Wednesday, February 22, 2012

Terms and Conditions

LawJobs UK Ltd INCORPORATING Legal secretary - Terms & Conditions

1. AGREEMENT: These Terms apply to Customer’s use of the website owned and managed by Law Jobs Uk Limited  its advertising job boards and the on-line recruitment and advertising services offered through it ("the Service").

By either orally accepting our service or confirming via email or post or by signing the Customer Service Agreement attached, the Customer is deemed to have accepted these Terms & Conditions under English law.

2. DEFINITIONS

Customer A customer who is using the service as detailed in the signed Customer order form above

Service Provider Refers to Law Jobs Uk Limited

Service Refers to the level of ‘media access’ to the website in accordance with the product purchased as outlined in the Customer Service Agreement.

Contract Term Means the Duration of Contract, expressed in months, as detailed on the Customer Service Agreement. 

LawJobs Uk Limited  Refers to the trading name of Law Jobs and trading through the websites thesolicitor.co.uk, theparalegal.co.uk, legalsecretary.co.uk, thelegalexecutive.co.uk; lawjobsuk.co.uk

References to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;

References to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admit or requires;

Words importing persons include individuals, bodies corporate and unincorporated.

Headings will not affect their construction.

3. PROVISION OF SERVICE

3.1 In consideration of the Advertising Fee, as set out on the Customer Service Agreement signed by the Customer, Law Jobs Uk Limited grants to the Customer the right to use the Service for the contract term.

3.2 In agreeing to these terms & conditions, the Customer accepts that Law Jobs Uk Limited is an advertising medium and cannot guarantee a particular level of response to adverts. Response rates may vary from day to day and month to month and certain sectors of the industry or positions may attract higher levels of responses than others.

4. PRICE & PAYMENT

4.1 The Customer shall pay to Law Jobs UK Limited for service outlined on the Customer Service Agreement 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 the Customer within 7 days of the date of the invoice, unless otherwise stated and agreed by Law Jobs Uk Limited and in writing confirmed by both the customer & service provider.

4.3 Where, in any discussions or other communications between Law Jobs UK Limited and the Customer with reference to an agreed contract, either orally or in writing and a discount is levied on any service due pursuant to the Conditions, such discount is agreed for the Customers benefit strictly on condition that the Customer must pay the said discounted invoice within seven 7 days from delivery of the invoice and for the purpose of this clause, time is of the essence, and for the avoidance of doubt if payment is made by the Customer outside the said seven (7) day period then the full invoice is due and payable without reduction by the said or any discount.

4.4 Where it has been agreed that the Customer can pay the invoice in instalments, if any instalment is unpaid at any time during the agreement, then Law Jobs UK Limited can withdraw this facility and the entire amount outstanding will then become immediately due and payable.

4.5 In the event that payment is not made in accordance with Clause 11.1 above, Law Jobs UK Limited reserves the right to charge interest on outstanding balances of debt at the rate applicable from time to time of the Late Payment of Commercial Debts (Interest) Act 1998

5. CUSTOMER OBLIGATIONS & 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 Data Protection Acts and the EAA act.   

5.2 To avoid any possible abuse of the Website and the Services it offers, at Law Jobs Uk Limited reasonable request, the Customer shall supply Law Jobs Uk Limited with such information that it reasonably requires to confirm:   

5.2.1 Whether any Job information that has been supplied for posting on the Website is accurate; and   

5.2.2 That Customer is not in breach of this Agreement.   

5.2.3 Customer’s identity, address and contact details and details of business activities   

5.3 In order to fully support the Customer with regard to communication it shall be the Customer's responsibility to advise Law Jobs Uk Limited of any change in their contact details.

6. Law Jobs Uk Limited Guarantee, Obligations and Responsibilities  

6.1 We agree that, subject strictly to the conditions in this clause, if you are unsuccessful in attaining a CV through the Service during the contract, then we shall give you a refund, the refund will be no more than 3 months of your existing contract term, this refund does not include any access to the CV database, or any featured vacancy position on the sites, this refund is null and void if you agree to access the CV database either as a free trial or as paid access. Also Law jobs Uk will refund all monies paid however conditions apply.

To claim a Refund you must notify us in writing during the 7 days next following the end of the Term and, for the purposes of this provision, time is of the essence, and to be eligible for a Refund you must satisfy us that you have used the Service diligently, seriously and properly and in accordance with our recommendations from time to time and our decision in this regard is final and you agree that in relation to any claim for a Refund we are entitled to rely on any and all information and evidence as we in our sole discretion think fit (including your personnel, recruitment and other records, documents or information we consider relevant and request from you, and including the right to speak with Candidates) to establish to our satisfaction the true position as to your use of the Service.

6.2 For the avoidance of doubt you are not entitled to a Refund and the rights in this clause: where we supply you with a Candidate through the Service, any part of it, or by any other means in connection with any renewed agreement (where the Agreement is automatically renewed under the Conditions).Where a Refund claim is admitted, we shall pay the Refund to you within 28 days of our decision on the Refund claim

7. CHOICE of Law and Jurisdiction

7.1 This Agreement and the use of the Site are governed by and construed in accordance with English law. Subject to sub-clause the courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement or the Service.

Changes to Terms and Conditions, Invalidity, Non-waiver, and Assignment

The Agreement is the entire agreement between us and you and the Conditions prevail over any prior representations made by us whether written or oral, save for any amendments or qualifications made to the Conditions in writing at the time the Agreement is made and which are signed by one of our duly authorised representatives.  In our sole and absolute discretion we may change the Conditions at anytime.  You are deemed to accept the Conditions (as amended) when you next use the Site following any amendment.  The Conditions may also be varied by agreement between you and us in writing, signed by our duly authorised representative.  If any Condition or part thereof is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining Conditions or part thereof, which shall remain in full force and effect.  Any delay in us enforcing or seeking to enforce any of our rights arising from the Conditions is not a waiver of such rights which remain fully enforceable by us at all times.  This Agreement is binding on you and us and your and our lawful successors in title.  You are not entitled to assign this Agreement and your rights and obligations hereunder without our written consent.  In our discretion, and for any reason whatsoever, we are entitled to assign this Agreement and the rights and obligations arising there from and upon written notice of such assignment to you, your contractual relationship is with our assignee as if the Agreement had originally been made by you with our assignee and to and from whom your obligations and entitlements are due, and in such event you agree to do all things and sign any and all documents necessary to ensure payment of the Price or the balance thereof is made to our assignee. “the Term” means the period of the Agreement stipulated on the Order form. 

At its end you are deemed to have automatically renewed this Agreementat the Price and on the Conditions unless you notify us or we notify you to the contrary in writing during the last 7 days of the Term and, for the purposes of this provision, time is of the essence.

We agree to provide you with the Service during the Term. You agree to pay the Price to us, and if we agree that you may pay the Price by instalments then (and regardless of the reason therefor) if any instalment is not paid the full amount of the Price is immediately due and payable forthwith upon our written demand for the same.

7.2 To provide the Services with reasonable care and skill,  

7.3 To maintain Services on a 24 hour by 7-day basis (subject to periodic essential maintenance activity or technical problems and matters beyond control) to support Customer’s online advertising requirements. In the event of Services being unavailable for any consecutive period of 24 hours (with the exception of de-activated accounts due to late payment), Law Jobs Uk Limited shall extend the term of this agreement by the period of such non-availability, without any further payment from the Customer.

8. NOTICES OF TERMINATION

8.1 This Agreement may be terminated by Law Jobs Uk Limited if: -

8.1.1 After providing written notice to the Customer of breach of 5.1, if such breaches are not rectified within 10 working days by Customer providing appropriate information to amend the job description;

8.1.2 If the Customer fails to pay Law jobs Uk Limited on the due date any sums that may be due under this Agreement;

8.1.3 If the Customer makes any material misrepresentation in order to become a registered user of the Website;

8.1.4 If Customer is using the Website for any improper use or with the intention to damage the reputation of either the Website or the Services provided by Law jobs Uk Limited

8.1.5 This agreement is terminated

8.2 Either party may terminate this agreement immediately by notice to the other:

8.2.1 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 but 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 Service Agreement

8.2.2 Law jobs UK Limited may suspend the Services and/or terminate the Contract by notice in writing to the Customer if it believes that any acts or omissions in connection with the Contract of a Customer that is a Recruitment Agency constitute or lead to breach of the Employment Agencies Act 1973 or any regulations made thereunder.

8.2.3 Upon termination of the Contract the provision of the Services shall immediately cease and the full amount of any sums owing to Law jobs Uk Limited by the Customer in respect of the Services, whether or not provided, shall become payable with immediate effect.

8.2.4 The Customer shall be responsible for all costs, claims, damages, loss, expenses and liabilities incurred by Law jobs Uk arising out of the Customer's breach of its obligations under the Contract (including, without limitation, on a solicitor and own Customer basis, any legal fees and disbursements reasonably incurred by Law Jobs Uk).

8.2.5 The Customer may terminate this agreement by:

Providing in writing and by facsimile, within the seven day window prior to the end of the contract, please refer to seven days notice, in writing addressed to Law Jobs Uk Limited, 1 Munro House, Trafalgar Way, Bar Hill, Cambridge, CB23 8SQ

8.2.6 The Customer is responsible for notifying Law Jobs Uk Limited of any changes to its email or address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to Law Jobs Uk Limited by first class post, email or by facsimile.

9. Services Generally

9.1 Law Jobs Uk Limited shall be entitled at anytime without notifying the Customer to make changes to the Services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.

9.2 Any intellectual property, ideas, concepts, know-how or techniques developed by Law Jobs Uk Limited or obtained during the execution of the Services will be owned exclusively by Law Jobs Uk Limited

9.3 Law Jobs Uk Limited shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control but the Customer accepts that it shall still be responsible for the payment of the Advertising Fees as if the Services had been properly provided.

9.4 The Customer accepts that:

9.4.1 Law Jobs Uk Limited shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Customer's failure to comply with the Contract;

9.4.2 If any quota of Services which are to be used with any period of time specified in the Service Agreement are not used within that period of time; then in each case the Customer shall still be responsible for the full payment of the Advertising Fee as if the Services had been properly and fully provided (and for the avoidance of doubt Law Jobs Uk Limited shall not be liable for providing any unused Services and such Services may not be carried over to any subsequent period).

9.5 Law Jobs Uk Limited may, at its discretion and without notice, report improper or illegal use of CVs or the Services by the Customer to the relevant legal and/or professional bodies including the Department of Employment, and the Office of the Information Commissioner

10. Advertising Services

10.1 The Customer agrees to provide Law Jobs Uk Limited in such a format as Law Jobs Uk Limited may request, any information, design work, artwork and logos necessary to enable Law Jobs Uk Limited to provide those Services.

10.2 Law Jobs Uk Limited shall not be obliged to provide those Services until the Customer has supplied it with the information, design work, artwork and logos necessary to provide those Services. Such information shall be supplied within 5 days of the date of the Contract, or such later date as agreed by Law Jobs Uk Limited. If the Customer fails to supply Law JOBS Uk Limited with the information then clause 7.5 shall apply.

10.3 The Customer shall provide Law Jobs Uk Limited with an advertisement in the correct dimensions and resolution and format as reasonably requested by Law Jobs Uk Limited If the Customer shall fail to provide the advertisement in accordance with this clause then Law Jobs Uk Limited cannot guarantee the quality of the appearance of the advertisement on the website.

10.4 Advertisements will become live on the Site only when the Customer has approved the design work, set-up, artwork and logos. If a Customer has been authorized to approve any design work, artwork or logos on behalf of the End Customer, then the Customer must provide proof of this in writing to Law jobs Uk Limited on request.

10.5 The Customer accepts that Law Jobs Uk Limited cannot guarantee the number of occasions on which any individual Advertisement appears on the Site and that no obligations are imposed on LAW Jobs Uk Limited in this regard.

10.6 Subject to clause 5.6, Advertisements placed on the Site may be cancelled and removed following written notification from the Customer and will be charged for the Term as described in the Contract as if such cancellation had not occurred and the Services had been properly supplied in full.

10.7 Law Jobs Uk Limited has the right at its sole discretion to decline to publish or omit, suspend or change the position of any Advertisement accepted by it.

10.8 Law Jobs Uk Limited may refuse, withdraw, or require to be amended, any artwork, materials or copy for or relating to an Advertisement which is illegal, immoral, obscene, offensive or otherwise prejudicial to the interests of Law Jobs Uk Limited or its Customers or users of its services or so as to comply with the legal or moral obligations placed upon Law jobs Uk Limited or the Customer or to avoid infringing a third party's rights or any statutory or regulatory requirements.

11. VACANCIES-by-Email Sponsorship

11.1 If the Services include Jobs-by-Email Sponsorship, the provisions of this clause shall apply thereto.

11.2. The sponsored message may only contain a link to a Customer's website and a logo and/or any individual vacancy advertisement.

11.3 The Customer accepts that Law Jobs Uk Limited cannot guarantee the number of recipients of the Jobs-by-Email Sponsorship and that no obligations are imposed on Law Jobs Uk Limited in this regard.

12. Customer's Obligations

12.1. The Customer hereby undertakes and warrants to Law Jobs Uk that:

12.1.1 In relation to any Advertisement the Customer enters into the Contract as a principal notwithstanding that the Customer may be acting directly or indirectly for an End Customer;

12.1.2 The reproduction and/or publication of the Advertisement by Law Jobs Uk as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render Law Jobs Uk liable to any proceedings whatsoever and the Customer indemnifies Law Jobs Uk against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Law Jobs Uk as a result of this undertaking and warranty being incorrect;

12.1.3 Any information supplied by the Customer in connection with the provision of the Services is accurate, complete and true;

12.1.4 In respect of any Advertisement which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Customer has obtained the authority of such living person to make use of such name, representation and/or copy;

12.1.5 Each Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;

12.1.6 Where it is an Advertising Agency it is authorised by the End Customer to place the Advertisement with Law Jobs Uk

12.1.7 No Advertisement contains any data, image or other material which:

(a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;

(b) is defamatory, threatening or racially, ethnically or otherwise objectionable;

(c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;

(d) infringes the rights (including, without limitation, the intellectual property rights) of another person;

(e) is designed or likely to cause disruption to any computer system or to any network;

(f) is illegal or designed or likely to induce an illegal act.

12.2. The Customer:

12.2.1 Acknowledges that:

(a) the Customer and Law Jobs Uk may agree that Law Jobs Uk can accept instructions in relation to the Services (without having to refer to the Customer) from any of the following persons:

any person agreed between Law Jobs Uk and the Customer to be a Recruiter; and any person to whom the Customer or any Recruiter provides passwords to or is set up to make use of the Services by using facilities offered by Law Jobs .

(b) the Customer agrees that it will procure that it and all Recruiters confidential and do not disclose to any person any passwords used by them in relation to the Services;

(c) the Customer agrees that it will be responsible for any misuse of all such passwords;

12.2.2 Authorises Law Jobs Uk to accept instructions in relation to the Services (without having to refer to the Customer) from any Recruiter and any person using such passwords;

12.2.3 Accepts that Law Jobs Uk shall not be responsible for any breach of this Agreement, any delay in performance of the Services or defect or error in the Services which arises as a result of Law Jobs Uk accepting instructions from a Recruiter or any person using such passwords;

12.2.4 Shall be responsible for all acts and omissions of each Recruiter and any person using such passwords as if they were acts or omissions of the Customer.

12.3. The Customer shall:

12.3.1 Where it is a Recruitment Agency, comply in all respects with the Employment Agencies Act 1973 (and all regulations made thereunder) and all statutes, rules, regulations, codes of practice and legal requirements to which the Customer is ordinarily subject in respect of its receipt and processing of CV's and related matters;

12.3.2 Where it is an Advertising Agency, ensure that the Services provided are solely utilised for its End Customers, with their express permission;

12.3.3 Use all CVs supplied pursuant to the Contract and the Services for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Candidates;

12.3.4 Ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Act 1998 to the extent that it applies and complies with its obligations under that Act;

12.3.5 Keep confidential the CVs and all other information supplied by Law Jobs Uk or Candidates to the Customer or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Candidates with their express consent in respect of the CVs;

12.3.6 Obtain the express consent of a Candidate prior to submitting his or her CV to any person;

12.3.7 Not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from Law Jobs Uk to any person provided that where the Customer is a Recruitment Agency it may make CV's available to its genuine customers who intend to recruit such Candidates for their own employment;

12.3.8 Not discriminate between persons endeavouring to secure employment and shall not engage in any illegal discriminatory practices whether by reason of age, race, sex or disability;

12.3.9 Be responsible for selecting only suitable Candidates and taking up references and satisfying itself as to the suitability of any Candidate for any particular position;

12.3.10 be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by Law Jobs Uk arising out of the Customer's misuse of information on CVs.

 13. Liability

13.1. Law Jobs Uk Limited will not be liable (whether in contract or tort) for:

13.1.1 Any loss of copy, artwork, photographs, data or other materials that the Customer supplies to Law Jobs Uk Limited and the Customer shall be responsible for retaining in its possession a master copy and such quantity of such materials for whatsoever purposes it may require;

13.1.2 Any mistakes or errors whatsoever that arise during the course of publication of any Advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Customer;

13.1.3 For any loss of profit, loss of revenue or contracts or any indirect, special, economic or consequential loss (whether caused by the negligence of Law Jobs Uk, its employees or agents);

13.1.4 Any delay, costs, expense, loss (including loss of profit), damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of Law Jobs Uk or as a result of the acts or omissions of the Customer;

13.1.5 any loss or damage whatsoever (including loss of profits) howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, lack of, suitability of or the wrongful disclosure of confidential information by, any Candidate or Applicant. It is for Customer to satisfy itself as to the availability, suitability, standard of skill, integrity and reliability of all Candidates or Applicants for any particular job.

13.2 In no event Law Jobs Uk will have any liability to the Customer under or in relation to the Contract (whether in contract or tort) exceed the amount of the Advertising Fees.

13.3 Nothing in this Contract will restrict or exclude Law Jobs Uk Limited liability for death or personal injury caused by its own negligence.

13.4 The Customer agrees and acknowledges that save as expressly provided in the Contract no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of Law Jobs Uk Limited in respect of or in connection with the Services or the Contract and accordingly the Customer confirms that it has not, in entering into the Contract, relied on any condition, warranty or representation by Law Jobs Uk Limited or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services or the Contract. The benefit of any such condition, warranty or representation by Law Jobs Uk is hereby irrevocably and unconditionally waived by the Customer.

14. General

14.1 The Customer shall not be entitled to assign the Contract nor any or all of its rights and obligations hereunder. Law Jobs Uk Limited shall be entitled to freely assign the Contract and all of its rights and obligations hereunder.

14.2. If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.

14.3 The Contract constitutes the entire agreement between the Customer and Law Jobs Uk Limited in respect of the Services.

14.4 Any waiver by Law Jobs Uk of any breach of, or any default under, any provision of the Contract by the Customer will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

14.5 Failure or delay by Law Jobs UK in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.

14.6 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

15. Law

These Conditions and any contract, into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts.

16. DATA PROTECTION ACT

The Customer consents to Law Jobs Uk Limited processing data provided by the Customer and relating to the Customer and its employees in accordance with The Data Protection Act 1998 and for this data to be held on computer files and used for the purposes of administration, accounting, marketing and the passing of information to its sister companies. If the Customer is uncertain of its responsibilities under The Data Protection Act 1998 it should take legal advice. It is an express term of this agreement that Law Jobs Uk cannot accept any liability for any breaches of data protection legislation that arise as a result of this agreement and the Customer hereby indemnifies Legal Media from any losses that might arise out of such breaches.

Please note all calls to and from our offices are recorded for training, compliance and legal references.

Telephone: 07500 664 018 Facsimile: 0870 350 1664 Email: admin@lawjobsuk.co.uk

www.lawjobsuk.co.uk

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