Effective from 01/04/14
These Recruiter Terms and Conditions are deemed accepted by the Recruiter and by using www.gotojobboard.com the Recruiter agrees to these Terms and Conditions.
1. Services provided by GoToJobBoard
1.1 Subject to these Recruiter Terms and Conditions and in consideration of the payment of the Fees by the Recruiter, GoToJobBoard shall provide the Services to the Recruiter during the Service Duration.
1.2 GoToJobBoard shall use reasonable skill and care in its provision of the Services but GoToJobBoard makes no representation or warranty that the Services and use of the Upload System will be uninterrupted or error free or fit for the Recruiter’s particular purpose.
1.3 GoToJobBoard shall be entitled to temporarily suspend or alter the operation of the Services and/or Upload System for legal or technical reasons. GoToJobBoard shall endeavour to notify the Recruiter as far in advance as possible of any temporary suspension or significant alteration but the Recruiter acknowledges that prior notice may not always be possible.
1.4 GoToJobBoard may in its sole discretion decline to post on or remove from the Sites and Services any of the Recruiter Content and/or require the Recruiter Content to be amended at any time if GoToJobBoard considers that the Recruiter is in breach of any of clauses 2, 5 or 6 below.
1.5 The Recruiter may request the removal of a job advertisement from the Sites and the GoToJobBoard Community (as applicable) before the end of the Service Duration but shall not be entitled to any refund of Fees.
2. Recruiter General Warranties and Obligations
2.1 The Recruiter shall ensure that only its authorised personnel access the Services.
2.2 The Recruiter shall not disclose any login password to any third party and shall not resell or licence the Services to any third party without GoToJobBoard’s prior written consent.
2.3 The Recruiter shall deliver Recruiter Content to GoToJobBoard in a format compatible with the technical specifications issued by GoToJobBoard from time to time.
2.4 The Recruiter undertakes and warrants that its use of the Services and all Recruiter Content (including, without limitation, job advertisements) comply with all applicable laws and codes of practice and shall not be defamatory, discriminatory or otherwise objectionable and shall not infringe any copyright, trade mark or other rights of any third party.
2.5 The Recruiter authorises GoToJobBoard to use and display Recruiter Content on the GoToJobBoard Community.
2.6 The Recruiter warrants that it holds all necessary consents and licences to use and grant GoToJobBoard the right to use the Recruiter Content.
2.7 The Recruiter shall not publish, disclose, reproduce or create derivative works from any information obtained pursuant to the Recruiter’s use of the Services except for internal business purposes unless expressly agreed in writing by GoToJobBoard.
2.8 The Recruiter shall not copy, make modifications to, reverse engineer or decompile the Upload System Software, except to the extent permitted by law.
2.9 The Recruiter shall not use any automatic extraction software (such as software tools commonly known as robots and spiders) or any other means to facilitate the downloading or capture of volume quantities of information from GoToJobBoard.
2.10 The Recruiter shall comply with the terms of the Fair Usage Policy.
3. Fair Usage Policy
3.1 CV Downloads
3.2 Candidate CV downloads and CV searches are subject to a fair usage policy.
3.3 GoToJobBoard deem fair usage to be 100 CV searches and 100 CV downloads per day where:
3.4 A user is a person, company or firm who is named as the Recruiter and who has a unique login to the Site; and
3.5 A day is considered a calendar day between the hours of 00:00:00 GMT and 23:59:59 GMT.
3.6 GoToJobBoard reserves the right to amend any fair usage limits that have been imposed without prior notification to users.
3.7 GoToJobBoard takes any misuse of data or breach of any legal policy or regulations very seriously. GoToJobBoard reserves the right to limit, suspend or cancel, without refund, access to the candidate CV database and associated services if GoToJobBoard, in its sole discretion, suspects the misuse of data by a user. In addition, any such activity may result in legal action being taken by GoToJobBoard against the offending party.
4.1 Users must only access the Site from systems that have the most up-to-date level of anti-virus software provided by a reputable manufacturer installed and running.
5. Job Advertisements
5.1 The Recruiter warrants that:
5.1.1 its job advertisement particulars shall be accurate, honest and truthful;
5.1.2 its job advertisements shall not contain unnecessarily repeated words or phrases intended to cause a false positioning in the search results seen by a Candidate;
5.1.3 its job advertisements shall not contain links to the website of the Recruiter (or any third party) or any job application contact information without the prior written agreement of GoToJobBoard; and
6. Candidates and CVs
6.1 The Recruiter shall only use CVs and personally identifiable Candidate information for the purpose of finding employment for Candidates.
6.2 The Recruiter shall keep confidential and not supply or make available to any person CVs and personally identifiable Candidates information that the Recruiter receives from GoToJobBoard or any Candidate without the Candidates express consent.
6.3 The Recruiter shall comply with the provisions of the Data Protection Act 1998 and, in particular, shall take all appropriate technical, organisational and security measures to prevent unauthorised access, loss and use of personal data relating to Candidates.
6.4 The Recruiter accepts that it is responsible for satisfying itself as to the suitability of Candidates for a job vacancy and verifying the identity of such Candidates.
The Recruiter shall indemnify GoToJobBoard and its Affiliates against all claims, costs, damages, losses, expenses and liabilities suffered or incurred by GoToJobBoard and its Affiliates arising as a result of any breach by the Recruiter of clauses 2, 5 and 6.
8.1 Fees are as stated on the “Job Advertisement Prices” page on the site and are exclusive of VAT which shall be paid by the Recruiter in addition at the rate and in the manner prescribed by law.
8.5 GoToJobBoard reserves the right to charge the Recruiter its reasonable administration costs in dealing with any failed payments and/or any costs incurred by GoToJobBoard (including debt collection agency fees and expenses).
9. Intellectual Property Rights
The Recruiter acknowledges that all intellectual property rights in the Services, technology supporting the Services (including the Upload System) and the GoToJobBoard Community vest in GoToJobBoard and/or its licensors and partners and that the Recruiter has no rights in, or to, such intellectual property.
10. Limitation of Liability
10.1 This clause sets out the entire financial liability of GoToJobBoard to the Recruiter in respect of:
10.1.1 any breach of these Terms and Conditions;
10.1.2 any use made by the Recruiter of the Services; and
10.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms and Conditions.
10.2 Nothing in these Terms and conditions shall exclude or limit GoToJobBoard’s liability for death or personal injury resulting from the negligence of GoToJobBoard or for fraud or for any other liability that cannot be excluded or limited by law.
10.3 All warranties, conditions and other terms implied by statute or common law in relation to the Services are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
10.4 GoToJobBoard has no liability to verify the identity of any Candidates or check the suitability of any GoToJobBoard for any job vacancy.
10.5 GoToJobBoard shall not be liable to the Recruiter under or in connection with these terms and conditions for any loss of business, contracts, profits, anticipated savings, data, damage to hardware and software, or for any indirect, special or consequential loss.
10.6 GoToJobBoard does not accept liability for loss of any Recruiter Content.
10.7 GoToJobBoard ‘s liability in respect of any failure to perform the Services in accordance with these Terms and Conditions shall be limited to the re-performance of the relevant part of the Services as far as is practicable.
10.8 Subject to the provisions of this clause 10, the total liability of GoToJobBoard to the Recruiter in respect of any loss or damage under or in connection with these terms and Conditions shall not exceed the aggregate amount of Fees paid by the Recruiter in the twelve months immediately preceding the incurring of such loss or damage.
GoToJobBoard and the Recruiter agree to keep these Terms Conditions and all information that is obtained about the business, finances, technology and affairs of the other strictly confidential. This clause shall not apply to information which has come into the public domain other than by breach of this clause or is required to be disclosed by law.