Terms & Conditions

Last modified: April 4, 2024

1. Definitions and Terms

User: A user of the Web Site, which may include Candidates and Clients.

Client: An individual customer who agrees to acquire online advertising services for employment from Automation JobSearch in accordance with these Conditions.

Site: The website located at www.automationjobsearch.com, providing opportunities to Candidates and made available to the Client as part of our online services.

Candidate: A natural person either utilizing or registered on the Site for job search purposes.

Company: Refers to Automation JobSearch Limited registered company number 15655625 registered in United Kingdom.

Services: The meaning given at clause 2.1.

Terms: These terms and conditions along with any schedules which are hereby incorporated.

2. Services

2.1. Company shall provide recruitment advertising services as agreed with Clients from time to time and further detailed in a Schedule of Services (“the Services”) which is incorporated into these Terms.

2.2. The Services may, but are not limited to:

2.2.1. The facility for Clients to advertise job opportunities on the Site, either on an ad hoc basis or through the use of job slots.
2.2.2. A dashboard page where Clients can review job postings, search CVs, and edit their company profile.
2.2.3. Screening of candidate applications and shortlisting of qualified candidates; and
2.2.4. Other services as may be agreed and detailed in a Schedule of Services.

2.3. Company will use its reasonable endeavors to provide Clients with the Services, but will not be liable to the Client for any interruption in the provision of the Services due to Site downtime.

2.4. It is the responsibility of the client to ensure that any products are reactivated prior to expiration. The Company will send a general reminder prior to expiration but is not responsible for arranging reactivation; all purchased products are automatically deactivated and removed from the site on the advertised expiration date unless reactivated by the client or extended by prior agreement with the Company.

3. Payments

3.1. Services will be charged, and Clients must pay all payments in accordance with the Schedule of Services or invoice.

3.2. Once a Client has engaged with the Company and payment has been received for the invoiced amount, the features of the agreed package will become available to the Client, and no sooner.

3.3. All payments for services, packages, and products are set at the stated Schedule of Services, unless otherwise agreed and confirmed in writing or via paper or electronic invoice by a representative of the Company.

3.4. Any discounted rates or agreement to pay payments by installments are:

Strictly conditional on the Client meeting its obligations under the Terms, in particular but not limited to timely payment of all payments, and
Valid only for the period agreed in the Schedule for Services.

3.5. The performance by the Company of its obligations under these Conditions is conditional upon the Client paying all payments as they fall due and not being in material breach of this agreement. If the Client fails to make any payment when due or otherwise materially breaches this agreement, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to suspend the provision of services under these Conditions until payment is made in full. Where the parties have agreed to payments by installments, full payment in accordance with this clause 3.5 shall include the current and remaining payments throughout the entire contract period.

3.6. All payments are in United States Dollars (USD) and are stated exclusive of VAT, which shall be added to the Company’s payments when and at the rate applicable.

3.7. A refund may be requested by the Client if a job listing fails to receive a satisfactory number of applications within the specified duration. Further details regarding the eligibility and procedures for refunds are outlined in our separate Refund Policy document.

4. User Responsibilities and Site Terms of Use

4.1. Users must abide by the Site Terms of Use as published on the Site and updated from time to time, which may include but are not limited to:

Users acknowledge that all copyright, trademarks, and other intellectual property rights in or arising from any material contained in the Site shall remain the exclusive property of the Company. Users who believe that materials hosted on the Site are subject to copyright infringement can report the information to the Company’s designated copyright agent. Refer to Clause 14 (DMCA Notice).
Clients must not reproduce, display, distribute, or otherwise use any of the contents of the Site for any public or commercial purposes and shall not use the contents of the Site in any other networked computer environment for any other purpose.
Clients must not transmit, distribute to or from, or store on the Site any material which is defamatory, obscene, threatening, abusive, or otherwise contravenes any applicable law or regulation.
Clients must not post on the Site any content which contains viruses or software that may compromise the security or function of the Site.
Clients must not access or attempt to access any data not intended for the Client or otherwise attempt to interfere with the Services provided to other Users.
Clients must not delete, duplicate, or revise any material posted by any other person on the Web Site without the prior written consent of the Company.
Users must not use any search engine, software, tool, electronic storage or retrieval device, agent, or other device or mechanism, including without limitation browsers, spiders, robots, avatars, or intelligent agents (collectively "Devices") that is not approved by the Company to navigate, search or store information from the Site. Approved Devices include those made available by the Company on the Site or other generally available third-party web browsers, e.g., Mozilla Firefox, Google Chrome, Microsoft Internet Explorer, or generally available search engines, e.g., Google or Bing.
Users must not attempt to decipher, edit, disassemble, or reverse engineer any software comprising or relating to the Site.
Users must not disclose its password to any third party without the prior written consent of the Company and shall immediately notify the Company of any unauthorized use of its password. A named user is defined as one unique individual user with one unique password.
Users shall comply with all applicable laws, rules, and regulations in connection with the use of the Site and Site-related services.
Users must not restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of "hacking" or defacing any portion of the Site.
Users must not sell or make available to any person not expressly licensed by the Company, whether via phone, fax, e-mail, mail, or any other medium, any of the Company services or any information obtained therefrom, including without limitation the candidate information.
Clients must not post any employment opportunities or requirements that are inaccurate or not available.
Clients must not allow job postings or employment requirements to remain posted on the Site for more than 24 hours after they are no longer viable or valid. To the extent that a position is placed on "hold" or is otherwise not available for immediate placement, the posting must be removed from the Site until such time as the position is a viable opening.
Clients must not place any contact information within a job posting that is different from or in addition to contact information provided when subscribing to the service.
Clients must not post any employment opportunity that does not contain a company URL, e-mail address, or "apply online" application.
Clients must not place any content within the job details of a job posting that directs Candidates to apply directly via an email address or any other method that circumvents the "Apply Now" link.
Clients must not attempt to gain priority placement of a job posting by overuse of keywords, terms, and definitions within a job posting.

5. Candidate Responsibilities and Privacy

5.1. Candidates acknowledge that it is their responsibility for the form, content, and accuracy of any material submitted to the Company for insertion on the Site.

5.2. Prior to disclosing any personal details of the Candidate to a third party, the Company agrees not to do so without obtaining the Candidate's prior written consent. Such consent may be obtained via email or telephone communication where the Candidate agrees to submit their CV to a specific Client for the purpose of applying for a role.

5.3. The Company agrees not to disclose to any third party details of the name, address, e-mail address, or any other information revealing the personal identity of the Candidate without the prior written consent of the Candidate.

5.4. By submitting an application for a job opportunity using the Site's internal application services, the Candidate grants the Company permission to disclose their details to the Client that posted the job opportunity and is a client of the Company. This may include the disclosure of personal contact details as found on the Candidate's CV and/or any details input by the Candidate on the Site.

6. Confidentiality

6.1. Both parties agree not to disclose any confidential information related to the business, operations, customers, employees, or suppliers of the other party or any affiliated companies, at any time.

6.2. Despite the obligations set out in this Clause 6, each party may share the other party's confidential information:

With its employees, officers, representatives, or advisors who need to know such information to fulfill the party's rights or obligations under this agreement. Each party must ensure that any such individuals comply with the terms of this Clause 6; and
When required by law, a competent court, or any governmental or regulatory authority.

6.3. Neither party shall use the other party's confidential information for any purpose other than to exercise its rights and fulfill its obligations under this agreement.

7. Limitation of Liability and Indemnity

7.1. The Company does not guarantee the accuracy, reliability, or completeness of any material on the Site. Users use the Site at their own risk. Specifically, the Company does not warrant the suitability of Candidates for employment or Clients as suitable recruitment consultants or employers.

7.2. Clients acknowledge that www.automationjobsearch.com serves as an advertising platform and cannot guarantee the level of response to advertisements or the number of CVs available through its services.

7.3. Except in cases of deliberate or negligent acts or omissions by the Company or its employees resulting in death or personal injury, the Company shall not be liable to the User, whether in contract or otherwise, for any loss, damage, or injury arising from or in connection with the provision of the Services or any claims by third parties.

7.4. The Company shall not, under any circumstances, be liable to the User in contract or otherwise for any indirect or consequential losses, including but not limited to loss of job opportunities, losses arising from unsuitable candidates, or any losses from lost or inaccurate data, business interruption, or otherwise.

7.5. Users are liable for and shall indemnify and hold harmless the Company, its employees, and agents against all liabilities, damages, costs, losses, claims, demands, and proceedings incurred or suffered, including consequential losses and loss of profits, arising directly or indirectly from any claims or demands brought against the Company by any third party. This clause does not apply to liabilities arising from any deliberate or negligent act or omission by the Company or its employees.

7.6. To the fullest extent permitted by law, the Company excludes all warranties, whether express or implied, including any warranties as to fitness for purpose of any materials posted on the Site or the reliability, completeness, or timeliness of the Services. No warranty is given that the Site will operate free of errors or viruses.

7.7. The Company is not responsible for the content of any materials on third-party websites linked to the Site. No representations or warranties are made regarding the content or accuracy of materials on such websites.

7.8. Users are responsible for obtaining and maintaining all necessary telephone, computer hardware, and other equipment needed to access and use the Site, as well as all related charges. Users assume all responsibility and risk for their use of the Site and any software, and their reliance on it. No opinion, advice, or statement from the Company or its affiliates, suppliers, agents, registered users, or visitors, whether made on the Site or otherwise, shall create any warranty. Users use the Site and any provided materials at their own risk.

7.9. Users acknowledge that the Company cannot and does not guarantee or warrant that files, including Content, available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for data accuracy and for maintaining a means external to this website for the reconstruction of any lost data. The Company assumes no responsibility or risk for users' use of the Internet.

8. Termination

8.1. The Company reserves the right to terminate the provision of Services to Clients immediately upon written notice under the following conditions:

The Client fails to make any payment due under these Terms. If such default continues for a period of seven (7) days after written notice of the default is sent to the Client.
The Client breaches any of these Terms, and such breach continues for a period of seven (7) days after written notice of the breach is sent to the Client.
The Client enters into any voluntary arrangement with its creditors, becomes subject to an administration order, or goes into liquidation.

9. Force Majeure

9.1 The Company shall not be liable to the Client or deemed to be in breach of any of these Terms due to any delay in performing or failure to perform any of the Services, if such delay or failure is caused by circumstances beyond the reasonable control of the Company. This includes, but is not limited to, factors affecting the operation of the Site, such as computer viruses, interruptions to power supply, or similar events.

10. Waiver

10.1. No waiver by the Company of any breach of these Terms by Clients shall be considered as a waiver of any subsequent breach of the same or any other provision.

11. Severance

11.1. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.

12. Notices

12.1. Any notice required to be given under these Terms shall be in writing and shall be served by sending the same by post to the registered office of or by email to the usual email address of the other party.

13. Governing Law And Jurisdiction

13.1. These Terms shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the exclusive jurisdiction of the Courts of England & Wales.

14. DMCA Notice

14.1. The Digital Millennium Copyright Act of 1998 (the "DMCA") offers remedies for copyright owners who believe that material posted on the Internet infringes upon their rights under U.S. copyright law. If a you (the User) has a good faith belief that materials hosted by us infringe on their copyright, they should provide the following written information to the Company’s designated copyright agent:

An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work that you claim has been infringed upon;
A direct link to, or a full description of, the location of the infringing material on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices and counter-notices must adhere to the then-current statutory requirements set forth by the DMCA; for more details, please visit http://www.loc.gov/copyright/. Notices and counter-notices related to the Site should be sent to the Company's data compliance representative at data@automationjobsearch.com.

15. Entire Agreement

15. The Company reserves the right to terminate the provision of Services to Clients immediately upon written notice under the following conditions:

The Client fails to make any payment due under these Terms. If such default continues for a period of seven (7) days after written notice of the default is sent to the Client.
The Client breaches any of these Terms, and such breach continues for a period of seven (7) days after written notice of the breach is sent to the Client.
The Client enters into any voluntary arrangement with its creditors, becomes subject to an administration order, or goes into liquidation.