In these terms:
- “our”, “we” and “us” means Partner Together Limited and, where applicable, its officers, employees and authorised agents; and
- “you” and “your” include any business with which you are associated and on behalf of which you use our site (“your business”).
Information about us
We operate the website www.recruitmentgrowthnetwork.com. We are Partner Together Limited, a limited company registered in England and Wales under company number 09468938 and with our registered office and main trading address at The Aspen Building, Vantage Point Business Village, Mitcheldean, Gloucestershire GL17 0DD. Our VAT number is ‘VAT applied for’.
By using or subscribing to our service, you enter into a binding contract with us on the following terms.
A UK business service only
- Our site is directed exclusively at commercial enterprises in the United Kingdom. We do not accept applications for advertisements from outside the United Kingdom.
You represent to us in relation to these terms, that these terms will be:
- entered into for purposes integral to your business; and
- within the scope of your authority to conclude contracts on behalf of your business.
By applying to place an advertisement on our site, you warrant that:
- you have the legal capacity and the legal right to sell or offer for sale the goods and / or services referred to in the advertisement;
- all information and materials that you provide to us in connection with your advertisement and its subject matter are complete, accurate, legal, decent, honest and truthful and comply with the British Code of Advertising Practice and any other relevant codes under the general supervision of the Advertising Standards Authority, and that such information and materials and your advertisement are not defamatory, libellous, obscene, or otherwise unlawful, and do not breach any law, statute or regulation;
- the publication of the advertisement by us will not breach any contract, infringe any third party intellectual property rights or other rights, or make us liable to any proceedings, and/or harm our reputation in any way;
- in relation to any advertisement which contains any photograph or video by which any living person is or can be identified, you have obtained the necessary consent of that person and complied with the Data Protection Act 1998 (as amended from time to time) in all respects;
- any advertisement you submit to us for publication on our site has consistent, transparent and accurate pricing throughout; and
- your advertisement and any information or materials you supply to us in connection with it do not contain viruses or other computer programs intended to damage, interfere with or unlawfully process personal or other data.
- Any advertisement you request us to place on our site shall be required to comply with and shall be subject to any technical requirements or specifications we may notify to you from time to time.
- We are not responsible for the content of your advertisement, which you agree is your sole responsibility. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us caused by an untrue statement or description, or inaccurate or misleading photograph or video supplied.
- We reserve the right to review all advertisements prior to publication on our site, to refuse to publish any advertisement without reason, and to classify, edit and delete an advertisement at our sole discretion. Where reasonably practicable to do so, we will attempt to contact you to inform you of any changes we make prior to publication. We may at any time remove any material (including without limitation videos or photographs) from the advertisement which in our opinion is unlawful, inappropriate or offensive, which has been placed in the advertisement in breach of clause 5.1 above, or is otherwise in breach of these terms or any contract between us.
- You acknowledge that any advertisement we agree to display on our site is published on a non-exclusive basis, and that we will be entitled to display similar third party promotional material on our site which may relate to your direct competitors.
- By applying to place an advertisement on our site, you warrant that:
- exercise reasonable care in placing any advertisement on our site;
- use reasonable efforts to make our site available at all times; and
- All intellectual property rights (including, without limitation, copyright, trade marks, database rights and design rights (whether registered or not)) (IPRs) in our site, and in any logo, copy, text, artwork, photographs or other materials which we have created, and/or in any way altered for you, shall belong to us absolutely. To the extent that any such IPRs are not automatically vested in us, you assign to us all such IPRs. You shall, at our request, sign and execute all such documents and do all such acts as we may reasonably require to vest the IPRs in us, and to protect and enforce them. You further undertake that neither you nor any other person will assert any moral rights in or relating to the IPRs against us or any third party.
- In respect of any materials (except those referred to in clause 7.1 above) which you supply to us (materials), you grant us a non-exclusive, worldwide, irrevocable, perpetual and royalty free licence to use the materials for any purpose.
- You shall indemnify and keep us fully and effectively indemnified against all actions, suits, claims, demands, costs, charges, damages, losses and expenses (including legal expenses on an indemnity basis) suffered or incurred by us due to, or arising out of, the publication by us of any advertisement for you in accordance with your instructions or specifications including (without limitation) any claim for defamation or for the infringement of any third party's IPRs.
Exclusions and limitations
- We do not represent or warrant that access to our service, or any part of it, will be uninterrupted, reliable or fault-free.
- We do not represent or warrant to you that our site or any of its contents (including any advertisements posted on it) will be accurate, complete or reliable.
To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise, and whether or not due to our negligence) which we may otherwise have to you as a result of:
- any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site (including without limitation any advertisement on our site);
- the unavailability of our site (or any part of it), or of any advertisement on our site;
- any delay in providing, or failure to provide or make available our services, or any negligent provision of services; or
- any misrepresentation on or relating to our site, or the goods and services advertised on our site (other than a fraudulent misrepresentation made by us or on our behalf).
- Our maximum liability to your business in respect of your use of our service, will be limited to the amount of any commission paid on behalf of your business to us during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
- You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that you are responsible for providing us with the content for any advertisements you ask us to place on our site.
- None of the exclusions or limitations in this clause 7 shall exclude or restrict our liability for death or personal injury caused by our negligence.
- None of the exclusions or limitations in this clause 7 shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our service to you.
- Each of the above exclusions or limitations shall be construed as a separate and severable provision of these terms.
Service subscription and commission
Subscription to our service is free of charge. However, by placing an advertisement on our site, you agree to:
- pay commission to us in respect of any sales of goods or services which are concluded by you as a result of an advertisement placed on our site, in each case at the rate agreed with us in writing from time to time (such commission to be calculated on the ex-VAT amount received by you from your customer in relation to each sale);
- inform us of the value of each invoice you have issued and which has been paid by the relevant customer and relates to an advertisement placed on our site, in each case by no later than the end of the calendar month within which you received such payment from your customer; and
- make payment to us in full for the amount of commission which is due to us in relation to the relevant sale, within seven days of receipt of our invoice for that commission.
- All payments of commission which are due to us pursuant to these terms shall be paid in full and in cleared funds to a bank account nominated in writing by us, and time for payment shall be of the essence in relation to those payments.
- All amounts payable under these terms are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under these terms by us to you, you shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the relevant supply at the same time as payment is due for the supply in question.
Without limiting any of our other rights or remedies, if you fail to make any payment due to us in accordance with these terms by the due date for payment:
- we shall have the right to charge interest on the overdue amount at the rate of 4% per cent per annum above the then current base rate of National Westminster Bank plc accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly; and
- we may, at our discretion, remove any advertisement you have placed on our site. We need not provide you with advance notice in such circumstances.
- All amounts due to be paid to us under these terms shall be paid in full without any deduction, set-off or withholding except as required by law.
- Subscription to our service is free of charge. However, by placing an advertisement on our site, you agree to:
Links to other sites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
Termination of your subscription
- We may terminate your subscription immediately and remove any advertisement you have placed on our site if you are in material breach of any of these terms, and in particular upon any failure by you to pay your commission in accordance with these terms. You may terminate your subscription at any time on 30 days' notice to us.
- Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
No commercial use
You agree that you will use our service only for your internal business purposes and that you shall not exploit our service, our site or any of its contents for any commercial purpose.
Other important terms
- Third party rights. Where in these terms representations and warranties are made to us and to suppliers of goods and services through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
- Variations. We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms. Any changes to these terms will be posted on our site and by continuing to use our site following any such change, you will signify that you agree to be bound by the revised terms.
- Taxes. We have made every effort to make clear whether the quoted prices for goods and services available through our site include any relevant tax or duty. Where in any case it is not clear, please note before you make an order that you might be required to bear a liability to tax or duty (for example VAT) imposed by the supplier or by operation of law that is in addition to the price.
Copyright. All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
You hereby grant to us a perpetual, royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you upload or post to our site (whether to a chat room, review mechanism, bulletin board or otherwise). You acknowledge and agree that such material is not uploaded or posted subject to any obligation of confidence.
- Trade marks. We are the proprietor of the “RGN” and “Recruitment Growth Network” unregistered trade mark. All other trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
- Access. We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms.
- Events beyond our control. We shall not be liable to you for any breach of these terms or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
- Unenforceability. The enforceability or otherwise of any provisions of these terms shall not affect the enforceability of the rest of these terms.
- Applicable law and jurisdiction. These terms (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the English courts.