Terms and Conditions – Candidates

We are Online Video Services Limited, company number 10413057 whose registered office is at 47b Queens Road, Basingstoke, Hampshire, RG21 7RE You are an individual who is registering on our Website as a Candidate

1. Definitions
“Advertisement” means a notice placed by an Employer to attract Applications in relation to a Position. “Application” means your response to an Advertisement. “CV” means the curriculum vitae or any other document or file (in whatever format) which You provide to us for distribution to Employers with a view to securing a Position. “Employer” means a business that has a job vacancy and has placed an Advertisement. “Services” means any service that we provide to you under these Terms. “Website” means the website accessible via the URL candidatevideo.com.

2. Acceptance of Terms
2.1 We act as a conduit between Candidates and potential employers. By accepting or requesting any services or using any information from us you are deemed to accept these Terms and Conditions (“the Terms”), which apply to all dealings between us.
2.2 We may amend these Terms from time to time and notice of this will appear on the Website. Your continued use of the Services after such notice will constitute acceptance of the revised terms.

3. Services
3.1 Our Services are provided through the Website, which describes the nature and scope of the Services provided by us under these Terms. We will monitor your use of the website and will retain records of such monitoring. We rely on Candidates and potential employers acting truthfully and complying with all relevant laws.
3.2 You may open an account by uploading your CV and entering relevant information. We will retain your personal information for the purposes of providing Services to you, and your information will be treated in accordance with our Privacy Policy. You are legally liable for all information which you provide to us.
3.3 We do not verify information provided to us by Employers and we are not responsible for any inaccurate or misleading information provided by them. You are responsible for checking the accuracy of such information and the suitability of the Employer.
3.4 We do not discriminate against anyone applying for Positions through the Website. Whilst we are not responsible for the actions of Employers, we try to ensure that Employers do not discriminate on the grounds of race, disability, gender, age, sexuality, religion, or other unlawful grounds. If you are concerned about any Advertisement, please let us know.
3.5 We do not act as an employment agency. If the Employer offers you a Position, your employment contract will be between You and the Employer and You are responsible for checking and accepting any terms offered by the Employer.
3.6 Once you have registered with us we will retain your details in our database and contact You about Positions that seem appropriate or allow Employers to conduct such searches. Please notify us if You would like us to cease this at any time. Please note that your current employer may find your details through these searches, and we are not responsible for any consequences of this.

4. Confidentiality
4.1 Your personal information will be treated as set out in our Privacy Policy.
4.2 You shall keep confidential any information about:-
4.2.1 Us and our Services (unless it is in the public domain);
4.2.2 any Employer, its Positions, and recruitment processes (although this does not prevent You from seeking legal advice or enforcing your legal rights).


5. Termination
5.1 We may terminate the contract between us governed by these Terms at our sole discretion if:-
5.1.1 in the case of a breach of these Terms by You, we provide You with notice of such breach and You fail to remedy such breach within 14 days (if they are capable of remedy), or at once (if it is a serious breach or one that cannot be remedied); or
5.1.2 You are using the Services for any improper use, creating a service or product which competes with Our Services, or acting in such a way to damage, or with the intention of damaging Our reputation.

6. Liability
6.1 Our maximum liability to you for any loss arising out of or in connection with the Services or any contract with you governed by these Terms shall not exceed £5,000 (five thousand pounds).
6.2 In no event shall We be liable for any indirect loss, regardless of whether such losses are foreseeable and whether or not caused by our negligence arising out of or in connection with your use of Our Services.
6.3 We are not liable for any loss of revenue or profit, loss of opportunity, loss of employment, loss of or corruption of data, in each case whether direct or indirect.
6.4 Nothing in these Terms shall limit Our liability for loss or damage arising out of personal injury or death or acts of fraud (including fraudulent misrepresentation).
6.5 We do not act as agent for the Employer.

7. Entire agreement
7.1 These Terms contain the entire and only agreement between You and Us in relation to the agreement between us, and supersede all previous agreements between us in respect of the subject matter of this agreement. No terms shall be implied into these terms by operation of law (including statutory provision) or otherwise.
7.2 For the purpose of the Contracts (Rights of Third Parties) Act 1999, this agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.

8. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.
Terms and Conditions – Employers

We are Online Video Services Limited, company number 10413057 whose registered office is at 47b Queens Road, Basingstoke, Hampshire, RG21 7RE

You are a Client of ours (“Client”) and “you”, “your”, and “yours” refers to you.

1. Definitions
“Account” means the account registered by or on behalf of the Client.
“Advertisement” means a notice designed to attract Applications from Candidates in relation to a Client’s Requirement.
“Application” means a Candidate’s response to an Advertisement.
“Candidate” means a person who responds to an Advertisement.
“CV” means the curriculum vitae or any other document or file (in whatever format) which the Candidate provides to us for distribution to potential employers with a view to securing a job.
“Fees” means the fees and charges payable by the Client.
“Intellectual Property” means patents, trade marks, registered designs, applications for any of the foregoing, unregistered design rights, service marks, trade and business names, copyright and know-how.
“Loss” means any action, claims, costs, damages, demands, expenses, fines, liabilities, losses or penalties.
“Material Misrepresentation” means any hiding or falsification of a material fact which, if known to us, could have significantly altered the basis of the contract.
“Requirement” means a request from the Client for us to introduce a Candidate.
“Service” means any service that we provide to you pursuant to these Terms.
“Terms” means the terms and conditions set out herein.
“User” means any person acting on behalf of the Client to use the Client’s Account.
“Website” means the website accessible via the URL candidatevideo.com.

2. Acceptance of Terms
2.1 We act as a conduit between Candidates and potential employers. By accepting or requesting any Services or using any information from us you are deemed to accept these Terms, which apply to all dealings between us.
2.2 We may amend these Terms from time to time and notice of this will appear on the Website. Your continued use of the Services after such notice will constitute acceptance of the revised terms.

3. Services
3.1 Our Services are provided through the Website, which describes the nature and scope of the Services provided by us under these Terms. We will use reasonable endeavours to keep the Website available but do not guarantee any level of availability. We will update and enhance the Website from time to time and there may be periods of downtime associated with this.
3.2 You may open an Account by accessing the Website and entering the relevant information. We will retain your information for the purposes of providing Services to you, and for providing marketing information to you, and your information will be treated in accordance with our Privacy Policy. We rely on Candidates and potential employers acting truthfully and complying with all relevant laws. We do not verify information provided by Candidates and we are not responsible for any inaccurate or misleading information provided by Candidates. You are legally liable for all information which you provide to us. You agree that we may monitor your use of the Website and Services and retain records of such use.
3.3 The Website will allow the Client to communicate with Candidates. In the course of such communication, you are responsible for the content of all your communications and you must comply with all relevant laws. The Client will indemnify us for all Loss which we may suffer in relation to a Client’s Requirement or Advertisement, any Client communication with a Candidate, and any action which the Client takes in relation to a Candidate.
3.4 Our Website (including all relevant software systems) are provided on an “as is” basis and we do not warrant that it will be compatible with your systems. It is the Client’s responsibility to ensure that it has the technology capability to access all features of the Website.
3.5 We use reasonable endeavours to protect our Website (including all relevant software systems) against attacks and malware, but cannot guarantee that the Client will not be affected by viruses or other harmful or malicious code as a result of accessing or downloading from the Website.
3.6 The Client must ensure that it does not damage the Website or its software systems and may not attempt to reverse engineer or decompile the software underlying the Website or any interface of the Website.
3.7 We do not verify information provided to us by Candidates and we are not responsible for any inaccurate or misleading information provided by them. You are responsible for checking the accuracy of such information and the suitability of the Candidate. We do not guarantee that the Advertisement will result in a suitable Candidate being found, and Fees will not be refunded in such circumstances.
3.8 We do not discriminate against anyone applying for jobs through the Website. Clients must ensure that they do not discriminate on the grounds of race, disability, gender, age, sexuality, religion, or other unlawful grounds.
3.9 We do not act as an employment agency as defined in the Employment Agencies Act 1973. We act as a conduit for Clients and Candidates to meet and we are not involved in any transaction between them. We do not act as agent of the Candidate.
3.10 The Services are provided solely for the internal business use of the Client. The Client may use Applications for the purpose of fulfilling its Requirements, but may not make the Applications available to any other party. The Client may not re-sell or sub-licence the Services or otherwise make them available to any third parties.

4. Confidentiality
4.1 You agree that:-
4.1.1 you shall keep any information relating to a Candidate confidential and shall only use it for the purpose of fulfilling a Requirement;
4.1.2 you shall use any information relating to a Candidate in accordance with data protection legislation;
4.1.3 you shall not pass Candidate information to any third party;
4.1.4 you shall not divulge to any other party, nor use for your own benefit, any confidential information relating to the affairs of our business or our business methods.
4.2 Your confidentiality obligations above are for the benefit of us and the Candidates in question. Under the Contracts (Rights of Third Parties) Act 1999, we will allow Candidates to enforce these duties directly against you.
5. Intellectual Property and Data Protection

5.1 We do not grant the Client any rights in our brand, the Website, our database of CVs and Applications, the Advertisements or the Applications, and we retain all Intellectual Property in them.
5.2 In our processing of personal data as part of the provision of Services to you, we will act as a data processor and we will retain CVs and Applications as data controller, for the purposes of data protection legislation.
5.3 In your use of the Services you shall comply with all relevant data protection legislation.
6. Termination

6.1 We may terminate the contract between us governed by these Terms at our sole discretion if:-
6.1.1 in the case of a breach of these Terms by You, we provide You with notice of such breach and You fail to remedy such breach within 14 days (if they are capable of remedy), or at once (if it is a serious breach or one that cannot be remedied);
6.1.2 the Client fails to pay on the due date any sums that may be due; or
6.1.3 You are using the Services for any improper use, creating a service or product which competes with Our Services, or acting in such a way to damage, or with the intention of damaging Our reputation.

7. Fees and Payment
7.1 The Fees are as stated on the Website.
7.2 The Fees are subject to change without notice. Such changes will be set out on the Website or via any other means of communication with the Client.
7.3 Payment is due upon placement of the Requirement, and we will not commence work on your vacancy until payment has been received in full.
7.4 All fees are exclusive of value added tax.

8. Liability
8.1 Our maximum aggregate liability to you for any Loss arising out of or in connection with the Services or any contract with you governed by these Terms shall not exceed £5,000 (five thousand pounds).
8.2 In no event shall We be liable for any indirect Loss, regardless of whether such losses are foreseeable and whether or not caused by our negligence arising out of or in connection with your use of Our Services.
8.3 We are not liable for any loss of revenue or profit, loss of opportunity, loss of reputation, loss of or corruption of data, in each case whether direct or indirect.
8.4 Nothing in these Terms shall limit Our liability for loss or damage arising out of personal injury or death or acts of fraud (including fraudulent misrepresentation).
8.5 We do not act as agent for the Employer.

9. Entire agreement
9.1 These Terms contain the entire and only agreement between the parties in relation to the agreement between us, and supersede all previous agreements between us in respect of the subject matter of this agreement. No terms shall be implied into these terms by operation of law (including statutory provision) or otherwise.
9.2 Each party agrees that in entering into this agreement it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as are expressly set out herein.
9.3 Save as expressly provided herein, for the purpose of the Contracts (Rights of Third Parties) Act 1999, this agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.

10. Governing Law and Jurisdiction These Terms will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.