Terms

ResponseSource Media Jobs

1. INTERPRETATION

"RS": means ResponseSource Ltd whose registered office is 42 Dingwall Road, Croydon CR9 2DX. This includes any Website owned and managed by RS.

"RSMJ": means ResponseSource Media Jobs

"Service": means services provided by RS and includes but is not limited to, job advertising web banner advertising, content production and candidate registration account made available by us from time to time.

"Website": means the website at http://www.responsesource.com and http://mediajobs.responsesource.com/

"User", "You" or "Your": means any person who accesses or uses any service provided by RS. The terms refer to all individuals and/or entities accessing these websites for any reason, including Customers where applicable.

"Personal Information": means Personal Data as defined in the Data Protection Act 1998 as amended.

"Data": means data or information in any format, whether existing at time of registration or not, which is communicated or transmitted to the User in accordance with a Service.

"Customer": means any person, company, organisation or firm which purchases Services from us.

"Candidate": means a person who submits his/her CV to RS for posting on the Website.

"We", "Us" or "Our": any references of this nature are references to RS.

"Contract": means Services including fees/costs agreed and payable by Customer to receive from RS.

"Contract Term": means the full term specified in the Contract.

"Invoice": means a form provided by RS upon which the Contract will be confirmed and cost will be detailed.

"RS Representative": means any person who is employed by RS.

"CV Service": means the Candidate CV database which is available to specific Customers to search and download Candidate CVs in relation to specific and active job vacancies.

"Unlimited Access": means access to CV Service and the ability to view an unlimited number of CVs. Downloading CVs is subject to 'Reasonable Use'

"Reasonable Use": means less than 3,000 CV downloads within any 30 day period.

"Candidate Registration": means a service available to a User to register with RS using a Username and Password for the purpose of job seeking.

2. GENERAL

i. Viewing of, use of or submission of data to RSMJ shall indicate your agreement of these Terms & Conditions and that you agree to be bound by them.

ii. These Terms & Conditions may be modified at any time without notification and updated accordingly on this page. Any modifications will have immediate effect. You should visit this page regularly to review current Terms & Conditions. The continued use of this site after a modification to our Terms & Conditions will be deemed as acceptance of any change.

iii. These Terms & Conditions shall be governed in accordance with the Laws of England & Wales. The English courts shall have exclusive jurisdiction over any dispute arising out of the use of RSMJ.

iv. RS is not an Agent and does not represent those persons, companies, employers, recruiters and other organisations whose goods, services or details are displayed or referred to on the Website.

v. Failure by us to exercise or enforce any rights conferred by these Terms & Conditions shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.

3. USER/CUSTOMER RESPONSIBILITIES

i. A User may register as a Candidate and be allocated a unique username and password for the authorised use of the User only. These are not transferable, and each User shall keep them strictly confidential and secure.

ii. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the User is breaching these Terms & Conditions.

iii. The User will indemnify RS against any unauthorised use of your username and password, including use by a third party, where you have allowed or facilitated that third party to have access to any data received in conjunction with any of the Services, however so received.

i. By posting and making public a CV on the Website, the Candidate agrees to its inclusion in the CV Database and to be contacted by Customers for the purposes of recruitment.

ii. The website may be used only for lawful purposes by a User seeking employment opportunities, career information and other information and Customers seeking employees and to advertise their business services.

iii. All the contents of this website including text, graphics, images, logos, button icons, software and other information and material displayed herein is the property of RS or its Customers and is only available for reference purposes. It may not be reproduced, particularly on any other website or networked computer environment, other than printing for personal viewing, nor used for the purpose of marketing to any company or individual whose personal or professional details appear on the site and that any approach will be made solely with a view to obtaining professional services.

Requests for permission to use our logo should be directed to an RS Representative on 0345 370 7777.

iv. We endeavour to provide accurate and complete material and correct any errors or omissions brought to our notice. From time to time information appearing may be incorrect. It is the User responsibility to verify any information presented on the site before acting on it. Furthermore you shall exclude us from any liability relating to the site content, as well as against damages, cost and expense suffered as a result of any claim arising out of your use of the site, as well as against any loss of profit, revenue, opportunity, savings, goodwill or other loss of any kind. This extends to other sites to which we provide links.

v. RSMJ contains links to third party websites. These links are provided as a service and not as an endorsement by RS of the content of such third party websites. We do not and cannot accept any responsibility for or liability in respect of the content of third party websites, the owners of which do not necessarily have any connection, commercial or otherwise, with RS. Using any automatic links to gain access to such information is entirely at your own risk.

vi. The appearance of any information, material or contribution in no way indicates our endorsement, approval or recommendation to purchase any product or service displayed or advertised. We accept no liability for any services and/or products supplied by any third party appearing on the website.

vii. We make no assurances or provide any guarantee that the website is free from electronic viruses or anything which may have a harmful effect on the technology used to access the site, nor from any site to which RS provides links to and so shall be excluded from any liability in the event of such incidents.

viii. We may at times use the information supplied by you and others to keep you informed about developments on the site. The Users details will be used only to provide the Service(s) specifically requested by the User.

ix. You must not under any circumstances seek to undermine the security of the website or any information submitted to or available through it.

x. You must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the 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 this site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the website.

4. PROVISION OF SERVICE

i. Upon payment of the Contract agreed by the Customer, RS shall grant the Customer right to use the Service for the Contract Term.

ii. In agreeing to the Contract, the Customer accepts that RSMJ is an advertising medium and cannot guarantee a particular level of response to adverts or in the case of job adverts a minimum number of CVs available through the CV Service.

iii. If (for reasons beyond its control) RS is unable to keep the Websites live or updated for a period of 5 consecutive working days (Monday to Friday) or more, the Customer shall be entitled to a pro rata rebate of monies paid to RS. (See point 14i under Site Availability).

iv. RS shall make such alterations to any Services as are reasonably requested by the Customer and, to the extent that such alterations involve an increase to the fees payable for such Services (as agreed in an invoice), such increase shall be agreed by the Customer and RS before RS makes such alterations to the Services.

v. If RS receives any complaints from a User or Candidate, RS reserves the right to terminate or suspend the Contract without incurring liability to the Customer. The Customer will be entitled to a grace period of 2 working days to remedy any breach before RS is able to suspend the Contract. The Customer will have no claim against RS in such circumstances. Furthermore, the Customer shall not be entitled to any refund paid to RS.

5. SUBMISSION OF DATA

i. You accept that you are solely responsible for the content of your contribution and exclude RS from any liability relating to such content, as well as against any damages, cost and expense suffered as a result of any claim against arising out of your failure to comply with these Terms & Conditions.

ii. You are solely responsible for ensuring that the data supplied is true, accurate and up to date and complete and also for updating that information where necessary. Furthermore, you are also responsible to ensure that no data submitted is misleading or likely to mislead or deceive, untrue, defamatory, obscene, discriminatory, indecent, offensive or in breach of any relevant laws, legislation, regulations, guidelines or codes of conduct, trademark or other intellectual property rights of any person in any jurisdiction.

iii. You are also responsible for ensuring, as far as is reasonably practical, that all information, data and files are free from viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this site.

iv. We reserve the right to remove any information supplied by you from this website following notification to you, and provided that we have given you an explanation for such removal.

v. You agree that your contribution may be copied by us or by a User of the site for any lawful, including commercial, purposes.

vi. We make no guarantee as to who or how many individuals or businesses, if any, will visit the site or view your contribution or job postings or any other services now and in the future.

6. RECRUITMENT CUSTOMERS

i. A Customer may consider the following options for posting vacancies onto RSMJ;

a. Post & Pay - A facility that enables a Customer create a unique Client Vacancy Administration Area online and post a vacancy or vacancies direct onto RSMJ using the facilities provided; for which payment must be made in advance by credit or debit card. or;

b. Multi poster account - A Customer must contact an RS Representative and terms of use will be agreed between the Customer and RS prior to the Customer receiving a username and password to access the Client Vacancy Administration Area. The terms of use will be confirmed in the Contract and Invoice presented by RS.

ii. A Customer will be able to post vacancies directly to RSMJ. You should allow a reasonable amount of time, which shall not exceed 24 hours, for vacancies to upload.

iii. A job posted on RSMJ will remain live for 28 days (Standard posting) from the date of posting or such shorter time as we agree with the Customer. Any extension of this time will be charged to the Customer as a new posting, unless the Customer has requested a premium posting or has unlimited access. If a Customer deletes a job and then reposts it or posts another, this will be classified as two jobs and charged accordingly.

iv. Where a Customer is provided with a unique username and password, RS will ensure that suitable instructions are provided in order to manage the Client Vacancy Administration Area.

vii. For the purposes of job advertisements we draw your attention to our 'Submission of Data' Terms & Conditions.

SITE RULES

We have rules regarding the use of RSMJ and in particular relating to content and format of jobs posted on RSMJ. Use of our Services is subject to the acceptance of the following:

Job Posting

a. Customers may not duplicate jobs at the expense of other Customers jobs.

b. No gratuitous use of keywords in job descriptions or job titles. Gratuitous is defined as deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.

c. Job advertisements placed on RSMJ must be for genuine vacancies only, and not designed to solicit interest in other products or services, either related or unrelated to recruitment.

d. URLs or links (live or text only) are not permitted in the body copy of the job description. Email links are permitted from the 'send an email' link and URL linking is permitted from the 'apply online' link.

e. Only one (1) vacancy or job may be described in any posting.

f. The Customer shall keep confidential all information disclosed by the Candidate and act in accordance with the Data Protection Act 1998 and the Employment Agencies Act 1973 and all other relevant legislation and regulations.

g. Job adverts must be categorised accurately using the appropriate job category for each listing. RS reserve the right to edit job categories for any job adverts that it feels do not meet this criteria.

h. A job advert may not exceed 3,500 characters (including spaces)

i. The Customer shall be limited to Reasonable Use of job adverts and CV downloads.

Responses to advertisements

a. You agree to deal fairly and responsibly with applicants who may respond to a posting you have listed and not do anything which may bring RSMJ into disrepute.

Illegal Advertisements

a. Advertisements which discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. If we believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from RSMJ without liability to you to make any refund of amounts paid or due to be paid in respect of the posting and will inform you accordingly.

7. MULTI-JOB POSTING SERVICES

i. The Customer accepts that RS is not responsible for the establishment or maintenance of any account held with any multi-job posting supplier

ii. The Customer accepts that RS is not responsible for errors, omissions, duplicate entries or faults caused by any multi-job posting suppliers.

8. THIRD PARTY SITES

i. Content and job adverts posted on RSMJ may also appear on third party websites pursuant to agreements from time to time between RS and the proprietors of such websites.

9. COMMENCEMENT OF SERVICES

i. The Services shall commence on the 'Commencement Date' which shall be specified on the Invoice presented by RS to the Customer, and agreed in advance.

ii. Where payment is received by credit card or debit card, the Services shall commence when payment is received.

10. PRICES

i. Prices are guaranteed for the period stated on the Invoice. Prices are confidential and may not be disclosed by the Customer.

ii. If any Services to be used within a specific time period specified on the Invoice are not used within that period of time they may not be carried over into any subsequent period without prior written consent from an RS Representative. Customers will be responsible for payment for any unused Services.

iii. Continued use of our Services after the expiry of the Contract Term will imply an extension of that Contract and the same terms until use of the Service ceases.

11. PAYMENT

i. When a vacancy is posted online using credit or debit card, payment is due immediately and your vacancy will not be listed unless immediate payment is made.

ii. Customers using RSMJ shall agree to pay the rates as quoted by an RS Representative, indicated on RSMJ and/or confirmed on receipt of an Invoice from RS.

iii. Customers agree to pay an Invoice in full and in accordance with the payment terms, unless a variation has been approved in writing by a Company Director of RS.

iv. Prices are exclusive of Value Added Tax (VAT) which the Customer shall be additionally liable to pay RS.

v. Where the Customer is paying in instalments, and an instalment is unpaid at any time during the agreement, RS can withdraw the instalment payment option and the entire amount outstanding will become immediately due and payable.

vi. All payments are due within 30 days, unless alternative terms are agreed in writing by both parties, from the date of Invoice and/or unless payment is received in advance by agreement.

vii. Late payment of Invoices shall entitle us to suspend your use of the site, without notification in the event that any outstanding sum has not been paid within 30 days of written notice to the Customer that such sum is overdue until such time as the outstanding sum is paid.

12. REFUND POLICY

i. Online payments: Given that the service we offer is immediate, once an online payment has been made ResponseSource Media Jobs cannot accept cancellation of the purchased job credit(s) and no refund will be provided.

13. TERMINATION

i. Customers may terminate any Services provided by RSMJ under the terms of the Contract, by offering no less than 90 days' notice, which represents a termination period. Such a request must be submitted in writing to our registered office address by pre-paid or registered post and will take effect from date of receipt of notification.

ii. Any monies paid in advance over the 90 day termination period will be refunded within 30 days of the last day of the termination period.

iii. Where a request to terminate Services is received from a Customer prior to the end of an agreed Contract, RS reserves the right to, at our discretion, revoke any discounts agreed for the entire Contract Term.

iv. Credit or debit card payments will only be charged when your job advertisement is published on RSMJ. If in the unlikely event your job is not published or if you experience any other technical difficulties, please contact an RS Representative on 0345 370 7777. You may not cancel a posting after your card has been charged.

v. We may terminate the provision of Services and/or deny you access at any time and at our discretion and without notification if;

a. You are in material breach of these Terms & Conditions and have not remedied such a breach within 7 working days (Monday - Friday) of notice specifying the breach and requiring that it be remedied, or;

b. The Customer becomes insolvent, ceases to trade or goes into liquidation

c. We have evidence to support that you are using the site in an improper or unlawful or way

14. SITE AVAILABILITY

i. We will endeavour to provide continuous access to the website, although we may at any time have the need to suspend or restrict access to the site (providing reasonable notice where practicable).

ii. In the event of the Services being unavailable for any consecutive period of 24 hours or more the Contract Term will be shall be extended by the period of such unavailability, without further payment by the Customer but RS shall have no further liability to the Customer in respect of such non-availability.

15. FORCE MAJEURE

i. Except with respect to obligations to pay fees under these terms and conditions, force majeure means anything outside the reasonable control of a party including but not limited to acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, ceasing to be entitled to access the internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation, embargo, failure or delay in transportation, any act or omission including laws, regulations, disapprovals or failures to approve of any Government or Government agency.

ii. If a party is wholly or partially precluded from complying with its obligations by force majeure, then that party's obligations to perform in accordance with these terms and conditions will be suspended for the duration of the force majeure.

iii. As soon as practical after an effect of force majeure, the party affected by force majeure must notify the other party of the extent to which the notifying party is unable to perform its obligations under this Agreement. If a force majeure event continues for more than 30 days, the party which has not been affected by the force majeure shall be entitled to terminate the Contract.

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