Recruiters Terms and Conditions

If you wish to have details of your advert posted on our website (AFT Jobs), you must agree to the terms below as the exclusive basis for such inclusion which are deemed to be accepted by you when logging in to the website with a username and password supplied to you by AFT Jobs. 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 and (2) 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 such person as the User authorises to liaise with AFT Jobs, to post information to the Website.
1.2. “Advertising Agency” means a company who is advertising vacancies on the Website on behalf of a third party
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.
1.4. AFT Job’s Privacy Policy” means the Privacy Policy published on the Website, as amended from time to time
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 thereof.
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 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 any website owned or operated by AFT Jobs and any sub-directories and/or sub-domains thereof and any associated databases.

2. THE AGREEMENT
2.1. In consideration of the User complying with the provisions 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. WARRANTIES
3.1. AFT Jobs warrants that it shall perform its duties hereunder in a timely and professional manner and that all details which it holds in relation to the User shall be held and processed in accordance with AFT Job’s Privacy Policy and AFT Job’s Data Protection registration and shall not be sold to any third party.
3.2. AFT Jobs does not warrant that:
3.2.1. the provision of the Services will be uninterrupted or error-free; or
3.2.2. 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
3.3. 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.
3.4. Some of the functionality of the Service relies on utilisation of the more recent features of browser technology and security in order to perform correctly. AFT Jobs strongly recommends the use of the most recent production version of Microsoft Internet Explorer (with all updates applied) that has been widely used for the six months or either of the previous two versions and cannot guarantee that full functionality will be available to Users using older versions of Internet Explorer or browser software from other manufacturers.
4. WEBSITE CONTENT
4.1. 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 AFT Jobs or a third party).
4.2. AFT Jobs agrees that upon written notice from the User of any inaccuracies in the Material it will use reasonable efforts to rectify it.
4.3. The User warrants, represents and undertakes that none of the Material appearing on the User's section of the Website will:
4.3.1. 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; or
4.3.2. be in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); or
4.3.3. harm the reputation of AFT Jobs in any way.
4.4. The User warrants, represent and undertakes that:
4.4.1. either it has sole ownership of all Intellectual Property Rights in Material appearing on the User's section of the Website 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
4.4.2. it will ensure the accuracy, integrity, validity and completeness of any data or other Material, which it provides to AFT Jobs.
4.5. 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 4.3 or 4.4.
4.6. AFT Jobs rights under Clause 4.5 above shall be without prejudice to the sole responsibility of the User for content of Material and the User’s section of the Website under Clause 4.1. Posting of Material by AFT Jobs on the Website shall not under any circumstances constitute a waiver of any of its rights in relation to such Material or of any breach of the User’s obligations under this Agreement.
5. USER’S OBLIGATIONS
5.1. The User undertakes to notify AFT Jobs of the name and contact details of the Administrator and any changes thereto from time to time and to provide AFT Jobs with its authority to take instructions from that Administrator.
5.2. The User undertakes to secure and maintain copyright and other appropriate licences or consents where necessary for use of any Material, data or information provided to AFT Jobs pursuant hereto.
5.3. The User undertakes 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 undertakes fully to virus-check all data and Material supplied to AFT Jobs pursuant to this Agreement.
5.5. The User undertakes not to 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. INTELLECTUAL PROPERTY AND INDEMNITIES
6.1. Without prejudice to any Intellectual Property Rights owned by the User prior to this Agreement, the User agrees to waive and acknowledges that it obtains no ownership rights or claims to any Intellectual Property Rights whatsoever.
6.2. The User shall not copy (other than incidentally in the process of viewing), market, re-sell, distribute, retransmit, publish, carry on any automated browsing or downloading or otherwise transfer or commercially exploit in any form any information received via or in connection with the Services other than for the purposes of this Agreement
6.3. The User agrees to indemnify AFT Jobs against all damages, liabilities, costs and expenses which AFT Jobs may incur or sustain including the costs of defending any suit arising from the use of any Material or data provided by or on behalf of the User in relation to the Website or any act or omission by the User, its employees or agents
6.4. The User hereby grants a licence to AFT Jobs without charge to use its Intellectual Property Rights to the extent necessary for the purpose of this Agreement.
7. LIMITATION OF LIABILITY
7.1. AFT Jobs is not liable for any indirect loss, special loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by the User and arising in any way in connection with this Agreement or for any liability of the User to any third party.
7.2. AFT Jobs is not liable for any viruses uploaded to the Website by third parties or the User.
7.3. AFT Jobs is not liable for any errors, omissions or delays occasioned as a result of the Administrator failing to act or no longer being authorised by the User to act on its behalf.
7.4. AFT Jobs shall not be liable for ensuring that there is not any Material, data or information on the User’s section of Website, which is illegal or unlawful, obscene, defamatory or otherwise infringes any third party rights whatsoever.
7.5. AFT Jobs is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
7.6. None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of AFT Jobs or its appointed agents. 7.7. Subject to Clause 7.6, AFT Jobs maximum aggregate liability to the User under or in connection with this Agreement in respect of all claims whether such claim arises in contract, tort or otherwise shall not exceed a sum equal to the most recently paid Service Fee for the period in which the event giving rise to the relevant claim or claims occurred
7.8. The User agrees that it is in a better position than AFT Jobs to foresee and estimate any loss it may suffer arising out of or in connection with this Agreement and that the Service Fee and other fees have been set after taking full account of the limitations and exclusions in this Clause 7. The User is recommended to effect suitable insurance having regard to its particular circumstances and the terms of this Clause
7. 7.9. The User agrees to indemnify AFT Jobs from and against any claims or liability arising from content or links contained in any information provided by the User which appears on the Website.
7.10. The Parties agree that the User is the sole author of all Material on the User’s section of the Website or that it has obtained and maintains appropriate third party consents for such use and in particular the User shall not allow any person (other than its duly authorised employees) to use or have access to the User's section of the Website without the prior written permission of AFT Jobs. 7.11. AFT Jobs and the User shall use reasonably up to date virus checking software to ensure that the material does not contain any element which is designed to corrupt data or adversely impact upon the performance of computer systems including without limitation any virus, worm, logic bomb, disabling code or routines or expiration dates as these terms are generally understood within the computer industry.
7.12. Clicking on certain links within the Website might take the User to other websites and AFT Jobs shall have no responsibility or liability of any kind for the accuracy or content of any information or any other aspect of any such websites
vents outside of our control

7.13.This clause explains that we are not liable for events outside our control.

AFT Jobs will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any related contract between us that is caused by any act, event, non-happening, omission or accident beyond our reasonable control ("Force Majeure Event"), including (without limitation) the following:

-strikes, lock-outs or other industrial action;
-civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
-fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
-impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
-interruption or failure of utility service; including the impossibility of the use of public or private telecommunications networks; and/or
-the acts, decrees, legislation, regulations or restrictions of any government.
AFT Job’s performance under any Terms and Conditions or any related contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any related contract between us may be performed despite the Force Majeure Event.

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. Invoices for the Services will be issued one month in advance, payable within 14 days. Failure to pay an invoice within 30 days will result in the Services being made unavailable unless and until payment is made in full
8.3. All prices are exclusive of VAT, which shall be added where required.
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 be invoiced separately and are also subject to payment within 30 days.
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. TERMINATION
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 incapable of remedy or if the breach is remediable, 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. GENERAL
10.1. AFT Jobs shall be entitled to alter the provisions of this Agreement and the Services from time to time 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 10.1, these terms and conditions of business together with 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. 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 acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any Governmental or supra-national authority.
10.8. This Agreement shall be governed by the laws of England and Wales and the Parties submit to the exclusive jurisdiction of the Courts of England and Wales.
10.9. No term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999, as amended from time to time, by a person who is not a party to this Agreement.