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Employer / Recruiter Terms & Conditions

Effective from 1st March 2013

These Employer / Recruiter Terms and Conditions (“Employer / Recruiter Terms”) are deemed accepted by the Employer / Recruiter when any Services are ordered by the Employer / Recruiter.

1. Definitions

In these Employer / Recruiter Terms the following terms shall have the following meanings:

“Advertise Job” means the website page that sets out the pricing and benefits to the Employer / Recruiter in advertising their jobs on the website. www.redkitejobs.com/services.html.

“Affiliates” means any holding company of the Company or any subsidiary of such holding company from time to time (and holding company and subsidiary shall have the definitions set out in section 1159 of the Companies Act 2006);

“Company” means the company providing the Services as set out on the website;

“Contract” has the meaning set out in clause 2.1 of these Employer / Recruiter Terms;

“CV” means the curriculum vitae of the Jobseeker that is prepared and supplied by a Jobseeker;

“Fees” means the sums payable by the Employer / Recruiter to the Company for the supply of the Services;

“Issue Date” the date that the User Account Form is sent to the Company by the Employer / Recruiter;

“Jobseeker” means a person who uses the website to search for, obtain information about and apply for job opportunities;

“Website” means the recruitment websites and widgets operated by the Company, its Affiliates or third parties in partnership with the Company and/or its Affiliates;

“ Employer / Recruiter” means the person, company or firm named on the User Account Form;

“ Employer / Recruiter Content” means all or any part of the content and materials (including job advertisement particulars) supplied or made available by the Employer / Recruiter in connection with the Services;

“Services” means the product/services listed on the website that the Company has agreed to supply to the Employer / Recruiter;

“Sites” means the website(s);

“Upload System” means the system (if any) made available by the Company to the Employer / Recruiter in order to facilitate upload of the Employer / Recruiter Content to the Sites and includes any Upload System Software;

“User Account Form” means the user account form or online purchase confirmation page issued to the Employer / Recruiter by the Company;

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2. Contract Between the Company and the Employer / Recruiter

2.1 The contract between the Company and the Employer / Recruiter in respect of the Services (the “Contract”) shall comprise the Advertise Job Forms and these Employer / Recruiter Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Employer / Recruiter purports to apply under any purchase order, confirmation of order or other document).

2.2 In the event of a conflict in terms between the User Account Forms and these Employer / Recruiter Terms, the documents shall rank in the following order of precedence: (i) User Account Forms, (ii) these Employer / Recruiter Terms.

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3. Services and Termination

3.1 Subject to these Employer / Recruiter Terms and in consideration of the payment of the job posting Fees by the Employer / Recruiter, the Company shall provide the Services to the Employer / Recruiter as applicable.

3.2 The Company shall use reasonable skill and care in its provision of the Services but the Company makes no representation or warranty that the Services and use of the Website System will be uninterrupted or error free or fit for the Employer / Recruiter’s particular purpose.

3.3 The Company shall be entitled to temporarily suspend or alter the operation of the Services and/or Website System for legal or technical reasons.  The Company shall endeavour to notify the Employer / Recruiter as far in advance as possible of any temporary suspension or significant alteration but the Employer / Recruiter acknowledges that prior notice may not always be possible.

3.4 The Company may in its sole discretion decline to post on or remove from the Sites and Services any of the Employer / Recruiter Content and/or require the Employer / Recruiter Content to be amended at any time if the Company considers that the Employer / Recruiter is in breach of any of clauses 4, 5 or 6 below.

3.5 The Employer / Recruiter may request the removal of a job advertisement from Website but shall not be entitled to any refund of Fees.

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4. Employer / Recruiter General Warranties and Obligations

4.1 The Employer / Recruiter acknowledges and agrees to the specific conditions (if any) that apply in respect of the Services as set out on the website.

4.2 The Employer / Recruiter shall ensure that only its authorised personnel post jobs on the website.

4.3 TheEmployer / Recruiter shall not disclose any login password to any third party and shall not resell or licence the Services to any third party without the Company’s prior written consent.

4.4 The Employer / Recruiter shall deliver Employer / Recruiter Content to the Company in a format compatible with the technical specifications issued by the Company from time to time.

4.5 The Employer / Recruiter undertakes and warrants that its use of the Services and all Employer / Recruiter Content (including, without limitation, job advertisements) comply with all applicable laws and codes of practice and shall not  be defamatory, discriminatory or otherwise objectionable and shall not infringe any copyright, trade mark or other rights of any third party.

4.6 The Employer / Recruiter authorises the Company to use and displayEmployer / Recruiter Content on the website.

4.7 The Employer / Recruiter warrants that it holds all necessary consents and licences to use and grant the Company the right to use the Employer / Recruiter Content as envisaged by the Contract.

4.8 The Employer / Recruiter shall not publish, disclose, reproduce or create derivative works from any information obtained pursuant to the Employer / Recruiter’s use of the Services except for internal business purposes unless expressly agreed in writing by the Company.

4.9 The Employer / Recruiter shall not copy, make modifications to, reverse engineer or decompile the Upload System Software, except to the extent permitted by law.

4.10 The Employer / Recruiter shall not use any automatic extraction software (such as software tools commonly known as robots and spiders) or any other means to facilitate the downloading or capture of volume quantities of information from the Company.

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5. Job Advertisements

5.1 The Employer / Recruiter warrants that:

5.1.1 its job advertisement particulars shall be accurate, honest and truthful;

5.1.2 its job advertisements shall not contain unnecessarily repeated words or phrases intended to cause a false positioning in the search results seen by a Jobseeker;

5.1.3 its job advertisements shall not promote any ‘get rich quick’, pyramid selling or network marketing  opportunities or similar.

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6. Jobseekers and CVs

6.1 The Employer / Recruiter shall only use CVs and personally identifiable Jobseeker information for the purpose of finding employment for Jobseekers.

6.2 The Employer / Recruiter shall keep confidential and not supply or make available to any person CVs and personally identifiable Jobseeker information that the Employer / Recruiter receives from the Company or any Jobseeker without the Jobseeker’s express consent.

6.3 The Employer / Recruiter shall comply with the provisions of the Data Protection Act 1998 and, in particular, shall take all appropriate technical, organisational and security measures to prevent unauthorised access, loss and use of personal data relating to Jobseekers.

6.4 The Employer / Recruiter accepts that it is responsible for satisfying itself as to the suitability of Jobseekers for a job vacancy and verifying the identity of such Jobseekers.

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7. Employer / Recruiter Indemnity

The Employer / Recruiter shall indemnify the Company and its Affiliates against all claims, costs, damages, losses, expenses and liabilities suffered or incurred by the Company and its Affiliates arising as a result of any breach by the Employer / Recruiter of clauses 4, 5 and 6.

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8. Fees

8.1 Fees are as stated on the Services page.

8.2 The Employer / Recruiter shall pay all job posting fees in the manner described on the website.

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9. Intellectual Property Rights

The Employer / Recruiter acknowledges that all intellectual property rights in the Services, technology supporting the Services (including the Upload System) vest in the Company and/or its licensors and partners and that the Employer / Recruiter has no rights in, or to, such intellectual property other than the right to use in accordance with the Contract.

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10. Limitation of Liability

10.1 This clause sets out the entire financial liability of the Company to the Employer / Recruiter in respect of:

10.1.1 any breach of the Contract;

10.1.2 any use made by the Employer / Recruiter of the Services; and

10.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.

10.2 Nothing in the Contract shall exclude or limit the Company’s liability for death or personal injury resulting from the negligence of the Company or for fraud or for any other liability that cannot be excluded or limited by law.

10.3 All warranties, conditions and other terms implied by statute or common law in relation to the Services are, to the fullest extent permitted by law, excluded from the Contract.

10.4 The Company has no liability to verify the identity of any Jobseekers or check the suitability of any Jobseekers for any job vacancy. 

10.5 The Company shall not be liable to the Employer / Recruiter under or in connection with the Contract for any loss of business, contracts, profits, anticipated savings, data, damage to hardware and software, or for any indirect, special or consequential loss.

10.6 The Company does not accept liability for loss of any Employer / Recruiter Content.

10.7 The Company’s liability in respect of any failure to perform the Services in accordance with the Contract shall be limited to the re-performance of the relevant part of the Services as far as is practicable.

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11. Confidentiality

The Company and the Employer / Recruiter agree to keep the terms of the Contract and all information that is obtained about the business, finances, technology and affairs of the other strictly confidential.  This clause shall not apply to information which has come into the public domain other than by breach of this clause or is required to be disclosed by law.

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12. Special Admonitions for International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

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13. General

13.1 The Contract contains the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, written or oral, between the parties in relation to such matters.

13.2 No amendment, variation or modification to the Contract shall be deemed valid unless it is agreed in writing by the parties.

13.3 The Employer / Recruiter shall not assign, transfer or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Company.

13.4 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.

13.5 Nothing in the Contract shall be deemed to create any kind of partnership or joint venture between the Company and the Employer / Recruiter.

13.6 No failure or delay by either party in exercising any of its rights or remedies under the Contract shall operate as a waiver of those rights or remedies. No waiver shall be effective unless in writing and shall apply only in relation to the matter in respect of which it was specifically given. No waiver of any breach of the Contract is a waiver of any subsequent or other breach.

13.7 Neither party shall be liable for any delay or non-performance under the Contract caused by any event beyond its reasonable control (a “Force Majeure Event”) provided that the party affected gives prompt notice in writing to the other party of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the Contract. If the Force Majeure Event continues for more than one month, the party not subject to the Force Majeure Event may terminate the Contract by notice in writing to the other party.

13.8 If any provision of the Contract is held to be illegal, void, invalid or unenforceable the legality, validity and enforceability of the remainder of the Contract shall not be affected.

13.9 Notices under the Contract must be in writing and shall only be deemed to have been duly served if hand delivered, sent by facsimile (provided the transmitting machine reports successful transmission), recorded delivery or email to the contact address of the party set out in the User Account Form or such other contact address as may be notified by that party under this clause.

13.10 The Contract shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts in relation to any disputes arising under or in connection with the Contract.

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