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Terms and conditions

The submission of vacancy/job/position or CV details to GAAPweb by an Advertiser or Candidate and access to the CV database by a Client constitutes and confirms such person’s agreement to these Terms and Conditions.

1. Definitions

GAAPweb/We/Us/Our	Financial Jobs Online Limited of 3^rd Floor Beaumont House, Kensington Village, Avonmore Road, London W14 8TS trading as GAAPweb
Advertiser/You/Your	A person, partnership, company or other legal entity who places advertising with GAAPweb.
Business Day	Monday to Friday excepting Bank Holidays.
Candidate	A person who submits his/her CV to GAAPweb for posting on the Website.
Client	A visitor to the Website for the purpose of recruiting Candidates.
CV	A Curriculum Vitae submitted to GAAPweb by a Candidate.
APL	Advance Purchase Listing.
PJL	Premium Job Listing.
SJL	Standard Job Listing.
Licence	The right to download CVs from the CV Database.
CV Database	The database of CVs compiled by GAAPweb and accessible via the Website.
Unlimited access	The ability to view an unlimited number of CVs via the CV Database subject to Fair Usage.
Fair Usage	Usage of the Website constituting fewer than 400 CV downloads within 1 log in session.
Website	The website at http://www.gaapweb.com.
Job Alert	The daily e-mail containing all job vacancies subject to Candidate search criteria.

2. General

2.1

These Terms and Conditions apply from 5^th November 2007. We may at any time change these Terms and Conditions without notice.

3. Advertiser Responsibilities

3.1

Advertiser warrants to GAAPweb in respect of each vacancy submission that the vacancy details it contains represent a genuine vacancy, that all information supplied is accurate, complete and true in all respects and that the publication of the vacancy details and the reproduction of the whole or a substantial part of the text submitted does not breach any agreement or infringe or violate any copyright, trade mark or other right of any person or render GAAPweb liable to any legal proceedings or claims whatsoever.

3.2

Advertiser shall at all times keep GAAPweb fully and effectively indemnified against any liability which We may incur as a result of publishing vacancy details or any other material submitted by Advertiser and against any claim for infringement of intellectual property or other third party rights.

4.GAAPweb Responsibilities

4.1 Publication

4.1.1

Job advertisements received by the correct email address in accordance with clause 6.1 before 3pm (PJL) or 5pm (SJL) on any business day will be included in the next scheduled daily Job Alert email and will be listed on the Website by 8am the following business day. Advertisements will remain on the Website for five (SJL) or twenty (PJL) business days (plus intervening weekends and English Bank Holidays).

4.1.2

We may make such amendments as We consider appropriate or necessary in the course of editing advertisements for publication on the Website in order to maintain a high quality of presentation and to aid keyword searching by Website visitors. Editing of vacancy submissions will take place without prior consultation with the Advertiser but We will not alter the factual basis of any submission.

4.1.3

We reserve the absolute right to omit or decline publication of vacancy submissions without providing any reason.

4.2 Confidentiality

4.2.1

Contract pricing and other terms are commercially sensitive and confidential. Advertiser agrees not to divulge any details to third parties (other than its solicitors and auditors for bona fide purposes) under any circumstances (other than as may be required by law) without specific written permission from GAAPweb.

4.3 Copyright

4.3.1

All advertisements submitted to GAAPweb are edited by Us before being published by Us. Copyright in any Advertisement as posted on the Website belongs to Us. No one may copy or reproduce advertisements published by us (or to purport to authorise others to do so) for any purpose without Our specific prior permission in writing.

5. CV Database

5.1

By posting and making public a CV on the Website, the Candidate agrees to its inclusion in the CV Database and to be contacted by Clients for the purposes of recruitment.

5.2

A Client shall not transmit or distribute any CV or other information received via the CV Database to any person(s), company or business other than for the purpose of arranging employment for a Candidate or Candidates.

5.3

A Client may access the CV Database subject to Fair Usage. If Fair Usage is exceeded within any 30 day period We reserve the right to suspend or terminate Client’s access with immediate effect.

5.4

The Client shall ensure that no automatic extraction software (to include software tools commonly known as spiders or robots) or any other means are engaged or deployed to facilitate the downloading or capturing of CVs from the CV Database.

6. Advertising and Rates

6.1 Submission

6.1.1

Unless otherwise agreed in writing by Us, vacancy details must be transmitted to GAAPweb by email, using a specified format to jobs@gaapweb.com

6.1.2

Under no circumstances will GAAPweb be liable for an loss or damage sustained by an Advertiser as a result of a failure to post a vacancy listing on the Website in a timely manner or at all or of any error or inaccuracy contained within a vacancy listing howsoever caused.

6.1.3

A vacancy submission must relate to a single job or a requirement for multiple identical jobs. We reserve the right to refuse listings for multiple, non-identical listings.

6.1.4

A vacancy description must not exceed 1,500 characters (including spaces) for an SJL and 4,000 characters (including spaces) for a PJL. We reserve the right to paraphrase or otherwise reduce any submission which in Our judgement we consider to be excessive.

6.2 Rates

6.2.1

Vacancy listings will be charged at the prevailing APL, SJL or PJL rates (whichever is applicable) as published on the Website, unless varied by a specific advertising agreement.

6.2.2

Where the Advertiser has agreed to supply a minimum number of vacancy listings each month and does not meet the agreed number during a particular month, the Advertiser is liable to pay in full for the agreed minimum number of listings.

6.2.3

Other services will be charged at rates agreed with the Advertiser.

6.2.4

Unless otherwise agreed, where the total value of payment-in-arrears advertising placed with GAAPweb by an Advertiser during a particular month is less than £100 (excluding VAT), our invoice for that month shall be rounded up to £100.

6.2.5

VAT shall be charged to all Advertisers at the rate applicable.

7. Billing and Payment Terms

7.1

APL vacancy listings will not be published until payment is received by Us in full. Ad-hoc and contracted Advertisers will be billed calendar monthly in arrears. Payment is due within 14 days of the invoice date unless otherwise agreed in advance of the publication.

7.2

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.

7.3

GAAPweb may suspend an Advertiser’s account and withdraw or refuse publication of all vacancy submissions 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.

8. Liability

8.1

Due to the nature of the Internet, there may sometimes be delays or interruptions to our normal service for reasons beyond our control. GAAPweb shall not be held liable for any losses arising from such events, and advertising fees shall remain payable in full.

8.2

GAAPweb accept no responsibility for loss of copy, data or other materials which the Advertiser supplies to it. Advertiser shall be responsible for retaining in its possession sufficient quality and quantity of such materials for its purposes.

8.3

Under no circumstances shall GAAPweb be liable to Advertiser whether under this agreement or in tort (including negligence or breach of statutory duty) misrepresentation or otherwise howsoever for pure economic loss, losses incurred by any client of the Advertiser or any third party, loss of profits (whether categorised as direct or indirect), losses arising from business interruption, loss of business revenue, goodwill, anticipated savings, wasted management or staff time.

9. Third Parties

9.1

The agreement reached pursuant to these terms and conditions is personal to the parties hereto and the Advertiser may not without GAAPweb's previous consent in writing assign the agreement evidenced by these terms and conditions in whole or in part.

9.2

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.

10. Force Majeure

10.1

Except with respect to obligations to pay fees under these terms and conditions, force majeure means anything outside the reasonable control of a party including but not limited to acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, ceasing to be entitled to access the internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation, embargo, failure or delay in transportation, any act or omission including laws, regulations, disapprovals or failures to approve of any Government or Government agency.

10.2

10.2 If a party is wholly or partially precluded from complying with its obligations by force majeure, then that party's obligations to perform in accordance with these terms and conditions will be suspended for the duration of the force majeure.

10.3

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.

11. Legal

11.1

Vacancy details must comply with all laws and ethical rules to which the Advertiser is subject. These include, but are not limited to, the following:

11.1.1

Vacancies advertised must be currently available and details verifiably accurate. Generic job listings cannot be accepted for publication.
11.1.2

11.1.2 Vacancy advertisements must not discriminate on grounds of age, race, colour, nationality, ethnic or national origins, disability, marital status or trade union membership (save to the extent specifically permitted in law).

Financial Jobs Online Ltd

November 2007