1.1 All business undertaken between your company/organisation and Compliance Online specified on the advertising order form is subject to these terms and conditions of business.

 

1.2 Any references to "we" or "us" or "our" are references to Compliance Online.

 

2. REGISTRATION

2.1 The details provided by you on Registration are important and must be true, complete and correct. You agree to notify us immediately of any changes which are relevant to your Registration by informing us at care@complianceonline.co.uk

 

3. YOUR INFORMATION

3.1 We will respect your information and undertake to comply with all applicable UK data protection legislation currently in force.

 

3.2 Other than as required by law, or as permitted by these conditions, we will not disclose your Registration details to any third party without your permission.

 

3.3 We will not monitor or edit the contents of your postings on Compliance Online unless required to do so by law (in particular laws relating to defamation, harassment or obscenity) or in the good faith belief that such action is necessary to:

 

3.3.1 conform to the edict of the law and comply with legal process served on us;

3.3.2 protect and defend our right to properties;

3.3.3 act under exigent circumstances to protect the personal safety of our users or the public; or

3.3.4 carry out necessary maintenance or improvements to the posting service.

3.3.5 ensure that the postings are of a standard that is acceptable to us, at our sole discretion, for inclusion in the Site.

 

3.4 We reserve the right to temporarily remove any postings which we, in our sole discretion, consider to be of an unacceptable standard to include in the Site for any reason and the right to request that you rewrite any such postings and if such postings are not rewritten in a manner acceptable to us within two business days of such request, such postings shall be removed permanently by us.

 

3.5 In order to maintain the integrity of Compliance Online we reserve the right to forward contact details to any regulatory authorities when requested to do so including the police; we may also forward contact details where a complaint arises concerning your use of Compliance Online and where that use is deemed to be inconsistent with these terms and conditions.

 

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Nothing in these conditions shall take effect so as to give you any rights in relation to copyright, trade marks or other intellectual property rights in Compliance Online, other than the limited rights of use of such service set out in these terms and conditions.

 

4.2 Except as permitted by applicable law, you agree not to copy, modify or reverse engineer any part of   Compliance Online

 

4.3 You hereby indemnify us against any and all liability for any and all copyright infringement or the breach of any other intellectual property right, that is caused by your failure to abide by these terms and conditions.

 

5. OUR OBLIGATION TO YOU

5.1 We will use our reasonable endeavours to maintain Compliance Online in a fully operating condition and error free. We shall have no liability for any failures in you accessing Compliance Online caused by any software utilised by you when inputting any posting information.

 

6. YOUR OBLIGATIONS TO US

6.1 You agree that the total number of postings that you display on the web site Compliance Online (the "Site") will not exceed 10% of the total number of the 'live' postings displayed on the Site at any time (the "Level"). Furthermore, you agree that we shall be entitled at our sole discretion to remove any and/or all of the postings that exceed the Level at any time.

 

6.2 You agree not to sell or in any way transfer the benefit of the services that we provide to you, including, but without limitation to the generality of the foregoing, the job postings that you display on the Site.

 

6.3 You agree that you will only use Compliance Online in a manner that is consistent with these terms and conditions and in such a way as to ensure compliance with all applicable laws and regulations. In particular, you will not use Compliance Online to transmit or distribute any material which is defamatory, offensive or of any obscene or menacing character, or which may, in our judgement, cause annoyance or inconvenience or anxiety to any person including without limitation any racist, sexist, harassing, threatening, vulgar or abusive material, opinions or messages.

 

6.4 You agree not to use Compliance Online or the services made available to you on or via Compliance Online such that you cause a whole or part of Compliance Online or such services to be interrupted, damaged, rendered less efficient or in any way impaired.

 

6.6 You agree to take full responsibility for the use of Compliance Online and accordingly you accept liability under these terms and conditions for third party use of Compliance Online which is in breach of these conditions.

 

6.7 You agree not to use Compliance Online to gain or seek unauthorised access to other computer systems.

 

6.8 We reserve the right to suspend the services offered to you by Compliance Online if we have reasonable cause to suspect that you are in breach of any of the terms of these conditions.

 

6.9 You agree to maintain the confidentiality of the price/prices that is/are agreed between us and to keep any negotiations or other information connected therewith in strict confidence and not to disclose such information to any third party."

 

7. LIMITATION OF LIABILITY

7.1 Nothing in these terms and conditions shall limit either our or your liability for personal injury of death caused (respectively) by our or your negligence.

 

7.2 Subject to condition 7.1 above, except as set out in these terms and conditions, we shall not be liable to you or to any third party for any lost profits; any loss of business; any cost of replacement services; any punitive or exemplary damages; or any indirect, consequential, incidental or special losses or damages or any kind or nature whatsoever, howsoever caused; and, unless otherwise excluded under this condition, your exclusive remedy for any claim, loss or damages in any way related to any services provided or anticipated to be provided under these conditions shall be limited to the aggregate value of any service levels purchased from us. Nothing contained in this condition shall prevent either party from seeking interlocutory relief.

 

8. TERMINATION

8.1 On successful registration and acceptance as a Compliance Online user, you shall be entitled to use Compliance Online subject to these conditions which will remain effective until terminated in accordance with the following provisions.

 

8.2 Your right to continue to use Compliance Online will terminate immediately on written notice from us if :

8.2.1 you fail to comply with any of these conditions; or

8.2.2 you become insolvent or bankrupt.

 

8.3 We may notify you by giving 1month's prior written notice if we choose to cease to provide Compliance Online for any reason.

 

8.4 Written notices as required by these conditions will be sent either by e-mail or post to the relevant party's address as set out at the head of these conditions or in the Registration Form, as appropriate.

 

8.5 On termination you will destroy or delete as appropriate all material and content contained or provided to you for your use of Compliance Online.

 

9. PAYMENT TERMS

9.1 All invoices are subject to VAT at the prevailing rate and are payable within 7 days of invoice date. Late payment will render null and void our undertaking to provide the posting service.

 

9.2 We have a right to charge interest at the rate of 5% per month or part thereof on all accounts remaining unpaid 30 days after the invoice date.

 

10. WAIVER

10.1 Failure or neglect by Compliance Online to enforce at any time any of the provisions of these terms and conditions shall not be construed nor shall be deemed to be a waiver of Compliance Online rights under these terms and conditions nor in any way affect the validity of the whole or any part of these terms and conditions nor prejudice Compliance Online rights to take subsequent action.

 

11. SEVERABILITY

11.1 In the event that any of the terms, conditions or provisions of these terms and conditions shall be determined by an competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent by severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extend permitted by law.

 

12. FORCE MAJURE

12.1 Compliance Online shall not be liable to you in respect of anything that may constitute breach of this Agreement arising by reason of force majeure, namely circumstances beyond the control of Compliance Online which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, telecommunications and utilities failure, riot, civil commotion or civil authority, including acts of local government and parliamentary authority, breakdown of plant or machinery or software or death of royalty.

 

13. APPLICABLE LAW AND JURISDICTION

13.1 The laws and England and Wales shall govern these conditions and your use of Compliance Online and the parties hereby submit to the exclusive jurisdiction of the English courts.