Terms and Conditions

1. Interpretation

• Candidate means a natural person either utilising or registered on the Web Site for job search and career information services;
• Client means an individual customer who agrees to acquire online advertising services in acquirement of employment from Energy Jobline in accordance with these Conditions;
• Energy Jobline means Energy Jobline Limited;
• Prices refers to our online prices, details of which are set out in Condition 5 below;
• Services has the meaning given at clause 2.1;
• Site means the site at www.energyjobline.com providing energy sector opportunities to Candidates and made available to the Client as part of our online services.
• Terms means these terms and conditions along with any schedules which are hereby incorporated;
• User means a user of the Web Site which may include Candidates and Clients; and

2. Services

2.1.
Energy Jobline shall provide such recruitment advertising services as may be agreed with Clients from time to time and better particularised in a Schedule of Services (“the Services”) which is incorporated into these Terms.

2.2.
The Services may but do not necessarily include:

2.2.1.
the facility for Clients to advertise job vacancies on the Site, whether on an ad hoc basis or through the use of job slots;

2.2.2.
access to Energy Jobline’s CV database;

2.2.3.
general banner advertising on the Site or similar;

2.2.4.
a profile page where Clients can review job postings, search CVs and edit its company profile; and

2.2.5
distribution of all jobs via partner networks, and social channels. Where necessary Energy Jobline will scrape the job content before distribution. After taking registration of a candidate, all applications will be sent to the employer / recruiter via email, or in the case of a scraped jobs, to the application path of the job on the source website directly.

2.2.6.
other services that may be agreed as detailed in a Schedule of Services

2.43.
Energy Jobline will use its reasonable endeavours to provide Clients with the Services, but will not be liable to the Client for any interruption in the provision of the Services as a result of Site downtime.

2.4.    
It is the responsibility of the customer to ensure that any products are reactivated prior to expiration. Energy Jobline will send a general reminder prior to expiration but is not responsible for arranging reactivation; all purchased products are automatically deactivated and removed from the site on the advertised expiration date unless reactivated by customer or extended by prior agreement with Energy Jobline.

3. Charges

3.1.
Services will be charged and Clients must pay all charges in accordance with the Schedule of Services or invoice.

3.2.
Once a Client has engaged with Energy Jobline and payment has been received for the invoiced amount, the features of the agreed package will become available to the Client, and no sooner.

3.3.
All charges for services, packages and products are set at the stated, rate card price, unless otherwise agreed and confirmed in writing or via paper or electronic invoice by a representative of Energy Jobline. The rate card is available on request from the Sales Team.

3.4.
Any discounted rates or agreement to pay charges by instalments are (i) strictly conditional on Client meeting its obligations under the Terms, in particular but not necessarily limited to timely payment of all charges and (ii) are valid only for the period agreed in the Schedule for Services.

3.5.
The performance by Energy Jobline of its obligations under these Conditions is conditional upon the Client paying all charges as they fall due and not being in material breach of this agreement. If the Client fails to make any payment when due or otherwise materially breaches this agreement, without prejudice to any other right or remedy available to Energy Jobline, Energy Jobline shall be entitled to suspend the provision of services under these Conditions until payment is made in full. Where the parties have agreed to charges by instalments, full payment in accordance with this clause 3.5 shall include the current and remaining charges throughout the entire contract period.

3.6.
All charges are in British pounds sterling and are stated exclusive of VAT which shall be added to Energy Jobline’s charges when and at the rate applicable.

4. General

4.1.
Clients must abide by the Site Terms of Use as they may be published on the Site from time to time, which may include but not necessarily be limited to:

4.1.1.
Clients acknowledging that all copyright, trademarks and other intellectual property rights in or arising from any material contained in the Site shall remain the exclusive property of Energy Jobline.

4.1.2.
Clients must not reproduce, display, distribute or otherwise use any of the contents of the Site for any public or commercial purposes and shall not use the contents of the Site in any other networked computer environment for any other purpose.

4.1.3.
Clients must not transmit or distribute to or from or store on the Site any material which is defamatory, obscene, threatening, abusive or otherwise contravenes any applicable law or regulation.

4.1.4.
Clients must not post on the Site any advertisements or chain letters or material that contain viruses.

4.1.5.
Clients must not access or attempt to access any data not intended for the Client or otherwise attempt to interfere with the Services provided to other Users.

4.1.6.
Clients must not delete, duplicate or revise any material posted by any other person on the Web Site without the prior written consent of Energy Jobline.

4.1.7.
Clients must not use any engine, software, tool or other device to navigate or search the Site other than the search tool provided by Energy Jobline or other third party web browsers generally available on the market.

4.1.8.
Clients must not attempt to decipher, edit, disassemble or reverse engineer any software comprising or relating to the Web Site.

4.1.9.
Users must not disclose its password to any third party without the prior written consent of Energy Jobline and shall immediately notify Energy Jobline of any unauthorised use of its password. 

4.1.10.
Any user downloading an abnormal amount of CVs (over 60 CV views per hour for over two hours) will have their access temporarily suspended until the matter is investigated. The longevity of this period will be at the job board's discretion.

5. Job Applications

5.1.
By their use of the Web Site, Candidates permit Energy Jobline to disclose to third parties on an anonymous basis the information contained in the Candidate’s registration application.

5.2.
Energy Jobline agrees not to disclose to any third party details of the name, address, e-mail address or any other information revealing the personal identity of the Candidate without the prior written consent of the Candidate.

5.3.
Candidates acknowledge that it is their responsibility for the form, content and accuracy of any material submitted to Energy Jobline for insertion on the Web Site.

6. Confidentiality

6.1.
Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients, staff or suppliers of the other party or of any member of the group of companies to which the other party belongs.

6.2.
Energy Jobline further undertakes that it shall not at any time during the course of this agreement disclose to any other member of its group of companies any confidential information concerning the applications of candidates to the Client through Energy Jobline.

6.3.
Notwithstanding the undertakings in this Clause 6, each party may disclose the other party’s confidential information:

6.3.1.
to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this Clause 6; and

6.3.2.
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

6.4.
No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

7. Limitation of Liability and Indemnity

7.1.
Energy Jobline makes no representations or warranties about the accuracy, reliability or completeness of any material contained on the Site and use of the Site by Users is entirely at their own risk and in particular, Energy Jobline makes no warranty or representation as to the suitability of either Candidates for employment or Clients as suitable recruitment consultants or employers.

7.2.
Customer accepts that www.energyjobline.com is an advertising medium and cannot guarantee the level of response to adverts or the number CVs available through the services.

7.3.
Other than in circumstances in which there has been a deliberate or negligence act or omission by Energy Jobline or any of its employees giving rise to death or personal injury, Energy Jobline shall not be liable to the user whether in contract or otherwise, for any loss, damage or injury however caused or arising out of, or in the course of, or in connection with, the provision of the Services or in connection with any claims by third parties.

7.4.
Energy Jobline shall not in any circumstances be liable to the user in contract or otherwise for any indirect or consequential loss whatever and howsoever caused including but not limited to loss of job opportunities or losses arising from unsuitable candidates or any other losses arising from lost or inaccurate data, business interruption or otherwise.

7.5.
Users shall be liable for and shall fully and promptly indemnify and hold harmless Energy Jobline, its employees and agents against all liabilities, damages, costs, losses, claims, demands and proceedings incurred or suffered whatsoever (including, for the avoidance of doubt, consequential loss and, as such, loss of profits) and howsoever arising, being directly or indirectly out of or in connection with any claims, demands, proceedings brought against Energy Jobline by any third party. This clause shall not apply in relation to any liabilities arising as a result of any deliberate or negligent act or omission of Energy Jobline or any of its employees.

7.6.
Energy Jobline hereby excludes, to the fullest extent permitted by law, all warranties, whether express or implied, including any warranty as to fitness for purpose of any materials posted on the Site or otherwise in relation to the reliability, completeness or timeliness of the Services and no warranty is given specifically that the Site will operate free of errors or viruses.

7.7.
Energy Jobline is not responsible for the contents of any materials contained in any third party web sites which are linked to the Site and no representations or warranties are given regarding the content or accuracy of materials contained on such web sites.

8.    Termination

8.1.
Without prejudice to any of its rights, Energy Jobline may terminate the provision of the Services to Clients immediately upon written notice to any Client at any time if the Client:

8.1.1.
fails to make any payment due under these Terms and if such default continues for a period of seven (7) days after written notice of such default is sent to the Client;

8.1.2.
breaches any of these Terms and such breach continues for a period of seven (7) days after written notice of such default is sent to the Client;

8.1.3.
makes any voluntary arrangement with its creditors or becomes subject to an administration order or goes into liquidation.

9. Force Majeure

Energy Jobline shall not be liable to the Client or be deemed to be in breach of any these Terms by reason of any delay in performing or failure to perform any of the Services if the delay or failure was due to any cause beyond reasonable control of Energy Jobline (including but not limited to any factors affecting the operation of the Site including computer viruses or interruptions to power supply or similar).

10. Waiver

No waiver by Energy Jobline of any breach of these Terms by Clients shall be considered as a waiver of any subsequent breach of the same or any other provision.

11. Severance

If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.

12. Notices

Any notice required to be given under these Terms shall be in writing and shall be served by sending the same by post to the registered office of or by email to the usual email address of the other party.
 

13. Governing Law And Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the exclusive jurisdiction of the Courts of England & Wales. 

14. Entire Agreement

These Terms supersede any previous agreements or understanding between the parties in relation to the provision of the Services excluding always any fraudulent misrepresentations and represents the entire agreement between the parties. No variation of these Terms shall be effective unless made in a Schedule for Services and agreed by the parties.