data, goodwill or business opportunity, or for any indirect or consequential loss or damage;
(b) Civvyjobs.com will not be liable to the Advertiser for any losses arising out of a Force Majeure Event;
(c) Civvyjobs.com’s aggregate liability in respect of claims based on events in any calendar year, will in no circumstances exceed the total Charges paid (or, if greater, payable) by the Advertiser in the relevant calendar year; and
(d) for the avoidance of doubt, Civvyjobs.com will not be liable for any failure to provide the Services caused by any act, omission or delay of the Advertiser.
8.3 The Advertiser acknowledges that the limitations of liability contained in this Clause 8 are reasonable and reflected in the Charges and has agreed to either to accept risk or insure as the case may be.
9. Force majeure
9.1 Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.
9.2 A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and will inform the other of the period for which it is estimated that such failure or delay will continue.
9.3 The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.
10. Termination and consequences
10.1 Either party may terminate this Agreement at any time by giving to the other written notice of termination.
10.2 Either party may terminate this Agreement immediately at any time by written notice to the other party if:
(a) that other party commits any material breach of its obligations under this Agreement; or
(b) that other party ceases to trade (either in whole, or as to any part or division involved in the performance of this Agreement); or
(c) that other party becomes insolvent or unable to pay its debts within the meaning of the insolvency legislation applicable to that party; or
(d) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of the business or assets of that other party, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; or
(e) the ability of that other party’s creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that party’s creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(f) any process is initiated which could lead to that other party being dissolved and its assets being distributed to its creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction); or
(g) that other party (being an individual) dies, becomes incapable of managing his or her own affairs by reason of mental or physical illness or incapacity, becomes a patient under any mental health legislation, or is the subject of a bankruptcy petition or order.
10.3 Civvyjobs.com may terminate this Agreement immediately at any time by written notice to the Advertiser if the Advertiser fails to make any payment of the Charges by the due date for payment.
10.4 On termination of this Agreement by Civvyjobs.com pursuant to Clause 10.1, or by the Advertiser pursuant to Clause 10.2:
(a) the Advertiser will be entitled to a (pro-rated) refund of any element(s) of the Charges paid to Civvyjobs.com in respect of the provision of Services during any period after the date of effective termination of this Agreement (which Civvyjobs.com will calculate the amount of such refund using any reasonable methodology); and
(b) the Advertiser will be released from any obligation to pay such element(s) of the Charges.
10.5 Save as provided in Clauses 10.4, the Advertiser will not be entitled to a refund of any the Charges on termination of this Agreement or otherwise, and will not be released from any obligation to pay Charges to Civvyjobs.com.
10.6 Termination of this Agreement will not affect:
(a) the accrued rights and obligations of the parties at the date of termination; or
(b) the continued existence and validity of the rights and obligations of the parties under Clauses 1, 5, 7, 8, 10.4 to 10.7 and 11.
10.7 For the avoidance of doubt, upon termination of this Agreement, the Advertiser's right to enjoy the Services shall immediately cease, and Civvyjobs.com may delete any Adverts and Logos and Homepage (and any other data associated with the Advertiser) from the Website without further notice.
11.1 No time or other indulgence granted by any party to any other party will constitute any waiver of any right or remedy.
11.2 No variation of this Agreement shall be effective unless in writing and agreed to in writing by both of the parties.
11.3 Civvyjobs.com may assign or transfer any of its rights or obligations under this Agreement to any affiliate or to any successor to all or a substantial part of its business from time to time. Save as aforesaid, neither party may assign or transfer any of its rights or obligations under this Agreement, in whole or in part, without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.
11.4 Any notice or other communication required under this Agreement shall be in writing and may be sent by post, fax or email to the address, fax number or email address notified by the receiving party to the sending party from time to time.
11.5 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
11.6 Subject to Clause 8.1, this Agreement set out the entire agreement and understanding between the parties relating to the subject matter of this agreement and supersedes all prior agreements, understandings or arrangements.
11.7 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
11.8 This Agreement shall be governed and construed in accordance with the laws of England and Wales, and the parties hereby submit to the exclusive jurisdiction of the English courts to resolve any disputes arising under or in relation to this Agreement.
11.9 This Agreement is available in the English language only.