OnlinePurchase Terms and Conditions

Version Number 6.0 dated 1st October 2008

telecomsjobsource.co.uk is operated by Jobsite.

These Conditions are deemed accepted by the Client when the Client has requested provision or access to any Services provided by telecomsjobsource.co.uk.

1. Definitions

   • 1.1. In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:

     Advertisement

     any recruitment Advertisement including Lineage Advertisements, Semi-Display Advertisements and/or any page(s) of Client advertising together with any other form of Advertisement as shall appear on the Site from time to time;

     Advertising Agency

     a Client who in relation to the Services is receiving them on behalf of an End Client or is directly or indirectly providing the Services on to an End Client;

     Applicant

     a Candidate who applies for a vacancy advertised on the Site;

     Application Manager

     the facility provided by telecomsjobsource.co.uk to enable the Client to manage applications by enabling the Client to view CVs and covering letters and to record notes about the Applicants, and communicate with Applicants via a messaging centre;

     Application Manager Services

     the provision of the Application Manager;

     Candidate

     a person who uses the Site for the purpose of finding employment;

     Client

     any person using and purchasing the Services from telecomsjobsource.co.uk pursuant to the Online Purchase Agreement; where a person includes but is not limited to, Direct Employers, Recruitment Agencies, Recruitment Process Outsourcing Agencies and Advertising Agencies. In the circumstance of any Recruitment, Recruitment Process Outsourcing or Advertising Agency acting on behalf of one of their own End Clients, telecomsjobsource.co.uk will charge the Agency and not the Agency's End Client;

     Conditions

     these Online Purchase Terms and Conditions;

     Contract

     he contract for the supply of any Services by telecomsjobsource.co.uk to the Client comprising these Conditions and the Online Purchase Agreement;

     CV

     the curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is provided to telecomsjobsource.co.uk by a Candidate for distribution to Clients with a view to securing employment;

     CV Search

     a CV Service which enables the Client to search for and view CVs online using various search criteria;

     CV Services

     CV Search and CV Watchdog;

     CV Watchdog

     a CV Service which enables the Client to receive the latest CVs via email;

     Direct Employer

     aa Client who in relation to the Services is receiving them for the purpose of their own recruitment needs and not on behalf of any other 3rd party End Client;

     End Client

     the person to whom the Client's Services are provided;

     Fees

     the fees and charges (including VAT) payable by the Client to telecomsjobsource.co.uk as specified in the Online Purchase Agreement;

     Jobsite

     Jobsite UK (Worldwide) Limited. Registered in England and Wales under company number 3097157, VAT Registration Number GB243571171; a subsidiary of Associated Newspapers Limited (Company Number 84121);

     Jobs-by-Email

     a Service which matches and sends vacancies via email to Candidates who have subscribed to this Service;

     Licence

     a permit granted to the Client to utilise one or more CV Services;

     Lineage Advertisement

     a vacancy Advertisement containing text only which is available via online search and once per week via the Jobs-by-Email Service;

     Live Vacancy Listing

     a page of the Site which lists all the currently live vacancy Advertisements of any particular Client;

     Online Vacancy Purchase Agreement

     The agreement entered into between the Client and telecomsjobsource.co.uk on the Site;

     Recruiter

     any person working on behalf of the Advertising Agency, Direct Employer or Recruitment Agency Client and who is authorised by the Client to use the Services;

     Recruitment Agency

     an Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made there under);

     Recruitment Process Outsourcing Agency

     a Recruitment Agency who also carry out the selection and placement process on behalf of the End Client;

     Semi-Display Advertisement

     a vacancy Advertisement that uses a Semi-Display Template and inserted text. The combination is used to advertise a single vacancy and is available to Candidates via online search and once per week via the Jobs-by-Email Service;

     Semi-Display Template

     a standard template made up of text, graphics, data and files whose format is set to certain parameters by telecomsjobsource.co.uk;

     Services

     the services which telecomsjobsource.co.uk has agreed to provide pursuant to the Online Purchase Agreement and these Conditions and any other Services which may be provided to the Client;

     Site

     the Site at www.telecomsjobsource.co.uk or any other website that is owned, operated or maintained by Jobsite or Associated Newspapers Limited on which any Advertisement appears or via which any Service is offered from time to time whichtelecomsjobsource.co.uk may designate for the purpose of the Contract;

     Start Date

     the start date for the provision of the Services as referred to and identified in the Online Purchase Agreement for those Services;

     Term

     the term of the Contract as specified in the Online Purchase Agreement;

     Visitor

     a person who visits a specific page of the Site within a specific time period.

   • 1.2. In these Conditions:
     • 1.2.1. references to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
     • 1.2.2. references to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admits or requires;
     • 1.2.3. words importing persons include individuals, bodies corporate and unincorporate; and
     • 1.2.4. headings will not affect their construction.

2. Application of the Terms

   • 2.1. These Conditions to the exclusion of all previous Online Purchase terms and conditions issued by telecomsjobsource.co.uk shall apply to any Online Purchase Agreement entered into after the date on which these Conditions were posted on the Site.
   • 2.2. These Conditions are deemed to be fully read, understood and accepted by the Client upon the Client clicking on the "Accept Terms and Register" or "Accept Terms and Submit Order" buttons on the Site.
   • 2.3. No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of telecomsjobsource.co.uk.
   • 2.4. Each order for Services by the Client from telecomsjobsource.co.uk hall be deemed to be an offer by the Client to purchase the Services subject to these Conditions.
   • 2.5. No order placed by the Client shall be deemed to be accepted by telecomsjobsource.co.uk until telecomsjobsource.co.uk has sent an acknowledgement of order to the Client which confirms the Services are available for the Client to use. Such acknowledgement will be sent to the Client electronically.
   • 2.6. telecomsjobsource.co.uk reserves the absolute right, without giving any reasons, to decline or cancel an order or to remove any Advertisement or provision of Services for any reason and at any time without prior notice.

3. Services generally

   • 3.1. telecomsjobsource.co.uk shall be entitled at anytime without notifying the Client to make changes to the Services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.
   • 3.2. Any intellectual property, ideas, concepts, know-how or techniques developed by telecomsjobsource.co.uk or obtained during the execution of the Services will be owned exclusively by telecomsjobsource.co.uk.
   • 3.3. With effect from the Start Date telecomsjobsource.co.uk shall provide the Services for the Term subject to the provisions of these Conditions.
   • 3.4. telecomsjobsource.co.uk shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control but the Client accepts that it shall still be responsible for the payment of the Fees as if the Services had been properly provided.
   • 3.5. The Client accepts if any quota of Services which are to be used with any period of time specified in the Online Purchase Agreement are not used within that period of time, that telecomsjobsource.co.uk shall not be liable for any failure to provide the Services (or any part thereof) and the Client will still be responsible for the full payment of the Fees as if the Services had been properly and fully provided (and for the avoidance of doubt telecomsjobsource.co.uk shall not be liable for providing any unused Services and such Services may not be carried over to any subsequent period).
   • 3.6 telecomsjobsource.co.uk will only make available or supply copies of the CVs which have been received by it for distribution to Clients of telecomsjobsource.co.uk solely for the purpose of securing suitable employment for the Candidates and the Client accepts that telecomsjobsource.co.uk makes no warranty whatsoever as to the availability of the Candidates.
   • 3.7 telecomsjobsource.co.uk may at its discretion and without prior notice, report any Advertisement or Service used which in its reasonable opinion is being used for an improper or illegal purpose by a Client to the relevant authorities including, without limitation, the Department of Employment, the Office of the Information Commissioner and the Recruitment and Employment Confederation. telecomsjobsource.co.uk may also disclose information about any Client to any third party, as telecomsjobsource.co.uk shall deem necessary to protect its interests or the interests of Clients, Recruiters, Candidates, Applicants and/or other users of the Site.

4. Semi-Display Advertisements

   • 4.1. Semi-Display Advertisements are to be entered online by the Client using a standard Semi Display Template.
   • 4.2. Semi-Display Advertisements will be sent out to all relevant Candidates on a weekly basis via the Jobs-by-Email service for each week that they are live on the Site and to any new relevant Candidates registered within that week.
   • 4.3. telecomsjobsource.co.uk will convert each vacancy described in a Semi-Display Advertisement to a Lineage Advertisement for the purposes of distributing through the Jobs-By-Email service.
   • 4.4. Semi-Display Advertisements will remain live on the Site and available for searching via the internet for the period defined in the Online Purchase Agreement.
   • 4.5. Semi-Display Advertisements placed on the Site may be expired and removed by the Client. The Client will be charged for the full period for which the Semi-Display Advertisement was originally placed as defined in the Online Purchase Agreement, as if the Semi-Display Advertisement had not been expired.
   • 4.6. telecomsjobsource.co.uk will use reasonable endeavours to procure that Semi-Display Advertisements will become live on the Site within 1 working hour of submission to the Site where normal working hours are Monday to Friday 9am to 5pm UK time. telecomsjobsource.co.uk does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Services and has the right at its sole discretion to decline to publish or omit, suspend or change the position of any Advertisement accepted by it.
   • 4.7. Semi-Display Advertisements cannot be modified in any way whatsoever once they have been submitted to telecomsjobsource.co.uk, by the Client.
   • 4.8. Links to a Client's or End Client's website will not be permitted to appear in any Advertisement placed or Service used by the Client without telecomsjobsource.co.uk's prior consent.
   • 4.9. Semi-Display Advertisements may only contain one email address, which must be in the specific place designated by telecomsjobsource.co.uk and must not be part of the text describing the vacancy.
   • 4.10. telecomsjobsource.co.uk may edit, remove or refuse to publish any Semi-Display Advertisement:
     • 4.10.1. containing unnecessarily repeated words or phrases which cause a false positioning in the search results seen by a Candidate.
     • 4.10.2. advertising products, services, businesses or websites, including, but not limited to, franchises, pyramid selling, network marketing, multi-level marketing and 'get rich quick' schemes.
   • 4.11. A Semi-Display Advertisement shall contain the details of, accurately describe and pertain to no more than a single vacancy.
   • 4.12. telecomsjobsource.co.uk may refuse, withdraw, or require to be amended, any Semi-Display Advertisement which is illegal, immoral, obscene offensive or otherwise prejudicial to the interests of telecomsjobsource.co.uk or it's clients or users of it's services so as to comply with the legal or moral obligations placed upon telecomsjobsource.co.uk or the Client or to avoid infringing a third party's rights or any statutory or regulatory requirements.
   • 4.13. An Advertisement or Service which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act or the Age Discrimination Act. A statement must be made at the time the Advertisement is placed or Service used saying which of the exemptions in the Act(s) is considered to apply.

5. CV Search

   • 5.1. CV Services are subject to any instructions from a Candidate that his or her details should or should not be made available to the Client. In the event that telecomsjobsource.co.uk has reason to believe or suspect that its CV Services are being abused by the Client, including but without limitation to the breach of this Clause 5, telecomsjobsource.co.uk reserves the right to immediately suspend or terminate the Contract.
   • 5.2. The CV Search service will (under normal circumstances) be available to the Client at all times and will allow up to the number of Client's Recruiters specified in the Licence, access to all CVs on the Site. Where multiple CV Online service lines are specified on the Online Purchase Agreement, the Licence with the higher number of users applies and supercedes the lower number of users.
   • 5.3. telecomsjobsource.co.uk cannot guarantee the minimum number of new CVs available on any CV Service on any given day.
   • 5.4. telecomsjobsource.co.uk will (under normal circumstances) ensure that CVs are made searchable online within one hour of receipt of the CV from a Candidate via CV Search.
   • 5.5. In relation to the CV Search service the Client shall ensure that no automatic extraction software (to include software tools commonly known as robots and spiders) or any other means, are engaged or deployed, either on a temporary or a permanent basis, or unless specifically requested by the Client and approved in writing by a director of telecomsjobsource.co.uk, to facilitate the downloading or capturing of volume quantities of CVs from the telecomsjobsource.co.uk database irrespective as to which CV Service has been purchased from telecomsjobsource.co.uk.

6. Obligations of telecomsjobsource.co.uk

   • 6.1. telecomsjobsource.co.uk will use its reasonable endeavours to enable Applicants the facility of viewing the Clients' Advertisements on the Site and to provide the Services to the Client. However, the Client accepts that telecomsjobsource.co.uk cannot guarantee the number of occasions on which any individual Advertisement appears on the Site and that no obligations are imposed on telecomsjobsource.co.uk in this regard.

7. Client's obligations

   • 7.1. The Client hereby undertakes and warrants to telecomsjobsource.co.uk that:
     • 7.1.1. to use all reasonable precautions against access of the Site (or any website that is, or may become linked to any website) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Client's hardware and the rest of the Site;
     • 7.1.2. to comply with the provisions of the Data Protection Act 1998 or relevant legislation with regard to any Applicant information received by it and in particular to keep such information confidential.
     • 7.1.3. in relation to any Advertisement the Client enters into the Contract as a principal notwithstanding that the Client may be acting directly or indirectly for a third party;
     • 7.1.4. the reproduction and/or publication of the Advertisement by telecomsjobsource.co.uk as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render telecomsjobsource.co.uk liable to any proceedings whatsoever and the Client indemnifies telecomsjobsource.co.uk against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by telecomsjobsource.co.uk as a result of this undertaking and warranty being incorrect;
     • 7.1.5. any information supplied by the Client in connection with the provision of the Services is accurate, complete and true;
     • 7.1.6. in respect of any Advertisement which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Client has obtained the authority of such living person to make use of such name, representation and/or copy;
     • 7.1.7. each Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
     • 7.1.8. where it is an Advertising Agency it is authorised by the End Client to place the Semi-Display Advertisement with telecomsjobsource.co.uk.
     • 7.1.9. no Advertisement contains any data, image or other material which:
       • (a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
       • (b) is defamatory, threatening or racially, ethnically or otherwise objectionable;
       • (c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
       • (d) infringes the rights (including, without limitation, the intellectual property rights) of another person;
       • (e) is designed or likely to cause disruption to any computer system or to any network;
       • (f) is illegal or designed or likely to induce an illegal act;
   • 7.2. the Client acknowledges that:
     • 7.2.1. the Client and telecomsjobsource.co.uk may agree that telecomsjobsource.co.uk can accept instructions in relation to the Services (without having to refer to the Client) from any of the following persons:
       • (a) any person agreed between telecomsjobsource.co.uk and the Client to be a Recruiter; and
       • (b)any person to whom the Client or any Recruiter provides passwords to or is set up to make use of the Services by using facilities offered by telecomsjobsource.co.uk for such purposes;
   • 7.3. The Client agrees that it will procure that it and all Recruiters keep confidential and do not disclose to any person any passwords used by them in relation to the Services;
   • 7.4. The Client agrees that it will be responsible for any misuse of all such passwords;
   • 7.5. The Client authorises telecomsjobsource.co.uk to accept instructions in relation to the Services (without having to refer to the Client) from any Recruiter and any person using such passwords.
   • 7.6. The Client accepts that telecomsjobsource.co.uk shall not be responsible for any breach of this Agreement, any delay in performance of the Services or defect or error in the Services which arises as a result of telecomsjobsource.co.uk accepting instructions from a Recruiter or any person using such passwords;
   • 7.7. The Client shall be responsible for all acts and omissions of each Recruiter and any person using such passwords as if they were acts or omissions of the Client;
   • 7.8. The Client shall:
     • 7.8.1. be responsible for ensuring that the content of any Advertisement and the use of the Services is not discriminatory, obscene, defamatory, or in any other way illegal or in breach of any legislation. The Client also agrees to comply with all relevant industry Codes of Practice.
     • 7.8.2. where it is an Advertising Agency, ensure that the Services provided are solely utilised for its End Clients, with their express permissions;
     • 7.8.3. use all CVs supplied pursuant to the Contract and the Services for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Candidates;
     • 7.8.4. ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Act 1998 to the extent that it applies and complies with its obligations under that Act;
     • 7.8.5. keep confidential the CVs and all other information supplied by telecomsjobsource.co.uk or Candidates to the Client or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Candidates with their express consent in respect of the CVs;
     • 7.8.6. obtain the express consent of a Candidate prior to submitting his or her CV to any person;
     • 7.8.7. not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from telecomsjobsource.co.uk to any person provided that where the Client is a Recruitment Agency it may make CVs available to its genuine End Clients who intend to recruit such Candidates for their own employment;
     • 7.8.8. not discriminate between persons endeavouring to secure employment and shall not engage in any illegal discriminatory practices whether by reason of race, sex or disability;
     • 7.8.9. obtain from the Applicant, as much information about the Applicant's qualifications and experience, as is necessary for determining whether the Applicant is suitable for employment, and shall ascertain that the Applicant has such qualifications as are required by law.
     • 7.8.10. be responsible for selecting only suitable Candidates and taking up references and satisfying itself as to the suitability of any Candidate for any particular position;
     • 7.8.11. ensure that the Applicant is fully aware of any conditions imposed by law, which must be satisfied by the Applicant and that any employment resulting from shall be legal.
     • 7.8.12. obtain at least two character references from suitable persons, not being relatives of the Applicant but being resident or based in the vicinity of the normal place of residence of the Applicant, in respect of any Applicant applying for a job in the United Kingdom where the Applicant is resident outside the United Kingdom, and in any event not offer employment to an Applicant where the rate of repayment of any advance of fare is 1/8th or more of the Applicant's basic weekly pay or the total amount to be repaid is more than three weeks' pay in the job.
     • 7.8.13. ensure that the Applicant, before departing for the employment, receives a written statement in a language they understand giving full details of their employment.
     • 7.8.14. be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by telecomsjobsource.co.uk arising out of the Client's misuse of information on CVs.
     • 7.9. The Client agrees not to employ, or make arrangements to employ, a young person (being a person under the age of 18) who is attending, or has ceased to attend school, unless the Client has made all such enquiries as are reasonably practicable for the purposes of ascertaining that the young person has received vocational advice.
     • 7.10. The Client agrees to keep a written record of all job applications, for a period of not less than one year from the date of employment or, where no employment results, from the date the job application is rejected.
     • 7.11. The Client acknowledges that it is not vested with any proprietary rights in respect of the Site, or any CV or other information submitted by any Applicant.
     • 7.12. The Client shall indemnify telecomsjobsource.co.uk against all claims made by the third parties in respect of the misuse of the data supplied to the Client.

   • Rates

     • 8.1. The rates shall be those rates as agreed between telecomsjobsource.co.uk and the Client in the Online Purchase Agreement.

   • Payment Provisions

     • 9.1. When electing to pay via means of a payment card the Client acknowledges that:
       • 9.1.1. telecomsjobsource.co.uk will ask the Client to enter its credit or debit card details onto a secure payment site as soon as it has confirmed that the company and order details, including any related Advertisement content, are correct.
       • 9.1.2. Completion of the credit or debit card transaction will be acknowledged by telecomsjobsource.co.uk as an offer from the Client to purchase services which, if accepted by telecomsjobsource.co.uk will result in a binding Contract.
       • 9.1.3. If a Client’s order is rejected for any reason before the Services are provided, then a refund will be made by telecomsjobsource.co.uk if card payment has already been taken.
     • 9.2. When electing to pay via invoice the Client acknowledges that:
       • 9.2.1. Acceptance of order is subject to a satisfactory credit check and payment for Services will be made according to the payment terms specified in the Online Purchase Agreement
       • 9.2.2. If the Client fails to make any payment by the due time then all monies owing by the Client to telecomsjobsource.co.uk shall immediately become due and payable and the provisions of clause 9.2.4(b) shall forthwith apply to such monies.
       • 9.2.3. telecomsjobsource.co.uk will provide an invoice to each Client in accordance to the terms in the Online Purchase Agreement. Liability for payment arises from provision of the Services. Further, all items on the invoice are deemed to be payable and any errors or omissions must be communicated to telecomsjobsource.co.uk in time to be rectified before payment becomes due. Payment for the provision of the Services shall be made as aforesaid whether or not the Client shall have provided telecomsjobsource.co.uk with an order number at the time of the Online Purchase Agreement.
       • 9.2.4. The Client agrees to pay to telecomsjobsource.co.uk in respect of each item of Services for which payment is not made by the due time:
         • (a) the sum of £25.00 as an administration charge; and
         • (b) interest on the amount paid late at the rate of 4% per annum above the base rate of Barclays Bank PLC accruing from day to day (including the date on which payment was due) both before and after judgement.
     • 9.3. telecomsjobsource.co.uk reserves the absolute right, without giving any reasons, to decline or cancel an order or to remove any Advertisement or provision of Services for any reason and at any time without prior notice.
     • 9.4. Refunds are given at the discretion of telecomsjobsource.co.uk management.
     • 9.5. All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable.

   • Liability

     • 10.1. telecomsjobsource.co.uk does not verify or guarantee any Applicant's details whether forwarded to the Client via telecomsjobsource.co.uk or otherwise. telecomsjobsource.co.uk accepts no responsibility as to the suitability of Applicants who respond to Advertisements or Services.
     • 10.2. The Client shall satisfy itself as to the suitability of any Applicant and shall take up any reference provided by the Applicant before engaging any such Applicant.
     • 10.3. The Client shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Applicant, and shall satisfy itself of any medical or other requirements or qualifications required by law.
     • 10.4. telecomsjobsource.co.uk does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Client's use of (or inability to use) this Site.
     • 10.5. telecomsjobsource.co.uk makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programmes and/or that the Site shall operate uninterrupted and error-free.
     • 10.6. telecomsjobsource.co.uk does not accept liability, of any description, however arising, for any loss or damage caused to any Client, or any other third party, arising from any virus or other impairing computer program contained in any CV submitted by any Applicant.
     • 10.7. telecomsjobsource.co.uk does not accept liability for:
       • 10.7.1. any loss of copy, artwork, photographs, data or other materials that the Client supplies to telecomsjobsource.co.uk and the Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
       • 10.7.2. any mistakes or errors whatsoever that arise during the course of publication of any Advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Client.
     • 10.8. In no event shall telecomsjobsource.co.uk's liability to the Client under or in relation to the Contract (whether in contract or tort) exceed the amount of the Fees.
     • 10.9. The Client agrees and acknowledges that save as expressly provided in the Contract no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of telecomsjobsource.co.uk in respect of or in connection with the Services or the Contract and accordingly the Client confirms that it has not, in entering into the Contract, relied on any condition, warranty or representation by telecomsjobsource.co.uk or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services or the Contract. The benefit of any such condition, warranty or representation by telecomsjobsource.co.uk is hereby irrevocably and unconditionally waived by the Client.

   • Indemnity

     • 11.1. The Client agrees to indemnify telecomsjobsource.co.uk and to keep telecomsjobsource.co.uk indemnified in respect of, but not limited to, all damages, costs or liabilities that telecomsjobsource.co.uk may incur arising from an Advertisement or use of any Service, and in particular resulting from the following:
       • i. the publication of any defamatory statement;
       • ii. breach of copyright;
       • iii. any claims made by any person in respect of race, religion, age, sex or disability discrimination;
       • iv. any breach by the Client of any warranty given hereunder.

   • Termination and Cancellation

     • 12.1. Subject to the provisions of the Contract, the Services shall be provided for the Term.
     • 12.2. The Contract and these Conditions apply for the Term unless terminated under this Clause 12.
     • 12.3. Either party may, at its sole discretion, terminate the Contract at any time by notice in writing to the other party (the "Defaulting Party") if it is in breach of the Contract and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied.
     • 12.4. telecomsjobsource.co.uk may suspend the Services and/or terminate the Contract by notice in writing to the Client if it believes that any acts or omissions in connection with the Contract of a Client that is a Recruitment Agency constitute or lead to breach of the Employment Agencies Act 1973 or any regulations made thereunder.
     • 12.5. Upon termination of the Contract the provision of the Services shall immediately cease and the full amount of any sums owing to telecomsjobsource.co.uk by the Client in respect of the Services, whether or not provided, shall become payable with immediate effect.
     • 12.6. The Client shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by telecomsjobsource.co.uk arising out of the Client's breach of its obligations under the Contract (including, without limitation, on a solicitor and own Client basis, any legal fees and disbursements reasonably incurred by telecomsjobsource.co.uk).

   • Notices

     • 13.1. A notice required or permitted to be given under these Conditions shall:
       • 13.1.1. be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or
       • 13.1.2. be in the form of an email addressed to telecomsjobsource.co.uk at cardposting@telecomsjobsource.co.uk (or such other address as supplied by telecomsjobsource.co.uk) or if to the Client, to the address provided in the Online Vacancy Purchase Agreement (or such other address as supplied by the Client) and the Client will be deemed to have received such notification within one hour of transmission.
     • 13.2. The Client is responsible for notifying telecomsjobsource.co.uk of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to telecomsjobsource.co.uk by first class post or by facsimile.

   • Miscellaneous

     • 14.1. The Contract constitutes the entire agreement between the Client and telecomsjobsource.co.uk in respect of the Services.
     • 14.2. The Client shall not be entitled to assign the Contract nor any or all of its rights and obligations hereunder.
     • 14.3. If any provision of these Terms is held to be void or unenforceable in whole or in part, these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by telecomsjobsource.co.uk shall be effective except in relation to the matter in respect it was specifically given.
     • 14.4. Nothing in these Terms is intended to confer on any person any right to enforce any provision of these Terms, which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. Insofar as the Client is a consumer (as that term is defined in the Consumer Protection (Distance Selling) Regulations 2000, the Client agrees that the provision of Services under these Terms may, by agreement between the Client and telecomsjobsource.co.uk, take place before the end of any applicable cancellation period, in which case the right to cancel such provision of Services shall not apply.

   • Disclaimer

     • 15.1. Except as otherwise provided by statute, telecomsjobsource.co.uk disclaims all warranties, express or implied by law of statute, in relation to, but not limited to, the Site.

   • Governing Law and Jurisdiction

     • 16.1. These Terms shall be governed by, and construed in accordance with, the laws of England and Wales and each party irrevocably submits to the exclusive jurisdiction of its courts.

   • Contracting Party

     • 17.1. telecomsjobsource.co.uk is a division of Jobsite UK (Worldwide) Limited (company number 03097157) of Langstone Technology Park, Langstone Road, Havant, Hampshire, PO9 1SA, a division of Associated Newspapers Limited (company number 84121).

THIS SCHEDULE REPLACES ALL PREVIOUS SCHEDULES TO THESE TERMS AND CONDITIONS.