These Terms apply to the 'Customers' use of the websites owned and managed by Red Advertising Ltd and the on-line recruitment, candidate traffic forwarding services, multi-posting and applicant tracking technology services and information services offered through it ("the Service").
On Commencement of Advertising or the take up of Multi-Posting Technology or associated products through 'the service' the Customer accepts these Terms & Conditions.
2. PROVISION OF FREE TRIALS
Where Customers take a free trial to test the effectiveness of the service the following conditions apply:-
2.1 Only one free trial is permitted per customer
2.2 The free trial period will be specified by the service provider
2.3 The free trial period cannot be extended without the consent of the service provider
2.4 The free trial is for evaluation purposes only
2.5 At the end of any trial period granted no further obligations apply for either party until the customer takes up the Service Agreement offered after the trial period.
3. PROVISION OF SERVICE
3.1 In consideration of the agreed advertising costs, Red Advertising Ltd grants the Customer access to the services and/or technology agreed.
3.2 Unless the Customer gives notice of cancellation by email to us, not less than 7 days before the expiry date of the Current arrangement the arrangement will automatically continue on the existing basis.
3.2.1 For Clients on a monthly invoiced 'PPC Arrangement' this means that we will roll the arrangement over to the next month unless we receive your instructions to the contrary in line with 3.2
3.2.2 For clients on 'Fixed Price Arrangement' this means that renewal on the existing basis will continue unless we receive your instructions to the contrary in line with 3.2
4. PRICE & PAYMENT
4.1 The Customer shall pay to Red Advertising Ltd for services provided and shall pay all applicable VAT and other taxes imposed on charges for Services made as invoiced.
4.2 All invoices are to be paid by Customer within 30 days of the date of the invoice, unless otherwise stated and agreed by Red Advertising Ltd in writing confirmed by both the customer & service provider.
4.3 Where it has been agreed that the Customer can pay a 'Fixed Price Arrangement' invoice by installments, if any installment is unpaid at any time during the agreed schedule of payment dates then Red Advertising Ltd will withdraw the installment option and the entire amount outstanding will then become immediately due and payable.
4.4 Red Advertising Ltd may charge interest on all sums outstanding beyond the date on which they are due for payment under these Terms & Conditions at a rate of 2% per week above bank of England base rate.
4.5 Red Advertising Ltd may withdraw any prompt payment discounts included within any invoice arrangement, should payment not be made within the agreed invoice period.
5. CUSTOMER OBLIGATIONS & RESPONSIBILITIES
5.1 The Customer accepts that, following any contact with specific candidates:
5.1.1 It shall be up to the Customer and the Candidate to agree how to progress matters further;
5.1.2 That the Customer shall act in good faith and in a businesslike and courteous manner; and
5.1.3 That the Customer shall act in accordance with the Data Protection Acts.
5.2 To avoid any possible abuse of our services, Red Advertising Ltd reasonable request, the Customer shall supply Red Advertising Ltd with such information that it reasonably requires confirming:
5.2.1 Any Job info that has been supplied for posting on our network or to any third party Job Board is accurate; and
5.2.2 That Customer is not in breach of this Agreement and that advertisement's posted are in line with advertising standards accordingly.
5.3 In order to fully support the Customer with regard to communication it shall be the Customer's responsibility to advise Red Advertising Ltd of any change in their contact details.
6. RED ADVERTISING LTD - OBLIGATIONS & RESPONSIBILITIES
6.1 To provide the Services with reasonable care and skill.
6.2 To maintain Services on a 24 hour by 7-day basis (subject to periodic essential maintenance activity) to support Customer's online requirements.
6.2.1 In the event of Services being unavailable for any consecutive period of 24 hours (with the exception of de-activated accounts), Red Advertising Ltd shall extend the terms for 'Fixed price
Arrangements' by the period of such non-availability, without further cost to the Customer.
6.3 If (for reasons beyond its control) Red Advertising Ltd is unable to keep the Website live or updated for a period of 14 working days or more, Customers on 'Fixed Price Arrangement' deals shall be entitled to a pro rata rebate of monies paid to Red Advertising Ltd for the service during the period of downtime at the discretion of a Director of Red Advertising Ltd.
6.3.1 On the basis of 6.3 customers that have deposited funds in advance of advertising arrangements would be issued with a complete refund but only at the discretion of a Director of Red Advertising Ltd.
6.3.2 Your normal statutory rights are not affected
7.1 Advertising arrangements may be terminated by Red Advertising Ltd if: -
7.1.1 After providing written notice to the Customer of breach of 5.1 (1/2/3), if such breaches are not rectified within 10 working days by Customer providing appropriate information to Red Advertising Ltd to amend the Job info
7.1.2 If the Customer fails to pay Red Advertising Ltd on the due date any sums that may be due
7.1.3 If the Customer makes any material misrepresentation in order to become a registered user of the Website;
7.1.4 If the Customer is using the Website for any improper use or with the intention to damage the reputation of either the Website or the Services provided by Red Advertising Ltd.
7.2 Either party may terminate the service arrangement immediately by notice to the other:
7.2.1 If any resolution or petition to wind up the other's business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver or administrative receiver of the other's undertaking, property or assets shall be appointed but the Customer acknowledges that except in such circumstances, it has no right to terminate the agreed advertising arrangement unless agreed by both parties.
7.2.2. In the event of early termination of service by a customer before the natural expiry date of the service agreement, no refund of any money paid by the customer will be provided.
8. ENTIRE TERMS & CONDITIONS
These Terms & Conditions form the entire understanding of the parties and supersedes all previous Terms, Agreements, understanding and representatives relating to its subject matter.
No addition, amendment or modification of these Terms shall be effective, unless in writing and signed as accepted by Red Advertising Ltd.
9. GOVERNING LAW
This Agreement shall be governed and construed in accordance with English law.
10. WEBSITE USAGE
Standard Terms applicable to websites and their use either at the front end of the specific Red Advertising owned website or within the customer administration areas of same:-
10.1. Interruptions and Omissions in Service
whilst we try to ensure that the standard of all Red Advertising owned websites remain high and to maintain the continuity of them, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate a website (or any particular part of it) or to provide the service offered on the website. We may vary the specification of any site from time to time without notice.
10.2 Information on our websites
Whilst we make every effort to ensure that the information on our website are accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on our websites or any liability in respect of information on our websites supplied by you. This also applies to any other site user or any other person.
10.3 Links to other Sites
On some of our websites you may be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.
10.4 Your Use of our websites
you may only use a Red Advertising owned website for lawful purposes. You must not under any circumstances seek to undermine the security of a website or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload a system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of a Red Advertising website or attempt to decipher, disassemble or modify any of our software, coding or information comprised in our websites.
You are solely responsible for any information submitted by you to our websites. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this site. We reserve the right to remove any information supplied by you from any of our websites at our sole discretion, at any time and for any reason without being required to give any explanation.
10.5. Information Submitted by you
10.6 Content Rights
the rights regarding material on our websites are protected by international copyright, software and trademark laws and you agree to use our websites in a way that does not infringe these rights. You may copy material from our websites for your own private or domestic purposes, but no copying for any commercial or business use is permitted. A detailed policy of our copyright and restricted trade mark information is available on request.
10.7 Security and Passwords
In order to register with our websites and to sign in when you visit us, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an authorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
11. OTHER LIABILITY
We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of our websites and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to any of websites and your use of them to the maximum extent permitted by law.
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of our websites. You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of our websites.
12. CHOICE OF LAW AND JURISDICTION
The use of any of our websites and any agreements entered into through Red Advertising Ltd are to be governed by and construed in accordance with English law. The courts of England are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of our websites or any agreement made through Red Advertising Ltd.
Some of the goods or services offered through our network may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using a Red Advertising Website which you would not have suffered had you been accessing this website as a United Kingdom resident (including as a result of us being prevented from dealing with any application or enquiry by any law, regulation or other ruling applicable in any country).
13. OTHER INFORMATION
Other information of interest that applies to usage of or within our websites includes:-
13.1 Contact Details
If at any time you wish to contact us or wish to clarify any of these terms and conditions please feel free to call us on 0845 60 00 550.
We are committed to privacy for everyone who accesses the site. Under the Data Protection Acts of 1984 and 1998, we must comply with certain regulations, which are designed to ensure that any data you provide to us is processed with due care and attention.
13.3 What sort of data do we collect?
We collect data related to your recruitment agency and the details of access codes to various job boards you may subscribe to. This data consists of information such as your agency name, address, e-mail address, and similar details of consultants working for your agency. We also collect information in the aggregate to provide us with a better understanding of the users of our website as a group, but which does not contain personally identifiable information.
13.4 Why do we process this personal data?
We process this personal data as necessary to aid the recruitment process. We may also use data collected in the aggregate to help us to understand our users as a group so that we can provide you with a better service. How is this data safeguarded?
The security of your data is extremely important to us. Access to your personal data is only provided to our staff and third parties who help us to process data and, in order to help with the recruitment process, to prospective employers or customers.
13.5 What are 'cookies' and why do we use them?
'Cookies' are ways of saving a small amount of personal information. We only use them to save your user name or password to allow easy access to our site and to make the most of the functions available on the site. We advise you not to use 'cookies' if other people share your computer.
A customer who is using 'the service' as offered by Red Advertising Ltd
Refers to Red Advertising Ltd
This means an individual or website visitor. They may be referred to our websites as a jobseeker.
This is the offer document for the continuing provision of service. It outlines the duration of the service and the costs involved.
This means information on any job vacancy, which the Customer is seeking to fill on the website.
This refers to the advertising solutions, multi-posting and applicant tracking technology or associated products purchased.
This is a Pay per Click arrangement where the charges made are based on a successful click through to the customer's website or service. Clients on a PPC Arrangement either deposit funds on account in advance or are invoiced for the click throughs delivered at the end of each calendar month.
Fixed Price Agreement
This is where the total cost of advertising for an agreed period is stated and invoiced at the inception of the arrangement.
Red Advertising Ltd
This is the UK Ltd company with registered No. 5269423 and VAT Registration number 849 448 477. It also refers to brands and trading names of the company including Redgoldfish Jobs, JobMate and all of the other brand websites under our control as listed on our network website page.
this is when all data is collected and processed as a total to enable us to look at such information as demographic and geographic trends, so that we can try to produce a better service in the future.
information which is being processed by equipment operating automatically in response to instructions given for that purpose, is recorded with the intention that it should be processed by means of such equipment, is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system or forms part of an accessible record.
data which relates to a living individual who can be identified from those data, or from those data and other information which is in the possession of, or is likely to come into the possession of, ARC Technologies.
Data Protection Acts 1984 and 1998
these are the Acts of Parliament which set out principles relating to the use of data to ensure that the rights of the person who is the subject of the data are protected under the law.
the process of gaining employment and advertising for and recruiting new staff and the ongoing administrative process involved once a user has gained employment or recruited new staff.
this is a statement by Red Advertising Ltd that explains the ways that we try to protect our users' privacy.
Sensitive personal data
personal data consisting of information as to the racial or ethnic origin of the data subject, political opinions, religious beliefs or other beliefs of a similar nature, membership of a trade union, physical or mental health or condition, sexual life, the commission or alleged commission of any offence or any proceedings related to any offence.
these are companies and people other than Red Advertising Ltd and the group of companies of which it is part.
people who use our website and register their details with us for the purposes of recruitment, either to gain employment or for the purposes of advertising and recruiting new staff.