Terms and Conditions for Advertisers
1 Definitions and Interpretation
1.1 In these Conditions the following words have the following meanings:
“Advertisement” means an advertisement provided by the Advertiser for publication on the Jobsboard;
"Advertiser" means the person(s), firm or company who purchases the Advertising Space from If You Could Jobs, whether they are the advertiser or an agency, media buyer or other third party acting on behalf of that advertiser;
“Advertising End Date” means the date on which an Advertisement is scheduled to cease to appear on the Jobsboard as specified in an order accepted in accordance with Condition 2.2 or, in the case of Featured Company Services, means the date on which the Advertiser Information is scheduled to cease to appear on the Website as specified in an order accepted in accordance with Condition 2.2;
“Advertiser Information” means the information provided by the Advertiser to If You Could Jobs for display on the Website as part of any Featured Company Services.
“Advertising Space” means any the advertising space on the Jobsboard to be provided to the Advertiser by If You Could Jobs in accordance with an order accepted in accordance with Condition 2.2;
“Advertising Start Date” means the date on which the Advertiser desires an Advertisement to first appear on the Jobsboard as specified in an order accepted in accordance with Condition 2.2 or, in the case of Featured Company Services, means the date on which the Advertiser desires the Advertiser Information to first appear on the Website as specified in an order accepted in accordance with Condition 2.2;
“Bundle of Credits” means a collection of more than one Credit purchased by the Advertiser.
"Contract" means a contract formed in accordance with Condition 2.4;
“Credit” means a credit purchased in advance by an Advertiser for the publication of an Advertisement on the Jobsboard. Each Credit shall entitle the Advertiser to display a single Advertisement on the Jobsboard for [DURATION] without further payment.
“Featured Company Services” means any services purchased by the Advertiser relating to publishing a profile of the Advertiser, including (but not limited to) If You Could Jobs
(a) publishing a page of Advertiser Information on the Website;
(b) enabling the Advertiser to amend the Advertiser Information directly;
(c) including the Advertiser’s current Advertisements on that page; and
(d) providing links from the Advertiser’s current Advertisements to that page.
"If You Could Jobs” means If You Could Jobs Limited (Registered No 11325902) whose registered office is at 21 Downham Road, London, N1 5AA;
"Jobsboard" means the page(s) advertising jobs made available by If You Could Jobs at the Website from time to time;
“Website” means www.ifyoucouldjobs.com (or such other website operated by If You Could Jobs as may replace it).
2 Basis of Contract
2.1 Each order for Advertising Space, Credits, a Bundle of Credits or Featured Company Services placed by the Advertiser with If You Could Jobs shall be deemed to be an offer by the Advertiser to purchase Advertising Space or Featured Company Services (as appropriate) subject to these Conditions. Each order must be in the form and following the process specified by If You Could Jobs from time to time.
2.2 No order placed by the Advertiser shall be deemed to be accepted by If You Could Jobs until a written acceptance or confirmation of that order is issued by If You Could Jobs or (if earlier), publication of the Advertisement on the Jobsboard. Any order shall be accepted entirely at the discretion of If You Could Jobs.
2.3 Any quotation or estimate made by If You Could Jobs and any price list published by If You Could Jobs is subject to these Conditions.
2.4 On acceptance of an order by If You Could Jobs in accordance with Condition 2.2, a contract is formed between If You Could Jobs and the Advertiser for the provision of Advertising Space or Featured Company Services (as appropriate), incorporating these Conditions and the accepted order to the exclusion of all other terms and conditions (including any terms or conditions which the Advertiser purports to apply under any purchase order, confirmation of order, specification or other document).
2.5 The Advertiser can only cancel an order (or any part of an order) which If You Could Jobs has already accepted, where If You Could Jobs gives its prior agreement in writing (which may be given or withheld in If You Could Jobs’ discretion. No refunds will be granted in respect of cancelled orders.
2.6 Any variation to these Conditions and any representations about the Advertising Space or Featured Company Services shall have no effect unless expressly agreed in writing and signed by If You Could Jobs.
2.7 The Advertiser acknowledges and agrees that If You Could Jobs acts only in the capacity of publicising opportunities to job hunters. It does not effect introductions between recruiters and candidates (or vice versa), and nor does it supply candidates to recruiters.
2.8 Any Credits purchased by the Advertiser are non-refundable and must be used within any time periods specified in the description of such Credits when the Advertiser placed the relevant order. Upon expiry of that time period, the relevant Credit(s) shall expire, meaning that
(a) the Credit(s) shall no longer entitle the Advertiser to display an Advertisement on the Jobsboard; and
(b) the Advertiser’s account shall no longer show the relevant Credit(s) as available.
3 Provision of Advertising Space and Featured Company Services
3.1 The Advertiser must supply the materials and information for the relevant Advertisement or for the relevant Featured Company Servives within such time in advance of the Advertising Start Date as may be specified by If You Could Jobs on the Website or by notification in writing to the Advertiser. Such materials must meet the technical requirements specified by If You Could Jobs on the Website or by notification in writing to the advertiser.
3.2 If You Could Jobs shall not be liable for any failure to display the relevant Advertisement or Advertiser Information from the Advertising Start Date in the event that the Advertiser does not comply with Condition 3.1.
3.3 If You Could Jobs may, without liability, reject, cancel, amend or require the amendment of any Advertisement or Advertiser Information or the positioning of any Advertisement or Advertiser Information or take down any Advertisement or Advertiser Information where it has reason to believe, at its sole discretion, that any Advertisement or Advertiser Information may not be in compliance with these Conditions or it is requested to do so by any applicable regulator. No refunds shall be granted in the event that If You Could Jobs amends, changes the positioning of or takes down any Advertisement or Advertiser Information following publication on the Jobsboard or Website pursuant to its rights under this Condition 3.5.
3.4 Subject to Conditions 3.2 and 3.3, If You Could Jobs will use reasonable endeavours to display the Advertisement and/or Advertiser Information including materials and information substantially as provided by the Advertiser on the Jobsboard and/or Website (as appropriate) as from the relevant Advertising Start Date and to cease to display the Advertisement from the relevant Advertising End Date.
3.5 Acceptance or publication of any Advertisement or Advertiser Information does not constitute acceptance by If You Could Jobs that such Advertisement or Advertiser Information complies with these Conditions.
3.6 The Advertiser hereby grants If You Could Jobs a worldwide, non-exclusive, royalty-free licence to display any Advertisement and Advertiser Information and any materials and information provided in or in relation to the order for Advertising Space or Featured Company Services on the Website in accordance with these Conditions and to produce and distribute screenshots of the Website (which may include the Advertisement and/or Advertiser Information) anywhere in the world in any way and for any purpose whatsoever.
3.7 The Advertiser acknowledges that the Website may include advertising of any other third party, including its competitors.
4 Price and Payment
4.1 Unless otherwise agreed by If You Could Jobs in writing the price (“Price”) for Advertising Space, Credits, Bundles of Credits and Featured Company Services shall be the relevant price set out in If You Could Jobs’ price list as published on the date of formation of the relevant Contract.
4.2 Unless otherwise agreed in writing, the Price shall be exclusive of any value added tax or other similar taxes or levies, all of which amounts the Advertiser will pay, where appropriate, in addition to the Price.
4.3 If You Could Jobs may change the rates it charges for advertising space at any time but this will not affect any orders which have previously been accepted by If You Could Jobs.
5 Payment Terms
5.1 Payment of the price for the Advertising Space, Credits, Bundles of Credits or Featured Company Services is due in full at the point an order is submitted by an Advertiser to If You Could Jobs. The Advertiser shall pay the Price at such time, failing which If You Could Jobs shall have no obligation to publish the Advertisement or Advertiser Information or to provide the Advertising Space or Featured Company Services and shall have no other responsibility or liability under the relevant Contract or these Conditions.
5.2 Subject to Condition 3.3, in the event If You Could Jobs decides, at its sole discretion, prior to publication of the Advertisement or Advertiser Information, that an Advertisement or Advertiser Information submitted is inappropriate in any way, such Advertisement or Advertiser Information shall not be displayed within the Advertising Space or on the Website and If You Could Jobs shall reimburse the Price to the Advertiser. However, publication of an Advertisement or Advertiser Information does not indicate that If You Could Jobs has accepted that Advertisement or Advertiser Information as being in compliance with these terms and conditions, which shall remain the sole responsibility of the Advertiser.
5.3 The Advertiser shall make all payments due under the Contract without any deduction whether by way of set-off, withholding, counterclaim, discount, abatement or otherwise.
6 Advertiser responsibilities
6.1 The Advertiser warrants and undertakes that:
(a) where it is an agency, media buyer or third party acting on behalf of an advertiser, that it contracts as principal under these Conditions and any Contract and that it has all necessary authority to place any and all Advertisements and Advertiser Information on behalf of the relevant advertiser;
(b) it will comply with all reasonable instructions of If You Could Jobs from time to time concerning the Advertising Space, the Featured Company Services and the performance of any Contract;
(c) the Advertisement or Advertiser Information will not breach any applicable law, regulation or code (whether statutory or self-regulatory) applicable to the Advertising from time to time and the Advertiser shall comply with the requirements of any applicable regulator (including, without limitation, the Advertising Standard Authority, Competition and Markets Authority and Trading Standards) to the extent they relate to the Advertisement or Advertiser Information;
(d) the Advertisement and Advertiser Information will not be misleading, obscene, defamatory, libellous, blasphemous, discriminatory (whether by race, religion, gender, sexual orientation or otherwise) or otherwise negatively affect If You Could Jobs or potentially bring If You Could Jobs or the Website into disrepute;
(e) the publication of the Advertisement or Advertiser Information will not infringe any third party rights (including without limitation intellectual property rights and rights to privacy) and will not have been copied from any third party work;
(f) it will notify If You Could Jobs immediately of any challenges to or claims relating to the Advertisement or Advertiser Information and made by an applicable regulator or any other third party;
(g) the Advertisement and Advertiser Information will be free from viruses and other harmful code and will not impair the operation of the Website;
6.2 The Advertiser shall indemnify and keep indemnified If You Could Jobs from and against all losses, damages, costs, expenses (including reasonable legal and other third party costs) and liabilities incurred by If You Could Jobs arise out of:
(a) any breach by the Advertiser of any of its warranties as set out at Condition 6.1; and
(b) any claim, action or demand alleging that the use or publication of the Advertisement and/or the Advertiser Information and/or any material provided by the Advertiser infringes the rights of any third party.
7 Warranties and Remedies
7.1 If You Could Jobs gives no warranty as to the usage of the Website or the number of page impressions, click-throughs or website hits which the Website or any Advertisement (or link embedded in any Advertisement) attract or will attract during the term of any Contract.
7.2 If You Could Jobs gives no warranty that the Website shall be available uninterrupted or error free, including during any period in which the Advertiser has purchased Advertising Space or Featured Company Services.
7.3 If the Advertiser establishes to If You Could Jobs’ reasonable satisfaction that, due to the default of If You Could Jobs, the Advertising Space or Featured Company Services has/have not been provided for the agreed period or the Advertisement or Advertiser Information has appeared with material errors or defects, then If You Could Jobs shall at its option and within a reasonable time;
(a) provide the Advertiser with reasonably equivalent Advertising Space or Featured Company Services for a period equal to the period in which the Advertising Space or Featured Company Services originally purchased was not provided or the Advertisement or Advertiser Information appeared with material errors or defects; or
(b) issue a credit note to the Advertiser in respect of that part of the Price which reflects the period in which the Advertising Space or Featured Company Services originally purchased was not provided or the Advertisement or Advertiser Information appeared with material errors or defects; subject, in each case, to the Advertiser notifying If You Could Jobs of the relevant failure or defect as soon as reasonably practicable. Performance of either of the above options shall constitute an entire discharge of If You Could Jobs’ liability under this warranty and the Advertiser’s sole and exclusive remedy in respect of the relevant failure or defect.
7.4 If You Could Jobs shall be under no liability under the warranty at Condition 7.3 above:
(a) in respect of any failure or defect arising from materials provided by the Advertiser or the Advertiser’s failure to comply with these Conditions;
(b) if the total Price for any Advertising Space, Credits, Bundles of Credits and Featured Company Services has not been paid by the due date for payment.
7.5 The warranties set out in this document are the only warranties which shall be given by If You Could Jobs and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from each and every Contract.
8 Exclusion and Limitation of Liability
8.1 Nothing in these Conditions excludes or limits the liability of If You Could Jobs for death or personal injury caused by If You Could Jobs’ negligence, or for fraudulent misrepresentation.
8.2 If You Could Jobs’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of each Contract shall be limited to the Price paid or payable under such Contract.
8.3 If You Could Jobs shall not be liable to the Advertiser for any loss of profit or other economic loss (direct or indirect) or for any indirect or consequential loss or damage.
9 Subcontracting, Assignment and Third Party Rights
9.1 The Advertiser shall not be entitled to assign, charge or transfer any Contract or any part of it or resell the Advertising Space, Credits, Bundles of Credits or Featured Company Services without the prior written consent of If You Could Jobs.
9.2 If You Could Jobs may assign, charge, subcontract or transfer any Contract or any part of it to any person.
9.3 A person who is not a party to the Contract shall not have the right (whether under the Contracts (Rights of Third Parties) Act or otherwise) to enforce any term of the Contract.
10 Force Majeure
If You Could Jobs reserves the right to suspend or to cancel any Contract in whole or in part (without liability to the Advertiser) if it is prevented from or delayed in the carrying on of its obligations under the Contract due to circumstances beyond the reasonable control of If You Could Jobs including, without limitation, Acts of God, fire, flood, lightning, war, revolution or acts of terrorism (an “event of force majeure”). If You Could Jobs shall not be liable to the Advertiser to the extent that it is prevented from or delayed in the carrying on of its obligations under any Contract as a result of any such event of force majeure. If the event of force majeure continues for a continuous period in excess of 3 months, the Advertiser shall be entitled to give notice in writing to If You Could Jobs to terminate the affected Contract.
11 Breach of Contract or Insolvency
11.1 If You Could Jobs may immediately suspend further performance of any Contract or cancel any provision of Advertising Space or Featured Company Services and take down any Advertisement or Advertiser Information or by notice in writing to the Advertiser terminate any Contract without liability if:
(a) the Advertiser commits a breach of any of its obligations under the Contract which is incapable of remedy;
(b) the Advertiser fails to remedy a breach of its obligations under any Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by If You Could Jobs to remedy or desist from such breach within a period of 14 days; or
(c) the Advertiser becomes or is reasonably likely to become insolvent, enters into bankruptcy, individual voluntary arrangement, liquidation, receivership, administration or into a corporate voluntary arrangement as defined by the Insolvency Act 1986, has a liquidator, receiver, administrative receiver or administrator appointed over any or all of its assets, compromises any debts with creditors or undergoes any similar event in any other jurisdiction.
11.2 Notwithstanding any such termination or suspension in accordance with Condition 11.1 above, the Advertiser shall pay If You Could Jobs the Price for all Advertising Space, Credits, Bundles of Credits or Featured Company Services ordered on or before the date of suspension or termination and the termination of the Contract for whatever reason shall not affect the rights or remedies of either party in respect of any pre-existing breach.
12.1 Any Contract, its content, the matters to which it relates and information exchanged pursuant to it are confidential between the parties.
12.2 Nothing in the Contract shall create, or be deemed to create a partnership or joint venture or relationship of employer and employee or principal and agent between the parties.
12.3 The waiver by either party of any breach of a Contract shall not prevent the subsequent enforcement of that breach and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
12.4 If at any time any one or more of the Conditions (or any part of one or more of these Conditions) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, it shall be deemed omitted from the Contract and the validity and/or enforceability of the remaining provisions of the Contract shall not in any way be affected or impaired as a result of that omission.
12.5 The Contract sets out the entire agreement and understanding between the Advertiser and If You Could Jobs in connection with the provision of the Advertising Space or Featured Company Services. The parties acknowledge that the Contract has not been entered into wholly or partly in reliance on, nor has either party been given, any warranty, statement, promise or representation by the other or on its behalf other than as expressly set out in these Conditions.
12.6 Each party agrees that the only rights and remedies available to it arising out of or in connection with any warranties, statements, promises or representations will be for breach of contract and irrevocably and unconditionally waives any right it may have to any claim, rights or remedies including any right to rescind the Contract which it might otherwise have had in relation to them.
13 Law and Jurisdiction
13.1 Each Contract shall be governed by English law.
13.2 Each Contract shall be subject to the exclusive jurisdiction of the English courts to which the parties irrevocably submit