Terms and Conditions

WWW.MYSOFTJOBS.CO.UK

Terms and Conditions

Please read these Terms carefully, as they set out our and your legal rights and obligations in relation to the Site.

These Terms are divided into four parts:

Part A contains general terms relating to the use of our Site;

Part B contains special terms which apply to registered Jobseekers;

Part C contains special terms which apply to registered Recruiters; and

Part D explains the meaning of defined terms used in this document and contains other provisions relating to its interpretation.

By using our Site you agree to be bound by these Terms; and if you register as a Jobseeker or Recruiter, we will ask you to specifically agree to them.

PART A: GENERAL TERMS

(1) Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the Site and the Material on the Site. Subject to the licence below, all these intellectual property rights are reserved.

(2) Licence to use Site

You may view the Material, print the Material, and download the Material for caching purposes only, subject in each case to the limitations below and the Acceptable Use provisions.

You must not:

(a) republish the Material or show the Material in public;

(b) reproduce or store the Material in any electronic retrieval system (save for the purpose of caching);

(d) use the Material for any improper or unlawful purpose.

Notwithstanding anything else in these Terms, we reserve the right to restrict access to any area of the Site, or indeed our whole Site, at our discretion.

(3) Warranties: general

Whilst we endeavour to ensure that the information on the Site is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the Site remains available or that the Material is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including those implied by the law) relating to the Site and the Material and the unpaid Services.

(4) Limitations of liability: general

Nothing in these Terms shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, and insofar as the Site and the Material and the Services are provided free-of-charge:

(a) we will not be liable for any direct or indirect loss or damage arising in connection with the Site, the Material and the Services, whether arising in tort, contract, or otherwise;

(b) we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising in connection with the Site, the Material and the Services whether direct or indirect, and whether arising in tort, contract, or otherwise; and

(c) if, notwithstanding the limitations of liability above, we are found to be liable to you in connection with the Site, the Material or the Services, our liability is limited in relation to events occurring during any 12 month period to £100 sterling.

(5) Acceptable Use

You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site.

You must not use the Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site to copy, publish or send mass mailings or spam.

You must not use the Site to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English law or other applicable law.

We reserve the right to edit or remove any material posted upon the Site.

We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to the Site and/or any of the Services, or commencing legal proceedings against you.

(6) Trade marks

MYSOFTJOBS and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks on the Site are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(7) ID and password

If we provide you with a user name and password to enable you to access restricted areas of the Site or restricted Material or Services, you must ensure that that password is kept confidential. You accept responsibility for all activities that occur under your user name. We may disable your user name and password at our sole discretion.

(8) Variation

We may revise these Terms from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

We will not file a copy of these Terms specifically in relation to you. Obsolete versions of these Terms will not remain available on the Site and we do not undertake to retain or supply copies of obsolete Terms; we therefore recommend that you print and keep a copy of these Terms for future reference.

(9) Third party rights

These Terms are for the benefit of you and us, and the Terms are not intended to benefit, or be enforceable by, any other person. Our and your rights to terminate, rescind, or agree any amendments, variations, waivers or settlements under these Terms are not subject to the consent of any other person.

(10) Assignments

We may assign or transfer any of our rights or obligations under these Terms, in whole or part, without your consent – providing, where you are a consumer, that any such assignment or transfer does not serve to reduce the guarantees benefiting you under these Terms. You may not may assign or transfer any of your rights or obligations under these Terms, in whole or in part, without our prior written consent.

(11) Severance

If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

(12) Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Site, and supersede all previous agreements in respect of your use of the Site.

(13) Force Majeure Events

Where a Force Majeure Event gives rise to a failure or delay in us performing our obligations under these Terms, those obligations will be suspended for the duration of the Force Majeure Event.

(14) Law, jurisdiction and language

These Terms will be governed by and construed in accordance with English law, and any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England.

These Terms are available in the English language only.

(15) Our details

The full name of our company is Mysoftjobs Ltd and our registered office is at Inghams Accountants, Roberts House, 2 Manor Road, Ruislip, Middlesex HA4 7LA.

You may contact us by writing to Mysoftjobs Ltd, Regus, 400 Thames Valley Business Park, Reading, Berkshire RG6 1PT or by email to

We are registered in England under registration number is 05573903. Our VAT number is 919 7828 69 and our data protection registration number is Z1073291.

PART B: JOBSEEKERS

This Part B contains the additional terms which apply to Jobseekers.

(16) Jobseeker Agreement

In order to register as a Jobseeker, you will need to take the following steps: (i) go to “Candidates Login” on the Site home page; (ii) click on “Register Here”; (iii) complete your details as required (including your name, email address and password); (iv) tick the box to confirm that you agree to these Terms and our Privacy Policy; (v) click “Register Now”.

A Jobseeker Agreement incorporating Parts A, B and D of these Terms will come into force when you complete the process described above.

The Jobseeker Agreement will continue indefinitely, unless and until terminated by either party in accordance with the provisions of Clause 19.

If you make any error during the process of completing our registration form you should notify us by email to .

The Jobseeker warrants to us that he or she has full power and authority to enter into and perform the Jobseeker Agreement.

(17) Jobseeker Services

We may provide some or all of the following Jobseeker Services to the Jobseeker during the term of the Jobseeker Agreement:

(a) the facility to upload a CV and/or profile into the (searchable) Database, to enable Recruiters to search for the CV/profile, assess whether the Jobseeker may be suitable for a role, and contact the Jobseeker where appropriate;

(b) the facility to limit the disclosure of confidential information to Recruiters;

(d) a facility to enable the Jobseeker to receive email alerts, newsletters, notice of competitions, and/or other email notifications from us.

(18) Jobseeker Material

In respect of all Material that the Jobseeker posts on the Site, the Jobseeker grants to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such Material in any media, together with the right to sub-licence such rights.

The Jobseeker warrants that the Material the Jobseeker posts on the Site (and its use in accordance with these Terms):

(a) does not infringe any third partys rights (including without limitation Intellectual Property Rights, rights of confidence, rights of privacy or other proprietary rights) or give rise to any cause of action in any jurisdiction, whether against us and/or the Jobseeker;

(b) does not violate any law, statute, ordinance or regulation in any jurisdiction, (including the Advertising Codes of the Advertising Standards Authority);

(d) is not threatening, abusive, harassing or menacing;

(e) does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and

(f) does not otherwise breach the Acceptable Use requirements.

(19) Jobseeker indemnity

The Jobseeker will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by the Jobseeker of these Terms.

(20) Termination of Jobseeker Agreement

We may terminate a Jobseeker Agreement at any time by giving to the Jobseeker written notice of termination. The Jobseeker may terminate a Jobseeker Agreement at any time by deleting his or her account using the interface on the Site.

PART C: RECRUITERS

This Part C contains the additional terms relating to Recruiters.

(21) Recruiter Agreement

In order to register as a Recruiter, you will need to take the following steps: (i) go to “Recruiters” on our homepage; (ii) click on “Register NOW to upload unlimited jobs”; (iii) complete your company details as required (including company name, contact name, contact email address, contact phone number, and details of where you heard about the Site; (iv) tick the box to confirm that you agree to these Terms and our Privacy Policy; (v) the following: “I have read and agree to the My Soft Jobs Terms & Conditions and Privacy Statement”; (vi) click “Continue”; (vii) you will then get a message “Thank you for registering. Your details have been saved and someone will contact you shortly.”; (viii) we will endeavour to contact you within 24 hours to further your interest and registration.

A Recruiter Agreement incorporating Parts A, C and D of these Terms will come into force when you click “Continue” after accepting these Terms during the registration process.

The Recruiter Agreement will continue indefinitely, unless and until terminated in accordance with the provisions of Clause 28 or 29.

If you make any error during the process of completing our registration form you should notify us by email to .

The Recruiter warrants to us that it has full power and authority to enter into and perform the Recruiter Agreement.

(22) Recruiter Services

From time to time during the term of a Recruiter Agreement, the Recruiter may order a Plan and, where we accept the Recruiter's order for a Plan, we shall make available the relevant Recruiter Services to the Recruiter for the relevant period, subject always to the payment of any applicable Charges and the other terms of the Recruiter Agreement.

The Recruiter Services under a Plan may consist of some or all of the following services:

(a) the ability to post a specified number of Adverts on the Site;

(b) access to the Database via the Site;

(d) Section Sponsor status; and/or

(e) any other services set out on the Site from time to time.

Where the Recruitment Services available under a Plan must be used or will only be available for a particular period, we will specify this on the Site, or agree this with the Recruiter in writing.

The Recruiter undertakes to ensure that all Adverts published constitute an accurate and fair advertisement for a bona fide job.

The Recruiter will not access or attempt to access the Database, save in accordance with a Plan and for the sole purpose of seeking candidates to fill bona fide jobs; and the Recruiter will treat the information in the Database as confidential, and will not copy any information from the Database or record or retain any information from the Database or disclose to any third party any information from the Database.

(23) Charges and payment

Upon or following the order of a Plan, we will issue an invoice to the Recruiter in respect of the Charges applicable under the Plan, which invoiced amount the Recruiter must pay within 14 days of the date of the invoice by bank transfer to the account notified by us to the Recruiter from time to time.

Unless the context requires otherwise, all Charges stated on or in relation to the Site are stated exclusive of VAT (which will be payable by the Recruiter).

If the Recruiter fails to pay any monies to us upon the same falling due for payment, it will pay to us interest upon the relevant sum (as well after as before judgment) calculated at a rate equal to 8% above the base rate from time to time declared by HSBC Bank PLC from the date upon which the same fell due for payment until the date when payment is actually made. Such interest shall accrue on a daily basis and be compounded quarterly.

Without prejudice to our other rights, if the Recruiter is in breach of its obligations in this Clause 23, we may in our absolute discretion suspend any or all Recruiter Services under any or all Plans pending receipt of payment of the Charges.

(24) Recruiter Material

In respect of all Material that the Recruiter posts on the Site, the Recruiter grants to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such Material in any media, together with the right to sub-licence such rights.

The Recruiter warrants that the Material posted by the Recruiter on the Site (and its use in accordance with these Terms):

(a) does not infringe any third party's rights (including without limitation Intellectual Property Rights, rights of confidence, rights of privacy or other proprietary rights) or give rise to any cause of action in any jurisdiction, whether against us and/or the Recruiter;

(b) does not violate any law, statute, ordinance or regulation in any jurisdiction (including the Advertising Codes of the Advertising Standards Authority);

(d) is not threatening, abusive, harassing or menacing;

(f) does not otherwise breach the Acceptable Use requirements.

The Recruiter warrants that all its Adverts will relate wholly or primarily to Microsoft® technology -related jobs, and the Recruiter acknowledges that (without prejudice to our other rights hereunder) we may remove Adverts for non-Microsoft® technology-related jobs at any time without notice.

(25) Warranties: paid-for Services

We warrant to the Recruiter that it will perform the paid-for Recruiter Services with reasonable care and skill.

These Terms set out the full extent of our obligations and liabilities in respect of the paid-for Recruiter Services. Subject to the first paragraph of Clause 4, all conditions, warranties or other terms concerning its subject matter which might otherwise be implied into these Terms relating to the paid-for Recruiter Services are expressly excluded.

In particular, we do not warrant that the Recruiter will be receive any applications in relation to Adverts; nor do we warrant that the Database will hold the CVs or profiles of Jobseekers who may suit the positions that the Recruiter requires to be filled.

(26) Limitations of liability

Subject to the limitation in the first paragraph of Clause 4:

(a) we will not be liable for any indirect loss or damage arising in connection with Services the Recruiter has paid for, whether arising in tort, contract, or otherwise;

(b) we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising in connection with Services the Recruiter has paid for, whether direct or indirect, and whether arising in tort, contract, or otherwise; and

(c) if, notwithstanding the limitations of liability above, we are found to be liable to the Recruiter in respect of Services the Recruiter has paid for, our liability is limited in relation to events occurring during any 12 month period to the total amount of Charges paid (or if greater payable) to us in respect of that period.

(27) Recruiter indemnity

The Recruiter will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by the Recruiter of these Terms.

(28) Termination for convenience

We may terminate a Recruiter Agreement at any time by giving to the Recruiter written notice of termination.

(29) Termination upon breach etc.

Either party may terminate a Recruiter Agreement immediately at any time by written notice to the other party if:

(a) that other party commits any material breach of its obligations under these Terms; or

(b) that other party ceases to trade; or

(c) that other party becomes insolvent or unable to pay its debts within the meaning of the insolvency legislation applicable to that party; or

(d) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of the business or assets of that other party, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; or

(e) the ability of that other party’s creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that party’s creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(f) any process is initiated which could lead to that other party being dissolved and its assets being distributed to its creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction); or

(g) that other party (being an individual) dies, becomes incapable of managing his or her own affairs by reason of mental or physical illness or incapacity, becomes a patient under any mental health legislation, or is the subject of a bankruptcy petition or order.

We may terminate a Recruiter Agreement immediately at any time by written notice to the Recruiter if the Recruiter fails to make any payment of the Charges by the due date for payment.

(30) Consequences of termination

On termination of a Recruiter Agreement by us pursuant to Clause 28, or by the Recruiter pursuant to Clause 29:

(a) the Recruiter will be entitled to a (pro-rated) refund of any element(s) of the Charges paid to us in respect of the provision of Recruiter Services under a Plan during any period after the date of effective termination of the Recruiter Agreement (and we will calculate the amount of such refund using any reasonable methodology); and

(b) the Recruiter will be released from any obligation to pay such element(s) of the Charges.

Save as provided above, the Recruiter will not be entitled to a refund of any the Charges on termination of a Recruiter Agreement or otherwise, and will not be released from any obligation to pay Charges to us.

Upon termination of a Recruiter Agreement, the Recruiter's right to enjoy the Recruiter Services under any and all Plans shall immediately cease, and we may delete any Recruiter-related Material (including Adverts and Logos) from the Site without further notice.

For the avoidance of doubt, we may at any time terminate a Recruiter Agreement under Clause 28 where no Charges have been levied in respect of subsisting Plans under that Recruiter Agreement without incurring any liability to the Recruiter under this Clause 30 or otherwise.

Termination of a Recruiter Agreement will not affect the accrued rights and obligations of the parties at the date of termination, the continued existence and validity of the rights and obligations of the parties under Clauses 25, 26, 27 and 30, or the applicability of Parts A and D of these Terms to the continued use of the Site by the Recruiter.

PART D: DEFINITIONS AND INTERPRETATION

This Part D sets out the meaning of the defined terms used in the Terms (which start with a capital letter) and contains other provisions concerned with the interpretation of these Terms.

(31) Definitions

In these Terms:

“Acceptable Use” refers to the acceptable use requirements set out in Clause 5;

“Adverts” means job advertisements having a duration of 7 days submitted by the Recruiter for publication on the Site;

“Charges” means the amount or amounts payable by the Recruiter under a Plan or otherwise in consideration for the provision of Recruiter Services, as specified on the Site from time to time;

“Database” means the database of Jobseekers' profiles and CVs held us, which may be accessible to a Recruiter via the Site in accordance with a Plan;

“Force Majeure Event” means any event which is beyond the reasonable control of the affected party (including without limitation failures of or problems with the internet or a part of the internet, failures of ’s internet service provider or web host, power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars);

“Intellectual Property Rights” means patents, trade marks, rights in designs, copyright, database rights, inventions, trade secrets, know-how, confidential information and all other intellectual property rights and rights of a similar character in any part of the world (whether or not the same are registered or capable of registration) and all applications and rights to apply for protection of any of the same;

“Jobseeker” means a person who is registered as a jobseeker with the Site;

“Jobseeker Agreement” means an agreement between a Jobseeker and us incorporating Parts A, B and D of these Terms;

“Jobseeker Services” means the services to be provided to a Jobseeker in accordance with Clause 17;

“Logo” means a registered or unregistered trade mark submitted by the Recruiter for publication on the Site;

“Material” means all works and other material on the Site;

“Plan” means a package of Recruiter Services either specified on the Site or agreed with us in writing, provided by us to a Recruiter, whether provided in consideration of the payment of Charges or on a without-charge basis;

“Recruiter” means the employer or employment agency which enters into a Recruiter Agreement with us;

“Recruiter Agreement” means an agreement between a Recruiter and us incorporating Parts A, C and D of these Terms;

“Recruiter Services” means the services to be provided to a Recruiter under a Plan;

“Section Sponsor” means a person appointed by us to sponsor a particular section or sub-site of the Site, and to receive benefits agreed with us in writing in consideration of the payment of Charges agreed with us in writing;

“Services” means Recruiter Services and Jobseeker Services;

“Site” means the website available at www.mysoftjobs.co.uk and its related sub-sites and any successor website or websites operated by Mysoftjobs from time to time;

“Site Sponsor” means a person appointed by us to sponsor the Site, and to receive benefits agreed with us in writing in consideration of the payment of Charges agreed with us in writing; and

“Terms” means these terms and conditions and any amendments to them from time to time.

(32) Interpretation

References in these Terms to “we” or “us” mean Mysoftjobs Ltd.

References in these Terms to “you” mean the person using the Site or registered as a Jobseeker or Recruiter with the Site.

In these Terms, unless the context requires otherwise, a reference to:

(a) a document is a reference to that document as amended or replaced from time to time;

(b) a person includes a reference to a body corporate, unincorporated association, firm, association, joint venture, partnership or an individual; and

The ejusdem generis rule does not apply to the interpretation of these Terms, and accordingly the interpretation of general words in these Terms will not be restricted by words indicating a particular class or particular examples.

Clause headings will be ignored in the interpretation of these Terms.

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[24/10/07]