FOR EMPLOYERS
Terms & Conditions
Disclaimer
FOR USERS
Disclaimer
Privacy Policy
Terms and Conditions
1. Definitions and Interpretation:
1.1 Unless expressly stated otherwise the following definitions shall apply to the terms used in these Conditions:
"Advertisement" means all advertising material or promotional material supplied by the Customer to be placed on the Website;
"Agency" means a person carrying on an employment agency or a recruitment agency;
"Company" means Multilingualvacancies.com Limited, a company registered in England and Wales under company number 04737254 the address of whose registered office is 3rd Floor North, The Forum, 80 Camden Street, London, NW1 OEG
"Charges" means charges and other sums payable by the Customer pursuant to the Contract;
"Conditions" means these Terms and Conditions;
"Consequential Loss" is as defined in Condition 6.2;
"Contract" means the contract between the Customer and the Company for the Services;
"Customer" means the person to whom the Services are provided;
"CV Search Facility” means the facility provided by the Company through the Website which allows Customers to search the Company’s database of Users’ CVs and résumés and which is made available in accordance with the Contract.
"Services" means the publication and reproduction of the Advertisement on the Website as specified in the Standard Order Form, and any related services agreed in writing to be provided by the Company to the Customer pursuant to the Contract;
"Standard Order Form" means (a) (where the Customer is an Agency) the Company's Standard Agency Contract Order Form and (b) (where the Customer is not an Agency) the Company's Standard Customer Contract Order Form;
"User" means the person using the Website in order to find potential employment or otherwise; and
"Website" means the website of the Company whose URL is www.multilingualvacancies.com;
"Working Day" means any day other than: a Saturday or a Sunday or any public holiday in the United Kingdom of Great Britain and Northern Ireland.
1.2 In the Contract (except where the context otherwise requires):-
1.2.1 the headings of Clauses are included for convenience only and shall not affect the interpretation of the Contract;
1.2.2 a "party" means either party to the Contract and includes its successors in title and assignees or permitted assignees (as the case may be);
1.2.3 references to "persons" shall include individuals, bodies corporate, unincorporated associations, undertakings, firms and partnerships, in each case whether or not having a separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists;
1.2.4 any reference to a statute, statutory provision or subordinate legislation ("Legislation") shall (except where the context otherwise requires) be construed as referring to such Legislation as amended and in force from time to time and to any legislation which enacts or consolidates (with or without modification) any such Legislation; and
1.2.5 words denoting the singular shall include the plural and vice versa; references to a gender shall include all other genders; and references to the word "include" or "including" are to be construed without limitation.
2. Basis of Contract
2.1 In consideration of the payment of the Charges, and subject to the Customer complying with the Contract, the Company agrees to perform the Services.
2.2 Unless otherwise agreed between the parties in writing the Standard Order Form and the Conditions shall form the terms and conditions of the Contract and shall apply to the exclusion of any terms or conditions whether put forward by or on behalf of the Customer in or on its order or otherwise or whether implied by law (insofar as the exclusion of the same is lawful).
2.3 The Contract shall be deemed to come into existence upon (a) the signature of the Standard Order Form by both parties or (b) the uploading of the Advertisement on to the Website (whichever earlier).
2.4 No variation or alteration of the Contract shall be valid unless approved in writing by a director of the Company.
3. Price and Payment
3.1 The Company will invoice the Customer for the Charges based upon the Company's then-current rate card for the provision of Services to Customers who are Agencies and for the provision of Services to Customers who are not Agencies (whichever applicable), which is available on request, and which the Company shall be at liberty to amend from time to time at its own discretion. In addition to the foregoing the Company shall be entitled to invoice the Customer for all charges and costs incurred by it where variations to the Advertisement are requested by the Customer and accepted by the Company.
3.2 Where the Customer elects on the Standard Order Form to pay an annual subscription, this said subscription shall be payable in advance subject only to the Company rendering an appropriate invoice.
3.3 Unless otherwise expressly stated in writing all Charges are exclusive of VAT which shall be charged where appropriate at the rate prevailing at the relevant tax point.
3.4 The Company may invoice the Customer for the Charges (at its discretion) prior to or following the performance of the Services. The Customer shall pay each said invoice in full within 7 (seven) days after its date free and clear of any deduction, counter-claim or other condition.
3.5 If the Customer fails to pay any Charge due to the Company under the Contract by its due date the Customer shall pay, in addition to the arrears, interest at the rate of 4% over National Westminster Bank plc's base interest rate, such interest commencing on the day after the due date and continuing to the date that payment is received from the Customer (inclusive in both cases), both before and after judgment, accruing from day to day and compounding weekly.
4. Termination and Suspension
4.1 The Company reserves the right to terminate on summary notice wholly or in part the Contract and/or any other contract with the Customer or (without liability) to withhold performance of all or any of its obligations under the Contract and/or any other contract with the Customer (and on the service of such notice all monies outstanding from the Customer to the Company under the Contract and/or any other said contract shall become immediately due and payable) if:-
4.1.1 any sum owing to the Company from the Customer under the Contract and/or any other said contract whatsoever shall be unpaid by 7 (seven) or more days after the due date for payment; and/or
4.1.2 the Customer commits or suffers any of the following namely the passing of a resolution or the presentation of a petition for winding-up, bankruptcy or for the appointment of an administrator, the appointment of a receiver and/or manager or administrative receiver over the whole or any part of the Customer's undertaking and assets, the making of a proposal for a voluntary arrangement within the Insolvency Act 1986 or of a proposal for any other composition scheme or arrangement with or the calling by the Customer of any meeting of its creditors generally, the levying of execution or distress or diligence on any of its assets, the failure to pay its proper debts as and when due and anything analogous to any of the foregoing under the law of any jurisdiction ; and/or
4.1.3 the Customer breaches any obligation or warranty in any contract (including the Contract) with the Company.
4.2 In the event of a suspension of performance of the Contract the Company shall be entitled to require, as a condition of resuming performance, the pre-payment, of any Fees for any Advertisement.
5. Warranties
5.1 The Customer warrants that:-
5.1.1 it shall have signed a Standard Order Form before any Service is performed;
5.1.2 it is authorised to enter into the Contract and does so as a principal notwithstanding that it may be acting directly or indirectly for a third party whose products or services are the subject of the Advertisement;
5.1.3 the Advertisement will comply with all requirements of relevant Legislation guidelines and advertising codes (including the Conduct of Employment Agencies and Employment Businesses Regulations 1976) from time to time in force in each such jurisdiction as the Advertisement shall be made available and (without prejudice to the generality of the foregoing) shall be decent, legal, truthful and honest.
5.1.4 all information supplied by it in connection with the provision of the Services is accurate, complete and true in all respects;
5.1.5 the Advertisement will not contain any text, data, image or other material which:
5.1.5.1 is offensive, obscene or indecent or is capable of being resolved into obscene or indecent images or material;
5.1.5.2 is defamatory, sexist, threatening or racially, ethnically or otherwise objectionable;
5.1.5.3 has the object or effect of causing annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
5.1.5.4 in respect of any Advertisement which contains the name or pictorial representation of any living person or part thereof, the Customer has obtained the authority of such person to make use of such name or representation;
5.1.5.5 has the object or effect of causing disruption to any computer system and/or network;
5.1.5.6 is illegal or designed or likely to induce an illegal act;
5.1.6 any reproduction or publication of the Advertisement by the Company as part of any Service will not breach any contract or infringe or violate any copyright, trade mark or any other intellectual property of any person anywhere in the world or render the Company liable to any proceedings whatsoever;
5.1.7 all CV's and other data received from Users will be used by the Customer solely for the purpose of endeavouring to find employment for the User in accordance with his/her wishes;
5.1.8 all information provided to the Customer by Users will remain confidential in accordance with the User's wishes and the Customer will not copy, resell or submit any CV's or data received via the Company to any third party other than genuine parties who are recruiting such Users;
5.1.9 all responses to Advertisements will be dealt with fairly and professionally by the Customer;
5.1.10 (where the Customer is an Agency) it is authorised by its client to place the Advertisement with the Company; and
5.1.11 it shall comply with the Data Protection Act 1998 in connection with all of its obligations under the Contract.
5.1. 12 The CV Search Facility
A) Employment agencies and employment businesses - if you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act')) it is your responsibility to ensure that the use you make of information from our candidate database complies with your obligations under the Act and the various regulations made under it, together with any applicable guidelines. These regulations are currently contained in the Conduct of Employment Agencies and Employment Businesses Regulations 2004. You agree to comply with the Act and these regulations as they affect the conduct of your business and the use you make of information on our candidate database. You will indemnify multilingualvacancies.com from and against any claim brought by an individual against multilingualvacancies.com arising any breach of this obligation.
B) Use of CV Search Facility
i) The Company shall give the Customer access to the CV Search Facility so as to enable the Customer to run searches, download CVs and contact candidates in relation to filling the job requirements of the Customerfor the full duration of the Contract as detailed in the Contract Order Form.
ii) The Company must provide the Customer with access to the CV Search Facility immediately upon receipt of payment by the Company and the Company shall immediately notify the Customer that such access has been granted.
iii) All CVs and other data received from Users will be used by the Customer solely for the purpose of endeavouring to find employment for the User in accordance with his/her wishes; The Customer may NOT:
- Contact Users for any other purpose other than for recruitment purposes. The Customer is expected to comply with the Data Protection Act 1998 and all subsequent legislation and regulations
- Copy, resell or submit any CVs or data received via the Company to any third party other than genuine parties who are recruiting such Users. All information provided to the Customer by Users will remain confidential in accordance with the User's wishes
- Enable access to unauthorised persons by divulging passwords
Multilingualvacancies.com may deny access to the database if we have reason to believe that the facility is being abused by the Customer or accessed by an unauthorised person
5.2 It is (as between the parties) the sole and exclusive responsibility of the Customer to carry out any checks or any procedures necessary or advisable to ensure that any User who has responded to the Advertisement, has the correct qualifications and skills required for the position. The Company does not guarantee that any response to the Advertisement will be suitable for the position advertised.
5.3 The Company does not guarantee that it has vetted any Advertisement or any User.
5.4 The Company reserves the sole right to remove or amend any content of the Website if deemed necessary.
5.5 The Company reserves the sole right and discretion to decline to publish or to omit, suspend or change the position of any Advertisement. The Company will endeavour to contact the Customer if it is not able to accept the Advertisement for any reason.
5.6 The Company reserves the sole right and discretion at any time to remove the Advertisement from the Website in the event that it considers the Advertisement to be in breach or to be likely to be in breach of any applicable law or rights of any third party or to be prejudicial to the interests of the Company.
5.7 The Company shall be entitled at any time without notifying the Customer to make any change to any Service which is necessary or desirable to comply with any applicable security or other statutory requirement and shall determine the manner in which the Services are provided.
6. Extent of Liability
6.1 THE COMPANY WILL NOT BE LIABLE TO THE CUSTOMER in contract tort (including negligence) breach of statutory duty or otherwise:-
6.1.1 for any loss or damage which the Customer may suffer by reason of any act omission neglect or default (including negligence) in the performance of the Contract by the Company its servants or agents in a sum in excess of the Fee paid for the Advertisement or, if the Advertisement was placed subject to an annual subscription, the proportionate cost of the Advertisement in relation to the annual subscription (excluding, in any case, any VAT, duty, sales or similar taxes);
6.1.2 for any Consequential Loss which the Customer may suffer by reason of any act omission neglect or default (including negligence) in the performance of the Contract by the Company, its servants or agents;
6.1.3 if any mistakes or errors arise during the course of publication or reproduction of the Advertisement;
6.1.4 for any inaccuracies supplied by the User including CV details and contact information; or
6.1.5 for any information, files or software sent to the Customer by a User which may contain viruses etc
provided that nothing in this Condition shall operate so as to exclude the Company's non-excludable liability in respect of death or personal injury caused by the negligence of the Company its servants or agents or to exclude liability for fraudulent misrepresentation.
6.2 For the purposes of this Condition "Consequential Loss" means:-
6.2.1 pure economic loss;
6.2.2 losses incurred by any client of the Customer or other third party;
6.2.3 loss of profits (whether categorised as direct or indirect);
6.2.4 losses arising from business interruption;
6.2.5 loss of business review, goodwill or anticipated savings;
6.2.6 losses whether or not occurring in the normal course of business, wasted management or staff time; or
6.2.7 loss or corruption of data or information.
7. Indemnity
Without prejudice to any other provision in the Contract the Customer shall at all times (both during and after the term of the Contract) indemnify the Company in full against all liabilities, losses (including loss of profit), costs, damages and expenses (including any damages or compensation paid by the Company on the advice of its legal advisers to compromise or settle any claim and any legal costs or expenses incurred by or on behalf of the Company) which it or any of its directors, officers, employees or agents may sustain or incur at any time as a direct or indirect result of or in connection with any actual or alleged:
7.1 breach of any express or implied warranty given by the Customer herein;
7.2 breach of any of the Customer's express or implied obligations under the Contract or any act omission or negligence on the part of the Customer.
8. Intellectual Property
8.1 Unless otherwise specified herein (if at all) the Company retains the entire legal and beneficial interest throughout the world in all copyright and any other intellectual property in the Website including contents and general appearance of its pages, and nothing herein constitutes any assignment or licence thereof to the Customer.
8.2 For the purpose and duration of the Advertisement the Customer hereby grants to the Company a royalty-free non-exclusive licence to use, publish and reproduce the Customer's name, logo, trade marks and brands to the extent necessary to enable the Company to comply with its obligations under the Contract.
8.3 Any ideas, concepts, know-how or techniques developed by the Company or obtained during the performance of the Services will be owned exclusively by the Company.
9. General
9.1 No failure or delay on the part of the Company to exercise any of its rights under the Contract shall operate as a waiver of such right nor shall any waiver by the Company of any breach by the Customer of any of its obligations under the Contract affect the rights of the Company in the event of any further or continuing breach.
9.2 Any notice required or authorised to be given under or pursuant to the Contract by either party to the other shall be in writing and shall be sent by hand or by first-class pre-paid post or transmitted by facsimile or other means of telecommunication resulting in the receipt of a written communication in permanent form to the address of the other party specified above or as otherwise notified by it to the serving party from time to time. The date of service of notices shall be:-
9.2.1 (for notices served by hand) the day of delivery or (if the same is not a Working Day) the next Working Day thereafter;
9.2.2 (for notices by first class prepaid post) 2 (two) days after the date of posting; and
9.2.3 (for notices transmitted by facsimile or other means of communication) the day of transmission or (if the same is not a Working Day and/or if transmission takes place after 17:00 hours) the next Working Day thereafter, provided that a hard confirmation copy thereof is sent by first class prepaid post to the other party at its said address within 24 (twenty-four) hours after transmission.
9.3 The Company shall have no liability for any failure to perform or any delay in the performance (other than as to payment) of any of its obligations under the Contract caused by any factor beyond its reasonable control.
9.4 Each and every obligation contained in these Conditions shall be treated as a separate obligation and shall be severally enforceable as such notwithstanding the non-enforceability of any such obligation.
9.5 The Contract shall be governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
9.6 A person who is not a party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
9.7 The Contract embodies the entire contract between the parties in respect of the subject matter hereof and supersedes all prior contracts, arrangements, understandings, representations and warranties made between the parties or by one party to the other relating to the said subject matter.
9.8 The parties are not partners or joint venturers or in a relationship of principal and agent or in a relationship of employer and employee.
9.9 Each party shall bear its own costs and expenses in relation to the preparation, execution and carrying into effect of the Contract.
9.10 The Customer may not, without the prior written consent of the Company, assign, mortgage, charge or dispose of any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations under this Contract.
9.11 Nothing in the Contract shall prevent the Company or any liquidator, receiver, administrative receiver or administrator for the Company from assigning, mortgaging, charging, sub-contracting, delegating or otherwise disposing of any of its rights or obligations hereunder to any other person subject only to the service of prior notice on the Customer to that effect.
10. Disclaimer
10.1 The Company expressly disclaims to the fullest extent permissible by law:-
10.1.1 any warranty condition or representation as to the operation, quality or functionality of the Website access to which may be interrupted, restricted or delayed for any reason);
10.1.2 any warranty condition or representation as to any material appearing on the Website, its accuracy, completeness, timelessness or fitness for any particular purpose;
10.1.3 all responsibility for any damages or losses (including financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Website or any material appearing on it, or from any action or decision taken as a result of using the Website or any such material.
10.2 The Website contains links to other sites on the World Wide Web whose disclaimers are out of the Company's jurisdiction. These links are for the information of the Customer, and the Company accepts no responsibility in respect of its use of such links or any material found on the linked sites.
If you have any questions regarding these terms or disclaimer please contact:
Multilingualvacancies.com Ltd
First Floor, 1 William Street
Windsor, Berks SL4 1BB
For Users
1. Disclaimer
The Website contains links to other sites on the World Wide Web whose disclaimers are out of the Company's jurisdiction. These links are for the information of the User, and the Company accepts no responsibility in respect of its use of such links or any material found on the linked sites.
2. Privacy Policy
The Company will make every effort to comply with the 1998 Data Protection Act and is committed to the protection and privacy of our users.
Contact details and other details such as your CV that you supply as part of the registration process will be stored by us and used to provide you, the User, with the information you have requested. These details as well as recorded statistical details may be shared with our advertisers but not disclosed to third parties except if we sell the whole or part of our business
Your current employer could be a Customer of us or a client of one of our Customers. We cannot be held liable for any eventuality which may result in this situation.
Multilingualvacancies gives you the option to apply for positions directly or to add your CV to our CV database. If you do not want your CV to be available to potential recruiters do not upload it to the CV database. By uploading your CV you are giving your consent to potential recruiters to view your details and contact you.
You are responsible for amending and updating your CV details. If you want your CV details removed please login to your account and cancel accordingly.
Your IP address will be used to assist with any technical problems with the server, and to administer our Website. It will also be used to gather general demographic information. Cookies will enable us to keep track of your searches and these will expire after 24 minutes of inactivity. Do not allow anyone to access your confidential information.
The site has security measures in place to protect the loss, misuse and alteration of the information under our control. You should ensure that all information regarding your account and password (where applicable) is kept confidential.
If you have any questions regarding the disclaimer or privacy statement please contact
Multilingualvacancies.com Ltd
First Floor, 1 William Street
Windsor, Berks SL4 1BB | 
