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1.0 Interpretation
The supply of the product & services specified is subject to these terms and conditions (“the Conditions”).
The “account activation form” above, you must sign in order to obtain the service. Any references to “you” or “your” is to the company/business named on the account activation form. Any references to “BG” is to broadcastgraduate,com, a division of Christy Media Solutions Limited incorporated in England and Wales with company number 5338642, and “the Site” is to the website access currently registered at http://www.broadcastgraduate.com. “Graduate” refers to the candidates registered on the Site with their own personal profile/resume. “CV database” refers to the search facility for you to access and view Graduate profiles and CV’s. The account activation form, once signed, together with these conditions, is an agreement between BG and you for the supply of the product and services (the “Agreement”). The term of the Agreement (the “Term”) commences on the date you sign the account activation form (the “Start Date”), and will expire 12-months from the Start Date.
2.0 Service
In agreeing to these Conditions you accept that BG is an advertising medium and database search facility which cannot guarantee a particular level of response to a job advert or graduate database search. The Agreement is non-cancellable and will be effective for the Term. The information provided by you on registration at the Site is very important and must be true and correct. On successful registration and acceptance of the account activation form, your login details will be approved by BG, and you shall be entitled to use the Site subject to this Agreement and the Conditions herewith. BG will respect your information and agree to comply with all UK data protection legislation currently in force. In order to maintain the integrity of the Site, BG reserve the right to forward contact details to any regulatory authority.
3.0 Payment Terms
You agree to pay BG the total figure detailed on the account activation form. All invoices are to be paid in full by you within 30-days of the Start Date and are subject to VAT at the prevailing rate. BG may charge interest on any outstanding payment after the agreed 30-days at a rate of 2% above bank base. Any Add-ons requested by you during the Term shall be invoiced as of the commencement of such additional service, and invoices are to be paid in full by you within 30-days.
4.0 BG Obligations
BG will provide, administer and maintain the Site with reasonable care and skill to keep fully operational and error free. BG shall have no liability for any failures of you accessing the Site caused by any software utilised by you. If BG is unable to keep the Site live or updated for a period of 10 working days (Mon-Fri) or more, you will be entitled to a pro-rata rebate. BG will not disclose your registration details to any third party without your permission. BG will deliver all non-Site and product Add-ons with reasonable care and diligence working closely with you.
5.0 Your Obligations
You agree that you will only use the Site in a manner that is consistent with these Conditions in such a way to ensure compliance with all applicable laws and regulations. It shall be up to you and the Graduate to agree how to progress matters further. You will act in a courteous business like manner with all Graduate correspondence and you will keep all information strictly confidential disclosed by them in accordance with the Data Protection Act. You agree to abide by BG rules for job listings which will be detailed in the PDF Broadcastgraduate Guide. The Site access is for use only by you with unique logins and passwords in accordance with these Conditions. You agree to notify BG immediately of any changes to your set-up or name which are relevant to your BG Site profile and email info@broadcastgraduate.com. You shall not resell the service purchased from BG to any third party, and BG shall be entitled to remove any unauthorised listings. You may not contact any Graduate on the CV database or make or allow any use of the information about them, other than for the purpose of finding a suitable Graduate for specific current job vacancies. You shall ensure no automatic extraction software (to include software tools commonly known as robots or spiders) or any other means are engaged or deployed to facilitate the downloading or capturing of CV’s from the BG Graduate database.
6.0 CV Database
The Site’s CV Database search facility is private and only for use by you. BG reserve the right periodically to change login passwords. You agree that you will use the CV Database to search for Graduates for specific live jobs and will not offer them any other services. If BG receive complaints from Graduates or otherwise become aware that any Graduate has been offered any other services, apart from job/work experience related then BG reserve the right to terminate this Agreement without BG incurring any liability to you whatsoever and you acknowledge that you will have no claim against BG in connection with any loss suffered in such circumstances. BG makes no warranties about the accuracy, reliability, quality, completeness, or timeliness of the material, services, software, text, graphics or external URL links from the CV Database.
7.0 Job Adverts
You agree that any job adverts that you display on the Site will relate to specific live job positions and that no adverts on the Site will be generic or stock descriptions, and BG is entitled to remove any such advert with immediate effect. Also you will not include any URL link which will connect to a website which contains material which is offensive or obscene, or which may, in BG’s judgement, cause annoyance or inconvenience or anxiety to a person including, without limitation, any threatening, sexist, racist, harassing, discriminatory, defamatory opinions or messages. If you include such a URL link then BG shall be able to remove this advert immediately. BG will also remove adverts if you display on the Site a business opportunity, not specific to a live job position. All job adverts have a 1-month duration on the Site except as otherwise stated on the account activation form and must be posted during the Term after which all job adverts purchased expire. Any job adverts posted by you on the Site in excess of the number provided for in the Agreement will be invoiced by BG to you at the prevailing rate and will be payable in accordance with Clause 3.0. Any re-activation of a deleted or expired, renewable, or edited (where a position has been changed by reference code, job location or job title/role) advert will constitute the use of an additional job advert. BG will monitor the content of the job adverts on the Site but will not edit the contents of your adverts unless required to so by law (in particular related to discrimination or offensive content).
8.0 Termination
Your right to continue to use the Site and this Agreement will terminate immediately on written notice from BG should you fail to comply with these Conditions, or become bankrupt or insolvent, or BG terminates any other Agreement BG has with you following your breach of that agreement, or for you making any personal or material misrepresentation in order to access the Site or CV Database, or you are using the Site for improper use with the intention to damage the reputation of the Site or services provided by BG. In such circumstances, BG will be entitled to accelerate all outstanding sums owed and collect all costs and legal expenses occurred. BG may suspend the services provided to you and all passwords if BG has reasonable cause to suspect that you are in breach of these Conditions. The Conditions of this Agreement that are enforceable shall survive any termination or expiration of this Agreement.
9.0 Confidentiality
You agree to maintain the confidentiality of the product package details and price, and any other information related to this Agreement in strict confidence and not to disclose such information to a third party. You agree that the disclosure of such confidential information by you would entitle injunctive relief by BG.
10.0 Overseas Customers
As we are a United Kingdom (“UK”) company, all charges shown are in Pounds Sterling. The Site and Conditions have been designed for use predominately within the UK. Whilst we will work with companies/businesses from outside the UK, we give no warranty, express or implied, that the Site or any Agreement made by BG to you outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or services under your local law are not offered to you. Furthermore BG can reserve the right to refuse any registration from overseas customers and BG will have no obligation to provide you with any reasons.
11.0 Liability
No clause in these Conditions shall limit either BG or you for death or personal injury caused by either’s negligence. In no event shall BG be liable to you or any third party for any loss of profits, business revenue, cost of replacement services or indirect, consequential, incidental or damages of any kind howsoever caused, and your exclusive remedy for any damages, loss or claim in any way related to any services provided or anticipated to be provided under these Conditions shall be limited to the aggregate value of the services purchased from BG. You acknowledge that the limitations and exclusions of the obligations of BG as set out herein are reasonable and reflected in the calculation of the package prices on offer to you pursuant to these terms and you shall accept such risk.
12.0 Governing Law
This Agreement shall be governed and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
13.0 General
These Conditions constitute the entire understanding of the parties hereto and supersede all prior agreements, negotiations, and arrangements between the parties relating hereto. BG and you acknowledge that in entering into this Agreement it does not do so on the basis of, and does not rely on any representation, unless made fraudulently, warranty or other provision not expressly contained in these Conditions. The Agreement is personal to you and may not be transferred or assigned to any third party, or no variation to this Agreement shall be valid or binding, without prior written approval by BG to all. Nothing in these Conditions shall take effect as to give you any rights in relation to copyright, trade marks, or other intellectual property rights in the Site other than the limited rights of use of such service as set out in these Conditions. No variation of these terms shall be valid or binding unless confirmed in writing and signed by an authorised signatory of BG. A person who is not party to this Agreement shall have no right under the Contracts (Right of Third Parties) Act 1999 to enforce any of its Conditions
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