Terms & Conditions

General

In  these terms and conditions:

1. “Agreement” means the list of Services to which both Client and Company have agreed shall be provided to the Client by the Company, in return for payment;
2. “Candidate” means a generic term for any person registering their details on our Website for the purpose of finding a job at any point in the current or future;
3. “Candidate Database” means the collection of people who at one time or another register with the Website for purposes of finding a job through it;
4. 'Client' means any person, company, organisation or firm that purchases Services from the Company;
5. “Company” means Onlymarketingjobs.com Ltd and any subsidiary, partner or relation to the business, but specifically relating to the Website;
6. 'Contract Term' means the full term specified in the Proposal Form;
7. “Job” or “Job Posting” (or other such connotations) refers to a vacancy advertised by the Client;
8. “Recruitment Advertising” means a term used to describe the advertising of a specific job vacancy pertinent to the Client, via the Website;
9. 'Proposal Form' means an order for Services on a form provided by The Company (in any format) and signed by a Client;
10. 'Services' means all recruitment advertising products and services made available by the Company via its Website;
11. “Website” means http://www.onlymarketingjobs.com

Company  Outline

In  the context of these Terms of Business Onlymarketingjobs.com Ltd  (trading as Only Marketing Jobs) is a digital Recruitment Advertising  Company specific to the marketing sector, where Candidates/Jobseekers apply to  jobs posted by Clients.

Commencement  of Services

The  Company shall not commence the provision of Services pursuant to any  Proposal Form until the Proposal Form has been verified, signed and  returned to the Company.  Returns are accepted via electronic mail,  facsimile or the postal system.

Prices

Prices are guaranteed for the period stated on the Proposal Form or any other such documentation.  Prices are confidential and may not be disclosed by the Client.

Recruitment Advertising

1. A job posted on the Website will remain live for 28 days or such shorter time as may be agreed with the Client;
2. Any extension of this time will be charged to the Client as a new posting;
3. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price-per-job agreed with the Client at the time of the contract negotiation;
4. A single job is identified by its unique ID number;
5. If a Client deletes a job and then either reposts it or posts another, this will be classed as two jobs.

Payment  of Services

All  advertised Services prices exclude VAT;

Services are to be paid for via Direct Debit, unless otherwise agreed between the Client and the Company;

Unless payment for Services is taken via online transaction an invoice and/or statement shall be issued to the Client, against which payment is due;

Late payment for Services is liable to attract interest, accruing at a rate of 8% above HSBC Plc’s base rate at the time;

Payment of Services is to be made in accordance with the details outlined before engagement.

Termination

The Agreement is based on a rolling contract, where there is no defined end date, unless otherwise agreed between both parties.

Either party may terminate the Agreement without cause on 60 days written notice to the other party.

The Agreement shall be terminated immediately by either party in the event:

1. The other party is in material breach of these Terms and Conditions and, following a period of ten days, has not remedied such breach;
2. Either party becomes insolvent, ceases to trade or enters into liquidation.

Termination of the Agreement by the Client before the end of the Contract Term may, at the Company’s discretion, result in loss of discounts agreed for the entire Contract Term.

Limitation  of Liability

Either party's total liability to the other party in respect of all claims, demands or proceedings under this Agreement whether in contract, in tort, for negligence, breach of statutory duty or otherwise or under any indemnity except for death or personal injury caused by a party's negligence or in respect of any loss or damage for which liability cannot be excluded or limited at law, is limited to the total amount paid to The Company during the Contract Term for such Services, or £5,000, whichever is the greater, and shall be reduced proportionally to the extent that any act or omission of the other party caused or contributed to the loss.

Neither party shall be liable for any indirect, punitive, special or consequential damages or loss (including, but not limited to, loss of revenue (actual or anticipated), loss of business or goodwill, loss of use or operation, anticipated savings and/or any claims made under third party contracts) howsoever arising under this Agreement.

Where one party (the “Indemnifying Party”) becomes liable to the other party (the “Indemnified Party”) under the provisions of this Agreement, the Indemnified Party agrees to:(a) use all reasonable efforts to minimise any amounts claimed by the Indemnified Party under any indemnities and/or liabilities;(b) promptly notify the Indemnifying Party in writing of any matter which may result in a claim under any such indemnities and/or liabilities; (c) make no admission nor make any statement which may prejudice the defence of such matter (the subject of the indemnity);(d) give the Indemnifying Party sole conduct and control of such matter (and any related settlement negotiations);and(e) give the Indemnifying Party full assistance and co-operation in the defence of such claim.

Site Rules

There are rules regarding the content and format of jobs posted on the  Website. Their purpose is to ensure that visitors who search the  Website receive results which are presented as clearly and informatively as possible.  The Client agrees that the Company may, at its discretion and without liability to the Client, remove from  the Website any advertisement which is posted in breach of these rules. The rules may change from time-to-time.

The  Rules are:

1. No duplicating of jobs at the expense of other clients' jobs;
2. No gratuitous use of keywords in job descriptions or job titles. Gratuitous means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views;
3. Job advertisements placed on the Website must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business  opportunity';
4. URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and URL linking is permitted from the 'apply online' link;
5. Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher.

Responses  to Advertisements

The Client agrees to deal fairly and professionally with individuals who  may respond to a Client’s advertisement and not do anything which  may bring the Company and Website into disrepute. The Client shall indemnify The Company from and against any claim brought by an  individual against the Company arising from the Client’s breach of  this obligation or any other of these terms and conditions, subject always to the limitations set out in the clause entitles 'Limitation on Liability'.

The  Company does not guarantee any response to the Client’s  advertisement or that responses will be from individuals suitable for the job advertised.  It is the responsibility of the Client to carry out such checks and procedures as are necessary to ensure that  candidates are suitable for the job advertised and have the required qualifications and personal characteristics.

Equipment

It  is the Client’s responsibility to ensure that it has the appropriate equipment and is connected to the appropriate services to  enable it to post jobs to the Website.

Content  and Links

If  the Client’s advertisement links to another site via the Company’s  external apply online option, the Client is responsible for  maintaining the links and for the content of your advertisement and  the linked site.  The Company may remove from the Website any  advertisement which contains content or links to a site which, in its  opinion, is defamatory, illegal or objectionable or will bring the Website into disrepute.  The Client shall indemnify The Company from and against any claims or liability arising from content or links contained in its advertisements.

Third-Party  Sites

The Client will be advised if any Vacancies posted by the Client to the Website are to appear on any third-party websites.  When Vacancies are posted to the third-party website, any such Vacancy will be controlled by the Client and be deleted or edited automatically and simultaneously when these actions are performed to the original Vacancy posting.

The  Company Candidate Database

Rights  in the database

Database rights and all other applicable copyright and intellectual property  rights in the Candidate Database belong to The Company.  The Client  acknowledges that it does not acquire any rights in the database or  its content and that its retention and use of the database and its content is governed by these terms and conditions.

The  use of the database

The material the Client is entitled to receive from the Candidate  Database is determined by the product you have purchased from The Company. On receipt of this material the Client may:

1. Use, search or download it to its database for the purpose of finding suitable candidates for specific job vacancies that the Client or (in the case of an employment agency or employment business), it’s Client wish to fill;
2. Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through the Website depending on the product have purchased) in relation to a specific job vacancy;
3. Use the information only in connection with the Client’s own recruitment-related activities.

The  Client may NOT:

1. Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of any Client group of companies;
2. Download the database through any automated (e.g. "scraping") process;
3. Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies

The Client must, at all times, comply with the Data Protection Act 1998  and all subsequent legislation and regulations.

Dealings  with Candidates

The Client agrees to deal fairly and professionally with individuals it  may contact using information from the candidate database and not do  anything which may bring The Company or Website into disrepute.  The Client shall indemnify the Company from and against any claim brought  by an individual against the Company arising from the Client’s breach of this obligation or any other of these terms and conditions, subject always to the limitations set out in the clause entitled 'Limitation on Liability'.

Passwords

Passwords are for the sole use of the person to whom they are issued.  The  Company may deny access to a password if it reasonably believes that  it is being used by an  unauthorised  person or that the user is breaching these terms and conditions.