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This web site is owned and operated by Carpfish.co.uk and is made available to you on the following terms and conditions. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.
The information and services available on the site are provided for the sole purpose of assisting individuals in finding employment and making career decisions and to assist employers in recruiting staff. You may use, print and/or download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site.
All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to Carpfish.co.uk. Use of the site does not give you any proprietary rights in such materials.
We do not give any warranty or other assurance as to the operation, quality or functionality of the site. Access to the site may be interrupted, restricted or delayed for any reason. We also do not give any warranty or other assurance as to the jobs and content of the material appearing on the site, its accuracy, completeness, timelessness or fitness for any particular purpose.
To the full extent permissible by law, Carpfish.co.uk disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on our site, or from any action or decision taken as a result of using our site or any such material.
Our site contains links to external sites. We are not responsible for and have no control over the content of such sites. Information on our site, or available via hypertext link from our site, is made available without responsibility on the part of Carpfish.co.uk.
Carpfish.co.uk disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from our site.
Advertisers are responsible for ensuring that material submitted for inclusion on our site complies with all relevant laws and regulations. Carpfish.co.uk will not take responsibility for any error, omission or inaccuracy in advertising material.
We accept no responsibility or liability for the contents of advertisements and expect candidates to carry out such verification procedures as are customary and prudent in the circumstances.
Services and information provided on the site by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee their suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on the site in circumstances which may result in loss or damage.
We try to ensure continuous availability of the site and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. We may, additionally, alter the design and specification of the site at any time.
Limitation of Liability:
Our liability, and the liability of our third party suppliers, for any loss or damage suffered by you as the result of your use of this site is limited to your actual direct damages and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss. As required by law, this exclusion does not extend to death or personal injury caused by our negligence.
These terms and conditions shall be interpreted in accordance with English law and all disputes shall be decided by the English courts.
Advertiser Terms & Conditions
1. In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:
any advertisement issued by Carpfish.co.uk on behalf of the Client;
a Client who in relation to the Services is receiving them on behalf of an End Client or is directly or indirectly providing the Services on to an End Client;
a Candidate who applies for a vacancy advertised on the Site;
a service whereby a Client’s message, optionally linked to a page on the internet, is displayed in a graphical format;
a person who uses the Site for the purpose of finding employment;
the company, firm or organisation which has set up an account with the Site in order to use the Services;
the contract for the supply of any Services by Carpfish.co.uk to the Client comprising these terms & conditions and a Service Agreement;
the curriculum vitae or brief outline details of a Candidate’s education, training, skills and employment experience which is provided to Carpfish.co.uk by a Candidate for distribution to Clients with a view to securing employment;
a CV Service which enables the Client to search for and view jobseeker profiles and/or CVs online using various search criteria, subject to fair use policy;
the person to whom the Client’s services are provided;
each calendar month during the Term and for these purposes the first month begins from the Start Date and ends on the day preceding the day numerically equivalent to the Start Date in the following calendar month. If there is no such date in the following calendar month, then the first month ends on the last day of the first month (“Month End Date”). All subsequent months will all have the same Month End Date, or the last day of that subsequent month if earlier.
an Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made there under);
the services which Carpfish.co.uk has agreed to provide pursuant to the Service Agreement and these Conditions;
any website operated and maintained by Carpfish.co.uk which Carpfish.co.uk may designate for the purpose of the Contract;
the start date for the provision of the Services as referred to and identified in the Service Agreement and/or invoice for those Services;
the term of the Contract as specified in the Service Agreement;
2. Application of the Terms
1. These Conditions to the exclusion of all previous terms and conditions issued by Carpfish.co.uk shall apply to any Service Agreement entered into after the date on which these Conditions were posted on the Site.
2. These Conditions are deemed to be fully read, understood and accepted by the Client upon receipt of a booking.
3. No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of Carpfish.co.uk.
3. Services Generally
1. uk shall be entitled at anytime without notifying the Client to make changes to the Services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.
2. Any intellectual property, ideas, concepts, know-how or techniques developed by Carpfish.co.uk or obtained during the execution of the Services will be owned exclusively by Carpfish.co.uk.
3. With effect from the Start Date Carpfish.co.uk shall provide the Services for the Term subject to the provisions of these Conditions.
4. co.uk shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control but the Client accepts that it shall still be responsible for the payment of the Fees as if the Services had been properly provided.
5. The Client accepts that:
1. co.uk shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Client’s failure to comply with the Contract;
2. if any quota of Services which are to be used with any period of time specified in the Service Agreement are not used within that period of time;
3. then in each case the Client shall still be responsible for the full payment of the Fees as if the Services had been properly and fully provided (and for the avoidance of doubt Carpfish.co.ukshall not be liable for providing any unused Services and such Services may not be carried over to any subsequent period).
6. co.ukwill only make available or supply copies of the CVs which have been received by it for distribution to clients of Carpfish.co.uk solely for the purpose of securing suitable employment for the Candidates and the Client accepts that Carpfish.co.uk makes no warranty whatsoever as to the availability of the Candidates
7. Carpfish.co.uk may, at its discretion and without notice, report improper or illegal use of CVs or the Services by the Client to the relevant legal and/or professional bodies including the Department of Employment, the Office of the Information Commissioner and the Recruitment and Employment Confederation.
If the Services include an Advertisement then the provisions of this clause 4 shall apply thereto.
1. All Advertisements are to be entered online by the Client or sent to Carpfish.co.uk in writing.
2. The Client agrees to provide Carpfish.co.uk, in such a format as Carpfish.co.uk may request, any information, design work, artwork and logos necessary to enable Carpfish.co.uk to provide those Services.
3. co.uk shall not be obliged to provide those Services until the Client has supplied it with the information, design work, artwork and logos necessary to provide those Services. If the Client fails to supply Carpfish.co.ukwith the information then clause 3.5 shall apply.
4. Advertisements will remain live on the Site and available for searching via the internet for the number of Months requested by the Client.
5. Any Advertisement placed on the Site and removed by the Client and will be charged for the remainder of that Month as if such cancellation had not occurred and the Services had been properly supplied in full.
6. co.uk may edit, remove or refuse to publish any Advertisement:
1. containing unnecessarily repeated words or phrases which cause a false positioning in the search results seen by a Candidate;
2. Advertising products, services, businesses or websites, including, but not limited to, franchises, pyramid selling, network marketing, multi-level marketing and ‘get rich quick’ schemes.
7. Where the Client chooses to use a third party to submit an Advertisement to the Site, the Client accepts that any malfunction of, or change to, the third party or its incompatibility with Carpfish.co.uk’s systems causing incorrect, missing or multiple submissions to the Site is entirely the responsibility of the Client and the Client agrees that any quota of Services used and Fees incurred will be payable in full.
5. Banner Advertisements
If the Services include Banner Advertisements, the provisions of this clause 5 shall apply thereto.
1. Banner Advertisements must not exceed thirty thousand bytes in size.
2. Banner Advertisements designed by Carpfish.co.uk will be static banners. Animated banners may be used if they are supplied complete to Carpfish.co.uk by the Client at the Client’s own expense and conform to the parameters set out by Carpfish.co.uk. Carpfish.co.uk will not accept any banners produced in Flash graphics.
6. CV Search
If the Services include CV Search, the provisions of this clause 6 shall apply thereto.
1. The Services are subject to any instructions from a Candidate that his or her details should or should not be made available to the Client. In the event that Carpfish.co.uk has reason to believe or suspect that its CV Search are being abused by the Client, including but without limitation to the breach of this clause 6, Carpfish.co.uk reserves the right to immediately suspend or terminate the Contract.
2. The CV Search will (under normal circumstances) be available to the Client at all times and will allow the Client access to all available CVs on the Site.
3. co.uk cannot guarantee the minimum number of new CVs available on any CV Search on any given day.
4. co.uk will (under normal circumstances) ensure that CVs are made available to the Client via CV Service within one working day of receipt of the CV from a Candidate, or searchable online within one hour of receipt of the CV from a Candidate online.
5. In relation to the CV Search the Client shall ensure that no automatic extraction software (to include software tools commonly known as robots and spiders) or any other means, are engaged or deployed, either on a temporary or a permanent basis, or unless specifically requested by the Client and approved in writing by a director of Carpfish.co.uk, to facilitate the downloading or capturing of volume quantities of CVs from the Carpfish.co.uk database.
7. Client’s Obligations
1. The Client hereby undertakes and warrants to Carpfish.co.uk that:
1. in relation to any Advertisement the Client enters into the Contract as a principal notwithstanding that the Client may be acting directly or indirectly for an End Client;
2. the reproduction and/or publication of the Advertisement by Carpfish.co.uk as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render Carpfish.co.uk liable to any proceedings whatsoever and the Client indemnifies Carpfish.co.uk against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Carpfish.co.uk as a result of this undertaking and warranty being incorrect;
3. any information supplied by the Client in connection with the provision of the Services is accurate, complete and true;
4. in respect of any Advertisement which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Client has obtained the authority of such living person to make use of such name, representation and/or copy;
5. each Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
6. each Advertisement issued or caused to be issued by the Client shall mention, in either audibly spoken words or easily legible characters, the full name of the agency or employment business, and whether the services it advertises are those of an agency or an employment business, as the case may be;
7. the Client may not issue or cause to be issued an Advertisement about positions which hirers seek to fill unless the agency or employment business has:
1. information about specific positions of all types to which the advertisement relates; and
2. in relation to each such position, the authority of the Client concerned to find job-seekers for that position, or the authority of an Agency or employment business, which has such authority to issue the Advertisement or cause it to be issued.
8. where it is an Advertising Agency it is authorised by the End Client to place the Advertisement with Carpfish.co.uk;
9. no Advertisement contains any data, image or other material which:
1. is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
2. is defamatory, threatening or racially, ethnically or otherwise objectionable;
3. is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
4. infringes the rights (including, without limitation, the intellectual property rights) of another person;
5. is designed or likely to cause disruption to any computer system or to any network;
6. is illegal or designed or likely to induce an illegal act;
10. The Client:
1. acknowledges that;
1. the Client and Carpfish.co.uk may agree that Carpfish.co.uk can accept instructions in relation to the Services (without having to refer to the Client) from any of the following persons (“Authorised Users”);
1. agreed between Carpfish.co.uk and the Client to be an Authorised User; and
2. any person to whom the Client or any Authorised User provides passwords or is set up as an authorised user of the Services by using facilities offered by Carpfish.co.uk for such purposes;
2. agrees that it will procure that it and all Authorised Users keep confidential and do not disclose to any person any passwords used by them in relation to the Services;
3. Agrees that it will be responsible for any misuse of all such passwords.
2. The Client shall;
1. where it is a Recruitment Agency, comply in all respects with the Employment Agencies Act 1973 (and all regulations made there under) and all statutes, rules, regulations, codes of practice and legal requirements to which the Client is ordinarily subject in respect of its receipt and processing of CVs and related matters;
2. where it is an Advertising Agency, shall ensure that the Services provided are solely utilised for a single End Client;
3. use all CVs supplied pursuant to the Contract and the Services for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Candidates;
4. ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Act 1998 to the extent that it applies and complies with its obligations under that Act;
5. keep confidential the CVs and all other information supplied by EssexJobVacancies.co.uk or Candidates to the Client or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Candidates with their express consent in respect of the CVs;
6. obtain the express consent of a Candidate prior to submitting his or her CV to any person.
7. not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from Carpfish.co.uk to any person provided that where the Client is a Recruitment Agency it may make CVs available to its genuine customers who intend to recruit such Candidates for their own employment:
8. not discriminate between persons endeavouring to secure employment and shall not engage in any illegal discriminatory practices whether by reason of race, sex or disability;
9. be responsible for selecting only suitable Candidates and taking up references and satisfying itself as to the suitability of any Candidate for any particular position.
10. be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by Carpfish.co.uk arising out of the Client’s misuse of information on CVs.
1. co.uk will not be liable (whether in contract or tort) for:
1. any loss of copy, artwork, photographs, data or other materials that the Client supplies to EssexJobVacancies.co.uk and the Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
2. any mistakes or errors whatsoever that arise during the course of publication of any Advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Client;
3. for any loss of profit, loss of revenue or contracts or any indirect, special, economic or consequential loss (whether caused by the negligence of Carpfish.co.uk, its employees or agents);
4. any delay, costs, expense, loss (including loss of profit), damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of Carpfish.co.uk or as a result of the acts or omissions of the Client;
5. any loss or damage whatsoever (including loss of profits) howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, lack of, suitability of or the wrongful disclosure of confidential information by, any Candidate or Applicant. It is for Client to satisfy itself as to the availability, suitability, standard of skill, integrity and reliability of all Candidates or Applicants for any particular job.
2. In no event shall Carpfish.co.uk’ liability to the Client under or in relation to the Contract (whether in contract or tort) exceed the amount of the Fees.
3. Nothing in this Contract will restrict or exclude Carpfish.co.uk’ liability for death or personal injury caused by its own negligence.
4. The Client agrees and acknowledges that save as expressly provided in the Contract no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of Carpfish.co.uk in respect of or in connection with the Services or the Contract and accordingly the Client confirms that it has not, in entering into the Contract, relied on any condition, warranty or representation by Carpfish.co.uk or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services or the Contract. The benefit of any such condition, warranty or representation by Carpfish.co.uk is hereby irrevocably and unconditionally waived by the Client.
4. Payment Provisions
1. All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable.
2. All sums due in respect of the Fees are to be paid, in full, within 30 days of the date of invoice.
3. Any sums that are paid after said date are liable to additional sums in addition to the Fees. Details are provided with the invoice.
5. Termination and Cancellation
1. Subject to the provisions of the Contract, the Services shall be provided for the Term.
2. The Contract and these Conditions apply for the Term unless terminated under this Clause 10.
3. Either party may, at its sole discretion, terminate the Contract at any time by notice in writing to the other party (the “Defaulting Party”) if:
1. the Defaulting Party fails to pay to the other party any amount when due; or
2. if the Defaulting Party is in breach of the Contract and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied.
4. uk may suspend the Services and/or terminate the Contract by notice in writing to the Client if it believes that any acts or omissions in connection with the Contract of a Client that is a Recruitment Agency constitute or lead to breach of the Employment Agencies Act 1973 or any regulations made there under.
5. Upon termination of the Contract the provision of the Services shall immediately cease and the full amount of any sums owing to Carpfish.co.uk by the Client in respect of the Services, whether or not provided, shall become payable with immediate effect.
6. The Client shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by Carpfish.co.uk arising out of the Client’s breach of its obligations under the Contract (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by Carpfish.co.uk).
1. Notice required or permitted to be given under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice;
2. The Client is responsible for notifying Carpfish.co.uk of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to Carpfish.co.uk by first class post or by facsimile.
1. The Client shall not be entitled to assign the Contract nor any or all of its rights and obligations hereunder.
2. If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
3. The Contract constitutes the entire agreement between the Client and Carpfish.co.uk in respect of the Services.
4. Any waiver by Carpfish.co.uk of any breach of, or any default under, any provision of the Contract by the Client will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
5. Failure or delay by Carpfish.co.uk in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
6. The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
These Conditions and any contract, into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts.