Terms and Conditions

Terms and Conditions

  1. Information provided by Vacancy Informer Ltd is supplied in strict confidence for the Customers internal business use only.
  2. The Customer shall notify its employees and any other persons who come or may come into contact with the Information of the restrictions contained in these terms and conditions and the confidential nature of the Information
  3. In order to receive any Information, the Customer must have paid its Invoice in full
  4. 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 information; 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.
  5. Vacancy Informer Ltd shall be entitled to charge VAT at the current rate in addition to all fees payable here.
  6. All purchased credits are non refundable unless agreed specifically in writing by Vacancy Informer Ltd.
  7. 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 credits.
  8. 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
  9. The Customer acknowledges that the 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 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
  10. The Customer shall not commit or permit any act or omission that would impair Vacancy Informer Ltd proprietary and Intellectual Property Rights in the Information.
  11. Whilst Vacancy Informer Ltd attempt to ensure that the Information provided is accurate and complete, by reason of the immense quantity of detailed matter dealt with in compiling the Information and the fact that the data is supplied from sources not controlled by Vacancy Informer Ltd which cannot always be verified, as well as the possibility of negligence or mistake, Vacancy Informer Ltd  does not guarantee the correctness or the effective delivery of the Information and will not be held responsible for any errors therein or omissions or liabilities arising therefrom
  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
  16. 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.
  17. 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.
  18. 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
  19. All notices or consents given or to be given pursuant to this Agreement shall be in writing (which shall include 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 its business address stated overleaf or as last notified in writing to the other party
  20. 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
  21. 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 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
  22. Vacancy Informer Ltd may change these terms and conditions upon giving the Customer not less than 45 days written notice before change takes effect
  23. 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
  24. The headings contained in these terms and conditions shall not affect the meaning or interpretation of such terms and conditions
  25. The Customer shall not be entitled to withhold any payment due, or sum owing to Vacancy Informer Ltd for any reason
  26. 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
  27. 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
  28. The Customer accepts delivery of information from Vacancy Informer Ltd by email, Fax, Post, online
  29. The Customer agrees to pay for any information ordered whether by Post, Fax, email, online
  30. The Customer will define or receive a password and account designation 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. You agree to (a) immediately notify Vacancy Informer Ltd of any unauthorized use of your password or 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.

 

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