Terms & Conditions
Important information for all vistors and advertisers
This web site is owned and operated by JIK Software 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.
The information and services available on the site are provided for the sole purpose of assisting individuals in finding employment and making career decisions and to assist employers in recruiting staff. You may use, print and/or download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site.
All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to JIK Software Limited. Use of the site does not give you any proprietary rights in such materials.
We do not give any warranty or other assurance as to the operation, quality or functionality of the site. Access to the site may be interrupted, restricted or delayed for any reason. We also do not give any warranty or other assurance as to the jobs and content of the material appearing on the site, its accuracy, completeness, timelessness or fitness for any particular purpose.
To the full extent permissible by law, JIK Software Limited disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on our site, or from any action or decision taken as a result of using our site or any such material.
Our site contains links to external sites. We are not responsible for and have no control over the content of such sites. Information on our site, or available via hypertext link from our site, is made available without responsibility on the part of JIK Software Limited. JIK Software Limited disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from our site.
Advertisers are responsible for ensuring that material submitted for inclusion on our site complies with all relevant laws and regulations. JIK Software Limited will not take responsibility for any error, omission or inaccuracy in advertising material.
We accept no responsibility or liability for the contents of advertisements and expect candidates to carry out such verification procedures as are customary and prudent in the circumstances.
Services and information provided on the site by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee their suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on the site in circumstances which may result in loss or damage.
We try to ensure continuous availability of the site and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. We may, additionally, alter the design and specification of the site at any time.
Limitation of liability
Our liability, and the liability of our third party suppliers, for any loss or damage suffered by you as the result of your use of this site is limited to your actual direct damages and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss. As required by law, this exclusion does not extend to death or personal injury caused by our negligence.
These terms and conditions shall be interpreted in accordance with English law and all disputes shall be decided by the English courts.
Advertiser Terms & Conditions
In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:
Any advertisement issued by JIK Software Limited on behalf of the Client.
A Client who in relation to the Services is receiving them on behalf of an End Client or is directly or indirectly providing the Services on to an End Client.
A Candidate who applies for a vacancy advertised on the Site.
A service whereby a Client's message, optionally linked to a page on the internet, is displayed in a graphical format.
A person who uses the Site for the purpose of finding employment.
The company, firm or organisation which has set up an account with the Site in order to use the Services.
The contract for the supply of any Services by JIK Software Limited to the Client comprising these Terms & Conditions and a Service Agreement.
The curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is provided to JIK Software Limited by a Candidate for distribution to Clients with a view to securing employment.
A CV Service which enables the Client to search for and view jobseeker profiles and/or CVs online using various search criteria, subject to fair use policy.
The person to whom the Client's services are provided.
Each calendar month during the Term and for these purposes, the first month begins from the Start Date and ends on the day preceding the day numerically equivalent to the Start Date in the following calendar month. If there is no such date in the following calendar month, then the first month ends on the last day of the first month ("Month End Date"). All subsequent months will all have the same Month End Date, or the last day of that subsequent month if earlier.
An Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made thereunder).
The services which JIK Software Limited has agreed to provide pursuant to the Service Agreement and these Conditions.
Any website operated and maintained by JIK Software Limited which JIK Software Limited may designate for the purpose of the Contract.
The start date for the provision of the Services as referred to and identified in the Service Agreement and/or invoice for those Services.
The term of the Contract as specified in the Service Agreement.
Application of the Terms
These Conditions to the exclusion of all previous terms and conditions issued by JIK Software Limited shall apply to any Service Agreement entered into after the date on which these Conditions were posted on the Site.
These Conditions are deemed to be fully read, understood and accepted by the Client upon receipt of a booking.
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 JIK Software Limited.
JIK Software Limited shall be entitled at anytime without notifying the Client 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 JIK Software Limited or obtained during the execution of the Services will be owned exclusively by JIK Software Limited.
With effect from the Start Date JIK Software Limited shall provide the Services for the Term subject to the provisions of these Conditions. JIK Software Limited 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 the Client accepts that it shall still be responsible for the payment of the Fees as if the Services had been properly provided.
The Client accepts that:
If the Services include an Advertisement then the provisions of this clause 4 shall apply thereto.
All Advertisements are to be entered online by the Client or sent to JIK Software Limited in writing.
The Client agrees to provide JIK Software Limited, in such a format as JIK Software Limited may request, any information, design work, artwork and logos necessary to enable JIK Software Limited to provide those Services.
JIK Software Limited shall not be obliged to provide those Services until the Client has supplied it with the information, design work, artwork and logos necessary to provide those Services. If the Client fails to supply JIK Software Limited with the information then clause 3.5 shall apply.
Advertisements will remain live on the Site and available for searching via the internet for the number of Months requested by the Client.
Any Advertisement placed on the Site and removed by the Client and will be charged for the remainder of that Month as if such cancellation had not occurred and the Services had been properly supplied in full.
JIK Software Limited may edit, remove or refuse to publish any Advertisement:
If the Services include Banner Advertisements, the provisions of this clause 5 shall apply thereto.
Banner Advertisements must not exceed thirty thousand bytes in size.
Banner Advertisements designed by JIK Software Limited will be static banners. Animated banners may be used if they are supplied complete to JIK Software Limited by the Client at the Client's own expense and conform with the parameters set out by JIK Software Limited. JIK Software Limited will not accept any banners produced in Flash graphics.
If the Services include CV Search, the provisions of this clause 6 shall apply thereto.
The Services are subject to any instructions from a Candidate that his or her details should or should not be made available to the Client. In the event that JIK Software Limited has reason to believe or suspect that its CV Search are being abused by the Client, including but without limitation to the breach of this clause 6, JIK Software Limited reserves the right to immediately suspend or terminate the Contract.
The CV Search will (under normal circumstances) be available to the Client at all times and will allow the Client access to all available CVs on the Site.
JIK Software Limited cannot guarantee the minimum number of new CVs available on any CV Search on any given day.
JIK Software Limited will (under normal circumstances) ensure that CVs are made available to the Client via CV Service within one working day of receipt of the CV from a Candidate, or searchable online within one hour of receipt of the CV from a Candidate online.
In relation to the CV Search the Client shall ensure that no automatic extraction software (to include software tools commonly known as robots and spiders) or any other means, are engaged or deployed, either on a temporary or a permanent basis, or unless specifically requested by the Client and approved in writing by a director of JIK Software Limited, to facilitate the downloading or capturing of volume quantities of CVs from the JIK Software Limited database.
The number of jobseeker profiles available through the CV Search is subject to a fair usage cap. This is 200 per day per advertiser account.
The Client hereby undertakes and warrants to JIK Software Limited that:
No Advertisement contains any data, image or other material which:
The Client acknowledges that:
The Client shall:
JIK Software Limited will not be liable (whether in contract or tort) for:
All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable.
All sums due in respect of the Fees are to be paid, in full, within 30 days of the date of invoice.
Any sums that are paid after said date are liable to additional sums in addition to the Fees. Details are provided with the invoice.
Notice required or permitted to be given under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice.
The Client is responsible for notifying JIK Software Limited of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to JIK Software Limited by first class post or by facsimile.
The Client shall not be entitled to assign the Contract nor any or all of its rights and obligations hereunder.
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.
Once an order is placed, whether via the website, verbally by telephone or by email, it may not be cancelled and must be paid for in full by the due date.
Rolling contracts which auto-renew must be cancelled in writing one calendar month before the auto-renew date. Failure to submit a cancellation by the first day of the month preceding the month in which the renewal occurs means that the contract will auto-renew and the full amount for the renewal period will become due and must be paid in full.
Any advertising 'credits' must be used within 12 months of date of order.
The Contract constitutes the entire agreement between the Client and JIK Software Limited in respect of the Services.
Any waiver by JIK Software Limited of any breach of, or any default under, any provision of the Contract by the Client 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 JIK Software Limited 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.
The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
These Conditions and any contract into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts.
Registered Office: JIK Software Ltd, 58 The High Street, Maidstone, Kent ME14 1SY.
This schedule replaces all previous schedules to these terms and conditions.