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1. General The following terms and conditions ("Advertising Terms and Conditions") are deemed to be incorporated in full into each order for advertising or submission of content accepted by whatjobsite Limited: 2. About us and our business The Site is operated by on behalf of Whatjobsite Limited (in this document “Whatjobsite", “whatjobsite.com”, "we", "us", and "our”.) We are a company registered in England and Wales with the company registration number 5967315. Our registered office address is 2nd Floor, 145-157 St. John Street, London, EC1V 4PY. “Advertiser", "you" and "your” means the individual, partnership, company or other entity placing advertising or content with Whatjobsite. 3. Confidentiality 3.1 The provisions of the Advertising Order and all communications passing between the Advertiser or any of its agents and Whatjobsite are confidential and must not be disclosed to any third party except: (a) by the Advertiser to its qualified accountants or legal advisers; (b) by Whatjobsite to its qualified accountants or legal advisers; or (c) as otherwise agreed by the parties in writing or as otherwise required by law.
3.2 If the parties have executed a non-disclosure agreement prior to the date of this Agreement ("Non-Disclosure Agreement"), then: (a) the Non-Disclosure Agreement is hereby incorporated into this Advertising Terms and Conditions by reference whether or not it is attached to the Advertising Order; and (b) each party must comply with its obligations in the Non-Disclosure Agreement. 4. Copyright 4.1 We reserve the right to edit content and advertising submitted to Whatjobsite before being published by us. Copyright in the resulting content and advertising posted on our site is and remains with us at all times. Genuine Users enjoy a licence to copy and reproduce content and advertising advertised by us and you also enjoy a licence to reproduce content and advertising advertised by us for internal purposes and for dealing with genuine users but you are not permitted to copy or reproduce advertisements published by us (or to purport to authorise others to do so) for any other purpose without our specific prior approval in writing. 4.2 The Advertiser grants to Whatjobsite the express right to reproduce throughout the world screen shots of all or part of any Whatjobsite property containing all or part of any of the advertising materials supplied by the Advertiser to Whatjobsite on or in any promotional or advertising material or campaign promoting or advertising Whatjobsite 5. Submission and content of content and advertising Unless otherwise agreed in writing by Whatjobsite, advertising copy must be transmitted to Whatjobsite by email. 6. Advertisers Representations; Indemnification 6.1 Advertising submitted must comply with all laws and ethical rules to which the Advertiser is subject and the Advertiser warrants and represents to Whatjobsite that: 6.1.1 You have the right to publish all of the contents of the advertisements, and can grant to Whatjobsite such right, and that such publication will not: (a) infringe any rights of any third party including, without limitation, intellectual property rights and rights of privacy; and (b) violate any applicable law or regulation. 6.1.2 The advertisements do not contain anything that is defamatory, obscene, false or misleading. 6.1.3 You have complied with the codes of practice issued by the Committee of Advertising Practice in the UK or the Advertising Standards Authority for Ireland as applicable and all other relevant industry codes of practice. 6.1.4 Unless the Advertiser is an "authorised person" within the meaning of the Financial Services and Markets Act 2000 ("the Act"), you agree that the advertisement submitted pursuant to the Advertising Order either: (a) does not constitute an invitation or inducement to engage in investment activity within the meaning of the Act; or (b) has been approved by an "authorised person" within the meaning of the Act or is otherwise permitted under the Act and the Advertiser has expressly notified Whatjobsite in writing of this. 6.1.5 The Advertiser does not collect or use personal information through its Advertisements on any Whatjobsite property without permission from the user. The Advertiser may not combine, co-mingle, compare or match any information that they legally collect via its Advertisements on any Whatjobsite property with any personal information, clickstream or cookie information that they may have. 7. Publication of Advertising 7.1 All contents of advertisements are subject to Whatjobsite's approval. Whatjobsite does not undertake to review the contents of any advertisements and any such review of and/or approval by Whatjobsite will not be deemed to constitute an acceptance by Whatjobsite that such advertisement is provided in accordance with these Advertising Terms and Conditions nor will it constitute a waiver of Whatjobsite's rights hereunder. Whatjobsite reserves the right at any time in its absolute discretion to: 7.1.1 Alterations and corrections: We may make whatever amendments we consider appropriate or necessary in the course of editing all advertising published on our site in order to maintain a high quality of presentation and to aid keyword searching by web site visitors. Editing of content and advertising submissions will take place without prior consultation with the Advertiser. 7.1.2 Positioning: Except as otherwise expressly provided in the Advertising Order, positioning of advertisements within the Whatjobsite properties or on any page is at the sole discretion of Whatjobsite, and Whatjobsite will not be prohibited from also carrying advertisements for any product or business competitive to the product or business of the Advertiser. 7.1.3 Right to Reject Advertisement: Whatjobsite in the interests of maintaining the quality of its web site reserves the right to refuse publication of content and advertising submissions without providing any reason to Advertiser and also to remove any advertisement from any of the Whatjobsite properties or any page. 7.2 Renewal
Except as expressly set out in the Advertising Order, any renewal of the Advertising Order and acceptance of any additional advertising order will be at Whatjobsite's sole discretion. The rates applicable to such renewal period (if any) are subject to change by Whatjobsite from time to time in its absolute discretion. 7.3 Cancellations by Advertiser
The Advertiser cannot cancel the Advertising Order. No conditions other than those set forth in the Advertising Order or these Advertising Terms and Conditions will be binding on Whatjobsite unless expressly agreed to in writing by an authorised representative of Whatjobsite. In the event of any inconsistency between the Advertising Order and these Advertising Terms and Conditions, these Advertising Terms and Conditions will prevail. 8. Advertising rate 8.1 Advertising: Other services will be charged at rates agreed with the Advertiser. 9. Billing and payment terms 9.1 Terms: Advertising purchased in advance will not be published until payment is received by us in full. In other cases, Advertisers will be billed in arrears. Payment is due within 7 days of the invoice date unless otherwise agreed by Whatjobsite in advance of publication. 9.1.1 The Advertiser must have paid any outstanding invoices before the advertising will appear on Whatjobsite. 9.1.2 The Advertiser must pay at the rates prescribed by applicable law all VAT (and all similar sales tax (if applicable)) on the amounts due under this Advertising Order. 9.1.3 The Advertiser represents and warrants that it contracts with Whatjobsite Limited as principal, and has the authority to do so, notwithstanding that the Advertiser may be acting as an advertising agency or media buyer or in some other representative capacity. 9.2 Late payments: We reserve the right to charge interest on late payments, calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, plus any costs of debt recovery including commissions paid to debt collectors, legal fees and Court costs. 9.3 Suspension of account: Whatjobsite may suspend an Advertiser’s account and withdraw or refuse publication of all content and adverting where the Advertiser’s account is in arrears. Any fees for advertising under contract will continue to accrue during the period of suspension and remain payable, regardless of the volume of advertising published during the period. 10. Warranty and Indemnity 10.1 Advertiser warrants to Whatjobsite that advertising submitted is accurate complete and true in all respects and that the publication of the advertising and the reproduction of the whole (or a substantial part of) the text submitted will not breach any agreement or infringe or violate any copyright, trade mark or any other right of any person or render whatjobsite liable to any proceedings whatsoever. 10.2 Positioning and Licence: The Advertiser hereby grants to Whatjobsite Limited a world-wide, non-exclusive, fully paid licence to reproduce and display the advertisement (including all contents, trademarks and brand features contained therein) in accordance with the Advertising Order and these Advertising Terms and Conditions. 10.3 The Advertiser agrees to indemnify and keep indemnified Whatjobsite and hold Whatjobsite harmless against any and all expenses, damages costs (including reasonable legal fees and costs) and losses of any kind incurred by Whatjobsite in connection with any claims actual or threatened, of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, breach of any statutory or regulatory duty, false or misleading advertising or breach of any industry advertising codes or sales practices) arising from the advertisement and /or any material (of the Advertiser or otherwise) to which users can link through the advertisement. 11. Liability 11.1 Due to the nature of the Internet, there may sometimes be delays or interruptions to our normal service for reasons beyond our control. Whatjobsite shall not be held liable for any losses arising from such events, and advertising fees shall remain payable in full 11.2 Limitation of Liability: If Whatjobsite fails to publish any advertisement or deliver the number of impressions or click-throughs as provided in the Advertising Order (or in the event of any other failure, technical or otherwise, of such advertisement to appear as provided in the Advertising Order), Whatjobsite's liability will be limited (at the option of Whatjobsite) to either: (a) publishing the advertisement (or a replacement advertisement if provided by the Advertiser) on positions agreed in the Advertising Order or as agreed with Advertiser as soon as is reasonably practicable in the period following the period during which the advertisement was scheduled to run and for such time as is necessary to generate a number of substitute impressions or click-throughs of equivalent monetary value to the shortfall; or (b) refund to the Advertiser that proportion of the amounts paid which relate to those advertisements and/or impressions or click-throughs which were not provided, and if the relevant amounts were not paid by the Advertiser, agree that such amounts will not be due or payable. Whatjobsite will only provide a refund to the Advertiser under clause 11.2(b) if: (i) the creative arrived within the time limits specified in the Advertising Order; (ii) the creative performed in accordance with Whatjobsite's technical specifications at http://www.whatjobsite.com/Advertise.htm. 11.3 Whatjobsite accepts no responsibility for loss of copy, data or other materials which the Advertiser supplies to it. Advertiser shall be responsible for retaining in their possession sufficient quality and quantity of such materials for their purposes. 11.4 In no event will Whatjobsite be responsible in contract, tort, negligence or otherwise, for: (a) loss of profits, business, contracts, revenues, goodwill, production and anticipated savings; or (b) any indirect, consequential, special or economic loss of any kind; arising from any failure to publish in a timely manner or at all any advertisement in accordance with the Advertising Order. 11.5 Where the Advertiser uses a third party server to serve advertisements to Whatjobsite: (i) Whatjobsite will have no liability and the Advertiser will hold only the third party server (and not Whatjobsite) liable for the failure to publish any advertisement or deliver the number of impressions or click-throughs as provided in the Advertising Order or any other loss of any kind suffered by the Advertiser where those failures or losses are due to or arise out of or in connection with any act or omission of the third party server; and (ii) the statistics provided by Whatjobsite are the official and definitive measurements. Whatjobsite reserves the right to terminate at Whatjobsite's sole discretion the right of the third party server to serve the Advertiser's advertisements to Whatjobsite's network. In the event of such termination, Whatjobsite may serve the advertisements instead. 12. Third parties 12.1 The agreement reached pursuant to these terms and conditions is personal to the parties hereto and the Advertiser may not without Whatjobsite’s previous consent in writing assign the agreement evidenced by these terms and conditions in whole or in part. 12.2 A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the arrangements pursuant to these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 13. Force majeure 13.1 Except with respect to obligations to pay fees under these terms and conditions, Whatjobsite will have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of Whatjobsite affecting production or delivery in any manner. 13.2 If a party is wholly or partially precluded from complying with its obligations by any condition detailed in 13.1, then that party's obligations to perform in accordance with these terms and conditions will be suspended for the duration of the force majeure. 13.3 As soon as practicable after an effect of force majeure, the party affected by force majeure must notify the other party of the extent to which the notifying party is unable to perform its obligations under this Agreement. 14. Miscellaneous These Advertising Terms and Conditions, together with the Advertising Order (i) will be governed by and construed in accordance with, the laws of England, and the parties submit to the non-exclusive jurisdiction of the English courts; and (ii) constitute the complete and entire expression of the agreement between the parties, and supersede all other prior understandings, commitments, agreements and (unless made fraudulently) representations, whether written or oral between the parties. Whatjobsite's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Notwithstanding any other provision in these Advertising Terms and Conditions, a person who is not a party to these Advertising Terms and Conditions has no right under the Contracts (Rights of Third Parties ) Act 1999 to rely upon or enforce any term of these Advertising Terms and Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 15. Law These terms and conditions apply from 29 January 2007. We reserve the right to amend these terms and conditions from time to time. whatjobsite Limited 29 January 2007 | 
