1.1 These Terms apply to all Client's use of the websites owned and managed by eCarers Limited By signing the Client Service Agreement Form the Client accepts these Terms & Conditions under which eCarers Limited provides the Service.
2.1 'Candidate' means an individual (who may be referred to on the Websites as a jobseeker) seeking to obtain employment using the eCarers Limited website.
2.2 'Contract Term' means the duration of contract, expressed in weeks, as detailed on the Client service Agreement. If agreed at the time of sale, such Contract Term thereafter to automatically renew at each expiry date unless cancelled in accordance with clause 3 of these terms and conditions.
2.3 'Client' means any person, organisation or company which purchases services from eCarers Limited or any subsidiaries.
2.4 'Client Service Agreement’ means the form which the Client signs in order to obtain the Services.
2.5 'Recruitment Agency' means an employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made there under).
2.6 'Service' refers to the level of 'media access' to the Websites & CV database (where applicable) in accordance with the products purchased as outlined in the Client Activation Form.
2.7 'Websites' means all Websites owned and managed by eCarers Limited
3.1 In consideration of the Licence Fee, as set out on the Client Service Agreement Form signed by the Client, eCarers Limited grants to the Client the non-cancellable right to use the Service for the contract term.
3.2 For Subscription Clients: Unless the Client gives notice of cancellation by email, not less than 30 days before the expiry date of the Contract Term, the Contract Term will automatically renew for a further Contract Term.
3.3 In agreeing to these terms & conditions, the Client accepts that eCarers Limited is an advertising medium and cannot guarantee a particular level of response to adverts. Response rates may vary from day to day and certain sectors or positions may attract higher levels of responses than others.
4.1 The Client shall pay to eCarers Limited for services described on the Client Activation Form in full and shall pay all applicable VAT and other taxes imposed on charges for Services made under this agreement.
4.2 All invoices are to be paid by Client within 14 days of the date of the invoice, unless otherwise stated.
4.3 Where it has been agreed that the Client can pay the invoice in installments, if any installment is unpaid at any time during the agreement, then eCarers Limited can withdraw this facility and the entire amount outstanding will then become immediately due and payable.
4.4 eCarers Limited may charge interest on all sums outstanding beyond the date on which they are due for payment under this agreement at a rate of 8% per annum above bank base.
5.1 The Client accepts that, following any contact with Candidates:
It shall be up to the Client and the Candidate to agree how to progress matters further that the Client shall act in good faith and in a business like and courteous manner and that the Client shall keep strictly confidential all confidential information disclosed by the Candidate and act in accordance with the Data Protection Acts.
5.2 To avoid any possible abuse of the Website and the Services it offers, at eCarers Limited's reasonable request, the Client shall supply eCarers Limited with such information that it reasonably requires to confirm:
Any vacancy information that has been supplied for posting on the Website is accurate and that Client is not in breach of this Agreement;
Client's identity, address and contact details and details of business activities;
5.3 In order to fully support the Client with regard to communication it shall be the Client's responsibility to advise eCarers Limited of any change in their contact details
5.4 Where the Client is a Recruitment Agency they shall comply in all respects with the Employment Agencies Act 1973 (and all regulations made thereunder) and all statues, rules, regulations, codes of practice and legal requirements to which the Client is ordinarily subject in respect of its receipt and processing of CV's and related matters.
6.1 To provide the Services with reasonable care and skill.
6.2 To maintain Services on a 24 hour by 7-day basis (subject to periodic essential maintenance activity) to support Client's online recruitment requirements. In the event of Services being unavailable for any consecutive period of 24 hours (with the exception of de-activated accounts due to late payment), eCarers Limited shall extend the term of this agreement by the period of such non-availability, without any further payment from the Client.
7.1 This Agreement may be terminated by eCarers Limited if: -
7.2 After providing written notice to the Client of breach of 5.1 (1/2/3), if such breaches are not rectified within 10 working days by Client providing appropriate information to eCarers Limited to amend the Jobinfo.
7.3 If the Client fails to pay eCarers Limited on the due date any sums that may be due under this Agreement;
7.4 If the Client makes any material misrepresentation in order to become a registered user of the Website;
7.5 If Client is using the Website for any improper use or with the intention to damage the reputation of either the Website or the Services provided by eCarers Limited.
7.6 Either party may terminate this agreement immediately by notice to the other: If any resolution or petition to wind up the other's business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver or administrative receiver of the other's undertaking, property or assets shall be appointed but the Client acknowledges that except in such circumstances, it has no right to terminate this agreement before the expiry of the Contract Term referred to in the Client Activation Form.
8.1 This Agreement forms the entire understanding of the parties and supersedes all previous Agreements, understanding and representatives relating to its subject matter.
8.2 No addition, amendment or modification of these Terms shall be effective, unless in writing and signed as accepted by eCarers Limited .
This Agreement shall be governed and construed in accordance with English law. Last Modification 29th September 2006.
1.1. These Terms & Conditions are deemed to be fully read, understood and accepted by the Jobseeker upon acceptance of these Conditions during Registration, or in the case of a Jobseeker who has not completed Registration, when an Application is made.
1.2. 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 eCarers Limited.
2.1. eCarers Limited does not make any representation whatsoever about any Advertisement accessed either on, by virtue of or by way of any links from the Site nor about any of the Clients who use Services on the Site. eCarers Limited relies on information provided to it by Clients and via third parties and accordingly it is a matter for the Jobseeker to satisfy itself as to the suitability of any Client using Services on the Site or of any Advertisement found directly or indirectly through the Site.
2.2. eCarers Limited shall be entitled at anytime without notifying the Jobseeker 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
2.3. Any intellectual property, ideas, concepts, know-how, graphics, logos or techniques developed and designed by eCarers Limited or obtained during the execution of the Services will be owned exclusively by eCarers Limited.
2.3. eCarers Limited 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.
2.4. The Jobseeker accepts that eCarers Limited shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Jobseeker's failure to comply with these Conditions.
2.5. The Jobseeker agrees to provide eCarers Limited, in such a format as eCarers Limited may request, any information necessary to enable eCarers Limited to provide those Services.
2.6 eCarers Limited shall not be obliged to provide those Services until the Jobseeker has supplied it with the information, necessary to provide those Services.
If the Jobseeker has signed up to receive Jobs-By-Email, the provisions of this clause 3 shall apply thereto.
3.1. Jobs-By-Email are sent once a day on any day of the week and each Jobs-By-Email will contain a limited listing of live vacancy Advertisements posted or renewed since the last Jobs-By-Email sent to the Jobseeker and matching the Jobseeker's search criteria.
3.2. The Jobseeker accepts that eCarers Limited cannot guarantee the number of vacancy Advertisements distributed in the Jobs-by-Email and that no obligations are imposed on eCarers Limited in this regard.
If the Jobseeker has saved their details and stored a CV on eCarers Limited, the provisions of this clause 4 shall apply thereto.
4.1. The Services are subject to any instructions from a Jobseeker that his or her details should or should not be made available to the Client and eCarers Limited will only make available or supply copies of the CV's which have been received by it for distribution to Clients of eCarers Limited solely for the purpose of securing suitable employment for the Jobseeker.
4.2. The CV Watchdog service will (under normal circumstances) be delivered to the Client by email on a once per day basis and such email will include all CV's identified by the search strings selected by the Client.
4.3. The CV Online service will (under normal circumstances) be available to the Client at all times and will allow the Client access to all distributable CV's on the Site.
4.4. eCarers Limited cannot guarantee the minimum number of times a CV will be viewed by or distributed to Clients on any given day.
4.5. eCarers Limited may, at its discretion and without notice, report improper or illegal use of CV's or the Services by the Jobseeker to its Clients.
4.6. eCarers Limited has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Jobseeker information or CV accepted by it.
4.7. eCarers Limited may refuse, withdraw, or require to be amended, any Jobseeker information or CV which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon eCarers Limited or the Jobseeker or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
4.8. The Jobseeker hereby undertakes that:
4.9.1 the details and CV they store and save on eCarers Limited are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
4.9.2 that if any of the information stored and saved on eCarers Limited for the purposes of securing employment is found to be false or inaccurate in any way, that eCarers Limited reserves the right to remove those details and/or suspend the use of the Services on the Site for the Jobseeker;
4.9.3 in respect of any information or CV submitted by the Jobseeker 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 Jobseeker has obtained the authority of such living person to make use of such name, representation and/or copy;
If the Jobseeker makes an Application or is required to complete an Application Form as part of an Application, the provisions of this clause 5 shall apply thereto:
5.1. The Jobseeker hereby undertakes that:
5.1.1. they have fully read and understood the requirements of a vacancy Advertisement on the Site to which they make an Application;
5.1.2. they have the appropriate skills and qualifications required by the Client and the necessary qualifications required by law;
5.1.3. they satisfy or will attend to the necessary immigration requirements of the country in which the position will be situated;
5.1.4. the details they provide to the Client as part of an Application or in an Application Form are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
5.1.5. that if any of the information used in an Application or Application Form is found to be false or inaccurate in any way, that eCarers Limited reserves the right to remove those details and/or suspend the use of the Services on the Site for the Jobseeker;
5.1.6. in respect of any information submitted during the Application by the Jobseeker 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 Jobseeker has obtained the authority of such living person to make use of such name, representation and/or copy.
5.2. eCarers Limited has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Application accepted by it.
5.3. eCarers Limited may refuse, withdraw, or require to be amended, any Application which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon eCarers Limited or the Jobseeker or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
5.4. When a Jobseeker makes an Application through the Site, eCarers Limited will pass the Jobseeker's details to the Client who placed the Advertisement for the purpose of that one Application only.
5.5. The Jobseeker accepts that eCarers Limited cannot be held responsible for the content of Advertisements on the Site and that no obligations are imposed on eCarers Limited in this regard.
6.1. The Jobseeker agrees that:
6.1.1. it has read, understood and agrees to the Privacy Statement on the Site;
6.1.2. it will keep confidential and not disclose to any person the password used by them in relation to the Services;
6.1.3. it will be responsible for any misuse of all such passwords.
7.1. eCarers Limited will not be liable (whether in contract or tort) for:
7.1.1. any loss of copy, artwork, photographs, data, CV's or other materials that the Jobseeker supplies to eCarers Limited and the Jobseeker shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
7.1.2. any mistakes or errors whatsoever that arise during the course of use of the Services 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 Jobseeker;
7.1.3. for any failure to secure employment or consequential loss (whether caused by the negligence of eCarers Limited, its employees or agents);
7.1.4. any delay, costs, expense, loss, 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 eCarers Limited or as a result of the acts or omissions of the Jobseeker;
7.1.5. any loss or damage whatsoever howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, or the wrongful disclosure of confidential information by, any Client. It is for the Jobseeker to satisfy itself as to the integrity and reliability of all vacancy Advertisements placed on the Site;
7.1.6. any breach of agreement or infringement or violation of any right of any person or be rendered liable to any proceedings whatsoever, as a result of any information or CV or Application submitted to it by the Jobseeker and the Jobseeker indemnifies eCarers Limited against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by eCarers Limited as a result of this undertaking and warranty being incorrect.
7.2 Nothing in these Conditions will restrict or exclude eCarers Limited's liability for death or personal injury caused by its own negligence.
7.3 The Jobseeker agrees and acknowledges that no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of eCarers Limited in respect of or in connection with the Services and accordingly the Jobseeker confirms that it has not, in accepting these Conditions, relied on any condition, warranty or representation by eCarers Limited or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services. The benefit of any such condition, warranty or representation by eCarers Limited is hereby irrevocably and unconditionally waived by the Jobseeker.
8.1 These Conditions apply unless replaced by subsequent Conditions or unless terminated under Clause 8.2 of these Conditions.
8.2. Either party may, at its sole discretion, terminate the provision of the Services to the Jobseeker at any time by notice in writing to the other party (the "Defaulting Party") if the Defaulting Party is in breach of these Conditions and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied.
8.3. The Jobseeker shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by eCarers Limited arising out of the Jobseeker's breach of its obligations under these Conditions (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by eCarers Limited).
9.1. Notice required or permitted to be given under these Conditions shall:
9.1.1. 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; or
9.1.2. be in the form of an email addressed to eCarers Limited or if to the Jobseeker, to the address provided in the Jobseeker's details submitted during Registration or as subsequently amended and the Jobseeker will be deemed to have received such notification within one hour of transmission.
9.2. The Jobseeker is responsible for notifying eCarers Limited of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to eCarers Limited by email.
10.1. 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.
10.2. Any waiver by eCarers Limited of any breach of, or any default under, any provision of these Conditions by the Jobseeker will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.
10.3. Failure or delay by eCarers Limited in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.
10.4. The parties to these Conditions do not intend that any clause of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.1. 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
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