Terms and Conditions of Mobile & Wireless (UK) Limited pertaining to URL: www.WirelessMobile-Jobsboa
(i) References to 'we', 'us' or 'our' are references to Mobile & Wireless (UK) Limited, the company that owns www.WirelessMobile-Jobsboard.com;
(ii) 'Customer' means any person or persons and includes, but is not limited to private or public company, organization, firm, individual, partners, group of persons which purchases Services from us;
iii) Advertising Agency means a third party agency operating on behalf of the Customer to provide, but not limited to logos, artwork, digital files for posting advertisements, sponsorship, logo buttons, or any other item required to enable the Customer to fulfill their order for services placed on WirelessMobile-Jobsboard.com.
(iv) Candidates: A person who is using WirelessMobile-Jobsboard.com for the purpose of applying for jobs posted.
(v) 'Order Form' is the mechanism by which an order for Services is provided by us (in any format, whether hard or soft copy) and signed by a Customer;
(vi) 'Services' means all recruitment products and services made available by us and includes, but is not limited to, posting jobs, advertising products and services, sponsoring, hyperlinks to other sites, templates, candidate search, filtering applicants, and e-shots;
(vii) 'Contract Month' is the same month that the Order Form is received by us with respect to the Services required by the Customer and defines a specific start date and end date. The start date will need to have been agreed and is only effective if all artwork has been made available on time to meet the effective date. The end date is the day before the same day in the next calendar month. For example, the calendar month commencing on 12th April and ending 11th May; the Order can be for more than one calendar month.
(viii) 'Contract Term' is the start and end date specified on the Order Form.
(ix) 'Advertisements' are any recruitment adverts or job posting, corporate advertisements, logo buttons, banner advertisements, sponsorships on any web pages on WirelessMobile-Jobsboard.com, as well as any e-shots sent out in our name.
B. Commencement of Services:
Services cannot start to be made available until the Order Form has been returned to us, in a form defined and approved by us and signed by the Customer. This takes the form of a written Order, such as email, fax, or letter. If the Advertising Agency signs the Order Form, they will be deemed to be the Customer and will be invoiced for the full amount of Services accordingly. If a verbal order has been made, Services will commence after a Formal Agreement for Services has been drafted and signed by both parties and payment has been received.
The price that has been agreed and which appears on the Order Form and/or Formal Agreement and Invoice or Sales Receipt for Services for the period specified will be guaranteed. Prices are confidential and may not be disclosed by the Customer, with exception to Advertising Agencies who need to recharge the Customer. Advertising Agencies may not disclose prices to any other third party. A job posted on WirelessMobile-Jobsboard.com will remain live for a minimum of 7 days, unless the Customer decides to remove the job posting earlier. No refunds can be made on a pro rata basis for whatever reason the Customer decides to remove the job posting. Similarly, if for any reason WirelessMobile-Jobsboard.com has to remove a job posting (which includes but is not limited to for example, being illegal or offensive), no refunds will be made by us. If the initial 7 day period is extended, we will be make a charge to the Customer at the same price as specified on the Order Form and or Invoice. New jobs posted in excess of those agreed within the contract negotiation, will be charged at the same price per job as agreed in the contract negotiation. Exceptions to this are where prices have been set over an agreed promotional period, or on an optional free trial period have been granted at our discretion. No automatic extension will be made to special pricing arrangements of this kind. No refunds will be made for any credits that are not used up in the contract period. A single job is identified by its unique ID number. If a Customer deletes a job and reposts it, or posts it as another job, WirelessMobile-Jobsboard.com will define this as two job postings and will be charged accordingly. If the Customer does not make use of any Services within the time period specified on the Order Form, the Customer cannot carry these Services over to a new contract or another period. The Customer will be responsible for payment for any unused Services.
All prices quoted exclude VAT. VAT, or other appropriate sales taxes will be added to the invoice, for which the Customer shall be additionally liable. All Services booked online and paid by credit card will include VAT, or other appropriate sales tax. In any event, the Customer is responsible for declaring and paying all taxes appropriate in the country(s) they are registered to pay VAT, or their sales tax. The Customer is fully liable for any tax they are legally bound to comply with.
For Customers opening an account, invoices are payable before the account can be activated. If exceptions are made, with invoices being payable within 7 days max, late payment will entitle us to suspend the provision of Services, without refunding any lost days. Discounts are granted on the basis that these credit terms are adhered to. We reserve the right to cancel any preferential discounts/rates in the case of late payment. If the Customer believes there to be an error on the invoice, any errors or omissions must be advised by phone, fax, or email in time for any errors to be corrected before the payment becomes due.
Payments for Services supplied to the Customer are due, regardless of whether an order number has been raised and communicated at the time the Order Form has been signed and agreed.
Interest will be payable, as specified under the Late Payment of Commercial Debts (Interest) Act 1998, which is 8% above the base rate for each month the account remains overdue. In addition, an administration charge of £50 plus VAT per month will be charged for each month that the account remains overdue.
Services can be cancelled by the Customer at any time, though a minimum of 30 days notice is required. The Order will expire at the end of the Contract Month. If the Customer decides to cancel the Order before the end of the Contract Term, we may at our discretion, remove any previously agreed discounts for the entire Contract Term.
We may terminate the provision of Services with immediate effect if:
(i) The Customer is in material breach of these terms and conditions and has not rectified any such breach within ten days of notice of that breach.
(ii) The Customer becomes insolvent, ceases to trade, made bankrupt, is put into liquidation.
Limitation of Liability
(i) Mobile & Wireless (UK) Limited's total liability to the Customer in respect of any Services, (except for death or personal injury) caused by our negligence, or any damages or losses is limited to total amount paid to us during the Contract Term for such Services, or £5,000 (whichever is the lesser).
This includes, but is without limitation to indirect or consequential loss, or loss of business, revenue, profits, or opportunity, howsoever caused, resulting from the Customer's use (or inability to use) this website.
(ii) Mobile & Wireless (UK) Limited does not accept liability for any loss or damage to any materials supplied by an Advertising Agency on behalf of their Customer, the End Customer, or any materials received from the Customer. This includes, but is not limited to artwork, photographic images, or any other data, regardless of the format is it received.
(iii) Mobile & Wireless (UK) Limited does not accept liability for any errors or mistakes that appear in any publication, website, email/e-shot, including all Advertisements where errors or omissions have been made by the Customer and/or Advertising Agency.
Employment Agencies and Employment Businesses
If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act') it is your responsibility to ensure that advertisements you place on WirelessMobile-Jobsboard.com comply with your obligations under the Act and Conduct of Employment Agencies and Employment Businesses Regulations 2004. You agree to comply with the Act and these regulations, as they affect the conduct of your business and the advertisements you place on WirelessMobile-Jobsboard.com.
Rules Specific to Web Portal www.WirelessMobile-Jobsboard.com
We have rules regarding the content and format of jobs posted on WirelessMobile-Jobsboard.com. Their purpose is to ensure that users, who search the site, or the WirelessMobile-Jobsboard.com database, get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from WirelessMobile-Jobsboard.com any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.
The Customer undertakes and warrants to Mobile & Wireless (UK) Limited, regardless of whether the Customer is the Advertising Agency acting on behalf of the Customer, or whether the Customer is the End Customer:
(i) Ensure conformance to the regulations regarding privacy of data, most notably, the Data Protection Act 1998 and any other relevant legislation regarding the use and storage of Candidate information, which is confidential
(ii) No duplicating of jobs at the expense of other clients' jobs.
(iii) No gratuitous use of keywords in job descriptions or job titles. Gratuitous is defined as deliberately inserting words, groups of words, strings of words and sentences, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
(iv) Job advertisements placed on WirelessMobile-Jobsboard.com must be for genuine vacancies only, available at that time and not for any other type of products or services, such as, but not limited to, pyramid selling schemes or affiliate schemes.
(v)URLs or email links (live or text only) are not permitted in the body copy of the job description page. (Email links are permitted from the 'send an email' link and URL linking is permitted from the 'apply' link).
(vi) Use reasonable precautions to prevent unauthorized access to the site, by keeping usernames and passwords secure.
(vii) Customer Advertisements published on WirelessMobile-Jobsboard.com must not breach, infringe or violate the right of any individual. The Customer indemnifies Mobile & Wireless (UK) Limited against any costs, expenses, damages, losses, claims and liabilities in such instances.
(viii) Customer Advertisements using photos/images of any living person, or part of a living person must have obtained the authority of that person before it is published.
(ix) Customer Advertisements must be truthful, legal and decent and meet the relevant codes, rules and regulations necessary.
(x) Customer Advertisements must not be designed to cause disruption, or likely disruption to computers, computer networks, systems, servers or storage.
(xi) An advertisement must not be designed with the purpose of causing an illegal act.
H. Illegal Advertisements
Advertisements which appear to discriminate on grounds of age, sex, race or disability are illegal and could result in legal proceedings being taken against parties originating the advertisement. If we believe that an advertisement may be discriminatory, we may at our discretion either amend the advertisement, or remove it from WirelessMobile-Jobsboard.com without liability to you. WirelessMobile-Jobsboard.com will make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.
I. Responses to Advertisements
The Customer agrees to deal fairly and professionally with individual Candidates who may respond to an advertisement you have posted and not do anything which may bring WirelessMobile-Jobsboard.com into disrepute. You will indemnify us from and against any claim brought by an individual(s) or Candidate against WirelessMobile-Jobsboard.com arising from your breach of this obligation or any other of these terms and conditions.
We do not guarantee that your advertisement will generate the response you expect, or that responses from Candidates will be suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that Candidates are suitable for the job advertised, have the required qualifications and personal characteristics and are eligible to work in the country.
J. Site Availability
We use our best efforts to ensure that WirelessMobile-Jobsboard.com is available to users of the internet 24 hours a day, 7 days a week. However, technical problems can arise from time to time rendering www.WirelessMobile-Jobsboard.com partially or completely unavailable. Such technical problems are beyond our control and therefore we do not accept any liability for any loss or damage. We will, however, deal with these situations as quickly and as reasonably possible, but you agree that we shall have no financial liability to you in the event of such unavailability.
Mobile & Wireless (UK) Limited makes no warranty that www.WirelessMobile-Jobsboard.com or any website that has become linked to www.WirelessMobile-Jobsboard.com, or any CV/Resume that has been uploaded to our site, or 'cookie's is free from viruses, trojan horses, or any other kind of malicious software. We accept no liability for any loss or damage to any Customers, Candidates, Advertisers, third parties, or any other users.
It is your responsibility to ensure that you have the appropriate equipment and are connected to the appropriate services to enable you to post jobs to WirelessMobile-Jobsboard.com.
L. Content and Links
If the Customer has an advertisement on WirelessMobile-Jobsboard.com and it is linked to another site, the Customer is responsible for managing and maintaining these links. The Customer is also responsible for the content of the advertisement and the site to which the advertisement is linked to. We may remove from WirelessMobile-Jobsboard.com any advertisement which contains content or links to a site which, in our opinion, is defamatory, illegal or objectionable or will bring WirelessMobile-Jobsboard.com into disrepute. You will indemnify us from and against any claims or liability arising from content or links contained in your advertisements.
M. Third Party Sites
Vacancies you post on WirelessMobile-Jobsboard.com may also appear on third party recruitment web sites pursuant to agreements from time to time between WirelessMobile-Jobsboard.com and the proprietors of such web sites.
N. Browser and Operating System Policy
WirelessMobile-Jobsboard.com endeavours to support as many users as possible, but it has become necessary to cease supporting or actively block some browser versions.
This website currently supports:
Firefox 1+ Mac/Windows
Safari 1.2+ Mac
Platforms: Mac OSX, Windows XP.
P. Use of Candidate Database
Employment Agencies and Employment Businesses:
If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ("the Act") it is your responsibility to ensure that the use you make of information from WirelessMobile-Jobsboard.com candidate database complies with your obligations under the Act and the various regulations made under it, together with any applicable guidelines. These regulations are currently contained in the Conduct of Employment Agencies and Business Regulations 2004. You agree to comply with the Act and these regulations as they affect the conduct of your business and the use you make of information on WirelessMobile-Jobsboard.com candidate database.
The material you are entitled to receive from WirelessMobile-Jobsboard.com candidate database is determined by the Service you have purchased from us.
On receipt of this material YOU MAY:
(i) Use, search or download CV's and the candidates personal details to your database for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill. You may only download specific candidates that are expected to meet your clients brief.
(ii) Use the information about the Candidates contained in the database for the purpose of contacting them (either directly or through WirelessMobile-Jobsboard.com, depending on the Service you have purchased) in relation to a specific job vacancy.
(iii) Use the information only in connection with your own recruitment-related activities.
YOU MAY NOT:
(i) Supply, sell or license material from WirelessMobile-Jobsboard.com candidate database, or copy it, to any other person, including another member of your group of companies.
(ii) Contact the individuals on the candidate database or make, or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies. You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.
Q. Rights in the Candidate Database
Database Rights (pursuant to the Copyright and Rights in Databases Regulations 1997 and all other applicable Copyright and Intellectual Property Rights in the Candidate Database belong to Mobile & Wireless (UK) Limited. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.
R. Deletion of Database Material
You agree to delete all material from WirelessMobile-Jobsboard.com candidate database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first and not make this information available to third parties.
S. Dealings with Candidates
(i) You agree to deal fairly and professionally with individuals you may contact using information from WirelessMobile-Jobsboard.com candidate database and not do anything which may bring WirelessMobile-Jobsboard.com into disrepute. You will indemnify WirelessMobile-Jobsboard.com from and against any claim brought by an individual against WirelessMobile-Jobsboard.com arising from your breach of this obligation or any other of these terms and conditions.
(ii) The Customer must ensure that they obtain as much information as is necessary to determine the Candidates suitability for the job, as is required by law, including, but not limited to qualifications, experience and eligibility to work in the country.
(iii) The Customer must ensure the Candidate who accepts a job has received a written offer, detailing the nature of the employment and remuneration. This must be written in a way that is clear, concise and comprehendible to the Candidate.
(iv) The Customer must ensure that appropriate references are taken up and validated by either themselves or the employer, before the Candidate starts work.
(v) The Customer agrees to keep a record of all applications for the position advertised for a period of one year from commencement of employment.
T. Online Advertising
(i) These terms and conditions apply to all advertising material ('Campaigns') accepted by Mobile Wireless (UK) Limited ('we' or 'us') for display on WirelessMobile-Jobsboard.com, or on any of our web sites. By placing a Campaign, or Advertisement, you accept these terms and conditions as principal, even if you are acting as agent or buyer for the actual advertiser/End Customer.
(ii) All creative content for a Campaign or Advertisement must be received in an acceptable format at least three working days before 9 am on the go- live date specified on your Order Form. If this is not forthcoming, we may not be able to achieve the specified go-live date. Irrespective, you must pay the full amount set out on the Order Form, regardless of whether any delivery targets for impressions have been met.
(iii) In order to cancel or amend your Order you must inform us, by fax or email at the number or address on the Order, at least three working days before 9 am of the go- live date specified in your Order. Otherwise you must pay the full amount set out in the order, irrespective of whether any delivery targets for impressions have been met.
(iv) You are responsible for the content of the Campaign and for ensuring that it complies with all relevant legislation and codes of practice. If WirelessMobile-Jobsboard.com receive complaints about the content or the Campaign, or Advertisement we may, at our discretion, remove the Campaign from display without reference or liability to you. You will indemnify WirelessMobile-Jobsboard.com against any claim that the Campaign or Advertisement, or its content infringes the intellectual property rights, or other rights of other, or is defamatory or otherwise offensive. If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements and Campaigns you place on WirelessMobile-Jobsboard.com comply with the various regulations made under the Act. These regulations are contained in the Conduct of Employment Agencies and Employment Businesses Regulations 2004 as they affect the conduct of your business and the advertisements you place on WirelessMobile-Jobsboard.com.
(v) You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which the Campaign relates and you will indemnify and hold WirelessMobile-Jobsboard.com harmless accordingly.
(vi) We will provide you with a password to enable you to monitor the number of impressions received, as part of a campaign, as well as to monitor candidates viweing jobs and applying for jobs. You will not use the password, or the system to which it gives you access, for any purpose, other than for legitimate access to managing, monitoring and measuring job posting, or other agreed Services.
(vii) Your sole remedy if we, or our third party subcontractors who may host and serve Campaigns or Advertisements from time to time, make an error in displaying any Campaign is only the cost of re-running the relevant Campaign or Advertisement. Neither we nor our subcontractors shall be liable in any circumstances for any loss of profit, revenue, business, or opportunity. We shall, additionally, have no liability for failure to display the Campaign or Advertisement caused by circumstances outside our control.
(viii) These terms and conditions are governed by the Laws of England.
Company Registration Number: 5755963
Registered in England