TECHNOJOBS GENERAL TERMS AND CONDITIONS OF SALE (GTCS)

Last updated on 17/01/2025

Definitions

A definition of terms used within this document:

“The Client” - Any person, business, organisation or company subscribing to the Technojobs Service under this Agreement.

“The Company” - Free-Work Group Limited (Company No. 05452221) T/A Technojobs, Suite 8, KD Tower, Cotterells, Hemel Hempstead, HP1 1FW

“The Website” - The Technojobs Internet site with the domain names ‘technojobs.co.uk’ and all associated network Websites

ARTICLE 1 - PURPOSE AND SCOPE

These general terms and conditions of sale or service provision apply, without restriction or reservation, to all services offered for sale by Free-Work Group Limited on its website Technojobs.co.uk (the "Website").

The services offered (the "Product(s)") on the site include:

  • - Posting of temporary contracts and/or job vacancies on www.free-work.com/en-gb,
  • - CV Database search features,
  • - Sale of advertising spaces, and directory listings.

Technojobs is a registered trademark of FREE-WORK GROUP LIMITED, headquartered Suite 8, KD Tower, Cotterells, Hemel Hempstead, HP1 1FW, United Kingdom, registered under the Company number 05452221. The Website is published by FREE-WORK GROUP LIMITED.

These Terms of Sale, together with the terms of any agreement/order form (the "Agreement Form") and any specification(s) ("Specification(s)") will apply (without limitation) to any agreement between us for the sale or hire of products or services to you ("Agreement"). Please read these Terms carefully and make sure that you understand them, before ordering any products or services from our Website or representatives.

We may amend these Terms of Sale from time to time as set out in article 4. Every time you wish to order products or services, please check these Terms to ensure you understand the terms which will apply at that time.

By placing an order on the Website or through one of our representatives, any natural or legal person fully accepts these general terms and conditions of sale. They are accessible at any time on the Website and will take precedence, where applicable, over any other version or the client's own purchasing terms or other conditions.

ARTICLE 2 - HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

You may place orders for products and services from us by confirming a booking by email or completing and signing an agreement form (the "Agreement Form") and returning this to us by email here (an "Order") or to your account manager's email address.

Your Order constitutes an offer by you to purchase products and/or services in accordance with these Terms of Sale, the relevant Agreement Form, the Websites’ Terms of Use and our Privacy Policy.

After you place an Order, you may receive an e-mail from us acknowledging that we have received your Order. However, the Order shall only be deemed accepted when we issue either a written acceptance of the Order to you by email or an invoice matching the corresponding Order Form, at which point the Agreement between us shall come into existence (the “Effective Date”).

The Agreement will expire upon the earlier of: (i) the expiration of one year from the Effective Date; or (ii) the expiration of the latest period of the product(s) and services being purchased by you from us as set out in the Agreement Form.

ARTICLE 3 - PRICES, PAYMENT METHODS, AND SECURITY

The Company shall render invoices to the Client detailing charges payable by the Client in respect of products and services provided by the Company, plus VAT as required by law.

Invoices are payable within 30 days from the issue date of each invoice unless differently agreed. Invoices can be issued once an agreement is agreed or as individually determined at the time of booking.

Current rates are stated before tax, with FREE-WORK GROUP LIMITED reserving the right to reflect any new taxes or rate increases. Prices are quoted in pound sterling. Payment for Services is made exclusively by bank transfer or payment card (VISA, MASTERCARD via SAGEPAY).

Invoices not fully settled by the due date for payment will attract interest at a monthly rate (or part thereof) of 8% above the Bank of England base rate for late payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

All charges payable are those specified in the Agreement Form and/or in the booking by email.

Any claim relating to the Services, their access, or their payment should be addressed either to FREE-WORK GROUP LIMITED or to the third party managing the payment system SAGEPAY.

ARTICLE 4 – OUR RIGHT TO VARY THESE TERMS

The Company may amend these Terms of Sale from time to time. Please look at the top of this page to see when these Terms of Sale were last updated. Every time you order products or services from us, the Terms of Sale in force at the time of your Order will apply to the Agreement between you and us.

Without limitation, the Company may revise these Terms of Sale as they apply to your Order from time to time to reflect changes in relevant laws and regulatory requirements.

ARTICLE 5 – YOUR INFORMATION

The Company will respect the Client’s information and undertake to comply with all applicable UK and EU data protection legislation currently in force. Other than as requested by law or as permitted by these Terms of Sale, we will not disclose your registration as a user of the Websites to any third party without your permission. We do not share personal information with third parties for marketing purposes.

In order to maintain the integrity of the Websites, we reserve the right to forward contact details to any regulatory authorities when requested to do so including the police. We may also forward contact details where a complaint arises concerning your use of the Websites and where that use is deemed to be inconsistent with these conditions.

ARTICLE 6 - INTELLECTUAL PROPERTY RIGHTS

All documents and information, in any form or medium, made available or provided to the Client remain the exclusive property of FREE-WORK GROUP LIMITED, the sole holder of intellectual property rights over these documents and information. The information, analyses, studies, and in general, all elements concerning the Services that are communicated, directly or indirectly, to the Client, whether in writing, orally, or by any other means, are protected information ("Protected Information").

The Client acknowledges that the originality, creation, and authorship of the Protected Information belong to the Company. The Company makes no representations or warranties as to the accuracy or completeness of the Protected Information and will not be liable for the Client’s use or non-use of said Protected Information.

ARTICLE 7 – OUR OBLIGATIONS TO YOU

The Company shall provide the Client with full and proper use of its job posting services. The Company, in its full discretion and with reasonable cause, reserves the right to withhold, edit, modify or require to be modified, any material submitted by the Client for job posting over the Internet in compliance with relevant codes of practice including all moral and legal obligations.

The Company also reserves the right to unpublish any job posts that it deems to be irrelevant or inappropriate.

The Company will endeavour to ensure that the Service will be uninterrupted and error-free, but does not make any such assurances nor does it warrant such accessibility and in particular does not accept liability for any inability to access the Service by reason of any failure or defect in the telecommunications links provided by third-party suppliers or by failures on the part of the Client or their equipment.

The Company shall have the right to make any changes to the products and services detailed on your Order which are necessary to comply with any applicable law, safety or other requirement.

ARTICLE 8 – YOUR COMMITMENTS

8.1 The Client shall submit artwork and/or graphics in the requested format for use on the Website and ensure that such material is transmitted to the Company prior to the date on which advertising is due to commence.

8.2 The Client agrees that the Company may advertise jobs through partner websites that the Company has approved. The Client will advise the Company if they do not wish their jobs to be advertised via third party websites.

8.3 The Client agrees not to post job listings whose content is not intended for IT and tech professionals. The Client agrees to respect our geographical focus, which is IT and tech employment in the United Kingdom, targeting an English-speaking audience. Our listings and advertising investments target only the aforementioned country, and we do not relay job offers for positions to be filled in other COUNTRIES and/or written in a language other than English.

The Client agrees to use accurate job titles in job postings, with only one job title allowed per posting. Listings containing multiple or non-job titles will be removed, and repeated violations may lead to account suspension. All job postings must represent genuine, existing opportunities provided by your clients for advertising purposes. If we suspect any postings are fake or fraudulent, we reserve the right to suspend your account without prior notice.

If the Client resells any job postings to third parties in violation of these GTCS, we reserve the right (in addition to our right to terminate this Agreement) to remove any or all such postings from the Websites and any affiliated websites.

8.4 CV Database Access provides clients with access to Technojobs' CV database which contains searchable CVs of job seekers. CV Database Access is for a single (or multiple), specified individual users under the direct control of the Client to access the CV Database through one unique username and password for the duration and type as set forth in the Agreement Form. The number of views will be specified in the sales order as CVDB credits. A CV view occurs when a CV is opened in the CV Database or is emailed or downloaded. Viewing a CV can be done, among other things, from the "Candidate Search" tab, from CV Watchdogs/email alerts, or from responses received to a job offer. Accessing our database is only permitted in the context of one or more specific recruitment efforts.

Customer agrees that it will use the CV database to search for candidates for specific live jobs with matching profiles and will not offer them any other services. The CV Database may also not be used to source candidates generally or to contact job seekers or CV holders in regards to any home-based business opportunities, fee-based business opportunities, contractor services or franchise opportunities. Any use for this will need to be specified upfront by a Client and agreed with Technojobs. Should the Client not specify this usage then the Client will be in breach of agreement and the contract (or “Sales Order”) cancelled immediately with no refund paid.

Any use of scripts, programs, and other automated procedures aimed at partially or fully collecting CVs from our database is prohibited. In all cases, we reserve the right to slow down, limit, or suspend access to the CV database if we can reasonably suspect that you are making abusive or fraudulent use of the CV database. The use of candidates' contact information can only be done within the context of recruitment for a specific position. Thus, collecting personal information (emails, phone numbers, etc.) is prohibited. Our members have an email address to report spam received: [email protected]. Any abuse of the use of our CV database will be prosecuted. As part of this commitment, the Company reserves the right to verify access points and codes.

8.5 The Client agrees to notify Technojobs promptly after the departure of any person to whom a username and password were provided for Technojobs to issue a new username and password for the replacement, upon notification to Client. Technojobs reserves the right periodically to change issued passwords upon notification to Client.

The client agrees not to share their login credentials, except in the case of a shared access arrangement with direct colleagues working in the same company at the same location (same IP sub-network) and authorised to conduct recruitment.

If additional users (other than named CV Database users) are accessing the CV Database, then such sharing will be a breach of this Agreement. If the Client shares access details with persons outside of their respective employment or Company than this is a breach of this agreement. Should this occur then the Client is liable to pay retrospectively for incremental CV Database Access based on the ratecard of a new Client accessing the CV Database. An invoice will be issued and will be subject to the standard payment terms.

Labor law and halde:
The Client agrees not to post job offers whose content would be contrary to good morals, public order, labor law provisions, or that would involve any kind of discrimination, including sexual, racial, or religious discrimination.

Obligation to write in English:
Regardless of the nationality of the author of the offer or the employer, any job offer for a position to be performed in the United Kingdom must be written in English.

ARTICLE 9 – CONFIDENTIALITY

You agree to keep all terms of our Agreement strictly confidential, including agreed pricing, user information provided exclusively to you, and any related negotiations or information. You must not disclose such information to any third party. Unauthorized disclosure or misuse of this confidential information would cause us significant harm. Therefore, in addition to any other remedies available, we are entitled to seek injunctive relief in such circumstances.

ARTICLE 10 - LIMITATION OF LIABILITY

All equipment required to establish an internet connection is the responsibility of the client. It is up to each client to procure, operate, and maintain the necessary computer hardware, software, and other equipment to use the Website and Products. All costs (telecommunications, computing, or otherwise) required, directly or indirectly, for the client's use of the Website or Products are exclusively the client’s responsibility.

Our CV database contains original CVs from candidates, and we cannot guarantee that they are 100% free from viruses or malware. Free-Work Group Limited will not be liable for the consequences of downloading and opening a CV in Word or PDF format containing viruses, macros, or any other type of malicious software.

The Client hereby agrees to indemnify the Company in respect of any or all claims in connection with this Agreement but specifically in respect of all liabilities the Company may incur arising out of the Client’s advertisements and in particular as a result of the publication of any defamatory statements or statements that discriminate in respect of race, religion, sex, age or disability.

The Client undertakes to indemnify the Company against any claims arising out of misuse of information supplied to the Client by the Company. The Company accepts no liability for any claim, loss or damage howsoever arising as a result of any material or information transmitted by a Candidate in respect of the advertisement via the System or otherwise.

The Company accepts no liability for any delay, costs, expenses, loss or damage arising from the failure of the Company to provide advertising services.

The Company shall accept no liability for accuracy of the text contained within banner advertisements and other text displayed on the Website. The Company will however make best efforts to ensure full accuracy of information advertised and make corrections where necessary.

The Company accepts no liability for loss or damage due to loss of copy artwork or other materials sent or claimed to have been sent by the Client.

When artwork is produced or supplied by the company for the client, this may not be reproduced or republished in any way – including conceptually - without prior permission of the company.

ARTICLE 11 - TERMINATION OF AGREEMENT

11.1 Any early termination will be at the discretion of the Company. There is no opportunity to cancel an agreement by The Client. An agreement may be defined as a signed order form, pre-payment, PO Number or email agreement.

11.2 Where the Client breaches any obligation (either contractual or statutory) in relation to this Agreement the Company reserves the right to suspend or terminate this Agreement (including access to the system) forthwith. In such circumstances, the Company accepts no liability for loss or damage caused to the Clients as a result of the termination of this Agreement but payment is still due.

11.3 Where either party exercises the right to terminate this Agreement in accordance with clause 10.1 or the Company exercises the right to terminate in accordance with clause 10.2, the Client will pay any outstanding fees owing to the Company within 7 days of the final day of Service without any counterclaim or set-off whatsoever.

11.4 Upon termination of this agreement by either party in accordance with clause 6.1, no refund will be due to the client unless at the discretion of the Company.

11.5 Where the Company terminates this Agreement under clause 6.2 the Company will not be obliged to refund to the Client any fees paid to the Company.

ARTICLE 12 - FORCE MAJEURE

For the purposes of the GTCS, force majeure includes any event outside the control and/or independent of the will of Free-Work Group Limited, such as, but not limited to, natural disasters, strikes, frost, fire, storm, flood, epidemic, supply difficulties, strikes or other labor disputes, malfunction or disruption of national or international communication networks affecting its service(s) due to its unforeseeable and irresistible nature.

In all cases of force majeure, Free-Work Group Limited is released from all liability, whether contractual or tortious, in respect of all warranties or any other basis, for any damage caused directly or indirectly by the force majeure event, and is therefore not liable for any damages or compensation for the total or partial non-performance of its obligations. Initially, the force majeure event will suspend the execution of the contract; if the force majeure event lasts longer than one (1) month, either party may terminate the contract by registered letter with acknowledgment of receipt.

Free-Work Group Limited also commits to doing its best to ensure the proper functioning of the Website but cannot be held responsible for internal malfunctions, bugs, or any other issues related to the Website or hosting. The Website is designed to work with the latest versions of the following browsers: Internet Explorer, Firefox, and Chrome. We do not guarantee proper functioning for Website use through other browsers, older versions, or mobile devices such as tablets or phones. The Client accepts the service as-is.

ARTICLE 13 - DATA PROCESSING OBLIGATIONS

We take data protection seriously and we have recently updated our Privacy Policy and Terms of Service to support changes in European data law; GDPR. Here is the link to our new Privacy Policy: https://www.technojobs.co.uk/privacy-policy.phtml

By using our Websites and services, you acknowledge and agree to comply with our Privacy Policy and your obligations as a data processor under this clause.

13.1 General Obligations

  • - Process Personal Data only as necessary for using our products and services, following our instructions, and in compliance with applicable laws, including the Data Protection Act 1998 (DPA), GDPR, and other regulations.
  • - Acknowledge that we are the data controller, and you are the data processor. Amend, transfer, delete, or provide Personal Data upon our request in the specified format.

13.2 Data Security

  • - Implement appropriate technical and organizational measures to protect Personal Data against unauthorized processing, loss, or damage. Notify us immediately of any breach or issue involving Personal Data.

13.3 Interaction with Data Subjects

  • - Cooperate fully with us regarding any complaint, request, or communication related to Personal Data. Collect Personal Data only when required, in the specified manner.

13.4 Disclosure and Transfers

  • - Do not disclose or transfer Personal Data to third parties or outside the EEA without our written consent, except as required by law.
  • - Restrict access to employees needing it for the agreed purposes, ensuring they are trained and comply with these obligations.
  • - Do not subcontract data processing responsibilities without our written consent and under equivalent terms.

13.5 Compliance and Indemnity

  • - Provide proof of compliance with these obligations upon request and allow inspections of systems related to data processing.
  • - Indemnify us against all costs, claims, or damages arising from your failure to comply with these obligations.

ARTICLE 14 - JURISDICTION AND ENFORCEABILITY

14.1 The agreement and all terms and conditions (both express and implied) shall be governed and enforced under English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

14.2 The invalidity or unenforceability for any reason of any part of these terms shall not prejudice or affect the validity or enforceability of the remainder.

Free-Work Group Limited
Hemel Hempstead, 27/09/2024
Suite 8, KD Tower, Cotterells,
Hemel Hempstead, HP1 1FW
England

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