Terms & Conditions
Employer Service packages (“the Employer Packages”) are currently available for purchase from Pearlstar Ltd (Reg No. 04142514). (“Jobsincornwall.co.uk”) of 151 Durnford Street, Plymouth, PL1 3QR on these Terms and Conditions. Other New Packages introduced or amendments from time to time to the current Employer Packages will, unless specifically notified in writing to thecontrary be subject to these Terms and Conditions.
These Terms and Conditions will exclusively govern any contract for sale that Jobsincornwall.co.uk enters into with you in relation to the purchase of an Employer Package. Please read them carefully before indicating your acceptance at the bottom.
For ease of reference in these Terms and Conditions: -
“Contract” shall mean a contract made between you and Jobsincornwall.co.uk in accordance with these Terms and Conditions for the provision to you of an Employer Package.
“Service” shall mean the services provided by Jobsincornwall.co.uk pursuant to an Employer Package;
“Web Site” shall mean the Jobsincornwall.co.uk web site.
“Intellectual Property Rights” means all intellectual property rights whatsoever (including all goodwill) in the Employer Packages or in the provision of the relevant Services and in any material or documents supplied, produced or created by or licensed to Jobsincornwall.co.uk in connection with the Employer Packages and in any of Jobsincornwall.co.uk‘s own or licensed trade marks or trade names.
“Due Date” means payment with order - no credit period allowed.If you wish to purchase an Employer Package then you must complete or have completed on your behalf with your full authorisation the on-line application form and indicate your payment details below. Jobsincornwall.co.uk will treat a completed on-line application form as acceptance by you of these Terms and Conditions and as an offer by you to purchase the Employer Package subject to these Terms and Conditions. Your offer to purchase an Employer Package shall only be accepted by Jobsincornwall.co.uk when Jobsincornwall.co.uk despatches an e-mail to you confirming acceptance of your order, stating that a Contract is concluded and confirming the date the Contract was concluded.
Subject to clause 8 below Jobsincornwall.co.uk will endeavour to commence provision of the relevant Service to you as soon as reasonably possible after a Contract is concluded. Any dates Jobsincornwall.co.uk specify for the commencement of the relevant Service are approximate only and time shall not be of the essence in relation to any such dates.
The specifications for each Employer Package are set out above. Jobsincornwall.co.uk reserves the right to change the specifications for the Employer Packages at any time. Jobsincornwall.co.uk shall not be required to provide any service to you which is not described in the specification of the Employer Package you select.
The current prices of the Employer Packages are shown on the website or are available on application. Jobsincornwall.co.uk reserve the right to increase the prices of the Employer Packages at any time and all such increases shall be posted on the website or be available on application. Jobsincornwall.co.uk is entitled to make adjustments to prices if due to an error or omission the prices published for an Employer Package on the website are wrong. Jobsincornwall.co.uk will inform you of the correct price and give you an opportunity to cancel the order and (if relevant) terminate the Contract. If Jobsincornwall.co.uk has taken payment from you then the relevant amount will be refunded.
Jobsincornwall.co.uk shall not be required to provide any Services to you at all until payment has been received in full from you. Jobsincornwall.co.uk may suspend provision of any Services to you if you fail to make payments when due at any time during this contract.
The price that you pay for an Employer Package shall (subject to clause 7) be the price shown on the website for the Employer Package at the time payment is due under these Terms and Conditions. You shall pay the price for the initial period of the Contract forthwith upon the Contract being concluded. As long as the Contract continues you will pay the relevant price on each anniversary of the date of the Contract (“the anniversary date”).
All prices quoted on the website or on application are exclusive of VAT. Payment with order, no credit period allowed.
Jobsincornwall.co.uk does not guarantee that use of the relevant Services will be uninterrupted or error free and you acknowledge that there will be periods of downtime and unavailability of the relevant Service. Jobsincornwall.co.uk has no control over the visitors to the website and undergoes no interviewing or vetting process whatsoever in relation to the visitors. It is your exclusive responsibility to satisfy yourself of the suitability of an individual for a vacancy.
The Intellectual Property Rights are and shall at all times remain the exclusive property of Jobsin.co.uk and its licensors. In so far as you are provided with any use of any of the Intellectual Property Rights as part of an Employer Package then you are licensed to use such Intellectual Property Rights only for the duration of the Contract and subject to these Terms and Conditions. The use of an Employer Package during the Contract is for your use only on your website at the address set out in the on-line application form and you shall not use the Employer Package for or on behalf of any other person , company or business whatsoever. You shall only use the Employer Package to advertise vacancies in your business.
Jobsincornwall.co.uk does not exclude its liability for death or personal injury or fraudulent misrepresentation.
Subject to clause 13 Jobsincornwall.co.uk shall have no liability whatsoever to you for any loss of profit, loss of business opportunity or other indirect or consequential losses.
Subject to clause 13 but notwithstanding any other provisions of the Terms and Conditions the total maximum liability of Jobsincornwall.co.uk to you arising out of or in relation to these Terms and Conditions whether in contract tort negligence or otherwise shall not exceed the monies you pay us from time to time.
The Contract between you and Jobsincornwall.co.uk, except where otherwise confirmed in writing, will continue for a period of 12 calendar months from the date that the Contract is concluded. The Contract shall continue thereafter until either you or Jobsincornwall.co.uk gives 3 month period of notice to terminate, such notice to expire no earlier than the end of the initial 12 calendar month period.
Jobsincornwall.co.uk may terminate the Contract forthwith by serving notice on you if you breach a material term of these Terms and Conditions or if you fail to pay any sums within 7 days of their due date.
If Jobsincornwall.co.uk terminates a Contract then you shall cease using the Employer Package forthwith and shall return to Jobsincornwall.co.uk any documents, materials or other information which is the property of Jobsincornwall.co.uk. Prices for use of the Employer Package are payable yearly in advance and if a Contract terminates partway through a year you shall not be entitled to any refund of the price you have paid in advance.
Jobsincornwall.co.uk confirms that any Affinity Group with whom they have entered into an agreement (subject to the terms of that agreement) will not be liable to the users for any losses suffered through the use of the service.
Failure by us to enforce any of these Terms and Conditions will not affect our right to enforce the rest of these Terms and Conditions.
Any notices to be served under clause 16 and 17 of these Terms and Conditions shall be in writing and shall be sent to the address of the recipient set out in these Terms and Conditions or in the on-line application form or such other address in England as the recipient may designate by notice given in accordance with the provisions of this clause. Any such notice shall be delivered personally or by first class pre-paid letter or facsimile transmission and shall be deemed to have been served if by hand when delivered, if by first class post 4 hours after posting and if by facsimile transmission when despatched.
You undertake to indemnify Jobsincornwall.co.uk plc. if you input or allow to be input any information which is obscene, blasphemous or defamatory or infringes any English law or regulation which adversely reflects on the public perception or image of Jobsincornwall.co.uk
Jobsincornwall.co.uk do not allow the re-selling of Employer Packages without their express written permission. Jobsincornwall.co.uk are entitled to terminate your contract immediately if they reasonably suspect that re-selling of Employer Packages has taken place.
The Contract shall be governed by the laws of England and Wales and any dispute will be resolved exclusively in the courts of England and Wales. Jobsincornwall.co.uk operate a complaints handling procedure which Jobsincornwall.co.uk will use to try to resolve disputes when they first arrive.