Terms and Conditions
Advertisers & Recruiters (the "Agreement")
These are the terms and conditions that apply to your use, as the Customer, of the Services (described below) and our provision of those Services to you in our capacity as the Company.
The Services include but are not limited to The Advertising Service on the college.jobs.ac.uk Website.
The terms and conditions may be updated by us from time to time without notice to you. You should review these terms and conditions periodically for changes. Particular Services may also be governed by additional or alternative terms and conditions, which will be posted on the college.jobs.ac.uk Website.
By using the college.jobs.ac.uk Website and any of the Services you are deemed to have accepted these terms and conditions.
In these terms and conditions, the following words shall have the following meanings:
"Advertisement" means the advertisement(s) sent by the Customer to the Company to be placed on the college.jobs.ac.uk Website;
"Applicant Tracking System" means a recruitment management system through which the Customer can automatically send requests for the placing of adverts to selected media outlets, including the Company
"Candidate(s)" means the registered users of the college.jobs.ac.uk Website, and where applicable users who have made available their Curriculum Vitae (“CV”);
"college.jobs.ac.uk Website" the Company's website college.jobs.ac.uk;
"Company" means Warwick University Services Limited trading as college.jobs.ac.uk;
"Contract" means the contract made between the Company and the Customer for the placing of the Advertisement on the college.jobs.ac.uk Website;
"Customer" means the party wishing to make use of one or all of the respective Services and with whom the Company contracts;
“Data Processing Particulars” means, in relation to any Processing under this Agreement:
(a) the subject matter and duration of the Processing;
(b) the nature and purpose of the Processing;
(c) the type of Personal Data being Processed; and
(d) the categories of Data Subjects;
as set out in clause 10.5.
“Data Protection Laws” means any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regard to the Processing of Personal Data to which a Party is subject, including the Data Protection Act 2018 (“DPA”) and EC Directive 95/46/EC (the “DP Directive”) (up to and including 24 May 2018) and on and from 25 May 2018, the GDPR and legislation enacted in the UK in respect of the protection of personal data;
“Data Subject Request” means an actual or purported request or notice or complaint from or on behalf of a Data Subject exercising his rights under the Data Protection Law in relation to Personal Data including without limitation: the right of access by the Data Subject, the right to rectification, the right to erasure, the right to restriction of processing, the right to data portability and the right to object;
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and repealing Directive 95/46/EC (General Data Protection Regulation) OJ L 119/1, 4.5.2016;
“ICO” means the UK Information Commissioner’s Office, or any successor or replacement body from time to time;
“ICO Correspondence” means any correspondence or communication (whether written or verbal) from the ICO in relation to the Processing of Personal Data;
"Intellectual Property Rights" means any, copyright, database rights and related rights, rights in designs and trademarks (registered or unregistered), rights in confidential information (including know-how and trade secrets) and including all applications (and rights to apply) for, and renewals or extensions of, such rights which subsist or will subsist, now or in the future, in any part of the world;
“Losses” means all losses, fines, penalties, liabilities, damages, costs, charges, claims, amounts paid in settlement and expenses (including legal fees (on a solicitor/customer basis), disbursements, costs of investigation (including forensic investigation), litigation, settlement (including ex gratia payments), judgment, interest and penalties), other professional charges and expenses, disbursements, cost of breach notification including notifications to the data subject, cost of complaints handling (including providing data subjects with credit reference checks, setting up contact centres (e.g. call centres) and making ex gratia payments), all whether arising in contract, tort (including negligence), breach of statutory duty or otherwise;
“Personal Data” means any personal data (as defined in the Data Protection Laws) Processed by either Party in connection with this Agreement, and for the purposes of this Agreement includes Sensitive Personal Data (as such Personal Data is more particularly described in clause 10.5 (Data Processing Particulars);
“Personal Data Breach” has the meaning set out in the Data Protection Laws and for the avoidance of doubt, includes a breach of clause 10.2.2(g);
“Processing” has the meaning set out in the Data Protection Laws (and “Process” and “Processed” shall be construed accordingly);
“Products” means any Products listed on our pricing page;
"Profile Information" means the information provided by a Candidate including (without limitation) name, email address, location, and current role;
“Restricted Country” means a country, territory or jurisdiction outside of the European Economic Area which the EU Commission has not deemed to provide adequate protection in accordance with Article 25(6) of the DP Directive and/or Article 45(1) of the GDPR (as applicable);
“Security Requirements” means the requirements regarding the security of Personal Data, as set out in the Data Protection Laws (including, in particular, the seventh data protection principle of the DPA and/or the measures set out in Article 32(1) of the GDPR (taking due account of the matters described in Article 32(2) of the GDPR) as applicable;
“Sensitive Personal Data” means Personal Data that reveals such special categories of data as are listed in Article 9(1) of the GDPR; and
“Services” means Products supplied by the Company to the Customer.
1. Basis of a Contract
1.1 Subject to the terms and conditions set out in this Agreement, a Customer may
request the Company to place an Advertisement (the "Advertisement Request") on the college.jobs.ac.uk Website;
1.2 The Customer will make the Advertisement Request to the Company via the online self-submit form or via an Applicant Tracking System.
1.3 A Contract shall come into existence:
1.3.1 Whenever an Advertisement (or a replacement advertisement pursuant to clause 2.1) is placed on the college.jobs.ac.uk Website by the Company.
1.4 Subject to clause 8.6, the terms and conditions of this Agreement shall form the terms and conditions of each Contract and shall apply to the exclusion of any terms or conditions whether put forward by or on behalf of the Customer in or on its order or otherwise or whether implied by law (insofar as the exclusion of the same is lawful).
1.5 No alteration to these terms and conditions set out in this Agreement shall be effective unless expressly agreed to in writing by the Company.
1.6 The Company may in addition to placing the Advertisement on the college.jobs.ac.uk Website and in order to increase the exposure to the Advertisement place the Advertisement on any other relevant website operated by the Company and / or any third party at no extra cost to the Customer and the Customer acknowledges, agrees and accepts that by requesting the Company to place the Advertisement on the college.jobs.ac.uk Website, the Company may so place the Advertisement as provided for in this clause 1.6.
1.7 The Customer and the Company agree to be bound by the terms and conditions set out in this Agreement and in each Contract.
The Advertising Service
2. Price and Payment in respect of the Advertising Service
2.1 The fees for placing an Advertisement on the college.jobs.ac.uk Website are available on request as set out in the Pricing page on the college.jobs.ac.uk Website. The Company shall be entitled to charge the Customer a further placement fee where variations to the Advertisement are requested by the Customer and accepted by the Company whether such variations are made by the Company or by anyone else. Any variation will result in the advertisement becoming a replacement advertisement. Where the customer requests the Company to place a duplicate advertisement a placement fee shall be charged for each advertisement.
2.2 If the Customer requests the Company to place any Advertisement which includes details of more than one post the Company may split the Advertisement into an Advertisement for each post or each category of post as it deems appropriate and a placement fee is payable in respect of each Advertisement into which the Customer's request is split and which the Company so places on the college.jobs.ac.uk Website.
2.3 Unless otherwise expressly stated in writing, all prices are exclusive of VAT.
2.4 The Customer shall bear the cost of any withholding tax or any other taxes imposed by countries outside of the United Kingdom arising as a result of the sale and purchase of the Advertising Service and any other services provided by the college.jobs.ac.uk Website. The Company shall not be compelled to take any steps to mitigate any liability which the Customer may incur in this regard.
2.5 The Company may invoice the Customer at any time after the Advertisement has been placed on the college.jobs.ac.uk Website, and the Customer shall make payment in full within fourteen days of the date of the Company's invoice.
2.6 Where Product credit purchases are made the following applies:
2.6.1. Product credit purchases are made exclusively for the use by the Customer and cannot be transferred without the permission of college.jobs.ac.uk;
2.6.2. Credits are available to the Customer for an agreed period of time. Once the agreed period has elapsed all unused credits will expire and no refund or option to carry forward is available;
2.6.3. Where an invoice has been requested for payment of credit purchases, payment is due within 14 days of the date of invoice. If payment is not received within the prescribed period the credit purchase will be deemed to be terminated and all Products will be charged at full price.
2.7 Interest at the annual rate of 2% over the base rate of the Barclays Bank plc will be charged on a daily basis on all monies outstanding after the due date until the actual date of payment (both before and after judgement).
3.1 The Customer warrants that:-
3.1.1 It has obtained all necessary consents in respect of all contents of the Advertisement (the "Advertisement Content") and that the Advertisement Content complies with all necessary legal statutory and regulatory requirements including, but not limited to any codes under the supervision of the Advertising Standards Authority;
3.1.2 The Advertisement Content does not and will not infringe the Intellectual Property Rights of any third party;
3.1.3 The Advertisement Content is honest, decent, truthful, accurate and contains nothing which is defamatory, libellous or blasphemous or which would or might have a detrimental effect upon the reputation of the Company and/or Warwick University; and
3.1.4 The Advertisement Content does not discriminate against any person(s) on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, sexual orientation as set out in the Equality Act 2010 and/or any other ground that may be rendered unlawful by any changes in legislation from time to time.
3.2 The Customer shall be responsible to the Company for ensuring the accuracy and sufficiency of its Advertisement Content.
4.1 Without prejudice to any other provisions in these terms and conditions the Customer shall indemnify the Company in full against all liability, loss including loss of profit, costs, damages and expenses (including legal expenses) awarded against or incurred or paid by the Company as a result of or in connection with:
4.1.1 Breach of any warranty given by the Customer in relation to the Advertisement Content;
4.1.2 Any claim that the Advertisement Content infringes the Intellectual Property Rights of any third party;
4.1.3 Any breach of any of the Customers obligations under the terms and conditions of this Agreement or each Contract, and/or any act omission or negligence on the part of the Customer.
4.1.4 Breach of any warranty given by the Customer in relation to the use of the Services;
4.1.5 Any breach of any of the Customers obligations under the terms and conditions of this Agreement or each Contract and/or any act omission or negligence on the part of the Customer.
5. Right to Refuse to Accept or to Remove Advertisement
5.1 The Company reserves the right to refuse to place any Advertisement at its discretion including but not limited to where the Advertisement contains moving images or which the Company believes is or may be of an illegal or libellous nature or may be an infringement of the proprietary or other rights of a third party or is otherwise unsuitable for publication.
5.2 The Company further reserves the right to remove any Advertisement for any reason including but not limited to those set out in this clause 5. In which case the Company's sole obligation shall be to so inform the Customer and subject to clause 8.6 the Company shall have no liability whatsoever in respect thereof.
6. Email Communications
6.1 Messages from the Company may be confidential. Where the Customer is not the intended recipient of emails from the Company, the Customer will not copy or disclose any message to any third party and will notify the sender and delete the message.
6.2 Opinions, conclusions and other information in any message that do not relate to the official business of the Company or the college.jobs.ac.uk Website shall be understood as neither given nor endorsed by it.
6.3 No Contracts shall be concluded by means of an email.
6.4 Subject to clause 8.6 the Company accepts no responsibility for viruses and it is the recipient's responsibility to scan any email and any attachments.
7. The Access to and Use of the recruiters’ online portal
7.1 The Company allows the Customer to access the recruiters’ online portal on the following basis:
7.1.1 That the Customer is a bona fide recruiter, employer or a recruitment agent acting for a recruiter;
7.1.2 The Customer will at all times keep its password (which is personal to the Customer) for the recruiters’ online portal secure and will not allow it to be used by any third party to access any of the Services or be otherwise shared with or disclosed to any third party;
7.1.3 The Customer will be fully responsible for all activities that occur under their password or account. The Company will not accept liability for any loss or damage arising from the Customer’s failure to comply with this obligation;
7.1.4 If the Customer becomes aware that any third party has access to its password, the Customer will immediately notify the Company and the Company shall provide the Customer with a new password as soon as reasonably practicable;
7.1.5 The Customer will not do anything which would assist anyone who is not a registered user of the recruiter’s online portal to gain access to or misuse it;
7.1.6 The Customer will not maliciously create additional accounts for the purpose of abusing the functionality of the college.jobs.ac.uk Website or the Candidates who have signed up to the college.jobs.ac.uk Website, or other users; nor will the Customer seek to pass itself off as another user.
7.2 If, for any reason, the Company believes that the Customer has not complied with these terms and conditions or is misusing the recruiters’ online portal in any way, the Company may, at its discretion, cancel, suspend or otherwise restrict the Customer's access to the college.jobs.ac.uk Website and the recruiters’ online portal immediately and without giving any advance notice.
8. Warranty and Liability in respect of the Services
8.1 The Company will not be liable to the Customer:-
8.1.1 in contract, tort (including without limitation negligence) and / or breach of statutory duty for any loss or damage which the Customer may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the Services by the Company its servants or agents in excess of the following amounts:
126.96.36.199 for provision of the Advertising Services: or the fee paid for the Advertisement;
188.8.131.52 in contract tort (including without limitation negligence) and/or breach of statutory duty for any loss of profit, any indirect or consequential (including economic) loss of any kind which the Customer may suffer by reason of any act omission neglect or default (including negligence) in the performance of Services by the Company, its servants or agents.
8.2 The Company does not warrant the accuracy or reliability of any Candidates' CVs or other information or Personal Data relating to Candidates ("Candidate Information") that the Customer acquires or has access to from their Recruiter account. The Company does not review the Candidate Information or verify the accuracy of the information contained therein.
8.3 The Company has no liability to the Customer for any direct or indirect losses including (without limitation) loss of profits, or damages incurred arising out of the Customer's use, or inability to use any CVs or Candidate Information.
8.4 In the event that the Company's continuing publication of the college.jobs.ac.uk Website is restricted, curtailed or prevented by any applicable law or regulation or any other thing beyond the Company's control, the Company may terminate this Agreement forthwith in whole or in part.
8.5 The Company accepts no liability for any delay or disruption to the Customer whilst using the Services or for any loss or damage to the Customer's account or for any loss or damage caused by any error or technical fault.
8.6 Nothing in this Agreement shall exclude or limit the Company's liability to the Customer for fraud or statements made fraudulently; or for death or personal injury caused by the Company's negligence, or for any other liability which cannot be excluded or limited under applicable law.
9. Termination and Suspension of the Services
9.1 Subject to any other provision in this Agreement to the contrary, without prejudice to any rights and remedies available to it, the Company shall be entitled, forthwith on written notice to the Customer either to terminate this Agreement; or each Contract or any other contract with the Customer wholly or in part or to withhold performance of all or any of its obligations under this Agreement; each Contract and/or any other contract with the Customer (and on the giving of such notice all monies outstanding from the Customer to the Company shall become immediately due and payable) if;
9.1.1 Any sum owing to the Company from the Customer on any account whatsoever shall be unpaid 30 days after the due date for payment;
9.1.2 The Customer commits any material breach of the terms and conditions of (i) this Agreement or any contract (including without limitation a Contract) with the Company, which is not remedied by the Customer within 7 days of notice by the Company to the Customer of such material breach;
9.1.3 The Customer is no longer a bona fide recruiter, employer or a recruitment agent acting for a recruiter; or
9.1.4 The Customer, in the reasonable opinion of the Company, is causing a nuisance to any of the Candidates;
9.1.5 The Customer commits or suffers any of the following: namely the passing of a resolution or the presentation of a petition for winding-up, bankruptcy or for the appointment of an administrator, the appointment of a receiver and/or manager or administrative receiver over the whole or any part of the Customer's undertaking and assets, the making of a proposal for a voluntary arrangement within the Insolvency Act 1986 or of a proposal for any other composition scheme or arrangement with or the calling by the Customer of any meeting of its creditors generally, the levying of execution or distress or diligence on any of its assets, the failure to pay its proper debts as and when due and anything analogous to any of the foregoing under the law of the jurisdiction where the Customer is established.
9.2 For the avoidance of doubt, in the event of a suspension of performance of any of the Services (in whole or in part), the Company shall be entitled to require from the Customer, as a condition of resuming performance of any of the Services, the pre-payment, of any further Advertisement(s).
10. Data Protection
10.1 Nature of Processing
10.1.1 The parties acknowledge that the factual arrangements between them dictate the role of each party in respect of the Data Protection Laws. Notwithstanding the foregoing, each party agrees that the nature of the Processing under this Agreement will be as follows:
(a) the parties shall each Process the Personal Data;
(b) each party shall act as a Controller in respect of the Processing of the Personal Data on its own behalf and in particular each shall be a Controller of the Personal Data acting individually and in common, as follows:
(i) Company shall be a Controller where it is Processing Personal Data in relation to providing Services to the Customer, and any Personal Data collected from the Candidate in order to facilitate their placement with the Customer.
(ii) the Customer shall be a Controller where it is Processing Personal Data in relation to collecting Personal Data from the Candidate.
(c) Notwithstanding clause 10.1.1 (b), if either party is deemed to be a joint controller with the other in relation to the Personal Data, the compliance obligations imposed on a Controller by the Data Protection Laws, and the parties shall cooperate to do all necessary things to enable performance of such compliance obligations, except that each party shall be responsible, without limitation, for compliance with its data security obligations set out in clause 10.2.2 where Personal Data has been transmitted by it, or while Personal Data is in its possession or control.
10.1.2 Each of the parties acknowledges and agrees that clause 10.5 (Data Processing Particulars) to these terms and conditions is an accurate description of the Data Processing Particulars.
10.2 Data Controller Obligations
10.2.1 Each party shall in relation to the Processing of the Personal Data comply with its respective obligations under the Data Protection Laws.
10.2.2 Without limiting the generality of the obligation set out in section 10.2.1, in particular, each party shall:
(a) where required to do so make due notification to the ICO;
(b) ensure that all fair processing notices have been given (and/or, as applicable, consents obtained) and are sufficient in scope to enable each party to Process the Personal Data as required in order to obtain the benefit of its rights and to fulfil its obligation under these terms and conditions in accordance with the Data Protection Laws;
(c) ensure that appropriate technical and organisational security measures are in place sufficient to comply with at least the obligations imposed on the Controller by the Security Requirements; and where requested provide to the Company evidence of compliance with such requirements promptly, and in any event within twenty-four (24) hours of the request;
(d) provide a contact point for enquiries to Data Subjects and subject to any information marked as confidential/sensitive, will make available, upon request, a summary of this clause 24 to Data Subjects;
(e) notify the other party promptly upon receipt of a Data Subject Request or ICO Correspondence. Upon notification, the parties shall determine who shall have sole conduct of the response to any such data subject or ICO correspondence, with the other party providing reasonable co-operation and assistance;
(f) use reasonable endeavours to notify the other party if it is obliged to make a disclosure of any of the Personal Data under any statutory requirement, such notification to be made in advance of such disclosure or immediately thereafter unless prohibited by law;
(g) notify the other party promptly upon becoming aware of any actual or suspected Personal Data Breach in relation to the Personal Data received from the other party and shall, within such timescale to be agreed by the parties (acting reasonably and in good faith):
(i) implement any measures necessary to restore the security of comprised Personal Data; and
(ii) support the other party to make any required notifications to the ICO and/or other relevant regulatory body and affected data subjects;
(h) not transfer any Personal Data it is processing to a Restricted Country;
(i) hold the information contained in the Personal Data confidentially and under at least the conditions of confidence as such party holds Personal Data Processed by it other than Personal Data; and
(j) not disclose the Personal Data to a third party (including a sub-contractor) in any circumstances without the other party’s prior written consent, unless that party is prohibited by law or regulation from notifying the other party of that disclosure, in which case it shall do so as soon as practicable thereafter (where permitted by law or regulation)
10.3 The Customer shall indemnify the Company on or after tax basis against any:
10.3.1 monetary penalties or fine; and
10.3.2 losses, damage, costs, charges, expenses and liabilities (including reasonable legal fees and disbursement);
In each case incurred or suffered by it or arising out of or in connection with any breach by the Customer of this clause 10.
10.4 Notwithstanding any provision to the contrary under these terms and conditions, in the event of a breach of this clause 10 by a party, then the non-breaching party may terminate this agreement immediately upon service of written notice on the breaching party to that effect.
10.5 Data Processing Particulars
10.5.1 The Company will process Personal Data in order to provide the Candidate access to a wide-range of employment opportunities and in order to facilitate provision of other Services requested by the Candidate. The Customer will process Personal Data in order to assess a Candidate’s suitability for an employment prospect. Duration of processing will be until this Agreement comes to an end or is terminated in accordance with the terms and conditions contained herein. Therefore, there is adequate lawful basis for the parties to enter into this transaction.
10.5.2 Types of Personal Data being processed: names; contacts details; CV (where applicable); and other relevant Personal Data about the candidate, where applicable, employment history; references; academic qualifications.
11.1 No failure or delay on the part of the Company to exercise any of its rights under this Agreement and/or any Contract shall operate as a waiver; nor shall any waiver by the Company of any breach by the Customer of any of its obligations under this Agreement and / or any Contract affect the rights of the Company in the event of any further or continuing breach.
11.2 Any notice required to be given in writing under this Agreement and/or any Contract by either the Company or the Customer to each other:
11.2.1 shall be given by the Customer to the Company either by letter (via the post) or by email using the Contact Us facility on college.jobs.ac.uk Website; or
11.2.2 shall be given by the Company to the Customer by email or by post, using the contact details provided by the Customer to the Company; and
11.2.3 if notice is sent by email, it shall be deemed to have been received upon transmission, and in the case of a letter, forty-eight hours after posting.
11.3 Neither the Company nor the Customer shall have any liability for any failure to perform or any delay in the performance (other than as to payment) of any obligations under this Agreement and / or any Contract caused by any factor beyond its reasonable control.
11.4 Each and every obligation contained in this Agreement and / or any Contract shall be treated as a separate obligation and shall be severally enforceable as such notwithstanding the non-enforceability of any other obligation.
11.5 The Customer agrees to comply with all applicable anti-slavery, forced and compulsory labour, and human trafficking laws, statutes, regulations in force from time to time, including but not limited to the United Kingdom’s Modern Slavery Act 2015. The Client shall maintain its own policies and procedures to ensure its compliance and enforce them where appropriate.
11.6 This Agreement and each and every Contract shall be governed by English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts.
11.7 This Agreement and each and every Contract is personal to the Customer. The Customer shall not assign, transfer or charge its rights and responsibilities under this Agreement and / or each and every Contract or any of them without the prior written consent of the Company.
11.8 The terms and conditions and of this Agreement and each and every Contract shall not constitute and shall not be deemed to constitute a partnership between the Company and the Customer and the Customer shall not act nor purport to act as agent for the Company but solely as an independent contractor.
11.9 For the avoidance of doubt nothing in this Agreement or any Contract shall confer on any third party any benefit or the right to enforce any provision of these Conditions.