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Advertising terms and conditions

Standard Terms for Advertising on the job boards owned by Retail Human Resources Ltd.

Note:  The supplier referred to hereunder shall mean Retail Human Resources Ltd., whose registered office is located at 14 Bristol Gardens, London, W9 2JG.  The client refers to the purchaser of inventory on any one of our sites, which currently include: retailappointment.co.uk, fashionpersonnel.co.uk and rhr.co.uk.

1. Services

1.1 The client will be given login access in order to load the agreed number of job postings over the agreed period of time. 

1.2 The supplier agrees to maintain the advertising for the duration agreed and undertakes to ensure downtime (site not functioning) is no more than 4% of the time allocated.

1.3 In the event that the site is down for a significant period (six hours or more), then this contract would be extended by one day or for the period of time which the site was down, whichever is the longer.

1.4 The supplier will give the client full technical support via telephone and email, with regard to the posting of jobs.

1.5 The client may remove its advertising at any time. No refunds will be given for unused inventory.

1.6 The supplier may, at its discretion, enhance specific advertising by emails and its social media accounts. It may also cross-post advertising on its two consultancy job boards.

1.7 The client shall be granted access to the supplier's CV bank and may download CVs for its own use. Such CVs must not be forwarded to any third party without the consent of the jobseeker.

2. Feees and Payment

2.1 The fees will be invoiced on acceptance of the confirmation of booking and will be payable 21 days from the invoice date.

2.2 The supplier reserves the right to charge interest on late payment at 2% per calendar month.

2.3 All payments should be made in Sterling (GBP). Any charges for currency exchange and all bank transaction fees will be borne by the client.

3. General Warranties and Obligations

3.1 The client shall ensure that only authorised employees of the client use the services set out in the schedule above.

3.2 The client shall not disclose any login credentials (username and password) to any third party and shall not resell or licence the services to any third party without the supplier's written consent.

3.3 The client shall deliver its content to the supplier in a format compatible with the technical specifications issued by the supplier, which are subject to change at the discretion of the supplier.

3.4 The client undertakes that its use of the services as set out in the schedule, and all client content provided, shall comply with relevant laws and shall not be defamatory, unlawfully discriminatory or otherwise offensive, and shall not infringe upon any copyright, trademark or other rights of any third party.

3.5 The client authorises the supplier to post jobs on any other sites which the supplier operates.

3.6 The client shall not copy, make modifications to, reverse engineer or decompile the back office.

3.7 The client shall not use any automatic extraction software (such as software tools commonly known as robots or spiders) or any other means to facilitate the downloading or capture of volume quantities of information from the supplier's websites.

3.8 The client warrants that its job advertisement particulars shall be accurate, honest and truthful.

3.9 That is, job advertisements shall not contain unnecessary repeated words or phrases intended to cause a false positioning in the search results seen by a job seeker.

3.10 The client’s advertisements shall not contain links to the client’s website (unless in the course of submitting a job application for a job, whereby links will appear under an apply link or button on the site only) or any third party website, without the written consent of the supplier.

3.11 No advertisements for “get rich quick” pyramid selling or network marketing opportunities or similar may be posted.

3.12 The client shall only use applicant CVs and those extracted from the CV bank for the purpose of finding employment for the jobseeker.

3.13 The client shall keep confidential and not supply or make available to any person, CVs and personal jobseeker information, without the jobseeker's express consent.

3.14 The client shall comply with all of the provisions of the Data Protection Act 2018.

3.15 The client accepts that it is responsible for satisfying itself as to the suitability of jobseekers for a job vacancy and verifying the identity of such job seekers.

3.16 The client shall indemnify the supplier against all claims, costs, damages, losses, expenses and liabilities suffered or incurred by the supplier arising as a result of any breach by the client of clauses in this section.

4. General

4.1 The advertising agreement contains the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, written or oral, between the parties in relation to such matters.  

4.2 Where the terms in the confirmation of booking email and these terms differ, the terms in the confirmation of email booking shall prevail.

4.3 No amendment, variation or modification to the agreement shall be deemed valid unless it is agreed in writing by the parties.  Such agreement may be by email.

4.4 The client shall not assign, transfer or deal in any other manner with all or any of its rights or obligations under the agreement without the prior written consent of the supplier.

4.5 A person who is not a party to the agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the agreement.

4.6 Nothing in the agreement shall be deemed to create any kind of partnership or joint venture between the supplier and the client.

4.7 No failure or delay by either party in exercising any of its rights or remedies under the agreement shall operate as a waiver of those rights or remedies. No waiver shall be effective unless in writing and shall apply only in relation to the matter in respect of which it was specifically given. No waiver of any breach of the agreement is a waiver of any subsequent or other breach.

4.8 Neither party shall be liable for any delay or non-performance under the agreement caused by any event beyond its reasonable control (a “Force Majeure Event”) provided that the party affected gives prompt notice in writing to the other party of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the agreement. If the Force Majeure Event continues for more than one month, the party not subject to the Force Majeure Event may terminate the agreement by notice in writing to the other party.

4.9 If a provision of the agreement is held to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of the agreement shall not be affected.

4.10 Notices under the agreement must be in writing and shall only be deemed to have been duly served if hand delivered, recorded delivery or email to the contact address of the party set out in the agreement or such other contact address as may be notified by that party under this clause.

4.11 The agreement shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts in relation to any disputes arising under or in connection with the agreement.

5.  Acceptance and Termination

5.1 The client accepts that it is bound by these terms and the terms set out in the confirmation of booking email by responding to that email with the word “agreed” or “accepted.”

5.2 The client further accepts that it is bound by this agreement and liable for the fees charged by posting jobs on the supplier’s sites.

5.3 The client may terminate this agreement at any time, but no refunds can be given unless specifically agreed with a director of the supplier.

5.4 The supplier may terminate the agreement at any time. If such a termination is made without fault on the part of the client, a pro-rated refund will be given within 21 days of termination.

5.5 Any compensation to the client shall be restricted to the amount paid by the client for the services.

Dated: 14 October 2024