Terms & Condition
1. AGREEMENT
These Terms and Conditions apply to Customer use of the websites owned and/or managed by MY BIG CHOICE (UK) Limited (registered number 6871802)
By signing the Customer Activation Form, the Customer accepts these Terms & Conditions under which MY BIG CHOICE (UK) Limited provides the Service.
2. DEFINITIONS
| 'Account User' |
Meaning any person(s) authorised to use the Customer account, referred to as an agency account or employer account. |
| 'Candidate' |
Meaning an individual (who may be referred to on the Websites as a jobseeker) seeking to obtain employment using the Websites. |
| 'Contract Term' |
Meaning the duration of a Customer contract, expressed in weeks, as detailed on the Customer Activation Form. If agreed at the time of sale, such Contract Term shall thereafter automatically renew at each expiry date for the same period as the initial term unless cancelled in accordance with clause 3 of these Terms and Conditions. |
| 'Customer' |
Meaning any person, organisation or company, that orders the Service. |
| 'Customer Registration Form' |
Meaning the form that the Customer signs in order to obtain the Services. |
| 'CV Service' |
Meaning access to a Candidate CV database and use of CV mail-outs and CV searching; also the ability to search & download Candidate CVs in relation to specific job vacancies. |
| 'Job Details' |
Meaning information on any job vacancy, that the Customer is seeking to fill, displayed on the Websites. |
| 'Fee' |
Meaning the amount payable by the Customer to MY BIG CHOICE (UK) Limited for the Services rendered. |
| 'Recruitment Agency' |
Meaning an Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made hereunder) |
| 'Service' |
Meaning the level of access to the Websites and/or CV Service (where applicable) depending on the category of recruitment services purchased as detailed on the website. |
| 'Websites' |
Meaning http://www.mybigchoice.com/ and http://www.mybigchoice.com/ |
3. PROVISION OF SERVICE
3.1 In consideration of payment of the Fee, MY BIG CHOICE (UK) Limited grants the Customer a non-exclusive, non-transferable right to use the Service in accordance with these Terms and Conditions for the Contract Term.
3.2 In agreeing to these Terms & Conditions, the Customer accepts that MY BIG CHOICE (UK) Limited is an advertising medium and cannot guarantee a particular level of response to adverts. Response rates may vary from day to day and certain sectors or positions may attract higher levels of responses than others may.
4. PRICE & PAYMENT
4.1 The Customer shall pay to MY BIG CHOICE (UK) Limited the Fee for services described on the MY BIG CHOICE (UK) Limited website in full and other taxes imposed on charges for Services made under this Agreement.
4.2 All invoices are to be paid by the Customer within 14 days of the date of the invoice, unless otherwise stated.
5. CUSTOMER OBLIGATIONS & RESPONSIBILITIES
5.1 The Customer accepts that, following any contact with Candidates:
5.1.1 It shall be up to the Customer and the Candidate to agree how to progress matters further;
5.1.2 That the Customer shall act in good faith and in a business like and courteous manner; and
5.1.3 That the Customer shall keep strictly confidential all confidential information disclosed by the Candidate and act in accordance with the Data Protection Acts; and
5.1.4 In relation to the CV Service the Customer shall ensure that no automatic extraction software (to include software tools commonly known as robots or spiders) to facilitate the downloading or capturing of volume quantities of CVs or any other Meaning, are engaged or deployed without prior consent in writing from MY BIG CHOICE (UK) Limited.
5.2 To avoid any possible abuse of the Website and the Services it offers, at MY BIG CHOICE (UK) Limited request the Customer shall supply MY BIG CHOICE (UK) Limited with such information that it reasonably requires to confirm:
5.2.1 Any job details that have been supplied for posting on the Website are accurate; and
5.2.2 That Customer is not in breach of this Agreement.; and
5.2.3 Customer's identity, address and contact details and details of business activities
5.3 Any job details which discriminate on grounds of sex, race, age or disability is illegal and may result in proceedings being taken against both the Customer and the Account User. If MY BIG CHOICE (UK) Limited believes that an advert contains details which may be discriminatory, it may, at its sole discretion, either amend the details or delete them from the Service; without any liability to the Customer including, but not limited to, making any refund of the fee paid or due to be paid in respect of the Service or otherwise and will inform the Customer accordingly.
5.4 In order to fully support the Customer with regard to communication it shall be the Customer's responsibility to advise MY BIG CHOICE (UK) Limited of any change in their contact details
5.5 Where the customer is a Recruitment Agency they shall comply in all respects with the Employment Agencies Act 1973 (and all regulations made hereunder) and all statutes, rules, regulations, codes of practice and legal requirements to which the Client is ordinarily subject in respect of its receipt and processing of CV's and related matters.
6. MY BIG CHOICE (UK) LIMITED - OBLIGATIONS & RESPONSIBILITIES
6.1 To provide the Services with reasonable care and skill,
6.2 To maintain Services on a 24 hour by 7-day basis, (subject to failure or delay, due to reasons beyond its control or for periodic essential maintenance activity) to support Customer's online recruitment requirements. In the event of Services being unavailable for any consecutive period of 24 hours (with the exception of de-activated accounts due to late payment), MY BIG CHOICE (UK) Limited shall extend the term of this Agreement by the period of such non-availability, without any further payment from the Customer.
6.3 If (for reasons beyond its control) MY BIG CHOICE (UK) Limited is unable to keep the Website live or updated for a period of 14 working days or more, Customer shall not be entitled to a pro rata rebate of monies paid.
7. TERMINATION
7.1 This Agreement may be terminated by MY BIG CHOICE (UK) Limited if: -
7.1.1 After providing written notice to the Customer of any breach of 5, if such breach(es) are not rectified within 10 working days by Customer providing appropriate information to MY BIG CHOICE (UK) Limited to amend the job details.
7.1.2 If the Customer fails to pay MY BIG CHOICE (UK) Limited on the due date any sums that may be due under this Agreement;
7.1.3 If the Customer makes any material misrepresentation in order to become a registered user of the Website;
7.1.4 If a Customer is using the Website for any improper use or damages the reputation of either the Websites or the Services provided by MY BIG CHOICE (UK) Limited.
7.2 Either party may terminate this Agreement immediately by notice to the other: If any resolution or petition to wind up the other's business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver or administrative receiver of the other's undertaking, property or assets shall be appointed but the Customer acknowledges that except in such circumstances, it has no right to terminate this Agreement before the expiry of the Contract Term.
8. LIABILITY
8.1 MY BIG CHOICE (UK) Limited will not be liable (whether in contract or tort) for:
8.1.1 Any loss of copy, artwork, photographs, data or other materials that the Customer supplies to MY BIG CHOICE (UK) Limited;
8.1.2 For any loss of profit, loss of revenue or contracts or any indirect, special economic or consequential loss (howsoever caused including, without limitation, by the negligence of MY BIG CHOICE (UK) Limited, its employees or agents);
8.1.3 Any failure, delay, costs, expense, loss (including loss of profits), damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) arising from any matter beyond the reasonable control of MY BIG CHOICE (UK) Limited or as a result of the acts or omissions of the Customer;
8.1.4 Any loss or damage whatsoever (including loss of profits) arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, lack of suitability of, or the wrongful disclosure of confidential information by any Candidate. It is for the Customer to satisfy itself as to the availability, suitability, standard of skill, integrity and reliability of all Candidates for any particular job.
8.2 In no event shall MY BIG CHOICE (UK) Limited be liable to the Customer under or in relation to the Service (whether in contract or tort) exceed the amount of the Licence Fee.
8.3 The Customer shall indemnify on demand and hold MY BIG CHOICE (UK) Limited harmless against all liability, damages, costs, losses or expenses which MY BIG CHOICE (UK) Limited incur in connection with any claims by Candidates against MY BIG CHOICE (UK) Limited resulting from any negligence, breach or non-performance by the Customer of any of the Terms and Conditions of this Agreement.
9. ENTIRE AGREEMENT
This Agreement forms the entire understanding of the parties and supersedes all previous Agreements, understanding and representatives relating to its subject matter.
No addition, amendment or modification of these Terms and Conditions shall be effective, unless in writing and signed as accepted by MY BIG CHOICE (UK) Limited.
10. GOVERNING LAW
This Agreement shall be governed and construed in accordance with English law and in the event of any dispute, the parties agree to submit to the exclusive jurisdiction of the English courts.
11. GENERAL
11.1 No neglect, delay or indulgence by MY BIG CHOICE (UK) Limited in enforcing any provision of this Agreement shall be construed as a waiver and no single or partial exercise of any right or remedy shall affect or restrict the further exercise or enforcement of any such right or remedy.
11.2 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
11.3 The Agreement is personal to the Customer and may not be assigned or transferred to any third party without the prior written consent of MY BIG CHOICE (UK) Limited.
11.4 Each of the terms of this Agreement are severable and distinct from the others and, if any provision is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, that provision shall to that extent be deemed not to form part of this Agreement but the validity, legality or enforceability of the remaining parts of this Agreement shall not be affected or impaired, it being our intention that every provision of this letter shall be and remain valid and enforceable to the fullest extent permitted by law.
11.5 MY BIG CHOICE (UK) Limited reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home pages of the Websites. Changes in this manner shall be deemed to have been accepted if you continue to use the Websites after a period of one week from the date of transmission of the e-mail or of posting on the home pages of the Websites, whichever occurs later. |
