Earthworks Terms & Conditions
GENERAL TERMS OF TRADINGAll contracts for the provision of recruitment related services made by Earthworks-Jobs.Com Limited are subject to the following conditions:-
1. DEFINITIONS"Conditions" means the terms and conditions set out below;
"Customer" means an individual job applicant who agrees to acquire recruitment advertising services in pursuance of employment from Earthworks-Jobs.Com in accordance with these Conditions;
"Earthworks-Jobs.Com" means Earthworks-Jobs.Com Limited;
"Service" means the recruitment advertising services provided by Earthworks-Jobs.Com to the Customer, details of which are set out these Conditions;
"Charges" means the charges, details of which are set out in Condition 5 below (most services are free of charge);
"the Web Site" means the web site www.Earthworks-Jobs.Com dedicated to the progression of careers and made available to the Customer as part of the Services.
2. WEB SITE2.1 The Customer acknowledges that all copyright, trade marks and other intellectual property rights in or arising from any material contained in the Web Site shall remain the exclusive property of Earthworks-Jobs.Com.
2.2 The Customer shall not reproduce, display, distribute or otherwise use any of the contents of the Web Site for any public or commercial purposes and shall not use the contents of the Web Site in any other networked computer environment for any other purpose.
2.3 The Customer shall not transmit or distribute to or from or store on the Web Site any material which is defamatory, obscene, threatening, distasteful or otherwise contravenes any applicable law or regulation.
2.4 The Customer shall not post on the Web Site any advertisements or chain letters or material that contains viruses.
2.5 The Customer shall not access any data not intended for the Customer or otherwise attempt to interfere with the Services provided to other users.
2.6 The Customer shall not delete or revise any material posted by any other person on the Web Site without the prior written consent of Earthworks-Jobs.Com.
2.7 The Customer shall not use any engine, software, tool or other device to navigate or search the Web Site other than the search engine provided by Earthworks-Jobs.Com or other third party web browsers generally available on the market.
2.8 The Customer shall not attempt to decipher, decompile, disassemble or reverse engineer any software comprising or relating to the Web Site.
3. SECURITYThe Customer shall not disclose its password to any third party without the prior written consent of Earthworks-Jobs.Com and shall immediately notify Earthworks-Jobs.Com of any unauthorised use of its password.
4. PROVISION OF THE SERVICES4.1 Earthworks-Jobs.Com will endeavour to provide the Customer with the Services on the terms and conditions set out in these Conditions.
4.2 Earthworks-Jobs.Com shall provide the following recruitment advertising services:-
4.2.1 access to short resumes for those seeking employment;
4.2.2 recruitment job posting and related branding
5. CHARGESMost services for job seekers are free of charge. Services that are not free require an obvious purchase process to be completed before any charges become due. All chargeable services shall be charged in accordance with Part 1 of the Schedule (unless other Charges have been agreed in writing) from the date of appointing Earthworks-Jobs.Com to provide the Services. The charges as set out in Part 1 of the Schedule shall be paid by the Customer to Earthworks-Jobs.Com.
6. JOB APPLICANTS6.1 The Customer hereby permits Earthworks-Jobs.Com to disclose to third parties on an anonymous basis the information contained in the Customer's short resume;
6.2 Earthworks-Jobs.Com hereby agrees not to disclose to any third party details of the name, address, e-mail address or any other information revealing the personal identity of the Customer without the prior written or email consent of the Customer;
6.3 The Customer acknowledges that it is responsible for the form, content and accuracy of any material submitted to Earthworks-Jobs.Com for insertion on the Web Site.
7. LIMITATION OF LIABILITY AND INDEMNITY7.1 Earthworks-Jobs.Com makes no representations or warranties about the accuracy, reliability or completeness of any material contained on the Web Site and use of the Web Site by the Customer is entirely at its own risk and in particular, Earthworks-Jobs.Com makes no warranty or representation as to the suitability of candidates for employment or as potential employers.
7.2 Other than in circumstances in which there has been a deliberate or negligence act or omission by Earthworks-Jobs.Com or any of its employees giving rise to death or personal injury, Earthworks-Jobs.Com shall not be liable to the Customer whether in contract, delict or otherwise, for any loss, damage
or injury however caused or arising out of, or in the course of, or in connection with, the provision of the Services or in connection with any claims by third parties.
7.3 Earthworks-Jobs.Com shall not in any circumstances be liable to the Customer in contract, delict or otherwise for any indirect or consequential loss whatever and howsoever caused including but not limited to loss of job opportunities or losses arising from unsuitable candidates or any other losses arising from lost or inaccurate data, business interruption or otherwise.
7.4 The Customer shall be liable for and shall fully and promptly indemnify and hold harmless Earthworks-Jobs.Com, its officers, employees and agents against all liabilities, damages, costs, losses, claims, demands and proceedings incurred or suffered whatsoever (including, for the avoidance of doubt, consequential loss and, as such, loss of profits) and howsoever arising, being directly or indirectly out of or in connection with any claims, demands, proceedings brought against Earthworks-Jobs.Com by any third party. This Condition shall not apply in relation to any liabilities
arising as a result of any deliberate or negligent act or omission of Academic Jobs EU or any of its employees.
7.5 Earthworks-Jobs.Com hereby excludes, to the fullest extent permitted by law, all warranties, whether express or implied, including any warranty as to fitness for purpose of any materials posted on the Web Site or otherwise in relation to the reliability, completeness or timeliness of the Services and no warranty is given specifically that the Web Site will operate free of errors or viruses.
7.6 Earthworks-Jobs.Com is not responsible for the contents of any materials contained in any third party web sites which are linked to the Web Site and no representations or warranties are given regarding the content or accuracy of materials contained on such web sites.
8. TERMINATION8.1 Without prejudice to any of its rights, Earthworks-Jobs.Com may terminate the provision of the Services to the Customer immediately upon email or written notice to the Customer at any time if the Customer:-
8.1.1 fails to make any payment due under these Conditions and if such default continues for a period of seven (7) days after written notice of such default is sent to the Customer'
8.1.2 breaches any of these Conditions and such breach continues for a period of seven (7) days after written notice of such default is sent to the Customer;
8.1.3 makes any voluntary arrangement with its creditors or becomes subject to an administration order or goes into liquidation.
9. FORCE MAJEUREEarthworks-Jobs.Com shall not be liable to the Customer or be deemed to be in breach of any these Conditions by reason of any delay in performing or failure to perform any of the Services if the delay or failure was due to any cause beyond Earthworks-Jobs.Com' reasonable control (including but not limited to any factors affecting the operation of the Web Site including computer viruses or interruptions to power supply).
10. WAIVERNo waiver by Earthworks-Jobs.Com of any breach of these Conditions by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
11. SEVERANCEIf any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
12. NOTICESAny notice required to be given under these Conditions shall be in writing and shall be served by sending the same by electronic mail to the "e" mail address of the other party.
13. GOVERNING LAW AND JURISDICTIONThese Conditions shall be governed by and construed in accordance with the laws of England. In the event of any dispute, the parties hereby agree to submit to the non-exclusive jurisdiction of the English courts.
14. ENTIRE AGREEMENTThese Conditions supersede any previous agreements or understanding between the parties in relation to the provision of the Services excluding always any fraudulent misrepresentations and represents the entire agreement between the parties. No variation of these Conditions shall be effective unless made in writing and signed by an authorised representative of Earthworks-Jobs.Com and the Customer.
This is the Schedule referred to in the foregoing Terms of Trading.
Most services to individuals seeking employment are free of charge. Services that are not free require an obvious purchase process to be completed before any charges become due. The charges for Services which are not free shall be;
In circumstances where the Customer is an individual seeking employment, the Customer will pay the Charges in accordance with those indicated and agreed to at the time of ordering a service on-line unless other Charges have been agreed in writing.
The Charges shall become immediately payable at the time of ordering a service on-line.
All payments to be made by the Customer to Earthworks-Jobs.Com under these Conditions shall be made by cheque, cash, on-line credit card or otherwise as instructed by Earthworks-Jobs.Com from time to time.
The performance by Earthworks-Jobs.Com of its obligations under these Conditions is conditional upon payment being made by the Customer in accordance with this Condition. If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Earthworks-Jobs.Com, Earthworks-Jobs.Com shall be entitled either to suspend its obligations under these Conditions and/or to charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of four (4) percent above the base rate of The Royal Bank of Scotland plc, until payment is made in full.
All payments to be made by the Customer to Earthworks-Jobs.Com under these Conditions are exclusive of any applicable Value Added Tax or any other tax which may be applicable.