BY COMPLETING AND SUBMITTING THE FORM AND/OR BY ACCESSING THE RECRUITMENTWORX ONLINE SERVICE ("RECRUITMENTWORX", OR THE "SERVICE") YOU REPRESENT THAT YOU ARE OVER THE AGE OF 18 YEARS OLD TO REGISTER FOR THE SERVICE (IF YOU ARE USING THE SERVICE AS AN INDIVIDUAL). IF YOU ARE SIGNING UP TO THE SERVICE ON BEHALF OF YOUR COMPANY, YOU REPRESENT THAT YOU HAVE COMPLETE AUTHORITY ON BEHALF OF YOUR COMPANY TO ENTER INTO THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY, THE TERM "YOU" IN THIS AGREEMENT MEANS YOUR COMPANY AND ALL OF ITS EMPLOYEES. EITHER AS AN INDIVIDUAL OR ON BEHALF OF YOUR COMPANY, YOU ARE AGREEING TO ALL THE TERMS OF THIS SUBSCRIPTION SERVICE AGREEMENT (THE "SERVICE AGREEMENT" OR "THIS AGREEMENT").
IF YOU DO NOT AGREE TO THE TERMS OF THIS SERVICE AGREEMENT, PLEASE DO NOT a) SUBMIT THE FORM OR REQUEST A SUBSCRIPTION TO THE SERVICE, b) LOG INTO YOUR RECRUITMENTWORX SYSTEM.
1. THE SERVICE
The Service consists of a web browser-based interface, data encryption, data transmission, data access (as available) and, if applicable, synchronisation software and data storage. As used in this Agreement the terms "You" and "Yours" encompasses each individual user accessing the Service by means of a valid account established by You including, if you are a corporation, all employees of Your corporation. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment required to access the Service, and for paying all third-party access charges (e.g. ISP, telecommunications) incurred during use of the Service. Neither RecruitmentWorx or any of its associated companies make any guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. RecruitmentWorx will inform you of any significant changes to the Service or to the terms and conditions of this Agreement that it may make from time to time.
2. USE OF RECRUITMENTWORX
RecruitmentWorx grants to You subject to the terms and conditions of this Service Agreement and the number of licences purchased, personal, non-sub licensable, non-exclusive and non-transferable licenses to use RecruitmentWorx, in object code form only, and only in accordance with the applicable end user documentation, if any, and solely in conjunction with this Service Agreement. Neither You (and if You are a company, none of Your employees) will, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the RecruitmentWorx product; modify, translate, or create derivative works based on the RecruitmentWorx product; or rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the RecruitmentWorx product; use the RecruitmentWorx product for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels from the RecruitmentWorx products. Because RecruitmentWorx is proprietary, You agree not to publish or disclose to third parties any material related to RecruitmentWorx without RecruitmentWorx's prior written consent. You acknowledge that RecruitmentWorx retains exclusive ownership throughout the world of all RecruitmentWorx products, their product names, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, Any Licenses will terminate, and You, and any user accessing the Service by means of a company or personal account, if applicable, will cease to use or have access to the RecruitmentWorx product.
3. RESTRICTIONS & POLICIES
3a. General Use
You will not use the Service in any way for spamming, chain letters, junk mail or distribution lists to contact any person who has not granted explicit permission to be included in such communications. You agree not to transmit or permit Your employees to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. You will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct or indirect threats of physical harm. You hereby agree to defend, indemnify and hold RecruitmentWorx (and any of its associated companies) blameless against any claim or action that arises from Your use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein.
3c. Ownership of Data
All data uploaded and stored within RecruitmentWorx or any of its associated products or services is legally owned by You. RecruitmentWorx or any of its associated companies will not under any circumstances knowingly contact, share, rent, sell, or trade any stored data to any other third party unless a) such action is required for the normal operation of the features offered by the software, b) to do so by Law, or c) authorised to do so by You on behalf of your company.
3d. Data Backup & Security
RecruitmentWorx shall use all reasonable efforts to protect Your data. RecruitmentWorx will conduct weekly data backups, and store a complete weekly backup of all full-system data in a separate data facility; however RecruitmentWorx and any of its associated companies cannot be held responsible for the conduct and procedures enforced by the parent companies of such facilities and you agree to fully indemnify RecruitmentWorx and any of its associated companies from all damages related to any incident arising from the result of any third-party actions or conduct. RecruitmentWorx and its associated companies are not responsible for your companies own security practices and you agree to fully indemnify RecruitmentWorx and any of its associated companies from any damages arising from such practices. You agree that you will not knowingly share individual user account details with any other user within your organisation and acknowledge that any such violation of this rule may result in the immediate termination of your RecruitmentWorx account without notice.
3e. Fair Use Policy
RecruitmentWorx operates a Fair Use Policy in connection with data storage enabling reasonable storage in relation to the business practices of any individual client and revenue we receive for the service. We impose a default 500Mb set storage limit and ask that You do not abuse this policy. RecruitmentWorx is not to be used as a repository for bulk storage from other internet sources i.e. Job boards or CV databases. RecruitmentWorx and any of its associated companies reserve the right to charge additional storage fees, hardware fees, or suspend Your account if this policy is abused. Optional storage can be purchased in additional blocks of 500Mb per block at the prices stated on our pricing page.
When you interact with RecruitmentWorx our web server sends a cookie to your computer. Cookies are files that web browsers place on a computer's hard drive and are used to tell us whether customers have used the service previously. Standing alone, cookies do not identify you personally. They merely recognise your browser. There are two types of Cookies: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you've closed your browser or turned off your computer. They include such information as a unique identifier for your browser. RecruitmentWorx uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows RecruitmentWorx to process your transactions and requests. Session cookies help us make sure you are who you say you are after you've logged in and are required in order to use the RecruitmentWorx application. RecruitmentWorx uses persistent cookies, that only RecruitmentWorx can read and use, to identify the fact that you are a RecruitmentWorx customer or a visitor. We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account user names or passwords in persistent cookies. Users or visitors who disable their web browsers' ability to accept cookies will be unable to use all aspects of our product and services.
RecruitmentWorx, or its associated companies or designee(s), shall provide e-mail-based support between 09:30 and 17:00 Monday-Friday (GMT), excluding public holidays, but has no obligation to provide You with hard-copy documentation, upgrades, enhancements, modifications, or other support unless specifically contracted to do so. Support hours provided by RecruitmentWorx resellers are pursuant to their normal business hours, which may differ from those of RecruitmentWorx or any of its associated companies or designees.
5. DATA IMPORT
RecruitmentWorx may provide a bulk import interface enabling a self-service import facility for your existing data. You alone are responsible for the loading of Your data, its quality and integrity. Any expertise required to correct errors in data entry will be subject to charges in order to correct these at our standard rates. RecruitmentWorx or any of its associated companies do not as part of this agreement provide a managed data import or data migration service as standard. RecruitmentWorx can provide a paid for data import or data migration service. For further information and to obtain costs please contact our Technical Support or Sales Team.
Import of existing data is subject to our 'Fair Usage Policy' and you agree that you will not use the system as repository for data obtained outside of your normal business operations.
6. PROVISION OF CONTACT & BILLING
If the terms of Your RecruitmentWorx Online account require You to pay for the Service, You agree to provide RecruitmentWorx or any of its associated companies with accurate billing information and with truthful, accurate, and complete contact information, including Your legal name, company name, street address, email address, and telephone number, and to update this information within 30 days of any change to it. If the contact information You have provided is false or fraudulent, RecruitmentWorx or any of its associated companies reserves the right to terminate Your access to the Service immediately without any obligation to return Your data or notify You. You agree to pay RecruitmentWorx or any of its associated companies the then applicable fees (the "Fees") by a payment method to be determined by RecruitmentWorx or any of its associated companies at its/their sole discretion (credit card, debit card, bank transfer). RecruitmentWorx and any of its associated companies reserve the right to change the form of payment upon reasonable prior notice to You.
RecruitmentWorx and any of its associated companies reserve the right to change the fees, applicable charges and usage policies and to institute new charges at any time, upon sixty (60) days prior notice to You (which will be sent by e-mail). The Fees will automatically be charged monthly in arrears on the anniversary of Your signup date (Billing Date). Payment by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.
By default all accounts are to be settled by Electronic Bank transfer.
All invoices are due for payment immediately, however our reminder cycle allows seven (7) days before the account and all user licenses are suspended and marked overdue.
Whilst your account remains unpaid you will not be able to access The Service or purchase additional user licences or Modules. All Backups will be suspended until payment has been received. Once payment has been received, The Service will be resumed within 12 hours of the payment clearing.
Unpaid charges are subject to interest of 4% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Any account which is suspended for more than 30 days will be considered delinquent and will be terminated without any obligation on the part of RecruitmentWorx or any of its associated companies to maintain Your data or data backups. If You believe you have been billed incorrectly, You must contact RecruitmentWorx immediately stating the error or problem that has occurred, in order to receive an adjustment or credit if applicable. You are responsible for any Bank charges incurred in making payment to RecruitmentWorx or any of its associated companies. All payments must be to the full Invoice value without exception. All prices are subject to VAT at the applicable rate.
Where subscriptions are settled by Direct Debit, you agree to indemnify RecruitmentWorx or any of its associated companies from any damages or financial loss which occur as a direct result of making payments via any third party provider used to enable the use of such payment facilities.
7. PUBLICITY & MARKETING
By becoming a subscriber of The Service, RecruitmentWorx and/or any of its associated companies may, at their discretion, issue a press release announcing the use of the Service by You. If use of the Service performs to Your satisfaction, You agree to provide RecruitmentWorx or any of its associated companies with a quote from the primary decision maker and a user of the Service, as well as work with RecruitmentWorx and/or any of its associated companies to approve, and not unreasonably withhold approval for, a press release. As of the effective date of paid subscription activation, You hereby grant RecruitmentWorx and/or any of its associated companies the right to reference You, along with Your logo, on RecruitmentWorx's web site until such time as: (a) this agreement is terminated or (b) You discontinue use of the Service.
8. PASSWORDS & SECURITY
You will choose or be assigned all applicable passwords to use in connection with the Service. You are entirely responsible for maintaining the confidentiality of Your passwords and account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You). Furthermore, You are entirely responsible for any and all activities that occur under Your account (including, if applicable, the accounts of each user accessing the Service by means of an account established by You), and You shall ensure that You exit from Your account at the end of each session by means of the 'Logout' link. You shall notify RecruitmentWorx Technical Support immediately of any unauthorised use of Your account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You) or any other breach of security. RecruitmentWorx and any of its associated companies cannot and will not be liable for any loss or damage arising from Your use of The Service.
9. BROWSER POLICY
10. EMPLOYMENT AGENCIES & EMPLOYMENT BUSINESSES
If you are operating as an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act') it is your responsibility to ensure that advertisements you create via RecruitmentWorx for use externally comply with your obligations under the Act and Conduct of Employment Agencies and Employment Businesses Regulations 2004 and or any local Acts that apply. You agree to comply with the Act(s) and these regulations as they affect the conduct of your business and the advertisements you place externally.
11. DATA PROTECTION
It is Your responsibility to apply and hold a valid Data Protection number in line with Your responsibilities as an employment agency and employment business in-line with the Data Protection Act 1998 or any local Acts. RecruitmentWorx and any of its associated companies are not responsible and cannot be held responsible for Your failing to comply with said Act(s).
Paid for user accounts, last one(1) calendar month (for monthly subscriptions) or twelve(12) calendar months (for annual subscriptions) from date of Service Authorisation. Upon expiration or termination at the conclusion of the last month in the subscription period, if You choose not to continue a RecruitmentWorx subscription, You will immediately cease all use of the Service, including the RecruitmentWorx product and any related documentation. This Service Agreement is a monthly agreement for monthly subscriptions or an annual agreement for yearly subscriptions, renewable unless either party requests termination of the agreement by giving thirty (30) days notice. If You have purchased the Service, You will pay in full for the Service up to and including the last day of the contract term. To cancel the Service or reduce/remove modules/services provided by RecruitmentWorx, You must notify our sales department. RecruitmentWorx will email you detailing the contract details and Fees due on the anniversary of your subscription date (Billing Date).
RecruitmentWorx will delete archived data, but will not do so until thirty (30) days after the termination of this Agreement.
RecruitmentWorx and its associated companies reserve the right to cease offering the product and remove all data to user accounts who have had no activity on the service for a ninety (90) day period. RecruitmentWorx will not communicate this and will simply remove all data and close the account.
Upon expiration or termination, You will immediately cease all use of the Service, including the RecruitmentWorx product and any associated documentation. You are entitled to retrieve an extract of Your data, subject to Your then current account fees being paid in full, for a set charge of £1850.00 + VAT for a full structured export.
Overdue accounts must be brought to good standing in order to receive data. The following provisions of this Service Agreement shall survive termination or expiration of this Agreement: Section 2 (regarding RecruitmentWorx's ownership), 3, 8, 9, 10, 11, and 12. Termination is not an exclusive remedy and all other remedies will be available whether or not the license granted herein is terminated. Notwithstanding the foregoing, if You are dissatisfied with the Service, the materials available on or through the Service, or with any of RecruitmentWorx's terms and conditions, Your sole and exclusive remedy is to discontinue using the Service.
13. WARRANTY & DISCLAIMER
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND RECRUITMENTWORX AND ITS ASSOCIATED COMPANIES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. RECRUITMENTWORX OR ANY OF ITS ASSOCIATED COMAPNIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE.
14. LIMITATION OF LIABILITY
RECRUITMENTWORX AND ANY OF ITS ASSOCIATED COMPANIES TOTAL LIABILITY WITH RESPECT TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO RECRUITMENTWORX OR ANY OF ITS ASSOCIATED COMPANIES FOR THE SERVICE UNDER THIS SERVICE AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER RECRUITMENTWORX NOR ANY OF ITS ASSOCIATED COMPANIES OR LICENSORS SHALL BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF RECRUITMENTWORX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement is between RecruitmentWorx and You, and is not for the benefit of any third party, whether directly or indirectly (including, if applicable, any user accessing the Service by means of an account established by You). The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by You except with RecruitmentWorx's prior written consent. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW. YOU AND RECRUITMENTWORX AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN ENGLAND. You and RecruitmentWorx agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind RecruitmentWorx or any of its associated companies or licensors in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly served, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognised overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.