2. These Terms and Conditions are a single consolidated set of terms that set out Solution4's relationship with all Users whether Candidates or Employers or others.
3. Users are required to register for the Website. Upon registration, Users will be asked to provide various information including a current e-mail address. Registration requires acceptance of these Terms and Conditions.
4. Users are responsible for ensuring the their passwords and other login information remain confidential and should not be disclosed to anyone. Users are responsible for all uses of their User password whether authorised or unauthorised by the User.
5. Users must inform Solution4 of any unauthorised or otherwise improper use of the User's password.
6. Solution4 may revise the Website and these Terms and Conditions from time to time and will display all such revised terms on the Website as the up-to-date Terms and Conditions. By using the Website Users will be deemed to have accepted any revised Terms and Conditions as displayed on the Website and, in default thereof, the Terms and Conditions as set out above and below.
7. The Website provides an opportunity for Employers to post Job Listings and Candidates to post CV data and then to forward it to Employers in relation to specific Job Listings.
8. Solution4 are also developing a CV database whereby Employers will be permitted to view CV data posted onto the Website by Candidates. Candidates will have the ability to elect not to allow general Employer access to their CV data should they rather remain in more control of which jobs and Job Listings their CV data is put forward in respect of.
9. Solution4 allows Users access to the Website to assist in the recruitment process. Users are expressly prohibited from doing any of the following: a) posting onto the Website any inaccurate, false or misleading information, including but not limited to:, i) in the case of Candidates, CV data about a Candidate and / or information about his or her ability to work in the UK; ii) in the case of Employers, details about a job or the Employer. b) posting onto the Website a generic job description rather than an actual specific vacancy requiring to be filled; c) using the Website to gain information for purposes other than those relevant to the recruitment process and including the offering any goods and services to other Users; d) in the case of Employers, using any age, gender, or ethnicity data or other such information provided by a Candidate in any decision as to whether to employ such a Candidate; e) re-selling services or data acquired from the Website; f) amending or deleting any material posted onto the Website by another person or entity; g) using the CV database for any purpose save than as an Employer or Prospective Employer seeking candidates for specific jobs; h) registering as Candidate or posting CV data for any purpose save than as a Candidate seeking employment; i) sharing any password with any third party or otherwise using such password for unauthorised purposes; j) posting or displaying or distributing or storing any Website Content in circumstances wherein it is: i) contrary to any law; ii) in breach of Intellectual Property Rights of any third party; iii) offensive, obscene, defamatory, threatening, harassing, abusive, racist, or sexist; iv) in breach of a duty of confidence owed to a third party; k) posting or displaying a hyperlink to any Website which contains material equivalent to j) (i) to (iv) above. l) sending unsolicited e-mail, mail or making unsolicited telephone calls; m) posting, transmitting or storing any virus or other disabling device that may interfere with the functioning of the Website; n) attempting to overload or otherwise interfere with the operation of the Website by "spamming" or "flooding" or otherwise; o) using any mechanism, software, routine, device or technique to delay, crash or otherwise interfere with the operation of the Website or of the ease of access to the Website by third parties; p) using any software, tool, agent or other device (save for reputable search engines and agents) to search or navigate the Website; q) attempting to modify or decipher any software or code or the security of the Website or host; r) accessing (or attempting to access) data not intended for the User including by means of gaining entry to an account that the User is not authorised to access; s) deleting or destroying (or attempting to delete of destroy) Website Content that you have no authority to delete.
10. Without prejudice to its obligations pursuant to the Data Protection Act 1998, Solution4 shall have a perpetual, royalty free, irrevocable license to use, amend, adapt, copy, create derivative works from, distribute, translate, publish or sub-licence Website Content submitted by any User. Without prejudice to any Intellectual Property Rights a User may have in respect of Job Listings, CV data or other materials that may be posted onto the Website, nothing in these terms gives Users any Intellectual Property Rights in the WebSite. Save as may be permitted by law, Users agree not to copy or revise or change or reverse engineer any part of the WebSite.
11. Candidates are entirely responsible for ensuring that:
12. Candidates assume the risks of dealing with Employers and of their current or former employers gaining access to their CV data or otherwise becoming aware of such Candidate's registration with the Website.
13. 1.By consenting to these Terms and Conditions a Candidate is expressly consenting to the Candidate's details (as set out in the CV data and which may include Personal Data or Sensitive Personal Data):
14. Solution4 is a registered data controller pursuant to the Data Protection Act 1998. Data collected by Solution4 is processed in conformity with this legislation.
15. Information collected from Users (whether upon registration, CV data or otherwise) which may include both Personal Data and Sensitive Personal Data, is used in the recruitment process. Accordingly, CV data containing such information may be passed on to any Employers save in those circumstances whereby a Candidate has elected to opt out from allowing Employers to choose to view CV data. In addition, Solution4 may pass on to third parties aggregated information from Users obtained upon registration or otherwise provided by Users in CV data posted to the Website. In accepting these Terms and Conditions, Users hereby consent to Solution4 using Personal Data and Sensitive Personal Data as described above in this clause.
16. Sensitive Personal Data is collected as is necessary and in conformity with legislation and to ensure compliance with law or if Employers specifically request it.
17. Solution4 is required to hold Personal Data and Sensitive Personal Data for such time as is necessary for compliance with statutory requirements. Solution4 will take all reasonable steps to ensure that Personal Data and Sensitive Personal Data is maintained and up to date. To help ensure it is up to date, Users are required to inform Solution4 of changes to Personal Data and Sensitive Personal Data.
18. Solution4 has no general obligation to screen information posted on the Website or in advance of such posting.
19. Solution4 gives no warranty in relation to the accuracy of Website Content posted by Users.
20. If Solution4 reasonably determined that activities or Website Content is or is likely to become in violation of these Terms and Conditions or the law, Solution4 reserves the right to:
21. Solution4 also retains a general discretion to deny a User access to the Website and to delete Website Content and change passwords without explanation.
22. In the event of any breach of these Terms and Conditions, Solution4 has the right to terminate the arrangement without incurring liability.
23. Unless otherwise agreed, Solution4 does not charge Candidates.
24. Employers agree to pay Solution4 the charges set out in the Schedules available within the Employer's area of the Website.
25. Payment is due within 30 days of the invoice date and VAT is payable at the prevailing rate. Time for payment shall be of the essence. Interest is chargeable on late payments at a rate of 4% above the prevailing Bank of England "base" rate.
26. If payment is not made in accordance with the provision of clause 25 above, Solution4 may deny the Employer access to the Website and delete any Job Listing or other item of Website Content relevant to the Employer.
27. Solution4 may set off any amount received from an Employer against any amount which is due and payable whether liquidated or unliquidated.
28. Any Job Listings posted by Employers in excess of the number stipulated or paid for, will be invoiced to the Employer and shall be payable within 30 days of whichever is the earlier of the invoice and the date such excess first occurred.
29. Save where it be in relation to a purely typographical error, any change to a Job Listing by an Employer shall qualify as a additional posting requiring payment.
30. For the avoidance of doubt, when following the expiry or deletion of a Job Listing posted on the Website, the Employer renews such Job Listing, this shall constitute a new Job Listing.
31. The acceptance and locational positioning of advertising on the Website is a matter for Solution4 and all such advertisements are subject to Solution4's prior approval. Solution4 has absolute discretion to remove, reject, delete or cancel advertisements, and reserved space for advertisements. In the event of such removal or cancellation of such advertisements, Solution4 will refund a commensurate portion of the advertising fee or place the advertisement or replacement advertisement at some later time to be agreed. Advertising is liable to be sold pursuant to separate terms and conditions.
32. The Website provides an opportunity for Employers to post Job Listings and Candidates to post CV data and, save as may be incidental the operation of the Website or upon specific request, Solution4 does not monitor the details contained in such postings. Nor does Solution4 get involved in the employment of Candidates by Employers. Candidates must assume the risks of dealing with Employers and vice versa and of current employers gaining access to their CV data or otherwise becoming aware of such Candidate's registration with the Website. Solution4 makes no warranty in respect of:
33. Further, Solution4 accepts no liability in respect of:
34. All terms, whether made expressly or implied and whether made by the Solution4 or its servants or agents relating to the quality and fitness of the Website are expressly excluded to the fullest extent permitted by law.
35. Further, without prejudice to the generality of clauses 32 to 34 above, in the event of the Solution4:
36. Without prejudice to the generality of the above, in no event shall the Solution4 be liable for :
37. Without prejudice to the generality of the above, the liability of Solution4 for all the losses caused by the breach or tort giving rise to a claim, shall be limited to damages of [FIGURE] times the value of the price paid by the Employer to Solution4 in relation to the dealing in question and which sum the parties have considered and agree is a reasonable sum given the respective positions of the parties and the types of direct losses likely to occur.
38. Users shall indemnify Solution4 together with its servants, agents, employees and directors in respect of any claims, demands, legal costs, consultancy charges, internal charges and costs alleged or made and arising from:
39. Solution4 shall not be liable for any loss or damage cause by delay in the performance or non-performance of any of its obligations hereunder where the same is occasioned by any cause whatsoever that is beyond the Solution4's control including but not limited to an Act of God, war, civil disturbance, requisitioning governmental or parliamentary restrictions, prohibitions or enactments of any kind, substantial currency revaluation or devaluation, strike, lock-out or trade dispute (whether involving its own employees or those or any other person) difficulties in obtaining staff or consultants, breakdown of a server or other machinery, the interruption to the provision of utilities for any reason beyond the reasonable control of Solution4, fire or accident or loss of premises. Should any such event occur the Solution4 may cancel or suspend the contract with Employers without incurring any liability for any loss or damages thereby occasioned.
40. Users may not assign their rights to use the Webiste or their passwords and all successors are required to re-register.
41. Solution4 may assign any of its rights and obligations under these Terms and Conditions.
42. These terms are subject to the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction.
