RecruiterFit Terms and Conditions
For the purpose of these terms and conditions the following words and phrases shall mean the following:“Company” means RecruiterFit.“Customer” means any person or company together with any subsidiary or associated company purchasing or using the Company’s Materials and/or Services and agreeing to these Terms.”Materials” means online video content, training materials and training services provided by the Company to the Customer and accepted in accordance with these terms.“Registered User” or “User” means the Customer and any employee subscribing to the products/services offered by the Company.“Fee and Payment Terms” means the subscription fee payable for online video content and payment for training services by the Customer to the Company.“Terms” means these terms and conditions.“Termination Date” means the date these Terms finish.
All Materials, usernames & passwords supplied to the Customer will only be used by its registered users and may not be used, passed on or resold to any third party or to any person who is not a registered user and shall remain the property of the Company.Any infringement will be treated in accordance with Clause 8.The Customer shall not without the express prior written permission of the Company:license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Materials other than as stated under the terms of this agreement;ii) modify or make derivative works based upon the Material;iii) frame or mirror any the Material on any other server or wireless or Internet-based device; oriv) reverse engineer or access the Material in order to build a competitive product or service.The Company gives permission for the Customer to use internally the techniques provided through the Materials agreed in these Terms but not to deliver these techniques for any external use, paid or otherwise.
The fee must be paid in full in advance of the subscription start date or training delivery date.All amounts and fees payable under the Agreement:i) shall be payable in pounds sterling unless otherwise invoiced;ii) are non-cancellable and non-refundable;iii) are exclusive of value added tax, which shall be added to the invoice(s) at the appropriate rate.
- Term and Termination
Cancellation of an online subscription is permitted at any time, unless a fixed commitment has been agreed in writing in a separate agreement. Upon cancellation, the Customer will continue to receive access to the Materials until the end of the current billing period.No partial refunds will be given under any circumstances.The Company reserves the right to temporarily suspend the services provided without notice if the Customer does not use unique logins for each individual User accessing the system or the Company reasonably suspects that the Customer has provided incorrect information relating to the number of Users.After the Termination Date or the final day of the current billing period the Customer will no longer receive Materials licensed through these Terms.The Company may terminate this agreement with immediate effect without liability by serving written notice on the Customer and without prejudice to its other rights if:i) the Customer fails to remedy a material breach of these Terms which is not remedied within 7 days of written or verbal notice specifying the breach and requiring its remedy; orii) the Customer becomes insolvent or has an order made for its winding up or an administration order made against it.Upon Termination of this Agreement, without prejudice to any other rights or remedies the Company may have, all fees due to the Company shall become immediately due and payable.
- Indemnity and Liability
All Materials are supplied only on the basis that the Company incurs no liability to the Customer, his or her employer or to any other party whether in contract or in tort (including negligence) or otherwise in respect of any matter arising out of the use of the Materials or out of the interpretation of the information thereby derived by the Customer, the Company or any other party.The Customer shall indemnify the Company in respect of any costs, claims, losses or liabilities incurred by the Company resulting from the acts or omissions of the Customer in relation to these Terms.The Company will carry out the services with reasonable skill and care but shall not be liable to the Customer for any indirect or consequential loss (including loss of profit or business).The Company’s aggregate liability to the Customer however caused whether for breach of contract, negligence or otherwise (except in relation to death or personal injury) shall not in any event exceed that part of the relevant fee which has been paid by the Customer.The Customer understands that different employment laws apply in different territories and that legislation is constantly changing. The Customer further understands that that Company is unable to offer any guarantees that the examples used in the videos/other training offerings comply with current law and consequently the Customer will check domestic legislation relating to employment and discrimination etc.It is the Customer’s responsibility to check the lawfulness of any of the recruitment practices highlighted in these offerings, including but not limited to, the selection criteria for candidates and the way that job details are taken from the Customer’s clients.
- Service and Website availability
The Service is provided “as is” and on an “as available” basis. The Company gives no warranty that the service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.RecruiterFit is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the system may be subject to limitations, delays and other problems inherent in the use of such communications facilities.Whilst RecruiterFit uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers. RecruiterFit accepts no liability for any disruption or non-availability of the Website.RecruiterFit reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
- Force Majeure
The Customer acknowledges that the provision of online services by the Company is subject to interruption and delay due to causes beyond its reasonable control including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, storms, fire, explosion, power failure, suppliers of Internet and video hosting services, equipment failure, industrial disputes.
The Customer agrees that the Company provides the Materials in good faith for the Customer to use for training and development purposes and that the Company takes no responsibility for the improvement in performance in the Customer’s Registered Users, financial or otherwise.The Customer further agrees that for any infringement of Clause 2 or Clause 4 the Customer will immediately pay the Company £5,000 for each infringement.
- Customer obligations
The Customer will ensure Users are their employees and that each User has a unique login. Login details will be provided by the Company. The Customer acknowledges that each User Licence is personal to the User for the Subscription Period and that personal accounts may not be shared. Furthermore the Customer acknowledges that sharing User Licences will be deemed as a material breach of this Agreement.The Customer shall be responsible for any and all acts or omissions of its Users whether the Users are acting in the course of their employment or otherwise in relation to the Customer’s obligations under the Agreement.The Customer agrees that if it becomes aware of any misuse of the Content or the System or any breach of the Agreement, it shall promptly notify the Company and fully co-operate with the Company to remedy the problem as soon as reasonably practicable.The Company may suspend the Customer’s and/or the Users’ rights under the Agreement until the misuse is remedied.The Customer agrees to inform the Company immediately upon a User leaving the Customer’s business. The Company will replace the departing User with an Additional User provided that the Additional User shall not access the System until the Company has been notified and the Additional User has been registered as a new User under the Agreement.The Customer accepts that by using the System it agrees to these obligations.
- Changes to Terms & Conditions
The Company reserves the right to amend these Terms from time to time and will confirm any changes in writing 30 days before any changes take effect.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are or might be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or conditions shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
- Data Protection
Unless otherwise notified in writing by the Customer, the Company may use personal data about the Customer for the purposes of customer administration, marketing, public relations, research and statistical analysis.
Each party agrees and undertakes that during the term of this Agreement and thereafter it shall keep confidential and shall not use for its own purposes, nor without the prior written consent of the other party disclose to any third party, any information of a confidential nature (including, without limitation, information relating to a party’s products, operations, processes, plans or intentions, product information, know-how, design rights, trade secrets and information of commercial value) which may become known to that party from the other party (Confidential Information), unless the information is public knowledge or already known to that party at the time of disclosure or subsequently becomes public knowledge other than by breach of this Agreement or subsequently comes lawfully into the possession of that party from a third party.To the extent necessary to implement the provisions of this Agreement, each party may disclose Confidential Information to those of its employees as may be reasonably necessary or desirable, provided that before any such disclosure each party shall make those employees aware of its obligations of confidentiality under this Agreement and shall at all times procure compliance by those employees with them.
- No Partnership or Agency
Nothing in this Agreement is intended to or shall be deemed to establish any partnership or joint venture between any of the parties, constitute any party the agent of another party nor authorise any party to make or enter into any commitments for or on behalf of any other party.
Any notice to be served shall be sent by first class post or email. Notice shall be deemed served on the second working day after posting if posted or, if emailed, the next working day provided that valid transmissions slip or delivery receipt is received and a hard copy sent.
- Jurisdiction and Law
These Terms shall be subject to and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.