My Job Hub

Trading Terms & Conditions

MY JOB HUB LIMITED

TERMS AND CONDITIONS OF TRADING

Please read these Terms and Conditions of Trading very carefully before you use the myjobhub.com website because they constitute a binding contract between us and you and by using the myjobhub.com website you are deemed to have accepted these Terms and Conditions of Trading on each and every occasion that you use our website. You should print a copy of these Terms and Conditions of Trading or save them to your computer for future reference. If you do not accept these Terms and Conditions of Trading, you must not use our website.

1. Definitions

In these Terms and Conditions, the following words and expressions shall have the following meanings:

“Additional Information” means the additional information set out in or attached to the Order Form or Order Confirmation relating to the Services to be provided

“Advertisement Services” means the services provided by the Company to an Advertisement Client

“Advertisement Client” means a Client to whom Advertisement Services are provided

“Applicant” means any person whose details are obtained by a recruitment client

“Candidate” means any person who uses the website to search for, obtain information about and/or apply for a job or who uses the site to upload or create their CV

“Candidate Services” means a Candidate to whom the Candidate Services are provided

"Client" means any person, company, firm or organisation for whom the Services are provided by the Company

"Company/we/us/our" means My Job Hub Limited (Company Number 8128927) whose registered office is situated at Portland House 243 Shalesmoor Sheffield S3 8UG and references to "we", "us" or "our" are references to the Company

"Commencement Date" means the commencement date for the provision of the Services as set out in the Order [Form] [Confirmation]

“Contract” means the Contract in respect of the provision of the Services by the Company to the Client pursuant to these Terms and Conditions and the [Order Form] [Order Confirmation]

"Order Form" means an order from the Client for the Services (“Order”) on a form provided by the Company whether in electronic or any other format and which contains the Additional Information

"Order Confirmation" means the Company’s confirmation of the purchase by a Client of one or more of the Services and which contains the Additional Information

“Partner” means a Partner Client to whom the Partner Services are provided by the Company

“Partner Client” means a Client to whom Partner Services are provided

“Partner Services” means the services provided by the Company to a Partner Client

“Recruitment Client” means a Client to whom Recruitment Services are provided

“Recruitment Services” means the services provided by the Company to a Recruitment Client

"Services" means the services to be provided by the Company to a Client pursuant to the Contract

“Software Licence Client” means a Client to whom the Software Licence Services are provided

“Software Licence Services” means the services provided by the Company to a Software Licence Client

“Term” means the term of the Contract as stated in the Order [Form][Confirmation]

"Terms and Conditions" means these Terms and Conditions of Trading

"Website" means the website operated by the Company known as www.myjobhub.com and includes, without limitation, its content, databases, software, code and graphics

"Writing" means any form of written communication, whether electronic or otherwise

2. Creation of Contract

2.1 The Contract shall come into existence upon the [signing by the Company of the [Order Confirmation] [acceptance in Writing by the Company of the Client’s Order Form]]

2.2 These Terms and Conditions shall be incorporated into the Contract to the exclusion of any terms or conditions stipulated or referred to by the Client

2.3 These Terms and Conditions can be varied at any time by the Company

3. Provision of the Services

The Company will provide the Services as more particularly described in the Order [Form] [Confirmation] in accordance with these Terms and Conditions. The Company reserves the right in its sole and absolute discretion to refuse to offer the Services to any person, firm, company or organisation

4. Financial Provisions

4.1 The Client shall pay the Company the fees set out in the Order [Form] [Confirmation]. The Client shall be responsible for VAT in respect of such fees

4.2 In respect of fixed term contracts, the Company shall be entitled to vary the fees on any renewal of the Agreement

4.3 For rolling contracts, the Company shall be entitled to increase its fees from time to time subject to the Company giving not less than [30] days notice to the Client. In the event of the Company and the Client failing to agree such increase in fees, the Client shall be entitled

4.4 [Save for any Services which are paid for by the Client online], the Company shall issue an invoice to the Client on [formation of the Contract] [as set out on the Order Form] [and in the case of subscription services, at agreed intervals in advance thereafter]. The Client shall pay the Company's invoices in full within 14 days from the date of invoice. In the event of late payment, the Company may suspend any or all of the Services until payment is received. In the event that the Client fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be two working days after the date of such notice), the Company may terminate the Services and all outstanding invoices shall become payable immediately. [In the case of subscription services, the fees in respect of any outstanding minimum term shall also become payable immediately]. For the avoidance of doubt, the Client shall remain liable for payment of all agreed services notwithstanding that such services have been suspended or terminated under this clause. Without prejudice to any other remedy, the Company reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended

4.5 The Company reserves the right to change the fees and/or these Terms and Conditions from time to time provided that no change shall be retrospective

5. Recruitment Clients’ Obligations

5.1 The Client shall at all times during the continuance of this Agreement :

5.1.1 provide accurate and up to date information and criteria to enable the Company to provide the Services. The Client shall ensure that all information that it provides to the Company is accurate, does not contain any misleading items or misrepresentations and does not breach any applicable law

5.1.2 approve all logos, pictures and branding that it wishes to be used on the Site

5.1.3 not use any information regarding [Applicants] for any purpose other than the recruitment of staff for its own internal or group business

5.1.4 not attempt to access any data or any parts of the Company's system which it is not authorised to access

5.1.5 not submit for inclusion in any job posting, or anything to appear on the website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect the Company's reputation

5.1.6 to use the Website and the Services in "good faith", ie to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details

5.1.7 abide by all applicable privacy and Data Protection Law and Regulations concerning the materials submitted by you

5.2 Employment Agencies and Employment Businesses

If the Client is an employment agency or an employment business [as defined by the Employment Agencies Act 1973 ("the Act")], it is the Client's responsibility to ensure that advertisements it places on the Website comply with the Client's obligations under the Act and the various regulations made under the Act together with the all applicable guidelines. The Client agrees to comply with the Act and these Regulations as they affect the conduct of its business and the advertisements it places on the website. Both employment agencies and direct employers must handle all candidate enquiries to their business in accordance with the Data Protection Act 1998 and the Sexual Orientation and Religion or Belief Regulations Act 2003

5.3 Site Rules

The Company has rules regarding the content and format of jobs posted on the Website. Their purpose is to ensure that users who search the Website or the Company's database get results that are presented as clearly and informatively as possible. The Client agrees that the Company may, at its discretion and without liability to the Client, remove from the Website any advertisement that is posted in breach of these Rules. The Rules may change from time to time and the Client is advised to refer to them regularly

5.4 Responses to Advertisements

The Client agrees to deal fairly and professionally with individuals who may respond to an advertisement the Client has posted and not to do anything which brings the Company or the Website into disrepute. The Client agrees to indemnify the Company from and against any claim brought by an individual arising from the Client's breach of this obligation or any other of these Terms and Conditions. The Company does not guarantee any response to the Client's advertisement or that responses will be from individuals suitable for the job advertised. It is the Client's responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications, experience and personal characteristics. The Company recommends that all customer interview shortlist candidates, and compete employer and personal reference checks, as well as criminal record bureau checks for all offered candidates

[The Company uses its best endeavours to ensure that the Website is available to users 24 hours a day 7 days a week. However, at times the Website may be partially or completely unavailable due to technical faults or reasons beyond the Company's control, such as, but without limitation, failures by third party service providers, virus attacks or risk thereof or natural disasters. The Company will deal with these situations as quickly as reasonably possible, but the Client agrees that the Company shall have no financial liability to the Client in the event of such unavailability]

Clients obligations clause : add another point

Ensure that the Client has appropriate equipment and is connected to the appropriate services that enable the Client to post jobs to the Website

If the Client's advertisement is linked to another Site, the Client is responsible for maintaining the links and for the content of its advertisement and the linked Site. The Company may remove from the Website any advertisement that contains content or links to a Site which in the Company's opinion is defamatory or objectionable or will bring the Company into disrepute. The Client shall indemnify the Company from and against any claims or liability arising from content or links contained in the Client's advertisements

Banner Advertising ?

5.5 All copyright, trade marks, patents, data base rights and other intellectual property rights in the Website, the Services and underlying functions are the property of the Company or its licensors, and the Client must not copy, alter or otherwise infringe any such rights

5.6 By submitting a vacancy to the Website, the Client is authorising the Company to post such vacancy and submit candidates ranked by the Company in accordance with the Client’s criteria (if any)

5.7 The Client is responsible for the content of the vacancy and will indemnify the Company against any claim, loss, liability, expense and/or damage (“Losses”) in connection therewith

5.8 The Client shall include in the job description the following information :

5.8.1 any qualifications and/or authorisations required by law or by any relevant professional body;

5.8.2 if the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or

5.8.3 where the Client is an employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy

5.9 The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client’s identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received

5.10 Applicants’ responses will be forwarded by the Company by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in Applicants’ responses and the Company accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying with Applicant’s identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy

5.11 All and any subsequent dealings between the Client and any Applicant in connection with the Applicant’s response to the job posting are the responsibility of the Client, and the Company accepts no liability whatsoever therewith. The Client will indemnify the Company against any Losses in connection therewith

5.12 The Client will comply with all applicable laws, including without limitation : The Data Protection Act 1988 and The Equality Act 2010. By submitting a vacancy to the Website, the Client thereby confirms that the content of the vacancy complies with the Code of Practice on Employment proved by the Equality and Human Rights Commission. The Client shall indemnity the Company against any Losses in connection therewith

5.13 The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 (“the Regulations”) and the Employment Agencies Act 1973 in relation to all vacancies posted on the Company’s Website, communications with Applicants and management of Applicants’ details. The Client shall indemnify the Company against any Losses in connection therewith

5.14 The Client shall not post any vacancy where :

5.14.1 there is a risk to the health and safety of any Applicant at the location where the work is to be performed, unless the Client undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or

5.14.2 the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the candidate to be placed :

a) to obtain copies of any relevant qualifications or authorisations of the candidate;

b) to obtain two references from persons who are not relatives of the candidate; and

c) to take all other reasonably practicable steps, including, without limitation, complying with all relevant laws, Codes of Practice and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned

By posting any vacancy set out in sub-clauses 13.9.1 and 13.9.2 above, the Client is deemed to give the relevant undertakings. Where the Client is an employment business or agency, the Client shall offer copies of the documents obtained under sub-clause 13.9.2 to the hirer

5.15 The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an Applicant and shall hold the Company harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the Applicant it intends to engage (if any) to work for the Client in the vacancy posted

5.16 The Company reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:

5.16.1 those that the Company considers illegal, inappropriate or fraudulent;

5.16.2 those that directly or indirectly require or ask for application or registration fees;

5.16.3 those that advertise franchise, pyramid, network marketing or get-rich-quick schemes;

5.16.4 those that have been indiscriminately posted or duplicated across multiple sectors;

5.16.5 those that advertise websites, services, businesses, business opportunities and/or contact details; and/or

5.16.6 those of clients who solicit staff from any member of the Company’s Group

5.17 The Client shall not resell job postings without the express permission of the Company

6. Software Licence Clients’ Obligations

The Software Licence Clients shall comply with the terms of the Company’s Software Licence from time to time in force in relation to the Software Client Services

7. Advertisement Clients’ Obligations

7.1 The Advertisement Client shall at all times during the continuance of this Agreement undertake that:

7.1.1 provide accurate and up to date information and criteria to enable the Company to provide the Services. The Client shall ensure that all information that it provides to the Company is accurate, does not contain any misleading items or misrepresentations and does not breach any applicable law

7.1.2 approve all logos, pictures and branding that it wishes to be used on the Site

7.1.3 not use any information regarding [Applicants] for any purpose other than the recruitment of staff for its own internal or group business

7.1.4 not attempt to access any data or any parts of the Company's system which it is not authorised to access

7.1.5 not submit for inclusion in any job posting, or anything to appear on the website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect the Company's reputation

7.1.6 to use the Website and the Services in "good faith", ie to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details

7.1.7 the reproduction and/or publication of any [advertisement] by the Company as originally submitted by the Client will not breach any contract or infringe or violate any copyright, trade mark or any other personal or proprietary right of any person or render the Company liable for any proceedings whatsoever

7.1.8 the [advertisement] complies with the requirements of all relevant legislation (including sub-ordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Economic Community) for the time being in force or applicable in the United Kingdom; and all advertising copies submitted to the Company is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant Codes under the general supervision of the Advertising Standards Authority

7.1.9 abide by all applicable privacy and Data Protection Law and Regulations concerning the materials submitted by you

7.1.10 not or will the Client permit others to create a database and materials obtained from the Company's website for commercial exploitation nor indiscriminately mailshot or spam the candidates through the Company's or any other e-mail system

7.1.11 not nor will you permit others to upload any code containing a virus or other file which damages or adversely affects the running of a website or any computer software or hardware and will fully indemnify the Company in respect of any breach of this clause

8. Partner Clients’ Obligations

The Partner Clients shall comply with the Company’s Terms and Conditions relating to Partner Clients from time to time in force

9. Candidates’ Obligations

The Candidate shall comply with the Company’s Terms and Conditions relating to Candidates from time to time in force

10. The Company's Rights

10.1 The Company may suspend or block the Client's access to the Services at any time if the Client breaches any terms of this Agreement

10.2 The Company will be constantly developing the Website and Services further and reserves the right to make changes to the Website and the Services and to render the Services unavailable for periods where this is necessary for development or maintenance

10.3 The Company may use the logos and branding provided by the Client anywhere on the Site and within marketing material

10.4 [The Company reserves the right to cancel a rolling contract upon giving 7 days notice to the Client]

11. Term

11.1 Once an Agreement has been entered into, the Company cannot accept any cancellation of the agreed Services. No refunds will be given and outstanding invoices shall remain payable. Without prejudice to the foregoing:

11.1.1 subscription services are for a minimum of 12 months unless otherwise agreed with the Company. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable. Subscription services will automatically renew for a further term of 12 months on the same terms and fees as are applicable on the date immediately prior to the relevant anniversary date, unless either party gives the other written notice to terminate at least 28 days prior to such anniversary

11.1.2 for services purchased online, refunds may occasionally be given at the Company's sole and absolute discretion

12. Termination

12.1 Without prejudice to any other remedy, the Company may terminate the Client's account and any or all Contracts and the Services with immediate effect in the event of material or persistent breach of these Terms and Conditions by the Client or if the Company has reasonable grounds to believe that the Client cannot or will not pay its debts

12.2 The Company reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred :

12.2.1 the Client has not provided full or accurate contact or company information;

12.2.2 the Company considers the Client is acting inappropriately or illegally;

12.2.3 the Client is using the Website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the Website;

12.2.4 the Client fails the Company's credit checking process, or defaults on payment;

12.2.5 the Client re-sells job postings without the express permission of the Company;

12.2.6 the Client has been given permission to re-sell job postings but does not accurately represent the products and services that are offered by the Company; and/or

12.2.7 the Client has shared its CV search access with a third party

12.3 The Company may terminate the provision of the Services under any Order Form by giving not less than 30 days prior written notice to expire at the end of a [Contract Month]. Termination by the Client before the end of the Contract Term may, at the Company's discretion, result in loss of discounts agreed for the entire Contract Term

12.4 The Company may terminate the provision of the Services if :

12.4.1 the Client is in material breach of these Terms and Conditions and has not remedied such breach within 10 days of notice specifying the breach and requiring that it be remedied; or

12.4.2 the Client becomes insolvent, ceases to trade or goes into liquidation

13. Intellectual Property Rights

All Intellectual Property Rights connected with the Services and/or the Website shall remain vested in the Company or any third party from whom such rights are licensed by the Company. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such Intellectual Property Rights

14. Liability

14.1 In view of the nature of the Services, the Client must satisfy itself as to the suitability of any [Applicant]. The Client is responsible for the taking up of references and for establishing the Applicant's qualifications, capabilities, honesty, medical history, availability and suitability to meet the Client's requirements. The Company does not verify or warrant the accuracy or reliability of any information posted or received via the Services and/or on the Website, and reliance on the information is at the Client's own risk

14.2 The Company is not acting as an employment agency or an employment business, but rather it is acting as a conduit for information relating to candidates between employers and potential employees. The Company is not in the business of finding employment for workers or workers for employers. Accordingly, the Employment Agencies Act 1973 and corresponding regulation does not apply

14.3 The Company gives no warranty or representation, express or implied, in respect of any Applicant introduced and accepts no liability for any failure of an Applicant to perform or comply with their terms of employment or engagement, or for any loss, an expense, damage or delay, howsoever caused, arising from the introduction of the Applicant to the Client's employment

14.4 The Company will endeavour to keep the Services working as often as possible, but will not be responsible for any time for which it is unavailable, whether due to telecommunications or internet failures or otherwise. All users are responsible for taking appropriate measures against the risks associated with using the internet, including viruses and other harmful mechanisms, and the Company will not be liable to the Client for any loss, damage or liability caused by any such item

14.5 The Company's entire liability to the Client, whether in contract, tort (including negligence) or otherwise, shall be limited to the fees paid by the Client to the Company for the Services during the period in which such liability arose

14.6 In no event will the Company be liable to the Client for any indirect, consequential or special loss or damage, including loss of profits, sales, business, data, goodwill, savings or otherwise, however caused (including by negligence)

14.7 Nothing in this Agreement limits the Company's liability for death or personal injury caused by its negligence, or for fraudulent misrepresentation

14.8 If any of the preceding sub-clauses is found invalid or unenforceable, the remaining sub-clauses remain in full force and effect

14.9 The Company cannot guarantee that :

14.9.1 the Website and/or the Services will be available at all times;

14.9.2 the Website will be free from errors, viruses and/or other harmful applications;

14.9.3 the Services will generate any applications, responses or results. For the avoidance of doubt, none of the Services is guaranteed to result in a placement

14.4 The Company shall not be in breach of these Terms if events beyond its reasonable control prevent the Company from performing the Services

14.5 It is the Client's responsibility to protect their computers against any viruses and malware

14.6 These Terms and Conditions, and, where appropriate, the Order Confirmation contain the entire agreement and understanding between the Company and the Client. The Client acknowledges that it has not relied on any representation made by the Company in entering into this Contract (although nothing in this clause shall exclude any liability for fraudulent misrepresentation) to the fullest extent permitted by law, all terms implied by law or statute are hereby excluded

14.7 In the event that the Client makes a claim against the Company for whatever reason, the Company's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall the Company be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude the Company’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded

14.8 If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or any part thereof

14.9 The information contained in the Website may contain technical inaccuracies and typographical errors. All information made available from within the Website is provided without warranty of any kind, whether express or implied on the part of the Company and the Company excludes all liability it may have to the Client to the fullest extent permitted by law (and whether such liability arises in contract, tort or otherwise) as a result of the Client's use of the Website

15. Confidentiality

The parties agree that they will only use the other's confidential information for the performance of this Agreement, and will not disclose it to other parties other than as necessary for the performance of this Agreement or as is required by law

16. Notices

16.1 Any notice or other communication given by you to us or by us to you under or in connection with the Contract or these Terms and Conditions shall be in writing and shall be delivered personally, sent by prepaid first class post or other next working day delivery service or e-mail

16.2 A notice or other communication shall be deemed to have been received if delivered personally, when left at either our or your registered office; if sent by prepaid first class post or other next working day delivery service, at 9.00am on the second business day after posting or if sent by e-mail, one business day after transmission

16.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee

17. General

17.1 This Agreement is the entire agreement between the Company and the Client and supersedes all previous agreements and statements relating to its subject matter

17.2 The Contract is between the Company and the Client. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise

17.3 No waiver by the Company of any breach of the Agreement and the Client shall be considered as waiver of any subsequent breach of the same or any other provision

17.4 If the Company fails to insist that you perform any of your obligations under these Terms and Conditions or the Contract, or if the Company does not enforce its rights against the Client or the Company delays in doing so, that will not mean that the Company has waived its rights against the Client and will not mean that the Client does not have to comply with its obligations. Any waiver by the Company of any default by the Company will only be valid if such waiver is made in writing by the Company to the Client and even in the case of such waiver, this shall not mean that the Company will automatically waive any later default by the Client

17.5 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement

17.6 This Agreement is governed by English Law, and the parties hereto submit to the exclusive jurisdiction of the English Courts and any dispute or claim arising out of or in connection with the Contract or these Terms and Conditions (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation or these Terms and Conditions (including non-contractual disputes or claims)