Terms and conditions
WEBSITE TERMS AND CONDITIONS OF USE FOR RECRUITERS
1.1 The website www.researchjobfinder.com (the “Website”) is operated by the Market Research Society (“MRS”). MRS are registered in
1.2 These terms and conditions (“Terms”) govern the provision by MRS to the Customer of the following services (the “Services”):-
Access to the recruiter section of www.researchjobfinder.com (the “Recruiter Zone”);
Advertising of job vacancies for inclusion on www.researchjobfinder.com using the self-upload application within the Recruiter Zone ("Job Listings");
Advertising on www.researchjobfinder.com for services provided by the Customer or the Customer’s clients (“Website Advertising”);
Access to the MRS’s database of candidate CVs (“Database Access”);
Advertising on mailshots to candidates (“Mailshots”);
Development and maintenance of a Customer Micro-site (the “Micro-site”);
Any and all other recruitment products and services provided by MRS from time to time.
1.3 By using any of the Services, the Customer accepts and agrees to be bound by these Terms. Where any Services are ordered online, the Customer’s acknowledgment email will detail the Services ordered and the rates and will form part of these Terms. Where any Services are provided pursuant to a Sales Order, the Sales Order will detail the Services ordered and the rates and will form part of these Terms.
1.4 Within these Terms, “Advertising Material” means any content or material supplied to MRS by the Customer for inclusion within the Website (including Job Listings and Website Advertising), a Micro-site or any Mailshots; “Customer” means any person or organisation that purchases Services from MRS on their own account or on behalf of another party; and “Sales Order” means an order in a form prescribed by MRS setting out the Services ordered and the cost to the Customer.
2.0 Access to the Recruiter Zone
2.1 MRS allows the Customer to access the Recruiter Zone on the basis that:
(i) The Customer’s password is personal to the Customer and may not be used by any third party to access the Recruiter Zone or otherwise shared with or disclosed to any third party. If the Customer becomes aware that any third party has access to its password, the Customer will immediately notify MRS and MRS shall provide the Customer with a new password as soon as reasonably practicable. The Customer shall at all times ensure that its password is safe and secure;
(ii) The Customer will not do anything which would assist anyone who is not a registered user of the Service to gain access to the Recruiter Zone;
(iii) The Customer do not maliciously create additional accounts for the purpose of abusing the functionality of the site, or other users nor do the Customer seek to pass yourself off as another user.
3.0 Submission of Advertising Material
3.1 The Customer will be solely responsible for uploading Job Listings. Publication of all Advertising Material remains at MRS's sole discretion and MRS reserves the right without liability to the Customer to make additions, amendments or deletions to the content of any Advertising Material if such Advertising Material is considered to contain any unsuitable material or material which is contrary to these Terms.
3.2 The Customer will be responsible for ensuring that all information in relation to Advertising Material is correct including the content of the Advertising Material, the duration for which the Advertising Material should be available and the categorisation of any Job Listing. The Customer must not request bank details of financial information from jobseekers responding to a Job Listing.
3.3 The Customer grants MRS a non-exclusive, perpetual, royalty-free, worldwide licence in respect of the Advertising Material as necessary to allow MRS to provide the Services.
3.4 The Customer grants MRS a royalty free non-exclusive licence to publish the Advertising Material and to use such of the Customer's names, trade marks and/or logos as MRS considers necessary in connection with the provision of the Services.
3.5 The Customer hereby warrants, represents and undertakes to MRS that:
(i) the Advertising Material is not contrary to the provisions of any applicable law or regulation, is not libellous, blasphemous, racially inflammatory, offensive or obscene in any way and does not contravene any third party rights (including without limitation any intellectual property rights);
(ii) without limiting paragraph (i) above, the Advertising Material will comply with such other guidelines as MRS may notify to the Customer from time to time;
(iii) it has or will have obtained prior to uploading or submitting any Advertising Material all necessary rights, consents, licences, clearances and waivers in relation to the Advertising Material (and all content thereof) to enable MRS to publish the Advertising Material and, as between MRS and the Customer, the Customer shall be solely responsible for any and all payments due to third parties as a result of such publication;
(iv) the Advertising Material will not be prejudicial to the image or reputation of MRS or the Website;
(v) nothing contained in the Advertising Material will constitute an invitation or inducement to engage in investment activity within the meaning of the Financial Services and Markets Act 2000;
(vi) all Advertising Material submitted 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 Advertising Material 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;
(vii) the Customer has complied and will comply with the terms of the Data Protection Act 1998 and has 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 in relation to obtaining, storing and using any personal data derived from responses to the Job Listing(s) or otherwise in connection with your use of the Services;
(viii) the Customer 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 who accesses the Advertising Material, irrespective of whether any such device has been enabled by such user to receive cookies;
(ix) MRS reserves the right in its sole discretion and without liability to the Customer to remove or reject any Advertising Material that it considers unsuitable or contrary to these Terms and to remove or reject any Advertising Material for any Customer who has not paid any sums due for any advertising on any of the Websites. The Customer shall remain liable for all charges. Any acceptance of a Sales Order by MRS shall not be deemed to constitute an acceptance by MRS that Advertising Material is provided in accordance with these Terms and shall not constitute a waiver of MRS's rights hereunder;
(x) if, for any reason, MRS believe that the Customer has not complied with these Terms or is abusing the Service in any way, MRS may, at its discretion, cancel, suspend or otherwise restrict the Customer’s access to the Service immediately and without giving the Customer any advance notice and remove any Advertising Material posted by the Customer; and
(xi) to enable MRS to provide Website Advertising, Micro-site or Mailshots, the Customer must provide Advertising Material compliant with these Terms not less than four working days before the date upon which the Website Advertising, Micro-site or Mailshot is to go live. The Customer accepts that MRS shall have no liability for failure to meet agreed dates where compliant Advertising Material is not supplied timeously and that it may continue to be liable for the amount set out in the Sales Order.
4.0 Database Access
4.1 All rights in and to MRS’s database of candidate CVs shall belong to MRS and the Customer acknowledges and accepts that it acquires no rights to the data or the database except as provided hereunder. Where this Service is provided to a Customer, MRS grants to the Customer a revocable, non-exclusive, royalty-free, worldwide licence to exploit the database as follows:-
(i) to use, search or download the database for the purpose of identifying suitable candidates for specific job vacancies advertised on the Website; and
(ii) contacting suitable candidates in relation to specific job vacancies advertised on the Website.
4.2 For the avoidance of doubt, the Customer is not permitted to supply, sell or license any data contained in the database (or copies of it), or transfer any rights it has to the database, to any other person. The Customer shall not contact (or permit or procure others to contact) any persons whose details appear on the database other than for the purpose of contacting suitable candidates for specific job vacancies advertised on the Website.
4.3 The Customer warrants that it will comply with its obligations under the Data Protection Act 1998 and any other applicable laws, regulations or codes governing the processing of Personal Data (as defined in the Data Protection Act 1998) and further warrants that it has in place appropriate technical and organisational measures to prevent the unauthorised or unlawful processing of Personal Data.
5.0 Commencement of the Service
5.1 MRS will not commence the provision of a Service pursuant to a Sales Order until the Customer has returned the applicable Sales Order confirming that it is correct and that the Customer has read and accepted these Terms.
6.0 Prices and Payment
6.1 These Terms may vary depending on what payment method the Customer uses.
6.2 In relation to Job Listings, Customers may purchase credits to allow them to upload Job Listings to the Website. Credits may be used within 12 months from the date they are purchased. Job Listings will remain live for one month from the date first uploaded. Any extension of this time will be charged as a new Job Listing.
6.3 In relation to other Advertising Material, the nature and extent of the Services ordered are set out on the Sales Order, which forms part of these Terms.
1. Online Prepayment Using Worldpay
All Job Listings are accepted on the basis that they will be paid for at the applicable rates set out on the Website when the Customer submits its order and will be confirmed online once the order process has been completed. Payment shall be taken by credit/debit card at the time the Customer’s order is received by MRS. If MRS is unable to fulfil the Customer’s order, MRS will contact the Customer and the Customer will be refunded any payment it has made in accordance with our Refund Policy. MRS accepts the following cards: Visa, Mastercard, Solo and Maestro. All payments shall be made in sterling and without deduction or withholding of any fund, other than as required by law. All rates are subject to addition of VAT and/or other applicable sales or other taxes (VAT No. GB 239 8954 04).
2. Prepayment by Telephone
All Job Listings are accepted on the basis that they will be paid for at the applicable rates set out in Sales Order sent to the Customer when MRS acknowledge its order. Payment shall be taken by credit/debit card at the time the Customer’s order is received by MRS. If MRS is unable to fulfil the Customer’s order, MRS will contact the Customer and the Customer will be refunded any payment it has made in accordance with our Refund Policy. MRS accepts the following cards: Visa, Mastercard, Solo and Maestro. All payments shall be made in sterling and without deduction or withholding of any fund, other than as required by law. All rates are subject to addition of VAT and/or other applicable sales or other taxes (VAT No. GB 239 8954 04).
3. Payments in Arrears
By prior agreement, MRS may accept payment in arrears. The Customer will need to contact MRS to arrange this. MRS may undertake a credit reference check against the Customer’s name before agreeing to payment in arrears. Where MRS do agree to this arrangement, all Job Listings are accepted on the basis that they will be paid for at the applicable rates set out in the Sales Order sent to the Customer when MRS acknowledge the Customer’s order. MRS will promptly issue the Customer with an invoice after their Sales Order has been accepted. The Customer agrees to pay MRS within 30 days of receipt by the Customer of an invoice from MRS. Late payment will entitle MRS to suspend any or all of the Service. All payments shall be made in sterling and without deduction or withholding of any fund, other than as required by law. All rates are subject to addition of VAT and/or other applicable sales or other taxes (VAT No. GB 239 8954 04).).
4. Customers with Accounts
By prior agreement, MRS may agree to permit the Customer to order Services on account. The Customer will need to contact MRS to arrange this. MRS may undertake a credit reference check against the Customer’s name before agreeing to this. Where MRS do agree to this arrangement, all Job Listings are accepted on the basis that they will be paid for at the applicable rates set out in the Sales Order sent to the Customer when MRS acknowledge its order. MRS agrees to invoice the Customer and the Customer agrees to pay MRS in accordance with the terms set out within the Sales Order. Late payment will entitle MRS to suspend any or all of the Service. All payments shall be made in sterling and without deduction or withholding of any fund, other than as required by law. All rates are subject to addition of VAT and/or other applicable sales or other taxes (VAT No. GB 239 8954 04).
7.1 In the event that MRS's publication of the Website, Micro-site or Mailshots is restricted, curtailed or prevented by any applicable law or regulation or any other act or thing beyond MRS's control, MRS may terminate this Agreement forthwith (in whole or in part) without prejudice to MRS's right to be paid any monies due as at the date of termination.
7.2 MRS accepts no liability for any delay or disruption whilst using the Service or for any loss or damage to any Advertising Material or any loss or damage caused by any error or technical fault in respect of the submission of any Advertising Material.
7.3 MRS shall not be responsible for any addition or amendment to, deletions from, delays in publication or withdrawal of any Advertising Material required by any competent authority having responsibility for the regulation of online recruitment advertising or otherwise by MRS pursuant to these Terms.
7.4 MRS does not guarantee the continued and uninterrupted availability of the Service and accepts no liability for any unavailability including without limitation due to technical errors or faults. In any event, MRS shall have no liability for any failure or delay affecting the transmission of any Website or Micro-site and any Advertising Material incorporated in it, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of MRS.
7.5 MRS shall not be liable in contract, delict (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 the Customer arising out of or in connection with any matter hereunder. For the avoidance of doubt, nothing in these Terms shall operate to limit or exclude MRS's liability for death or personal injury resulting from its own negligence or for fraud. The Customer will indemnify MRS and agrees to keep MRS 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 and/or the use or publication of the Job Listing by MRS in accordance with these Terms.
8.0 Cancellation and Refund Policy
8.1 In respect of any Services cancelled by the Customer after MRS have accepted the Customer’s order, the Customer will be liable for the full cost of the Services.
8.2 In respect of any Services cancelled by the Customer before MRS has accepted the Customer’s order, MRS may at its discretion provide the Customer with a refund of payments made, subject to deducting any reasonable costs that MRS may have incurred.
8.3 If MRS cannot fulfil an order, or is unable to perform the Services (or part thereof) for any reason other than the Customer’s fault, negligence or non-compliance with these Terms, MRS will refund any payments that the Customer has made in relation to those Services (or part thereof).
9.0 Data Protection
These terms may be varied from time to time. The Customer should ensure that it reviews these terms and conditions regularly as it will be deemed to have accepted a variation if it continues to use the site after it has been posted. Details of variations will be posted below. The Customer may not resell, assign, sub-license or deal in any other manner with this contract or any rights under this contract or sub-contract any or all of its obligations under it or purport to do any of the same. Any attempt to do any of the foregoing shall result in immediate termination of this contract, and payment of any and all amounts due hereunder without liability to MRS and without prejudice to its other rights and remedies. Any purported assignation in breach of this paragraph shall confer no rights on the purported assignee. 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.
11.0 Contact Us
Should the Customer have any questions or concerns about these Terms, please e-mail MRS at firstname.lastname@example.org or write to us at MRS,
Version: April 2009