Vacancy Informer Terms of Service

By using the vacancyinformer.com web sites (“Service”), all services of Vacancy Informer Ltd (“Vacancy Informer”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Vacancy Informer reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new functions, new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.vacancyinformer.com/terms

Violation of any of the terms below will result in the termination of your Account. While Vacancy Informer prohibits such conduct and Content on the Service, you understand and agree that Vacancy Informer cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  2. You must provide your legal full name, a valid email address, and any other information requested to complete the signup process.
  3. All Services and information provided by Vacancy Informer Ltd is supplied in strict confidence for the Customer’s internal business use only.
  4. The Customer shall notify its employees and any other persons who come or may come into contact with the Services of the restrictions contained in these terms and conditions and the confidential nature of the information.
  5. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  6. You are responsible for all Content posted and activity that occurs under your account and your group’s accounts.
  7. One person or legal entity may not maintain more than one free account.
  8. The Customer will define or receive a password upon completing the service’s registration process. You (the Customer) are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account, including maintaining the confidentiality and activities of the accounts of other users in your group. You agree to (a) immediately notify Vacancy Informer Ltd of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Vacancy Informer Ltd cannot and will not be liable for any loss or damage arising from your failure to comply. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts.
  2. The Service is billed in advance and is non-refundable.
  3. When upgrading to a higher value Service, the remaining value of any previous Service will be used to reduce the first payment of the higher value Service.
  4. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Vacancy Informer does not accept any liability for such loss.
  5. In order to receive any Service, the Customer must have paid its Invoice in full.
  6. Without prejudice to any other rights, failure to make any payment due will entitle Vacancy Informer Ltd, at its sole discretion, to refuse to supply any further Service; and/or cancel this Agreement or any other agreement with the Customer and without incurring any liability to the Customer for any loss caused by such a delay or cancellation.
  7. Vacancy Informer Ltd shall be entitled to charge VAT at the current rate in addition to all fees payable here.
  8. All purchased services are non refundable unless agreed specifically in writing by Vacancy Informer Ltd.

Cancellation, Modifications and Termination of the Service

  1. All of your Content will be immediately deleted from the Service upon cancellation or termination. This information cannot be recovered once your account is cancelled.
  2. Without prejudice to these terms and conditions, Vacancy Informer Ltd may terminate this Agreement at any time with or without notice in which case Vacancy Informer Ltd shall refund the Customer a sum equivalent to any unused services.
  3. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
  4. Vacancy Informer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  2. Vacancy Informer does not pre-screen Content, but Vacancy Informer and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The look and feel of the Service is Copyright©2009 Vacancy Informer Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements, logos or trademarks without express written permission from Vacancy Informer.
  4. The Customer acknowledges that the service, software and information provided is proprietary to Vacancy Informer Ltd which includes compiled information Vacancy Informer Ltd has co-ordinated and the expression of such information or pre-existing material it has gathered or assembled; confidential and trade secret information; and software and information that has been created, developed and maintained by Vacancy Informer Ltd at great expense of time and money that misappropriation or unauthorised use by others for commercial gain would unfairly and irreparably harm Vacancy Informer Ltd.
  5. The Customer shall not commit or permit any act or omission that would impair Vacancy Informer Ltd proprietary and Intellectual Property Rights in the software or information.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that Vacancy Informer uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Vacancy Informer, or any other Vacancy Informer service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Vacancy Informer.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  8. Vacancy Informer does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  9. You expressly understand and agree that Vacancy Informer shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Vacancy Informer has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  10. The failure of Vacancy Informer to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Vacancy Informer and govern your use of the Service, superceding any prior agreements between you and Vacancy Informer (including, but not limited to, any prior versions of the Terms of Service).
  11. Questions about the Terms of Service should be sent to support@vacancyinformer.com.
  12. The following provisions set out Vacancy Informer Ltd entire liability (including any liability for the acts and omissions of its employees, officers, agents, and sub-contractors or lawyers or other agents appointed by Vacancy Informer Ltd on behalf of the Customer) to the Customer in respect of any breach of its contractual obligations and any representation, statement or tortuous act or omissions arising under or in connection with this Agreement.
  13. Any liability on the part of Vacancy Informer Ltd falling within shall for the purpose of this Clause be known as an ‘Event of Default’ Vacancy Informer Ltd shall have no liability to the Customer in relation to damage to the Customers software whether by the introduction of a computer virus or otherwise resulting from the negligence of Vacancy Informer Ltd or its employees, agents and sub-contractors or lawyers or other agents appointed by Vacancy Informer Ltd on behalf of the Customer Vacancy Informer Ltd entire liability in respect of any Event of Default or any series of connected and/or unconnected Events of Default shall be limited in total to damages of an amount equal to the amount paid by the Customer.
  14. Vacancy Informer Ltd shall not be liable to the Customer in respect of any Event of Default for loss of profits, goodwill or any type of special, indirect or consequential loss (including but not limited to loss or damage suffered by the Customer as a result of an action brought by a third party).
    15. Nothing in this Clause shall confer any right or remedy upon the Customer to which it would not otherwise be legally entitled.
  15. The Customer shall indemnify Vacancy Informer Ltd on a full and unqualified basis and/or its officers, agents and employees in respect of any loss or damage whatsoever (including costs and any necessary payments made in order to settle or compromise any claim) which it or they may suffer or incur directly or indirectly from any breach of these terms and conditions by the Customer or by the Customers’ employees or agents or by any other party acting through or with the Customer including without prejudice to the generality of the foregoing costs relating to the acts and omission of lawyers and/or agents appointed on behalf of Customers.
  16. The Customer agrees to comply with any applicable privacy, data protection or other requirement imposed by foreign or domestic law which would be applicable in the country in which the business entity or person to whom the information relates resides or is based, or if unable to comply, to refuse the information subject to foreign or domestic law. If unable to comply pursuant to this clause the Customer agrees that no refund of any monies paid to Vacancy Informer Ltd shall be due.
  17. This Agreement shall be assignable by Vacancy Informer Ltd to any of its Associated Companies and Vacancy Informer Ltd may sub-contract its obligations pursuant to this Agreement.
  18. All notices or consents given or to be given pursuant to this Agreement shall be in writing (which shall include email or facsimile messages provided the same are confirmed in writing) and shall be deemed to be served two working days after having been sent, properly addressed, by first class post to the receiving party at the business address stated or as last notified in writing to the other party.
  19. Vacancy Informer Ltd shall not be liable for any delay or failure or any other causes or circumstances beyond its reasonable control to perform any of its obligations hereunder.
  20. These terms and conditions supersede all prior agreements, arrangements and undertakings and any practice or course of dealing applying between the parties and constitute the entire Agreement in respect thereof. The service, software and information is provided by Vacancy Informer Ltd upon the foregoing terms and conditions only and no addition or modification of any provisions therein shall be allowed or binding on Vacancy Informer Ltd unless with the express written consent and agreement of a Director or the Company Secretary of Vacancy Informer Ltd.
  21. The Waiver of any right by Vacancy Informer Ltd shall not be construed as a waiver of the same right at a future date or a waiver of any other right.
  22. The headings contained in these terms and conditions shall not affect the meaning or interpretation of such terms and conditions.
  23. The Customer shall not be entitled to withhold any payment due, or sum owing to Vacancy Informer Ltd for any reason.
  24. No counter-claim of a Customer shall be set-off against any payments due to Vacancy Informer Ltd pursuant to these terms and conditions is reference only.
  25. This Agreement shall be governed and construed in accordance with the laws of England and the Customer irrevocably submits to the exclusive jurisdiction of the English Courts.
  26. The Customer accepts delivery of information from Vacancy Informer Ltd by email, Fax, Post, online.
  27. The Customer agrees to pay for any information ordered whether by Post, Fax, email, online.