In these terms and conditions:
a. References to 'we', 'us' or 'our' are references to the Institute of Practitioners in Advertising (IPA);
b. 'IPA Jobs Online' refers to the recruitment service provided by the IPA to its members and external registered users of its website at http://www.ipa.co.uk;
c. 'Client' means any person, company, organisation or firm which purchases Services from us;
d. 'Site' means the website at http://www.ipa.co.uk
1.1 All business undertaken between the Client's company/organisation and the IPA is subject to these terms and conditions of business. 2. Registration
Clients must register at http://www.ipa.co.uk in order to use the IPA Jobs Online service.
2.1 The details provided by the Client on Registration are important and must be true, complete and correct. The Client agrees to notify us immediately of any changes which are relevant to its Registration by informing us at firstname.lastname@example.org 3. The Client's Information
3.1 We will respect the Client's information and undertake to comply with all applicable UK data protection legislation currently in force.
3.2 Other than as required by law, or as permitted by these conditions, we will not disclose the Client's Registration details to any third party without the Client's permission.
3.3 We will not monitor or edit the contents of the Client's postings on IPA Jobs Online unless required to do so by law (in particular laws relating to defamation, harassment or obscenity) or in the good faith belief that such action is necessary to:
3.3.1 conform to the edict of the law and comply with legal process served on us;
3.3.2 protect and defend our right to properties;
3.3.3 act under exigent circumstances to protect the personal safety of our users or the public; or
3.3.4 carry out necessary maintenance or improvements to the posting service.
3.3.5 ensure that the postings are of a standard that is acceptable to us, at our sole discretion, for inclusion in the Site.
3.4 We reserve the right to temporarily remove any postings which we, in our sole discretion, consider to be of an unacceptable standard to include in the Site for any reason and the right to request that the Client rewrite any such postings and if such postings are not rewritten in a manner acceptable to us within two business days of such request, such postings shall be removed permanently by us.
3.5 In order to maintain the integrity of IPA Jobs Online we reserve the right to forward contact details to any regulatory authorities when requested to do so including the police; we may also forward contact details where a complaint arises concerning the Client's use of IPA Jobs Online and where that use is deemed to be inconsistent with these terms and conditions. 4. Rights in the Database
4.1 Database rights (pursuant to the Copyright and Rights in Databases Regulations 1997) and all other applicable copyright and intellectual property rights in the candidate database belong to the IPA. The Client acknowledges that they do not acquire any rights in the database or its content. In addition the Client may NOT:
4.1.1 Supply, sell or license material from the IPA, or a copy of it, to any other person, including another member of the Client's group of companies.
4.1.2 Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies. The Client must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations. 5. Intellectual Property Rights
5.1 Nothing in these conditions shall take effect so as to give the Client any rights in relation to copyright, trade marks or other intellectual property rights in IPA Jobs Online, other than the limited rights of use of such service set out in these terms and conditions.
5.2 Except as permitted by applicable law, the Client agrees not to copy, modify or reverse engineer any part of IPA Jobs Online.
5.3 The Client hereby indemnifies us against any and all liability for any and all copyright infringement or the breach of any other intellectual property right, that is caused by the Client's failure to abide by these terms and conditions. 6. Our Obligation to the Client
6.1 We will use our reasonable endeavours to maintain IPA Jobs Online in a fully operating condition and error free. We shall have no liability for any failures in the Client accessing IPA Jobs Online caused by any software utilised by the Client when inputting any posting information. 7. The Client's Obligation to Us
7.1 By submitting a vacancy, the Client is authorising the IPA to post such vacancy on IPA Jobs Online.
7.2 The Client is responsible for the content of the vacancy and will indemnify The IPA against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
7.3 The IPA does not guarantee that the Client will receive any responses to its displayed job vacancies.
7.4 The Client is responsible for verifying the information contained in Applicants' responses and The IPA accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the Applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.
7.5 It is the Client's responsibility to protect their computers against any viruses, though all applications to postings submitted using the functionality of IPA Jobs Online site are automatically cleaned for known viruses.
7.6 All and any subsequent dealings between the Client and any Applicant and in connection with the Applicant's response to the vacancy are the responsibility of the Client and The IPA accepts no liability whatsoever therewith. The Client will indemnify the IPA against any Losses in connection therewith.
7.7 The Client will comply with the provisions of the Data Protection Act 1998 in relation to all Applicants' details and indemnify the IPA against any Losses in connection therewith.
7.8 The Client will comply with all anti-discrimination legislation including but not limited to the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995. The Client will indemnify The IPA against any Losses in connection therewith.
7.9 The Client, if an employment agency or an employment business as defined in the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations"), will comply with the provisions of the Regulations and the Employment Agencies Act 1973 in relation to all vacancies posted on the IPA's Site, communications with Applicants and management of Applicants' details and indemnify the IPA against any Losses in connection therewith. The IPA monitors the quality of vacancies from time to time in order to provide a better service to candidates.
7.10 The Client must satisfy itself of the qualifications and/or authorisations required by law or by any relevant professional body in respect of the vacancy.
7.11 The Client shall not post any vacancy where:
7.11.1 there is a risk to the health and safety of any Applicant at the location where the work is to be performed, or
7.11.2 the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances.
7.12 The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an Applicant and shall hold the IPA harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the Applicant it intends to engage (if any) to work for the Client in the vacancy posted.
7.13 The IPA reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:
7.13.1 those that have not provided full or accurate contact or company information
7.13.2 those that the IPA considers to be acting inappropriately or illegally
7.14 By accessing or using any part, service or feature of this site, the Client agrees to use it in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the service, website or our terms and conditions can result in the Client's access to this service being removed.
7.15 From time to time The IPA will contact Clients in order to evaluate the service they receive and also to promote the IPA's recruitment services and products.
7.16 The IPA reserves the right to charge for the IPA Jobs Online service as it sees fit and in its sole and absolute discretion, provided that such charge (if any) shall not be retrospective.
7.17 The IPA reserves the right to change any aspect of the IPA Jobs Online service without notice.
7.18 The Client agrees not to sell or in any way transfer the benefit of the services that we provide to the Client, including, but without limitation to the generality of the foregoing, the job postings that the Client displays on the Site.
7.19 The Client agrees that they will only use IPA Jobs Online in a manner that is consistent with these terms and conditions and in such a way as to ensure compliance with all applicable laws and regulations. In particular, the Client will not use IPA Jobs Online to transmit or distribute any material which is defamatory, offensive or of any obscene or menacing character, or which may, in our judgement, cause annoyance or inconvenience or anxiety to any person including without limitation any racist, sexist, To the extent to which the Client's use, or the use by any employee or person authorised by the Client causes loss or damage to any person who has posted their CV on the IPA Jobs Online site, or any other person, the Client agrees to indemnify us immediately on demand in relation to any such losses or damages attributable to the Client, including where necessary any legal and administrative, or technical charges that may arise from such use.
7.20 The Client agrees not to use IPA Jobs Online or the services made available to them on or via IPA Jobs Online such that the Client causes a whole or part of IPA Jobs Online or such services to be interrupted, damaged, rendered less efficient or in any way impaired.
7.21 The Client agrees to take full responsibility for the use of IPA Jobs Online made by them and accordingly the Client accepts liability under these terms and conditions for third party use of IPA Jobs Online which is in breach of these conditions.
7.22 The Client agrees not to use IPA Jobs Online to gain or seek unauthorised access to other computer systems.
7.23 We reserve the right to suspend the services offered to the Client by IPA Jobs Online if we have reasonable cause to suspect that the Client is in breach of any of these terms and conditions of use.
7.24 The Client agrees to maintain the confidentiality of the price/prices that is/are negotiated between us and to keep any negotiations or other information connected therewith in strict confidence and not to disclose such information to any third party.
7.25 It is the Client's responsibility to ensure that they have the appropriate equipment and are connected to the appropriate services to enable them to post jobs to IPA Jobs Online.
7.26 If the Client chooses to post a link to an external site, the Client is responsible for maintaining the link and for the content of material on the linked site. We may remove from IPA Jobs Online any posting which contains content or links to a site which, in our opinion, is defamatory or objectionable or will bring IPA Jobs Online into disrepute. The Client indemnifies us from and against any claims or liability arising from content or links contained in the Client's postings.
7.27 Vacancies posted on IPA Jobs Online may also appear on third party recruitment web sites pursuant to agreements from time to time between the IPA and the proprietors of such web sites. 8. Limitation of Liability
8.1 Nothing in these terms and conditions shall limit either our or the Client's liability for personal injury of death caused (respectively) by our or the Client's negligence.
8.2 Subject to condition 7.1 above, except as set out in these terms and conditions, we shall not be liable to the Client or to any third party for any lost profits; any loss of business; any cost of replacement services; any punitive or exemplary damages; or any indirect, consequential, incidental or special losses or damages or any kind or nature whatsoever, howsoever caused; and, unless otherwise excluded under this condition, the Client's exclusive remedy for any claim, loss or damages in any way related to any services provided or anticipated to be provided under these conditions shall be limited to the aggregate value of any service levels purchased from us. Nothing contained in this condition shall prevent either party from seeking interlocutory relief. 9. Termination
9.1 On successful registration and acceptance as an IPA Jobs Online user, you shall be entitled to use IPA Jobs Online subject to these conditions which will remain effective until terminated in accordance with the following provisions.
9.2 The Client's right to continue to use IPA Jobs Online will terminate immediately on written notice from us if :
9.2.1 the Client fails to comply with any of these conditions; or
9.2.2 the Client becomes insolvent or bankrupt. 10. Prices
10.1 Prices are guaranteed for the period stated on the IPA Jobs Online ratecard
10.2 A non-member job posted on IPA Jobs Online will remain live for 28 days or such shorter time as we agree with the Client. Any extension of this time will be charged to the Client as a new posting.
10.3 A member job posted on IPA Jobs Online will remain live for three months before automatically expiring. Member jobs may be manually expired by the agency's Jobs Administrator before this time period. 11. Refunds
The Client will not be able to post a job on IPA Jobs Online until they have made payment through Sagepay, our online merchant. Posting a job successfully leads to an automatic e-mail alert to those who have opted to receive jobs alerts on the Site. We cannot therefore offer refunds for jobs successfully posted. However, any posting genuinely made in error will be investigated provided the Client contacts the IPA immediately and within 24 hours of the posting being made. Clients should contact email@example.com
. 12. Payment Terms
12.1 Payment for all postings is to be paid immediately using the Sagepay online merchant system provided.
12.2 Any transactions that fail to be successfully completed using the Sagepay merchant system will be investigated by the IPA and the Client notified immediately. If payment is not made immediately thereafter, possibly using an alternative payment system as advised by the IPA, the posting or postings concerned will be removed from IPA Jobs Online immediately.
12.3 We have a right to charge interest at the rate of 5% per month above the base lending rate of HSBC Bank from time to time or part thereof on all accounts remaining unpaid 30 days after the invoice date.
12.4 Failure to pay for any job posted on IPA Jobs Online will result in that Client being prohibited from posting jobs until full payment has been made, including any interest payments that have been added to outstanding bills. 13. Waiver
13.1 Failure or neglect by IPA Jobs Online to enforce at any time any of the provisions of these terms and conditions shall not be construed nor shall be deemed to be a waiver of the IPA's rights under these terms and conditions nor in any way affect the validity of the whole or any part of these terms and conditions nor prejudice the IPA to take subsequent action. 14. Severability
14.1 In the event that any of the terms, conditions or provisions of these terms and conditions shall be determined by an competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extend permitted by law. 15. Force Majure
15.1 The IPA shall not be liable to the Client in respect of anything that may constitute breach of these Terms and Conditions arising by reason of force majeure, namely circumstances beyond the control of the IPA which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, telecommunications and utilities failure, riot, civil commotion or civil authority, including acts of local government and parliamentary authority, breakdown of plant or machinery or software or death of royalty. 16. Applicable Law and Jurisdiction
16.1 The laws and England and Wales shall govern these conditions and the Client's use of IPA Jobs Online and the parties hereby submit to the exclusive jurisdiction of the English courts.
Last updated 28/02/2013