General

In these terms and conditions:

• "We" or "us" means Asterbridge Technologies Ltd (which owns and operates NurseryJobs.co.uk), Company Number: 07078731, whose registered office is Eagle House, Cranleigh Close, South Croydon, CR2 9LH;

• 'Client' means any person, company, organisation or firm which purchases Services from us;

• 'Order Confirmation' means, in the case of online orders, the confirmation of purchase on the NurseryJobs.co.uk website of one or more of the Services; and in the case of telephone orders, the form signed by the Client confirming details and pricing of the Services ordered by the Client;
• 'Services' means all advertising and/or recruitment products and services made available by us from time to time;
• 'Contract Term' means the full term specified in the Order Confirmation.

Commencement of Services

The commencement of Services will start immediately after the Client has purchased Services online via the NurseryJobs.co.uk website and/or until the Order Confirmation has been returned to us. We will acknowledge receipt by sending a confirmatory email or fax to the Client.

Prices

Prices are guaranteed for the period stated on the NurseryJobs.co.uk website and/or on the Order Confirmation.

A job posted on NurseryJobs.co.uk will remain live for 28 days or such shorter time as we agree with the Client. Any extension of this time will be charged to the Client 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 Client at the time of the contract negotiation. A single job is identified by its unique ID number. If a Client 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 NurseryJobs.co.uk website and/or on the Order Confirmation are not used within that period of time they may not be carried over into any subsequent period without our prior written consent. The Client will be responsible for payment for any unused Services.

We can change the price of any Services at any time.

Payments

You will either make a one off payment or be invoiced at monthly intervals for use of the Services. If your account is suspended any material you have posted on the NurseryJobs.co.uk website will be disabled.

We reserve the right to refuse to extend any credit to the Client and to require prepayment from the Client before providing any Services. We may set off any amount received by us from the Client against any amount which is due and payable under this Agreement.

Online payment services will be carried out by RBS WorldPay.

Termination

Once an Order Confirmation has been received, we cannot accept any cancellation of the agreed Services and no refunds will be given. Subscription Services are for a minimum term of 3 months unless otherwise agreed with us. No refunds will be given for early termination. For Services purchased online, refunds may occasionally be given at our sole and absolute discretion.

Without prejudice to any other remedy, we may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these terms and conditions by the Client or if we have reasonable grounds to believe that the Client cannot or will not pay its debts.

We reserve the right in our sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:

a. those of Clients who have not provided full or accurate contact or company information

b. those of Clients that we consider to be acting inappropriately or illegally

c. those of Clients that use the NurseryJobs.co.uk website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site

d. those of Clients who fail our credit checking process, or who default on payment.

In such an event, we will be entitled to accelerate all amounts due hereunder and to collect all costs and legal expenses incurred. The terms of this agreement which are necessary for its enforcement shall survive any expiration or termination of this agreement. Upon any termination or expiration of this agreement, all licenses and rights granted to either party hereunder by the other party shall immediately terminate as will all access granted by us to the Client in relation to our websites.

Limitation of liability

In the event that the Client makes a claim against us for whatever reason, our liability (if any) shall not exceed the price paid by the Client for the Services. Under no circumstances shall we be liable for any consequential, indirect or special losses, including without limitation, loss of profits, revenue, interest, goodwill, business and/or savings. Nothing in these terms and conditions shall be construed to exclude us liable for death or personal injury by negligence or any other liability which cannot by law be excluded.

If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.

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 NurseryJobs.co.uk 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 NurseryJobs.co.uk.

Site rules

We have rules regarding the content and format of jobs posted on NurseryJobs.co.uk. Their purpose is to ensure that users who search the site or the NurseryJobs.co.uk database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from NurseryJobs.co.uk any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.

The Rules are:

• No duplicating of jobs at the expense of other clients' jobs.
• No gratuitous use of keywords in job descriptions or job titles. Gratuitous means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
• Job advertisements placed on NurseryJobs.co.uk must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.
• URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and url linking is permitted from the 'apply online' link.

Illegal Advertisements

Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. If we believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from NurseryJobs.co.uk without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.

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 NurseryJobs.co.uk into disrepute. You will indemnify us from and against any claim brought by an individual against NurseryJobs.co.uk 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.

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 NurseryJobs.co.uk.

Content and links

If your advertisement links to another site via our external apply online option, you are responsible for maintaining the links and for the content of your advertisement and the linked site. We may remove from NurseryJobs.co.uk any advertisement which contains content or links to a site which, in our opinion, is defamatory, illegal or objectionable or will bring NurseryJobs.co.uk 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 NurseryJobs.co.uk may also appear on third party recruitment web sites pursuant to agreements from time to time between NurseryJobs.co.uk and the proprietors of such web sites.

Use of candidate database

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 2004. 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 and all other applicable copyright and intellectual property rights in the candidate database belong to Asterbridge New Media Limited. 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:

• Use, search or download it to your database using the CV Search back office interface and its associated functions 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.
• Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through NurseryJobs.co.uk depending on the product you have purchased) in relation to a specific job vacancy.
• Use the information only in connection with your own recruitment-related activities.

You may NOT:

• 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.
• Download the database through any automated (e.g. "scraping") process.
• 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.
• Download or leech our CV database, wholly or in part, for any reason other than recruiting for a current vacancy. This is strictly forbidden and will result in immediate cancellation of your account, without refund.

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 NurseryJobs.co.uk into disrepute. You will indemnify NurseryJobs.co.uk from and against any claim brought by an individual against NurseryJobs.co.uk arising from your breach of this obligation or any other of these terms and conditions.

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

• These terms and conditions apply to all advertising material ('Campaigns') accepted by Asterbridge New Media Limited for display on the NurseryJobs.co.uk website. 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.
• 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 Confirmation. 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 Confirmation irrespective of whether any delivery target for impressions have been met.
• 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 NurseryJobs.co.uk comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2004.
• 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.
• 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.

Governing Law

This agreement is governed by the laws of England, and subject to the exclusive jurisdiction of the Courts of England.