CVquest

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These terms, together with matters set out elsewhere, form part of an agreement between you, the Recruiter, and ourselves, CVquest and set out the conditions under which you may access the Services available on this Site (the "Terms"). By accessing or using the Services on the Site you have indicated to us that you both understand and agree to be bound by these Terms. CVquest is a trading name of Newsquest Media Group.

Definitions
1. The "Candidates" means any person posting their career details on the Site.
2. "Agreement" means these Terms and the Rate Card and any additional terms or conditions made between us.
3. The "Services" means the service provided by us of allowing you access to career profiles held on the Site.
4. The "Site" means the area of the website providing CVquest services.
Terms
There may be other terms within the Site which relate to the use of such areas and these form part of the Terms of this agreement. We reserve the right to change the Terms or the Rate Card at any time and to notify you by publication on the website. It shall be your responsibility to check the Terms regularly and if you do not agree to any changes you should stop using the Services immediately.
Obligations of CVquest
We agree to use our reasonable endeavours to enable candidates the facility of placing their career details on the Site.
Your Obligations as the Client
You undertake and agree that:
1. You are over eighteen years of age and the details provided by are correct and complete;
2. You undertake to comply with the Data Protection Act 1998 or relevant legislation when dealing with the information from Candidates or us and will keep any such information confidential;
3. You will only use this service to contact candidates to discuss salaried job vacancies, and you will not use this service to:
  1. approach candidates offering commission only, work from home or pyramid selling vacancies.
  2. Attempt to sell services or products to candidates
Any contravention of any of the above will result in access being immediately revoked with no refund available.
Accessing the CV database
1. You will deal directly with the candidates in respect of the job vacancy and you acknowledge that we are not authorised to enter into any agreement with you on behalf of the candidate.
2. You shall supply us with the following information about the job vacancy : name, business, work to begin on, duration, type of work, hours of work, minimum rate of pay, payment interval (eg weekly/monthly), notice period (on either side), health/safety risks and precautions taken, qualifications/licence/skills required (including those required by law or any professional body) and job expenses payable to or by the worker.
3. You must keep confidential the CVs and other information about candidates you obtain from the CV database except for the strict purpose of placing the candidates in work with yourself (if you are a hirer) or with your clients (if you are an employment agency). You must not pass the CVs or other information to any other employment agency or employment business.
4. If you are acting as an employment agency, you confirm that you are a fit and proper person to act as such and comply with all relevant law, regulation and professional codes.
5. As the hirer, you confirm that you are aware of all the requirements imposed by law or any professional body in connection with the job vacancy. You agree that you will be responsible for checking the identity of the candidates and the existence, accuracy and validity of any qualifications/licences/authorisations or skills which are required for the job either by you or the operation of law or professional regulation.
6. In respect of job vacancies for au pairs, you confirm that the candidates will not be required to repay the fare from the candidates' home to the place of work ( or vice versa) out of money payable to the candidates.
7. In respect of any job vacancy requiring the candidates to occupy accommodation other than their home, you confirm that the candidates shall be hired as an employee within the meaning of section 230(1) of the Employment Rights Act 1996.
8. In respect of any job vacancy where the candidate will not be engaged as an employee within the meaning of section 230(1) of the Employment Rights Act 1996, you undertake to pay the candidates' return fare upon the work ending or if the work does not start.
9. You confirm that the candidates will not be offered any position on the basis that the candidates will be loaned money by the hirer or employment agency agent to meet travel or other expenses on terms that require the candidates to repay the lender a greater sum than the sum loaned.
10. You shall observe applicable health and safety law and regulation and instruct candidates engaged by you in accordance with such law and regulation.
11. You honestly believe all the information you have supplied to us in this agreement is true and you agree to indemnify us for any loss or damage falling on us as a result of your submission of false information or any failure or delay in the performance by you of your obligations under this agreement.
Liability
1. We do not verify or guarantee any candidates' details whether forwarded directly to you via the Site or otherwise. We do not accept any responsibility as to the suitability of any candidates and you will take up any reference provided by the candidates.
2. We shall not be liable to you:
  1. for the non-availability of the Site in whole or in part for any reason;
  2. in contract, tort (including negligence), statutory duty or otherwise arising out of or in connection with this Agreement for:
    - indirect, consequential or special loss or damage;
    - any loss of goodwill or reputation;
    - any economic losses (including loss of revenues, profits, business or anticipated savings)
    in each case whether notified of the possibility of such loss or damage or not.
3. Subject to 6d below, our total liability in any event in contract, tort (including negligence) statutory duty or otherwise arising out of or in connection with this Agreement in respect of each event or series of connected events shall not exceed twice the payment you make for the relevant Advertisement.
4. Nothing in this Agreement shall operate to exclude or restrict any liability either party may have for fraud, or death or personal injury arising from that party's negligence.
5. The Site is provided by us without warranty or guarantee except those expressly contained in these Terms or implied by law. You must bear the risks associated with the use of the Internet. We do not give any warranty that the Site or any connected website is free from computer viruses, cookies or any other malicious or impairing computer programmes and/or that the Site will operate uninterrupted and problem free.
6. You will indemnify and keep us fully indemnified against all claims, regulatory complaints, costs, proceedings, demands, losses, damages, expenses or liabilities whatsoever arising out of or in connection with your breach of these Terms.
Intellectual Property
1. The content of the Site is protected by copyright, trademark, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without our prior written permission.
2. No licence is granted to you to use any of CVquest's or its affiliated companies' trademarks including, without limitation, the trademarks CVquest and Newsquest.
Cancellation
We may cancel this Agreement immediately on giving notice to you by telephone, fax, e-mail or letter if:
1. you are in breach of this Agreement and such breach is not capable of remedy or you have not remedied it within seven days of receipt of notice from us;
2. you are bankrupt or insolvent, or you cease or threaten to cease to carry on your business;
3. you have been refused credit by another company in Newsquest Media Group.
Governing Law and Jurisdiction
English law shall govern these Terms and any matter relating to the Site and the English courts shall have non-exclusive jurisdiction in respect of them.
Miscellaneous
1. You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
2. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms which remain in full force and effect.
3. If you breach these Terms and we ignore it, we will still be entitled to exercise our rights and remedies at a later date or in any other situation where you breach the Terms.
4. Nothing in this Agreement shall give any rights or benefits pursuant to the Contracts (Rights of Third Parties) Act 1999 to any person who is not a party to it.