Terms and Conditions
Terms and Conditions for Advertisers
1. These terms and conditions govern your agreement with RCN Publishing Group Ltd (RCNi) for your use of the Advertising and CV services on the website currently located at: www.rcnbulletinjobs.co.uk (the "Website").
2. The Advertising Service allows recruiters (or the advertising agency or media buyer for such recruiter) to place and access their recruitment advertisements on the Website.
2.1. The Advertiser guarantees that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice;
(iii) all Advertisements submitted will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website;
(iv) where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement;
(v) all Advertisements are accepted on the basis that they will be paid for at the applicable rates;
(vi) RCNi does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this.
3. The CV Service
The CV service allows recruiters to view, search, purchase and access CVs of candidates held on the RCNi database via the Website.
3.1. All intellectual property rights and all other rights in the CVs and the database shall be owned by and are retained by RCNi or its licensors. When you use the CV Service, RCNi will license rights in the CVs purchased by you on a non-exclusive, worldwide basis as necessary to enable you to make reasonable use of the CVs and the CV service for the purpose of recruiting candidates, provided that you comply with (i) these Terms and (ii) all applicable legislation. If RCNi are required to terminate this Agreement or this Agreement ends, this licence will automatically terminate, except in respect of the CVs of candidates you have directly employed or who have sent their CVs directly to you.
3.2. You acknowledge that our provision of candidates’ CVs to you is conditional on the candidates providing RCNi with a licence on such terms as will entitle RCNi to licence their CV on to you.
4. General Terms:
RCNi allows you to access the Services on the basis that:
(i) you are a bona fide recruiter, being either an employer or a recruitment agent acting for a recruiter;
(ii) your password is personal to you and may not be used by any third party to access any of the Services or otherwise shared with or disclosed to any third party. If you become aware that any third party has access to your password, you will immediately notify RCNi and RCNi shall provide you with a new password as soon as reasonably practicable. You shall at all times ensure that your password is safe and secure;
(iii) you will not do anything which would assist anyone who is not a registered user of the Services to gain access to or misuse it;
(iv) you do not maliciously create accounts for the purpose of abusing the functionality of the Website or the candidates who have signed up to the Website, or other users nor do you seek to pass yourself off as another user;
(v) if, for any reason, we believe that you have not complied with these Terms or are abusing the Services in any way, RCNi may, at its discretion, cancel, suspend or otherwise restrict your access to the Services immediately and without giving you any advance notice.
5. You hereby warrant, represent and undertake that:
You will only use the Services and any information you receive under the Services for recruitment related activities;
- Except as expressly permitted under these terms you will not sell, sub-licence, sub-contract or rent or any information you receive under the Services in respect of a candidate on the RCNi database to a third party provided that advertising agencies or media buyers for recruiters may sell, sub-licence, sub-contract or rent the information they receive under the Services to the specific recruiters who have engaged them ;
- You will not create a marketing list (other than for jobs) for either your own use or to sell on to a third party using any information you receive under the Services in respect of a candidate on the RCNi database;
- Your use of the Services will not be prejudicial to the image or reputation of RCNi, the Website or any other recruiters who use the Website;
- In relation to obtaining, storing and using any personal data derived from your use of the Services or otherwise in connection with your use of the Services that you are registered with the Information Commissioner's Office (or you warrant that you are exempt) for the purpose of processing and controlling personal information and you have complied and will comply with the terms of the Data Protection Act 1998 and have and will comply with all relevant requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any guidance issued by the Information Commissioner; and
- You will keep all candidates' personal information confidential.
6. In respect of CVs provided to you under the Services, you hereby warrant, represent and undertake that you will:
(i) not keep candidates' CVs on your database for longer than is necessary for your recruitment purposes; and
(ii) delete a candidate's CV from your database if they request you to delete it, within a reasonable time following such request.
7. You will not be able to view the CVs of any candidates unless you have created a new account or logged into your existing account on the Website. You will only be able to view a candidate's contact details after you have purchased the candidate's CV and if you have received the relevant permission (where applicable).
8. To purchase a candidate's CV you will need to submit payment by means of a valid credit or debit card or you will need to set up an invoiced account before your payment can be processed.
(i) In the event that RCNi's publication of the Website is restricted, curtailed or prevented by any applicable law or regulation or any other act or thing beyond RCNi's control, RCNi may terminate this Agreement forthwith (in whole or in part) without prejudice to RCNi's right to be paid any monies due as at the date of termination.
(ii) RCNi accepts no liability for any delay or disruption whilst using any of the Services or for any loss or damage to your account or any loss or damage caused by any error or technical fault in respect of the transfer of a CV from the Website to you.
(iii) RCNi shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for any economic losses (including without limitation, loss of revenues or profits, contracts, business or anticipated savings), any loss of goodwill or reputation or any indirect or consequential losses (in each case whether or not such losses were within the contemplation of the parties at the date the order was placed) suffered or incurred by you arising out of or in connection with any matter hereunder.
(iv). Candidates are solely responsible for the content of the CVs that they submit to RCNi. We accept no responsibility for the content of candidate CVs including without limitation any error, omission or inaccuracy.
You will indemnify RCNi and agree to keep RCNi indemnified on demand against all claims, costs, proceedings, demands, losses, damages, expenses or liability (including without limitation any consequential losses or loss of profit and any legal fees) whatsoever arising directly or indirectly as a result of any breach or non-performance or non-observance of any of the representations, warranties or other terms contained herein or implied by law in accordance with these Terms.
11.1 RCNi may terminate your access to one or all of the Services with immediate effect if:
(i) you are in material breach of these Terms and you fail to rectify such breach within 7 days of our notifying you of your material breach; or
(ii) you become insolvent (including being unable to pay your debts as they fall due and/or that the value of your assets is less than the amount of your liabilities taking into account your contingent and prospective liabilities), proposes an individual, company or partnership voluntary arrangement, have a receiver, administrator or manager appointed over the whole or any part of your business or assets; if any petition shall be presented, order shall be made or resolution passed for your winding up (except for the purpose of a bona fide amalgamation or reconstruction), bankruptcy or dissolution (including the appointment of provisional liquidators/interim receivers or special managers); if you shall otherwise propose or enter into any composition or arrangement with your creditors or any class of them, if you ceases or threatens to cease to carry on business or if you claim the benefit of any statutory moratorium.
11.2 Consequences of Termination
(i) In the event RCNi terminate your access to the Services you will destroy all copies of candidates' CVs in your possession and acquired by you from the CV Service within 2 days of receiving notification of termination.
You will not be subject to the provisions of this paragraph in respect of any candidate you employ or who sent you his/her CV directly rather than via the tools provided on the Website.
12. RCNi are committed to protecting your privacy and comply with the 1998 Data Protection Act. We will not share your details with others without your prior consent.
13. If any term under these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect. If any provision of these Terms is so found to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.
14. Except insofar as this Agreement expressly provides that a third party may in his own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
15. These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted. Details of variations will be posted below. You will be deemed to have accepted a variation to these Terms if you continue to use the Website and/or one or more of the Services after a variation has been made.
16. You may not resell, assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this contract or any other rights under this contract or sub-contract any and all of its obligations under it or purport to do any of the same. Any attempt to do the foregoing shall result in immediate termination of your right to use the Services, and payment of any and all amounts due hereunder without liability to RCNi and without prejudice to its other rights and remedies. Any purported assignment in breach of this paragraph shall confer no rights on the purported assignee.
17. This Agreement shall be governed by and construed in accordance with English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.