Recruiter Services Terms and conditions
CIMA MY JOBS – Recruiter Terms of Use
1. General
1.1 If you are a user of the Recruiter section of the Website (“Recruiter”) then these Recruiter Terms apply to you.
1.2 The Recruiter section of MY JOBS allows access to services including without limitation Branded Advertising, CV database, Post a Job and Sponsored Content ("Recruiter Services").
2. Registration
2.1 You need to have an account with us in order to use any of the Recruiter Services. This will either be created through our Account management team or if you are purchasing job adverts through the MY JOBS section of the website you will be asked to register as part of this process.
2.2 If you register for any of the Recruiter Services you agree to ensure that your details provided on registration are true and not in any respect inaccurate, misleading, deceptive or likely to mislead or deceive. You agree to notify us immediately of any changes which are relevant to your registration by informing us on + 44 (0)20 8849 2217 or mailto:myjobsadmin@cimaglobal.com.
2.3 If you register to use any of the Recruiter Services you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account.
2.4 You can cancel your registration at any time (without affecting either party's statutory rights or liabilities) by informing us on +44 (0)20 8849 2217 or myjobsadmin@cimaglobal.com.
2.5 We may suspend or cancel your registration immediately if you breach any of your obligations under the Terms or otherwise at our reasonable discretion.
3. Services
3.1 We operate Post a Job, CV database, Branded Advertising and Sponsored Content chargeable services on the Website (“Chargeable Services”). Each order for a Chargeable Service ("Order") shall be made either through the MY JOBS section of the Website (if buying individual job postings or access to CV database) or our standard booking order form (if agreeing a sponsorship or banner advertising contract). By placing an Order you accept and agree to comply with the Terms. We will not commence the provision of services pursuant to any Order until the Order has been returned to us, in a form approved by us and signed by the Customer.
3.2 Subject to the Terms and in return for completion of an Order to our satisfaction, you may post job advertisements ("Job Advertisements") and/or Sponsored Content ("Branding") submitted for inclusion on the Website ("Content"). As an added benefit, we have the right (but not the obligation) to post your Job Advertisements and Branding across our member’s magazine, e-newsletters and CIMAglobal website, including without limitation.
3.3 The amount of Content posted on the Website and the length of time that such Content remains on the Website shall be specified by the option chosen by you on the Order. You may request us to remove any Content from the Website before such Content has reached its expiry date, but you shall not be entitled to a refund for unused time.
3.4 Job posting rules regarding the content and format of jobs posted on CIMA MY JOBS are there to ensure that users who search the site are presented with clear and informative content. These rules may change from time to time and you are advised to refer to them regularly.
The Rules are:
• Each job posting must advertise an individual (once vacancy only) and specific position. Generic postings advertising multiple vacancies or employment services are not allowed.
• We do not accept postings that contain links to other websites that offer the user job posting facilities.
• Each job posting must be written in English.
• URLs or email links are not permitted in the body copy of the job description page. Email links and website URLs have fields provided.
4. Your Obligations
4.1 You will pay us for the Chargeable Services in accordance with clause 6 of these Recruiter Terms.
4.2 You will provide us with all materials for the Content no later than seven days prior to the date that such Content is to be posted on the Website, such date being set out in the relevant Order, including without limitation such technical specifications and format guidelines as to Content as we may specify from time to time.
4.3 You agree that:
4.3.1 you are solely responsible for the form, content and accuracy of any Content;
4.3.2 you will only submit Content that is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive;
4.3.3 any and all Job Advertisements that you submit shall relate to specific and genuine job opportunities that were available at the time of posting; and
4.3.4 by submitting Content, you permit any user of the Website to view, store and reproduce such Content for personal use.
4.3.4 you will deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring CIMA MY JOBS into disrepute.
4.4 If the Advertising Standards Authority or any other independent reputable industry body sets up a pre-clearance procedure for internet advertising, then you agree (at our request and at your sole cost) to submit all Content to such organisation for pre-clearance and you shall provide satisfactory written confirmation of such clearance to us not less than fourteen days prior to the date for such content to be posted on the Website, such date being set out in the relevant Order.
4.5 You will ensure that all Content complies with all applicable laws including, but not limited to, the Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation Regulations) 2003 and Employment Equality (Age) Regulations 2006 and any other statutory or common law requirements relating to discrimination. You will also ensure that all Content complies with the minimum requirements set out in Regulation 27 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
5. Warranties, Representations and Indemnity>
5.1 You represent and warrant to us that:
5.1.1 you have the power and authority to enter into these Recruiter Terms and grant all rights granted or purported to be granted and fully perform your obligations hereunder;
5.1.2 you have or will have obtained prior to transmission all necessary rights, consents, licences, clearances and waivers in relation to the Content (including without limitation any musical recordings and compositions contained in the Content) to enable us to publish the Content on the Website and you shall be solely responsible for any and all payments due to third parties as a result of such publication;
5.1.3 no Content will constitute an invitation or inducement to engage in investment activity within the meaning of the Financial Services and Markets Act 2000;
5.1.4 you shall not send directly or indirectly, a cookie (being a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that web server) to the device of any user of the Website who accesses the Content, irrespective of whether any such device has been enabled by such user to receive cookies; and
5.1.5 you have a valid notification under, and have and will comply with all relevant requirements 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 in relation to obtaining, storing and use of personal data derived from viewers of Content or otherwise in connection with these Recruiter Terms.
5.2 You shall indemnify on demand and hold us harmless from and against any and all losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit, legal costs and expenses and value added tax thereon) and liabilities suffered or incurred, directly or indirectly, by us in consequence of:
5.2.1 any breach, non-performance or non-observance by you of any of its agreements, obligations, warranties, representations and undertakings contained in these Recruiter Terms; and/or
5.2.2 the use, publication, reproduction or transmission of the Content on the Website.
5.3 This Clause 5 shall continue in full force and effect notwithstanding any suspension or termination of the Terms.
6. Our Rights
6.1 The content, layout, availability and format of the Website shall be subject to variation at our sole discretion.
6.2 We reserve the right to vary the Chargeable Services and do not guarantee that a Chargeable Service will remain chargeable or that a free-of-charge service will remain free-of-charge.
6.3 By submitting any Content to us, you grant us and our affiliates the royalty free, perpetual, irrevocable, sub-licensable, non-exclusive, right to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative works from such Content. You should note that we reserve the right to make inactive or delete at any time and without prior notice any Content. Any acceptance by us of any Content shall not be deemed to constitute an acceptance by us that such Content is provided in accordance with the Terms nor shall it constitute a waiver of our rights. In the event that we make inactive or delete any of your Content we shall use reasonable endeavours, but are not obliged, to contact you in advance.
6.4 We reserve the right to recategorise the search location Job Advertisement in the Website’s database if we, in our sole discretion, consider it not to be located to maximum benefit. We also reserve the right to remove temporarily or permanently any Content which we, in our sole discretion, consider to be of an unsatisfactory standard for whatever reason.
6.5 We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to deletion of any Content from the Website and immediate termination of your registration with or without ability to access the Website and/or any service provided to you by us, upon any breach by you of the Terms or if we are unable to verify or authenticate any Content submitted to the Website.
6.6 Subject to clause 4.2 of these Recruiter Terms, we will use our reasonable endeavours to post all Content on the date set out on the relevant Order but we do not accept liability for any consequences, howsoever arising, due to error or delay in posting, or refusal to post, Content.
6.7 We shall not be held responsible for any addition to, changes in, deletions from, delay in publication or withdrawal of any Content required by any competent authority having jurisdiction over or responsibility for the regulation of electronic and online advertising on the internet (including without limitation the Advertising Standards Authority or any replacement body).
6.8 Save as otherwise expressly agreed by us in writing, no protection against proximity of competitive products or services on the Website is given by us.
6.9 In the event of our publication of the Website being restricted, curtailed or prevented by any law, regulation, guideline, code or any other act or thing beyond our control, we may at any time, notwithstanding anything contained in these Recruiter Terms, forthwith terminate these Recruiter Terms in whole or in part without prejudice to our right to be paid by the Recruiter any monies due at the date of termination.
6.10 The Recruiter grants us a royalty free, non-exclusive licence to use certain of its names, trade marks and/or logos for the purpose of enabling us to perform our obligations under these Recruiter Terms.
6.11 In order to maintain the integrity of CIMA MY JOBS we reserve the right to forward contact details to any regulatory authorities (including without limitation the police) when requested to do so. We may also forward your contact details where a complaint arises concerning your use of CIMA MY JOBS and where that use is considered to be inconsistent with the Terms. Subject to this clause 6.11 and other than as required by law, we will not disclose your registration details to any third party without your consent.
7. Payment
7.1 Fees for Job Advertisements are set out in the Advertising Options section of the Website and may be updated by us from time to time. Fees for Branded Advertising and Sponsored Content are available by contacting myjobs@cimaglobal.com.
7.1.1 A job posted on CIMA MY JOBS will remain live for 28 days, any extension of this time will be charged to the Customer as a new posting.
7.1.2 If any services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without prior written consent from CIMA. The customer will be responsible for payment for any unused Services.
7.2 You must provide us with complete, accurate and up to date payment information. If you choose to buy any Content via our standard booking order form, you will receive an invoice from us which shall be payable within 30 days of receipt in British Pounds Sterling or Euros, depending on the service and your country of residence. If you fail to satisfy this invoice in full by the due date, we shall be entitled but not obliged to charge you interest on the overdue amount.
7.3 In the event of any failure by you to make payment in accordance with these Recruiter Terms, you will be responsible for all expenses (including legal fees) incurred by us or our agents in collecting such amounts.
7.4 All payments referred to in these Recruiter Terms are stated exclusive of value added tax and all other similar taxes and duties payable in respect of such payments. You shall pay to us at the time that the payment becomes due an amount equal to the value added tax, properly chargeable upon such payment.
7.5 If the Website is unavailable to you, through operating difficulties on our part, for more than 7 consecutive working days then a pro-rata refund of the appropriate monthly fee shall be made to you by adjusting the next monthly invoice accordingly.
8. Termination
8.1 Either party (the "Non-Defaulting Party") may terminate these Recruiter Terms and/or require payment of any amounts due hereunder (without prejudice to its other rights and remedies) with immediate effect by written notice to the other party (the "Defaulting Party") if:
8.1.1 the Defaulting Party commits a material breach of any of its obligations under these Recruiter Terms and if the breach is capable of remedy, fails to remedy it during the period of fifteen (15) days starting on the date of receipt of notice from the Non-Defaulting Party specifying the breach and requiring it to be remedied;
8.1.2 the Defaulting Party becomes insolvent (including being unable to pay its debts as they fall due and/or that the value of its assets is less than the amount of its liabilities taking into account its contingent and prospective liabilities), proposes an individual, company or partnership voluntary arrangement, has a receiver, administrator or manager appointed over the whole or any part of its business or assets; if any petition shall be presented, order shall be made or resolution passed for its 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 it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, if it ceases or threatens to cease to carry on business or if it claims the benefit of any statutory moratorium; or
8.1.3 the Defaulting Party suffers or there occurs in relation to that party, any event which in the reasonable opinion of the Non-Defaulting Party is analogous to any of the events referred to in clause 7.1.2 in any part of the world;
8.2 Each party shall immediately give notice in writing to the other party of any event within clauses 7.1.2 and 7.1.3 which would entitle the other party to terminate these Recruiter Terms.
9. Limitation of Liability
9.1 Our aggregate liability in respect of any loss or damage suffered by you and arising out of or in connection with these Terms, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the amount of the Fees actually paid by you to us pursuant to this Agreement during the year in which such loss or damage is suffered.
9.2 We shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
9.2.1 any loss arising from or in connection with loss of revenues, profits, contracts, or business or failure to realise anticipated savings;
9.2.2 any loss of goodwill or reputation; or
9.2.3 any indirect or consequential losses suffered or incurred by you arising out of or in connection with any matter under these Recruiter Terms.
9.2.4 we do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised.
9.3 Nothing in this clause 9 shall limit our liability for death or personal injury resulting from our negligence or for fraud.
10. Publicity
You shall not without our prior consent claim any association with us or use our name, mark or logo or otherwise refer to us or our services or publish any information in connection with any Job Advertisement or Sponsored Content which has been published or is scheduled for publication.
11. Miscellaneous
11.1 We shall have no liability for any delay in or failure to perform any or all of our obligations under the Terms if the delay or failure arises from or is attributable to acts, events, omissions or accidents beyond our reasonable control including, without limitation, industrial disputes (where caused by events or circumstances which are themselves beyond our reasonable control), nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law, governmental order, rule, regulation, or direction, failure of technical facilities, accident, fire, flood, storm or default of suppliers or sub-contractors.
11.2 Any notice given under these Recruiter Terms shall be in writing and served by hand, prepaid, recorded or special delivery post or prepaid international recorded airmail to the relevant addressee at the address referred to in the Order or such other address as the relevant party may designate to the other in writing from time to time. Any such notice shall be deemed to have been served at the time of delivery. For the avoidance of doubt, notice given under this Contract shall not be validly served if sent by email.
11.3 Nothing in this Contract shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and neither party shall have authority to bind the other in any way unless expressly provided otherwise in this Contract.
11.4 Each party undertakes that it will not at any time hereafter use or disclose to any person, except to its professional representatives or as may be required by law or any legal or regulatory authority, the terms and conditions or existence of the Terms or any confidential information concerning the business or affairs of the other party which may have or may in the future come to its knowledge. Neither party shall use any such confidential information except for the performance of the Terms or make any announcement relating to the Terms or its subject matter without the prior written approval of the other party. This paragraph 11.4 shall continue in full force and effect notwithstanding any suspension or termination of the Terms.