TERMS AND CONDITIONS FOR JOBSEEKERS

Terms of use
This web site is owned and operated by The Recruiter Network Ltd and is made available to you on the following terms and conditions. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.

Data protection
Our use of CVs and other personal information supplied by users of this site is governed by our privacy policy

Use of the site
The information and services available on the site are provided for the sole purpose of assisting individuals in finding employment and making career decisions and to assist employers or recruiters in sourcing staff. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose.

You may not otherwise copy, display, transmit or distribute any material from the site.

All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to Careers Online Ltd or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.

Our services
Services and information provided on the site by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee their suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on the site in circumstances which may result in loss or damage.

CVs and job advertisements
CVs and job advertisements contained on the site are provided by candidates and by prospective employers and their agents. We accept no responsibility or liability for the contents of CVs or advertisements and expect candidates and prospective employers to carry out such verification procedures as are customary and prudent in the circumstances.

Service availability
We try to ensure continuous availability of the site and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. We may, additionally, alter the design and specification of the site at any time.

Limitation of liability
Our liability, and the liability of our third party suppliers, for any loss or damage suffered by you as the result of your use of this site is limited to your actual direct damages and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss. As required by law, this exclusion does not extend to death or personal injury caused by our negligence.

Credit card payments
Our jobseeking services are free to use. However, some non-core services may be introduced in the future that require payment to access. The payments are made by credit card using Nochex's secure transaction environment. Please visit the Nochex web site for more information.

Refunds
Our system will only charge your credit card when the product or service you have requested has been dispatched. If you have difficulties with the above system, please contact our customer relationship management team. You can reach them at support@railrecruiter.co.uk. All requests for credit will be investigated and refunds will be made where we agree genuine errors or fraudulent transactions have occurred.

Governing law
These terms and conditions shall be interpreted in accordance with English law and all disputes shall be decided by the English courts.

TERMS AND CONDITIONS FOR RECRUITERS

General
In these terms and conditions:

Commencement of Services
We will not commence the provision of Services pursuant to any Order Form until the Order Form has been returned to us, in a form approved by us and signed by the Customer.

Prices
Prices are guaranteed for the period stated on the Order Form. Prices are confidential and may not be disclosed by the Customer.

A job posted on RailRecruiter will remain live for 30 days or such shorter time as we agree with the Customer. Any extension of this time will be charged to the Customer as a new posting. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price per job agreed with the customer at the time of the contract negotiation. If no price has been negotiated, a flat fee of £20 + VAT per job will be charged for each job over the agreed number. A single job is identified by its unique ID number. If a customer deletes a job and then either reposts it or posts another, this will be classed as two jobs.

If any Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without our prior written consent. The Customer will be responsible for payment for any unused Services.

Payment Terms
All prices exclude VAT. All invoices are payable within 7 days. Late payment will entitle us to suspend provision of Services. Interest will be payable on late payments at the rate of 4% above Alliance & Leicester plc's base rate which may vary from time to time.

Credit Card Payments
Payments will appear on your statement as Rail Recruiter. The payments are made by credit card using Nochex's secure transaction environment. Please visit the Nochex web site for more information.

Refunds
Our system will only charge your credit card when the product or service you have requested has been dispatched. If you have difficulties with the above system, please contact our customer relationship management team. You can reach them at support@railrecruiter.co.uk. All requests for credit will be investigated and refunds will be made where we agree genuine errors or fraudulent transactions have occurred.

Delivery
Delivery of job credits purchased by credit or debit card is instantaneous. An advertisers' account is updated with the quantity of credits purchased as soon as an advertisers' credit card has been authorised. As soon as a job is advertised on the site the appropriate job credit is consumed from the available balance and the job will be live on the site immediately.

Termination
The Customer may terminate the provision of Services under any Order Form by no less than 30 days notice to expire at the end of a Contract Month. Termination by the Customer before the end of the Contract Term may, at our discretion, result in loss of discounts agreed for the entire Contract Term.

We may terminate the provision of Services if:

Limitation of liability
Our total liability to the Customer in respect of any Services, except for death or personal injury caused by our negligence, is limited to the total amount paid to us during the Contract Term for such Services or £10,000, whichever is the lesser.

JOB POSTING

Employment agencies and employment businesses
If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act')) it is your responsibility to ensure that advertisements you place on Rail Recruiter comply with your obligations under the Act and the various regulations made under the Act together with applicable guidelines. These regulations are currently contained in the Conduct of Employment Agencies and Employment Businesses Regulations 1976 and 2001. You agree to comply with the Act and these regulations as they affect the conduct of your business and the advertisements you place on Rail Recruiter.

Responses to advertisements
You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring Rail Recruiter and The Recruiter Network Ltd into disrepute. You will indemnify Rail Recruiter and The Recruiter Network Ltd from and against any claim brought by an individual against Rail Recruiter or Recruiter Network Ltd arising from your breach of this obligation or any other of these terms and conditions.

We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.

Site availability
We use our best efforts to ensure that Rail Recruiter is available to users of the world wide web 24 hours a day, 7 days a week. However, at times the site may be partially or completely unavailable due to technical faults or reasons beyond our control such as failures by third party service providers or a risk of virus attack. We will deal with these situations as quickly as reasonably possible, but you agree that we shall have no financial liability to you in the event of such unavailability.

Equipment
It is your responsibility to ensure that you have the appropriate equipment and are connected to the appropriate services to enable you to post jobs to Rail Recruiter.

Content and links
If your advertisement links to another site, you are responsible for maintaining the links and for the content of your advertisement and the linked site. We may remove from Rail Recruiter any advertisement which contains content or links to a site which, in our opinion, is defamatory or objectionable or will bring Rail Recruiter into disrepute. You will indemnify us from and against any claims or liability arising from content or links contained in your advertisements.

Third party sites
Vacancies you post on Rail Recruiter may also appear on third party recruitment web sites pursuant to agreements from time to time between Rail Recruiter and the proprietors of such web sites.

USE OF CANDIDATE DATABASE

*PLEASE NOTE THAT THE RAIL RECRUITER CANDIDATE / CV DATABASE IS NOT AVAILABLE FOR ACCESS. THIS MAY BE RELEASED AT A LATER DATE - AT WHICH POINT THE FOLLOWING TERMS AND CONDITIONS WILL APPLY*

Employment agencies and employment businesses
If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 (‘the Act')) it is your responsibility to ensure that the use you make of information from our candidate database complies with your obligations under the Act and the various regulations made under it, together with any applicable guidelines. These regulations are currently contained in the Conduct of Employment Agencies and Employment Businesses Regulations 1976 and (when they come into force) 2001. You agree to comply with the Act and these regulations as they affect the conduct of your business and the use you make of information on our candidate database.

Rights in the database
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 Recruiter Network Ltd. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.

Use of the database
The material you are entitled to receive from the candidate database is determined by the product you have purchased from us. On receipt of this material you may:

1. Use, search or download it to your database for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill.
2. Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through Recruit2Recruit depending on the product you have purchased) in relation to a specific job vacancy.
3. Use the information only in connection with your own recruitment-related activities.

You may not:

1. Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.
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. You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.

Deletion of database material
You agree to delete all material from the candidate database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first.

Dealings with candidates
You agree to deal fairly and professionally with individuals you may contact using information from the candidate database and not do anything which may bring Rail Recruiter and The Recruiter Network Ltd into disrepute. You will indemnify Rail Recruiter and The Recruiter Network Ltd from and against any claim brought by an individual against Rail Recruiter or The Recruiter Network Ltd arising from your breach of this obligation or any other of these terms and conditions.

Site availability
We use our best efforts to ensure that the candidate database is available for searching on Recruit2Recruit via the world wide web 24 hours a day, 7 days a week. However, at times the site or search facility may be partially or complete unavailable due to technical faults or reasons beyond our control such as failures by third party service providers or risk of virus attack. We will deal with these situations as quickly as possible, but you agree that we shall have no financial liability to you in the event of such unavailability.

Passwords
Passwords are for the sole use of the person to whom they are issued. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is breaching these terms and conditions.

ONLINE ADVERTISING

1. These terms and conditions apply to all advertising material ('Campaigns') accepted by The Recruiter Network Ltd (‘we' or ‘us') for display on any of our web sites. By placing a Campaign you accept these terms and conditions as principal, even if you are acting as agent or buyer for the actual advertiser.
2. We must receive the complete creative content for a Campaign in acceptable format at least two working days before 9 am on the go- live date specified in your order. Otherwise, we may not be able to achieve the specified go-live date but you must pay the full amount set out in the order irrespective of whether any delivery target for impressions have been met.
3. To cancel or alter your order you must inform us, by fax or email at the number or address on the order, at least two working days before 9 am on the go- live date specified in your order. Otherwise you must pay the full amount set out in the order, irrespective of whether any delivery targets for impressions have been met.
4. You are responsible for the content of the Campaign and for ensuring that it complies with all relevant legislation and codes of practice. If we receive complaints about the content or the Campaign we may, at our discretion, remove the Campaign from display without reference or liability to you. You will indemnify us against any claim that the Campaign or its content infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive. If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place on Recruit2Recruit comply with the various regulations made under the Act. These regulations are contained in the Conduct of Employment Agencies and Employment Businesses Regulations as they affect the conduct of your business and the advertisements you place on Rail Recruiter.
5. You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which the Campaign relates and you will indemnify and hold us harmless accordingly.
6. Where a Campaign is sold on a cpm basis, we will provide you with a password to enable you to monitor the number of impressions served in lieu of any other right of audit. You will not use the password, or the system to which it gives you access, for any other purpose.
7. Your sole remedy if we, or our third party subcontractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign is the cost of re-running the relevant Campaign. Neither we nor our subcontractors shall be liable in any circumstances for any loss of profit or business. We shall, additionally, have no liability for failure to display the Campaign caused by circumstances outside our control.
8. These terms and conditions are governed by the Laws of England.

NB: Rail Recruiter is a trading name of The Recruiter Network Ltd