Terms and Conditions
Terms and Conditions for advertisers
1. These terms and conditions (the "Terms") govern your agreement with GNM (the "Agreement") for your use of the following services on the website currently located at: http://www.jobs.theguardian.com (the "Website"):
a. The Advertising Service
b. The CVmatch Service known as the CV Database Service; and
c. The Jobmatch Service,
each as defined below. The Advertising Service, the CV Database Service and the Jobmatch 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.
The Advertising Service
2. The advertising service (the "Advertising Service") is the service provided by GNM which allows recruiters (or the advertising agency or media buyer for such recruiter) to place and access their 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://www.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 Guardian News & Media Limited ("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 are required to terminate this Agreement under paragraph 34 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 CV’s will be subject to daily limits imposed by GNM. You acknowledge that our provision of candidate's CVs to you is conditional on the candidates providing GNM with a licence on such terms as will entitle GNM to licence their CV on to you.
The Job Match Service
7. The job match service (the "Job Match Service") is the service provided by GNM through which GNM will, on behalf of the recruiter, contact suitable candidates, who have supplied their CVs to the GNM Candidate database, with details of an Advertisement placed by the recruiter on the Website.
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 a recruitment agent acting for a recruiter;
b. your password is personal to you and may not be used by any third party to access any of the Services or otherwise shared with or disclosed to any third party. 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;
f. if, for any reason, we believe that you have not complied with these Terms or are abusing the Services in any way, 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 or any information you receive under the Services in respect of a candidate on the GNM Candidate database to a third party provided that advertising agencies or media buyers for recruiters may sell, sub-licence, sub-contract or rent the information they receive under the Services to the specific recruiters who have engaged them ;
c. You will not create a marketing list (other than for jobs) 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 registered with the Information Commissioner's Office (or you warrant that you are exempt) for the purpose of processing and controlling personal information and you have complied and will comply with the terms of the Data Protection Act 1998 and have and will comply with all relevant requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any guidance issued by the Information Commissioner; and
f. Without prejudice to the provisions of paragraph 9e, you will keep all candidates' personal information confidential.
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; and
b. delete a candidate's CV from your database if they request you to delete it, within a reasonable time following such 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 CV’s will not be accessible due to candidates’ preferences.
12. To purchase a candidate's CV you will need to submit payment by means of a valid credit or debit card or you will need to set up an invoiced account before your payment can be processed. Once we have validated your credit/debit card you can either: (i) pay for a candidate's CV using your credit card or (ii) purchase credits for your account on the Website which will enable you to buy CVs using credits.
13. 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.
14. Please note that refunds are not available in respect of CVs purchased using the CV Database Service.
SPECIFIC TERMS RELATING TO THE JOBMATCH SERVICE
Your Use of the Jobmatch Service
15. All Advertisements provided to GNM by you under the Jobmatch Service will be only be accepted by GNM provided you have complied with the provisions of paragraphs 19 and 20 below.
16. Under the Jobmatch Service GNM will send your Advertisement to candidates we have selected on our GNM Candidate database who match your specified criteria. Please note that we cannot guarantee that such candidates will respond to your Advertisement.
17. The applicable rates for using the Jobmatch Service 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.
SPECIFIC TERMS RELATING TO THE ADVERTISING SERVICE
Access to the Advertising Service:
18. 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 or 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
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.
Your Use of the Advertising Services:
19. 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 or 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 of financial information from jobseekers responding to an Advertisement.
20. 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 the you contracts with the 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. in relation to any investment Advertisement, you are, or its contents have been approved by, an authorised person within the meaning of the Financial Services Act 1986, or the Advertisement is otherwise permitted under that act;
k. 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.
l. 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.
m. Your advertising copy will be for authentic positions with accurate details and shall not contain “spam” content (overly repeated words to improve search rankings).
n. You will categorize all jobs correctly (GNM reserves the right to re-categorize jobs if the chosen categories are deemed as inappropriate).
21. 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.
22. 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.
23. 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.
FURTHER GENERAL TERMS
24. 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 CVmatch 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 and the Jobmatch 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 firstname.lastname@example.org. 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
25. 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.
26. GNM shall provide at least two (2) working days' notice to you of GNM's intention to conduct an audit.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. In addition to GNM's rights under paragraphs 8e and 27 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 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
35. Subject to paragraph 36 below, in the event GNM terminate your access to the CVmatch Service you will 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:
a. Return all soft and hard copies of candidates' CVs in your possession and acquired by you from the CVmatch Service to GNM within 2 days of receiving notification of termination; or
b. At GNM's request destroy all soft and hard copes of candidates' CVs in your possession and acquired by you from the CVmatch 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.
36. You will not be subject to the provisions of paragraph 35 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.
37. 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 email@example.com
38. GNM are committed to protecting your privacy and comply with the 1998 Data Protection Act. We will not share your details with others without your prior consent.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. 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".
London: 020 3353 3400
Edinburgh: 0131 272 2751
International: +44 20 3353 2116
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