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1. INTERPRETATION
1.1 In these Terms, the following definitions apply:
Advertisement: any advertisement published or promoted (or which is proposed to be published or promoted) by LJS on behalf of a Client in respect of a Job Vacancy.
Advertising Period: the period of time for LJS to display an Advertisement on the Website and/or via any LJS service and as agreed by the parties in writing.
Applicant: a Candidate who makes an Application.
Application: an application made by a Candidate for a Job Vacancy, and which is made via the Website or otherwise.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Candidate: a person who uses the Website or who otherwise uses or has used the services of LJS in any case for the purposes of finding employment or other work.
Charges: the charges payable by the Client for the supply of the Services in accordance with clause 11.
Client: any person, firm or company for whom the Services are provided (and whether as an employer, recruitment agent or otherwise).
Contract: the contract between LJS and the Client for the supply of Services in accordance with these Terms (and which includes any Order Form).
CV: the curriculum vitae or details of a Candidate’s education, training, skills and employment experience which is provided by a Candidate.
LJS: Logistics Job Shop Limited (company number 07371933) whose registered address is Redland House, 157 Redland Road, Redland, Bristol BS6 6YE.
Disclaimer: the disclaimer set out in the Website.
End Client: the person, firm or company to whom the Client provides its services in respect of the finding of suitable candidates for a Job Vacancy.
Intellectual Property Rights: all patents, rights to inventions, copyright and related rights, trade marks, service marks, trade, business and domain names, rights to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Jobs by Email: a service provided by LJS which matches and sends vacancies via email to Candidates who have subscribed to this service.
Job Vacancy: a job vacancy with either the Client or an End Client which is being advertised by the Client via the Website or any other LJS service.
Order Form: an order form (whether electronic or hard copy) agreed by the parties in writing (or any other form of written agreement between the parties) which specifies the services which will be provided by LJS.
Services: the services which LJS has agreed to supply to the Client in connection with Job Vacancies and as set out in the Order Form or as otherwise agreed in writing by the parties.
Terms: these terms and conditions as amended from time to time in accordance with clause 16.7.
Website: the site at www.logisticsjobshop.co.uk or any other website owned or controlled by LJS for the provisions of any Services.
1.2 In these Terms, the following rules apply: (a) a person includes a natural person, corporate or unincorporated body; (b) words denoting the singular number only shall include the plural and vice versa, and words denoting any gender include both genders; (c) a reference to a party includes its successors or permitted assigns; and (d) a reference to writing or written includes faxes and e-mails.
2. APPLICATION OF TERMS
2.1 The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of LJS which is not set out in the Contract.
2.2 These Terms apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. SERVICES GENERALLY
3.1 An Order Form completed by a Client constitutes an offer by the Client to purchase Services from LJS in accordance with these Terms.
3.2 The Order Form shall be deemed to be accepted when LJS issues written acceptance of the Order Form (via email or otherwise).
3.3 LJS shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Services, and LJS shall notify the Client in any such event.
3.4 All Intellectual Property Rights in or arising out of or in connection with the Services and the Website shall be owned by LJS, except where any such Intellectual Property Rights have been licensed to LJS by any third party.
3.5 The Client shall not infringe (and shall procure that any of its officers, employees or End Clients shall not infringe) any such Intellectual Property Rights as referred to in clause 3.4 and the Client shall fully indemnify LJS against any loss, liability or cost which LJS may suffer or incur as a result of any such infringement.
3.6 The Client is responsible for any use of its Website registration number or Website password (whether or not authorised by the Client).
4. ADVERTISEMENT SERVICE
4.1 If the Client wishes LJS to display an Advertisement either on the Website or via any LJS service, it shall complete the online advertisement template provided by LJS on its Website (Advertisement Order).
4.2 Any Advertisement shall only be in respect of a single Job Vacancy unless agreed otherwise by the parties in writing.
4.3 LJS shall use the Advertisement Order in order to create an Advertisement which it shall publish and promote in accordance with these Terms. Prior to the initial publication or promotion of the Advertisement, LJS shall add such text, graphics or data to the Advertisement as the Client shall reasonably request in writing.
4.4 After the initial publication or promotion of an Advertisement by LJS, any Advertisement shall only be amended by agreement of the parties.
4.5 Notwithstanding any other provision in these Terms, LJS may edit, remove or refuse to publish any Advertisement which (a) in LJS’s reasonable view contains offensive language, or (b) is in breach of any law.
4.6 The Client acknowledges that it shall not be entitled to any refund if an Advertisement is edited or removed by LJS pursuant to clause 4.5. If the Advertisement is never published or promoted, however, the Client may receive a refund (if it has paid in advance).
4.7 The Client acknowledges that LJS cannot guarantee the number of recipients of or the responses to any Advertisement and LJS shall have no obligations in connection with such response.
5. ADVERTISING ON THE WEBSITE
5.1 If the parties agree that an Advertisement shall be displayed on the Website, that Advertisement shall be displayed on a webpage for the agreed Advertising Period.
5.2 Any Website Advertisement may contain up to a maximum of [ ] characters of text, graphics, data and files.
6. ADVERTISING VIA JOBS BY EMAIL
6.1 If the parties agree that an Advertisement shall be delivered via Jobs by Email, such Advertisement shall be delivered 3 times per week via the Jobs-by-Email service to [all Candidates OR those Candidates who are, in LJS’s reasonable view, suitable] and for the agreed Advertising Period.
6.2 Jobs by Email Advertisements may only be sent to Candidates who have subscribed to the Jobs by Email service.
7. TERMINATION AND RENEWAL OF AN ADVERTISEMENT PERIOD
7.1 The Client may, by written notice to LJS, require that an Advertisement be promptly removed from the Website or from circulation at any time, although in such circumstances the Client shall not be entitled to a refund.
7.2 Any Advertisement Period may be renewed with the written agreement of both parties at any time and on such terms as the parties may agree in writing.
8. PROVISION OF CVS
8.1 CVs may be provided by Candidates (via the Website or otherwise) in response to an Advertisement and in accordance with clause 9 and subject to this clause.
8.2 The Client acknowledges, however, that LJS cannot guarantee (a) the accuracy of any CV or (b) the number of CVs which will be made available to a Client (or End Client).
8.3 The Client shall keep confidential all CVs and other Candidate information which it receives and shall only use (and shall procure that any of its officers or employees shall only use) any CV or Candidate information for the purpose of trying to secure a Job Vacancy for a Candidate, subject to clause 8.4.
8.4 The Client shall not reproduce or distribute any CV or Candidate information which it receives from a Candidate (via the Website or otherwise) except for the benefit of any of its suitable End Clients or except for its officers and/or employees and in either case for the purpose specified in clause 8.3.
8.5 If the Client does reproduce or distribute a CV or Candidate information under any of the exceptions set out in clause 8.4, the Client shall procure that the recipients shall keep the CV or Candidate Information confidential and shall be bound by the provisions in this clause (as if the recipient were the Client).
8.6 LJS reserves the right to immediately suspend or terminate the Contract if the Client is in breach of this clause 8 (and in such circumstances the Client shall not be entitled to any refund).
9. APPLICATIONS
9.1 Any Application made by a Candidate to a Client (or End Client) in response to an Advertisement shall be in accordance with this clause and subject to clause 8.
9.2 Candidates may (depending on the Advertisement service agreed by LJS with the Client) either (a) upload their CV onto the Website in response to an Advertisement, in which case LJS shall procure that the CV is forwarded on to the Client (or End Client) or (b) respond directly to the Client (or End Client) responsible for the Advertisement (such response being via the Website or otherwise).
9.3 The Client acknowledges, however, that it is not the responsibility of LJS to monitor or approve any Application and that LJS cannot guarantee the speed or security of any document or material transmitted to the Client via the Website or otherwise via the internet.
9.4 The Client also acknowledges that LJS cannot guarantee (a) the number of Applications for any Job Vacancy or (b) the accuracy of any Applicant’s information, and LJS shall not be responsible for the suitability of any Applicant or for any acts or omissions of an Applicant.
10. CLIENT'S OBLIGATIONS
10.1 The Client shall ensure that any information which it provides to LJS is accurate and not misleading and shall provide LJS with such information in respect of any Job Vacancy as LJS shall reasonably request.
10.2 The Client shall ensure that any Advertisement which it creates or approves (a) is accurate and not misleading and (b) complies with all applicable laws and regulations.
10.3 The Client shall (and shall procure that any of its End Clients shall) comply with all applicable data protection law in connection with any information which it receives via the Services.
11. CHARGES AND PAYMENT
11.1 The Charges for the Services shall be as set out in the Order Form or as otherwise agreed in writing by the parties.
11.2 LJS reserves the right to increase its Charges, provided that it gives reasonable notice of any such increase. If such increase is not acceptable to the Client, it may terminate the Contract immediately by giving written notice.
11.3 Any Charges shall be payable at such time as LJS shall specify and LJS may invoice the Client accordingly. The Client shall pay any invoice submitted by LJS: (a) within 15 days of the date of the invoice; and (b) in full and in cleared funds to a bank account nominated in writing by LJS, and time for payment shall be of the essence of the Contract.
11.4 All amounts payable by the Client under the Contract are exclusive of amounts in respect of value added tax (VAT) and any VAT shall be paid in addition to and at the same time as LJS’s related Charges.
11.5 Without limiting any other right or remedy of LJS, if the Client fails to make any payment due to LJS under the Contract by the due date for payment (Due Date), LJS shall have the right to charge interest on the overdue amount at the rate of 4 per cent per annum above the then current Barclays base lending rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
12. LIMITATION OF LIABILITY: THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
12.1 Nothing in these Terms shall limit or exclude LJS's liability for death or personal injury caused by its negligence; for fraud or fraudulent misrepresentation, or for anything which may not be limited or excluded under law.
12.2 Subject to clause 12.1, LJS shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising in connection with the Contract.
12.3 Subject to clause 12.1, LJS's total liability to the Client in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed a sum equal to one hundred and twenty five percent (125%) of the Charges actually paid by the Client to LJS in the 12 months prior to the first event giving rise to LJS’s liability.
12.4 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.5 LJS 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 LJS’s obligations in relation to the Services, if the delay or failure was due either to: (a) any delay or failure of the Client in performing its obligations under these Terms; or (b) any cause beyond LJS’s reasonable control.
12.6 This clause shall survive termination of the Contract.
13. INDEMNITY AND DISCLAIMER
13.1 The Client shall fully indemnify LJS for any loss, liability or cost which LJS may suffer or incur as a result of (a) any breach by the Client of any provision under clause 8 (Provision of CVs) or clause 10 (Client’s obligations), (b) any claim by a Candidate in connection with its employment or engagement by the Client or End Client (whether arising from a breach of law, contract or otherwise), or (c) any claim by an End Client in connection with the Services or a Candidate.
13.2 The parties acknowledge and agree that there are terms within the Disclaimer which are relevant to and which are accepted by the Client and that the terms set out in the Disclaimer shall form part of these Terms.
14. TERMINATION
14.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if the other party commits a breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 5 Business Days of that party being notified in writing of the breach.
14.2 Without limiting its other rights or remedies, LJS may terminate the Contract with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under this Contract on the due date for payment.
14.3 Without limiting its other rights or remedies, each party shall have the right to terminate the Contract by giving the other party 15 Business Days written notice.
15. CONSEQUENCES OF TERMINATION
15.1 On termination of the Contract for any reason the Client shall immediately pay to LJS all of LJS's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, LJS shall submit an invoice, which shall be payable by the Client immediately on receipt.
15.2 On termination of the Contract for any reason the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected and clauses which expressly or by implication have effect after termination shall continue in full force and effect.
15.3 If the Client shall have paid in advance for any Services for a specified period of time (Service Period), and if LJS shall terminate the Contract under clause 14.3 prior to the expiry of such Service Period, the Client shall be entitled to a refund on a pro rata basis but only in respect of the remaining portion of the Service Period. Otherwise, the Client shall not be entitled to any refund on termination of the Contract.
16. GENERAL
16.1 LJS may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent. The Client shall not, without the prior written consent of LJS, assign, transfer, or deal in any other manner with all or any of its rights or obligations under the Contract.
16.2 Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, or sent by fax to the other party's main fax number or sent by e-mail.
16.3 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that right or remedy.
16.4 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between the parties, nor constitute any party the employer or employee of the other party.
16.5 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
16.6 A person who is not a party to the Contract shall not have any rights under or in connection with it.
16.7 Any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by LJS.
16.8 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.