Terms and conditions
1. TERMS AND CONDITIONS
These Terms and Conditions form part of the Agreement between the Customer and Trinity Mirror Regionals Limited, Registered Number 3890736 ("Fish4jobs", We", "Us", "Our") and apply to the Customer's use of Websites owned and managed by Trinity Mirror Regionals Limited (the "Sites") and the online recruitment and information services offered through the Sites ("the Service"). By accessing or using the Service, the Customer accepts these Terms and Conditions.
'Agreement' means these Terms and Conditions and the services outlined in the Customer Activation Form.
'Candidate' means an individual jobseeker, seeking to obtain employment using the Sites.
'Contract Term' means the duration of contract, expressed in weeks, as detailed on the Customer Activation Form.
'Subscription Service' detailed on the Customer Activation Form means that the Contract Term will automatically renew at each expiry date for a further Contract Term unless the Customer cancels in accordance with clause 3.
'Customer' means any person, organisation or company which purchases the service and accesses the Service via a user name and password.
'Customer Activation Form' means the form which the Customer signs in order to obtain the Service.
'Data Protection Laws and Regulations' means all laws and regulations of the European Union and the European Economic Area regarding processing of personal data as defined in the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of data (or any successor legislation) and any laws or regulations regarding protection of individuals with regard to the processing of personal data applicable in the jurisdiction in which Customer is operating.
'Job Listing' means an advertising position on the Websites into which Job Ads are inserted and made available to Candidates through search and promotion.
'Job Ad' means an advertisement for an employment vacancy, placed by a Customer into a Job Listing.
'Job Info' means information in a Job Advert.
'Licence Fee' means the fee payable by the Customer to Us for the Service as detailed on the Customer Activation Form
'Personal Data' for the purposes of these terms and conditions means data which relate to a living individual who can be identified (a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the Customer and includes any expression of opinion about the individual and any indication of the intentions of the Customer or any other person in respect of the individual.
'Recruitment Agency' means an Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made there under)
'Service' refers to the level of access to the Websites and CV Service (where applicable) in accordance with the products detailed on the Customer Activation Form.
'CV' means the document, profile, structured and linked data provided by or assembled by a Candidate on the Websites relating to their career and employment history.
'CV Service' means access to the Candidate CV database to search and download Candidate CVs in relation to specific and current job vacancies.
'Unlimited Access' to CV Service means the ability to view an unlimited number of CVs. Downloading CVs is subject to 'Reasonable Use'.
'Reasonable Use' is defined as: for CV database access, less than 5,000 CV downloads within any 30 day period; for Job Listings, creation of a reasonable number of Job Ads per Job Listing in a calendar month, such reasonableness to be determined by Us at Our discretion from time to time.
'Websites' means Websites owned and managed by Trinity Mirror Regionals Limited.
3. PROVISION OF SERVICE
3.1 In return for the Licence Fee, as listed on the Customer Activation Form signed by the Customer, We grant the Customer the non-cancellable right to use the Service for the Contract Term.
3.2 For Subscription Service customers: Unless the Customer gives notice of cancellation by email to customerservices@Fish4.co.uk not less than 30 days before the expiry date of the current Contract Term, the Contract Term will automatically renew for a further Contract Term.
3.3 In agreeing to these Terms, the Customer accepts the functionality and design of the Service as amended from time to time by Us and that the Service cannot guarantee a particular level of response to adverts or the minimum number of CVs available through the CV Service subject to the special terms noted in 5.7 below in relation to Guaranteed Response Job Listings.
4. PRICE and PAYMENT
4.1 The Customer shall pay Us for the Service in full and shall pay all applicable VAT and other taxes imposed on charges for services made under this agreement.
4.2 All invoices are to be paid by Customer within 14 days of the date of the invoice, unless otherwise stated.
4.3 Where the Customer is paying in instalments, and an instalment is unpaid at any time during the agreement, We can withdraw the instalment payment option and the entire amount outstanding will become immediately due and payable.
4.4 We may charge interest on all sums outstanding beyond the date on which they are due for payment under this agreement at a rate of 2% per annum above bank base.
4.5 Upon termination of the Agreement for any reason (except by the Customer pursuant to clause 8.2 below) the provision of the Service shall immediately cease and the full amount of any sums owing to Us by the Customer shall become payable with immediate effect including, but not limited to, any amount of the Licence Fee that has not been paid by the Customer and which relates to the period following termination.
4.6 Continued use of our services after the expiry date of the contract will constitute an extension of that contract and the same terms until use of the service ceases.
5. CUSTOMER OBLIGATIONS and RESPONSIBILITIES
5.1 The Customer accepts that, following any contact with Candidates:
5.1.1 It shall be up to the Customer and the Candidate to agree how to progress matters further;
5.1.2 That the Customer shall act in good faith and in a business-like and courteous manner; and
5.1.3 That the Customer shall keep strictly confidential all confidential information disclosed by the Candidate and act in accordance with the all applicable Data Protection Laws and Regulations and the Employment Agencies Act 1973 (and all other relevant legislation and regulations made there under).
5.2 The Customer agrees to abide by Our rules for Job Listings (which may vary from time to time), these rules are:
5.2.1 Job Info to be categorised accurately using the appropriate job category for each listing; and
5.2.2 No gratuitous use of keywords in job descriptions, job summaries, job titles or keyword fields. Gratuitous is defined as inserting words, strings of words or repeating job titles which attempt to influence the position of the results listing; and
5.2.3 Job Info which discriminates on grounds of sex, race, age or disability is illegal and may result in proceedings being taken against the Customer; and
5.2.4 The Customer shall be limited to Reasonable Use of Job Listings in the creation of Job Ads; and
5.2.5 If the Customer has purchased a Guaranteed Response Job Listing, then the provisions of 5.7 below shall apply.
5.2.6 Vacancies advertised must be currently available and details verifiably accurate. Generic job listings cannot be accepted for publication.
5.3 It is the Customer's responsibility to advise Us of any change to their contact details, address and/or business activities.
5.4 The Customer shall not resell the Service purchased from Us to any third party without authorisation in writing from a Director of Trinity Mirror Regionals Limited. The Customer agrees that We shall be entitled (in addition to its entitlement to terminate this Agreement) to remove any unauthorised listings as We may in Our sole discretion determine.
5.5 The Service is for use by the Customer only and allows exclusive access to the Service using unique user names and passwords in accordance with these Terms. If the Customer or any director, employee, agent or affiliate of the Customer is found to share user names and or passwords with any party who is not a Customer then such sharing will be a material breach of this Agreement.
5.6 If the Service includes a CV Service, the Customer accepts that:
5.6.1 If more than 5,000 CVs are downloaded by the Customer within any month, We reserve the right to suspend the Service and/or to terminate this Agreement with immediate effect (without liability in accordance with clause 4.5); and
5.6.2 The Customer may not contact the individuals on the CV Service or make or allow any use of the information about those individuals, other than for the purpose of finding suitable Candidates for specific current job vacancies; and
5.6.3 The Customer shall ensure that no automatic extraction software (to include software tools commonly known as robots or spiders) or any other means are engaged or deployed to facilitate the downloading or capturing of CVs from Our database irrespective as to which CV Service has been purchased from Us.
5.6.4 The Customer shall not resell CVs accessed (CV searching or from CV alerts) from Us.
5.6.5 We are not responsible for application emails or CV alerts emails once they have left Our mail server. It is the Customer's responsibility to resolve any issue with non receipts of emails with their email service provider.
5.7.1 An Application is defined as a response to a Job Advert, whether by application email from Us or Our partner or affiliate; referral to an online application form or other website; or direct Candidate contact to a Customer's email address or phone number.
5.7.6 We make no warranty or representation as to the appropriateness of any Candidates applying under the Guaranteed Response Job Listing, nor that such Candidates will be shortlisted or placed.
5.8 Use of the CV Service
If the Customer purchases the CV Service, Customer agrees to use the CV Service in accordance with the following specific terms and conditions and all applicable privacy and data protection laws and regulations.
5.8.1 Customer agrees not to disclose any of the data from CV Service to any third party, unless Customer is an authorized recruitment agency or staffing agency and Customer is disclosing the data to an employer that has retained Customer's services to search for suitable candidates for a job vacancy.
5.8.2 If Customer has purchased limited access to the CV Service only anonymised details of potential Candidates will be made available to Customer. If Customer gains access to un-anonymised data it will notify Us immediately and Customer will delete all un-anonymised data from its systems and all copies and shall not use such data for any purpose unless Customer purchases a full access subscription to the CV Service which shall entitle Customer to use the data from the CV Service in accordance with these terms and conditions.
5.8.3 Customer shall not share the CV Service login credentials with any other party.
5.8.4 Customer agrees that the CV Service shall not be used by it:
(a) for any purpose other than as an employer or recruitment or staffing agency acting on behalf of an employer, seeking employees for job vacancies, including but not limited to advertising promotions, products, or services to any Candidates whose CVs are in the CV Service;
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to Jobseekers or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has informed Customer that they do not want to be contacted); or
(c) to source Candidates or to contact Candidates in regards to career fairs and business opportunities.
6. OUR OBLIGATIONS AND RESPONSIBILITIES
6.1 To provide the Services with reasonable care and skill.
6.2 To maintain Services on a 24 hour by 7-day basis subject to periodic essential maintenance. If the Websites and Service are unavailable for any consecutive period of 48 hours due to our fault and with the exception of de-activated accounts due to late payment or for breach of Customer's obligations, We shall extend the Term of this agreement by the period of such non-availability, without further payment from the Customer.
6.3 If for reasons beyond Our control We are unable to keep the Websites live or updated for a period of 10 working days or more, the Customer shall be entitled to a pro rata rebate of monies paid to Us.
6.4 We shall make such modifications to any Job Info or other Service as are reasonably requested by the Customer provided that Fish4jobs reserves the right to charge at its prevailing rates for the time involved with such modifications.
6.5 If We receive complaints from any Candidate or otherwise becomes aware that a Candidate has been offered services, apart from specific live jobs, We reserve the right to terminate or suspend the Contract without incurring liability to the Customer. The Customer will have no claim against Us in such circumstances. Furthermore, the Customer shall not be entitled to any refund of Licence Fees paid to Us.
6.6 We may at Our sole discretion add or remove any of the Websites from the Service.
6.7 We may at Our sole discretion decide which Job Listings are published to additional Websites and have the right to decline to publish or change Job Listings.
7. MULTI-JOB POSTING SERVICES
7.1 The Customer accepts that We are not responsible for:
7.1.1 The establishment or maintenance of any account held with any multi-job posting supplier;
7.1.2 Any errors, omissions, duplicate entries or faults caused by any multi-job posting suppliers;
7.1.3 Communicating updates to the job posting screen, Service, and xml feed to third-party suppliers.
8. DATA PROTECTION
8.1 Customer shall take appropriate physical, technical, and organisational administrative measures:
8.1.1 to prevent unauthorised or unlawful processing of any Personal Data;
8.1.2 to protect any Personal Data against accidental loss, destruction or damage;
8.1.3 to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and
8.1.4 having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to:
(i) the harm that may result from breach of those measures; and
(ii) the nature of the Personal Data to be protected.
8.2 If a party receives a request from a Candidate for access to Personal Data or any other request relating to the other party's obligations under the relevant Data Protection Laws and Regulations the party shall:
8.2.1 immediately notify the other party; and
8.2.2 provide full co-operation and assistance to the other party in relation to any such complaint or request:
(i) providing the other party with full details of any such request;
(ii) providing the other party with any Personal Data it holds in relation to the Candidate making the request in a form specified by the other party and within 20 days of receipt of the request from the Candidate or as otherwise stipulated by the other party; and
(iii) comply with the data access request within the relevant timescales set out in the relevant Data Protection Laws and Regulations and in accordance with explicit authorisation to do so from the other party.
8.3 Customer agrees to indemnify and keep indemnified and defend Us at its own expense against all costs, claims, damages or expenses incurred by Us or for which We may become liable due to any failure by Customer or its employees or agents to comply with any of its obligations under this section, or its respective obligations under the applicable Data Protection Laws and Regulations.
8.4 Customer Data Privacy
9.1 This Agreement may be terminated by Us:
9.1.1 If, after We have provided written notice to the Customer of breach of Customer Obligations (section 5 of these Terms), such breaches are not rectified by the Customer within 5 working days;
9.1.2 If the Customer fails to pay Us on the due date any sums that may be due under this Agreement;
9.1.3 If the Customer makes any material misrepresentation in order to become a Customer of the Service;
9.1.4 If the Customer is using the Website or Service for any improper use or in a manner which We reasonably believe may damage the reputation of either the Website or the Services provided by Us;
9.2 Either party may terminate this agreement immediately by notice to the other if any resolution or petition to wind up the other's business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver or administrative receiver of the other's undertaking, property or assets shall be appointed. The Customer acknowledges that except in such circumstances, it has no right to terminate this agreement before the expiry of the Contract Term referred to in the Customer Activation Form.
10. THIRD PARTY SITES
10.1 The Customer acknowledges that the Websites are publicly available on the internet and that Job Info and Job Ads may be copied from the Websites without Our permission by third party websites and that We has no control over such content or third party websites.
10.2 Job Info and Job Ads posted on the Websites may also appear on third party websites pursuant to agreements from time to time between Us and the proprietors of such websites.
11. ENTIRE AGREEMENT
11.1 This Agreement forms the entire understanding of the parties and supersedes all previous Agreements, understanding representatives relating to its subject matter.
11.2 No addition, amendment or modification of these Terms shall be effective, unless in writing and signed as accepted by a Director of Trinity Mirror Plc.
12. GOVERNING LAW
12.1 This Agreement shall be governed and construed in accordance with English law and under the jurisdiction of the English courts.
13.1 No neglect, delay or indulgence by Us in enforcing any provision of this Agreement shall be construed as a waiver and no single or partial exercise of any right or remedy shall affect or restrict the further exercise or enforcement of any such right or remedy.
13.2 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Terms.
13.3 The Agreement is personal to the Customer and may not be assigned or transferred to any third party without the prior written consent of a Director of Trinity Mirror Regionals Limited.
13.4 Each Term of this Agreement is severable and distinct from the others and, if any provision is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, that provision shall to that extent be deemed not to form part of this Agreement but the validity, legality or enforceability of the remaining parts of this Agreement shall not be affected or impaired, it being our intention that every provision of this letter shall be and remain valid and enforceable to the fullest extent permitted by law.
13.5 We reserve the right to vary this Agreement from time to time. Such changes shall either be notified to you by email or posted on the Websites. Such changes shall be deemed to be accepted if you continue to use the Websites or Service after a period of one week from the date of transmission of the email or of posting on the Website, whichever occurs later.