Terms and Conditions

1 Interpretation

1.1 In these Conditions:
“ADVERTISEMENT” means any advertisement issued by the Supplier on behalf of the Client and placed on the Website;
“APPLICANT” means the Candidate who applies for a vacancy advertised on the Website;
“APPLICATION” means an application by a Candidate to a vacancy advertised on the Website;
“CANDIDATE” means the person who applies for a vacancy on the Website;
“CANDIDATE INFORMATION” means the curriculum vitae and details of the Candidate’s education, training, qualifications, skills and employment experience provided to the Supplier by a Candidate;
“CLIENT” means the person named on the Sample Master Agreement for whom the Supplier has agreed to provide the Specified Service in accordance with these Terms;
“CONTRACT” means the contract for the provision of the Specified Service;
“DOCUMENT” includes, in addition to a document in Writing, a map, plan, design, drawing, picture or other image, or any other record of any information in any form;
“INPUT MATERIAL” means any Documents or other materials, and any data or other information provided by the Client relating to the Specified Service;
“OUTPUT MATERIAL” means any Documents or other materials, and any data or other information provided by the Supplier relating to the Specified Service;
“MASTER AGREEMENT” means the sheet to which these Terms are appended;
“SPECIFIED SERVICE” means the services to be provided by the Supplier for the Candidate and Client and referred to in the Sample Master Agreement and which are listed in the First Schedule;
“SUPPLIER” means All jobsites Ltd trading as Allconstructionjobs.co.uk registered in England and Wales under number 5316789
“SUPPLIER’S STANDARD CHARGES” means the charges shown in the Master Agreement or other published literature relating to the Specified Service from time to time.
“TERMS” means the standard terms and conditions set out in this document.
“WEBSITE” means www.allconstructionjobs.co.uk
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
1.3 References to the masculine import the feminine and neuter and references to the singular import the plural and vice versa
1.4 Words importing persons include bodies corporate and unincorporated.

2 Supply of the Specified Service

2.1 The Supplier shall provide the Specified Service to the Client subject to these Terms. Any changes or additions to the Specified Service or these Terms must be agreed in Writing by the Supplier and the Client.
2.2 The Client shall at its own expense supply the Supplier with all necessary Documents or other materials, and all necessary data or other information relating to the Specified Service, within sufficient time to enable the Supplier to provide the Specified Service in accordance with the Contract. The Client shall ensure the accuracy of all Input Material.
2.3 The Client shall at its own expense retain duplicate copies of all Input Material and insure against its accidental loss or damage. The Supplier shall have no liability for any such loss or damage, however caused. All Output Material shall be at the sole risk of the Client from the time of delivery to or to the order of the Client.
2.4 The Specified Service shall be provided in accordance with the Sample Master Agreement and otherwise in accordance with the Supplier’s current brochure or other published literature relating to the Specified Service from time to time, subject to these Terms.
2.5 Further details about the Specified Service, and advice or recommendations about its provision or utilisation, which are not given in the Supplier’s brochure or other promotional literature, may be made available on Written request.
2.6 The Supplier may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Specified Service without any liability to the Client.
2.7 The Supplier may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.
2.8 The Supplier is not an employment agency or employment business under the terms of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 or otherwise.
2.9 The Candidate accepts that the Supplier will not be liable for failure to provide the Specified Service as a result of circumstances beyond its reasonable control.
2.10 The Supplier shall not provide the Specified Service to the Candidate until the Candidate Information has been supplied to the Supplier and saved and stored on the Website.
2.11 The Supplier shall be entitled at any time and without notifying the Candidate to make any change to the Specified Service which is necessary to comply with any statutory or regulatory requirement.
2.12 The Supplier reserves the right to refuse to distribute or forward and to remove any Candidate Information stored or saved on the Website where it appears illegal, immoral, obscene or offensive or where necessary for the Supplier to comply with any statutory or regulatory requirement.

3 Charges

3.1 Subject to any special terms agreed, the Client shall pay the Supplier’s Standard Charges and any additional sums which are agreed between the Supplier and the Client for the provision of the Specified Service or which, in the Supplier’s sole discretion, are required as a result of the Client’s instructions or lack of instructions, the inaccuracy of any Input Material or any other cause attributable to the Client.
3.2 The Supplier shall be entitled to vary the Supplier’s Standard Charges from time to time by giving not less than one months’ Written notice to the Client.
3.3 All charges quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
3.4 The Supplier shall be entitled to invoice the Client following the end of each month in which the Specified Service is provided, or at other times agreed with the Client.
3.5 The Supplier’s Standard Charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deduction) within 30 days of the date of the Supplier’s invoice.
3.6 If payment is not made on the due date, the Supplier shall be entitled, without limiting any other rights it may have, to charge compensation and interest on the outstanding amount (both before and after any judgment) in accordance with the Late Payment of Commercial Debts Regulations as are enforced from time to time from the due date until the outstanding amount is paid in full.

4 Rights in Input Material and Output Material

4.1 The property and any copyright or other intellectual property rights in:
4.1.1 any Input Material shall belong to the Client
4.1.2 any Output Material shall, unless otherwise agreed in Writing between the Client and the Supplier, belong to the Supplier, subject only to the right of the Client to use the Output Material for the purposes of utilising the Specified Service.
4.2 Any Input Material or other information provided by the Client which is so designated by the Client shall be kept confidential by the Supplier, and all Output Material or other information provided by the Supplier which is so designated by the Supplier shall be kept confidential by the Client; but the foregoing shall not apply to any Documents or other materials, data or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party.
4.3 The Client warrants that any Input Material and its use by the Supplier for the purpose of providing the Specified Service will not infringe the copyright or other rights of any third party, and the Client shall indemnify the Supplier against any loss, damages, costs, expenses or other claims arising from any such infringement.
4.4 Subject to paragraph 4.3, the Supplier warrants that any Output Material and its use by the Client for the purposes of utilising the Specified Service will not infringe the copyright or other rights of any third party, and the Supplier shall indemnify the Client against any loss, damages, costs, expenses or other claims arising from any such infringement.

5 Warranties and Liability

5.1 The Supplier shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
5.2 Except in respect of death or personal injury caused by the Supplier’s negligence, or as expressly provided in these Terms, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by the Client, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the amount of the Supplier’s charges for the provision of the Specified Service, except as expressly provided in these Terms.
5.3 The Supplier shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond the Supplier’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Supplier’s reasonable control:
5.3.1 Act of God, explosion, flood, tempest, fire or accident;
5.3.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
5.3.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
5.3.4 Strikes, lock-outs or other industrial actions or trade disputes (whether involving the Supplier or a third party);
5.3.5 Difficulties in obtaining labour, parts or machinery;
5.3.6 Power failure or breakdown in machinery.
5.4 The Supplier makes no representations regarding any Advertisement accessed from the Website by any Candidate nor regarding any Client who uses the Specified Service. The Supplier relies upon information provided by the Client and accordingly it is up to the Candidate to satisfy itself as to the suitability of the Client.
5.5 The Supplier shall not be liable to the Candidate for:
5.5.1 loss of any Candidate Information or any other material stored or saved on the Website by the Candidate;
5.5.2 for failure to secure any employment or any consequential loss (whether caused by the negligence of the Supplier its agents or employees) 5.5.3 any delay, costs, expenses, loss, damage (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 the Supplier or as a result of the acts or omissions of the Candidate.

6 Candidate Information

6.1 If the Candidate has saved or stored Candidate Information on the Website the following shall apply:
6.1.1 The Candidate warrants that the Candidate Information is true and accurate in all respects
6.1.2 Should any of the Candidate Information stored or saved on the Website be found to be false, misleading, inaccurate, illegal, obscene or offensive the Supplier reserves the right to remove the Candidate Information from the Website and suspend or restrict the Candidate’s access to the Website
6.1.3 The Supplier shall not guarantee the minimum number of times the Candidate Information will be viewed by Clients

7 Termination

7.1 The Client shall be entitled to terminate the Contract at any time by giving not less than one months’ Written notice to the Supplier.
7.2 Either party may (without limiting any other remedy) at any time terminate the Contract by giving Written notice to the other if the other commits any breach of these Terms and (if capable of remedy) fails to remedy the breach within 30 days after being required by Written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

8 General

8.1 These Conditions (together with the terms, if any, set out in the Sample Master Agreement) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in Writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
8.2 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
8.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
8.5 Any dispute arising under or in connection with these Terms or the provision of the Specified Service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of The Law Society of England and Wales.
8.6 English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.