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Client Terms and Conditions: Version 4 - 8th November 2005

These Conditions are deemed accepted by the Client when the Services of ScotRecruit have been accessed by the Client or ordered and upon signature of the Service Agreement by the Client.

1. Definitions

• 1.1 In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:
• Advertisement
  any recruitment Advertisement including Lineage Advertisements, Semi-Display Advertisements, Display Advertisements, Corporate Brochures, Logo Buttons, Skillword Sponsorship Banners, Header Banners, Job-by-Email Sponsorships and/or any page(s) of Client advertising together with any other form of Advertisement as shall appear on the Site from time to time);
• Advertising Agency
  a Client who in relation to the Services is receiving them on behalf of an End Client or is directly or indirectly providing the Services on to an End Client;
• Applicant
  a Candidate who applies for a vacancy advertised on the Site;
• Application Manager
  the facility provided by ScotRecruit to enable the Client to manage applications by enabling the Client to view CVs, covering letters, completed Filtering Forms, Key Questions scores and reports, grade and record notes about the Applicants, and communicate with Applicants via a messaging centre;
• Application Manager Services
  the provision of the Application Manager;
• Candidate
  a person who uses the Site for the purpose of finding employment;
• Client
  any person using and purchasing the Services, where a person includes but is not limited to, Direct Employers, Recruitment Agencies, Recruitment Process Outsourcing Agencies and Advertising Agencies. In the circumstance of any Recruitment, Recruitment Process Outsourcing or Advertising Agency acting on behalf of one of their own End Clients, ScotRecruit will charge the Agency and not the Agency's End Client;
• Conditions
  these Standard Terms and Conditions;
• Conkers Multi-Posting Services
  distribution software from Conkers.net, enabling vacancy posting to one or more online noticeboards selected by the Client or Recruiter;
• Contract
  the contract for the supply of any Services by ScotRecruit to the Client comprising these Conditions and a Service Agreement;
• Corporate Brochure
  a web page which contains text, graphics, data, files and links which are used to promote a corporate message;
• CV
  the curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is provided to ScotRecruit by a Candidate for distribution to Clients with a view to securing employment;
• CV Online
  a CV Service which enables the Client to search for and view CVs online using various search criteria;
• CV Services
  CV Online and CV Watchdog;
• CV Watchdog
  a CV Service which enables the Client to receive the latest CVs via email;
• Direct Employer
  a Client who in relation to the Services is receiving them for the purpose of their own recruitment needs and not on behalf of any other 3rd party End Client;
• Display Advertisement
  a web page which usually contains up to a maximum of 2500 characters of text, graphics, data and files which are used to advertise a single vacancy, available to Candidates via online search and once per week via the Jobs-by-Email Service;
• End Client
  the person to whom the Client's Services are provided;
• Featured Recruiter Listing
  pages on the Site featuring a complete list of Clients' Logo Buttons for Clients with a Corporate Brochure on the Site;
• Fees
  the fees and charges payable by the Client as specified in the Contract;
• Filtering Form
  a web page that is available and uses a template containing questions supplied by the Client, which is attached to a Lineage Advertisement, Semi-Display Advertisement or Display Advertisement, and which an Applicant is invited to complete by the Client;
• Jobs-by-Email
  a Service which matches and sends vacancies via email to Candidates who have subscribed to this Service;
• Jobs-by-Email Sponsorship
  the sponsorship of a message of up to a maximum of 50 words on a specific selection of the emails that form Jobs-by-Email;
• Jobsite
  Jobsite UK (Worldwide) Limited (company number 03097157), a subsidiary of Associated Newspapers Limited (company number 84121);
• Key Questions
  questions included on a Filtering Form, for which the Client has specified the correct answers, generating a Key Questions score when those correct answers are selected by the Applicant during the completion of the Filtering Form;
• Licence
  a permit granted to the Client to utilise one or more CV Services;
• Lineage Advertisement
  a vacancy Advertisement containing text only and which is available via online search and once per week via the Jobs-by-Email Service;
• Live Vacancy Listing
  a page of the Site which lists all the currently live vacancy Advertisements of any particular Client;
• Logo Button
  a button with the Client's name and/or logo on it;
• Month
  each calendar month during the Term and for these purposes, the first month begins from the Start Date and ends on the day preceding the day numerically equivalent to the Start Date in the following calendar month. If there is no such date in the following calendar month, then the first month ends on the last day of the first month ("Month End Date"). All subsequent months will all have the same Month End Date, or the last day of that subsequent month if earlier. By way of example: Example 1, a Contract starts on 24th February. The first month ends on 23rd March. All subsequent months start on the 24th of the month and end on the 23rd of the next month. Example 2, a Contract starts on 1st July. The first month ends on 31st July. All subsequent months start on the 1st of the month and end on the last day of the month (either the 28th for February or 29th in leap years, 30th for April, June, September and November, or 31st for January, March, May, July, August, October and December). Example 3, a Contract starts on 30th November. The first month ends on 29th December. All subsequent months start on the 30th of the month and end on the 29th of the next month. In February, the month will end on the 28th, if it is not a leap year, and the following month will start on the 1st March and end on the 29th March. Example 4, a Contract commences on 1st February. The first month ends on 28th February, or 29th in a leap year. The next month starts on the 1st March, and all subsequent months start on the 29th of the month or the 30th, if the first month fell in a leap year, and end on the 28th of the next month, or the 29th where the first month fell in a leap year. .
• MyScotRecruit
  a personalised page of the Site where a Candidate may access their own personal details, their CV, all applications made in the last 30 days and a range of other services;
• Recruiter
  any person working on behalf of the Advertising Agency, Direct Employer or Recruitment Agency Client and who is authorised by the Client to use the Services;
• Recruitment Agency
  an Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made thereunder);
• Recruitment Process Outsourcing Agency
  a Recruitment Agency who also carry out the selection and placement process on behalf of the End Client;
• ScotRecruit
  a division within Jobsite UK (Worldwide) Limited (company number 03097157);
• Semi-Display Advertisement
  a vacancy Advertisement that uses a Semi-Display Template and inserted text. The combination is used to advertise a single vacancy and is available to Candidates via online search and once per week via the Jobs-by-Email Service;
• Semi-Display Template
  a standard template made up of text, graphics, data and files whose colours, text font and graphic are manipulated prior to the first time that it is posted to the Site within certain parameters set by ScotRecruit to the reasonable request of the Client;
• Services
  the Services which ScotRecruit has agreed to provide to the Client and includes Advertisements, CV Online, CV Watchdog, Filtering Forms, Application Manager and Conkers Multi-posting Services and any other Services which may be provided to the Client;
• Service Agreement
  the Service Agreement entered into between the Client and ScotRecruit;
• Site
  the Site at www.ScotRecruit.com or any other website on which any Advertisement appears or via which any Service is offered, including Jobsite, CityJobs, Careers and Logistics, LondonJobs, SecRecruit and Conkers and any other websites owned or controlled by Jobsite or Associated Newspapers Limited;
• Skillword Sponsorship Banner
  a service whereby a search for specific words and/or locations on the Site as the first sponsored phrase and/or location will generate a display of the Client's banner Advertisement;
• Start Date
  the start date for the provision of the Services as referred to and identified in the Service Agreement for those Services;
• Term
  the term of the Contract as specified in the Service Agreement;
• Vacancy Posting Software
  any piece of recruitment related software used to submit vacancy Advertisements to the Site using an email template sent to an email address notified by ScotRecruit to the Client;
• Visitor
  a person who visits a specific page of the Site within a specific time period.

2. Services Generally

• 2.1 The Client agrees to provide ScotRecruit, in such a format as ScotRecruit may request, any information, design work, artwork and logos necessary to enable ScotRecruit to provide those Services.
• 2.2 ScotRecruit shall not be obliged to provide those Services until the Client has supplied it with the information, design work, artwork and logos necessary to provide those Services. Such information shall be supplied within 5 days of the date of the signed Service Agreement, or such later date as agreed by ScotRecruit. If the Client fails to supply ScotRecruit with the information then clause 14.3 shall apply.
• 2.3 Advertisements will become live on the Site only when the Client has approved the design work, set-up, artwork and logos. If a Client has been authorised to approve any design work, artwork or logos on behalf of the End Client, then the Client must provide proof of this in writing to ScotRecruit on request.
• 2.4 ScotRecruit shall make such modifications to any Advertisement as are reasonably requested by the Client provided that ScotRecruit reserves the right to charge at the rate of 50 Pounds Sterling per hour for the time involved in connection with such modifications.
• 2.5 In the event that the Client wishes to cancel the provision of any Services before those Services have been used then it must give thirty days written notice to ScotRecruit. ScotRecruit will continue to invoice the Client for complete Months, up to and including the Month in which the thirty days notice period falls. In addition, an administration charge of £50.00 per Service cancelled will be invoiced. Where a Client has already been invoiced in full, a pro-rated credit will be applied to the invoice for the unused period following the thirty days notice period, less the administration charges.
• 2.6 The Client may remove an Advertisement from the Site before the Advertisement has reached its expiry date, but shall not be entitled to a refund for the time not used. The Client may extend the term of an Advertisement provided they have purchased a sufficient quota of the relevant Service.
• 2.7 If any quota of Services which are to be used with any period of time specified in the Service Agreement are not used within that period of time, then in each case the Client shall still be responsible for the full payment of the invoiced amount as if the Services had been properly and fully provided (and for the avoidance of doubt ScotRecruit shall not be liable for providing any unused Services and such Services may not be carried over to any subsequent period.)
• 2.8 ScotRecruit reserves the absolute right, without giving any reasons, to decline, cancel or remove any Advertisement or provision of Services for any reason and at any time without prior notice.
• 2.9 An Advertisement or Service which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex or race will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act. A statement must be made at the time the Advertisement is placed or Service used saying which of the exemptions in the Act(s) is considered to apply.
• 2.10 ScotRecruit will use its reasonable endeavours to publish the Advertisement or provide the Services on the agreed date. ScotRecruit does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Services and has the right at its sole discretion to decline to publish or omit, suspend or change the position of any Advertisement accepted by it.
• 2.11 Links to a Client's or End Client's website will not be permitted to appear in any Advertisement placed, with the exception of Corporate Brochures, or Service used by the Client without ScotRecruit' prior consent.
• 2.12 ScotRecruit may at its discretion and without prior notice, report any Advertisement or Service used which in its reasonable opinion is being used for an improper or illegal purpose by a Client to the relevant authorities including, without limitation, the Department of Employment, the Office of the Information Commissioner and the Recruitment and Employment Confederation. ScotRecruit may also disclose information about any Client to any third party, as ScotRecruit shall deem necessary to protect its interests or the interests of Clients, Recruiters, Candidates, Applicants and/or other users of the Site.
• 2.13. ScotRecruit shall be entitled at anytime without notifying the Client to make changes to the Services, which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.
• 2.14. ScotRecruit will only make available or supply copies of the CVs that have been received by it for distribution to Clients of ScotRecruit solely for the purpose of securing suitable employment for the Candidates.

3. Lineage Advertisements and Semi-Display Advertisements

If the Services include Lineage Advertisements or Semi-Display Advertisements, the provisions of this clause 3 shall apply thereto.

• 3.1. Lineage Advertisements are only available to Clients who are Recruitment Agencies and accordingly, if the Client has requested that ScotRecruit provides Lineage Advertisement Services:
  • 3.1.1 the Client confirms that it is a Recruitment Agency;
  • 3.1.2 if requested by ScotRecruit the Client will promptly provide to ScotRecruit such evidence as ScotRecruit requests to prove that the Client is a Recruitment Agency;;
  • 3.1.3 ScotRecruit shall not be obliged to provide the Services (or shall be entitled to suspend them) until the Client has provided such evidence.
• 3.2. All Lineage Advertisements and Semi-Display Advertisements are to be entered online by the Client, sent in the ScotRecruit email template to a ScotRecruit email address or sent in a specific ScotRecruit file format to a ScotRecruit file directory notified by ScotRecruit to the Client.
• 3.3. Lineage Advertisements and Semi-Display Advertisements will be sent out to all relevant Candidates on a weekly basis via the Jobs-by-Email Service for each week that they are live on the Site and to any new relevant Candidates registered within that week.
• 3.4. ScotRecruit will convert each vacancy described in a Semi-Display Advertisement to a Lineage Advertisement for the purposes of distributing through the Jobs-By-Email Service.
• 3.5. Lineage Advertisements and Semi-Display Advertisements will remain live on the Site and available for searching via the internet for the number of weeks requested by the Client, but in all circumstances up to a maximum of 52 weeks, where a single week equals one Lineage Advertisement or Semi-Display Advertisement.
• 3.6. Any Lineage Advertisement or Semi-Display Advertisement placed on the Site may be expired and removed by the Client. The Client will be charged for the full number of weeks for which the Lineage Advertisement or Semi-Display Advertisement was originally placed.
• 3.7. ScotRecruit will use reasonable endeavours to procure that Lineage Advertisements and Semi-Display Advertisements will become live on the Site within 1 hour of submission to the Site.
• 3.8. Lineage Advertisements and Semi-Display Advertisements can only be modified by the Client, within the first 4 hours of submission to the Site and thereafter cannot be modified in anyway whatsoever by the Client.
• 3.9. Lineage Advertisements and Semi-Display Advertisements may link only to a Client's Corporate Brochure or Live Vacancy Listing or contact details but may not contain a link, or references, to the Client's website.
• 3.10. Lineage Advertisements and Semi-Display Advertisements may only contain:
  • 3.10.1 one email address, which must be in the specific place designated by ScotRecruit and must not be part of the text describing the vacancy;
  • 3.10.2 information describing the Recruitment Agency and/or the services offered by the Recruitment Agency in the specific place designated by ScotRecruit and must not be part of the text describing the vacancy.
• 3.11. A Lineage Advertisement or Semi-Display Advertisement shall contain the details of, accurately describe and pertain to no more than a single vacancy.
• 3.12. Semi-Display Advertisements will be ranked higher in the results of a Candidate's search on the Site than identical Lineage Advertisements.
• 3.13. ScotRecruit may edit, remove or refuse to publish any Lineage Advertisement or Semi-Display Advertisement:
  • 3.13.1 containing unnecessarily repeated words or phrases which cause a false positioning in the search results seen by a Candidate;
  • 3.13.2 advertising products, services, businesses or websites, including, but not limited to, franchises, pyramid selling, network marketing, multi-level marketing and 'get rich quick' schemes.
• 3.14. If requested by the Client, ScotRecruit shall send an email to the Client to remind it that a particular Lineage Advertisement or Semi-display Advertisement is about to expire on the Site. The Client accepts that if it replies to such a requested email in any way the relevant Lineage Advertisement or Semi-Display Advertisement will be renewed by an automated system linked to the reply email address and such renewal shall be on the same terms as set out in the original Service Agreement relating to that Lineage Advertisement or Semi-Display Advertisement (as amended by the terms of that email). It is the Client's responsibility to ensure that they do not respond to that email in any way (whether manually or by means of an automatic system) if it does not want to renew the relevant Lineage Advertisement or Semi-Display Advertisement.
• 3.15. Where the Client chooses to use Vacancy Posting Software to submit a Lineage Advertisement or Semi-Display Advertisement to the Site, the Client accepts that any malfunction of, or change to, the Vacancy Posting Software or its incompatibility with ScotRecruit' systems causing incorrect, missing or multiple submissions to the Site is entirely the responsibility of the Client and the Client agrees that any quota of Services used and Fees incurred will be payable in full.

4. Display Advertisements, Corporate Brochures and Logo Buttons

If the Services include Corporate Brochures or Display Advertisements, the provisions of this clause 4 shall apply thereto.

• 4.1. Corporate Brochures and Display Advertisements shall be provided in the form supplied by the Client to ScotRecruit provided that they comply with the provisions of this Contract. Subject to clause 2.4, ScotRecruit shall make such modifications to any Corporate Brochures or Display Advertisements as are reasonably requested by the Client.
• 4.2. In relation to Display Advertisements:
  • 4.2.1 Display Advertisements will remain live on the Site in multiples of 5 weekly periods, as requested by the Client.
  • 4.2.2 A Display Advertisement shall contain the details of, accurately describe and pertain to no more than a single vacancy;
  • 4.2.3 ScotRecruit will convert each vacancy described in a single Display Advertisement to a Lineage Advertisement for the purposes of distributing through the Jobs-By-Email Service.
  • 4.2.4 Display Advertisements may link only to a Client's Corporate Brochure or Live Vacancy Listing or vacancy Advertisement or contact details but may not contain a link, or references, to the Client's website.
  • 4.2.5 Display Advertisements will be sent out to all relevant Candidates on a weekly basis via the Jobs-by-Email Service and to any new relevant Candidates registered for each week it is live on the Site.
  • 4.2.6 Display Advertisements will be ranked higher in the results of a Candidate's search on the Site than identical Lineage Advertisements or Semi-Display Advertisements.
  • 4.2.7 A Logo Button located on the MyScotRecruit pages for relevant Candidates will link to each Display Advertisement.
• 4.3. In relation to Corporate Brochures:
  • 4.3.1 Corporate Brochures will remain live on the Site in multiples of calendar Months, as requested by the Client..
  • 4.3.2 Corporate Brochures may contain one link to the Client's website and a link to the Client's Live Vacancy Listing.
  • 4.3.3 Corporate Brochures may contain up to a maximum of 2500 characters of text, per page.
  • 4.3.4 A Logo Button will be located on the home page of the Site periodically, the Featured Recruiter Listing and the MyScotRecruit pages for relevant Candidates and these Logo Buttons will link to each Client's primary Corporate Brochure.
• 4.4. In relation to Logo Buttons:
  • 4.4.1 Logo Buttons will not exceed three thousand bytes in graphic size and will be static.
  • 4.4.2 Logo Buttons will be displayed on a rotational basis and no guarantee is made by ScotRecruit of the number of times on which they will be displayed and the Client accepts that no obligations are imposed on ScotRecruit in this regard whatsoever.

5. Skillword Sponsorship Banners

If the Services include Skillword Sponsorship Banners, the provisions of this clause 5 shall apply thereto.

• 5.1 Skillword Sponsorship Banners may link to either a Corporate Brochure or a Live Vacancy Listing or a vacancy Advertisement.
• 5.2 Skillword Sponsorship Banners must not exceed twelve thousand bytes in size and their dimensions must measure 468 x 60 pixels.
• 5.3 Skillword Sponsorship Banners designed by ScotRecruit will be static banners. Animated banners may be used if they are supplied complete to ScotRecruit by the Client at the Client's own expense and conform with the parameters set out by ScotRecruit. ScotRecruit will not accept any banners produced in Flash graphics.
• 5.4 Skillword Sponsorship Banners are live on the Site in multiples of weekly periods, as requested by the Client, up to a maximum of two consecutive weeks.

6. Homepage Banners

If the Services include Homepage Banners, the provisions of this clause 6 shall apply thereto.

• 6.1. Homepage Banners may link to either a Corporate Brochure or a Live Vacancy Listing or a vacancy Advertisement.
• 6.2. Homepage Banners must not exceed twelve thousand bytes in size and their dimensions must measure 380 x 60 pixels.
• 6.3. Homepage Banners will be static banners. ScotRecruit will not accept any banners produced in Flash graphics.
• 6.4. Homepage Banners are live on the Site in multiples of weekly periods, as requested by the Client, up to a maximum of two consecutive weeks.
• 6.5. Homepage Banners are displayed on the home page and other pages of the Site periodically.
• 6.6. ScotRecruit may require Homepage Banners to be amended, such that the banner contrasts suitably with the Site.

7. Channel Sponsorships

If the Services include Channel Sponsorships, the provisions of this clause 7 shall apply thereto.

• 7.1. Jobs-by-Email Sponsorship is for one day on any day of the week from Monday to Friday (excluding bank holidays in England and Wales) as agreed between ScotRecruit and the Client.
• 7.2. The sponsored message may contain a link only to a Client's Corporate Brochure or Live Vacancy Listing or any individual vacancy Advertisement.
• 7.3. The Client accepts that ScotRecruit cannot guarantee the number of recipients of the Jobs-by-Email Sponsorship and that no obligations are imposed on ScotRecruit in this regard.

8. CV Services

If the Services include CV Services, the provisions of this clause 8 shall apply thereto.

• 8.1. The Services are subject to any instructions from a Candidate that his or her details should or should not be made available to the Client. In the event that ScotRecruit has reason to believe or suspect that its CV Services are being abused by the Client, including but without limitation to the breach of this Clause 8, ScotRecruit reserves the right to immediately suspend or terminate the Contract.
• 8.2. The CV Watchdog service will (under normal circumstances) be delivered to the Client by email on a once per day basis or other period as selected by the Client and such email will include all CVs identified by the search strings selected by the Client pursuant to clause 8.3.
• 8.3. The CV Watchdog service will allow the Client to select, at any one time, up to the number of search strings specified in the Licence, with each search string allocated to an email address, to which the CVs will be sent to.
• 8.4. The CV Online service will (under normal circumstances) be available to the Client at all times and will allow up to the number of Client's Recruiters specified in the Licence, access to all CVs on the Site. Where multiple CV Online service lines are specified on the Service Agreement, the Licence with the higher number of users applies and supercedes the lower number of users.
• 8.5. ScotRecruit cannot guarantee the minimum number of new CVs available on any CV Service on any given day.
• 8.6. ScotRecruit will (under normal circumstances) ensure that CVs are made available to the Client via CV Watchdog within one working day of receipt of the CV from a Candidate, or searchable online within one hour of receipt of the CV from a Candidate via CV Online.
• 8.7. Each CV Online and CV Watchdog is available in multiples of Months, as requested by the Client.
• 8.8. In relation to the CV Services the Client shall ensure that no automatic extraction software (to include software tools commonly known as robots and spiders) or any other means, are engaged or deployed, either on a temporary or a permanent basis, or unless specifically requested by the Client and approved in writing by a director of ScotRecruit, to facilitate the downloading or capturing of volume quantities of CVs from the ScotRecruit database irrespective as to which CV Service has been purchased from ScotRecruit.

9. Filtering Forms

If the Services include the completion of Filtering Forms by or on behalf of the Client then the provisions of this clause 9 shall apply thereto:

• 9.1 The Client shall ensure that the Filtering Forms completed by it or on its behalf:
  • 9.1.1 are not discriminatory offensive, illegal, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
  • 9.1.2 are not defamatory, threatening or racially, ethnically or otherwise objectionable;
  • 9.1.3 are not designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
  • 9.1.4 do not infringe the rights (including, without limitation, the intellectual property rights) of another person.
• 9.2. Filtering Forms are available for use on the Site in multiples of Months, as requested by the Client.

10. Conkers Multi-Posting Services

If the Services include Conkers Multi-Posting Services then the provisions of this clause 10 shall apply thereto:

10.1. The Client shall ensure that they complete the registration details on the registration page on the Conkers.net website, which can be located at www.conkers.net/registration.asp;
• 10.2. The Client shall be responsible for:
• 10.2.1 arranging and maintaining the necessary access to each of the noticeboards that they wish to post vacancies to through the Service;
• 10.2.2 payment directly to the noticeboards on which advertising services have been used;
• 10.3. The Client accepts that neither ScotRecruit nor Conkers.net are responsible for:
• 10.3.1 the establishment or maintenance of any account held with a third-party noticeboard supplier;
• 10.3.2 any errors, omissions, duplicate entries or faults caused by third-party noticeboard suppliers.

11. Obligations of ScotRecruit

• 11.1. ScotRecruit will use its reasonable endeavours to enable Applicants the facility of viewing the Clients' Advertisements on the Site and to provide the Services to the Client. However, the Client accepts that ScotRecruit cannot guarantee the number of occasions on which any individual Advertisement appears on the Site and that no obligations are imposed on ScotRecruit in this regard.

12. Obligations of the Client

• 12.1. The Client hereby undertakes and warrants to ScotRecruit:
• 12.1.1 to use all reasonable precautions against access of the Site (or any website that is, or may become linked to any website) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Client's hardware and the rest of the Site.
• 12.1.2 to comply with the provisions of the Data Protection Act 1998 or relevant legislation with regard to any Applicant information received by it and in particular to keep such information confidential.
• 12.1.3 in relation to any Advertisement the Client is a principal notwithstanding that the Client may be acting directly or indirectly for a third party;
• 12.1.4 the reproduction and/or publication of the Advertisement by ScotRecruit as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render ScotRecruit liable to any proceedings whatsoever and the Client indemnifies ScotRecruit against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by ScotRecruit as a result of this undertaking and warranty being incorrect;
• 12.1.5 any information supplied by the Client in connection with the provision of the Services is accurate, complete and true;
• 12.1.6 in respect of any Advertisement which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Client has obtained the authority of such living person to make use of such name, representation and/or copy;
• 12.1.7 each Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
• 12.1.8 no Advertisement contains any data, image or other material which:
  (a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material; (b) is defamatory, threatening or racially, ethnically or otherwise objectionable; (c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person; (d) infringes the rights (including, without limitation, the intellectual property rights) of another person; (e) is designed or likely to cause disruption to any computer system or to any network; (f) is illegal or designed or likely to induce an illegal act.
• 12.2. The Client is responsible for ensuring that the content of any Advertisement and the use of the Services is not discriminatory, obscene, defamatory, or in any other way illegal or in breach of any legislation. The Client also agrees to comply with all relevant industry Codes of Practice.
• 12.3. The Client acknowledges that it is not vested with any proprietary rights in respect of the Site, or any CV or other information submitted by any Applicant.
• 12.4. The Client shall indemnify ScotRecruit against all claims made by the third parties in respect of the misuse of the data supplied to the Client.
• 12.5. The Client shall obtain from the Applicant, as much information about the Applicant's qualifications and experience, as is necessary for determining whether the Applicant is suitable for employment, and shall ascertain that the Applicant has such qualifications as are required by law.
• 12.6. The Client shall ensure that the Applicant is fully aware of any conditions imposed by law, which must be satisfied by the Applicant and that any employment resulting therefrom shall be legal.
• 12.7. The Client agrees not to employ, or make arrangements to employ, a young person (being a person under the age of 18) who is attending, or has ceased to attend school, unless the Client has made all such enquiries as are reasonably practicable for the purposes of ascertaining that the young person has received vocational advice.
• 12.8. The Client will obtain at least two character references from suitable persons, not being relatives of the Applicant but being resident or based in the vicinity of the normal place of residence of the Applicant, in respect of any Applicant applying for a job in the United Kingdom where the Applicant is resident outside the United Kingdom, and in any event not offer employment to an Applicant where the rate of repayment of any advance of fare is 1/8th or more of the Applicant's basic weekly pay or the total amount to be repaid is more than three weeks' pay in the job.
• 12.9. The Client shall ensure that the Applicant, before departing for the employment, receives a written statement in a language they understand giving full details of their employment.
• 12.10. The Client agrees to keep a written record of all job applications, for a period of not less than one year from the date of employment or, where no employment results, from the date the job application is rejected.
• 12.11. The Client shall:
• 12.11.1 use all CVs supplied for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Candidates;
• 12.11.2 ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Act 1998 to the extent that it applies and complies with its obligations under that Act;
• 12.11.3 keep confidential the CVs and all other information supplied by ScotRecruit or Candidates to the Client or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Candidates with their express consent in respect of the CVs;
• 12.11.4 obtain the express consent of a Candidate prior to submitting his or her CV to any person;
• 12.11.5 not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from ScotRecruit to any person provided that where the Client is a Recruitment Agency it may make CV's available to its genuine End Clients who intend to recruit such Candidates for their own employment;
• 12.12. The Client
• 12.12.1 acknowledges that the Client and ScotRecruit may agree that ScotRecruit can accept instructions in relation to the Services (without having to refer to the Client) from any of the following persons:
• (a) any person agreed between ScotRecruit and the Client to be a Recruiter; and (b) any person to whom the Client or any Recruiter provides passwords to or is set up to make use of the Services by using facilities offered by ScotRecruit for such purposes.
• 12.12.2 authorises ScotRecruit to accept instructions in relation to the Services (without having to refer to the Client) from any Recruiter and any person using such passwords.

13. Rates

13.1. The rates shall be those rates as agreed between ScotRecruit and the Client in the Service Agreement.

14. Payment

• 14.1. Payment for Services will be made according to the payment terms specified in the Service Agreement.
• 14.2. If the Client fails to make any payment by the due time then all moneys owing by the Client to ScotRecruit shall immediately become due and payable and the provisions of clause 16.4(b) shall forthwith apply to such moneys.
• 14.3. ScotRecruit will provide invoices to each Client in accordance to the terms in the Service Agreement. Liability for payment arises from provision of the Services. Further, all items on the invoice are deemed to be payable and any errors or omissions must be communicated to ScotRecruit in time to be rectified before payment becomes due. Payment for the provision of the Services shall be made as aforesaid whether or not the Client shall have provided ScotRecruit with an order number at the time of signing the Service Agreement.
• 14.4. The Client agrees to pay to ScotRecruit in respect of each item of Services for which payment is not made by the due time:
• (a) the sum of £25.00 as an administration charge; and
• (b) interest on the amount paid late at the rate of 4% per annum above the base rate of Barclays Bank PLC accruing from day to day (including the date on which payment was due) both before and after judgment.
• 14.5. All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable.

15. Liability

• 15.1.ScotRecruit does not verify or guarantee any Applicant's details whether forwarded to the Client via ScotRecruit or otherwise. ScotRecruit accepts no responsibility as to the suitability of Applicants who respond to Advertisements or Services.
• 15.2. The Client shall satisfy itself as to the suitability of any Applicant and shall take up any reference provided by the Applicant before engaging any such Applicant.
• 15.3. The Client shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Applicant, and shall satisfy itself of any medical or other requirements or qualifications required by law.
• 15.4. ScotRecruit does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Client's use of (or inability to use) this Site.
• 15.5. ScotRecruit makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programmes and/or that the Site shall operate uninterrupted and error-free.
• 15.6. ScotRecruit does not accept liability, of any description, however arising, for any loss or damage caused to any Client, or any other third party, arising from any virus or other impairing computer program contained in any CV submitted by any Applicant.
• 15.7. ScotRecruit does not accept liability for:
• 15.7.1 any loss of copy, artwork, photographs, data or other materials that the Client supplies to ScotRecruit and the Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
• 15.7.2 any mistakes or errors whatsoever that arise during the course of publication of any Advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Client.

16. Indemnity

• 16.1.The Client agrees to indemnify ScotRecruit and to keep ScotRecruit indemnified in respect of, but not limited to, all damages, costs or liabilities that ScotRecruit may incur arising from an Advertisement or use of any Service, and in particular resulting from the following:-
• 16.1.1 the publication of any defamatory statement;
• 16.1.2 breach of copyright;
• 16.1.3 any claims made by any person in respect of race, religion, age, sex or disability discrimination;
• 16.1.4 any breach by the Client of any warranty given hereunder.

17. Disclaimer

• 17.1. Except as otherwise provided by statute, ScotRecruit disclaims all warranties, express or implied by law of statute, in relation to, but not limited to, the Site.

18. Governing Law and Jurisdiction

• 18.1. These Terms shall be governed by, and construed in accordance with, the laws of England and Wales and each party irrevocably submits to the exclusive jurisdiction of its courts.

19. Miscellaneous

• 19.1. The signing of a Service Agreement for provision of Services amounts to an acceptance of these Terms to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
• 19.2. If any provision of these Terms is held to be void or unenforceable in whole or in part, these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by ScotRecruit shall be effective except in relation to the matter in respect it was specifically given.
• 19.3. Nothing in these Terms is intended to confer on any person any right to enforce any provision of these Terms, which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. Insofar as the Client is a consumer (as that term is defined in the Consumer Protection (Distance Selling) Regulations 2000, the Client agrees that the provision of Services under these Terms may, by agreement between the Client and ScotRecruit, take place before the end of any applicable cancellation period, in which case the right to cancel such provision of Services shall not apply.

20. Contracting Party

• 20.1. ScotRecruit is a division of Jobsite UK (Worldwide) Limited (company number 03097157) of Langstone Technology Park, Langstone Road, Havant, Hampshire, PO9 1SA, a subsidiary of Associated Newspapers Limited (company number 84121).

THIS SCHEDULE REPLACES ALL PREVIOUS SCHEDULES TO THESE TERMS AND CONDITIONS

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