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 and, if applicable, promotion on the It’s Nice That Website, as may be updated by the Advertiser from time to time;

"Advertiser" means the person(s), firm or company who purchases the Advertising Services, and/or Featured Company Services (as applicable) 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:

1. in the case of an Advertising Services provided in exchange for a Credit, the date falling thirty (30) days after the date on which the Advertisement first appears on the Jobsboard;
2. in the case of an Advertising Services provided under an Advertising Subscription, the date falling thirty (30) days after the date on which the Advertisement first appears on the Jobsboard or, if earlier, the date on which the Advertising Subscription ends; and
3. in the case of any other Advertising Services, the date on which the Advertisement is scheduled to cease to appear on the Jobsboard as specified in an order accepted in accordance with Condition 2.2; and
4. in the case of Featured Company Services, the date on which the Advertising Subscription under which the Featured Company Services are provided ends;

“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, as may be updated by the Advertiser from time to time;

“Advertising Services” means the display of the Advertisement on the Jobsboard and/or the promotion of the Advertisement on the It’s Nice That Website, as selected by the Advertiser at the time the Advertiser placed its order;

“Advertising Start Date” means the date on which the Advertiser submits the Advertisement for publication on the Jobsboard or, in the case of Featured Company Services, the date on which the Advertiser submits the Advertiser Information for publication on the Website;

“Advertising Subscription” means the subscription purchased by the Advertiser for Advertising Services and Featured Company Services;

“Advertising Subscription Billing Date” has the meaning given in Condition 2.9(b);

“Advertising Subscription Period” has the meaning given in Condition 2.9(b);

"Contract" means a contract formed in accordance with Condition 2.4;

“Credit” means a credit purchased in advance by the Advertiser for Advertising Services in respect of a single Advertisement;

“Featured Company Services” means any services relating to publishing a profile of the Advertiser on the Website included an Advertising Subscription at the time the Advertiser placed its order, including 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) enabling the Advertiser to include the Advertiser’s current Advertisements on that page; and

(d) enabling the Advertiser to provide links from the Advertiser’s current Advertisements to that page;

“It’s Nice That Website” means itsnicethat.com (or such other website as may replace it) operated by It’s Nice That (Registered No 06606436) (“It’s Nice That”);

"If You Could Jobs” means If You Could Jobs Limited (Registered No 11325902), a company registered in England and Wales whose registered office is at 37-39 Kingsway, London, WC2B 6TP, whose main trading address is 37-39 Kingsway, London, WC2B 6TP and whose VAT number is 304674021 and who operates the Website;

“Permitted Limit” has the meaning given in Condition 2.9(a)(i);

“Price” has the meaning given in Condition 4.1;

"Jobsboard" means the page(s) advertising job opportunities made available by If You Could Jobs at the Website from time to time; and

“Website” means www.ifyoucouldjobs.com (or such other website operated by If You Could Jobs as may replace it).

1.2 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2 Basis of Contract

2.1 The Advertiser should follow the onscreen prompts to place an order. The order process allows the Advertiser to check and amend any errors before submitting its order. The Advertiser must check its order carefully before submitting it and is responsible for ensuring that its order is complete and accurate. Each order for Advertising Services, Credit(s) and/or Advertising Subscription(s) (as the case may be) placed by the Advertiser with If You Could Jobs shall be deemed to be an offer by the Advertiser to purchase Advertising Services and/or Featured Company Services (as appropriate) subject to these Conditions. After the Advertiser places an order, the Advertiser may receive an email from If You Could Jobs acknowledging that If You Could Jobs has received the Advertiser’s order, but this does not mean that the Advertiser’s order has been accepted.

2.2 No order placed by the Advertiser shall be deemed to be accepted by If You Could Jobs until the earlier of:

(a) If You Could Jobs issues written confirmation of that order (such as a receipt for that order); and

(b) provision of any of the Advertising Services, allocation of the Credit(s), activation of Advertising Subscription(s) or publication of Advertiser Information on the Website (as the case may be).

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 shall not constitute an offer and 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 Services and/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 any Advertising Services, Featured Company Services, Credit(s) and/or Advertising Subscription(s), 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 job opportunities. It does not effect introductions, and nor does it supply candidates.

2.8 Credits.

(a) Each Credit shall entitle the Advertiser to the Advertising Services for one single Advertisement, without further payment.

(b) Any Credit(s) 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:

(i) the Credit(s) shall no longer entitle the Advertiser to the relevant Advertising Services; and

(ii) the Advertiser’s account shall no longer show the relevant Credit(s) as available.

2.9 Advertising Subscriptions.

(a) The Advertising Subscription shall entitle the Advertiser to, for the duration of the Advertising Subscription and without further payment:

(i) the Advertising Services for a total number of Advertisement(s) up to the total number of advertisements selected by the Advertiser at the time the Advertiser placed its order (and as may be varied from time to time pursuant to these Conditions), (the “Permitted Limit”). The Advertiser may change the Advertisements in respect of which Advertising Services are required pursuant to the Advertising Subscription from time to time provided that, at any given time, the total number of such Advertisements does not exceed the Permitted Limit; and

(ii) the Featured Company Services.

(b) Each Advertising Subscription shall commence on the date of the Advertiser’s order and, subject to the other provisions of these Conditions, continue in effect for successive periods of one (1) month starting on such date and the same date of each subsequent month (each such date, a “Advertising Subscription Billing Date” and, each such month, a “Advertising Subscription Period”).

(c) Either party may terminate an Advertising Subscription by giving to the other party written notice to terminate, in which case the Advertising Subscription shall terminate at the end of the Advertising Subscription Period in which such notice is given.

(d) Upon termination of an Advertising Subscription, all Advertising Services and Featured Company Services shall cease to be provided. If the Advertiser wishes to continue to display and, if applicable, promote Advertisements and/or to benefit from Featured Company Services after termination of an Advertising Subscription, the Advertiser will need to purchase further appropriate Advertising Services and/or Featured Company Services.

(e) The Advertiser may increase or decrease the Permitted Limit via its account from time to time. If the Advertiser:

(i) increases the Permitted Limit, the increase to the Permitted Limit shall apply, and the Price for the Advertising Subscription shall increase to the price notified to the Advertiser when it increased its Permitted Limit, with immediate effect. Accordingly, the Advertiser shall be required to, and must, pay at the time the Advertiser increases the Permitted Limit a sum equal to the difference between, for the Advertising Subscription Period in which the Advertiser increased the Permitted Limit, the Price already paid by the Advertiser and such increased Price pro-rated for the period from the date on which the increase in the Permitted Limit takes effect until the end of that Advertising Subscription Period; and

(ii) decreases the Permitted Limit, the decrease to the Permitted Limit shall apply, and the Price for the Advertising Subscription shall decrease to the price notified to the Advertiser when it decreased its Permitted Limit, with effect from the next Advertising Subscription Billing Date.

3 Provision of Advertising Services and Featured Company Services

3.1 The Advertiser is responsible for supplying, and submitting via the Website, all Advertisements and Advertiser Information, which 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 provide any Advertising Services or any Featured Services (including any failure to display the relevant Advertisement or the relevant Advertiser Information (as applicable) 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 rejects, cancels, amends, changes the positioning of or takes down any Advertisement or Advertiser Information (whether before or following publication on the Jobsboard or Website (as applicable)) pursuant to its rights under this Condition 3.3.

3.4 Subject to Conditions 3.2 and 3.3, If You Could Jobs will use reasonable endeavours to provide the Advertising Services in relation to the Advertisement and provide the Featured Company Services (as applicable) from the relevant Advertising Start Date until the relevant Advertising End Date.

3.5 Acceptance, publication or promotion 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, perpetual licence to use, store, reproduce, display, distribute, publish, make available to others and prepare derivative works of any Advertisement and Advertiser Information, and any materials and information provided in connection with the Advertisement or Featured Company Services, in connection with the performance its obligations pursuant to the Contract and to produce and distribute screenshots of the Website and, if applicable, the It’s Nice That Website (which may include the Advertisement and/or Advertiser Information) anywhere in the world in any way and for any purpose whatsoever. This licence includes the right for If You Could Jobs to sublicense to third parties on the same terms as this Condition 3.6.

3.7 The Advertiser further hereby grants a worldwide, non-exclusive, royalty-free, licence for other users of the Website to use the same as envisaged in the Terms of Service and, if applicable, for users of the It’s Nice That Website to use the same as envisaged in the terms of service for the It’s Nice That Website from time to time.

3.8 The Advertiser acknowledges that the Website and the It’s Nice That Website may include advertising of any other third parties, including its competitors.

4 Price

4.1 Unless otherwise agreed by If You Could Jobs in writing, the price for the Advertising Services, Credit(s) and Advertising Subscription(s) (as applicable) shall be the price notified to the Advertiser when it placed its order (as may be varied from time to time in accordance with these Conditions), (the “Price”).

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 services, credit(s) and/or advertising subscription(s) 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 is due in full at the point an order is submitted by an Advertiser to If You Could Jobs or, for Advertising Subscription(s), on each Advertising Subscription Billing Date. The Advertiser shall at such time pay the Price by such payment method as If You Could Jobs may require, failing which If You Could Jobs shall have no obligation, as applicable, to provide any Advertising Services and/or Featured Company Services, to allocate the Credit(s) and/or to activate the Advertising Subscription(s), 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, at any time that an Advertisement or Advertiser Information (as applicable) is inappropriate in any way:

(a) such Advertisement or Advertiser Information shall, as applicable, be removed from (or shall not be displayed on) the Jobsboard or the Website and shall not be promoted on the It’s Nice That Website; and

(b) If You Could Jobs shall reimburse to the Advertiser the Price or, if the Advertising Services were provided in exchange for a Credit, the amount paid by the Advertiser for the Credit or, if the Advertising Services were provided or the Advertiser Information was published under an Advertising Subscription, If You Could Jobs may terminate the Advertising Subscription by giving to the Advertiser written notice to terminate (in which case, If You Could Jobs shall reimburse to the Advertiser the Price for the Advertising Subscription Period in which the Advertising Subscription terminates reduced by a pro rata amount reflecting the period prior to the date of termination).

However, publication or promotion of any Advertisement or Advertiser Information does not indicate that If You Could Jobs has accepted that Advertisement or Advertiser Information (as applicable) as being in compliance with these 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 purchase the Advertising Services and/or Featured Company Services (as applicable) and 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 any Advertisement or Advertiser Information, the Advertising Services, the Featured Company Services and/or the performance of any Contract;

(c) all Advertisements and Advertiser Information (as applicable) will be free from any viruses, trojans, worms, logic bombs, spyware or other material that is malicious or technologically harmful or otherwise harmfully interacts with the Website or the It’s Nice That Website or any part of either of them;

(d) no Advertisement or Advertiser Information (as applicable) will:

(i) be unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(ii) facilitate illegal activity;

(iii) depict sexually explicit images;

(iv) promote unlawful violence;

(v) be discriminatory (whether based on race, gender, colour, religious belief, sexual orientation, disability or otherwise);

(vi) and its publication will not, infringe any third party rights (including intellectual property rights and rights to privacy) or be copied from any third party work; or

(vii) be otherwise illegal or breach any law, regulation or code (whether statutory or self-regulatory) applicable to the Advertiser, the Advertisement and/or the Advertiser Information from time to time (and the Advertiser shall comply with the requirements of any applicable regulator, including the Advertising Standard Authority, Competition and Markets Authority and Trading Standards, to the extent they relate to the Advertisement or Advertiser Information);

(e) no Advertisement or Advertiser Information (as applicable) will be misleading, and all Advertisements and Advertiser Information (as applicable) will be accurate, complete and up to date (including, as applicable, all information about any job opportunity(ies), the relevant organisation and the Advertiser);

(f) no Advertisement or Advertiser Information (as applicable) will cause damage or injury to any person or property or negatively affect If You Could Jobs or, if applicable It’s Nice That or potentially bring If You Could Jobs, the Website or, if applicable, It’s Nice That or the It’s Nice That Website into disrepute;

(g) it will notify If You Could Jobs immediately of any challenges to or claims relating to any Advertisement or Advertiser Information (as applicable) and made by an applicable regulator or any other third party;

(h) it shall comply with the Website Terms of Service at all times, provided that where these Conditions conflict with the Website Terms of Service, these Conditions shall take precedence.

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 arising 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, storage, reproduction, display, distribution, making available to others and/or publication of the Advertisement and/or the Advertiser Information (as applicable) and/or any other material or information 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 It’s Nice That Website or the number of page impressions, click-throughs or website hits which the Website, the It’s Nice That Website, any Advertisement or any Advertiser Information, or any link embedded in any Advertisement or Advertiser Information, attract or will attract.

7.2 If You Could Jobs gives no warranty that the Website, the It’s Nice That Website or any Advertisement, Advertising Services, Credits or Featured Company Services shall always be available or be uninterrupted or error free, including during any period for which Advertising Services and/or Featured Company Services (as applicable) are to be provided.

7.3 If the Advertiser establishes to If You Could Jobs’ reasonable satisfaction that, due to the default of If You Could Jobs, any Advertising Services and/or Featured Company Services (as applicable) have not been provided in accordance with the Contract for the agreed period or an Advertisement or Advertiser Information (as applicable) 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 Services or Featured Company Services (as applicable) for a period equal to the period in which the Advertising Services and/or Featured Company Services (as applicable) were not so provided or the Advertisement or Advertiser Information (as applicable) appeared with material errors or defects; or

(b) issue a credit to the Advertiser in respect of that part of the Price which reflects the period in which the Advertising Services or Featured Company Services (as applicable) were not so provided or the Advertisement or Advertiser Information (as applicable) 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, 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 Condition 7.3 above:

(a) in respect of any failure or defect arising from materials or information provided by the Advertiser or the Advertiser’s failure to comply with these Conditions;

(b) if the total Price for any Advertising Services, Credit(s() and/or Advertising Subscription(s) (as applicable) has not been paid by the due date for payment.

7.5 The warranties set out in these Conditions are the only warranties which shall be given by If You Could Jobs and all warranties, conditions and other terms implied by statute, common law, trade custom, practice or course of dealing 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 any liability which cannot be legally limited (including for death or personal injury caused by If You Could Jobs’ negligence, and for fraud 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:

(a) any direct or indirect loss of profit;

(b) any direct or indirect other economic loss; or

(c) 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, transfer, subcontract, delegate or otherwise deal in any other manner with any of its rights and obligations under any Contract or any part of it, or resell any Advertising Services and/or Featured Company Services (whether as Credit(s), Advertising Subscription(s) or otherwise), without the prior written consent of If You Could Jobs.

9.2 If You Could Jobs may assign, charge, subcontract, transfer, delegate or otherwise deal in any other manner with any of its rights and obligations under 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, 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 any provision or use of any Advertising Services, Credits and/or Advertising Subscriptions (or any part of any of them, including Featured Company Services) (as applicable) and take down any Advertisement or Advertiser Information (as applicable) 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 or the Advertiser's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.

11.2 Notwithstanding any such termination or suspension in accordance with Condition 11.1 above:

(a) the Advertiser shall pay If You Could Jobs the Price for all Advertising Services, Credit(s) and, for the Advertising Subscription Period(s) in which the suspension or termination takes effect, Advertising Subscription(s) (as applicable) ordered on or before the date of suspension or termination; and

(b) 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 General

12.1 Except as envisaged in these Conditions, 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 its subject matter. 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.

12.7 The Advertiser may contact If You Could Jobs via our customer service team at hello@ifyoucouldjobs.com.

12.8 Any notice or other document to be served under the Contract may be sent by first class post to the party to be served at its registered office address (if a company) or principal place of business (in all other cases) or to such other address or by email to such email address as it may have notified in writing to the other party.

12.9 These Conditions and the Contract are made only in the English language.

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