This website is owned and operated by JobsAV Limited and is made available to You on the following terms and conditions. By using the site and the services available on it You are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties. If You do not accept the Terms and Conditions stated here, do not use this website and service. Definitions: Where your company ("You" or "Your") desires to purchase, and JobsAV ("JobsAV") desires to provide to You, subject to the terms and conditions set forth herein, certain job posting services (the "Services") on the JobsAV website;
General Requirements Concerning online Job Posting Advertisements ("Ads") submitted by You:
BY CHECKING THE BOX YOU AGREE TO THIS JOBSAV AGREEMENT AND CLICKING ON THE CONFIRM PURCHASE BUTTON, YOU ACKNOWLEDGE READING AND ACCEPTING THESE TERMS AND CONDITIONS, AND YOU REPRESENT, WARRANT AND AGREE THAT (1) YOU HAVE THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY AND (2) YOU ARE NOT IN VIOLATION OF THE TERMS & CONDITIONS BELOW. YOU ACKNOWLEDGE AND AGREE THAT JOBSAV MAY MODIFY THE PROVISIONS OF THE FORM OF THIS AGREEMENT AT ANY TIME, WHICH MODIFICATIONS WILL BE APPLICABLE TO ANY OF YOUR FUTURE PURCHASES OF SERVICES.
These Conditions to the exclusion of all
previous terms and conditions issued by JobsAV shall apply to any Service
Agreement entered into after the date on which these Conditions were posted
on the Site. No variation or alteration to these Conditions or any representations
about the Services shall have any effect unless expressly agreed and confirmed
in writing by a director of JobsAV. JobsAV shall be entitled at anytime without
notifying You 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. Any intellectual property,
ideas, concepts, know-how or techniques developed by JobsAV or obtained during
the execution of the Services will be owned exclusively by JobsAV. With effect
from the Start Date JobsAV shall provide the Services for the Term subject
to the provisions of these Conditions. JobsAV 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 You accept that You shall
still be responsible for the payment of the Fees as if the Services had been
properly provided.
You accept that: JobsAV shall not be liable for any failure to provide the Services
(or any part thereof) as a result of the Your failure to comply with the Contract.
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 You shall still be responsible for the full payment of the Fees as if the
Services had been properly and fully provided (and for the avoidance of doubt
JobsAV shall not be liable for providing any unused Services and such Services
may not be carried over to any subsequent period). JobsAV will only make available
or supply copies of resumes which have been received by it for distribution solely
for the purpose of securing suitable employment for the jobseekers and You accept
that JobsAV makes no warranty whatsoever as to the availability of the Candidates
or the information on the resumes. JobsAV may, at its discretion and without
notice, report improper/illegal use of resumes by You to the relevant legal and/or
professional bodies.
If requested by JobsAV You will provide evidence to prove that You are either
a Direct Employer or a Recruiter; JobsAV shall not be obliged to provide the
Services (or shall be entitled to suspend them) until the Client has provided
such evidence; All ads are to be entered online by the You; Ads will be sent
out once to all relevant jobseekers via the Jobs by Email service; Ads placed
on the Site may be expired and removed by the Client. You will be charged for
the full number of days Your ad was originally placed; JobsAV will use reasonable
endeavours to procure that ads will become live within 1 hour of submission to
the Site; Ads cannot be edited or modified in any way whatsoever by You once
they have been submitted to JobsAV; Ads may only contain one email address, which
must be in the specific place designated by JobsAV and must not be part of the
text describing the vacancy; Ads shall contain the details of a single vacancy;
Ads purchased online will be ranked higher in the results of a jobseekers search
on the Site than ads purchased through our monthly advertising service contract;
JobsAV may edit, remove or refuse to publish any ads; JobsAV may edit, remove
or refuse to publish ads containing unnecessarily repeated words or phrases which
cause a false positioning in the search results seen by a jobseeker; JobsAV may
edit, remove or refuse to publish ads that advertise products, services, businesses
or websites, including, but not limited to, franchises, pyramid selling, network
marketing, and multi-level marketing. Logo Buttons will not exceed three thousand
bytes in graphic size, will be static and will be displayed on a rotational basis
and no guarantee is made by JobsAV of the number of times on which they will
be displayed and the Client accepts that no obligations are imposed on JobsAV
in this regard whatsoever.
The reproduction and/or publication of an ad by JobsAV as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render JobsAV liable to any proceedings whatsoever and You indemnify JobsAV against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by JobsAV as a result of this undertaking and warranty being incorrect; any information supplied by You in connection with the provision of the Services is accurate, complete and true; In respect of any ad which contains the name or representation of any person and/or any part of any person and/or any copy by which any person is or can be identified You have obtained the authority of such person to make use of such name, representation and/or copy; Each Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising and law as may be appropriate; No Ad contains any data, image or other material which is (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 or criminal act. You acknowledge that JobsAV can accept instructions in relation to the Services (without having to refer to You) from any of the following persons: any person agreed between JobsAV and You and any person to whom You provide passwords to or is set up to make use of the Services by using facilities offered by JobsAV for such purposes; You agree that You will be responsible for any misuse of all such passwords; You authorise JobsAV to accept instructions in relation to the Services from anyone using such passwords; You accept that JobsAV 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 JobsAV accepting instructions from any person using such passwords; You shall be responsible for all acts and omissions of any person using such passwords as if they were acts or omissions by Yourself. You shall comply in all respects with all statutes, rules, regulations, employment acts, data protection laws, codes of practice and legal requirements to which You are ordinarily subject to in respect of the receipt and processing of resumes and related matters; Use all resumes supplied pursuant to the Contract and the Services for the sole purpose of endeavouring to provide or locate suitable employment on behalf of the jobseekers; Keep confidential the resumes and all other information supplied by JobsAV or jobseekers to You or Your employees and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for jobseekers with their express consent; Obtain the express consent of a jobseeker prior to submitting their resume to any person; Not submit, copy, supply, re-sell, distribute or make available in any way any resume or other information received from JobsAV to any person provided that where You are a Employment/Recruitment Agent or Employment/Recruitment Business You may make resumes available to Your genuine customers who intend to recruit such jobseekers for their own employment; Not discriminate between persons endeavouring to secure employment and shall not engage in any illegal discriminatory practices whether by reason of age, race, religion, sex or disability; Be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by JobsAV arising out of Your misuse of information on resumes.
The Service is subject to any instructions from a jobseeker that their details should or should not be made available to the Client. In the event that JobsAV has reason to believe or suspect that its Resume Service is being abused by the You, JobsAV reserve the right to immediately terminate the contract; JobsAV cannot guarantee the minimum number of new resumes available on any given day; In relation to the Resume Services You shall ensure that no automatic extraction software or any other means, are engaged or deployed, to facilitate the downloading or capturing of resumes from the JobsAV database.
JobsAV will not be liable for: any mistakes or errors whatsoever that arise during the course of publication of any ad 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 Client; for any loss of profit, loss of revenue or contracts or any indirect, special, economic or consequential loss (whether caused by the negligence of JobsAV, its employees or agents); 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 JobsAV or as a result of the acts or omissions of You; 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 jobseeker. It is for You to satisfy itself as to the availability, suitability, standard of skill, integrity and reliability of all jobseekers for any particular job. In no event shall JobsAV's liability to the Client under or in relation to the Contract exceed the amount of the Fees. Nothing in this Contract will restrict or exclude JobsAV's liability for death or personal injury caused by its own negligence. The Client 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 JobsAV in respect of or in connection with the Services or the Contract and accordingly You confirm that it has not, in entering into the Contract, relied on any condition, warranty or representation by JobsAV 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 JobsAV is hereby irrevocably and unconditionally waived by the You.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. You can gain access to your JobsAV account and modify the information stored there by supplying an email address and password. You must ensure that this information is kept secret. At JobsAV, we use 128-bit SSL encryption, the highest level of SSL encryption currently available to consumers. This ensures the safety and security of your credit card transactions. SSL (Secure Socket Layer) means that our server and your browser create and agree on an encryption key that will be used only for that particular session. Once established, this key encrypts all communication between our server and your browser. To add accountability to these security measures, we have a server certificate issued to us by Comodo. Comodo is Webtrust/KPMG Compliant and Accredited Certification Authority. Comodo is also a partner with global security solutions provider Baltimore. The certificate is a way for you to verify that you are sending your card number to us and nobody else. Only we have that particular certificate. If you still have concerns, you should review your credit card agreement or call your credit card issuer to ask about its policies regarding liability for fraudulent Internet charges.
All products on JobsAV must be paid for in advance. All ads purchased on the JobsAV website will be via credit card. JobsAV will only invoice for our monthly advertising service product. All sums due in respect of the Fees are exclusive of any appropriate sales tax or value added tax, for which You shall be additionally liable depending which country You are in. If You fail to pay any amount owing to JobsAV when due then JobsAV reserves the right to charge interest.
All ads posted on the JobsAV website are non-refundable and all payments are final. All advertisements posted on the JobsAV website cannot be replaced or edited. Ads are posted for up to a period of 28 days. To remove an ad after it has been posted please email headoffice@jobsav.com stating the ad reference number and your contact details for verification.
Subject to the provisions of the Contract, the Services shall be provided for the Term. Either party may, at its sole discretion, terminate the Contract at any time by notice in writing to the other party (the "Defaulting Party") if the Defaulting Party fails to pay to the other party any amount when due; or if the Defaulting Party is in breach of the Contract and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied. JobsAV may suspend the Services and/or terminate the Contract by notice in writing to You if it believes that any acts or omissions in connection with Your Contract constitute or lead to any breach of any statutes, rules, regulations, employment acts, data protection laws, codes of practice and legal requirements. Upon termination of the Contract the provision of the Services shall immediately cease and the full amount owing to JobsAV by You in respect of the Services, whether or not provided, shall become payable with immediate effect. You shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by JobsAV arising out of Your breach of obligations under the Contract (including, without limitation, on a lawyer and own client basis, any legal fees and disbursements reasonably incurred by JobsAV).
Unless otherwise stated all contents of this website, including graphics, layout and design are © copyright. JobsAV and Jobs AV may not be reproduced without the written permission of Jobs AV Limited. JobsAV and the JobsAV logo are registered trademarks of Jobs AV Limited. For permission to reproduce any contents of this website, please e-mail headoffice@jobsav.com
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. The Contract constitutes the entire agreement between You and JobsAV in respect of the Services. Any waiver by JobsAV of any breach of, or any default under, any provision of the Contract by You 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. Failure or delay by JobsAV 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. If you have any comments, please write to JobsAV, Suite 620, 8 Shepherd Market, London W1J 7JY. These terms and conditions are governed by the Laws of England.