GoldJobs

1.1

The hereunder terms are hereby incorporated into each agreement entered into between the Client and Goldjobs Media Ltd relating to the provisions of postings on the Web Site (each "an Agreement") whether or not the Client signs a Client Order Form or any other document making reference to these terms. These terms and conditions shall take immediate effect in substitution of all previous terms and conditions relating to the contents hereof, whether written, oral or implied, between Goldjobs Media Ltd and the Client. These terms are between Goldjobs Media Ltd and the Client and/or it's agents, and govern the obligations of both parties during the service of publishing advertising material from the Client and/or agency by the Company. These terms are deemed to be accepted by the Client and/or agency upon the application for, or opening of, an account or completion of a Client Order Form either on-line and/or offline with Goldjobs Media Ltd for the purpose of using the advertising services of the Company.

1.2

In this Agreement, the following expressions shall have the following meanings (unless the context otherwise requires);

• "Client" " means the person identified as such in the Client Order Form or as the Recruiter on a Goldjobs' Web Site and includes any Company and/or individual including employers, recruitment consultancies, employment agencies and advertising agencies which:
  (a)Use and/or purchase the Company's services and/or products and/or use or have used the Company's Web Sites to search for candidates either directly or on behalf of a third party and/or places or has placed job advertisements on any of the Company's Web Sites.
  
• "Client Administration Area"; means the internet pages on the Web Site designated from time to time by Goldjobs Media Ltd to the Client in common with other Clients for the purpose of communicating Postings to Goldjobs Media Ltd;
  
• "Client Order Form" means the Client Order Form on which these terms appear or any other document in which Goldjobs Media Ltd agrees to publish Postings for the Client;
  
• "The Company" means Goldjobs Media Ltd;
  
• "Corporate Profile" means the Client's corporate profile created and supplied by the Client for publication on the Web Site;
  
• "Fees" means the fees set out in the Client Order Form;
  
• "Goldjobs Media Ltd" means Goldjobs Media Ltd Limited;
  
• "Goldjobs Software"; means the Web Site Application and any other software forming part of or accessible through the Web Site;
  
• "Number of Postings" means the maximum number of postings permitted under this Agreement as set out in the Client Order Form;
  
• "Platinumjobs.com" means the web pages at the URL www.platinumjobs.com owned and operated by Goldjobs Media Ltd.
  
• "Postings" means the employment vacancy postings created by the Client for publication on the Web Site;
  
• "Posting Period" means the period for which Postings will be published on the Web Site, as set out in the Client Order Form;
  
• "Recruiter" means the company or person registering on a Goldjobs Media Ltd Web Site and posting job vacancies;
  
• "Silverjobs.co.uk" means the web pages at URL www.silverjobs.co.uk owned and operated by Goldjobs Media Ltd.
  
• "Slot" means an individual job posting position on the Web Site;
  
• "Term" means the period set out in the Client Order Form during which the Client can post vacancies in individual slots on a Goldjobs Media Ltd Web Site.
  
• "Web Site Application" means Goldjobs Media Ltd Software as made available from time to time by Goldjobs Media Ltd to recruiters on the Web Site;
  
• "Web Site" means the Web Site with Uniform Resource Locator ("URL") "www.goldjobs.com" or such other URL as Goldjobs Media Ltd may from time to time reasonably determine, including but not restricted to www.silverjobs.co.uk and www.platinumjobs.com;
  

1.3

A reference in this Agreement to a clause is a reference to a clause of this Agreement.

2.1

Goldjobs Media Ltd shall during the Posting Period publish on the designated Web Site job postings (up to a maximum of the slots purchased) supplied by the Client under clause 3, all in accordance with this Agreement.

2.2

Provided that the Client has paid the Fees, Goldjobs Media Ltd shall use reasonable endeavours to publish each Posting on the Web Site for the Posting Period commencing on a date within five working days of the Client notifying Goldjobs Media Ltd that the Posting is ready for publication and that a copy is in the Client Administration Area or (if later) the date on which the Fees have been paid. However, the commencement date is an estimate and Goldjobs Media Ltd accepts no responsibility for its failure to adhere to it if such failure arises for any technical reason or any other reason beyond Goldjobs Ltd's reasonable control.

2.3

Goldjobs Media Ltd shall apply reasonable skill and care to the performance of its services under this Agreement.

2.4

From the date of payment of the Fees, Goldjobs Media Ltd shall use reasonable endeavours to include the Corporate Profile on the designated area of the Web Site. The Client shall ensure that the Corporate Profile complies with the guidelines notified by Goldjobs Media Ltd to the Client from time to time whether on the Web Site or otherwise.

3.1

Obligations of the Company.
The Company agrees to use reasonable endeavours to perform the services that it promotes, to advertise vacancies on the Web Site and to provide a secure environment to do so. The Company shall provide the Client with full use of its job advertising services. The Company may, at it's discretion and without recourse modify or withhold any material submitted by the Client for advertising.

3.2

Goldjobs Media Ltd shall provide the Client with access to the Client Administration Area. The Client takes responsibility for any person (whether or not authorised by the Client) who uses the Client's user name and password to access the Client Administration Area. The Client acknowledges that Goldjobs Media Ltd may refuse to post additional Postings once the agreed Number of Postings have been published for the Posting Period. The Client shall notify Goldjobs Media Ltd when the Posting is ready for publication on the Web Site.

3.3

The Client may use the Web Site Application to create and edit Postings (up to a maximum of the Number of Postings) subject to the licence terms set out in clause 8.

3.4

The Client represents, warrants and undertakes that each Posting and the Corporate Profile:

1. Will not contain obscene or indecent or other unlawful material;
2. Will not contain materials, which infringe the copyright, trademark rights, moral rights or any other intellectual property rights of any third party;
3. Will comply will all applicable legislation in the UK and in any other country to which the Posting is targeted relating to employment including without limit legislation regarding unlawful discrimination on the grounds of sex, racial or disability discrimination;
4. Will not contain any defamatory material;
5. Will not contain any virus;
6. Will not contain any other material, which is likely to harm the reputation of Goldjobs Media Ltd or the Web Site;
7. Will only advertise an employment vacancy within the Client's own business and authority.

3.5

If in Goldjobs Ltd's reasonable opinion any Posting or the Corporate Profile is likely to infringe any of the warranties and representations in clause 3.4, then Goldjobs Media Ltd may (without prejudice to its other rights and remedies) remove that Posting and (as the case may be) the Corporate Profile.

3.6

If in Goldjobs Ltd's reasonable opinion any Posting or the Corporate Profile puts (or is likely to put) the Client in breach of clause 3.4, then Goldjobs Media Ltd may (without prejudice to its other rights and remedies) remove that Posting and (as the case may be) the Corporate Profile.

3.7

The Client shall indemnify and keep fully indemnified Goldjobs Media Ltd from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision the legal costs of Goldjobs Media Ltd), awards and damages arising directly or indirectly as a result of any claim which, taking the claimants allegations to be true, would result in a breach by the Client of clause 3.4.

3.8

Use of the Company's system as described in this agreement is granted solely to the Client within one Country, such that Country being that in which this agreement has been made. The Client may use such information directly or indirectly derived from the Company only for internal hiring purposes for providing active recruitment and replacement services and for general human resources purposes. The Client shall not use information directly or indirectly derived from the Company's system for any other purpose. The Client shall not distribute, disclose, transfer or sell any information directly or indirectly derived from the company technology system to third parties except for the use as set forth above. The Client shall not use information directly or indirectly derived from the Company's technology system to provide services in competition with or substantially similar to the services provided by the Company.

4.1

Opening of an Account. Before opening an account with the Company or its duly authorised agent the Client shall submit a completed account application form. A duly appointed representative of the Client shall sign the account application form for and on behalf of the Client. The Company or its duly authorised agent will confirm the opening and particulars of the account in writing.

4.2

To post a vacancy on the Goldjobs Ltd Web Site the Client shall complete a Client Order Form. Upon receipt of the Client Order Form, Goldjobs Media Ltd or its duly authorised agent shall provide the Client with an invoice for the Fee, which the Client shall then pay within 30 days of receipt. Only on receipt of payment will Goldjobs Media Ltd be obligated to post the Client's Postings.

4.3

Value Added Tax, where applicable, shall be paid by the Client at the time and in the manner prescribed by law.

4.4

The Client shall pay all amounts due to Goldjobs Media Ltd for each order in full without any deduction or withholding, and shall not assert any credit or set-off or counterclaim against Goldjobs Media Ltd in order to justify the withholding of the whole or part of any such amount.

5.1

The entire copyright and any other intellectual property rights in the individual Postings throughout the world shall be and shall remain the exclusive property of the Client concerned.

5.2

The Client grants Goldjobs Media Ltd a licence to publish the Postings and the Corporate Profile on the Web Site. Other than as set out expressly within this Agreement or with the prior written agreement of the Client, Goldjobs Media Ltd obtains no rights to use the Postings or the Corporate Profile for any other purpose.

5.3

Subject to clause 6.1, the entire copyright, database rights and any other intellectual property rights in the Web Site (including the Goldjobs Media Ltd and all other software or works on the Web Site) throughout the universe and all rights in the domain name of the Web Site, the name "Goldjobs Media Ltd" and all other trade marks of Goldjobs Media Ltd shall be and shall remain the exclusive property of Goldjobs Media Ltd or its licensors. Other than the rights expressly granted in this Agreement, the Client obtains no rights in the Web Site.

All content included on the Company's site, such as text, graphics, logos, button icons, images, video and audio clips and software is the property of the Company or it's content suppliers and protected by U.K. and International copyright laws. The compilation (meaning the collection, arrangements and assembly) of all content on this site is the exclusive property of the Company and protected by U.K. and International copyright laws.

All software on this site is the property of the Company or it's software suppliers and protected by U.K. and International copyright laws. Any other use, including the reproduction, display or performance of the content on this site is strictly prohibited. The Client will supply and authorise use of digital image, to the Company's requirements of their corporate logo for the sole purpose of branding the Client's advertised vacancies.

Should a Client wish to have their corporate details made available within the directories, they will supply and authorise the use of all materials. It is the Client's responsibility to ensure that the job vacancies are amended where the criteria has changed, or removed from the system as soon as the vacancy no longer exists.

5.4

"Goldjobs" is the registered trademark of Goldjobs Media Ltd, a company registered in the United Kingdom of Great Britain and Northern Ireland.

5.5

"Platinumjobs.com" and "Silverjobs.co.uk" are trade names of Goldjobs Media Ltd.

6.1

This Agreement shall commence on the date specified in the Client Order Form and, subject to earlier termination under clause 7.3, shall terminate automatically on expiration of the Term.

6.2

On expiration of the Term any Posting that has not been withdrawn by the Client or has not been published for the Posting Period shall remain published on the Web Site (subject to the terms of this Agreement) until expiry of the relevant Posting Period or withdrawal by the Client whichever is the earlier.

6.3

Either Goldjobs Media Ltd or the Client may terminate this Agreement with immediate effect by giving written notice to the other ("the Defaulting Party") if;

1. The Defaulting Party is in breach of any of its obligations under this Agreement and, if the breach is capable of remedy, it has continued unremedied for a period of twenty one days after the other party has given notice to the Defaulting Party specifying the breach and the steps required to remedy it; or
2. The Defaulting Party shall have a Receiver or an Administrative Receiver appointed over it or over any part of its undertaking or assets or shall pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a Court of competent jurisdiction shall make an order to that effect, or if the Defaulting Party shall become subject to an administrative order or shall enter into any voluntary agreement with its creditors or shall cease or threaten to cease to carry on business.

6.4

The expiry of the Term or the termination of this Agreement (for any reason) shall;

1. be without prejudice to any other rights or remedies which either Goldjobs Media Ltd or the Client may be entitled to under this Agreement or at law;
2. not affect any accrued rights or liabilities which either Goldjobs Media Ltd or the Client may then have; and
3. not affect the coming into or continuance in force of any provision of this Agreement, which is expressly or by implication intended to come into or continue in force after such termination.

6.5

If on expiry of the Term or termination of this Agreement (for any reason), the Client has not posted the Number of Postings then there will be no obligation on Goldjobs Media Ltd to extend the Term or to refund any part of the Fees.

7.1

Except as provided in clause 7.2 or as otherwise expressly permitted by this Agreement, the Client undertakes to Goldjobs Media Ltd to keep confidential all information (written or oral) concerning the business or affairs of Goldjobs Media Ltd that it has received as a consequence of the discussions leading up to this Agreement or which it subsequently receives or creates as a consequence of the performance of this Agreement ("Confidential Information").

7.2

Clause 7.1 shall not apply to Confidential Information, which the Client is required to disclose by law, or which the Client can demonstrate was;

1. already in the Client's possession prior to its receipt from Goldjobs Media Ltd;
2. subsequently disclosed to it lawfully by a third party who did not obtain such Confidential Information (directly or indirectly) from Goldjobs Media Ltd;
3. in the public domain at the time of receipt by the Client or has subsequently entered the public domain other than as a result of a breach of clause 7.1 by the Client.

8.1

Goldjobs Media Ltd grants the Client a non-exclusive right to run the Goldjobs Media Ltd Software as permitted by this Agreement. The Goldjobs Media Ltd Software is and remains the property of Goldjobs Media Ltd. The Client obtains no rights in the Goldjobs Media Ltd Web Site and Software except the right to use it as expressly granted in this clause.

8.2

The Client may only use the Goldjobs Media Ltd Software loaded on the Web Site. It may only use the Web Site Application Software for the purpose of creating and editing Postings.

8.3

The Client shall not:

1. download the Goldjobs Media Ltd Software from the Web Site;
2. use, copy or transfer the Goldjobs Media Ltd Software except as permitted by this Agreement;
3. distribute, rent, loan, lease, sub-licence or otherwise deal in the Goldjobs Media Ltd Software;
4. alter, adapt, merge, modify or translate the Goldjobs Media Ltd Software in any way for any purpose, including, without limitation, for error correction;
5. reverse-engineer, disassemble or decompile the Goldjobs Media Ltd Software except as provided in section 50B of the Copyright, Designs and Patents Act (UK) 1988.

8.4

Upon termination of the Agreement for any reason the Client shall immediately cease use of the Goldjobs Media Ltd software and any such use of the Goldjobs Media Ltd Software after termination of the Licence is unlawful.

8.5

Goldjobs Media Ltd warrants that the Web Site Application Software will be reasonably fit for the purpose of creating and editing Postings. However, it is the Client's responsibility to ensure that the Posting is created as intended and the only liability of Goldjobs Media Ltd in respect of this warranty is to correct any errors in the Web Site Application Software within a reasonable time of receiving a documented notice of any defect. The entire risk as to the performance and results of the Web Site Application Software (including the final look of the Postings) is assumed by the Client.

9.1

Except as expressly provided in this Agreement, Goldjobs Media Ltd gives no warranty in relation to the provision of services under this Agreement and all warranties, express or implied, are excluded.

9.2

Subject to clause 9.4, Goldjobs Ltd's entire liability to the Client, incurred, arising out of or in connection with this Agreement including, without limit for breach of contract, misrepresentation (except that fraudulently made) and tort (including negligence) is limited to the Fees.

9.3

Subject to clause 10.4, Goldjobs Media Ltd excludes all liability for any special, indirect or consequential loss (including loss of profit).

9.4

Goldjobs Media Ltd does not limit or exclude liability for death or personal injury caused by negligence or to the extent otherwise not permitted by law.

9.5

The information contained on the Goldjobs Media Ltd Web Site is given in good faith, and Goldjobs Media Ltd uses all reasonable efforts to ensure that it is accurate. However, Goldjobs Media Ltd gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded. Goldjobs Media Ltd accepts no liability for any loss or damage, which may arise out of any person relying on or using any such information. Goldjobs Media Ltd shall not be liable to any person relying on or using any such information for any indirect or consequential loss or damage or any loss of or damage to profit, revenue, savings, use, contract, goodwill or business, in each case howsoever caused, including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty.

9.6

Goldjobs Media Ltd is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Web Site or its Content in meeting the employment objectives of Users. Goldjobs Media Ltd does not guarantee that Documents posted by Clients will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, which are made by any Client.

9.7

Goldjobs Media Ltd does not warrant that the Web Site will operate error-free or that this Web Site and its servers are free of computer viruses or other harmful mechanisms. If use of the Web Site or the material results in the need for servicing or replacing equipment or data, Goldjobs Media Ltd will not be responsible for those costs. The Client assumes all responsibility and risk for use of this site and the Internet generally. The Goldjobs Media Ltd Web Site and its content are provided on an 'as is' basis without any warranties of any kind, express or implied. Goldjobs Media Ltd, to the fullest extent permitted by law, disclaims all warranties, including the warranties of merchantability, title, non-infringement of third parties rights, and fitness for particular purpose. Goldjobs Media Ltd makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links. Goldjobs Media Ltd not be liable for any damage whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from the use or access to, or the inability to use or access, the Goldjobs Media Ltd Web Site and the content and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not Goldjobs Media Ltd is advised of the possibility of such damages.

10.1

Force Majeure
Goldjobs Media Ltd shall not be liable for any delay or failure to perform any of its obligations under this Agreement if such delay or failure is due to any cause beyond its reasonable control including without limit any technical reason preventing the publication of the Postings.

10.2

Notices
All notices to be given under this Agreement shall be in writing and shall be sent by first class post or facsimile to the address on the Client Order Form. However, if either party sends a notice under this Agreement by facsimile, it shall also send the original notice by post, posted first class within twenty-four hours of the transmission of the relevant facsimile. All notices sent by post shall be sent to the address of the other party set out in this Agreement as appropriate (or to such other address as either party may notify to the other under the provisions of this clause 10). Any notice given under this Agreement which is sent by post in accordance with this clause 10 which is not returned to the sender as undelivered shall be deemed to have been received two days after posting (if the address of the other party is in the United Kingdom) or four days after posting (if the address of the other party is outside the United Kingdom). Any notice given under this Agreement, which is sent by facsimile in accordance with this clause 10, shall be deemed to have been received on the date of transmission.

10.3

Entire Agreement
This Agreement constitutes the entire agreement between the Client and Goldjobs Media Ltd. No addition to or modification of this Agreement shall be effective unless it is in writing and signed by a duly authorised representative of both the Client and Goldjobs Media Ltd.

10.4

No Joint Venture or Partnership
Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture between the Client and Goldjobs Media Ltd or the relationship of principal and agent between the Client and Goldjobs Media Ltd.

10.5

No Waiver
No delay or failure on the part of either party to exercise or to enforce any right given to it by this Agreement or at law, or any custom or practice of the Client and/or Goldjobs Media Ltd at variance with the terms of this Agreement shall constitute a waiver of either the Client's or Goldjobs Ltd's respective rights under this Agreement or operate so as to prevent the exercise or enforcement of any such right at any time.

10.6

Severability
If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, that provision or part shall to that extent be deemed not to form part of this Agreement. However, the validity and enforceability of the remainder of this Agreement shall not be affected.

10.7

The Client may not assign the whole or any part of its rights or obligations under this Agreement without the prior written consent of Goldjobs Media Ltd. Goldjobs Media Ltd may assign or sub-contract the whole or any part of its rights or obligations under this Agreement without restrictions.

10.8

This Agreement shall be governed by and construed in accordance with English law and the Client and Goldjobs Media Ltd submit to the non-exclusive jurisdiction of the Courts of England and Wales.

11.1

Liability. Liability: The information contained on this Web Site is given in good faith, using all reasonable efforts to ensure that it is accurate. However no representation or warranty in respect of such information and representations and warranties, whether express or implied, is given. Goldjobs Media Ltd makes no guarantee and assumes no responsibility for the content posted by, and the conduct neither of its Clients, nor for the content and operation of the Web Site and any representation or warranty is expressly denied. Use of Goldjobs Ltd's Web Site, reliance upon its content, and interaction with its Clients is at your own risk. Goldjobs Media Ltd is not an employment agency or a recruiting company, and does not guarantee that vacancies or jobs posted by Clients will result in candidates being hired or positions being filled.

11.2

Agency. Agency: Goldjobs Media Ltd is not the agent or servant of any Client or other user of its Web Site and any such relationship is expressly denied.

11.3

Privacy. Privacy: Goldjobs Media Ltd provides users with the option to use the secure anonymous conduit to notify the users interest in a particular job opportunity. Goldjobs Media Ltd collects personal information from users on a voluntary basis to effect this conduit. This information allows us to provide users with private and secure conduit facilities. Termination of interest by either party results in the deletion of all such database records. We do not sell our users' personal information to anyone for any reason. All users should be aware, however, that when they voluntarily display or distribute personal information (such as their email address), that information could be collected and used by others. This may result in unsolicited messages from third parties, for which Goldjobs Media Ltd is not responsible. Goldjobs Media Ltd hereby warrants that the company will not use, sell or supply any information supplied to it without the express permission of the user concerned. Please visit our Privacy Statement for full details of Goldjobs privacy policy.