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Employers/Client Terms and Conditions
1 Definitions

1.1 The expressions that follow are given these meanings unless the context in which they are used requires a different meaning:

"Advertisement" means any job vacancy advertisement;

"Applicant" means a Candidate who applies for a vacancy advertised on the Site;

"Candidate" means a person who uses the Site for the purpose of finding employment;

"Candidate Search" means a Service which enables the Client to search for and view CVs and Candidate details using various search criteria;

"Client" means any person using the Services, where a person includes but is not limited to, Candidates, Direct Employers, Recruitment Process Outsourcing Agencies, Advertising Agencies, or companies using the Site for advertising purposes;

"Conditions" means these Standard Terms and Conditions;

"Contract" means the contract for the supply of any Services by JobKon to the Client comprising these Conditions and a Service Agreement;

"CV" means the curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is provided to JobKon by a Candidate for distribution to Clients with a view to securing employment;

"E-mail CVs" means a Service which automatically matches and sends CVs to Clients according to criteria specifically requested by the Client;

"E-mail Jobs" means a Service which automatically matches and sends Jobs to Candidates according to criteria specifically requested by the Candidate;

"Employers Account Management" means the facility provided by JobKon to enable the Client to manage their vacancy advertisements by enabling them to view CVs, Video Profiles, Key Question answers and notes about the Applicants who have applied for and/or been matched to their vacancies, and to communicate with Applicants;

"Fees" means the fees and charges payable by the Client;

"Free Trial" means a period of time whereby a Client has access to and usage of the Services of the JobKon Site free of charge. 

"JobKon" means a brand belonging PROSADC Limited (company reg. nr. 100060493). When the name JobKon is mentioned that means JobKon web site and  JobKon professional team which are members, employees or partners of PROSADC Limited.

"Month" means 31 calendar days. 

"Question" means any question asked by an Employer to a Candidate as part of an Application process;

"Services" means the Services, which JobKon has agreed to provide to the Client and includes but is not limited to CVs set up, Advertisements, Candidate Searches, E-mail CVs, Video Profiles, Candidate correspondence and any other Services which may be provided to the Client;

"Service Agreement" means the Service Agreement entered into between the Client and JobKon;

"Site" means the Site at www.JobKon.com or any other website operated and maintained by JobKon from time to time;

"Start Date" means the start date for the provision of the Services as referred to in the Service Agreement;

"Term" means the term of the Contract as specified in the Service Agreement;

"Video Profile" means a Service that allows Candidates to upload a Profile, CV or a  video CV for review by Clients and for Clients to upload a Profile, presentation or a video Profile for review by Candidates for the purposes of recruitment.

1.2 Unless the context requires a different interpretation (or these Conditions expressly provide otherwise) the following rules should be used to interpret these Conditions:

1.2.1 any reference to a provision of a statute includes references to that provision as amended, extended or replaces by any other provision regardless of whether the other provision became law before or after these Conditions;

1.2.2 words used in the singular tense should be interpreted to include the plural tense and vice versa and words importing persons include individuals, bodies corporate and unincorporated and words which refer to one gender should be interpreted to include other genders;

1.2.3 any use of the word "including" will not be limited to the words that follow and

1.2.4 the headings will not affect their interpretation.

2 Application of the Terms

2.1 These Conditions to the exclusion of all previous Terms and Conditions issued by JobKon shall apply to any Client who uses JobKon after the date on which these Conditions were posted on the Site. 

2.2 We may modify these Conditions at any time by publishing the modified Conditions on the Site. Your continued use of the Site after such publication date constitutes your agreement to be bound by such modifications. Any latest modification date may be accessed by selecting the Terms and Conditions link on the Site and it is your responsibility to ensure you are aware of the most recently published Conditions at any time.

2.2 These Conditions are deemed to be fully read, understood and accepted by the Client upon acceptance of these Conditions during Registration.

2.3 No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of JobKon.

3 Services Generally

3.1 The Client agrees to provide JobKon all information necessary to enable JobKon to provide those Services.

3.2 JobKon shall not be obliged to provide those Services until the Client has supplied it with the information necessary to provide those Services.

3.3 Advertisements will become live on the Site immediately. The Client takes full responsibility that they have the necessary authorizations to use any design work, artwork or logos. If requested then the Client must provide proof of this in writing to JobKon.

3.4 JobKon shall make such modifications to any Advertisement as are reasonably requested by the Client provided that JobKon reserves the right to charge at the rate of 100 USD dollars per hour for the time involved in connection with such modifications.

3.5 Once a Contract is signed electronically by the Client, the Contract remains in force for the full duration of the Term and may not be cancelled by the Client.

3.6 The Client may remove an Advertisement from the Site before the Advertisement has reached its expiry date, but shall not be entitled to a refund for the time not used. The Client may extend the Term of an Advertisement provided they have purchased a sufficient quota of the relevant Service. 

3.7 If any quota of Services which are to be used within any period of time specified in the Service Agreement are not used within that period of time, then in each case the Client shall still be responsible for the full payment of the invoiced amount as if the Services had been properly and fully provided (and for the avoidance of doubt JobKon shall not be liable for providing any unused Services and such Services may not be carried over to any subsequent period).

3.8 JobKon reserves the absolute right, without giving any reasons, to decline, cancel or remove any Advertisement or provision of Services for any reason and at any time without prior notice. 

3.9 An Advertisement or Service which indicates an intention to discriminate on grounds of sex, race, age or disability will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act or the Age Discrimination Act or the Disability Discriminations Act. A statement must be made at the time the Advertisement is placed or Service used saying which of the exemptions in the Act(s) is considered to apply. 

3.9.1 When searching for candidates, Clients may choose to do so by means of number of years of experience of specific skills held by the candidate. If the Client chooses to search candidates in this manner, it is responsible for any liability for discrimination in its search. For example, the client must be able to prove that the minimum years of experience searched for is acceptable and objectively justified, and is not therefore discriminatory in terms of age. 

3.10 JobKon will use its reasonable endeavours to publish the Advertisement or provide the Services on the agreed date. JobKon does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Services and has the right at its sole discretion to decline to publish or omit, suspend or change the position of any Advertisement accepted by it.

3.11 JobKon will not be held responsible in any way for the content of any Client's website referred to in any Advertisement. 

3.12 JobKon may at its discretion and without prior notice, report any Advertisement or Service used that in its reasonable opinion, is being used for an improper or illegal purpose by a Client to the relevant authority. JobKon may also disclose information about any Client to any third party, to protect its interests or the interests of Clients, Candidates, Applicants and/or other users of the Site.

3.13 JobKon shall be entitled at anytime without notifying the Client to make any changes to the Services, which are deemed necessary.

3.14 JobKon will only make available or supply copies of the CVs that have been received by it for distribution to Clients of JobKon solely for the purpose of securing suitable employment for the Candidates.

4 Advertisements

4.1 The Client confirms that it is at the time of advertising, proactively recruiting for the vacancy advertised.

4.2 If requested by JobKon the Client will promptly provide to JobKon such evidence as JobKon requests to prove that the Client is recruiting for the vacancy advertised.

4.3 JobKon shall not be obliged to provide the Services (or shall be entitled to suspend them) until the Client has provided such evidence.

4.4 All Advertisements are to be entered online by the Client.

4.5 Advertisements will remain live on the Site and be available for searching via the site for the Term agreed between the Client and JobKon unless the Client removes the advert from the Site. Any Advertisement placed on the Site may be expired and removed by the Client. The Client will be charged for the full Term for which the Advertisement was originally placed.

4.6 JobKon will use reasonable endeavours to procure that Advertisements become live on the Site immediately following their submission to the Site.

4.7 Advertisements can only be modified by the Client, within the first 48 hours of submission to the Site and thereafter cannot be modified in anyway whatsoever by the Client.

4.8 Advertisements may contain a Clients website address so long as the related website does not breach any copyright, sex, age, or disability discrimination act and so long as it does not contain any offensive material whatsoever. JobKon retains the right to remove and Advertisement from the site that it deems necessary.

5 E-mail Jobs

5.1 Where the Candidate selects and sets up saved Job searches, their searches will be made available to the "E-mail Jobs" Service which automatically matches and sends Jobs to Candidates according to criteria specifically requested by the Candidate and set up as the Candidate's saved search.

5.2 The Client accepts that JobKon cannot guarantee the number of vacancy Advertisements distributed to the Candidates and that no obligations are imposed on JobKon in this regard.

6 CV Services

6.1 The CV Service is subject to any instructions from a Candidate that his or her details should or should not be made available to the Client. In the event that JobKon has reason to believe or suspect that its CV Services are being abused by the Client, including but without limitation to the breach of this Clause 4, JobKon reserves the right to immediately suspend or terminate the Contract.

6.2 The Candidate Search service will (under normal circumstances) be available to the Client at all times and will allow Clients access to CVs on the Site. 

6.3 JobKon cannot guarantee the minimum number of new CVs available on any CV Service on any given day.

6.4 JobKon will (under normal circumstances) ensure that CVs are made available to the Client within 24 hours of receipt of the CV from a Candidate.

7 E-mail CVs

7.1 Where the Candidate selects for their details to be searchable by the Client, their details will also be made available to the "E-mail CVs" Service which automatically matches and sends CVs to Clients according to criteria specifically requested by the Client and set up as the Client's saved search and that;

7.2 the Client accepts that JobKon cannot guarantee the number of CVs that will be distributed to them and that no obligations are imposed on JobKon in this regard.

8 Video Profile User Submissions

8.1 If the Client or Candidate has saved a Video Profile on JobKon, the provisions of this clause 7 shall apply;

8.2 The JobKon Site allows users to submit Video Profiles for the sole and exclusive purpose of recruitment. The Candidate and Client understand that JobKon does not guarantee any confidentiality with respect to any submissions, after the document left JobKon data base.

8.3 The publisher of a Video Profile shall be solely responsible for its content and the consequences of posting or publishing such. In connection with Video Profiles, the Candidate and Client affirm that; 

8.3.1 they own or have the necessary licenses, rights, consents, and permissions to use and authorise JobKon to use all patent, trademark, trade secret, copyright or other proprietary rights to enable inclusion and use of the Video Profiles in the manner contemplated by the Site and these Conditions and

8.3.2 they have the written consent, release, and/or permission of each and every identifiable individual person in the Video Profile to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Video Profile in the manner contemplated by the Site and these Conditions.

8.4 For clarity, the publisher retains all of the ownership rights of the Video Profile. However, by submitting the Video Profile to JobKon, the Candidate and Client hereby grant JobKon a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Video Profile in connection with the JobKon Site and JobKon's (and its successor's) business, including without limitation for promoting and redistributing part or all of the JobKon Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the JobKon Site a non-exclusive license to access your Video Profile through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Video Profiles as permitted through the functionality of the Site and under these Conditions. The foregoing license granted by you terminates once you remove or delete a Video Profile from the JobKon Site.

8.5 In connection with Video Profiles, you the publisher further agree that you will not;

8.5.1 submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant JobKon all of the license rights granted herein;
 

8.5.2 publish falsehoods or misrepresentations that could damage JobKon or any third party;

8.5.3 submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate and

8.5.4 impersonate another person. 

8.6 JobKon does not endorse any Video Profile or any opinion, recommendation, or advice expressed therein, and JobKon expressly disclaims any and all liability in connection with Video Profiles. JobKon does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and JobKon will remove all Content and Video Profiles if properly notified that such Content or Video Profiles infringes on another's intellectual property rights. JobKon reserves the right to remove Content and Video Profiles without prior notice. JobKon will also terminate a User's access to its Site, if they are determined to be a repeat offender. A repeat offender is a User who has been notified of infringing activity more than twice and/or has had a Video Profile removed from the Site more than twice. JobKon also reserves the right to decide whether Content or a Video Profile is appropriate and complies with these Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. JobKon may remove such Video Profiles and/or terminate a user's access for uploading such material in violation of these Conditions at any time, without prior notice and at its sole discretion.

8.7 In particular, if you are a copyright owner or an agent thereof and believe that any Video Profile or other content infringes upon your copyrights, you may submit a notification by writing to us providing the following information;

8.7.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

8.7.2 identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

8.7.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

8.7.4 information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an e-mail address; 

8.7.5 a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

8.7.6 a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

8.8 JobKon's address to receive notifications of claimed infringement is: PROSADC Lda, e-mail: support@JobKon.com, telephone: 823 240110. For clarity, only claimed infringements should go to this address. Any other feedback, comments, requests for technical support, and other communications should be directed to JobKons customer service through http://www.JobKon.com/contact. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

8.9 You understand that when using the JobKon Site, you will be exposed to Video Profiles from a variety of sources, and that JobKon is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Video Profiles. You further understand and acknowledge that you may be exposed to Video Profiles that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JobKon with respect thereto, and agree to indemnify and hold JobKon, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

8.10 JobKon permits you to link to materials on the Site for recruitment purposes only.

8.11 JobKon reserves the right to discontinue any aspect of the JobKon Site at any time.

9 References

9.1 The Client is responsible for checking that a Candidates references relating to his/her qualifications, skills, character, experience are satisfactory and seeing that the legal and medical requirements relating to a candidate have been met, including obtaining a work permit when necessary. JobKon provide an introductory service only, they do not make any checks on candidates and neither do they provide any assurances as to a Candidate's suitability both technically or otherwise.

10 Obligations of JobKon

10.1 JobKon will use its reasonable endeavours to enable Candidates the facility of viewing the Clients' Advertisements on the Site and to provide the Services to the Client. However, the Client accepts that JobKon cannot guarantee the number of occasions on which any individual Advertisement appears on the Site and that no obligations are imposed on JobKon in this regard.

11 Obligations of the Client

11.1 The Client hereby undertakes and warrants to JobKon:

11.1.1 to use all reasonable precautions against access of the Site (or any website that is, or may become linked to any website) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Client's hardware and the rest of the Site;

11.1.2 to comply with the provisions of the Data Protection Act 1998 or relevant legislation with regard to any Applicant information received by it and in particular to keep such information confidential.

11.1.3 in relation to any Advertisement the Client is not acting directly or indirectly for a third party;

11.1.4 the reproduction and/or publication of the Advertisement by JobKon as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render JobKon liable to any proceedings whatsoever and the Client indemnifies JobKon against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by JobKon as a result of this undertaking and warranty being incorrect;

11.1.5 any information supplied by the Client in connection with the provision of the Services is accurate, complete and true;

11.1.6 each Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;

11.2 The Client shall obtain from the Applicant, as much information about the Applicant's qualifications and experience, as is necessary for determining whether the Applicant is suitable for employment, and shall ascertain that the Applicant has such qualifications as are required by law.

11.3 The Client shall ensure that the Applicant is fully aware of any conditions imposed by law, which must be satisfied by the Applicant and that any employment resulting there from shall be legal.

11.4 The Client agrees not to employ, or make arrangements to employ, a young person (being a person under the age of 18) who is attending, or has ceased to attend school, unless the Client has made all such enquiries as are reasonably practicable for the purposes of ascertaining that the young person has received vocational advice.

11.5 The Client shall ensure that the Applicant, before departing for the employment, receives a written statement in a language they understand giving full details of their employment.

11.6 The Client agrees to keep a written record of all job applications, for a period of not less than one year from the date of employment or, where no employment results, from the date the job application is rejected.

11.7 The Client shall:

11.7.1 use all CVs supplied for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Candidates;

11.7.2 ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Act 1998 to the extent that it applies and complies with its obligations under that Act;

11.7.3 keep confidential the CVs and all other information supplied by JobKon or Candidates to the Client or its employees or agents and shall only use such information for the purpose of providing employment opportunities for Candidates;

11.7.4 not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from JobKon to any other company: 

12 Fees

12.1 The Fees shall be those rates as agreed between JobKon and the Client in the Service Agreement.

13 Payment

13.1 Payment for Services will be made according to the payment terms specified in the Service Agreement.

13.2 If the Client fails to make any payment by the due time the account will be suspended until all monies have been received.

13.3 JobKon will provide invoices to the Client in accordance to the terms in the Service Agreement. Liability for payment arises from provision of the Services. Further, all items on the invoice are deemed to be payable and any errors or omissions must be communicated to JobKon in time to be rectified and before payment becomes due. Payment for the provision of the Services shall be made as aforesaid whether or not the Client shall have provided JobKon with an order number at the time of accepting the Service Agreement.

13.4 The Client agrees to pay to JobKon in respect of each item of Services for which payment is not made by the due time:

(a) the sum of USD 35.00 as an administration charge; and
(b) interest on the amount paid late at the rate of 4% per annum above the base rate of Barclays Bank accuring from day to day (including the date on which payment was due) both before and after judgment. 

13.5 All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable.

13.6 Upon launch of the Site and from time to time JobKon may offer new Clients a "Free Trial" of the Site. Any Free Trial of the Site will be subject to any additional Terms and Conditions as published on the Site and/or in the Free Trial Service Agreement.



14 Liability

14.1 JobKon does not verify or guarantee any Applicant's details whether forwarded to the Client via JobKon or otherwise. JobKon accepts no responsibility as to the suitability of Applicants who respond to Advertisements or Services. 

14.2 The Client shall satisfy itself as to the suitability of any Applicant and shall take up any reference provided by the Applicant before engaging any such Applicant. 

14.3 The Client shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Applicant, and shall satisfy itself of any medical or other requirements or qualifications required by law.

14.4 JobKon does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Client's use of (or inability to use) this Site. 

14.5 JobKon makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programmes and/or that the Site shall operate uninterrupted and error-free. 

14.6 JobKon does not accept liability, of any description, however arising, for any loss or damage caused to any Client, or any other third party, arising from any virus or other impairing computer program contained in any CV submitted by any Applicant.

14.7 JobKon does not accept liability for:

14.7.1 any loss of copy, artwork, photographs, data, video profiles or other materials that the Client supplies to JobKon and the Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;

14.7.2 any mistakes or errors whatsoever that arise during the course of publication of any Advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Client.

15 Indemnity

15.1 The Client agrees to indemnify JobKon and to keep JobKon indemnified in respect of, but not limited to, all damages, costs or liabilities that JobKon may incur arising from an Advertisement or use of any Service, and in particular resulting from the following:

15.1.1. the publication of any defamatory statement; 

15.1.2 breach of copyright; 

15.1.3 any claims made by any person in respect of race, religion, age, sex or disability discrimination;

15.1.4 any breach by the Client of any warranty given hereunder.

16 Disclaimer

16.1 Except as otherwise provided by statute, JobKon disclaims all warranties, express or implied by law of statute, in relation to, but not limited to, the Site.

17 Governing Law and Jurisdiction

17.1 These Conditions shall be governed by, and construed in accordance with, the laws of England and Wales and each party irrevocably submits to the exclusive jurisdiction of its courts.

18 Miscellaneous

18.1 The acceptance of a Service Agreement for provision of Services amounts to an acceptance of these Conditions to the exclusion of any other Terms and Conditions. No variation shall be binding unless agreed in writing.

18.1.1 For clarification, acceptance of a Service Agreement does not require a manual signature by either party. By selecting the Service Agreement Acceptance button on the Site the Client is deemed to have entered into the respective Contract with JobKon.

18.2 If any provision of these Conditions is held to be void or unenforceable in whole or in part, these shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by JobKon shall be effective except in relation to the matter in respect it was specifically given. 

18.3 Nothing in these Conditions is intended to confer on any person any right to enforce any provision of these Terms, which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. Insofar as the Client is a consumer (as that term is defined in the Consumer Protection (Distance Selling) Regulations 2000, the Client agrees that the provision of Services under these Conditions may, by agreement between the Client and JobKon, take place before the end of any applicable cancellation period, in which case the right to cancel such provision of Services shall not apply.

18.4 JobKon Ltd created its Job Category list using the Public Service Information's "Integrated Public Sector Vocabulary" (ISPV) list as a reference point under Public Service Information (PSI) Licence Number C2007001145.

THIS SCHEDULE REPLACES ALL PREVIOUS SCHEDULES TO THESE TERMS AND CONDITIONS 



Candidate Terms & Conditions

1 Definitions

1.1 The expressions that follow are given these meanings unless the context in which they are used requires a different meaning:

"Advertisement" means any job vacancy advertisement;

"Candidate" means a person who uses the Site for the purpose of finding employment;

"Candidate Account Management" means a personalized page of the Site where a Candidate may access their own personal details including their CV, Video Profile, the status of all applications made and a range of other services;

"Candidate Search" means a Service which enables the Client to search for and view CVs and Candidate details using various search criteria;

"Client" means any person using the Services, where a person includes but is not limited to, Direct Employers, Recruitment Process Outsourcing Agencies, Advertising Agencies, or companies using the Site for advertising purposes;

"Conditions" means these Standard Terms and Conditions;

"CV" means the curriculum vitae or summary details of a Candidate's education, training, skills and employment experience which is provided to JobKon by a Candidate for distribution to Clients with a view to securing employment;

"E-mail CVs" means a Service which automatically matches and sends CVs to Clients according to criteria specifically requested by the Client;

"E-mail Jobs" means a Service which automatically matches and sends Jobs to Candidates according to criteria specifically requested by the Candidate;

"JobKon" means JobKon Limited (company number 5926764);

"Question" means any question asked by an Employer to a Candidate as part of an Application process;

"Services" means the Services, which JobKon has agreed to provide to the Client and includes Advertisements, Candidate Searches, E-mail CVs, Video Profiles, Candidate correspondence and any other Services which may be provided to the Client;

"Site" means the Site at www.JobKon.com or any other website operated and maintained PROSADC from time to time;

"Video Profile" means a Service that allows Candidates to upload a video profile for review by Clients and for Clients to upload a video profile for review by Candidates for the purposes of recruitment.

1.2 Unless the context requires a different interpretation (or these Conditions expressly provide otherwise) the following rules should be used to interpret these Conditions:

1.2.1 any reference to a provision of a statute includes references to that provision as amended, extended or replaced by any other provision regardless of whether the other provision became law before or after these Conditions;

1.2.2 words used in the singular tense should be interpreted to include the plural tense and vice versa and words importing persons include individuals, bodies corporate and unincorporated and words which refer to one gender should be interpreted to include other genders;

1.2.3 any use of the word "including" will not be limited to the words that follow and

1.2.4 the headings will not affect their interpretation.

2 Application of the Terms

2.1 These Conditions to the exclusion of all previous Terms and Conditions issued by JobKon shall apply to any Candidate who uses JobKon after the date on which these Conditions were posted on the Site. 

2.2 We may modify these Conditions at any time by publishing the modified Conditions on the Site. Your continued use of the Site after such publication date constitutes your agreement to be bound by such modifications. Any latest modification date may be accessed by selecting the Terms and Conditions link on the Site and it is your responsibility to ensure you are aware of the most recently published Conditions at any time.

2.2 These Conditions are deemed to be fully read, understood and accepted by the Candidate upon acceptance of these Conditions during Registration.

2.3 No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of JobKon.

3 Services Generally

3.1 JobKon does not make any representation whatsoever about any Advertisement accessed either on, by virtue of or by way of any links from the Site nor about any of the Clients who use Services on the Site. JobKon relies on information provided to it by its Clients and via third parties and accordingly it is a matter for the Candidate to satisfy itself as to the suitability of any Client using the Services on the Site or of any Advertisement found directly or indirectly through the Site.

3.2 JobKon shall be entitled at any time without notifying the Candidate to make changes to the Services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.

3.3 Exclusively JobKon will own any intellectual property, ideas, concepts, know-how or techniques developed by JobKon or obtained during the execution of the Services.

3.4 JobKon shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control.

3.5 The Candidate accepts that JobKon shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Candidate's failure to comply with these Conditions.

3.6 The Candidate agrees to provide JobKon, in such a format as JobKon may request, any information necessary to enable JobKon to provide those Services.

3.7 JobKon shall not be obliged to provide those Services until the Candidate has supplied it with the information necessary to provide those Services. 

4 CVs

If the Candidate has saved their details and stored a CV on JobKon, the provisions of this clause 4 shall apply: 

4.1 The Services are subject to any instructions from a Candidate that his or her details should or should not be made available to the Client and JobKon will only make available or supply copies of the CVs which have been received by it for distribution to Clients of JobKon solely for the purpose of securing suitable employment for the Candidate.

4.2 JobKon cannot guarantee the minimum number of times a CV will be viewed by or distributed to Clients on any given day.

4.3 JobKon will (under normal circumstances) ensure that CVs are searchable online within 24 hours of complete registration including receipt of the full CV from a Candidate.

4.4 JobKon may, at its discretion and without notice, report improper or illegal use of CVs or the Services by the Candidate to its Clients.

4.5 JobKon has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Candidate information or CV accepted by it.

4.6 JobKon may refuse, withdraw, or require to be amended, any Candidate information or CV which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon JobKon or the Candidate or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.

4.7 The Candidate hereby undertakes that:

4.7.1 the details and CV they store and save on JobKon are a true and accurate reflection of their education, employment, training history and that their personal details are correct;

4.7.2 that if any of the information stored and saved on JobKon for the purposes of securing employment is found to be false or inaccurate in any way, that JobKon reserves the right to remove those details and/or suspend the use of the Services on the Site for the Candidate;

4.7.3 in respect of any information or CV submitted by the Candidate which contains the name or pictorial representation (Photographic, Video Profile 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 the Candidate has obtained the authority of such living person to make use of such name, representation and/or copy.

5 E-mail CVs

5.1 Where the Candidate selects for their details to be searchable by the Client, their details will also be made available to the "E-mail CVs" Service which automatically matches and sends CVs to Clients according to criteria specifically requested by the Client and set up as the Client's saved search and that;

5.1.1 the Candidate accepts that JobKon cannot guarantee the number of times their CV will be distributed to Clients and that no obligations are imposed on JobKon in this regard.

6 References

6.1 The candidate is responsible for providing references relating to his/her qualifications, skills, character, experience and seeing that the legal and medical requirements relating to a Candidate have been met, including obtaining a work permit when necessary. JobKon provide an introductory service only, they do not make any checks on Candidates and neither do they provide any assurances as to a Candidates suitability both technically or otherwise.

7 Video Profile User Submissions

If the Client or Candidate has saved a Video Profile on JobKon, the provisions of this clause 7 shall apply;

7.1 The JobKon Site allows users to submit Video Profiles for the sole and exclusive purpose of recruitment. The Candidate and Client understand that JobKon does not guarantee any confidentiality with respect to any submissions.

7.2 The publisher of a Video Profile shall be solely responsible for its content and the consequences of posting or publishing such. In connection with Video Profiles, the Candidate and Client affirm that; 

7.2.1 they own or have the necessary licenses, rights, consents, and permissions to use and authorise JobKon to use all patent, trademark, trade secret, copyright or other proprietary rights to enable inclusion and use of the Video Profiles in the manner contemplated by the Site and these Conditions and

7.2.2 they have the written consent, release, and/or permission of each and every identifiable individual person in the Video Profile to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Video Profile in the manner contemplated by the Site and these Conditions.

7.3 For clarity, the publisher retains all of the ownership rights of the Video Profile. However, by submitting the Video Profile to JobKon, the Candidate and Client hereby grant JobKon a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Video Profile in connection with the JobKon Site and JobKon's (and its successor's) business, including without limitation for promoting and redistributing part or all of the JobKon Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the JobKon Site a non-exclusive license to access your Video Profile through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Video Profiles as permitted through the functionality of the Site and under these Conditions. The foregoing license granted by you terminates once you remove or delete a Video Profile from the JobKon Site.

7.4 In connection with Video Profiles, you the publisher further agree that you will not:

7.4.1 submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant JobKon all of the license rights granted herein;

7.4.2 publish falsehoods or misrepresentations that could damage JobKon or any third party;

7.4.3 submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate and

7.4.4 impersonate another person. 

7.5 JobKon does not endorse any Video Profile or any opinion, recommendation, or advice expressed therein, and JobKon expressly disclaims any and all liability in connection with Video Profiles. JobKon does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and JobKon will remove all Content and Video Profiles if properly notified that such Content or Video Profiles infringes on another's intellectual property rights. JobKon reserves the right to remove Content and Video Profiles without prior notice. JobKon will also terminate a User's access to its Site, if they are determined to be a repeat offender. A repeat offender is a User who has been notified of infringing activity more than twice and/or has had a Video Profile removed from the Site more than twice. JobKon also reserves the right to decide whether Content or a Video Profile is appropriate and complies with these Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. JobKon may remove such Video Profiles and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

7.6 In particular, if you are a copyright owner or an agent thereof and believe that any Video Profile or other content infringes upon your copyrights, you may submit a notification by writing to us providing the following information:

7.6.1 a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

7.6.2 identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

7.6.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

7.6.4 information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail address; 

7.6.5 a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

7.6.6 a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. 

7.7 JobKon's address to receive notifications of claimed infringement is: support@jobkon.com, telephone: 823 240 110. For clarity, only claimed infringements should go to this address. Any other feedback, comments, requests for technical support, and other communications should be directed to JobKon's customer service through http://www.JobKon.com/contact. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

7.8 You understand that when using the JobKon Site, you will be exposed to Video Profiles from a variety of sources, and that JobKon is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Video Profiles. You further understand and acknowledge that you may be exposed to Video Profiles that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JobKon with respect thereto, and agree to indemnify and hold JobKon, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

7.9 JobKon permits you to link to materials on the Site for recruitment purposes only.

7.10 JobKon reserves the right to discontinue any aspect of the JobKon Site at any time.

8 Applications

If the Candidate makes an Application or is required to complete some Employer Questions as part of an Application, the provisions of this clause 7 shall apply thereto:

8.1 The Candidate hereby undertakes that:

8.1.1 they have fully read and understood the requirements of a vacancy Advertisement on the Site to which they make an Application;

8.1.2 they have the appropriate skills and qualifications required by the Client and the necessary qualifications required by law;

8.1.3 they satisfy or will attend to the necessary immigration requirements of the country in which the position will be situated;

8.1.4 the details they provide to the Client as part of an Application are a true and accurate reflection of their education, employment, training history and that their personal details are correct and that any Questions asked by the Client as part of the Application process are answered solely by the Candidate and without any assistance from a third party;

8.1.5 that if any of the information used in an Application or is found to be false or inaccurate in any way, that JobKon reserves the right to remove those details and/or suspend the use of the Services on the Site for the Candidate; 

8.1.6 in respect of any information submitted during the Application by the Candidate which contains the name or pictorial representation (Photographic or Video Profile 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, the Candidate has obtained the authority of such living person to make use of such name, representation and/or copy. 

8.2 JobKon has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Application accepted by it.

8.3 JobKon may refuse, withdraw, or require to be amended, any Application which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon JobKon or the Candidate or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.

8.4 When a Candidate makes an Application through the Site, JobKon will pass the Candidate's details to the Client who placed the Advertisement for the purpose of that one Application only.

8.5 The Candidate accepts that JobKon cannot be held responsible for the content of Advertisements on the Site and that no obligations are imposed on JobKon in this regard.

9 E-mail Jobs
9.1 Where the Candidate selects and sets up saved Job searches, their searches will be made available to the "E-mail Jobs" Service which automatically matches and sends Jobs to Candidates according to criteria specifically requested by the Candidate and set up as the Candidate's saved search.

9.2 The Candidate accepts that JobKon cannot guarantee the number of vacancy Advertisements distributed to the Candidate and that no obligations are imposed on JobKon in this regard.

10 Candidates Obligations

10.1 The Candidate agrees that:

10.1.1 it has read, understood and agrees to these Conditions and the Privacy Statement relating to the Site and will adhere to all;

10.1.2 it will keep confidential and not disclose to any person the password used by them in relation to the Services;

10.1.3 it will be responsible for any misuse of all such passwords.

11 Liability

11.1 JobKon will not be liable (whether in contract or tort) for:

11.1.1 any loss of copy, artwork, photographs, data, CVs, Video Profiles or other materials that the Candidate supplies to JobKon and the Candidate shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;

11.1.2 any mistakes or errors whatsoever that arise during the course of use of the Services or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Candidate;

11.1.3 for any failure to secure employment or consequential loss (whether caused by the negligence of JobKon, its employees, clients or agents);

11.1.4 any delay, costs, expense, loss, damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of JobKon or as a result of the acts or omissions of the Candidate;

11.1.5 any loss or damage whatsoever howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, or the wrongful disclosure of confidential information by, any Client. It is for the Candidate to satisfy itself as to the integrity and reliability of all vacancy Advertisements placed on the Site;

11.1.6 any breach of agreement or infringement or violation of any right of any person or be rendered liable to any proceedings whatsoever, as a result of any information or CV or Video Profile or Application submitted to it by the Candidate and the Candidate indemnifies JobKon against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by JobKon as a result of this undertaking and warranty being incorrect.

11.2 Nothing in these Conditions will restrict or exclude JobKon's liability for death or personal injury caused by its own negligence.

11.3 The Candidate agrees and acknowledges that no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of JobKon in respect of or in connection with the Services and accordingly the Candidate confirms that it has not, in accepting these Conditions, relied on any condition, warranty or representation by JobKon or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services. The benefit of any such condition, warranty or representation by JobKon is hereby irrevocably and unconditionally waived by the Candidate.

12 Termination and Cancellation

12.1 These Conditions apply unless replaced by subsequent Conditions or unless terminated under Clause 10.2 of these Conditions.

12.2 JobKon may, at its sole discretion, terminate the provision of the Services to the Candidate at any time by notice in writing to the other Candidate (the "Defaulting Party") if the Defaulting Party is in breach of these Conditions and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied.

12.3 The Candidate shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by JobKon arising out of the Candidate's breach of its obligations under these Conditions (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by JobKon).

13 Notices

13.1 Notice required or permitted to be given under these Conditions shall:

13.1.1 be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or 

13.1.2 be in the form of an e-mail addressed to JobKon at support@JobKon.com (or such other address as supplied by JobKon) or if to the Candidate, to the address provided in the Candidate's details submitted during Registration or as subsequently amended and the Candidate will be deemed to have received such notification within 24 hours of transmission.

13.2 The Candidate is responsible for keeping contact information up to date and suspending or deleting their CV, Video Profile and other details as soon as they are no longer seeking employment.

13.3 The Candidate will respond to employers in a polite and professional manner. Should a candidate be abusive or offensive their details will immediately be removed and they will be suspended from using the Site for as long as JobKon deem necessary. 

14 Prize Draws

14.1 JobKon may enter you into a Prize Draw as part incentive for your registration with JobKon or at anytime whilst you remain registered with JobKon. 

14.1.1 Any Prize Draw entered into may be subject to specific Terms and Conditions (stating, for example, closing date for entry), in addition to these Terms and Conditions, which shall be displayed on the Site at the point of participation.

14.2 Any Prize Draw is open to Candidates who are registered with JobKon, subject to any restrictions in relation to the particular Prize Draw as notified to you on the Site and you agree to comply with any such restrictions. Employees of JobKon or any affiliate, parent or subsidiary company are not permitted to enter.

14.2.1 JobKon reserves the right to reject as invalid any entry which it reasonably believes not to be bona fide or in compliance with these Conditions. In relation to Prize Draws notwithstanding that the winner has been declared, if JobKon discovers that for any reason the winner should have been ineligible to enter, JobKon reserves the right to determine that the winner is disqualified.

14.3 The closing date for entry is as notified to you on the Site and entries received after this date will not be considered. JobKon reserves the right to extend the entry period by putting notification of any revised date on the JobKon Site.

14.3.1 Entry to any Prize Draw is deemed to be made either upon Registration to the site or in accordance with the specific Terms and Conditions of the Prize Draw which shall be displayed on the Site at the point of participation. Entries should be submitted to JobKon via the JobKon Site.

14.3.2 No purchase necessary. 

14.3.3 Entries are restricted to one per person, and entries on behalf of a third party are not acceptable (save in the event of assistance to you in relation to a disability).

14.3.4 Any entry which is illegible, incomplete, or which is not submitted in the manner set out in these rules may be deemed invalid at the sole discretion of JobKon and may be rejected. 

14.4 The prize for any Prize Draw is as stated on the Site and is non-transferable. JobKon will not be responsible for any costs incidental to the winner using the prize, other than the postal costs of delivery of the prize. If the winner does not wish to use the prize, he/she should notify JobKon and JobKon may at its discretion offer the prize to a runner-up to be drawn at random in accordance with these terms. JobKon may substitute the prize for one of equal or greater value.

14.4.1 JobKon cannot be held responsible for any loss or delay or other damage suffered by the winner or any third party as a result of winning the prize, except where such loss is a direct result of the negligence of JobKon. 

14.4.2 The winner will be drawn at random from all entries and will be the first entry drawn. The draw will be randomly computer generated and witnessed by an independent adjudicator.

14.4.3 The winner will be notified by telephone or e-mail to the current contact details provided within [7] days of the closing date. If the winner cannot be contacted using the current contact details within [14] days, JobKon may at its discretion dispose of the prize as it sees fit without any liability to the winner. The winner may be required to provide JobKon with proof that it is the registered JobKon Candidate.

14.4.4 The prize will be posted to a winner within [5] working days of the winner receiving notification of their win. JobKon has no liability in respect of loss of or damage to any prize or failure of delivery arising of out matters outside its control including any failure in the postal system.

14.4.5 Details of the winner (name and location) will be published on the Site. The winner agrees to participate in publicity if required.

14.4.6 The decision of JobKon is final and binding in all matters and no correspondence will be entered into. 

14.5 All Prize Draws on the Site are run by JobKon.

15 General

15.1 If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.

15.2 Any waiver by JobKon of any breach of, or any default under, any provision of these Conditions by the Candidate will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.

15.3 Failure or delay by JobKon in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.

15.4 The parties to these Conditions do not intend that any clause of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties).

16 Law

16.1 These Conditions and any Contract into which these Conditions are incorporated, shall be governed by and construed in accordance with national laws and the parties submit to the non exclusive jurisdiction of the national courts.

THIS SCHEDULE REPLACES ALL PREVIOUS SCHEDULES TO THESE TERMS AND CONDITIONS