Terms and Conditions
Terms and Conditions
Terms and Conditions for advertisers
1. These terms and conditions (the "Terms") govern your agreement with Guardian News & Media Limited ("GNM" "we" "us" "our") (the "Agreement") for your use of the following services on the website currently located at: https://jobs.theguardian.com/ (the "Website"):
a. The Advertising Service;
b. the CV Database Service; and
c. The Audience Match Service
each as deﬁned below. The Advertising Service, the CV Database Service and the Audience Match Service shall each be a Service and collectively known as the "Services". These Terms shall apply to all of the Services except for where they are expressly stated to apply to one Service only.
Where you are a media buyer, advertising agency or other representative (an “Agent”) procuring the Services on behalf of a principal advertiser or recruiter ("Client"), you shall notify GNM prior to entering into this Agreement and shall disclose full details of your Client at the time of making a booking. For the purposes of your agreement with GNM, you act as a principal at law and you shall be responsible for and shall procure that your advertiser or recruiter client complies with these Terms (and references to “you” shall refer to both you and your Client). You warrant that you are authorised by your client to enter into this Agreement.
The Advertising Service
2. The advertising service (the "Advertising Service") is the service provided by GNM which allows you to place and access advertisements on, and to self-upload recruitment advertisements to, the Website.
3. Advertisements ("Advertisements") for inclusion on the Website are accepted subject to these Terms and the advertising terms and conditions which are available at: http://theguardian.com/advertising/advertising-terms-conditions (the "Advertising Terms"). In the event of any inconsistency between these Terms and the Advertising Terms the Advertising Terms shall prevail.
The CV Database Service
4. The CV Database Service is the service provided by GNM which allows recruiters to view, search, purchase and access CVs of candidates held on the GNM Candidate database (the "GNM Candidate database") via the Website.
5. As between GNM and you, all intellectual property rights and all other rights in the CVs and the GNM Candidate database shall be owned by and are retained by GNM or its licensors. Subject to paragraph 6 below, when you use the CV Database Service, GNM will license rights in the CVs purchased by you on a non-exclusive, worldwide basis as necessary to enable you to make reasonable use of the CVs and the CV Database Service for the purpose of recruiting candidates, provided that you comply with (i) these Terms and (ii) all applicable legislation. If GNM is required to terminate this Agreement under paragraph 31 or this Agreement ends, this licence will automatically terminate, except in respect of the CVs of candidates you have directly employed or who have sent their CVs directly to you.
6. Recruiters who have purchased “unlimited” credits to download CVs will be subject to daily limits imposed by GNM. These limits shall be communicated to you by GNM. Downloading CVs in excess of these daily limits shall be an irremediable material breach of these Terms for the purpose of paragraph 31 below and GNM shall have the right to terminate the Agreement immediately without notice. You acknowledge that our provision of candidate's CVs to you is conditional on the candidates consenting and providing GNM with a licence on such terms as will entitle GNM to licence their CV on to you.
The Audience Match Service
7. The audience match service (the "Audience Match Service") is the service provided by GNM which enables a recruiter to target relevant users across a range of channels including the Website and other third party channels as specified by GNM.
General Terms Regarding Access to the Services:
8. GNM allows you to access each of the Services on the basis that:
a. you are a bona ﬁde recruiter, being either an employer or an Agent;
b. your password is personal to you and may not be used by any third party (including a Client) to access any of the Services or otherwise be shared with or disclosed to any third party (including a Client). If you become aware that any third party has access to your password, you will immediately notify GNM and GNM shall provide you with a new password as soon as reasonably practicable. You shall at all times ensure that your password is safe and secure;
c. you will not do anything which would assist anyone who is not a registered user of the Services to gain access to or misuse it;
d. you do not maliciously create additional accounts for the purpose of abusing the functionality of the Website or the candidates who have signed up to the Website, or other users nor do you seek to pass yourself oﬀ as another user;
e. you do not use any automated system or software or other means or processes to extract or scrape data (including without limitation CVs) from the Website, GNM Candidate database and/or Services;
g. if, for any reason, we believe that you have not complied with any part of these Terms, any terms or policies to which they refer, any applicable legislation, or we believe that you are misusing or abusing the Services in any way, then without prejudice to any other remedy available to GNM, GNM may, at its discretion, cancel, suspend or otherwise restrict your access to the Services immediately and without giving you any advance notice.
General Terms Regarding Your Use of the Services:
9. You hereby warrant, represent and undertake to GNM that:
a. You will only use the Services and any information you receive under the Services for your recruitment related activities;
b. Except as expressly permitted under these terms you will not sell, sub-licence, sub-contract or rent any information you receive under the Services in respect of a candidate on the GNM Candidate database (including a CV) to a third party. This provision shall not prejudice an Agent’s ability to procure the Services on behalf of a Client and provide information to such Client provided that the Agent procures that use of the information by the Client is in accordance with these Terms;
c. You will not create a marketing list for either your own use or to sell on to a third party using any information you receive under the Services in respect of a candidate on the GNM Candidate database;
d. Your use of the Services will not be prejudicial to the image or reputation of GNM, the Website or any other recruiters who use the Website;
e. In relation to obtaining, storing and using any personal data derived from your use of the Services or otherwise in connection with your use of the Services that you are acting as a data controller in your own right and you have complied and will comply with the all applicable laws relating to data protection and privacy including (without limitation) the UK General Data Protection Regulation, the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations and any amending or replacement or equivalent legislation in any relevant jurisdiction from time to time, as well as any guidance issued by the Information Commissioner;
f. Without prejudice to the provisions of paragraph 9e, you will keep all candidates' personal information conﬁdential; and
g. You agree not to use the Website:
• in any capacity other than as a bona fide recruiter or an Agent;
• for any purpose that is unlawful under any applicable legislation or prohibited by these Terms;
• to commit any act of fraud;
• to distribute viruses or malware or other similar harmful software code;
• for purposes of promoting unsolicited advertising or sending spam or any unlawful, defamatory, harassing, obscene, offensive or harmful content;
• for purposes of selling, licencing, exchanging, or otherwise distributing CVs and/or personal information of a Candidate to a third party;
• to simulate communications from GNM or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
• in any manner that disrupts the operation of our Website or business or the website or business of any other entity;
• in any manner that harms minors;
• to promote any unlawful activity;
• to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
• to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
• to attempt to circumvent password or user authentication methods.
General Terms Regarding Your Use of CVs provided to You
10. In respect of CVs provided to you under the Services, you hereby warrant, represent and undertake to GNM that you will:
a. not keep candidates' CVs on your database for longer than is necessary for your recruitment purposes;
b. notwithstanding your obligations under paragraph 9(e), update a candidate’s CV in your database if they request you to update it, within a reasonable time following such request (and no later than one month from receipt of the request); and
c. notwithstanding your obligations under paragraph 9(e), delete a candidate's CV from your database if they request you to delete it, within a reasonable time following such request (and no later than one month from receipt of the request).
SPECIFIC TERMS RELATING TO THE CV DATABASE SERVICE
Your Use of the CV Database Service
11. You will not be able to view the CVs of any candidates unless you have created a new account or logged into your existing account on the Website. At ﬁrst instance you will only be able to view anonymised versions of candidate CVs on the GNM Candidate database. You will only be able to view a candidate's contact details after you have purchased the candidate's CV or have used one of your existing credits to view it. Some CVs will not be accessible due to candidates’ preferences.
12. The applicable rates for individual CVs and / or bundles of CVs shall be the rate agreed. between you and our sales team either in writing or over the telephone, using the contact details provided on the Website.
13. Please note that refunds are not available in respect of CVs purchased using the CV Database Service.
SPECIFIC TERMS RELATING TO THE ADVERTISING SERVICE
Access to the Advertising Service:
14. GNM allows you access to the Advertising Service on the basis that, in addition to the provisions of paragraph 8 above and the Advertising Terms, you will and you will ensure that the advertising agency or media buyer responsible for your advertising will:
a. be responsible for uploading your Advertisements. The publication of any Advertisement remains at GNM's sole discretion and GNM reserves the right without liability to you to make additions, amendments or deletions to the content of any Advertisement if such Advertisement is considered to contain any unsuitable material or material which is contrary to these Terms;
b. grant us a non-exclusive, perpetual, royalty-free, worldwide licence to publish the Advertisements in any format, including without limitation print and electronic format and on the Website and the Guardian Jobs LinkedIn page and, where applicable, other specified channels pursuant to the Audience Match Service; and
c. grant GNM a royalty-free non-exclusive licence to publish the Advertisements and to use such of your names, trade marks and/or logos as GNM may consider necessary in connection with the publication of the Advertisements on the Website and the Guardian Jobs LinkedIn page.
Your Use of the Advertising Services:
15. In addition to the provisions in the Advertising Terms you hereby warrant, represent and undertake to GNM that, in addition to the provisions of paragraph 9 above, you will and you will ensure that the advertising agency or media buyer responsible for your advertising will:
a. be responsible for ensuring that all information in relation to any Advertisement is correct including the content of the Advertisement, the duration for which the Advertisements should be available on the Websites and the categorisation of the Advertisement;
b. not request bank details or ﬁnancial information from jobseekers responding to an Advertisement.
16. In addition to the provisions in the Advertising Terms you hereby warrant, represent and undertake to GNM that:
a. the Advertisements are not contrary to the provisions of any applicable law or regulation, are not libellous, blasphemous, racially inﬂammatory, oﬀensive or obscene in any way and do not contravene any third party rights (including without limitation any intellectual property rights);
b. you have or will have obtained prior to uploading any Advertisements all necessary rights, consents, licences, clearances and waivers in relation to the Advertisements (and all content thereof) to enable GNM to publish the Advertisements on the Websites and, as between GNM and you, you shall be solely responsible for any and all payments due to third parties as a result of such publication;
c. nothing contained in the Advertisements will constitute an invitation or inducement to engage in investment activity within the meaning of the Financial Services and Markets Act 2000;
d. all Advertisements submitted by you for publication online will be free of any viruses (meaning any computer code, programming instruction or set of instructions that is intentionally and speciﬁcally constructed with the ability to damage, interfere with or otherwise adversely aﬀect computer programs, data ﬁles or hardware) and no Advertisement shall cause any adverse eﬀect in the operation of the Websites such that the whole or part of such sites shall be wholly or partially unavailable to users;
e. you will not send directly or indirectly, a cookie (meaning a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that web server) to the device of any user of the Website irrespective of whether any such device has been enabled by such user to receive cookies;
f. in relation to an Advertisement you contract with GNM as a principal notwithstanding that the you may be acting directly or indirectly for the advertiser as an advertising agent or media buyer or in some other representative capacity;
g. the reproduction and/or publication of the Advertisement by GNM as originally submitted or as amended will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render GNM liable to any proceedings whatsoever;
h. any information supplied in connection with the advertisement is accurate, complete and true;
i. in respect of any Advertisement submitted for publication 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, you have obtained the authority of such living person to make use of such name, representation and/or copy;
j. the Advertisement complies with the requirements of all relevant legislation (including without limitation the Equality Act 2010 and any subordinate legislation and the rules of statutorily recognised regulatory authorities) for the time being in force or applicable in the United Kingdom.
k. all advertising copy submitted to GNM is legal, decent, honest and truthful and complies with the British Codes of Advertising and Sales Promotion and all other relevant codes under the general supervision of the Advertising Standards Authority.
l. Your advertising copy will be for authentic positions with accurate details and shall not contain “spam” content (overly repeated words to improve search rankings).
m. You will categorize all jobs correctly (GNM reserves the right to re- categorize jobs if the chosen categories are deemed as inappropriate).
17. The applicable rates for Advertisements are set out in the rate card as at the date of purchase, which is available on the Website at:
http://recruiters.theguardian.com/digital-rate-card/ save where other rates have been expressly agreed between you and our sales team either in writing or over the telephone, using the contact details provided on the Website.
18. GNM reserves the right in its sole discretion and without liability to you to remove or reject any Advertisement that it considers unsuitable or contrary to these Terms and to remove or reject any Advertisement if you, or the advertising agency or media buyer responsible for your advertising, have not paid any sums due for any advertising on the Website. You shall remain liable for all sums due to GNM in respect of the Advertisements. Any acceptance of an Advertisement by GNM shall not be deemed to constitute an acceptance by GNM that such Advertisement is provided in accordance with these Terms and shall not constitute a waiver of GNM's rights hereunder.
19. In respect of any Advertisement cancelled by you after the Advertisement has been uploaded, you will be liable for the full cost of the Advertisement.
20. Where you are an Agent, you warrant that you are authorised by the relevant advertiser of a product or service to place the Advertisement with GNM and you will compensate GNM for any claim made by such advertiser against GNM.
FURTHER GENERAL TERMS
21. You will be required to make payment either through your invoiced account or by credit/debit card at the time you purchase one of the Services (unless you purchase credits on the Website in respect of the CV Database Service). GNM accepts the following cards: Visa, Mastercard, Solo and Maestro. All payments shall be made sterling and without deduction or withholding of any fund, other than as required by law. Rates for the Advertising Services are subject to addition of VAT and all rates are subject to the addition of other applicable sales or other taxes (VAT No. 145774445). Payment is subject to GNM's payment terms which are: all new customers will be required to prepay unless credit terms have been approved following a satisfactory credit check. Credit application forms are available on request from email@example.com. GNM's standard credit terms are for payment to be received as cleared funds by BACS payment on or before 28 days of the date of insertion/date of invoice. Any changes to the standard payment terms must be agreed by the GNM Accounts Receivable Team Leader. GNM may charge interest on the amount outstanding up to 4% above the Bank of England base rate.
Right of Audit
22. You shall, on request, provide GNM and GNM's auditors with all reasonable assistance and with access to your relevant personnel, premises, systems and records relating to this Agreement as may be reasonably required in order to verify your compliance with the Terms.
23. GNM shall provide at least two (2) working days' notice to you of GNM's intention to conduct an audit.
24. In the event that GNM's publication of the Website is restricted, curtailed or prevented by any applicable law or regulation or any other act or thing beyond GNM's control, GNM may terminate this Agreement forthwith (in whole or in part) without prejudice to GNM's right to be paid any monies due as at the date of termination.
25. GNM accepts no liability for any delay or disruption whilst using any of the Services or for any loss or damage to your account or any loss or damage caused by any error or technical fault in respect of the transfer of a CV from the Website to you.
26. GNM does not guarantee the continued and uninterrupted availability of any of the Services and accepts no liability for any unavailability including without limitation due to technical errors or faults. In any event, GNM shall have no liability for any failure or delay aﬀecting the transmission of any Website, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of GNM.
27. GNM shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for any economic losses (including without limitation, loss of revenues or proﬁts, contracts, business or anticipated savings), any loss of goodwill or reputation or any indirect or consequential losses (in each case whether or not such losses were within the contemplation of the parties at the date the order was placed) suﬀered or incurred by you arising out of or in connection with any matter hereunder.
28. For the avoidance of doubt, nothing in these Terms shall operate to limit or exclude GNM's liability for death or personal injury resulting from its own negligence or for fraud.
29. Candidates are solely responsible for the content of the CVs that they submit to GNM. We accept no responsibility for the content of candidate CVs including without limitation any error, omission or inaccuracy.
30. You will indemnify GNM and agree to keep GNM indemniﬁed on demand against all claims, costs, proceedings, demands, losses, damages, expenses or liability (including without limitation any consequential losses or loss of proﬁt and any legal fees) whatsoever arising directly or indirectly as a result of any breach or non- performance or non-observance of any of the representations, warranties or other terms contained herein or implied by law in accordance with these Terms, including without limitation any such breach, non-performance or non-observance by a client of an Agent.
31. In addition to GNM's rights under paragraphs 8g and 24 of these Terms, GNM may terminate your access to one or all of the Services with immediate eﬀect if:
a. You are in material breach of these Terms and, if remediable, you fail to rectify such breach within 7 days of our notifying you of your material breach; or
b. you become insolvent (including being unable to pay your debts as they fall due and/or that the value of your assets is less than the amount of your liabilities taking into account your contingent and prospective liabilities), proposes an individual, company or partnership voluntary arrangement, have a receiver, administrator or manager appointed over the whole or any part of your business or assets; if any petition shall be presented, order shall be made or resolution passed for your winding up (except for the purpose of a bona ﬁde amalgamation or reconstruction), bankruptcy or dissolution (including the appointment of provisional liquidators/interim receivers or special managers); if you shall otherwise propose or enter into any composition or arrangement with your creditors or any class of them, if you ceases or threatens to cease to carry on business or if you claim the beneﬁt of any statutory moratorium.
Consequences of Termination
32. Subject to paragraph 33 below, in the event GNM terminates your access, to the CV Database Service or you are in material breach of the Terms and you fail to rectify such breach within 7 days of our notifying you of your material breach, you will:
a. Return all soft and hard copies of candidates' CVs in your possession and acquired by you from the CV Database Service to GNM within 2 days of receiving notiﬁcation of termination; or
b. At GNM's request destroy all soft and hard copies of candidates' CVs in your possession and acquired by you from the CV Database Service and provide to GNM a certiﬁcate of destruction signed by one of your directors conﬁrming such destruction, within 7 days of receiving notiﬁcation of termination.
33. You will not be subject to the provisions of paragraph 32 in respect of any candidate of which you employ or who sent you his/her CV directly rather than via the tools provided on the Website.
34. As a recruiter with Guardian Jobs, your details will be entered onto our customer database. We will use your details to communicate information about Guardian Jobs services. If you do not wish to receive information about Guardian Jobs services including changes to pricing and processes, you can unsubscribe by emailing us at firstname.lastname@example.org.
36. If any term under these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not aﬀect the other provisions of these Terms which shall remain in full force and eﬀect. If any provision of these Terms is so found to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modiﬁcation(s) as may be necessary to make it valid.
37. Except insofar as this Agreement expressly provides that a third party may in his own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms but this does not aﬀect any right or remedy of a third party which exists or is available apart from that Act.
38. To the extent that the Employment Agencies Act 1973 and/or the Conduct of Employment Agencies and Employment Business Regulations 2003 apply to the Services, GNM acts in the capacity of an employment agency. GNM will not however introduce or supply candidates to you and nor does GNM have authority to act on your behalf. Details of all fees payable are set out above.
39. These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted. Details of variations will be posted below. You will be deemed to have accepted a variation to these Terms if you continue to use the Website and/or one or more of the Services after a variation has been made.
40. You may not resell, assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this contract or any other rights under this contract or sub-contract any and all of its obligations under it or purport to do any of the same. Any attempt to do the foregoing shall result in immediate termination of your right to use the Services, and payment of any and all amounts due hereunder without liability to GNM and without prejudice to its other rights and remedies. Any purported assignment in breach of this paragraph shall confer no rights on the purported assignee.
41. This Agreement shall be governed by and construed in accordance with English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.
"Updated February 2016 reﬂecting details of the Candidate Database Service and including amends to clause 20 regarding advertising copy".
“Updated May 2018 to reﬂect the General Data Protection Regulation and Data Protection Act 2018”.
"Updated March 2021 to reflect current product details and update links to policies and legislation, to include provisions where a party is acting as an agent and restrictions regarding use of the Website including to prohibit the extraction and scraping of data and the downloading of CVs in excess of daily limits and to ensure that the use of the Websites and the Services is lawful."
Contact Us London: 020 3353 3400
Or go to: theguardian.com/advertising/jobs
Guardian News & Media Limited. Registered in England and Wales. No. 908396. Registered oﬃce: PO Box 68164, Kings Place, 90 York Way, London, N1P 2AP