Terms and conditions
The Irish Times Executive Jobs Terms and Conditions
Please read this carefully and in its entirety because it sets out the terms of a legally binding agreement between you and The Irish Times DAC (“IT”).
These are the terms and conditions on which you may use The Irish Times Executive Jobs website, at http://execjobs.irishtimes.com and https://recruiters.irishtimes.com, and the content and services available through them (together, the “Site”).
If you do not agree with the terms and conditions you should not use the Site. If you have any questions please contact email@example.com.
References in these terms and conditions to ”we”, ”us” or ”our” refer to IT, the company which operates the Site.
These terms and conditions were last updated on 1 December 2015 and replace all previous terms and conditions for the Site. IT reserves the right to modify the terms and conditions at any time at its sole discretion and without notice to you. It is your responsibility to regularly review these terms and conditions for modifications. By continuing to use the Site, you agreed to be bound by the modified terms and conditions.
2. Operation of the Site
The Site is an online jobs board allowing:
- individuals to search for and view job advertisements ("Advertisements") posted by recruitment agencies, companies and other third parties (together referred to as "Advertisers”) and apply for positions contained in those Advertisements;
Individuals to save job searches, and receive job alert emails based on the information and job preference options that the individual selects from those available on the Sites; individuals to view and use other content, services and advertisements as may be made available on the Sites; and individuals to upload their CV, create employment profiles and upload such other employment and personal information to the CV database (“Profile”). The CV database allows Advertisers to search, view and purchase access to Profiles provided by individuals interested in employment opportunities (provided that the individual elects to make their Profile public and searchable by Advertisers).
Some products and services advertised by third parties on the Site may be subject to third party fees, and the IT is not responsible to you in respect of such services (please see Section 12). If you are asked to pay a fee to access job information by an Advertiser, please report this to us immediately by emailing firstname.lastname@example.org.
3. Access to the Site
To access the Site, you must do the following:
- Provide all equipment necessary to establish a connection to the Site;
- Provide for your own access to the Site and pay any connection and service fees associated with such access;
- Pay any fees, where applicable, as determined by IT.
4. Law and Jurisdiction
These terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. You and IT agreed to submit to the exclusive of jurisdiction of the Courts of Ireland. The place of performance of this agreement shall be Ireland.
5. No assignment, licence or transfer
No right may be assigned, licensed or otherwise transferred and no duty may be delegated by you under this Agreement except upon the written prior consent of IT. Any attempted assignment, licence, transfer or delegation without such consent shall be void and without effect. IT shall be entitled to assign this agreement. These terms and conditions shall be binding upon and shall inure to the benefit of the parties hereto.
If an arbitrator, court or other competent authority finds any provision of this agreement to be void or unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.
Any waiver (expressed or implied) by either party of any breach of these terms and conditions shall not constitute a waiver of any other or subsequent breach. No provision of these terms and conditions will be waived by act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such a provision and signed by you or by a duly authorised office of IT. In particular but without prejudice, failure by IT to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to prior in writing.
8. Compatibility and connection
You may browse the Site using a compatible web browser. IT may from time to time provide guidance on the compatibility of various web browsers, however it is and remains your responsibility to use and configure your web browser in order to browse the Sites effectively. You are responsible for providing and maintaining your own internet connection(s) and computer network and equipment as required in order to access the Sits.
9. Information required by Law
IT is required by law to provide you with the following information:
- irishtimes.com/jobs is a website address of The Irish Times DAC. The Irish Times DAC can be contacted through this website or at The Irish Times DAC, The Irish Times Building, PO Box 74, 24-28 Tara Street, Dublin 2.
- The VAT number of The Irish Times DAC is IE8L40281T
10. Modifications to Terms and Conditions
These terms and conditions were published on 1 December 2015 and replace with immediate effect all previous terms and conditions for the Site. By continuing to use the site, you agreed to be bound by any modified terms and conditions.
TERMS APPLICABLE TO INDIVIDUALS INVESTIGATING EMPLOYMENT OPPORTUNITIES (PARAGRAPHS 11 TO 16 INCLUSIVE)
11. Use of the Site.
Permitted Use: All intellectual property rights in any material (including text, images, trademarks and logos, but excluding any Profile created by you) contained in the Site is either owned by the IT or by third parties. You are only allowed to use the Site and the material contained in the Site as set out
in these terms and conditions. You may use the Site only for your own personal, non-commercial use. You may browse the Site, which includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser. You may print a copy of any page of the Site for your own personal purposes, provided you do not do any of the things set out below under the section “Restrictions on Use”.
Restrictions on Use: You cannot use the Site for any unlawful purpose or other than as set out in the “Permitted Use” section above. This includes (but is not limited to) that you cannot:
Share your user name and password with anyone else. A password is for one person’s use. Password sharing is a breach of our terms and conditions and is likely to result in an infringement of copyright; copy, publish, republish or redistribute full text articles in any way except where sharing by social media; archive or store any of the Sites for access by anyone other than yourself; create summaries, abstracts or other derivative works from the Site, except as permitted in the “Permitted Use” section above; photocopy or scan copies of articles or newsletters; remove the copyright or trademark notice from any copies of articles made under these terms and conditions; copy, replicate, reproduce, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or any Advertisements or other content posted on the Site in whole or in part in any way except where sharing by social media; compile or distribute material in violation of applicable laws; apply for positions for which you do not have the appropriate legal documentation including work permits; send, post, upload or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful; send or upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence; impersonate anyone else or otherwise misrepresent your identity or status; hack into the Site or any other related computer system, make excessive traffic demands, deliver viruses or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of IT or any third party. IT reserves the right, in its sole discretion, to refuse access to the Site to any person or class of persons for any reason including but not limited to inappropriate or excessive use or abuse of the Site or causing a nuisance to Advertisers, such reasons to be assessed by IT at its sole discretion.
If you wish to provide a Profile, you hereby acknowledge and agree that you grant to IT a worldwide, non-exclusive, royalty-free licence to use such Profile for the purposes of IT providing the Site and the Site’s services to you. You also grant to us the right to sub-license the rights in such Profile on a perpetual, worldwide, non-exclusive, royalty-free basis, to Advertisers and other third parties to use for their employment and recruitment related activities.
If you make your Profile publicly available on the Site, you warrant and represent to IT that your Profile and any additional information provided by you is accurate, true and correct. You also acknowledge and agree that: (a) if you make your Profile publicly available on the Site, Advertisers and other third parties (which may be unknown to you) will have access to your Profile (which will contain personal data and sensitive information about you); (b) you are granting permission for your Profile to be included in searches conducted by Advertisers; and (c) you may be contacted by Advertisers as a result. Unless you have selected the “confidential” option, the information contained in your Profile will be available for Advertisers to view.
All information received from you from your use of the Site will be used by IT in accordance with:
On registration, you must provide IT with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable Site registration pages. IT is entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, your user name will be the email address with which you sign up and you will choose a password. You are not allowed to share your username or password or give access to the Site through username or password to anyone else. IT may cancel or suspend your access to the Site if you share your ID, without further obligation to you. You may not create additional registration or subscription accounts for the benefit of others or with the aim
of avoiding our use of IDs to control access to and use of the Site.
You are responsible for all use of the Site made by you or anyone else using your username or password and for preventing unauthorised use of your username or password. If you believe there has been any breach of security such as the disclosure or unauthorised use of your username or password or any payment information, you must notify IT immediately by e-mailing us at email@example.com. We recommend that you do not select an obvious password and that you change it regularly.
If you provide IT with an email address that will result in any messages IT may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you promise that you are entitled to receive those messages. You also agree that IT may stop sending messages to you without notifying you.
If you are a registered user of or subscriber to the Site then you may choose to use the ”Remember me” log in feature that enables you to be logged in automatically to the Site whenever you visit the Site without having to manually log in each time. We recommend that you do not enable this feature on any computer that is or may be used by anyone other than you in order to prevent unauthorized access by third parties to both your registration and other details and features of the Site personal
13. Third Party Sites and Services
The Site and Advertisements may contain links to other internet websites or online and mobile services provided by independent third parties, including websites of Advertisers and sponsors (what we call “Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with IT and may include IT’s trademarks.
You may at your discretion contact Advertisers or other third parties identified on the Sites, including Advertisers or third parties referenced in any Advertisements posted on the Sites. However, IT is not responsible for, and is not obliged to monitor or exercise any control over, your contact with Advertisers or any other third party.
14. Advertisements displayed on the Site
IT may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the site may include but are not limited to banner ads, paid links, pop-up windows, buttons and sponsorships. You agree that we have a right to run such Advertisements and promotions. IT does not control the content of any services supplied by third parties, and the inclusion of content does not imply endorsement of the third party by IT or any association with that third party. Any correspondence or business dealing you may have with, or participation in promotions of, advertisers or third parties found through the Site and then any other representations associated with such dealings are solely between you and such advertiser or third party. You agree that IT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or else the result of the presence of such advertisers or third parties on the Site. In particular, IT does not warrant or guarantee at any time that you will receive any approaches from Advertisers regarding potential positions of employment and is not responsible for any such approaches you may receive.
15. Our Responsibilities To You
A summary of what this section means: This section is important and you should read it carefully.
It makes clear to what extent, if any, IT accepts responsibility (liability) to you for your use of the Sites or in respect of any third party products or services that we refer to or link to on the Sites. We accept no financial responsibility to you arising from your use of the Sites. In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any third party products or services. It is not commercially possible for us to accept more responsibility for your use of the Site than set out in this Section 16.
Limitations of Site and Site content: The Site and Site content (including any Third Party Site and Advertisements) are only for your general information and personal purposes and are not intended
to address your particular requirements. In particular, the Site, the Site content, Advertisements and any other content provided by third parties and distributed on the Site, do not constitute any form
of advice, recommendation, representation, endorsement or arrangement by IT. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific employment, engagement, or other decisions. Any agreements, transactions or other arrangements made between you and any Advertiser or third party named on (or linked to from) the Site are at your own responsibility and entered into at your own risk. Any information that you receive via the Site may have stopped being current by the time it reaches you.
What we promise: IT will try to develop and operate the Sites with reasonable skill and care and use reasonable efforts to promptly remedy any faults of which it is aware. This is the only promise we make in relation to our provision of the Site.
What we do not promise: by way of example, this means that the sites, site content and all advertisements are provided on an “as is” and “as available” basis. This means that it does not make any promises in respect of the sites, the site content or the content of advertisements or the services and functions available on or through the sites, or of the quality, completeness or accuracy of the information published on or linked to from the sites. to the fullest extent allowed by applicable law, it disclaims all warranties, representations, conditions and duties (except any duties of good faith) of any kind, including without limitation, any warranties of satisfactory quality, merchantability or of fitness for a particular purpose. it also does not make any promises as to the timeliness, security, performance or availability of the sites and does not provide any warranty or representation that the sites are free from infection by viruses or anything else that has contaminating or destructive properties. it further disclaims all warranties and representations as to the accuracy of any advertisements for any position of employment, or of any other information about a specific position of employment advertised, or about the general non-executive directorship market (including any implied term relating to quality, fitness for a particular purpose or compliance with any codes or laws relating to advertising, employment or discrimination).
The above disclaimers apply equally to your use of the sites and all site content and advertisements. Without limiting the above, it is not liable for matters beyond its reasonable control. it does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties. it is not liable to you (whether such liability arises due to breach of statute, tort (including negligence), breach of contract, or misrepresentation) for: (a) any failure by you to contact an advertiser of a position of employment or to secure a position or employment, loss of earnings or income, loss of profits, loss of business opportunity, damage to business, loss of data; and (b) any special, exemplary, punitive, incidental or condequential loss or damages of any kind.
Our financial responsibility to you:
If you incur any loss or damage as a result of using the sites outside the scope of, or other than in accordance with, these terms and conditions, it accepts no responsibility (liability) to you for this. The limitations of liability in this Section 15 apply for the benefit of it, its affiliates, and all of their respective officers, directors, employees, agents, successors and assigns.
Notwithstanding anything else in this Section 15, IT’s liability will not be limited in the case of death or personal injury directly caused by IT’s negligence in those countries where it is unlawful for IT to seek to exclude such liability.
16. The services provided by IT are intended to help you find the work that you are looking for. IT does not however introduce or supply candidates to Advertisers. You will not be charged by IT for using the Site.
TERMS AND CONDITIONS APPLICABLE TO ADVERTISERS (PARAGRAPHS 17 TO 55 INCLUSIVE)
17. These terms and conditions (the "Terms and Conditions") govern your agreement (“The Agreement”) with IT ("IT") for your use of the following services on the Site:
a. The Advertising Service
b. The CVmatch Service; and
c. The Jobmatch Service,
each as defined below. The Advertising Service, the CVmatch Service and the Jobmatch Service shall each be a “Service” and collectively known as the "Services". These terms and conditions shall apply to all of the Services except for where they are expressly stated to apply to one Service only.
The Advertising Service
18. The advertising service (the "Advertising Service") is the service provided by IT which allows recruiters (or the advertising agency or media buyer for such recruiter) to place and access Advertisements on, and to self-upload recruitment Advertisements to, the Site.
19. Advertisements for inclusion on the Site are accepted subject to these terms and conditions and the advertising terms and conditions which are available at: http://execjobs.irishtimes.com/terms-and-conditions/ (the "Advertising Terms"). In the event of any inconsistency between these terms and conditions and the Advertising Terms the Advertising Terms shall prevail.
The CVmatch Service
20. The CVmatch service (the "CVmatch Service") is the service provided by IT which allows recruiters to view, search, purchase and access CVs of candidates held on the IT Candidate database (the "THE IRISH TIMES Candidate database") via the Site.
21. As between IT and you, all intellectual property rights and all other rights in the CVs and the THE IRISH TIMES Candidate database shall be owned by and are retained by IT or its licensors. Subject to Paragraph 22 below, when you use the CVmatch Service, IT will license rights in the CVs purchased by you on a non-exclusive, worldwide basis as necessary to enable you to make reasonable use of the CVs and the CVmatch Service for the purpose of recruiting candidates, provided that you comply with (i) these terms and conditions and (ii) all applicable legislation. If IT is required to terminate this Agreement under Paragraph 50 or this Agreement ends, this licence will automatically terminate, except in respect of the CVs of candidates you have directly employed or who have sent their CVs directly to you.
22. You acknowledge that our provision of candidate's CVs to you is conditional on the candidates providing IT with a licence on such terms as will entitle IT to licence their CV on to you.
The Job Match Service
23. The job match service (the "Job Match Service") is the service provided by IT through which IT will, on behalf of the recruiter, contact suitable candidates, who have supplied their CVs to the THE IRISH TIMES Candidate database, with details of an Advertisement.
General Terms Regarding Access to the Services:
24. IT allows you to access each of the Services on the basis that:
a. you a bona fide recruiter, being either an employer or a recruitment agent acting for a recruiter;
b. your password is personal to you and may not be used by any third party to access any of the Services or otherwise shared with or disclosed to any third party. If you become aware that any third party has access to your password, you will immediately notify IT and IT shall provide you with
a new password as soon as reasonably practicable. You shall at all times ensure that your password is safe and secure;
c. you will not do anything which would assist anyone who is not a registered user of the Services to gain access to or misuse it;
d. you do not maliciously create additional accounts for the purpose of abusing the functionality of the Website or the candidates who have signed up to the Site, or other users nor do you seek to pass yourself off as another user;
f. if, for any reason, we believe that you have not complied with these terms and conditions or are abusing the Services in any way, IT may, at its discretion, cancel, suspend or otherwise restrict your access to the Services immediately and without giving you any advance notice.
25. General Terms Regarding Your Use of the Services:
You hereby warrant, represent and undertake to IT that:
a. You will only use the Services and any information you receive under the Services for your recruitment related activities;
b. Except as expressly permitted under these terms you will not sell, sub-licence, sub-contract or rent or any information you receive under the Services in respect of a candidate on the THE IRISH TIMES Candidate database to a third party provided that advertising agencies or media buyers for recruiters may sell, sub-licence, sub-contract or rent the information they receive under the Services to the specific recruiters who have engaged them ;
c. You will not create a marketing list (other than for jobs) for either your own use or to sell on to a third party using any information you receive under the Services in respect of a candidate on the THE IRISH TIMES Candidate database;
d. Your use of the Services will not be prejudicial to the image or reputation of THE IRISH TIMES, the Site or any other recruiters who use the Site;
e. In relation to obtaining, storing and using any personal data derived from your use of the Services or otherwise in connection with your use of the Services that you are registered with the Data Protection Commissioner’s Office (or you warrant that you are exempt) for the purpose of processing and controlling personal information and you have complied and will comply with the terms of the Data Protection Act 1988 and have and will comply with all relevant requirements of the e-Privacy Regulations 2011 (S.I. 336 of 2011) and any guidance issued by the Data Protection Commissioner; and
f. Without prejudice to the provisions of Paragraph 25e, you will keep all candidates' personal information confidential.
26. General Terms Regarding Your Use of CVs provided to You
In respect of CVs provided to you under the Services, you hereby warrant, represent and undertake to IT that you will:
a. not keep candidates' CVs on your database for longer than is necessary for your recruitment purposes; and
b. delete a candidate's CV from your database if they request you to delete it, within a reasonable time following such request.
Specific terms relating to the CVmatch service
Your Use of the CVmatch Service
27. You will not be able to view the CVs of any candidates unless you have created a new account or logged into your existing account on the Website. You will be able to view the public profile of the candidates CVs on the THE IRISH TIMES Candidate database. Once you have logged into your account you will only be able to view a candidate's contact details after you have purchased access to the candidate's CV and if you have received the relevant permission (where applicable). You will also be able to view CVs you have previously purchased via your account.
28. To purchase access to a candidate's CV you will need to submit payment by means of a valid credit or debit card or you will need to set up an invoiced account before your payment can be processed. Once we have validated your credit/debit card you can either: (i) pay for access to
a candidate's CV using your credit card or (ii) purchase credits for your account on the Website which will enable you to buy CVs using credits.
29. The applicable rates for individual CVs and/or bundles of CVs are set out in the rate card as at the date of purchase, which is available on the Website at: https://recruiters.irishtimes.com/pricing/ save where other rates have been expressly agreed between you and our sales team either in writing or over the telephone, using the contact details provided on the Website.
30. Please note that refunds are not available in respect of CVs purchased using the CVmatch Service.
SPECIFIC TERMS RELATING TO THE JOBMATCH SERVICE
Your Use of the Jobmatch Service
31. All Advertisements provided to IT by you under the Jobmatch Service will be only be accepted by IT provided you have complied with the provisions of Paragraphs 35 and 36 below.
32. Under the Jobmatch Service THE IRISH TIMES will send your Advertisement to candidates we have selected on our THE IRISH TIMES Candidate database who match your specified criteria. Please note that we cannot guarantee that such candidates will respond to your Advertisement.
33. The applicable rates for using the Jobmatch Service are set out in the rate card as at the date of purchase, which is available on the Website at: https://recruiters.irishtimes.com/pricing/ save where other rates have been expressly agreed between you and our sales team either in writing or over the telephone, using the contact details provided on the Site.
SPECIFIC TERMS RELATING TO THE ADVERTISING SERVICE
Access to the Advertising Service:
34. IT allows you access to the Advertising Service on the basis that, in addition to the provisions of Paragraph 32 above and the Advertising Terms, you will or you will ensure that the advertising agency or media buyer responsible for your advertising will:
a. be responsible for uploading your Advertisements. The publication of any Advertisement remains at IT's sole discretion and IT reserves the right without liability to you to make additions, amendments or deletions to the content of any Advertisement if such Advertisement is considered
to contain any unsuitable material or material which is contrary to these Terms;
b. grant us a non-exclusive, perpetual, royalty-free, worldwide licence to publish the Advertisements in any format, including without limitation print and electronic format; and
c. grant IT a royalty-free non-exclusive licence to publish the Advertisements and to use such of your names, trademarks and/or logos as IT may consider necessary in connection with the publication
of the Advertisements.
Your Use of the Advertising Services:
35. In addition to the provisions in the Advertising Terms you hereby warrant, represent and undertake to IT that, in addition to the provisions of Paragraph 25 above, you will or you will ensure that the advertising agency or media buyer responsible for your advertising will:
a. be responsible for ensuring that all information in relation to any Advertisement is correct including the content of the Advertisement, the duration for which the Advertisements should be available on the Site and the categorisation of the Advertisement;
b. not request bank details of financial information from jobseekers responding to an Advertisement.
36. In addition to the provisions in the Advertising Terms you hereby warrant, represent and undertake to IT that:
a. the Advertisements are not contrary to the provisions of any applicable law or regulation, are not libellous, blasphemous, racially inflammatory, offensive or obscene in any way and do not contravene any third party rights (including without limitation any intellectual property rights);
b. you have or will have obtained prior to uploading any Advertisements all necessary rights, consents, licences, clearances and waivers in relation to the Advertisements (and all content thereof) to enable IT to publish the Advertisements on the Site and, as between IT and you, you shall be solely responsible for any and all payments due to third parties as a result of such publication;
c. nothing contained in the Advertisements will constitute an invitation or inducement to engage in investment activity as defined by legislation;
d. all Advertisements submitted by you for publication online will be free of any viruses (meaning any computer code, programming instruction or set of instructions that is intentionally and specifically constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data files or hardware) and no Advertisement shall cause any adverse effect
in the operation of the Site such that the whole or part of such sites shall be wholly or partially unavailable to users;
e. you will not send directly or indirectly, a cookie (meaning a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that web server) to the device of any user of the Site irrespective of whether any such device has been enabled by such user to receive cookies;
f. in relation to an Advertisement the you contracts with the IT as a principal notwithstanding that the you may be acting directly or indirectly for the advertiser as an advertising agent or media buyer
or in some other representative capacity;
g. the reproduction and/or publication of the Advertisement by IT as originally submitted or as amended will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render IT liable to any proceedings whatsoever;
h. any information supplied in connection with the advertisement is accurate, complete and true;
i. in respect of any Advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, you have obtained the authority of such living person to make use of such name, representation and/or copy;
j. the Advertisement complies with the requirements of all relevant legislation (including without limitation the Employment Equality Acts 1998 to 2011 and any subordinate legislation and the rules of statutorily recognised regulatory authorities) for the time being in force or applicable in Ireland.
k. all advertising copy submitted to IT is legal, decent, honest and truthful and complies with all codes under the general supervision of the Advertising Standards Authority for Ireland.
37. The applicable rates for Advertisements are set out in the rate card as at the date of purchase, which is available on the Site at: https://recruiters.irishtimes.com/pricing/save where other rates have been expressly agreed between you and our sales team either in writing or over the telephone, using the contact details provided on the Site.
38. IT reserves the right in its sole discretion and without liability to you to remove or reject any Advertisement that it considers unsuitable or contrary to these terms and conditions and to remove or reject any Advertisement if you, or the advertising agency or media buyer responsible for your advertising, have not paid any sums due for any advertising on the Site. You shall remain liable for all sums due to IT in respect of the Advertisements. Any acceptance of an Advertisement by IT shall not be deemed to constitute an acceptance by IT that such Advertisement is provided in accordance with these terms and conditions and shall not constitute a waiver of IT's rights hereunder.
39. In respect of any Advertisement cancelled by you after the Advertisement has been uploaded, you will be liable for the full cost of the Advertisement.
FURTHER GENERAL TERMS FOR RECTUITERS
40. You will be required to make payment either through your invoiced account or by credit/debit card at the time you purchase one of the Services (unless you purchase credits on the Site in respect of the CVmatch Service). THE IRISH TIMES accepts the following cards: Visa, Mastercard, Solo and Maestro. All payments shall be made in euro and without deduction or withholding of any fund, other than as required by law. Rates for the Advertising Services and the Jobmatch Services are subject to addition of VAT and all rates are subject to the addition of other applicable sales or other taxes. Payment is subject to IT's payment terms which are: all new customers will be required to prepay unless credit terms have been approved following a satisfactory credit check. Credit application forms are available on request to firstname.lastname@example.org. IT's standard credit terms are for payment to be received as cleared funds by BACS payment on or before 28 days of the date of insertion/date of invoice. Any changes to the standard payment terms must be agreed by IT in writing. IT may charge interest on the amount outstanding up to 4% above the Bank of Ireland base rate.
Right of Audit
41. You shall, on request, provide IT and IT's auditors with all reasonable assistance and with access to your relevant personnel, premises, systems and records relating to this Agreement as may be reasonably required in order to verify your compliance with the terms and conditions.
42. IT shall provide at least two (2) working days' notice to you of IT's intention to conduct an audit.
43. In the event that IT's publication of the Site is restricted, curtailed or prevented by any applicable law or regulation or any other act or thing beyond IT's control, IT may terminate this Agreement forthwith (in whole or in part) without prejudice to IT's right to be paid any monies due as at the date of termination.
44. IT accepts no liability for any delay or disruption whilst using any of the Services or for any loss or damage to your account or any loss or damage caused by any error or technical fault in respect of the transfer of a CV from the Site to you.
45. IT does not guarantee the continued and uninterrupted availability of any of the Services and accepts no liability for any unavailability including without limitation due to technical errors or faults. In any event, IT shall have no liability for any failure or delay affecting the transmission of any Website, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of IT.
46. IT shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for any economic losses (including without limitation, loss of revenues or profits, contracts, business or anticipated savings), any loss of goodwill or reputation or any indirect or consequential losses (in each case whether or not such losses were within the contemplation of the parties at the date the order was placed) suffered or incurred by you arising out of or in connection with any matter hereunder.
47. For the avoidance of doubt, nothing in these terms and conditions shall operate to limit or exclude IT's liability for death or personal injury resulting from its own negligence or for fraud.
48. Candidates are solely responsible for the content of the CVs that they submit to IT. We accept no responsibility for the content of candidate CVs including without limitation any error, omission or inaccuracy.
49. You will indemnify IT and agree to keep IT indemnified on demand against all claims, costs, proceedings, demands, losses, damages, expenses or liability (including without limitation any consequential losses or loss of profit and any legal fees) whatsoever arising directly or indirectly as
a result of any breach or non-performance or non-observance of any of the representations, warranties or other terms contained herein or implied by law in accordance with these Terms.
Termination by IT
50. In addition to IT's rights under Paragraphs 24f and 43 of these Terms, IT may terminate your access to one or all of the Services with immediate effect if:
a. you are in material breach of these terms and conditions and you fail to rectify such breach within 7 days of our notifying you of your material breach; or
b. you become insolvent (including being unable to pay your debts as they fall due and/or that the value of your assets is less than the amount of your liabilities taking into account your contingent and prospective liabilities), proposes an individual, company or partnership voluntary arrangement, have a receiver, administrator or manager appointed over the whole or any part of your business or assets; if any petition shall be presented, order shall be made or resolution passed for your winding up (except for the purpose of a bona fide amalgamation or reconstruction), bankruptcy or dissolution;
if you shall otherwise propose or enter into any composition or arrangement with your creditors or any class of them, if you ceases or threatens to cease to carry on business or if you claim the benefit of any statutory moratorium.
Consequences of Termination
51. Subject to Paragraph 52 below, in the event IT terminates your access to the CVmatch Service you will or you are in material breach of the terms and conditions and you fail to rectify such breach within 7 days of our notifying you of your material breach:
a. Return all soft and hard copies of candidates' CVs in your possession and acquired by you from the CVmatch Service to IT within 2 days of receiving notification of termination; or
b. At IT's request destroy all soft and hard copies of candidates' CVs in your possession and acquired by you from the CVmatch Service and provide to IT a certificate of destruction signed by one of your directors confirming such destruction, within 7 days of receiving notification of termination.
52. You will not be subject to the provisions of Paragraph 51 in respect of any candidate of which you employ or who sent you his/her CV directly rather than via the tools provided on the Site.
53. As a recruiter with The Irish Times Executive Jobs, your details will be entered onto our customer database. We will use your details to communicate information about Executive Jobs services. If you do not wish to receive information about The Irish Times Executive Jobs services including changes to pricing and processes, you can unsubscribe by emailing us at email@example.com.
55. IT does not introduce or supply candidates to you and nor does IT have authority to act on your behalf. Details of all fees payable are set out above.