1. Definitions
1.1. In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:-
Advertisement
any Advertisement issued by Jobsite on behalf of the Client;
Applicant
a Candidate who applies for a vacancy advertised on the Site;
Application
an Application made by a Candidate to a vacancy advertised on the Site;
Applicant
a Candidate who applies for a vacancy advertised on the Site;
Candidate
a person who uses the Site for the purpose of finding employment;
Client
the person(s) who have signed a Service Agreement for use of the Jobsite Site and Services;
Conditions
these Standard Terms and Conditions;
CV
the curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is
provided to Jobsite by a Candidate for distribution to Clients with a view to securing employment;
CV Online
a CV Service which enables the Client to search for and view CVs online using various search criteria;
CV Service
CV Online and CV Watchdog;
CV Watchdog
a CV Service which enables the Client to receive the latest CVs via email;
End Client
the person to whom the Client's services are provided;
Featured Jobs-by-Email
an enhancement of Jobs-by-Email which matches and sends individual Client career opportunities via email to Candidates who have subscribed to the Jobs-By-Email service;
Jobsite
Jobsite UK (Worldwide) Limited (company number 03097157);
Jobs-by-Email
a service which matches and sends vacancies via email to Candidates who have subscribed to this service;
MyJobsite
a personalised page of the Site where a Candidate may access their own personal details, their CV, and a range of other services;
Registration
the process a Candidate completes in order to store and save their details and CV on Jobsite, for the purposes of securing employment;
Services
the Services which Jobsite has agreed to provide to the Client and the Services which are available on the Site for use by Candidates;
Service Agreement
the service agreement entered into between the Client and Jobsite;
Site
the Site at www.jobsite.co.uk or any other website operated and maintained by Jobsite from time to time;
1.2 In these Conditions:
1.2.1. references to any statute or statutory provision shall, unless the context otherwise requires be construed as a
reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or
replaced;
1.2.2. references to the masculine include the feminine and the neuter and the singular include the plural and vice versa
as the context admits or requires;
1.2.3. words importing persons include individuals, bodies corporate and unincorporate; and
1.2.4. headings will not affect their construction.
2. Application of the Terms
2.1. These Conditions to the exclusion of all previous terms and conditions issued by
Jobsite shall apply to any Candidate who uses Jobsite after the date on which these Conditions
were posted on the Site.
2.2. These Conditions are deemed to be fully read, understood and accepted by the Candidate upon acceptance of these Conditions during Registration, or in the case of a Candidate who has not completed Registration, when an Application is made.
2.3. 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 Jobsite.
3. Services Generally
3.1. Jobsite does not make any representation whatsoever about any Advertisement accessed
either on, by virtue of or by way of any links from the Site nor about any of the Clients who
use Services on the Site. Jobsite relies on information provided to it by Clients and via
third parties and accordingly it is a matter for the Candidate to satisfy itself as to the
suitability of any Client using Services on the Site or of any Advertisement found directly
or indirectly through the Site.
3.2. Jobsite shall be entitled at anytime without notifying the Candidate 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
3.3. Any intellectual property, ideas, concepts, know-how or techniques developed by
Jobsite or obtained during the execution of the Services will be owned exclusively by Jobsite.
3.4. Jobsite 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.
3.5. The Candidate accepts that Jobsite shall not be liable for any failure to provide
the Services (or any part thereof) as a result of the Candidate's failure to comply with these
Conditions.
3.6. The Candidate agrees to provide Jobsite, in such a format as Jobsite may request, any
information necessary to enable Jobsite to provide those Services.
3.7 Jobsite shall not be obliged to provide those Services until the Candidate has supplied it with the information, necessary to provide those Services.
4. Jobs by Email
If the Candidate has signed up to receive Jobs-By-Email, the provisions of this clause 4 shall apply thereto.
4.1. Jobs-By-Email are sent at least once a day to candidates with search criteria matching posted or renewed vacancies and each Jobs-By-Email
will contain a limited listing of live vacancy Advertisements posted or renewed since the last Jobs-By-Email sent to the Candidate and matching
the Candidate's search criteria.
4.2. Featured Jobs-By-Email are sent periodically and contain highlighted career opportunities with individual Client's that match the Candidate's search criteria.
4.3. The Candidate accepts that Jobsite cannot guarantee the number of vacancy Advertisements distributed in the Jobs-by-Email and that no obligations are imposed on Jobsite in this regard.
5. CV's
If the Candidate has saved their details and stored a CV on Jobsite, the provisions of this clause 5 shall apply thereto.
5.1. 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 and Jobsite will only make available or
supply copies of the CVs which have been received by it for distribution to Clients of Jobsite
solely for the purpose of securing suitable employment for the Candidate.
5.2. The CV Watchdog service will (under normal circumstances) be delivered to the Client
by email on a once per day basis and such email will include all CVs identified by the search
strings selected by the Client.
5.3. The CV Online service will (under normal circumstances) be available to the Client at
all times and will allow the Client access to all distributable CVs on the Site.
5.4. Jobsite cannot guarantee the minimum number of times a CV will be viewed by or
distributed to Clients on any given day.
5.5. Jobsite will (under normal circumstances) ensure that CVs are made available to the
Client via CV Watchdog 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 via CV Online.
5.6. Jobsite may, at its discretion and without notice, report improper or illegal use of
CVs or the Services by the Candidate to its Clients.
5.7. Jobsite has the right at its sole discretion to decline to distribute or forward, or
to suspend or remove any Candidate information or CV accepted by it.
5.8. Jobsite may refuse, withdraw, or require to be amended, any Candidate information or
CV which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral
obligations placed upon Jobsite or the Candidate or to avoid infringing a third party's rights
or any statutory or regulatory requirements or is designed to or is likely to cause disruption
to any computer system or network.
5.9. The Candidate hereby undertakes that:
5.9.1 the details and CV they store and save on Jobsite are a true and accurate reflection of
their education, employment, training history and that their personal details are correct;
5.9.2 that if any of the information stored and saved on Jobsite for the purposes of
securing employment is found to be false or inaccurate in any way, that Jobsite reserves the
right to remove those details and/or suspend the use of the Services on the Site for the
Candidate;
5.9.3 in respect of any information or CV submitted by the Candidate 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
the Candidate has obtained the authority of such living person to make use of such name,
representation and/or copy;
6. Applications and Applications Forms
If the Candidate makes an Application or is required to complete an Application Form
as part of an Application, the provisions of this clause 6 shall apply thereto:
6.1. The Candidate hereby undertakes that:
6.1.1. they have fully read and understood the requirements of a vacancy Advertisement
on the Site to which they make an Application;
6.1.2. they have the appropriate skills and qualifications required by the Client
and the necessary qualifications required by law;
6.1.3. they satisfy or will attend to the necessary immigration requirements of
the country in which the position will be situated;
6.1.4. the details they provide to the Client as part of an Application or in an
Application Form are a true and accurate reflection of their education, employment,
training history and that their personal details are correct;
6.1.5. that if any of the information used in an Application or Application Form
is found to be false or inaccurate in any way, that Jobsite reserves the right to
remove those details and/or suspend the use of the Services on the Site for the
Candidate;
6.1.6. in respect of any information submitted during the Application by the Candidate
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, the Candidate has obtained the authority of such living person to make use
of such name, representation and/or copy.
6.2. Jobsite has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Application accepted by it.
6.3. Jobsite may refuse, withdraw, or require to be amended, any Application which is
illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations
placed upon Jobsite or the Candidate or to avoid infringing a third party's rights or any
statutory or regulatory requirements or is designed to or is likely to cause disruption to any
computer system or network.
6.4. When a Candidate makes an Application through the Site, Jobsite will pass the
Candidate's details to the Client who placed the Advertisement for the purpose of that one
Application only.
6.5. The Candidate accepts that Jobsite cannot be held responsible for the content of Advertisements
on the Site and that no obligations are imposed on Jobsite in this regard.
7. Candidates Obligations
7.1. The Candidate agrees that:
7.1.1. it has read, understood and agrees to the Privacy Statement on the Site;
7.1.2. it will keep confidential and not disclose to any person the password used by them in relation to the Services;
7.1.3. it will be responsible for any misuse of all such passwords.
8. Liability
8.1. Jobsite will not be liable (whether in contract or tort) for:
8.1.1. any loss of copy, artwork, photographs, data, CVs or other materials that the
Candidate supplies to Jobsite and the Candidate shall be responsible for retaining in
its possession sufficient quality and quantity of such materials for whatsoever purposes
it may require;
8.1.2. any mistakes or errors whatsoever that arise during the course of use of
the Services or any loss of information or data or any damage thereto in each case as a
result of circumstances beyond its reasonable control or which arise as a result of the
acts or omissions of the Candidate;
8.1.3. for any failure to secure employment or consequential loss (whether caused by
the negligence of Jobsite, its employees or agents);
8.1.4. any delay, costs, expense, loss, damage or liability (including without limitation
as a result of any hardware failure, provision or use of software, virus, deletion, corruption,
loss or removal of data) howsoever caused arising from any matter beyond the reasonable control
of Jobsite or as a result of the acts or omissions of the Candidate;
8.1.5. any loss or damage whatsoever howsoever caused arising out of the negligence, dishonesty,
misconduct, breach of faith, incompetence, or the wrongful disclosure of confidential
information by, any Client. It is for the Candidate to satisfy itself as to the integrity
and reliability of all vacancy Advertisements placed on the Site;
8.1.6. any breach of agreement or infringement or violation of any right of any person or
be rendered liable to any proceedings whatsoever, as a result of any information or CV or
Application submitted to it by the Candidate and the Candidate indemnifies Jobsite against
all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Jobsite
as a result of this undertaking and warranty being incorrect.
8.2 Nothing in these Conditions will restrict or exclude Jobsite's liability for death or
personal injury caused by its own negligence.
8.3 The Candidate agrees and acknowledges that no condition, warranty or representation of
any kind is, has been, or will be, given by or on behalf of Jobsite in respect of or in connection
with the Services and accordingly the Candidate confirms that it has not, in accepting these
Conditions, relied on any condition, warranty or representation by Jobsite or any person on its
behalf, express or implied, whether arising by law or otherwise in relation to or in connection
with the Services. The benefit of any such condition, warranty or representation by Jobsite is
hereby irrevocably and unconditionally waived by the Candidate.
9. Termination and Cancellation
9.1 These Conditions apply unless replaced by subsequent Conditions or unless terminated under
Clause 9.2 of these Conditions.
9.2. Either party may, at its sole discretion, terminate the provision of the Services to
the Candidate at any time by notice in writing to the other party (the "Defaulting Party") if
the Defaulting Party is in breach of these Conditions and fails to remedy such breach within
14 days of notice from the other party requiring it to be remedied.
9.3. The Candidate shall be responsible for all reasonable costs, claims, damages, loss,
expenses and liabilities incurred by Jobsite arising out of the Candidate's breach of its
obligations under these Conditions (including, without limitation, on a solicitor and own
client basis, any legal fees and disbursements reasonably incurred by Jobsite).
10. Notices
10.1. Notice required or permitted to be given under these Conditions shall:
10.1.1. 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; or
10.1.2. be in the form of an email addressed to Jobsite at help@Jobsite.co.uk
(or such other address as supplied by Jobsite) or if to the Candidate, to the address provided
in the Candidate's details submitted during Registration or as subsequently amended and the
Candidate will be deemed to have received such notification within one hour of transmission.
10.2. The Candidate is responsible for notifying Jobsite of any changes to its email address.
Such notification shall request an acknowledgement of receipt and shall be confirmed in writing
and sent to Jobsite by email.
11. General
11.1. 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.
11.2. Any waiver by Jobsite of any breach of, or any default under, any provision of
these Conditions by the Candidate will not be deemed to be a waiver of any subsequent
breach or default and will in no way affect the other terms of these Conditions.
11.3. Failure or delay by Jobsite in enforcing or partially enforcing any provision
of these Conditions will not be construed as a waiver of any of its rights under these
Conditions.
11.4. The parties to these Conditions do not intend that any clause of these Conditions
will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any
person that is not a party to it.
12. Law
12.1. 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:
THIS SCHEDULE REPLACES ALL PREVIOUS SCHEDULES TO THESE TERMS AND CONDITIONS.
