RuralPro Jobs - Terms & Conditions

These are the Terms and Conditions for use of the RuralPro Jobs advertising service at www.alicedesoer.co.uk  ("Site") provided by Rural Response Limited (trading as Alice De Soer - Rural Response). Your use of the RuralPro Jobs advertising service will be subject to these Terms and Conditions.

1. Definitions

In these terms and conditions the following definitions shall apply:

"Customer" - the person or legal entity who submits a Job Advertisement Order to Alice De Soer - Rural Response whether an independent employer or a recruitment agency;

"Candidate" - means a user of the Site who replies to a Job Advertisement on the Site;

"Digital Format - means any internet site, application or other digital format operated, owned or controlled by Alice De Soer - Rural Response or any third party social media platform;

"Job Vacancy Advertisement" - means an advertisement published, reproduced or inserted in or on any Digital Format pusuant to a Job Advertisement Order;

"Job Vacancy Advertisement Order" - means any order for a Job Vacancy Advertisement submitted to Alice De Soer - Rural Response for the publication, reproduction or insertion of Material in or on any Publication;

"Material" - means any advertising material/ copy, artwork, photographs or other material provided by the Customer in connection with the Job Advertisement Order;

"Publication" - means any Digital Format;

"Publisher" - means the contracting entity set out on the invoice(s) submitted to the Customer by the Publisher, being Rural Response Limited (trading as Alice De Soer - Rural Response) whose registered office is Elm House, 10 Fountain Court, New Leaze, Bradley Stoke, Bristol, BS32 4LA;

"Services" - means the publication by the Publisher of a Job Vacancy Advertisement on the Site

"Site" - means the RuralPro Jobs webpages on the Alice De Soer - Rural Response website at www.alicedesoer.co.uk and such additional and replacement sites from time to time;

"Vacancy" - means a job vacancy which is advertised through the Site.

2. Publication of Advertisements

2.1 The Customer grants the Publisher an irrevocable, world-wide, royalty-free licence to reproduce, publish and republish the Job Vacancy Advertisement within the relevant Publication in accordance with the provisions of the Job Vacancy Advertisement Order.

2.2 The Publisher may reject, refuse, omit, postpone, cancel, or require changes to the whole or part of any Material, Job Vacancy Advertisement Order or Job Vacancy Advertisement submitted for insertion into a Publication at any time.

2.3 The Customer shall submit all Job Vacancy Advertisements to the Publisher in accordance with the Publisher's then current technical specifictions (as may be updated from time to time).

2.4 Save to the extent caused by its negligence, the Publisher shall not be responsible for any erroror omission in the insertion of any Job Vacancy Advertisement, or for any damage or loss of any copy, electronic files, data, drawings or other materials supplied for the purpose of a Job Vacancy Advertisement or any shrinkage or colour alteration that may occur during the normal course of production. 

 2.5 It is the Customer’s responsibility to ensure that all Job Vacancy Advertisements are correct, accurate and not misleading. The Publisher accepts no responsibility for any errors in a Job Vacancy Advertisement including (without limitation) any errors which arise as a result of any changes or alterations undertaken by the Publisher at the Customer’s request. 

2.6 The Publisher reserves the right, but not the obligation, to implement verification and security procedures in respect of all information provided by the Customer. 

2.7  The Publisher may, from time to time, post or share a Job Vacancy Advertisement on a third party job listing site or social media platform. In submitting an Advertisement, the Customerconsents to the Publisher doing so.

2.8   The Customer is solely responsible for: 

- ascertaining the identity of Candidates;

- verifying Candidates’ qualifications, skills, training and experience for the relevant Vacancy; and

- procuring from Candidates all other information required to determine the Candidate’s suitability for the relevant Vacancy.

3. Warranties

3.1 The Customer contracts with the Publisher as a principal and warrants and represents to the Publisher that:

• 3.1.1. it has full capacity and authority to enter into a binding contract with the Publisher on the provisions of these Terms and Conditions.
• 3.1.2. all information and Material supplied to the Publisher is true, accurate and not misleading,and nothing contained in it is liable to bring the Publisher or any Publication into disrepute;
• 3.1.3. the Material is not obscene, defamatory, fraudulent, misleading or libelous, and shall notgive cause, whether directly or indirectly, for any action to be brought against the Publisher for libel,fraud or publication of a false or misleading statement;
• 3.1.4. the Material will not infringe the intellectual property rights or any other rights(including without limitation any right of privacy or confidence) whatsoever of any third party or unfairly prejudice the legitimate interest of any third party by implication or otherwise;
• 3.1.5. the Material complies with, and the Customer shall use the Site in accordance with, all applicable legislation, laws, regulations and codes of practice (or similar) (including without limitation any applicable data protection, employment and discrimination legislation);
• 3.1.6. the Material complies with the Committee of Advertising Practice’s British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority or any successor body (as may be amended from time to time) and that without limitation all material included within anJob Vacancy Advertisement is accurate, legal, decent, honest and truthful;
• 3.1.7. it shall not represent to any third party that the Publisher in any way endorses the Customer, the Job Vacancy Advertisement and/or the Customer’s products or services;
• 3.1.8. it shall ensure that all Job Vacancy Advertisements submitted for publication are clearly recognisable as advertising and not designed to resemble editorial content. 
• 3.1.9. the Material shall not indicate an intention to discriminate, and the Customer shall ensure that all Vacancy specifications and any recruitment processes employed by the Customer do not discriminate, on grounds of sex, race, religion, political belief, disability, ethnic origin, age or sexual orientation (unless such a Job Vacancy Advertisement is exempted from any statutory requirements relating to such forms of discrimination and the Customer notifies the Publisher of the applicability of such an exemption at the time when the Job Vacancy Advertisement Order is submitted to the Publisher);
• 3.1.10. the Material shall not cause disruption to any computer, computer system, network or any Digital Format, and shall be free from viruses or malicious code;
• 3.1.11. the Material shall not be prejudicial or damaging to the reputation of the Publisher or the Publication;
• 3.1.12. it shall not without the prior permission of the Publisher embed any tracking device,cookies, beacon, floodlight or other technological device in or as part of a Job Vacancy Advertisement published on any Digital Format that enables the Customer to track or analyse the online behaviour of any user to which such Job Vacancy Advertisement is served;
• 3.1.13. it has all necessary rights, licences and consents (including where necessary regulatoryconsents and consents from persons or entities cited or quoted in the Material) needed to permit the Publisher to use, display, reproduce, insert or publish the Material pursuant to clause 2.1; and
• 3.1.14. the Customer shall not:
  • (a) endorse or support a particular political party, political agenda, political position orpolitical issue;
  • (b) endorse or support a particular religion;
  • (c) include more than one Vacancy on a single Advertisement; or

3.2. The Publisher warrants to the Customer that it shall use reasonable care and skill in carrying out its obligations under these Terms and Conditions. Except as otherwise expressly provided herein, all conditions, warranties, terms, prior representations, and undertakings express or implied, statutory or otherwise in respect of the services provided hereunder by the Publisher are to the fullest extent permitted by law expressly excluded.

3.3. Without limiting clause 3.2, the Customer agrees and acknowledges that the Publisher makes no representation or warranty:

• 3.3.1. that any publication of any Advertisement will be confined to persons resident in anyparticular legal jurisdiction(s);
• 3.3.2. as to the exact number of page impressions that will be delivered on specific dates during an online campaign;
• 3.3.3. as to the quality of reproduction of Advertisements in any of the Publications;
• 3.3.4. the exact layout and format of any Publications which shall be in the discretion of the Publisher;
• 3.3.5. as to the availability of any Digital Format

and in each case the Publisher accepts no liability to the Customer in respect of the same.

4. Data Protection

4.1 By placing a Job Vacancy Advertisement on the SIte the Customer agrees to the Publisher's Privacy Policy.

4.2 By providing information in a Job Vacancy Advertisement Order to the Publisher, the Customer agrees that such information will be considered non-confidential and will be viewed by other website users or third parties. The Publisher has the right to use, copy, distribute and disclose such information to third parties for any purpose.

5. Links

5.1 Links to other sites or resources provided by the Customer are provided for information only and the Publisher is not responsible for the availability or, or operation of, any such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials in relation to such other sites or resources or any loss or damage arising from their use.

6. Disclaimer and limitation of liability

6.1 The Customer agrees that its use of the Site  is on an "as is" and "as available" basis. Any information is placed on the Site without any guarantees, conditions or warranties as to its content or accuracy.

6.2 In no event shall the Publisher be liable (whether for breach of contract, negligence or for any other reason) for any direct, indirect or consequential loss or damage, foreseeable or otherwise, that may arise as a result of, but not limited to the following: (i) use of the Site, (ii) the Site being unavailable at any time or for any period, or (iii) the information posted on the Site or any use of it or reliance thereon.

6.3 Job Vacancy Advertisements are placed by the Customer and are not the responsibility of the Publisher. The Publisher does not warrant or guarantee at any time that the Customer will receive contact from prospective employees regarding advertisements for positions posted on the Site.

6.4 The Publisher will not be liable to the Customer for any breach of these Terms and Conditions which arises because of any circumstances which the Publisher cannot reasonably be expected to control to include the SIte being unavailable for any period of time.

 6.5 The Customer agrees to on demand fully indemnify and keep fully indemnified the Publisher, itsdirectors, agents and employees against any and all losses, liabilities, costs, claims, damages, demands,expenses and fees (including but without limitation legal and other professional fees) suffered or incurred bythe Publisher arising out of or in connection with:

• 6.5.1. any other breach of these Terms and Conditions by the Customer; or
• 6.5.2. any actual or potential infringement of a third party’s intellectual property rights;
• 6.5.3. the publication by the Publisher of a Job Vacancy Advertisement in accordance with a Job Vacancy Advertisement Order.

7. Suspension, modification and termination of Service

7.1 The Publisher may change the format and content of the Site and/ or Services from time to time.

7.2 The Publisher reserves the right to amend or withdraw the Services provided on the Site without notice.

7.3 The Customer acknowledges that there may be periods where access to or use of the Site or pages linked to it may be limited or impossible due to changes effected to the Site by way of ongoing development and improvement.

7.4 The Publisher may terminate the Services immediately in the event the Customer breaches any of these Terms and Conditions.

8. Charges and payment

8.1 The Customer shall pay the Publisher for all Job Vacancy Advertisements submitted to the Publisher (and which are accepted by the Publisher) in accordance with this clause 8.

8.2 The Customer will pay a charge of £175.00 plus VAT at the prevailing rate for each Job Vacancy Advertisement for an individual job vacancy displayed on the Site. The Customer agrees that this charge is for a period of two calendar months from the date the Job Vacancy Advertisement is posted on the Site or the close date for the submission of an application for the Vacancy, whichever date is the earliest. 

8.3 The Customer accepts that no discounts are available for placing multiple Job Vacancy Advertisements with the Publisher.

8.4 The Publisher shall invoice the Customer on receipt of a Job Vacancy Advertisement Order.

8.5 The Customer shall pay all invoices on receipt of the invoice.

8.6 The Customer agrees that the Job Vacancy Advertisement will not be posted on the Site until payment has been made to the Puiblisher in full.

8.7 The Publisher reserves the right to change the charge for a Job Vacancy Advertisement at any time and to publish amended charges on its Site.

8.8 The Customer agrees that the Job Vacancy Advertisement will be displayed on the Site for two calendar months from the date the Vacancy is posted on the Site or until the close date for the submission of an application for the Vacancy, whichever date is the earliest. 

8.9 The Customer agrees that the Publisher will remove the Job Vacancy Advertisement from the Site after two calendar months from the date the Vacancy is published on the Site or the day after the close date for the submission of an application for the Vacancy, whichever date is the earliest.

8.10 The Customer agrees to notify the Publisher if a Job Vacancy Advertisement should be removed from the Site on an earlier date than stipulated in clause 8.9 above. This can be done via email to alice@alicedesoer.co.uk.

9. General

9.1 With the exception of the Customer’s payment obligations, neither the Publisher nor the Customer shall be liable to each other for any failure to comply with the provisions of these Terms and Conditions as a result of any event beyond the reasonable control of either of them.

9.2 Any notice or correspondence required to be given under these Terms and Conditions may be sent to the other party at the addresses set out in the Job Vacancy Advertisement Order, or such other address as may be notified in accordance to the other party from time to time. Any notice so sent shall be deemed to have been duly given upon delivery at the address of the relevant party.

9.3 If any provision of these Terms and Conditions is held for any reason to be ineffective or unenforceable (in whole or in part) this shall not affect the validity or enforceability of the other Terms and Conditions set out herein, which shall remain in full force and effect.

9.4 A waiver by the Publisher of any breach if these Terms and Conditions will not be treated as a waiver of any subsequent breach of the same or any other provision by the Customer.

9.5 No third party shall have any rights to enforce these Terms and Conditions against the Publisher.

9.6. These Terms and Conditions (as amended from time to time in accordance with clause 9.8) shall constitute the entire agreement between the parties with regard to its subject matter and shall supersede all prior understandings, commitments and undertakings that either party may have given.

9.7 The contract between the Customer and the Publisher is personal to the Customer. The Customer may not assign, sub-license, sub-contract, transfer or charge the contract or any part of it without the prior written consent of the Publisher.

9.8 The Publisher may from time to time modify these Terms and Conditions or the Job Vacancy Advertisement charges by publishing any changes the Site. The Customer should check the Site before placing a Job Vacancy Advertisement Order since by placing an order for the insertion of a Job Vacancy Advertisement, the Customer agrees to be bound by any updates to such Terms and Conditions or Job Vacancy Advertisement charges.

9.9 No variation or addition to these Terms and Conditions without the prior written consent of the Publisher shall be effective unless agreed to in writing by the Publisher and any additional terms the Customer may seek to impose shall be void and/or unenforceable.

9.10 The parties do and shall, in the performance of their respective obligations under these Terms and Conditions comply at all times with all relevant laws, statutes and regulations applicable to their activities, including in particular all applicable laws and regulations concerning the prohibition of bribery, corruption, improper gifts and payments, at all times.

9.11 These Terms and Conditions are governed by the law of England and Wales and are subject to the exclusive jurisdiction  of the Courts of England and Wales.