|
Terms and Conditions
for any advertiser that has logged onto the maxiSearch.com, .co.uk, .net or .de site accessing information or ordering advertising on this site.
DEFINITIONS
An "Advertisement" means advertising for a job vacancy in any of the following forms: job listings, banner advertisements, "job of the week" advertising, "featured employer" advertising and/or any page(s) of employer, recruitment consultancy, employment agency, advertising agency or partner advertising together with any other form of advertisement as shall appear on the web site from time to time.
The "Advertiser" means any person using and purchasing the Employer Services. "Person" includes, but is not limited to, employers, recruitment consultancies, employment agencies and advertising agencies using the system to place recruitment advertisements. In the circumstance of any agency acting on behalf of one of their own clients, www.maxiSearch.co.uk will charge the agency, and not the agency's client.
The "Applicant" means any person applying to any employment vacancy advertised on the web site.
"Self-Service" means the means the service provided by www.maxiSearch.co.uk enabling an Advertiser to place Advertisements directly onto the Web Site, get a listing of all active advertisements and editing of advertisements.
The "Services" means the service, including Self-Service, provided by www.maxiSearch.co.uk of placing Advertisements on the web site.
The "Web Site" means any web site on which any Advertisement appears including www.maxisearch.com and www.maxiSearch.co.uk
OBLIGATIONS OF WWW.MAXISEARCH.CO.UK
www.maxiSearch.co.uk will use its reasonable endeavours to enable Applicants the facility of viewing the Advertisements of Advertisers on the Web Site.
OBLIGATIONS OF THE ADVERTISER
The Advertiser undertakes to use all reasonable precautions against access of the Web Site (or any web site that is, or may become, linked to any Web Site) by any unauthorised persons including, but not limited to, the use of user names and passwords and the securing of information relating to communications between Advertisers' hardware and the rest of the web site.
The Advertiser undertakes to comply with the provisions of the Data Protection Act 1998 or relevant legislation with regard to any Applicant information received by it and in particular to keep such information confidential.
The Advertiser is responsible for ensuring that the content of any Advertisement is not discriminatory, obscene, defamatory, or in any other way illegal or in breach of any legislation. The Advertiser also agrees to comply with all relevant industry Codes of Practice.
The Advertiser acknowledges that it is not vested with any proprietary rights in respect of the web site, or any CV or other information submitted by any Applicant.
The Advertiser shall indemnify Www.maxiSearch.co.uk against all claims made by third parties in respect of the misuse of data supplied to the Advertiser.
The Advertiser shall obtain from the Applicant as much information about the Applicant's qualifications and experience as is necessary for determining whether the Applicant is suitable for employment, and shall ascertain that the Applicant has such qualifications as are required by law.
The Advertiser shall ensure that the Applicant is fully aware of any conditions imposed by law which must be satisfied by the Applicant and that any employment resulting the Advertisement shall be legal.
The Advertiser agrees not to employ, or make arrangements to employ, a young person (being a person under the age of 18) who is attending, or has ceased to attend school, unless the Advertiser has made all such enquiries as are reasonably practicable for the purposes of ascertaining that the young person has received vocational advice.
RATES
The advertising rates shall be those rates as agreed between www.maxiSearch.co.uk and the Advertiser from time to time.
PAYMENT
Payment for Advertisements may be made in one of two ways:
- by one of the following credit/debit cards: Visa, MasterCard, Switch or Delta. By clicking the "Place Order" button the Advertiser is authorising www.maxiSearch.co.uk to deduct the cost of the Advertisement(s) from its account.
- where www.maxiSearch.co.uk agrees in writing to the same, within 30 days from the date of www.maxiSearch.co.uk' invoice.
If the Advertiser fails to make any payment by the due time then all moneys owing by the Advertiser to www.maxiSearch.co.uk shall immediately become due and payable and the provisions of clause 5.3(b) shall forthwith apply to such moneys.
It is www.maxiSearch.co.uk' practice to provide invoices to each Advertiser to whom credit is extended at the beginning of each month in which payment is due. Liability for payment arises from publication of the Advertisement. Further, all items on the invoice are deemed to be payable, any errors or omissions must be communicated to www.maxiSearch.co.uk in time to be rectified before payment becomes due. Payment for the Advertisement shall be made as aforesaid whether or not the Advertiser shall have provided www.maxiSearch.co.uk with an order number at the time the Advertisement was booked.
The Advertiser agrees to pay to www.maxiSearch.co.uk in respect of each advertisement for which payment is not made by the due time: a) the sum of £15.00 as an administration charge; and b) interest on the amount paid late at the rate of 4% per annum above the base rate of Barclays Bank PLC in London accruing from day to day (including the date on which payment was due) both before and after judgment.
Where payment is made by credit card the following terms and conditions will apply:
Any information being passed over the internet, whether credit card details, names, addresses, phone numbers or other sensitive information, is encrypted to the highest industry standard. All information is held by webpage-marketing.com Ltd. who will be responsible for debiting the correct amount from the Advertiser's card.
No contract will subsist between the Advertiser and Www.maxiSearch.co.uk in relation to any Advertisement unless and until the Advertiser has submitted its payment details to webpage-marketing.com Ltd. and they have confirmed to www.maxiSearch.co.uk that the Advertiser's account has been debited. There will then be a legally binding contract between us.
The Advertiser confirms that it has the necessary authority to enter into the contract with www.maxiSearch.co.uk.
All prices are quoted in pounds sterling or US$ and payment cannot be accepted in any other currency.
All confidential information, including credit card details, is held securely and only transmitted in encrypted form. See www.maxiSearch.co.uk Privacy Policy for more details.
ADVERTISEMENTS
In the event that the Advertiser wishes to cancel the Advertisement before it appears on the Web Site then it must give thirty days written notice to www.maxiSearch.co.uk and the cost of the Advertisement (if paid) will be refunded to the Advertiser less an administration charge of £25.00 per Advertisement cancelled. In the event that the Advertisement has not yet been paid for then www.maxiSearch.co.uk will invoice the Advertiser for an administration charge of £25.00 per Advertisement cancelled.
The Advertiser may cancel an Advertisement before the Advertisement has completed its term, but shall not be entitled to a refund for the time not used. The Advertiser may extend the term of an Advertisement at the agreed rate.
The Advertiser may suspend the Advertisement from the Web Site so that it may no longer be viewed by users of the Web Site before the Advertisement has completed its term, but shall not be entitled to a refund for the time not used. The Advertiser may extend the term of an Advertisement at the agreed rate.
In the event that any Advertiser cancels any contract prior to the date on which it would otherwise terminate then such Advertiser will be required to pay www.maxiSearch.co.uk the difference between any discounted rate paid pursuant to the contract and the relevant rate card costs for the Advertisement(s) in question.
www.maxiSearch.co.uk reserves the absolute right, without giving any reasons, to decline, cancel or remove any Advertisement for any reason and at any time without prior notice.
An Advertisement which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex or race will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act. A statement must be made at the time the Advertisement is placed saying which of the exemptions in the Act(s) is considered to apply.
www.maxiSearch.co.uk will use its reasonable endeavours to publish the Advertisement on the agreed publication date. www.maxiSearch.co.uk does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Advertisement.
If the Advertiser is a recruitment consultancy then no client names, logos or links to a client's web site will be permitted to appear in any Advertisement placed by the recruitment consultancy on behalf of any client.
LIABILITY
www.maxiSearch.co.uk does not verify or guarantee any Applicant's details whether forwarded to Advertiser via www.maxiSearch.co.uk or otherwise. www.maxiSearch.co.uk accepts no responsibility as to the suitability of Applicants who respond to Advertisements.
The Advertiser shall satisfy itself as to the suitability of any Applicant and shall take up any reference provided by the Applicant before engaging any such Applicant.
The Advertiser shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Applicant, and shall satisfy itself of any medical or other requirements or qualifications required by law.
www.maxiSearch.co.uk does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to, indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from Advertiser's use of (or inability to use) this web site.
www.maxiSearch.co.uk makes no warranty that this web site (or any web site that is, or may become, linked to this web site) is free from computer iruses, "cookies", or any other malicious or impairing computer programmes and/or that the web site shall operate uninterrupted and error-free.
www.maxiSearch.co.uk does not accept liability, of any description, however arising, for any loss or damage caused to any Advertiser, or any other third party, arising from any virus or other impairing computer program contained in any CV submitted by any Applicant.
INDEMNITY
The Advertiser agrees to indemnify www.maxiSearch.co.uk and to keep www.maxiSearch.co.uk indemnified in respect of, but not limited to, all damages, costs or liabilities that www.maxiSearch.co.uk may incur arising from an Advertiser's advertisement, and in particular resulting from the following:-
a) the publication of any defamatory statement;
b) breach of copyright;
c) any claims made by any person in respect of race, religion, age, sex or disability discrimination.
DISCLAIMER
Except as otherwise provided by statute, www.maxiSearch.co.uk disclaims all warranties, express or implied by law of statute, in relation to, but not limited to, the Web Site.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, and construed in accordance with, the laws of England and Wales if the Advertiser resides outside the United States of America, North or South America or the laws of Texas for Advertisers residing within North or South America and each party irrevocably submits to the exclusive jurisdiction of its courts.
MISCELLANEOUS
The placing of an order for an Advertisement amounts to an acceptance of these terms (including any additional matters set out in the rate card) to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
If any provision of these terms is held to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by Www.maxiSearch.co.uk shall be effective except in relation to the matter in respect it was specifically given.
Nothing in these terms is intended to confer on any person any right to enforce any provision of these terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. Insofar as the Advertiser is a "consumer" (as that term is defined in the Consumer Protection (Distance Selling) Regulations 2000, the Advertiser agrees that the provision of services under these terms may, by agreement between the Advertiser and www.maxiSearch.co.uk, take place before the end of any applicable cancellation period, in which case the right to cancel such provision of services shall not apply.
CONTRACTING PARTY
maxisearch.co.uk, maxisearch.com, maxisearch.net, maxisearch.org are trading names of Maxisearch Limited which is a division of webpage-marketing.com Limited, registered office at 50 Victoria Road, Burgess Hill, West Sussex, RH15 9NF, United Kingdom and Maxisearch Inc., registered in Texas, 106 Halmar Cove, Georgetown, Texas 78628 USA.
|
