Recruiters Terms of Trading
All contracts for the provision of
recruitment related services made by Academic Jobs EU Limited are subject
to the following conditions:-
means the charges, details of which are set out in Part 1 of the Schedule;
"Conditions" means the terms and conditions set out below;
"Customer" means the individual, company or other person who is an employer or recruitment agency and agrees to acquire recruitment advertising services from Academic Jobs EU in accordance with these Conditions;
"Academic Jobs EU" means Academic Jobs EU Limited;
"Service" means the recruitment advertising services provided by Academic Jobs EU to the Customer, details of which are set out in these Conditions;
"the Web Site" means the web site www.Academic Jobs EU.com dedicated to the progression of careers and made available to the Customer as part of the Services.
2. WEB SITE 2.1 The Customer acknowledges that all copyright, trade marks and other intellectual property rights in or arising from any material contained in the Web Site shall remain the exclusive property of Academic Jobs EU.
2.2 The Customer shall not reproduce, display, distribute or otherwise use any of the contents of the Web Site for any public or commercial purposes and shall not use the contents of the Web Site in any other networked computer environment for any other purpose.
2.3 The Customer shall not transmit or distribute to or from or store on the Web Site any material which is defamatory, obscene, threatening, distasteful or otherwise contravenes any applicable law or regulation.
2.4 The Customer shall not post on the Web Site any advertisements or chain letters or material that contains viruses.
2.5 The Customer shall not access any data not intended for the Customer or otherwise attempt to interfere with the Services provided to other users.
2.6 The Customer shall not delete or revise any material posted by any other person on the Web Site without the prior written consent of Academic Jobs EU.
2.7 The Customer shall not use any engine, software, tool or other device to navigate or search the Web Site other than the search engine provided by Academic Jobs EU or other third party web browsers generally available on the market.
2.8 The Customer shall not attempt to decipher, decompile, disassemble or reverse engineer any software comprising or relating to the Web Site.
3. SECURITY The Customer shall not disclose its password to any third party
without the prior written consent of Academic Jobs EU and shall immediately
notify Academic Jobs EU of any unauthorised use of its password.
4. PROVISION OF THE
SERVICES 4.1 Academic Jobs EU will endeavour to provide the Customer with the Services on the terms and conditions set out in these Conditions.
4.2 Academic Jobs EU shall provide the following recruitment advertising services:-
4.2.1 Provision of a searchable database of potential candidates' CVs to employers or agencies seeking resources in Academia together with various searching facilities and tooling to assist in rapid and efficient recruitment, in accordance with Part 1 of the Schedule.
4.2.2 Registration for a Customer including a personal home page where the Customer can review and edit any details they have previously posted on the Web Site.
4.2.3 Placing of Customers job vacancies on the Web Site in the form of a job advert, in accordance with Part 1 of the Schedule.
5. CHARGES All services shall be charged in accordance with Part 1 of the Schedule (unless other Charges have been agreed in writing) from the date of appointing Academic Jobs EU to provide the Services. The charges as set out in Part 1 of the Schedule shall be paid by the Customer to Academic Jobs EU.
6. LIMITATION OF LIABILITY AND
INDEMNITY 6.1 Academic Jobs EU makes no representations or warranties about the accuracy, reliability or completeness of any material contained on the Web Site and use of the Web Site by the Customer is entirely at its own risk and in particular, Academic Jobs EU makes no warranty or representation as to the suitability of candidates for employment or as potential employers.
6.2 Other than in circumstances in which there has been a deliberate or negligence act or omission by Academic Jobs EU or any of its employees giving rise to death or personal injury, Academic Jobs EU shall not be liable to the Customer whether in contract, delict or otherwise, for any loss, damage or injury however caused or arising out of, or in the course of, or in connection with, the provision of the Services or in connection with any claims by third parties.
6.3 Academic Jobs EU shall not in any circumstances be liable to the Customer in contract, delict or otherwise for any indirect or consequential loss whatever and howsoever caused including but not limited to loss of job opportunities or losses arising from unsuitable candidates or any other losses arising from lost or inaccurate data, business interruption or otherwise.
6.4 The Customer shall be liable for and shall fully and promptly indemnify and hold harmless Academic Jobs EU, its officers, employees and agents against all liabilities, damages, costs, losses, claims, demands and proceedings incurred or suffered whatsoever (including, for the avoidance of doubt, consequential loss and, as such, loss of profits) and howsoever arising, being directly or indirectly out of or in connection with any claims, demands, proceedings brought against Academic Jobs EU by any third party. This Condition shall not apply in relation to any liabilities arising as a result of any deliberate or negligent act or omission of Academic Jobs EU or any of its employees.
6.5 Academic Jobs EU hereby excludes, to the fullest extent permitted by law, all warranties, whether express or implied, including any warranty as to fitness for purpose of any materials posted on the Web Site or otherwise in relation to the reliability, completeness or timeliness of the Services and no warranty is given specifically that the Web Site will operate free of errors or viruses.
6.6 Academic Jobs EU is not responsible for the contents of any materials contained in any third party web sites which are linked to the Web Site and no representations or warranties are given regarding the content or accuracy of materials contained on such web sites.
7. TERMINATION 7.1 Without prejudice to any of its rights, Academic Jobs EU may terminate
the provision of the Services to the Customer immediately upon written notice to
the Customer at any time if the Customer:-
7.1.1 fails to make any payment due under these Conditions and if such default continues for a period of seven (7) days after written notice of such
default is sent to the Customer'
7.1.2 breaches any of these Conditions and such breach continues for a period of seven (7) days after written notice of such default is sent to the
7.1.3 makes any voluntary arrangement with its creditors or becomes subject to an administration order or goes into liquidation.
8 FORCE MAJEURE Academic Jobs EU shall not be liable to the Customer or be deemed to be in breach
of any these Conditions by reason of any delay in performing or failure to perform
any of the Services if the delay or failure was due to any cause beyond Academic Jobs EU'
reasonable control (including but not limited to any factors affecting the
operation of the Web Site including computer viruses or interruptions to power
9 WAIVER No
waiver by Academic Jobs EU of any breach of these Conditions by the
Customer shall be considered as a waiver of any subsequent breach of
the same or any other provision.
10 SEVERANCE If any provision of these Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the
validity of the other provisions of these Conditions and the
remainder of the provision in question shall not be affected thereby.
11. NOTICES Any notice required to be given under these Conditions shall be in
writing and shall be served by sending the same by electronic mail to
the "e" mail address of the other party.
12. GOVERNING LAW AND
JURISDICTION These Conditions shall be governed by
and construed in accordance with the laws of Scotland. In the event
of any dispute, the parties hereby agree to submit to the
non-exclusive jurisdiction of the Scottish courts.
AGREEMENT These Conditions supersede any previous
agreements or understanding between the parties in relation to the
provision of the Services excluding always any fraudulent
misrepresentations and represents the entire agreement between the
parties. No variation of these Conditions shall be effective
unless made in writing and signed by an authorised representative of
Academic Jobs EU and the Customer.
This is the Schedule referred to in the foregoing Terms of Trading.
The charges for Services shall be;
In circumstances where the Customer is an employer or recruitment agency, the Customer will pay the Charges in accordance with
those indicated and agreed to at the time of ordering a service on-line unless other Charges have been agreed in
The Charges shall become immediately payable following receipt by the Customer of an invoice from Academic Jobs EU and shall be paid no later than thirty (30) days after the date of such invoice.
All payments to be made by the Customer to Academic Jobs EU under these Conditions shall be made by cheque, cash, on-line credit card or otherwise as instructed by Academic Jobs EU from time to time.
The performance by Academic Jobs EU of its obligations under these Conditions is conditional upon payment being made by the Customer in accordance with this Condition. If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Academic Jobs EU, Academic Jobs EU shall be entitled either to suspend its obligations under these Conditions and/or to charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of four (4) percent above the base rate of The Royal Bank of Scotland plc, until payment is made in full.
All payments to be made by the Customer to Academic Jobs EU under these Conditions are exclusive of any applicable Value Added Tax or any other tax which may be applicable.