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Terms and Conditions

Terms and Conditions: Advertising on www.recruitersolutions.co.uk


Introduction:

In this contract the following expressions have the following respective meanings unless the context otherwise requires:

“Online publisher” means Iain Bennett T/A Recruiter Solutions

“Advertiser” means the person or company identified on the order form.

“Service” means the provision of advertising space.

“Website” means www.recruitersolutions.co.uk

1.       Agreement

(1)      This is an Agreement between you and Iain Bennett T/A Recruiter Solutions here after referred to as Recruiter Solutions regarding the provision of advertising space on www.recruitersolutions.co.uk – which provides a medium to connect recruitment agencies with service providers / suppliers to the Recruitment Industry.
(2)       By accepting this agreement you are accepting to be bound by the terms and conditions as contained in this agreement.

2.       Agreement Period

(1)      This Agreement shall be in force for the duration of the placement of your advertisement.

3.       Advertisers Representation

The advertiser warrants and represents to the online publisher that:

(1) it has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;

(2) it has complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice;

(3) it will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by the online publisher.

The advertiser agrees to indemnify the online publisher forthwith on demand and hold the online publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the online publisher in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services.

The advertiser will defend or settle at its own expense any action or other proceedings brought against the online publisher that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. The online publisher shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defence of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to the online publisher) and shall not enter into any settlement or compromise of any such claim without the advertiser's prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the online publisher in any such action or proceedings.

4.       Design rights.

(1)       The online publisher reserves the right to re-design parts of or the entire website and to re-position advertising and sponsorship accordingly without prior notice.
(2)       The practice of deep linking may be necessary, thus enabling visitors to by-pass your home page to visit specific areas of your website directly.
(3)       Optimised web pages containing your company name and information may be submitted to search engines at the expense of the online publisher.
(4)       Positioning of advertisements is at the sole discretion of the online publisher except where a request for a specific preferred position is acknowledged by the online publisher in writing. Material must be received by the agreed date, otherwise position may be lost, reduced or, in the case of directory listings or fixed position advertisements, the insertion term may be reduced.

5.       Campaign Period.

(1)       The online publisher will notify the advertiser by email that their advertisement has been added to the website.
(2)       The agreed duration will begin from notification by the online publisher.
(3)       The advertiser must notify the online publisher as soon as is reasonable by email of any inaccuracy or changes that need to be made.
(4)       The content of all ads incorporating data provided by a third party is not subject to the advertiser's prior approval but no warranty is given by the online publisher with relation to the accuracy of such advertisements. The online publisher does not undertake to review the contents of any advertisements and any such review of, and approval by, the online publisher shall not be deemed to constitute an acceptance by the online publisher that such advertisement is provided in accordance with the terms of the Agreement, nor shall it constitute a waiver of the online publisher's rights hereunder. The online publisher makes no warranty, express or implied, as to the accuracy of any advert. In the event that any advert is inaccurate, the advertiser's sole remedy is for the online publisher to remedy such inaccuracy within 2 working days of it being notified of the inaccuracy by the advertiser.

6.       Obligations, Warranties and Limitation of Liability.

(1)       If Recruiter Solutions believes that you have breached any provision of this Agreement or in the event of your insolvency or bankruptcy Recruiter Solutions may, with immediate effect and without notice, terminate or suspend this Agreement.
(2)       The online publisher will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect or consequential losses;
In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the advertiser acknowledges that the online publisher will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of the online publisher, the advertiser or a third party).

Nothing in these terms and conditions shall exclude or limit the online publisher's liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.

Subject to the above, the liability of the online publisher in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these terms and conditions or the performance or observance of its obligations under these terms and conditions, and every applicable part of them shall be limited to the amendment of any inaccurate data in accordance with Section 5 above or in the event that the online publisher fails to electronically publish an advertisement, the advertiser's sole remedy and the online publisher's entire liability to the advertiser shall be limited at the online publisher's option to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position.

The advertiser acknowledges that any website on which an advert is displayed is provided on an "as is" and "as available" basis without any representation or endorsement. The online publisher makes no warranties of any kind, whether express or implied, in relation to such website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.

7.       Force Majeure

(1)       Recruiter Solutions will not be liable for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control of Recruiter Solutions, including without limitation Internet outages, communication outages, fire, flood, war or acts of God.
(2)       These terms shall survive any termination of this Agreement.

8.       Miscellaneous

(1)       No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions.
(2)       If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain enforceable.
(3)       The terms of this Agreement and the provision of the Service and the relationship between you and Recruiter Solutions shall be governed by the laws of England and Wales. You agree irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales.
(4)       The failure of Recruiter Solutions to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right. This Agreement constitutes the entire agreement between you and Recruiter Solutions in relation to the Service.