Six Sigma City: Terms and Conditions:
1. General Terms and Site Usage
1.1 Words defined in any Order Form (being a form completed whether
in electronic or hard copy form leading to a contract) and in clause 2 of these
Terms and Conditions shall bear the meanings specified in those clauses; ?
1.2 If on any point the general terms are inconsistent with the
express terms of any contract, the express terms shall prevail;
1.3 Once you have confirmed that these Terms are accepted you may
browse the areas of the Website that do not require registration. Other facilities
will be made available and provided to any Client in accordance with any specific
contract that is entered into and will be fully detailed on an Order Form;
1.4 We reserve the right to restrict access at any time to areas
containing sensitive or confidential information or material belonging to third
parties;
1.5 You will in your use of the Website and in providing any information
to us ensure that and you warrant that any such information provided to us is accurate
and complete, does not breach any law (whether Data Protection Act, other statute
or common law) and is provided in good faith and without breach of any third parties'
rights;
1.6 You accept that if in your use of the Website you cause any
virus or other files or code that interrupt, destroy or limit the Website ('computer
virus') then you will indemnify and hold the Company harmless from all claims, costs
and expenses arising therefrom;
1.7 You will further hold harmless and indemnify the Company in
respect of all claims, costs and expenses arising out of any breach by you of the
assurances and warranties by you set out in these Terms;
1.8 Any subsequent contract entered into between you and us, however
arising, whether verbal, electronic, in writing or in some other way or in any combination,
will incorporate these general terms save and except only to the extent they are
inconsistent with the express terms of that contract.
2. Definitions
2.1 The words defined on the Order Form shall bear the meaning
given on that Order Form;
2.2 'Advert' means material provided to the Company for advertising
purposes designed to be placed on the Website be these linking to the “normal job
advert” or the “premium job advert”;
2.3 'Applicants' means a person applying for a vacancy through
the Website, who has submitted their CV to the Website or whose details have been
made available to the client through the Website or as a result of the existence
or activities of the Website;
2.4 'Top Banner Advertising' means an Advert on a banner on any
home page, search page or results page of the Website, Top Banner Advertising will
be rotated;
2.5 'Intellectual Property' means copyright, trademarks, design
right, design marks and all and any other Intellectual Property rights of any kind;
2.6 'Normal Job Advert' and ‘Premium Job Advert’ means provision
of a vacancy listing to be posted for 7, 14, 28 days and both variants and renewable
periods thereof. Normal Job Advert has a lower prevalence of occurrence than the
‘Premium Job Advert’ that statistically has a greater probability of display and
probability of click through;
2.7 ‘Sponsored Key Advert’ is the advert designed to appear when
key words are typed in the search boxes on any home page, search page or results
page of the Website, Sponsored Key Advertising will be rotated;
2.8 ‘cv or resume search’ is the function where candidates have
agreed to their cv being searchable by potential employers or agencies acting on
their behalf.
2.9 'Terms' or 'these Terms' or similar references means these
Terms of Trading;
2.10 'Us' or 'We' means the Company;
2.11 'You' means the Client.
3. Intellectual Property and Copyright
3.1 You acknowledge that all Intellectual Property and copyrights
contained in the Website and all material on it and the name of the Company and
its Website and each and every part of it shall remain at all times vested in us
subject to any licensing rights we may grant to third parties. The whole content
of this website is protected by copyright law. Applicants may utilise access to
the Website for personal use only and Clients and Applicants each may not and agree
and each warrant that they will not either themselves or by assisting or facilitating
any third party, in any way copy, reproduce, transmit, distribute, exploit or create
other intellectual property utilising any part of the Company's Intellectual Property;
3.2 You confirm the warranty given previously in these Terms that
all material provided to us by you is in accordance with all applicable laws and
without breach of the rights of any third party and by entering into the contract
and providing materials to us for posting on the Website you grant to us a licence
to utilise your Intellectual Property in materials provided by you and/or so posted;
4. Payment and Prices
4.1 The Order Form specifies the prices and shall be subject to
agreement in respect of each contract entered into;
4.2 All prices included in the Order Form exclude value added tax
which will, if payable, be payable in addition;
4.3 Payment is due by the 14th day from receipt of a VAT invoice
unless otherwise agreed by The Company;
4.4 In the case of sums paid to the Company by cheque payment shall
be deemed to have been made when the Company's bank account has been credited with
the amount for which the cheque is drawn and not before;
4.5 The Company reserves the right to charge interest on a monthly
basis at a figure equivalent to the current bank lending rate plus 4% (four percent)
of all monies due but unpaid until such payment has been made and all accounts cleared
to the satisfaction of the Company;
4.6 In the event of any dispute you shall not be entitled to withhold
payment or to any right of set-off against any payments due to the Company under
this or any other contract;
4.7 The Company shall be entitled (without prejudice to our other
rights and remedies) either to terminate wholly or in part any or every contract
between you and us and to cease to provide any of the Services in the event of non
compliance by you with any terms of payment, if you make any voluntary arrangement
with your creditors or (being an individual or firm) become bankrupt or (being a
company) become subject to an Administration Order or go into liquidation (otherwise
than for the purpose of amalgamation or reconstruction), an Encumbrance takes possession
or a Receiver is appointed of any of your assets, you cease or threaten to cease
to carry on business or we reasonably apprehend that any of these events is about
to occur and notify you accordingly.
4.8 Advert design is the responsibility of the Client. The Company
will, if required (and will in any event need to approve) design of website material
utilised in the various display sections of the website sixsigmacity.com.
5. Client's Obligations
5.1 You are obliged to pay us the fees upon the terms set out in
the Order Form and these Terms;
5.2 You are obliged to provide us with all artwork required for
each Advert and any page or website content provided as part of the Services, together
with assurances, if required by us, that specific artwork does not breach any law
or third party rights;
6. The Company's Obligations
6.1 The Company agrees to provide such of the Services as it has
agreed to provide to you subject to you complying with these Terms but the Company
has the right without notifying you to vary or amend the Services so as to comply
with any internet service provider's security safety or statutory requirements or
recommendations or best practice;
6.2 We will have no obligation to include hyperlinks or reference
to other websites in any Advert unless specifically requested by you and agreed
to by us.
6.3 The Company will provide to Applicants, potential recruits,
jobseekers and other accessing the Website the following facilities:-
6.3.1 ‘Advanced Search facilities’ Allowing the browsing and filtering
by users accessing suitable vacancies by searching by specific areas (job title,
industry sector, location, salary and others);
6.3.2 'Hyperlinks' where agreed by the Company to advertiser's
corporate websites;
6.3.3 General services and news and updates where the company deems
them of interest and suitably of interest to it’s members.
7. Confidentiality and Status
7.1 We take confidentiality very seriously and in entering into
any contract or by viewing the Website you agree to abide by our privacy policy
(which is separately available on our Website);
7.2 The Company agrees to abide by its privacy policy from time
to time and reserves the right to update and amend such policy from time to time;
7.3 You agree not to disclose any sensitive or confidential information
or materials belonging to other parties but to use the same only and strictly for
the purposes for which you were given access to it on the Website;
7.4 You acknowledge that the obligation of confidentiality is a
contractual one and that you will be liable for damages for its breach and accordingly
you warrant that you are of legal capacity and have an address for service and residence
in the UK at which you may be served with legal proceedings.
8. Limitation on Liability
8.1 Save that the Company does not seek to exclude liability for
death or personal injury resulting from the negligence of itself, its servants or
its agents, you acknowledge that the information and material available or obtained
through the Website is for general information and for general use and is not specific
advice in relation to specific needs and enquiries and accordingly the Company shall
not be liable for any direct or indirect costs, damages or expenses or consequential
loss relating to damage to property or injury or loss to any person, firm or Company,
or for any loss of profits arising out of any step you take or decision you make
based on any information obtained from or as a result of the Website;
8.2 Pursuant to the preceding term, you acknowledge that the Company
gives no and makes no warranty or assurance as the accuracy, lawfulness, or any
other aspect of any information obtained through, from or as a result of the Website
and the preceding limitation on liability shall apply in full thereto. You acknowledge
that you must, yourself, assess any agreement you enter into with any third party
arising from information obtained from, through or as a result of the Website;
8.3 We accept no liability and you must accept at your own risk,
any damage caused by the transmission of any computer virus or similar;
8.4 The Company's liability howsoever under any contract between
you and the Company and whether in respect of one claim or in the aggregate arising
out of such contract shall not in any event exceed the price payable by you to us
under the contract;
9. Our Rights
9.1 We reserve the right to:
9.1.1 deny or suspend Your access to the Website or any part thereof
if Your use of the Website or that part is deemed by Us abusive, excessive, or against
the interests of other users or in breach of these Terms;
9.1.2 modify or withdraw, temporarily or permanently, the Website
with or without notice to You and You confirm that We shall not be liable to You
or any third party for any modification to or withdrawal of the Website;
9.1.3 change these Terms from time to time, and Your continued
use of the Website (or any part thereof) following such change shall be deemed to
be Your acceptance of such change. It is Your responsibility to check regularly
to determine whether the Terms have been changed. If You do not agree to any change
to the Terms then You must immediately stop using the Website; and/or
9.1.4 refuse to place any content or material provided by You onto
the Website and/or the Community in Our sole discretion and to remove any content
or material from the Website and/or the Community once uploaded in Our sole discretion.
10. General
10.1 The Company reserves the right to vary, amend, alter or remove
the Website or any part of it and any information on it, at any time and you will
have no right to compensation as a result thereof;
10.2 We shall not be liable to you or be deemed to be in any way
in breach of any contract between us in the event of any delay or failure being
due to any cause beyond our reasonable control which, without limitation, includes
Acts of God, explosion, flood, tempest, fire, accident, war or threat of war, sabotage,
insurrection, civil disturbance, acts, restrictions, regulations, bye-laws, prohibitions
or measures of any kind on the part of any government, parliamentary or regulatory
authority;
10.3 The Company's rights and remedies shall not be prejudiced
by an indulgence or forbearance to you in respect of any contract and no waiver
by the Company of any breach of any contract by the buyer shall operate as a waiver
of any subsequent breach of that or of any other contract;
10.4 These terms and conditions together with the Order Form and
the Privacy Policy constitute the entire agreement between you and us and the construction,
validity and performance of this contract shall be governed by the laws of England
and you expressly submit to the jurisdiction of the English courts;
10.5 You specifically confirm and acknowledge that any notices
served by us on you at the address given on the Order Form will be accepted by you
as valid service unless and until you inform us in writing at our address given
on the Order Form of any change in such address;
10.6 The person signing the Order Form on behalf of the Client,
or giving instructions in any other way resulting in a contract being entered into,
warrants that he/she has due authority to enter into the contract and in the event
of breaching this warranty accepts personal liability to make all payments due to
the Company under any contract arising from such Order Form.
11. CV Database
11.1 Six Sigma City will make CV,s available to clients, who have
selected the CV search service, for the purposes of online CV searches – a service
to follow shortly. The service is subject to any instruction from members with regards
to the availability of their details.
11.2 CVs are only made available to agencies and employers for
the purpose of securing suitable employment.
11.3 When applying for a role in the first instance, the CV used
will be uploaded to the Six Sigma City database and will be made available to agencies
and employers where appropriate.
11.4 These terms and conditions apply from 30th August 2006 and
replace any previous terms and conditions. We reserve the right to amend these terms
and conditions from time to time.