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is a division of
Terms and Conditions - For Recruiters on the Site
Last updated: 18th January 2008
All content copyright © 1995-2008 Pharmalicensing Limited
All rights reserved
ATTENTION:
These terms and conditions ("Recruiter Terms") apply in addition to those terms and conditions applying to Users. For the avoidance of doubt, all Recruiters are also deemed to be Users. A copy of the User terms can be found here:- Terms and Conditions for Users
This legal notice applies to any subscriber to recruitment services provided by Pharmalicensing ("PL") (whether Posting Jobs or accessing CV database, as such terms are defined below) ("Recruiter") identified on the order confirmation form ("Form") the entire contents of the web site under the domain name pharmalicensing.com ("Site") and to any correspondence by e-mail between PL and any Recruiter (as defined below). Please read these terms and conditions carefully before using the Site. Use of the Site as a Recruiter indicates that you accept these terms and conditions. If you do not accept these terms and conditions please do not use the Site as a Recruiter.
1. Introduction
By ordering services from PL, as evidenced by a Form, the Recruiter accepts the Recruiter Terms. PL reserves the right to change these Recruiter Terms from time to time at its sole discretion. Any such change will be notified to Recruiters in writing or by e-mail. Any change will be deemed to take effect on the later of fourteen days after the relevant changes have been notified to Recruiters or being posted on the Site. In the case of any violation of these Recruiter Terms, PL reserves the right to seek all remedies available by law and in equity for such violations.
2. Services
2.1 PL provides, inter alia:-
(a) Job Posting services, details of which are more particularly set out on the Site ("Job Posting Services") for payment of a subscription fee; and
(b) Database services, including CV database ("Database services") which enable Recruiters to purchase access to information stored within a database of CVs.
2.2 Job Posting Services
(a) PL shall supply each Recruiter with the ability to post a set number of jobs for a set time period as defined by the form from the date of commencement. PL may change suspend or cancel all or any part of the Job Posting Service at any time, subject to providing the Recruiter with seven days notice of the change, suspension or cancellation.
(b) Subject to paragraph 2.2(a) above, PL will use its reasonable endeavours to maintain the Job Posting Service.
(c ) A job posted remains live for the time period set out on the Form. Any job posted in addition to the agreed number of jobs will be charged at a price per job. A single job is identified by its unique ID number. If a Recruiter deletes a job and then either reposts it or posts another, this will be classed as two jobs.
(d) If services to be used within a time period specified in the Form are not used within that period they may not be carried over into any subsequent period without prior written consent from PL
(e) The Recruiter will deal fairly and professionally with individuals who may respond to a job posted and not do anything which may bring PL into disrepute. They will indemnify PL from and against any claim brought by an individual against PL arising from your breach of this obligation.
(f) PL do not guarantee any response to your job posting or that responses will be suitable for the job advertised. It is the responsibility of the Recruiter to carry out suitable checks and procedures to ensure candidates are suitable for the job advertised and have the required qualifications and work permissions for the role.
2.3 Database services
(a) The individual agrees as follows:
- To use and search the 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 clients are looking to fill.
- To use the information about the individuals contained in the Database for the purpose of contacting them in relation to a specific job vacancy. This can be directly or through PL.
- To use the information only in connection with your own recruitment-related activities
- Not to supply, sell or licence material or a copy of it, to any other person, including another member of your group of companies
- Not to download the database through any automated (e.g. scraping) process.
- Not to 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 vacancies. You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations
- All elements (including, but not limited to, data, graphics, layout, programs and scripts) of the subscription service are the property of Pharmalicensing Limited.
(b) The Recruiter will deal fairly and professionally with individuals they may contact using information from the Database and not do anything which may bring PL into disrepute. They will indemnify PL from and against any claim brought by an individual against PL arising from your breach of this obligation.
3. Recruiter Content
3.1 Each Recruiter is fully responsible for the Information transmitted or posted to the Site by him or on his behalf ("Recruiter Content") and warrants that such Recruiter Content is true and accurate and does not infringe any person's legal or proprietary rights. It is the Recruiter's responsibility to retain copies of their own Recruiter Content. PL accepts no responsibility for the loss of any Recruiter Content that may result from transmission or posting to the Site
3.2 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 PL comply with your obligations under the Act and Conduct of Employment Agencies and Employment Businesses Regulations 2004. You agree to comply with the Act and these regulations as they affect the conduct of your business and the advertisements you place on PL.
3.3 The recruiter agrees as follows
- Not to duplicate jobs at the expense of other clients jobs
- Not to deliberately insert words or strings of words or repeat job titles within the job description or job title to influence the position of results listings or to improve page views
- Only to list advertisements for genuine vacancies on PL. Listings for other services either relating or not relating to recruitment including but not limited to affiliate schemes, pyramid selling schemes, or any other business opportunities are not to be added to PL at any time.
3.4 Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against either the Recruiter or PL. If an advertisement appears to be discriminatory we may at our discretion remove or alter it without any liability to refund the cost of the posting and will inform you accordingly. The Recruiter will indemnify PL from and against any claim brought by an individual against PL arising from their breach of this obligation
4. Payment
Terms relating to Job Posting Services
4.1 Payment, where applicable, for Job Posting Services shall be made for the period defined on the Form in advance unless specifically agreed otherwise in writing between PL and the Recruiter.
4.2 All fees are exclusive of UK value added tax (VAT), sales or other taxes, which will be in addition to the fee at the prevailing rate at the time. Countries outside of the European Union (EU) and those companies within the EU which are able to provide PL with a valid VAT exemption number are not liable to pay VAT.
4.3 PL reserves the right to suspend or close the use of the Job Posting Services to the Recruiter in the event of non-payment by the Recruiter without prior written notice.
4.4 In the event of non-payment the Recruiter will be responsible for all costs incurred by PL including without limitation any legal fees incurred. Invoices not paid within thirty days of the invoice date shall be subject to interest at 5% per annum above the UK base rate for Lloyds TSB Bank PLC prevailing from time to time.
4.5 For Recruiters purchasing online, refunds are at the discretion of Pharmalicensing
Terms relating to Database Services
4.6 Please see 4.1 through to 4.5.
5. Warranty
5.1 PL warrants that it will use all reasonable care and skill in carrying out its obligations under these Recruiter Terms. All other conditions, warranties and obligations implied by statute, common law or otherwise are excluded to the maximum extent permissible by law. The Recruiter assumes full responsibility for all risks arising from use of the Recruiter Content and as such, PL shall have no liability to the Recruiter for loss, damage or expense incurred by the Recruiter, to have resulted from PL's alleged failure to place content on the Site as submitted by the Recruiter or at all.
6. Termination
6.1 PL expressly reserves the right to terminate forthwith and without notice provision of the Service to any Recruiter if PL suspects that any material stored or disseminated by that Recruiter is in contravention of paragraph 10.2 of the terms and conditions applying to all Users Terms and Conditions for Users. PL reserves the right at all times to inspect the material and if it is found to be in contravention thereof to remove the material from the Recruiter's account, to remove all or part of the Recruiter Content from the Site, and/or suspend part or all of the service and/or terminate this Agreement immediately without any further obligation to the Recruiter.
6.2 Without prejudice to its rights under paragraph 6.1 above, PL shall further be entitled to immediately terminate the Agreement and remove all or part of the Recruiter Content forthwith and without notice in the event that:
(a) the Recruiter is in breach of the Agreement including these terms and conditions and if capable of remedy fails to remedy them within thirty days of receipt of notice in writing or by e-mail from PL requiring them to do so, or
(b) the Recruiter becomes insolvent and unable to pay its debts, bankrupt or placed in the hands of a receiver or administrator or wound up (other than for a solvent reconstruction).
6.3 The Recruiter is entitled to remove any or all information but will remain liable to pay PL all sums accrued due on or prior to the date of termination and in particular PL will have no obligation to reimburse all or part of the sums paid in advance by the Recruiter unless PL is in material breach of the Agreement.
7. Force Majeure
Neither party shall be held to be in breach of its obligations hereunder (except in relation to the obligation to make payments) nor liable to the other for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, failure, flood, lightning, fire, strike, lock out, trade dispute act or omission of government regulatory authorities, other total communications operators or other competent authority.
8. No Partnership
Nothing in the Recruiter Terms is intended to or will create any form of partnership or joint venture, agency, franchise, sales representation or employment relationship between PL and the Recruiter.
9. Notices
9.1 Any notice required to be given under this Agreement shall be sent by first class post or fax or electronic mail and shall be deemed to be given two days after posting if sent by post to the other party's address, at the time the fax is sent if sent by fax before 4.00 pm in the afternoon otherwise 9.00 am the next working day and at the time the e-mail is received at either party's e-mail address if sent by electronic mail.
9.2 In relation to PL, its address for these purposes shall be:
Pharmalicensing Ltd
First Floor Marlborough House
Westminster Place
York Business Park
YORK
YO26 6RW
United Kingdom
By hand, by first class mail, by fax to: +44 (0) 1904 520461 or by electronic mail
10. General
10.1 Any failure by any party to exercise or enforce any of its rights under these Recruiter Terms shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such right.
10.2 The Recruiter terms represent the entire understanding between PL and the Recruiter in relation to its subject matter and supersede all other agreements or representations made by either of us whether oral or written.
10.3 If any part of these Recruiter Terms are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
11. Law
These Recruiter Terms shall be governed by and construed in accordance with the Laws of England and the parties hereto submit to the exclusive jurisdiction of the English Courts
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