1. DEFINITIONS
1.1 In these Terms of Business the following definitions apply:
“Advertiser” means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 placing the order. Persons placing the order on behalf of the advertiser shall be deemed to have the authority to do so from the person, firm or company on whose behalf they are acting or purporting to act;
“The Provider” means FastFinders.co.uk (Company Reg No 6211971);
1.2 Unless the context requires otherwise, references to the singular include the plural.
1.3 The headings contained in these terms of business are for the convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1 An Order placed with The Advertiser shall constitute a contract when the Advertiser signs the Order.
2.2 These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of the Provider, these terms of business prevail over any other terms of business or purchase conditions put forward by the Advertiser.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Provider and the Advertiser are set out in writing and a copy of the varied terms is given to the Advertiser stating the date on or after which such varied terms shall apply.
2.4 Any change to the Provider’s Terms of Business made by an employee or representative are only valid if confirmed in writing by a director of the Provider.
2.5 The Advertiser and Provider agree that these Terms of Business have been given due consideration and that they are considered fair and reasonable by both parties.
2.6 The Provider reserves the right to review and revise these Terms of Business without prior notice
3. ADVERTISING ONLINE
3.1 The Advertiser must supply the Provider with copy details for the online advert and/or entry within 7 days of the date of the order. If these details are not received by the Provider by the due date, the Provider may publish the name, address and telephone number of the Advertiser in Bold Italics and the Advertiser will remain liable for the total amount shown on the order.
3.2 Wordings and logos supplied by the Advertiser to the Provider can either be in hard copy, via email or on disk. The information provided by the Advertiser will be used to create the online advertisement and/or entry and the Provider is not liable for any loss of business to the Advertiser due to information incorrectly supplied by the Advertiser.
3.3 The Provider will confirm that the Advertiser’s advertisement and/or entry is available online by electronic mail, fax or by writing for checking purposes. If no alterations or amendments are advised within 5 days it will be deemed that the advert copy and layout has been agreed and accurate.
3.4 The contract is for a 12 month period from the date of invoice (the date when the Advertiser’s entry and/or advertisement are displayed on the Provider’s web site). If no copy is received, the contract will run for 12 months from the date of order.
3.5 The Provider reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 6% per annum above the base rate from time to time of Barclays Bank Plc from the due date until the date of payment.
3.6 The amount payable to the Provider by the Advertiser for an advertisement and/or entry is the amount equal on the confirmed order. VAT will be charged on the amount if applicable.
4. REFUNDS
4.1 The Order can only be cancelled at the discretion of a Director of the Provider. Any request to cancel must be in writing to Suite 7 & 8, 94 Bell Lane, Marston Green, B33 0HX. If a Director of the Provider exercises his discretion, the Advertiser will pay a cancellation fee equal to 50% of the order amount.
4.2 The Provider may cancel the Order or Contract with the Advertiser immediately at any time without notice. If it is demonstrated that the Provider has cancelled the contract or order without any breach by the Advertiser, the Provider will refund the full amount paid by the Advertiser. The repayment will constitute entire discharge of the Provider’s liabilities to the Advertiser in respect of such cancellation or refusal.
5 LIABILITY
5.1 The Provider shall not be liable to the Advertiser for any loss, injury, damage, expense or delay incurred or suffered by the Advertiser arising directly or indirectly from or in any way connected with an advertisement and/or entry and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay so arising from or in any way connected with:
a) The Advertiser’s liability to any third party;
b) The advertisement and/or entry infringing the copyright or trade mark or other rights whatsoever of a third party and the Advertiser shall indemnify the Provider against any costs claims demands and expenses in respect of any infringement thereof.
c) Any loss, injury, damage, expense or delay incurred or suffered by a candidate.
5.2 The Advertiser warrants that the products, goods and/or services advertised are compliant with all applicable laws and regulations and the Advertiser shall indemnify the Provider against all costs claims demands and expenses in respect to any infringement thereof.
5.3 The Provider will endeavour to maintain the site error free and fully operational at all times. The Provider will have no liability for any failures resulting in the Advertiser utilising any software when inputting any information.
5.4 The Advertiser agrees to use the site in a sensible manner and be in compliance with all applicable laws and regulations. The Advertiser will not use the site to transmit, display, distribute or link to any material which is offensive, defamatory, obscene or of a menacing character or which may, in our judgement, cause inconvenience, anxiety or annoyance to any person including, without limitation, any racist, harassing, sexist, vulgar, threatening, discriminatory or abusive material, opinions or messages. The Advertiser also agrees that age, gender or ethnicity data or any such information provided by a candidate (or The Person whom is registered as a candidate) will not be used in any employment-related decision.
5.5 The Advertiser agrees to take full responsibility for the use of the site made by the Advertiser, third party agents or subcontractors and agree to accept liability under these terms of business for third party use of the site allowed by you which is in breach of these terms of business.
5.6 The Provider’s CV Search Database is a private database for use by licensed or registered Advertisers only. The Advertiser agrees to notify the Provider immediately when a person departs their employment to whom a password to the site has been allocated. On notification, the Provider will allocate a new password to the Advertiser.
5.7 In the event of non-payment by the Advertiser, the Provider shall be entitled to cancel the terms of business, contract or any agreement between the Advertiser and the Provider.
6. LAW
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales. |
