Terms and Conditions - LetJoKnow

(1 December 2006, Version 1)

These Conditions are deemed accepted by any Client who uses the Services provided by LetJoKnow and shall form part of the Contract between LetJoKnow and any Client.

1. Definitions

In these Conditions, the following words and phrases shall have the following meanings unless the context requires otherwise:

Candidate: a person who registers with LetJoKnow for the purpose of finding employment;

Candidate Availability Status: the Candidate's employment status, "Available" or "Not Available", as notified to LetJoKnow by the Candidate from time to time;

Candidate Information: any information the Candidate is requested to disclose to LetJoKnow, including without limitation, education, employment, training history and contact details (as applicable);

Client: any person or business entity to whom LetJoKnow has agreed to provide the Services pursuant to a Contract;

Client Support Telephone Line: the Client support telephone line operated by LetJoKnow;

Conditions: these Recruiter Terms and Conditions;

Contract: the binding contract between LetJoKnow and the Client that shall come into existence only on acceptance by LetJoKnow of any Offer made by the Client;

Fees: the fees and charges payable by the Client as specified in the Contract;

Fixed Price: a fee is payable by the Client as specified in the Contract to cover all usage of the Services per calendar month;

LetJoKnow: LetJoKnow Limited, a company incorporated in England and Wales (company number 06034533) with business address at Langstone Technology Park, Langstone Road, Havant PO9 1SA, and registered address at Northliffe House, 2 Derry Street, Kensington, London W8 5TT;

Offer: the communication by the Client of its acceptance of the Order Detail and these Conditions;

Order Detail: LetJoKnow's statement of the Services that it is willing to provide to the Client and the Fees that shall apply;

Services: any Services provided by LetJoKnow to Clients from time to time, including without limitation, assisting Clients to find Candidates to fill a Vacancy by use of text message, this Site or the Client Support Telephone Line;

Site: the Site at www.letjoknow.com;

Vacancy: a position advertised by a Client where details are sent by text to selected Candidates.

2. Services

2.1. LetJoKnow does not make any representation whatsoever about any Candidate. LetJoKnow relies on Candidate Information provided to it by Candidates. Accordingly, it is a matter for the Client to satisfy itself as to the suitability of any Candidate for any Vacancy.

2.2 LetJoKnow shall be entitled to make changes to the Services or withdraw the Services at anytime.

2.3 LetJoKnow reserves the right to cease providing the Services to any Client at its absolute discretion and without notice.

2.4 LetJoKnow shall only collect and process Client's data for the purpose of providing the Services (or as may otherwise be expressly agreed by the Client) and always in accordance with any applicable data protection legislation in the United Kingdom.

2.5 The Client acknowledges and accepts that LetJoKnow cannot guarantee to provide the number of Candidates requested by the Client in respect of a Vacancy and that no such obligation is imposed on LetJoKnow.

2.6 LetJoKnow shall encourage Candidates to keep their Candidate Availability Status up to date.

2.7 The Client and LetJoKnow may agree that LetJoKnow can accept instructions in relation to the Services (without having to refer to the Client) from any of the following persons: (a) any person or business entity agreed between LetJoKnow and the Client; and (b) any person or business entity to whom the Client has entrusted its username and password to use the Services.

3. Obligations of the Client

The Client hereby undertakes and warrants to LetJoKnow that:

3.1 it shall act as principal for the purposes of the Contract notwithstanding that the Client may be acting directly or indirectly for a third party;

3.2 it shall use all reasonable precautions to prevent any unauthorised use of the Client's username and password;

3.3 it shall comply with all applicable laws in relation to its use of the Services and any Candidate Information received by it, including without limitation, any data protection legislation;

3.4 any information supplied by the Client to LetJoKnow is accurate and complete to the best of the Client's knowledge and belief;

3.5 each Vacancy is legal and the Client shall comply with all applicable employment and health and safety legislation;

3.6 each Vacancy description is honest and truthful;

3.7 no communication by the Client to any Candidate shall be offensive, obscene, indecent, defamatory, designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety; and

3.8 the Client shall ensure that the Candidate is made fully aware of any conditions imposed by law which must be satisfied prior to any Candidate accepting a Vacancy.

4. Fees and Payment

4.1 The Fees shall be those agreed between LetJoKnow and the Client in the Contract.

4.2 Payment for Services shall be made according to the payment terms specified in the Contract.

4.3 If the Client fails to make any payment by the due date then the Client agrees to pay to LetJoKnow: (a) the sum of £25 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 PLC accruing from the due date until the date of the actual payment (whether before or after judgement).

4.4 All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax.

5. Liability

5.1 To the extent permitted by law, LetJoKnow excludes any and all liability whatsoever under these Conditions, including without limitation, for any damage, indirect or consequential loss, or loss of business, revenue, profits, use or opportunity.

5.2 Nothing in these Conditions restricts or excludes LetJoKnow's liability for death or personal injury caused by its own negligence.

6. Indemnity

The Client shall indemnify LetJoKnow and keep LetJoKnow fully indemnified against all costs, claims, damages, losses, expenses and liabilities suffered or incurred by LetJoKnow as a result of the Client's breach of any of its representations, warranties or obligations in these Conditions.

7. Termination

7.1. in the case of Fixed Price subscriptions, the Client or LetJoKnow can terminate the provision of the Services to the Client by giving not less than 30 days’ prior written notice to the other party.

7.2. Without prejudice to any other terms contained herein, either party may terminate the provision of the Services to the Client at any time by notice in writing to the other party (the "Defaulting Party") if the Defaulting Party is in breach of these Conditions or any Contract and fails to remedy such breach, if capable of remedy, within 14 days of written notice from the other party requiring it to be remedied.

8. General

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

8.2. These Conditions and any Contract shall be governed by and construed in accordance with English law and LetJoKnow and the Client submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or in connection with these Conditions and any Contract.

8.3. Nothing in these Conditions and any Contract is intended to confer on any person any right to enforce any provision of these Conditions and any Contract which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.