Terms and conditions update (23 June, 2005)
General
Terms of use
This web site is owned and operated by Totaljobs Group Ltd 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.
Data protection
Our use of CVs and other personal information supplied by users of this
site is governed by our privacy policy. Please
click here to view our privacy policy.
Use of the site
The information and services available on the site are provided for
the sole purpose of individuals looking for employment opportunities
and career information and for employers seeking to recruit staff. You may
use, print and 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 or Totaljobs Group Ltd
its third party suppliers. Use of the site does not give you
any proprietary rights in such materials.
Jobseekers
CVs and job advertisements
CVs and job advertisements contained on the site are provided by candidates
and by prospective employers and their agents and are not reviewed by us.
We accept no responsibility or liability for the contents of CVs or
advertisements and expect candidates and prospective employers to carry out
such verification procedures as are customary and prudent in the circumstances.
totaljobs.com services
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.
Service availability
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.
Credit card payments
totaljobs' core jobseeking services are free to use. However, some non-core
services require payment to access. The payments are made by credit card
using World pay's secure transaction environment. Please visit
Worldpay's
web site for more information.
Refunds
Our system will only charge your credit card when the product or service
you have requested has been dispatched. If you have difficulties with the
above system, please contact our customer relationship management team. You
can reach them at
postingsupport@totaljobsgroup.com
or ring them on +44 (0) 207 769 9151.
Governing law
These terms and conditions shall be interpreted in accordance with English
law and all disputes shall be decided by the English courts.
Browser and operating system policy
totaljobs.com endeavours to support as many users as possible, but it has become necessary to cease supporting some browser versions. If your browser is not supported, you may still be able to access our site, but you may encounter some display problems.
| Policy |
Browser |
| Not supported |
Opera, Mozilla, Safari |
| Browsers we support |
IE**5.5, IE6, IE7, NN*6, NN7, Firefox |
| Policy |
Operating system |
| Not supported |
Macintosh, Windows (16 bit), Unix, Linux |
| Operating systems we support | Windows (32 bit) |
*Netscape Navigator **Internet Explorer
totaljobs.com also requires jobseekers to enable session cookies (enabling permanent
cookies is recommended), and JavaScript, in their browser.
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Terms and conditions of business for recruiters
General
In these terms and conditions:
- 'Customer' means any person, company, organisation or firm which purchases
Services from us;
- 'Order Form' means an order for Services on a form provided by us
(in any format) and signed by a Customer;
- 'Services' means all recruitment products and services made available
by us from time to time;
- 'Contract Month' means, in respect of any Order Form relating to the
provision of Services for a specified period of months, the calendar month
commencing on the start date specified in the Order Form and ending on the day
before the same date in the next calendar month. For example, the calendar month
commencing on 24 February and ending 23 March;
- 'Contract Term' means the full term specified in the Order Form.
Commencement of Services
We will not commence the provision of Services pursuant to any Order Form until
the Order Form has been returned to us, in a form approved by us and signed by the
Customer.
Prices
Prices are guaranteed for the period stated on the Order Form. Prices are
confidential and may not be disclosed by the Customer.
A job posted on totaljobs.com will remain live for 28 days 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. Any jobs posted in addition to the agreed number of jobs per
month will be charged at a price per job agreed with the customer at the time of
the contract negotiation. If no price has been negotiated, a flat fee of £250 per
job will be charged for each job over the agreed number. A single job is identified
by its unique ID number. If a customer deletes a job and then either reposts it or
posts another, this will be classed as two jobs.
If any Services to be used within any time period specified on the Order Form are
not used within that period of time they may not be carried over into any subsequent
period without our prior written consent. The Customer will be responsible for
payment for any unused Services.
Payments
All prices exclude VAT. All invoices are payable within 28 days from invoice date. Late payment will
entitle us to suspend provision of Services. Interest will be payable on late
payments at the rate of 3% above National Westminster Bank plc's base rate from
time to time.
Termination
The Customer may terminate the provision of Services under any Order Form by no less
than 30 days notice to expire at the end of a Contract Month. Termination by the
Customer before the end of the Contract Term may, at our discretion, result in loss
of discounts agreed for the entire Contract Term.
We may terminate the provision of Services if:
- the Customer is in material breach of these terms and conditions and has
not remedied such breach within ten days of notice specifying the breach and requiring
that it be remedied, or:
- the Customer becomes insolvent, ceases to trade or goes into liquidation.
Limitation of liability
Our total liability to the Customer in respect of any Services, except for death
or personal injury caused by our negligence, is limited to the total amount paid
to us during the Contract Term for such Services or £10,000, whichever is the greater.
Job advertising
Job adverts go live after payment confirmation on totaljobs.com during the following times based on 24 hour clock UK time;
Weekdays
| Job advertised between |
Job live in/by |
| 00:00 - 07:59 |
11:00 same day |
| 08:00 - 17:00 |
Within 3 hours |
| 17:01 - 23:59 |
11:00 following day |
|
|
Weekends & Bank Holidays
| Job advertised between |
Job live in/by |
| 00:00 - 07:59 |
11:00 same day |
| 08:00 - 23:59 |
11:00 following day |
|
You will be notified by email when your job adverts have gone live on totaljobs.com.
Employment Agencies and Employment Business Regulations 2003
Jobseekers and recruiters need to be aware that this job board operates as a venue only and does not introduce or supply work-seekers to recruiters (or vice versa). This means that we do not:
- obtain sufficient information for potential recruiters to select a suitable work-seeker for the position which the recruiter seeks to fill;
- obtain confirmation of the identity of a work-seeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
- take any steps to ensure the work-seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfil the position to be filled;
- take any steps to ensure that it would not be detrimental to the interests of the work-seeker or the recruiter for the work-seeker to fulfil the position to be fulfilled;
- give any indication to recruiters whether work-seekers are unsuitable (or suitable) for any position to be filled in any circumstances;
- propose work-seekers to recruiters or provide any information about them.
- take up any references in relation to a work-seeker; or
- make any arrangements for accommodation of work-seekers.
The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that work-seekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered work-seekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since we are only a venue and do not propose or introduce work-seekers to recruiters or vice versa, it is recommended that, if you are a work-seeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a work-seekers suitability for the role.
These could include:
- If you are a work-seeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
- If you are a recruiter; checking the identity of the work-seeker and that the work-seeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a work-seeker to take up a position.
In addition, where professional qualifications are required or where work-seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the work-seeker and undertake a criminal records bureau check of the work-seeker. For more details of how to undertake a criminal records bureau check, please click here.
Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.
Site rules
We have rules regarding the content and format of jobs posted on totaljobs.com. Their purpose
is to ensure that users who search the site or the totaljobs.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 totaljobs.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 Rules are:
- No duplicating of jobs at the expense of other clients' jobs.
- No gratuitous use of keywords in job descriptions or job titles.
Gratuitous means 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.
- Job advertisements placed on totaljobs.com must be for genuine vacancies
only, and not for other products or services, either relating to or
unrelated to recruitment including, but not limited to, affiliate
schemes, pyramid selling schemes or any other so called 'business
opportunity'.
- 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 online' link.
Illegal Advertisements
Advertisements which appear to 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 totaljobs.com without liability to you to make
any refund of amounts paid or due to be paid in respect of the posting or
otherwise and will inform you accordingly.
Responses to advertisements
You agree to deal fairly and professionally with individuals who may respond
to an advertisement you have posted and not do anything which may bring totaljobs.com
into disrepute. You will indemnify us from and against any claim brought by an
individual against totaljobs.com arising from your breach of this obligation or any
other of these terms and conditions.
We do not guarantee any response to your advertisement or that responses will
be from individuals 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 and have the required qualifications
and personal characteristics.
Equipment
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 totaljobs.com.
Content and links
If your advertisement links to another site via our external apply online option,
you are responsible for maintaining the links and for the content of your
advertisement and the linked site. We may remove from totaljobs.com any advertisement
which contains content or links to a site which, in our opinion, is defamatory,
illegal or objectionable or will bring totaljobs.com into disrepute. You will indemnify
us from and against any claims or liability arising from content or links contained
in your advertisements.
Third party sites
Vacancies you post on totaljobs.com may also appear on third party recruitment web sites
pursuant to agreements from time to time between totaljobs.com and the proprietors of such
web sites.
Browser and operating system policy
totaljobs.com endeavours to support as many users as possible, but it has become necessary to cease supporting some browser versions. If your browser is not supported, you may still be able to access our site, but you may encounter some display problems.
| Policy |
Browser |
| Not supported |
IE*5, IE5.5 Opera, Mozilla, Safari |
| Browsers we support |
IE6, IE7, Firefox (Credit card posting only) |
| Policy |
Operating system |
| Not supported |
Macintosh, Windows (16 bit), Unix, Linux |
| Operating systems we support | Windows (32 bit) |
*Internet Explorer
totaljobs.com also requires users of recruiter services to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in their browser.
Use of candidate database
Employment Agencies and Employment Business Regulations 2003
Jobseekers and recruiters need to be aware that this job board operates as a venue only and does not introduce or supply work-seekers to recruiters (or vice versa). This means that we do not:
- obtain sufficient information for potential recruiters to select a suitable work-seeker for the position which the recruiter seeks to fill;
- obtain confirmation of the identity of a work-seeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
- take any steps to ensure the work-seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfil the position to be filled;
- take any steps to ensure that it would not be detrimental to the interests of the work-seeker or the recruiter for the work-seeker to fulfil the position to be fulfilled;
- give any indication to recruiters whether work-seekers are unsuitable (or suitable) for any position to be filled in any circumstances;
- propose work-seekers to recruiters or provide any information about them.
- take up any references in relation to a work-seeker; or
- make any arrangements for accommodation of work-seekers.
The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that work-seekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered work-seekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since we are only a venue and do not propose or introduce work-seekers to recruiters or vice versa, it is recommended that, if you are a work-seeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a work-seekers suitability for the role.
These could include:
- If you are a work-seeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
- If you are a recruiter; checking the identity of the work-seeker and that the work-seeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a work-seeker to take up a position.
In addition, where professional qualifications are required or where work-seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the work-seeker and undertake a criminal records bureau check of the work-seeker. For more details of how to undertake a criminal records bureau check, please click here.
Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.
Rights in the database
Database rights and all other applicable copyright and intellectual property rights
in the candidate database belong to Totaljobs Group Ltd. 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.
Use of the database
The material you are entitled to receive from the candidate database is determined
by the product you have purchased from us. On receipt of this material you may:
- Use, search or download it to your database using the Candidate Search back office
interface and its associated functions 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.
- Use the information about the individuals contained in the database for
the purpose of contacting them (either directly or through totaljobs.com depending on
the product you have purchased) in relation to a specific job vacancy.
- Use the information only in connection with your own recruitment-related activities.
You may NOT:
- Supply, sell or license material from the candidate database, or a copy of it, to
any other person, including another member of your group of companies.
- Download the database through any automated (e.g. "scraping") process.
- Contact the individuals on the 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.
Deletion of database material
You agree to delete all material from the candidate database upon its replacement with
up-to-date material or the satisfactory conclusion of your search for a suitable candidate,
whichever occurs first.
Dealings with candidates
You agree to deal fairly and professionally with individuals you may contact using information
from the candidate database and not do anything which may bring totaljobs.com into disrepute. You will
indemnify totaljobs.com from and against any claim brought by an individual against totaljobs.com arising from
your breach of this obligation or any other of these terms and conditions.
Passwords
Passwords are for the sole use of the person to whom they are issued. 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 and conditions.
Online advertising
- These terms and conditions apply to all advertising material ('Campaigns')
accepted by Totaljobs Group Ltd for display on any of our web sites. By placing a
Campaign you accept these terms and conditions as principal, even if you are acting as
agent or buyer for the actual advertiser.
- We must receive the complete creative content for a Campaign in acceptable format
at least two working days before 9 am on the go- live date specified in your order.
Otherwise, we may not be able to achieve the specified go-live date but you must pay
the full amount set out in the order irrespective of whether any delivery target for
impressions have been met.
- To cancel or alter your order you must inform us, by fax or email at the number
or address on the order, at least two working days before 9 am on 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.
- You are responsible for the content of the Campaign and for ensuring that it
complies with all relevant legislation and codes of practice. If we receive complaints
about the content or the Campaign we may, at our discretion, remove the Campaign from
display without reference or liability to you. You will indemnify us against any claim
that the Campaign or its content infringes the intellectual property rights or other
rights of others 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 you place on totaljobs.com comply with the
Conduct of Employment Agencies and Employment Businesses Regulations 2003.
- 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 us harmless accordingly.
- Where a Campaign is sold on a cpm basis, we will provide you with a password to
enable you to monitor the number of impressions served in lieu of any other right of
audit. You will not use the password, or the system to which it gives you access,
for any other purpose.
- Your sole remedy if we, or our third party subcontractors who may host and
serve Campaigns from time to time, make an error in displaying any Campaign is the
cost of re-running the relevant Campaign. Neither we nor our subcontractors shall
be liable in any circumstances for any loss of profit or business. We shall,
additionally, have no liability for failure to display the Campaign caused by
circumstances outside our control.
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