terms & conditions
Updated: 28/11/07
s1jobs.com terms and conditions: Employers
These terms, together with matters set out on the Rate Card, form part of an agreement between you, the Advertiser, and ourselves, s1jobs.com and set out the conditions under which you may access the Services available on this Site (the "Terms"). By accessing or using the Services on the Site you have indicated to us that you both understand and agree to be bound by these Terms. s1jobs.com is a trading name of Newsquest (Herald & Times) whose business address is 200 Renfield Street, Glasgow, G2 3QB.
- Definitions
- The "Applicants" means any person applying or responding to the job advertisement advertised on the Site.
- The “Candidates” means any person posting their career details on the site.
- “Agreement” means these Terms and the Rate Card and any additional terms or conditions made between us.
- The "Services" means the service provided by us of placing job advertisements on the Site, and/or providing you with access to a database of jobseekers’ CV’s (“Candidate Database”).
- The "Site" means the website currently known as s1jobs.com.
- “Advertisement” means any job listing, banner, button, mini-banner, micro-site, pop-up, display ad, sponsorship, or any other advertising format that we may run on the site from time to time.
- Terms
There may be other terms within the Site which relate to the use of such areas and these form part of the Terms of this agreement . We reserve the right to change the Terms or the Rate Card at any time and to notify you by publication on the website. It shall be your responsibility to check the Terms regularly and if you do not agree to any changes you should stop using the Services immediately. If the charges on the Rate Card are changed during the term of any particular agreement for advertising, the advertising rate in force at the time the advertisement is accepted will continue to apply until the end of the agreed period of display, after which the new rates shall apply.
- Obligations of s1jobs.com
We agree to use our reasonable endeavours to enable Applicants the facility of viewing the advertisements of the advertisers on the Site, and to enable Candidates to place their career details on the site.
- Your obligations
You undertake and agree that:
- You are over eighteen years of age and the details provided by you to register yourself and any advertisement are correct and complete.
- You undertake to comply with the Data Protection Act 1998 or relevant legislation when dealing with the information from Applicants or Candidates or us and will keep any such information confidential;
- The media space provided to you within the site is for your own use onlyand under no circumstances will you resell it to a third party, or allow a third party to use it.
- Access to the Candidate Database is for your own use only and under no circumstances will you share it with a third party and under no circumstances will you share any Candidate information gleaned from it with another company.
- Advertising
- You warrant that:
- the content of any Advertisement you place with us is accurate, legal, honest and truthful and not defamatory or discriminatory and complies with the British Code of Advertising Practice, all other relevant codes of conduct and all current legislation; and that in the case of a vacancy listing is for a genuine job vacancy.
- you have full authority to place the Advertisement with us;
- the contents of the Advertisement if reproduced on the Site will not breach any contract or infringe any copyright or other third party intellectual property right or make us liable to any legal proceedings.
- Advertisements
- We may at our discretion refuse, suspend, change the date or position of publication or edit any Advertisement for any reason, including without limitation:
- to comply with the legal or moral obligations of either party;
- to avoid infringing third-party rights;
- to comply with regulatory codes of practice, including the British Code of Advertising Practice;
- to respond to complaints;
- to correct errors or technical inaccuracies;
- to resolve shortage of space or technical restrictions
- No advertisement will be made live on the site until we are in receipt of an official s1 Sales Order Form, signed and dated by you.
- In the case of advertisements appearing as job listings, each listing is for one job type only, in one location only, and in one industry sector only. It must not contain any links to, or references to any web addresses or websites. Each such job listing will remain on the site for 14 consecutive days, unless alternative timescales have been expressly agreed between the parties and confirmed in the Sales Order Forms.
- You may delete the advertisement from the Site so that it may be no longer viewed by Applicants before the advertisement has completed its term but you will not be entitled to a refund for the time it is not displayed on the Site.
- All advertisements must have your company name listed as the recruiter.
- Where a package has been purchased consisting of job listings or job days across a specified period, then those job listings or job days must be used within that period, or be forfeit. A maximum of 10% of the total volume purchased can be carried forward beyond the agreed period, but only on condition that a new agreement is entered into for at least the same volume of job listings or job days.
- The minimum length of a “job days” posting is 3 days. As each job is posted to the site 3 job day credits will be deducted for the first day of each posting. No further credit deductions will be made until day four when one credit will be deducted from your account for each day the posting remains on the site.
- Where a package has been purchased consisting of job listings or job days across a specified period, and those listings or days are used up before the end of the specified period, then additional job listings or job days can be purchased at the unit rate in force in the original agreement but only in an amount that will be used within the original specified period. Alternatively, a new agreement can be entered into for a further package of job listings or job days at the appropriate rate as per the s1jobs rate card, but any unpaid amounts from the original agreement must be settled before such a new agreement can be entered into.
- You warrant that:
- Accessing the Candidate Database
- You will only use this service to contact candidates to discuss salaried job vacancies, and you will not use this service to:
- approach candidates offering commission only, work from home or pyramid selling vacancies.
- attempt to sell services or products to candidates.
- You will deal directly with the candidates in respect of the job vacancy and you acknowledge that we are not authorised to enter into any agreement with you on behalf of the candidate.
- Where requested you shall supply us with the following information about the job vacancy : name, business, work to begin on, duration, type of work, hours of work, minimum rate of pay, payment interval (eg weekly/monthly), notice period (on either side), health/safety risks and precautions taken, qualifications/licence/skills required (including those required by law or any professional body) and job expenses payable to or by the worker.
- You must keep confidential the CVs and other information about candidates you obtain from the Candidate database except for the strict purpose of placing the candidates in work with yourself (if you are a hirer) or with your clients (if you are an employment agency). You must not pass the CVs or other information to any other employment agency or employment business.
- If you are acting as an employment agency, you confirm that you are a fit and proper person to act as such and comply with all relevant law, regulation and professional codes.
- As the hirer, you confirm that you are aware of all the requirements imposed by law or any professional body in connection with the job vacancy. You agree that you will be responsible for checking the identity of the candidates and the existence, accuracy and validity of any qualifications/licences/authorisations or skills which are required for the job either by you or the operation of law or professional regulation..
- In respect of job vacancies for au pairs, you confirm that the candidates will not be required to repay the fare from the candidates’ home to the place of work ( or vice versa) out of money payable to the candidates.
- In respect of any job vacancy requiring the candidates to occupy accommodation other than their home, you confirm that the candidates shall be hired as an employee within the meaning of section 230(1) of the Employment Rights Act 1996.
- In respect of any job vacancy where the candidate will not be engaged as an employee within the meaning of section 230(1) of the Employment Rights Act 1996, you undertake to pay the candidates’ return fare upon the work ending or if the work does not start.
- You confirm that the candidates will not be offered any position on the basis that the candidates will be loaned money by the hirer or employment agency agent to meet travel or other expenses on terms that require the candidates to repay the lender a greater sum than the sum loaned.
- You shall observe applicable health and safety law and regulation and instruct candidates engaged by you in accordance with such law and regulation.
- You honestly believe all the information you have supplied to us in this agreement is true and you agree to indemnify us for any loss or damage falling on us as a result of your submission of false information or any failure or delay in the performance by you of your obligations under this agreement.
- You will only use this service to contact candidates to discuss salaried job vacancies, and you will not use this service to:
- Liability
- We shall not be liable for the reproduction of any error, misprint or omission in the material you supply to us. If we have caused any error, misprint or omission in the appearing on the Site, we shall use our reasonable efforts to correct it and either make such refund as may be proportionate and reasonable, or re-insert the Advertisement. No refund or re-insertion will be offered if in our reasonable opinion the error, misprint or omission does not materially detract from the Advertisement. It is your responsibility to check the Advertisement on its first appearance and we shall not be required to check it nor shall we be liable for the period during which you have failed to bring any error, misprint or omission to our attention.”
- Subject to 7d below, we shall not be liable to you:
- for the non-availability of the Site to users in whole or in part for any reason;
- in contract, tort (including negligence), statutory duty or otherwise arising out of or in connection with this Agreement for
- indirect, consequential or special loss or damage;
- any loss of goodwill or reputation;
- any economic losses (including loss of revenues, profits, business or anticipated savings)
in each case whether notified of the possibility of such loss or damage or not. - Subject to 7d below, our total liability in any event in contract, tort (including negligence) statutory duty or otherwise arising out of or in connection with this Agreement in respect of each event or series of connected events shall not exceed twice the payment you make for the relevant Advertisement.
- Nothing in this Agreement shall operate to exclude or restrict any liability either party may have for fraud, or death or personal injury arising from that party’s negligence.
- The Site is provided by us without warranty or guarantee except those expressly contained in these Terms or implied by law. You must bear the risks associated with the use of the Internet. We do not give any warranty that the Site or any connected website is free from computer viruses, cookies or any other malicious or impairing computer programmes and/or that the Site will operate uninterrupted and problem free.
- We do not verify or guarantee any Applicant’s of Candidate’s details whether forwarded directly to you via the Site or otherwise. We do not accept any responsibility as to the suitability of any Applicant or Candidate and you will take up any reference provided by the Applicant or Candidate.
- You will indemnify and keep us fully indemnified against all claims, regulatory complaints, costs, proceedings, demands, losses, damages, expenses or liabilities whatsoever arising out of or in connection with your breach of these Terms.
- Intellectual Property
- The content of the Site is protected by copyright, trademark, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without our prior written permission.
- No licence is granted to you to use any of s1now's or its affiliated companies' trademarks including, without limitation, the trademarks s1jobs.com, s1now and Newsquest (Herald & Times).
- You license us to reproduce the contents of the Advertisement on the Site, including all necessary copyright, trade marks and other branding features.
- Cancellation
- Any order for an advertisement (as defined at 1 g.) may be cancelled by either party, provided that such party gives notice in writing to the other no less than 30 days before the intended date of cancellation.
- We may cancel this Agreement immediately on giving notice to you by telephone, fax, e-mail or letter or refuse to publish an Advertisement, if:
- you are in breach of this Agreement and such breach is not capable of remedy or you have not remedied it within seven days of receipt of notice from us;
- you are bankrupt or insolvent, or you cease or threaten to cease to carry on your business;
- you have been refused credit by another company in Newsquest Media Group.
- Governing Law and Jurisdiction
Scots law shall govern these Terms and any matter relating to the Site and the Scottish courts shall have non-exclusive jurisdiction in respect of them. - Miscellaneous
- You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
- If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms which remain in full force and effect.
- If you breach these Terms and we ignore it, we will still be entitled to exercise our rights and remedies at a later date or in any other situation where you breach the Terms.
- Nothing in this Agreement shall give any rights or benefits pursuant to the Contracts (Rights of Third Parties) Act 1999 to any person who is not a party to it.
