Terms and Conditions

Terms and Conditions
1.    ABOUT US

1.1.    AOC Create Limited (company number 02952696) ("we", "our" and "us") is a company registered in England and Wales and our registered office is at 2-5 Stedham Place, London, WC1A 1HU, United Kingdom. We operate the website at recruiters.aocjobs.com and www.aocjobs.com (“Website”). Our VAT number is 680929695. 

1.2.    To contact us, telephone us at 020 7034 2634 or email enquiries@aocjobs.com

2.    DEFINITIONS

2.1.    In these Terms, the following definitions shall mean:

“Charges” means the price payable for the Services and/or Job Advert you purchase.
“Data Protection Legislation” means the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003), the GDPR and all applicable binding laws and regulations relating to the processing of personal data and privacy, in each case as amended, supplemented or replaced from time to time.
“Expiry Date” means the date of expiry of the Services and/or the Renewal Services or part thereof. 
“GDPR” means the General Data Protection Regulation EU 2016/679, as applied, supplemented and/or modified by the laws of England from time to time.
“Job Advert” means an advertisement for a Vacancy purchased by you through our Website, the terms of which shall be determined by the particular advert purchased.  
“Licenced Products” means one of the 12 month licence products advertised on our Website from time to time.
“Personal Data” shall have the meaning set out in the Data Protection Act 1998 until the General Data Protection Regulation EU 2016/679 comes into force and shall thereafter have the meaning set out in such regulation.
“Renewal Date” means the day after the Expiry Date.
“Renewal Services” means Services relating to Licenced Products which have automatically renewed in accordance with clause 11.4. 
“Services” means the online job recruitment services, licences, products and bundles selected and purchased by the Client and where the context requires, shall include Renewal Services.
“Terms” means these terms and conditions
“User Content” means text, graphics and images uploaded onto our Website by you or your representatives via a Job Advert.
“Vacancy” means a job opportunity within your organisation. 
“You” means the member or organisation who purchases the Services under these Terms and “yourself”. 

3.    THE SERVICES

3.1.    These Terms and the documents referred to in them apply to your order and our supply of the Services to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, customer, practice of course of dealing. 

3.2.    You may purchase Services by either submitting an order through our Website or calling the AoC Jobs team on 020 7034 2634. You may purchase a Job Advert by following the prompts on our Website and posting a Job Advert. 

3.3.    In order to purchase Services and/or place a Job Advert on our Website, you will need to register an online account. We will provide an individual "User Account" for each of your nominated staff members and reference to “you” in these Terms shall be also be construed as reference to such nominated staff members. 

3.4.    In consideration of you paying the Charges and complying with these Terms, we will provide the Services and place the relevant Job Advert on our Website. 

4.    PAYMENT AND CHARGES

4.1.    The Charges are the price quoted on our Website at the time you purchase the Services. 

4.2.    We reserve the right to vary the Charges of Renewal Services prior to renewal but we will inform you of any change in the Charges at least two months prior to the relevant Expiry Date. 

4.3.    If you are a member of the Association of Colleges, unless you choose to pay in advance using your credit card, you must give us a purchase order and we will automatically send you an invoice for the Services and/or Job Advert you have purchased.

4.4.    Unless otherwise agreed, if you are not a member of the Association of Colleges, payment for the Services and/or Job Advert must be made upfront through our secure online payment system at the time of purchasing the Services and/or the Job Advert.

4.5.    If you have previously purchased Services which provide you with credits for Job Adverts, you will be able to use those credits to pay for your Job Advert when you follow the prompts on our Website.

4.6.    The Charges are exclusive of Value Added Tax which shall be payable at the applicable rates. 

4.7.    If you are paying for Services and/or Job Advert upfront or you are using your credits, we will take your payment at the point at which you submit your purchase on our Website. You can make payment using a debit or credit card. Following receipt of payment we will send you an electronic receipt and invoice for your records which confirms that payment has been made.

4.8.    If you not make payment for the Services and/or Job Advert upfront or you have purchased Renewal Services, we will issue you with an invoice for the Charges at the end of the month in which you made the purchase. Invoices must be paid in cleared funds within 30 days of the date of the invoice. 

4.9.    If you fail to make a payment under these Terms by the due date, then, without limiting our remedies under clause 11, you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 4.9 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

5.    CLIENT OBLIGATIONS

5.1.    It is your responsibility to:
5.1.1.    co-operate with us in all matters relating to the Services and/or Job Advert; and
5.1.2.    provide us with such information as we may reasonably require to provide the Services or to post the Job Advert.

5.2.    You agree to provide true, accurate, current and complete information about yourself in our Website registration form ("Registration Data") and maintain and promptly update the Registration Data as necessary to ensure it remains true, accurate, current and complete.

5.3.    You shall:
5.3.1.    ensure that you keep your account password, user identification and username confidential and shall not disclose it to any other person or organisation;
5.3.2.    be responsible for all activities that occur in your account;
5.3.3.    immediately notify us of any unauthorised use of your password or account or any other breach of security; and
5.3.4.    deal fairly and professionally with all candidates who respond to a Job Advert and not do anything which may bring us into disrepute.

6.    USER CONTENT

6.1.    You acknowledge and accept that it is your sole responsibility to ensure that the User Content you upload is accurate and complete. 

6.2.    If you place any User Content on our Website, you must have the right to do so. You warrant that you have or have procured all necessary rights and licences from all relevant third parties to use the User Content in the manner envisaged by these Terms. 

6.3.    You warrant, represent and undertake that none of the User Content appearing on our Website will:
6.3.1.    be unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
6.3.2.    infringe the rights of any third party, including, the intellectual property rights of a third party;
6.3.3.    breach any applicable laws, regulations, standard or codes of practice; or
6.3.4.    harm or risk harming our reputation or goodwill.

6.4.    We may remove and discard any User Content if we do not believe that it complies with these Terms.

6.5.    We reserve the right to modify the User Content in a Job Advert, for example by restructuring paragraphs or moving a Job Advert to the correct category. We will only notify you of changes if it materially impacts the Job Advert you have posted.

7.    LINKS TO OTHER SITES

7.1.    Our Website may provide links to other websites and content for your information and convenience. We have not verified the content of any such websites and we are not responsible for them.

8.    INTELLECTUAL PROPERTY

8.1.    Save in relation to User Content, all intellectual property rights in or arising of or in connection with our Website and the Services will be owned by us or our licensors. 

8.2.    You may not use any trade mark owned by us or trade name used by us without our prior written consent.

8.3.    You must not reproduce, copy, modify, sell, distribute, exploit, or provide links to any part of the content of this Website or the Services without our prior written consent.

8.4.    You retain ownership of all rights in your User Content and agree to grant us or procure the grant of a non-exclusive, worldwide, royalty-free, perpetual, licence to copy, modify use and distribute your User Content for the purpose of providing the Services and posting a Job Advert. 

8.5.    You may not copy, market, re-sell, distribute, publish or otherwise commercially exploit any information received in connection with the Services other than for the purposes envisaged by these Terms.  

9.    WARRANTIES AND DISCLAIMERS 

9.1.    We warrant that we shall perform the Services and duties under these terms in a timely manner and using reasonable skill and care. 

9.2.    We will also provide you with reasonable levels of support in relation to your use of the Services. In relation to 

9.2.1.    a Job Advert, we will provide up to 1 hour of support.
9.2.2.    Renewal Services, we will provide up to 10 hours of support.]

9.3.    Our Website and the Services are provided on an 'as is' and 'as available' basis and we do not warrant that the provision of the Services will be uninterrupted or error-free.

9.4.    We do not guarantee the accuracy, timeliness or completeness of the content provided on our Website or through the Services.

9.5.    Any material downloaded or otherwise obtained through the use of our Website or Services is done at your own risk. We do not accept liability for any damage to your computer system or loss of data that results from the download of any such material. We accept no liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Services.

9.6.    We do not guarantee that you will receive any response to your Job Advert or that responses will be from candidates suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and that they have the required qualifications and personal characteristics.

10.    DATA PROTECTION

10.1.    Both you and us shall comply with our obligations under Data Protection Legislation. In relation to your Personal Data, you acknowledge that we process such Personal Data as a joint controller (as defined in Data Protection Legislation).

10.2.    Each party shall provide reasonable assistance and comply with reasonable requests to enable the other party to verify and procure that it is in full compliance with its obligations under Data Protection Legislation. 

10.3.    We shall process Personal Data for the purpose of facilitating recruitment in accordance with our Privacy Policy which can be found here - https://recruiters.aocjobs.com/privacy-policy/.

10.4.    You warrant that you shall not remove or copy the details of any candidate made available via our Website unless you have you own legal basis for doing so under the Data Protection Legislation. 

11.    TERMINATION

11.1.    The duration of the Services and subsequent Renewal Services shall be the time specified on our Website at the time of purchasing the Services. 

11.2.    We may suspend or terminate your registration or your access to our Website and/or the Services or any part of them at any time and in our absolute discretion. 

11.3.    If you have ordered any Renewal Services, but you do not wish for them to renew, you must notify us in writing at least one month in advance of your Renewal Date. 

11.4.    If you do not tell us that you do not wish to renew Renewal Services in accordance with clause 11.3, the Renewal Services shall automatically renew for the same period in which they were initially purchased and if you do not tell us that you do not wish to renew your Renewal Services in accordance with clause 11.3, the Renewal Services shall automatically renew for a further period until such time as you tell us you do not wish to renew your Renewal Services.

11.5.    You may terminate your Services and/or Renewal Services by giving us notice in writing but you shall not be entitled to a refund. 

12.    OUR LIABILITY TO YOU

12.1.    Nothing in these Terms limits or excludes our liability for any matter which cannot be limited or excluded by applicable law. 

12.2.    Subject to clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
12.2.1.    loss of profits;
12.2.2.    loss of sales or business;
12.2.3.    loss of agreements or contracts;
12.2.4.    loss of anticipated savings;
12.2.5.    loss of use or corruption of software, data or information; 
12.2.6.    loss of or damage to goodwill; and
12.2.7.    any indirect or consequential loss.

12.3.    Subject to clause 12.2 our liability to you arising under or in connection with these Terms, whether in  contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the  Charges paid by you to us for Services during the 6 months preceding the event giving rise to the claim.

12.4.    Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.

13.    INDEMNITY

13.1.    You agree to indemnify and hold us and our affiliates in full against all costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses awarded against or incurred directly or indirectly in connection with or arising out of your breach or failure to comply with these Terms.

14.    CONFIDENTIALITY

14.1.    We each undertake that we will not at any time during the provision of Services, and for a period of three years after termination or expiry of the Services, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 14.2 and clause 14.3.

14.2.    We each may disclose the other's confidential information:
14.2.1.    to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under these Terms. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 14; and
14.2.2.    as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

14.3.    Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under these Terms.

15.    NOTICE

15.1.    When we refer to "in writing" in these Terms, this includes email.

15.2.    Any notice or other communication given under or in connection with these Terms must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

15.3.    A notice or other communication is deemed to have been received:
15.3.1.    if delivered personally, on signature of a delivery receipt;
15.3.2.    if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
15.3.3.    if sent by email, at 9.00 am the next working day after transmission.

15.4.    In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.5.    The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

16.    GENERAL

16.1.    Events Outside Our Control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control.

16.2.    Assignment and Transfer.
16.2.1.    We may assign or transfer our rights and obligations under these Terms to another entity
16.2.2.    You may only assign or transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3.    Variation. Any variation of these Terms only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

16.4.    Waiver. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

16.5.    Severance. Each clause of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.6.    Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

16.7.    Governing law and jurisdiction. These Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.

Last updated: 24/04/18