You must agree to the terms below to have your adverts posted on the AFT Jobs website.
You agree to the terms when logging in to the website with a username and password supplied to you by AFT Jobs.
This agreement is between: (1) AFT Jobs stand for Apply For Teaching Jobs under the legal registered name At Study Cloud Limited, registered in England, number 09292907, whose registered office is located at 83-85 Nelson St, London, E1 2HN (2)and Advertising Agencies making use of the AFT Jobs (hereinafter referred to as “the User” or “you” or “your”). (Each and “Party” and together the “Parties”) IT IS HEREBY AGREED THAT:
1. DEFINITIONS In this agreement, the following terms shall mean:
1.1. “Administrator” means that person as the User authorises to communicate with AFT Jobs, to post information to the Website.
1.2. “Advertising Agency” means a company or business who is advertising vacancies on the Website on behalf of a third party (another organisation)
1.3. “Agreement” means these terms and conditions of business including any sales order, schedule or annexure to them and any document referred to in them.
1.5. “Intellectual Property Rights” means all copyrights, patents, registered and unregistered design rights, trademarks and service marks, database rights, domain names and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
1.6. “Material” means text, graphics, images, sound, video or any combination mentioned previously.
1.7. “Sales Order” means the written order for Services that has been duly signed and agreed by both Parties or has been confirmed in eMail by the User and AFT Jobs.
1.8. “Service Fee” means payment for the Services as laid out in the Sales Order. (if applicable)
1.9. “Services” means the Services selected by the User from those indicated when signing up and in the Sales Order.
1.10. “The User’s section of the Website” means the section(s) of the Website containing the information relating to the User’s Vacancies/advertisements, recruitment tracking and procurement.
1.11. “Vacancy” means a current education based employment position and Vacancies shall be construed accordingly.
1.12. “Website” means www.aftjobs.com including any sub-directories and sub-domains thereof and any associated databases.
2. THE AGREEMENT
2.1. In consideration of the User complying with the terms of this Agreement and the payment of the Service Fee (if applicable), AFT Jobs agrees to provide the Services to the User.
2.2. The term of this Agreement shall last from the date of deemed acceptance of these terms and conditions of business (the “Commencement Date”) and shall continue thereafter (unless terminated in accordance with the provisions of this Agreement) until the Termination Date indicated on the Sales Order. For the avoidance of doubt, signing up to AFT Jobs constitutes to deemed acceptance.
2.3. AFT Jobs reserves the right not to offer or renew the Services to the User beyond the term of this Agreement.
3. WEBSITE CONTENT
3.1 The User recognises and accepts that it bears sole responsibility for checking the accuracy and content of all Material on the User’s section of the Website and for any Material or other information provided to AFT Jobs. For the avoidance of doubt, this clause shall apply to all Material, whether posted on the User’s section of Website by the User itself, or on the User’s behalf by another person (whether administrator, AFT Jobs or a third party).
3.2. AFT jobs agrees that it will make reasonable efforts to change to any information that is inaccurate once the user has given us written notice.
3.3. AFT jobs shall have the right at all times to refuse to provide the Service or any part thereof, posting any of the User`s Details on the Website and can stop the User from using the Website in the future where it reasonably believes that the User`s Details are incorrect or deliberately misleading and any message or notice in the opinion of AFT jobs under the laws of any jurisdiction from which it is possible to access the Website may:
3.3.1. be obscene, indecent, defamatory, illegal, illicit, infringing of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights) or otherwise unlawful under any jurisdiction from which the Website may be accessed;
3.3.2. be in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
3.3.3. harm the reputation of AFT jobs in any way.
3.5. The User warrants, represent and undertakes that:
3.5.1. what it publishes on the website it has sole ownership of all Intellectual Property Rights in Material and/or it has obtained and will maintain during the course of this Agreement full and effective licence(s) from all relevant third parties allowing the User to use relevant Material and to permit its dissemination worldwide by AFT Jobs hereunder; and
3.5.2. it will ensure the accuracy, integrity, validity and completeness of any data or other Material, which it provides to AFT Jobs.
3.6. AFT Jobs shall retain the right at all times to amend, modify or suspend the Website (or any part thereof) from time to time including without limitation refusal to provide the Service or any part thereof, refusal to post any Material (where the User requests its posting) and to suspend availability of the User’s section of the Website, place a prominent notice on the User’s section of the Website where an allegation of defamation or Intellectual Property Right infringement is made by a third party or place a link on the Website to another website containing the alleger’s version of events and/or to remove any Material already appearing on the User’s section of the Website which may, in the opinion of AFT Jobs not be in compliance with any of the provisions of Clauses 3.3 or 3.4.
4.2. AFT Jobs does not warrant that:
4.2.1. the provision of the Services will be uninterrupted or error-free; or
4.2.2. where it posts any Material to the Website such Material will be complete and accurate and accord with the Material submitted by the User or the Administrator
4.3. The warranty set out in Clause 3.1 is exclusive of and in lieu of all other conditions and warranties, either expressed or implied, statutory or otherwise, including without limitation those relating to satisfactory quality or fitness for purpose.
5. USER’S OBLIGATIONS
5.1. If the user’s details change it is the user that needs to inform AFT Jobs. If there are any inaccuracies of the user’s details the user will promptly notyify AFT Jobs.
5.2. The User will make sure to secure and maintain that all copyright laws are followed and other appropriate licences or consents have been taken where necessary for use of any Material, data or information provided to AFT Jobs.
5.3. The User will make sure to pay all taxes, fees, levies and duties whether for import or otherwise arising in any part of the world in connection with the User’s section of the Website.
5.4. The User will make sure fully to virus-check all data and Material supplied to AFT
5.5. The User will make sure they will not embark on any course of action, whether by use of the Website or any other means, which may cause a disproportionate level of Website activity without providing at least seven day’s prior notice in writing to AFT Jobs.
5.6. AFT Jobs shall be entitled immediately and at its sole discretion to remove any and/or all of the Users Vacancy postings it considers to contravene Advertising Regulations or the terms of business contained in this Agreement without AFT Jobs incurring any liability to the User whatsoever and accordingly the User acknowledges that they will have no claim against AFT Jobs in connection with any loss suffered by the User in such circumstances
5.7. If any information added by the User includes a link to another website it is the responsibility of the user to maintain that link and to ensure that the material being linked to does not breach the terms and conditions contained in this Agreement
5.8. The User further undertakes to:
5.8.1. ensure that, to the extent that it applies, it is registered under the Data Protection Act 1998, as amended from time to time, and complies with its obligations under that Act;
5.8.2. indemnify and keep AFT Jobs fully and effectively indemnified against costs, claims, damages, loss, expenses and liabilities incurred by AFT Jobs arising out of the User’s use of information on Personal Information and any breach of its obligations under this Agreement.
5.8.3. keep any password, user identification or user name or any other security mechanism or device confidential, only to disclose such items to members of its staff that require such information to use the Services; not to disclose any such items to any other person and to ensure that any person to whom it supplies any such item complies with the provisions of this Agreement.
5.8.4. obtain, operate and maintain all necessary computer hardware and software, modems and telecommunication links which it requires to access the Website.
5.8.5. access the Website solely for the purposes of using the Services and not otherwise.
5.8.6. maintain the confidentiality of the price/prices that is/are agreed between the User and AFT Jobs and to keep any negotiations or other information connected therewith in strict confidence and not to disclose such information to any third party. (if applicable)
6.1. The User agrees to indemnify AFT Jobs against all damages, liabilities, costs and expenses which AFT Jobs may incur or sustain including without limitation the costs of defending any suit arising from the use of any of the User`s Details or data provided by or on behalf of the User in relation to the Website or any act or omission by the User
7. LIMITATION OF LIABILITY
7.1. You expressly acknowledge and agree that AFT Jobs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity.
8. PAYMENT SCHEDULE (if applicable)
8.1. The termination date of the Services (the “Termination Date”) is indicated on the Sales Order and the User agrees to pay the Service Fees until that date is reached.
8.2 Payments will be taken upfront before adverts go live
8.3. All prices are inclusive of VAT.
8.4. From time to time Users may select additional services, upgrades or options that are not included as part of the Services. These additional services, upgrades or options will need to be paid upfront
8.5. Prices are confidential and may not be disclosed by the User.
8.6. An advertisement placed on the Website will remain live for time as selected by the User. Any extension of this time will be charged to the User as a new posting.
8.7. Any advertisements posted in addition to the agreed number of advertisements will be charged at a price based upon AFT Jobs standard prices as published on the Website unless otherwise agreed with the customer in writing on or prior to the Commencement Date.
9.1. Users wishing to terminate this Agreement before the Termination Date will be liable to pay the Service Fees from the Commencement Date to the Termination Date indicated on the Sales Order (if applicable). Either Party may terminate this Agreement with immediate effect by written notice to the other in the event that the other Party:
9.2.1. fails to pay any amount due hereunder (if applicable); or
9.2.2. breaches any term of this Agreement and such breach is not resolved or if the breach is solvable, it continues for a period of 30 days after written notice requiring the same to be remedied has been given to the Party in breach; or
9.2.3. an order is made or a resolution is passed for the winding up of the other Party; or
9.2.4. a provisional liquidator is appointed in respect of the other Party, an administration order is made in respect of the other Party, a receiver is appointed in respect of the other Party or all or any of its assets or if the other Party is unable to pay any of its debts within the meaning of Section 123 of the Insolvency Act 1986, as amended from time to time, or if any voluntary arrangement is proposed under Section 1 of the Insolvency Act 1986, as amended from time to time, in respect of the other Party.
9.3. Termination of this Agreement shall be without prejudice to any other rights or remedies of either Party.
10.1. AFT Jobs shall be entitled to alter the provisions of this Agreement and the Services from time to time and will contact by email to the Client or by displaying an update to these Terms and Conditions on the Website and, save for updates that are required by changes in law or regulation, such updates will take effect for any new Services and any renewals of this Agreement.
10.2. The User shall not assign, dispose of, sub-license, or otherwise transfer its rights granted by this Agreement without the prior written consent AFT Jobs.
10.3. The failure by any person to exercise or delay in exercising any right or remedy provided by this Agreement or by law shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies by any person. No single or partial exercise by any person of any right or remedy provided by this Agreement or by law shall prevent any further exercise of that right or remedy or the exercise of any other right or remedy by any person.
10.4. The Parties’ rights and remedies contained in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
10.5. Subject to Clause 10.6, these Terms and any other expressly incorporated document constitute the entire agreement between the Parties hereto relating to the subject matter hereof and neither Party has relied on any representation made by the other Party unless such representation is expressly included herein. Nothing in this Clause 10.5 shall relieve either Party of liability for fraudulent misrepresentations and neither Party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable
10.6. If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
10.7. Any delay or forbearance by either Party in enforcing any provisions of these Terms or any of its rights hereunder shall not be defined as a waiver of such provision or right thereafter to enforce the same.
10.8. Neither Party shall be liable for any loss suffered by the other Party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from “Force Majeure” acts or causes beyond its reasonable control or acts or regulations of any governmental or supra-national authority.
10.9. This Agreement shall be governed by the laws of England and the Parties submit to the exclusive jurisdiction of the Courts of England and Wales.
10.1. You can access our home page and browse our site without disclosing your personal data save information collected by cookies that we use (see below).
10.2. Your information (which includes your name, address and any other details you provide to us which concern you as an individual or organisation) may be processed by us
A cookie is a small piece of information created by your browser using information sent from a website so it can later be read back from that browser. This is useful for having the browser remember some specific information. When you visit some areas of our Website, a cookie may be used. We use a session cookie to verify who you are while using our Website and to enable you to more easily access our Services. We also use a small number of persistent cookies for example to enable you to more easily log on to the Website or to prevent you from having to see certain popup pages repeatedly when you have already seen them. The AFT jobs cookies can only be used by our Website. Cookies cannot be executed as code or deliver viruses. In order to access some areas of our site you must have cookies enabled. For more information see our cookies policy displayed on the Website.
10.4. Security measures
AFT jobs has implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss
All website design, text, graphics, the selection and arrangement thereof are Copyright (c), AFT Jobs trade as At Study Cloud Ltd, ALL RIGHTS RESERVED
10.6. Disclaimer of Warranty and Liability
You expressly acknowledge and agree that:
• Your use of the Services, and websites, is at your sole risk. AFT Jobs has made every effort to ensure that the content on the Websites and made available through the Services is accurate and up-to-date and correct at the time of publication. However, the Websites and the Services are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness, quality or fitness for purpose of the content provided on the Websites or through the Services or that use of the Websites will be uninterrupted, virus-free or error-free. No responsibility is accepted by or on behalf of AFT Jobs for any errors, omissions or inaccurate information on the Websites or available through the Services.
• The content on the Websites and made available through the Services is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, content of the Websites and Services do not address your particular circumstances and accordingly you should not rely upon the content of the Websites or the Services as a substitute for proper professional advice.
• AFT Jobs is not responsible for how the content on the Websites or available through the Services is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Websites or available through the Services.
• Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained by you from AFT Jobs shall create any warranty or other obligation not expressly stated in these Terms and Conditions.