FoodIndustryCareers.co.uk terms and conditions
1.1 In these Conditions:
1.1.1. references to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
1.1.2. References to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admit or requires;
1.1.3. Words importing persons include individuals, bodies corporate and unincorporated.
1.1.4. Headings will not affect their construction.
A full list of definitions is available by contacting the company - Foodstuff Network Limited, Grosvenor House, 20 Barrington Road, Altrincham, Cheshire, WA14 1HB.
2. Application of the terms
2.1. These Conditions to the exclusion of all previous terms and conditions issued by Food Industry Careers.co.uk shall apply to any Service Agreement entered into after the date on which these Conditions were posted on the Site.
2.2. These Conditions are deemed to be fully read, understood and accepted by the Client upon signature of the Service Agreement.
2.3. 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 Food Industry Careers.co.uk.
3. Services Generally
3.1. Food Industry Careers.co.uk shall be entitled at anytime without notifying the Client 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.
3.2. Any intellectual property, ideas, concepts, know-how or techniques developed by Food Industry Careers.co.uk or obtained during the execution of the Services will be owned exclusively by Food Industry Careers.co.uk.
3.3. With effect from the Start Date Food Industry Careers.co.uk shall provide the Services for the Term subject to the provisions of these Conditions.
3.4. Food Industry Careers.co.uk 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 but the Client accepts that it shall still be responsible for the payment of the Fees as if the Services had been properly provided.
3.5. The Client accepts that:
3.5.1. Food Industry Careers.co.uk shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Client's failure to comply with the Contract;
3.5.2. if any quota of Services which are to be used with any period of time specified in the Service Agreement are not used within that period of time; then in each case the Client shall still be responsible for the full payment of the Fees as if the Services had been properly and fully provided (and for the avoidance of doubt Food Industry Careers.co.uk shall not be liable for providing any unused Services and such Services may not be carried over to any subsequent period).
3.6. Food Industry Careers.co.uk will only make available or supply copies of the CVs which have been received by it for distribution to clients of Food Industry Careers.co.uk solely for the purpose of securing suitable employment for the Candidates and the Client accepts that Food Industry Careers.co.uk makes no warranty whatsoever as to the availability of the Candidates.
3.7. Food Industry Careers.co.uk may, at its discretion and without notice, report improper or illegal use of CVs or the Services by the Client to the relevant legal and/or professional bodies including the Department of Employment, and the Office of the Information Commissioner
4. Advertising Services
If the Services include an Advertisement then the provisions of this clause 4 shall apply thereto.
4.1. The Client agrees to provide Food Industry Careers.co.uk, in such a format as Food Industry Careers.co.uk may request, any information, design work, artwork and logos necessary to enable Food Industry Careers.co.uk to provide those Services.
4.2. Food Industry Careers.co.uk shall not be obliged to provide those Services until the Client has supplied it with the information, design work, artwork and logos necessary to provide those Services. Such information shall be supplied within 5 days of the date of the Contract, or such later date as agreed by Food Industry Careers.co.uk. If the Client fails to supply Food Industry Careers.co.uk with the information then clause 3.5 shall apply.
4.3. Food Industry Careers.co.uk shall make such modifications to any Advertisement as are reasonably requested by the Client provided that Food Industry Careers.co.uk reserves the right to charge at the rate of 50 Pounds Sterling per hour for the time involved in connection with such modifications.
4.4. Advertisements will become live on the Site only when the Client has approved the design work, set-up, artwork and logos. If a Client has been authorised to approve any design work, artwork or logos on behalf of the End Client, then the Client must provide proof of this in writing to Food Industry Careers.co.uk on request.
4.5. The Client accepts that Food Industry Careers.co.uk cannot guarantee the number of occasions on which any individual Advertisement appears on the Site and that no obligations are imposed Food Industry Careers.co.uk in this regard.
4.6. Subject to clause 5.6, Advertisements placed on the Site may be cancelled and removed following written notification from the Client and will be charged for the Term as described in the Contract as if such cancellation had not occurred and the Services had been properly supplied in full.
4.7. Food Industry Careers.co.uk has the right at its sole discretion to decline to publish or omit, suspend or change the position of any Advertisement accepted by it.
4.8. Food Industry Careers.co.uk may refuse, withdraw, or require to be amended, any artwork, materials or copy for or relating to an Advertisement which is illegal, immoral, obscene, offensive or otherwise prejudicial to the interests of Food Industry Careers.co.uk or its clients or users of its services or so as to comply with the legal or moral obligations placed upon Food Industry Careers.co.uk or the Client or to avoid infringing a third party's rights or any statutory or regulatory requirements.
5. Lineage Advertisements
If the Services include Lineage Advertisements, the provisions of this clause 5 shall apply thereto.
5.1. Lineage Advertisements are only available to Clients who are Recruitment Agencies and accordingly, if the Client has requested that Food Industry Careers.co.uk provides Lineage Advertisement Services:
5.1.1. The Client confirms that it is a Recruitment Agency;
5.1.2. If requested by Food Industry Careers.co.uk the Client will promptly provide to Food Industry Careers.co.uk such evidence as Food Industry Careers.co.uk requests to prove that the Client is a Recruitment Agency;
5.1.3. Food Industry Careers.co.uk shall not be obliged to provide the Services (or shall be entitled to suspend them) until the Client has provided such evidence.
5.2. All Lineage Advertisements are to be entered online by the Client.
5.3. Lineage Advertisements will be sent out to all relevant Candidates on a weekly basis via the Jobs-by-Email service for each week that they are live on the Site and to any new relevant Candidates registered within that week.
5.4. Lineage Advertisements will remain live on the Site and available for searching via the internet for the number of weeks requested by the client, but in all circumstances up to a maximum of 52 weeks.
5.5. Any Lineage Advertisement placed on the Site may be expired and removed by the Client. The Client will be charged for the full number of weeks for which the Lineage Advertisement was originally placed.
5.6. Food Industry Careers.co.uk will use reasonable endeavours to procure that Lineage Advertisements will become live on the Site within 1 hour of submission to the Site.
5.7. Lineage Advertisements may link only to a Client's Corporate Brochure or Live Vacancy Listing or contact details but may not contain a link, or references, to the Client's Web Site.
5.8. Lineage Advertisements may only contain one email address, which must be in the specific place designated by Food Industry Careers.co.uk and must not be part of the text describing the vacancy.
5.9. A Lineage Advertisement shall contain the details of a single vacancy..
5.10. Food Industry Careers.co.uk may edit, remove or refuse to publish any Lineage Advertisement containing unnecessarily repeated words or phrases which cause a false positioning in the search results seen by a Candidate.
5.11. Food Industry Careers.co.uk shall send an email to the Client to remind it that a particular Lineage Advertisement is about to expire on the Site. The Client accepts that if it replies to such a requested email in any way the relevant Lineage Advertisement will be renewed on the same terms as set out in the original Service Agreement relating to that Lineage Advertisement. It is the Client's responsibility to ensure that they do not respond to that email in any way (whether manually or by means of an automatic system) if it does not want to renew the relevant Lineage Advertisement
5.12. Where the Client chooses to use Vacancy Posting Software to submit a Lineage Advertisement to the Site, the Client accepts that any malfunction of, or change to, the Vacancy Posting Software or its incompatibility with Food Industry Careers.co.uk systems causing incorrect, missing or multiple submissions to the Site is entirely the responsibility of the client.
6. Corporate Brochures and Logo Buttons
If the Services include Corporate Brochures or Display Advertisements, the provisions of this clause 6 shall apply thereto.
6.1. Corporate Brochures shall be provided in the form supplied by the Client to Food Industry Careers.co.uk provided that they comply with the provisions of this Contract. Subject to clause 4.3, Food Industry Careers.co.uk shall make such modifications to any Corporate Brochures as are reasonably requested by the Client.
6.3. In relation to Corporate Brochures:
6.3.1. Corporate Brochures will remain live on the Site in multiples of calendar Months, as requested by the Client.
6.3.2. Corporate Brochures may contain one link to the Client's website and a link to the Client's Live Vacancy Listing.
6.3.3. Corporate Brochures may contain up to a maximum of 2500 characters of text, per page.
6.3.4. A Logo Button will be located on the home page of the Site periodically and these Logo Buttons will link to each Client's primary Corporate Brochure.
6.4. In relation to Logo Buttons:
6.4.1 Logo Buttons will not exceed three thousand bytes in graphic size and will be static.
6.4.2. Logo Buttons will be displayed on a rotational basis and no guarantee is made by Food Industry Careers.co.uk of the number of times on which they will be displayed and the Client accepts that no obligations are imposed on Food Industry Careers.co.uk in this regard whatsoever.
7. Skillword Sponsorship Banners
If the Services include Skillword Sponsorship Banners, the provisions of this clause 7 shall apply thereto.
7.1. Skillword Sponsorship Banners may link to either a Corporate Brochure or a Live Vacancy Listing or a vacancy Advertisement.
7.2. Skillword Sponsorship Banners must not exceed twelve thousand bytes in size and their dimensions must measure 468 x 60 pixels.
7.3. Skillword Sponsorship Banners designed by Food Industry Careers.co.uk will be static banners. Animated banners may be used if they are supplied complete to Food Industry Careers.co.uk by the Client at the Client's own expense and conform with the parameters set out by Food Industry Careers.co.uk. Food Industry Careers.co.uk will not accept any banners produced in Flash graphics.
7.4. Skillword Sponsorship Banners are live on the site in multiples of weekly periods, as requested by the Client.
8. Jobs-by-Email Sponsorship
If the Services include Jobs-by-Email Sponsorship, the provisions of this clause 8 shall apply thereto.
8.1. Jobs-by-Email Sponsorship is for one month at a time as agreed between Food Industry Careers.co.uk and the Client.
8.2. The sponsored message may contain a link only to a Client's Corporate Brochure or Live Vacancy Listing or any individual vacancy Advertisement.
8.3. The Client accepts that Food Industry Careers.co.uk cannot guarantee the number of recipients of the Jobs-by-Email Sponsorship and that no obligations are imposed on Food Industry Careers.co.uk in this regard.
9. CV Services
If the Services include CV Services, the provisions of this clause 10 shall apply thereto.
9.1. The Services are subject to any instructions from a Candidate that his or her details should or should not be made available to the Client. In the event that Food Industry Careers.co.uk has reason to believe or suspect that its CV Services are being abused by the Client, Food Industry Careers.co.uk reserves the right to immediately suspend or terminate the Contract.
9.2. The CV Search service will (under normal circumstances) be available to the Client at all times and for each Licence will allow up to a maximum of ten of the Client's Recruiters access to all CVs on the Site.
9.3. Food Industry Careers.co.uk cannot guarantee the minimum number of new CVs available on any CV Service on any given day.
9.4. Each CV Search is available in multiples of Months, as requested by the Client.
9.5. In relation to the CV Services the Client shall ensure that no automatic extraction software (to include software tools commonly known as robots and spiders) or any other means, are engaged or deployed, either on a temporary or a permanent basis, or unless specifically requested by the Client and approved in writing by a director Food Industry Careers.co.uk, to facilitate the downloading or capturing of volume quantities of CVs from the Food Industry Careers.co.uk database irrespective as to which CV Service has been purchased from Food Industry Careers.co.uk.
10. Psychometric Testing Services
If the Services include Psychometric Testing Services, the provisions of this clause 10 shall apply thereto.
10.1. Psychometric Testing Services are considered as provided at the point the Client invites an Applicant to complete a psychometric test. Should the Applicant fail to participate or fully complete the test, the Client accepts that it will have to pay the Fees for every invitation sent to an Applicant.
10.2. At the request of the Client, Psychometric Testing Services shall comprise either a pre-screening role-specific test and/or a full psychometric test.
10.3. Food Industry Careers.co.uk shall ensure that the results of all psychometric tests are displayed to the Client in a templated form within a reasonable time scale of the taking of the test by any Applicant.
10.4. Provision of the Psychometric Testing Services shall be conditional upon the payment of Fees and the acceptance by the Client that the Psychometric Testing Services are offered as an additional aid to the identification of suitable Applicants and that Food Industry Careers.co.uk shall have no liability whatsoever (including loss of profits) howsoever caused and to the extent permitted by law, for the results of any psychometric tests or any acts or omissions of the Client based on those results or any costs, claims, damages, loss, expenses and liabilities incurred by the Client in connection therewith.
11. Client's Obligations
11.1. The Client hereby undertakes and warrants to Food Industry Careers.co.uk that:
11.1.1. In relation to any Advertisement the Client enters into the Contract as a principal notwithstanding that the Client may be acting directly or indirectly for an End Client;
11.1.2. the reproduction and/or publication of the Advertisement by Food Industry Careers.co.uk as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render Food Industry Careers.co.uk liable to any proceedings whatsoever and the Client indemnifies Food Industry Careers.co.uk against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Food Industry Careers.co.uk as a result of this undertaking and warranty being incorrect;
11.1.3. Any information supplied by the Client in connection with the provision of the Services is accurate, complete and true;
11.1.4. in respect of any Advertisement 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 Client has obtained the authority of such living person to make use of such name, representation and/or copy;
11.1.5. each Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
11.1.6. Where it is an Advertising Agency it is authorised by the End Client to place the Advertisement with Food Industry Careers.co.uk.
11.1.7. No Advertisement contains any data, image or other material which:
(a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
(b) is defamatory, threatening or racially, ethnically or otherwise objectionable;
(c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
(d) infringes the rights (including, without limitation, the intellectual property rights) of another person;
(e) is designed or likely to cause disruption to any computer system or to any network;
(f) is illegal or designed or likely to induce an illegal act.
11.2. The Client:
11.2.1. Acknowledges that:
(a) The Client and Food Industry Careers.co.uk may agree that Food Industry Careers.co.uk can accept instructions in relation to the Services (without having to refer to the Client) from any of the following persons:
any person agreed between Food Industry Careers.co.uk and the client to be a Recruiter; and any person to whom the Client or any Recruiter provides passwords to or is set up to make use of the Services by using facilities offered by Food Industry Careers.co.uk for such purposes;
(b) the Client agrees that it will procure that it and all Recruiters confidential and do not disclose to any person any passwords used by them in relation to the Services;
(c) the Client agrees that it will be responsible for any misuse of all such passwords;
11.2.2. authorises Food Industry Careers.co.uk to accept instructions in relation to the Services (without having to refer to the Client) from any Recruiter and any person using such passwords;
11.2.3. accepts that Food Industry Careers.co.uk shall not be responsible for any breach of this Agreement, any delay in performance of the Services or defect or error in the Services which arises as a result of Food Industry Careers.co.uk accepting instructions from a Recruiter or any person using such passwords;
11.2.4. Shall be responsible for all acts and omissions of each Recruiter and any person using such passwords as if they were acts or omissions of the Client.
11.3. The Client shall:
11.3.1. where it is a Recruitment Agency, comply in all respects with the Employment Agencies Act 1973 (and all regulations made thereunder) and all statutes, 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;
11.3.2. Where it is an Advertising Agency, ensure that the Services provided are solely utilised for its End Clients, with their express permission;
11.3.3. use all CVs supplied pursuant to the Contract and the Services for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Candidates;
11.3.4. ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Act 1998 to the extent that it applies and complies with its obligations under that Act;
11.3.5. Keep confidential the CVs and all other information supplied by Food Industry Careers.co.uk or Candidates to the Client or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Candidates with their express consent in respect of the CVs;
11.3.6. obtain the express consent of a Candidate prior to submitting his or her CV to any person;
11.3.7. not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from Food Industry Careers.co.uk to any person provided that where the Client is a Recruitment Agency it may make CV's available to its genuine customers who intend to recruit such Candidates for their own employment;
11.3.8. Not discriminate between persons endeavouring to secure employment and shall not engage in any illegal discriminatory practices whether by reason of race, sex or disability;
11.3.9. be responsible for selecting only suitable Candidates and taking up references and satisfying itself as to the suitability of any Candidate for any particular position;
11.3.10. be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by Food Industry Careers.co.uk arising out of the Client's misuse of information on CVs.
12.1. Food Industry Careers.co.uk not be liable (whether in contract or tort) for:
12.1.1. Any loss of copy, artwork, photographs, data or other materials that the Client supplies to Food Industry Careers.co.uk and the Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
12.1.2. any mistakes or errors whatsoever that arise during the course of publication of any Advertisement 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 Client;
12.1.3. for any loss of profit, loss of revenue or contracts or any indirect, special, economic or consequential loss (whether caused by the negligence of Food Industry Careers.co.uk, its employees or agents);
12.1.4. any delay, costs, expense, loss (including loss of profit), 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 Food Industry Careers.co.uk or as a result of the acts or omissions of the Client;
12.1.5. any loss or damage whatsoever (including loss of profits) howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, lack of, suitability of or the wrongful disclosure of confidential information by, any Candidate or Applicant. It is for Client to satisfy itself as to the availability, suitability, standard of skill, integrity and reliability of all Candidates or Applicants for any particular job.
12.2. In no event shall Food Industry Careers.co.uk’s liability to the Client under or in relation to the Contract (whether in contract or tort) exceed the amount of the Fees.
12.3. Nothing in this Contract will restrict or exclude Food Industry Careers.co.uk’s liability for death or personal injury caused by its own negligence.
12.4. The Client agrees and acknowledges that save as expressly provided in the Contract no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of Food Industry Careers.co.uk in respect of or in connection with the Services or the Contract and accordingly the Client confirms that it has not, in entering into the Contract, relied on any condition, warranty or representation by Food Industry Careers.co.uk or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services or the Contract. The benefit of any such condition, warranty or representation by Food Industry Careers.co.uk is hereby irrevocably and unconditionally waived by the Client.
13. Payment Provisions
13.1. Food Industry Careers.co.uk will invoice the Client for the Fees in accordance with the terms of the Contract, subject to clause 13.2 below.
13.2. All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable.
13.3. If the Client fails to pay any amount owing to Food Industry Careers.co.uk when due then Food Industry Careers.co.uk reserves the right to charge interest (after as well as before judgment) on that amount at the rate of 4% per annum above the base rate of Natwest Bank plc, (without prejudice to Food Industry Careers.co.uk’s other rights under the Contract, which includes these Conditions). Such interest shall accrue from the due date until payment is made in full and shall be compounded monthly;
14. Termination and Cancellation
14.1. Subject to the provisions of the Contract, the Services shall be provided for the Term.
14.2. The Contract and these Conditions apply for the Term unless terminated under this Clause 14.
14.3. Either party may, at its sole discretion, terminate the Contract at any time by notice in writing to the other party (the "Defaulting Party") if:
14.3.1. The Defaulting Party fails to pay to the other party any amount when due; or
14.3.2. If the Defaulting Party is in breach of the Contract and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied.
14.4. Food Industry Careers.co.uk may suspend the Services and/or terminate the Contract by notice in writing to the Client if it believes that any acts or omissions in connection with the Contract of a Client that is a Recruitment Agency constitute or lead to breach of the Employment Agencies Act 1973 or any regulations made thereunder.
14.5. Upon termination of the Contract the provision of the Services shall immediately cease and the full amount of any sums owing to Food Industry Careers.co.uk by the Client in respect of the Services, whether or not provided, shall become payable with immediate effect.
14.6. The Client shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by Food Industry Careers.co.uk arising out of the Client's breach of its obligations under the Contract (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by Food Industry Careers.co.uk).
15.1. A notice required or permitted to be given under these Conditions shall:
15.1.1. 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
15.1.2. be in the form of an email addressed to Food Industry Careers.co.uk at sales@ Food Industry Careers.co.uk (or such other address as supplied by Food Industry Careers.co.uk) or if to the Client, to the address provided in the Service Agreement (or such other address as supplied by the Client) and the Client will be deemed to have received such notification within one hour of transmission.
15.1.3. Training Licenses - Log in information will be sent to the user within 48 hours. If the license is required sooner, please email firstname.lastname@example.org .
15.1.4. Training Licenses - Refund / Cancellation policy - A full refund will be made within 7 working. To gain a refund the license must not have been activated and you must inform us via email (email@example.com) with 24 hours
15.2. The Client is responsible for notifying Food Industry Careers.co.uk of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to Food Industry Careers.co.uk by first class post or by facsimile.
16.1. The Client shall not be entitled to assign the Contract nor any or all of its rights and obligations hereunder.
16.2. 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.
16.3. The Contract constitutes the entire agreement between the Client and Food Industry Careers.co.uk in respect of the Services.
16.4. Any waiver by Food Industry Careers.co.uk of any breach of, or any default under, any provision of the Contract by the Client will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
16.5. Failure or delay by Food Industry Careers.co.uk in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
16.6. The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
17.1. 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.