
This is the "4aProfit.com" website. The use of this website is subject to the following terms and conditions, which you are deemed to accept each time you use the website:- |
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1. |
DEFINITIONS |
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1.1 |
the "Agreement" or "Contract" is an acceptance for the provision of services or to purchase a service or services between "QUAM Ltd" the Company and the Agency or "Potential Employer" |
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1.2 |
the "Agency", "Customer" or "Potential Employer" signify the recipient of Services |
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1.3 |
"4aProfit" means "for" a "Professional for" or "(4)" "IT" or "Information Technology" |
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1.4 |
"4aProfit.com" means the location on the internet "website" or "site" at where www.4aProfit.com maybe found or operated, or any other such alternative website as designed or maintained by QUAM LTD which QUAM LTD may designate for the purpose and that is also access-able by any third party from time to time via the internet; |
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1.5 |
4aProfit.com " signify Quam Limited a company registered in England, (Registered Company Number 05129710) whose registered office is at The Straw Barn, Upton End Farm Business Park, Meppershall Road, Shillington, Bedfordshire, SG5 3PF or its assigns; |
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1.6 |
"Online CV Database" signify the collection, directory or database of CVs frequently accessible to "agencies or "potential Employers subscribing to use the service "4aProfit" and who have been accepted as such by the Company. |
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1.7 |
" Candidate" the person/ individual who submitted /posted the curriculum vitae (CV) to "4aprofit" and the details that are set out within that CV |
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1.8 |
"Curriculum Vitae" or "resumes" means (CV) concise factual personal facts relating to the employment history experience, training, education, and ability of an claimant for the purpose of securing employment by means of distribution via the website. |
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1.9 |
"Job advert" or "Job Posting" signify an advertisement or posting in text or other accepted form submitted by the Potential Employer or Agency to the service provided by the Company for a job vacancy. |
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1.10 |
"Customer" or "Potential Employer" is deemed to be any person, agent or business entity who enter into an agreement with "Quam" the Company whereby the "4aProfit" supplies services and/or goods to that party. |
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1.11 |
"Members" signify Agencies which have become recognised and accepted by Company |
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1.12 |
"the Services" (as set out in section 3) signify the various packages offered by the Company to the "customers", "agencies" or "Potential Employer" |
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2 |
APPLICATION OF THESE TERMS AND CONDITIONS |
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2.1 |
TERMS AND CONDITIONS These Terms and Conditions shall apply to the stipulation of all Services by the Company to the Agency, in replacement of all previous terms contained within any article presented by the Agency, except as otherwise expressly granted in writing by the Company. |
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3. |
RANGE OF SERVICES |
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3.1 |
DISPLAYING OF CV’S AND JOB VACANCIES Displaying of CV’s and adverts/ Job vacancies shall be displayed within 4aProfit.com. The Company does not undertake to carry out any alteration, formatting or correction of any advert / Job vacancies or Curriculum Vitae, however specifically reserves the right: |
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3.1(a) |
to reformat or edit any Curriculum Vitae or advert / Job vacancies as it may rationally deem suitable for display on the Company web sites; |
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3.1(b) |
to cease or decline to exhibit the display of any Job vacancies or Curriculum Vitae which in the Company's ruling is of an insulting nature or abusive content, is slanderous, is advertising (network-marketing using pyramid selling techniques, is an breach of rights for any party's intellectual property or rights in classified information or is otherwise against the law or at chance of being establish illegal or infringing. |
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3.2 |
POSTING ADVERTS/JOB VACANCIES PROCEDURE Adverts /Job vacancies shall be exhibit and agree to for display in agreement with the Company's procedure’s for advertising / Job vacancies as in force as of time to time and communicated to the Agency. At the discretion of the company the Agency acknowledges that the Company, will have the option to select other online organizations to forward the adverts /Job vacancies to, to publish them in any other media that the Company deems appropriate for the purpose of advertisement job postings. |
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3.3 |
WEB SERVICES – 4aProfit.com Quam Ltd ("the Company") provides admittance to 4aProfit.com its online jobsite service for employment "bureaus" or "agencies" on the Terms and Conditions attached which exercise to provision of all services excluding any as otherwise specifically granted in writing. |
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4 |
ADVERTISING |
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4.1 |
"Advertising" Any promotional material supplied by the Agency /customer or designed by "QUAM LTD" to be used by Quam for transmission or display on the website / internet |
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4.2 (a) |
Banner advertising means advertising your logo / link in the Company’s inner or home pages |
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4.2 (b) |
Banner advertising may be purchased for a minimum period of one month unless other wise agreed in writing with the Company |
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5. |
USE OF CANDIDATE INFORMATION & CURRICULUM VITAE’S |
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5.1 |
PERMISSIBLE USE The Agency shall use Curriculum Vitae’s attached on the Company's online Curriculum Vitae directory entirely for the function of endeavoring to identify and locate appropriate employment on behalf of Candidates. Agents that have been deemed by the Company as members shall have free use of the Curriculum Vitae directory on the following conditions as in: (SECTION 5) |
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5.2 |
APPLYING FOR MEMBERS STATUS This service is only applicable to the agency’s who have become Members based on the following conditions: |
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5.2 (a) |
Agencies must register all their company details on line to apply for Members status |
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5.2 (b) |
Agencies must become recognized by the Company and accepted as Members as requested by the Company. |
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5.2 (c) |
Agent/agencies who become recognized Members must post job vacancies frequently and directly onto the "4aProfit" web site. |
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5.3 |
MEMBERSHIP REJECTION The agent/agents expressly acknowledges that the Company will have the option to refuse or terminate agents/agencies for member status for the (CV Directory) service. |
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5.4 |
NOTIFICATION TO CANDIDATES Agency’s will be in agreement that it shall make contact with individuals / candidates selected from the directory or database of CVs and in the process acquire the express permission of the individual previous to distributing Curriculum Vitae’s to any Prospective third Parties / Employer. |
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5.5 |
CONFIDENTIALLY - CANDIDATE CURRICULUM VITAE RECORDS This site may only be used for lawful purposes when seeking employment to help with the Candidates career. The Agency shall agree that all the individuals’ confidential and personal records contained within the Curriculum Vitae’s will be protected at all times. The Agency particularly accepts that it shall not get in touch with Candidates using "telephone or including e-mail addresses" information attained from the Companies directories or database to converse with individuals/ Candidates other than for the sole intention of communicating with them with regard to opportunities with specific Prospective Employers. |
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5.6 |
OTHER PROHIBITED USES Without limitation the Agency specifically agrees, to the aspect of the foregoing, that it shall not distribute or share CVs with any other third parties who offer online recruitment information or act as recruitment agency offering a CV directory/database service. |
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6 |
GENERAL OBLIGATIONS |
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6.21 |
CANDIDATES SUITABILITY FOR EMPLOYMENT Agency’s should pre qualify all Candidates by obtaining as much information as possible and as required by the law as is necessary to determine experience and qualification to decide whether candidate is suitable for employment. |
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6.2 |
CONDITIONS COMPULSORY BY LAW All candidates must be fully aware and satisfy any conditions imposed by the law that may lead to employment. The Agency shall ensure that the candidate is fully aware and updated of any conditions or changes imposed. |
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6.3 |
EMPLOYING NON-RESIDENT WORKERS ABROAD All relevant legislation where applicable will apply to the Candidate who is non-resident of the UK and is applying for employment status within the United Kingdom (UK). The Agency must obtain at least two character references from suitable persons (but not relatives of the individual) but are based in the vicinity or are resident of the same place of that candidate. |
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6.4 |
SECURITY All passwords are to be kept secured and not revealed by the Agency with the exception of its employees to gain admission to the "4aProfit" website making use of the service in course of their employment. |
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6.5 |
MAINTAINING RECORDS The Agency hereby agrees to hold written records of employment including where no employment has resulted due to rejection of all job applications for a period of not less than 12 months (one year) from the date of application regardless of either end result. |
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6.6 |
DATA PROTECTION COMPLIANCE The Agency posting job adverts and using the CV’s database agrees to be bound by all regulatory and local equivalent legislation requirements, including without limitation obligations under the Data Protection Act 1998. |
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7. |
PAYMENT TERMS AND CHARGES |
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7.1 |
PAYMENT OPTIONS All Payments shall be payable on receipt of invoice, paid by credit transfer, credit card or in advance by cheque to the specified Company’s bank account. |
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7.2 |
CHARGES Current charges will not apply for the interim period whiles marketing is in process (term will be decided at the Company’s discretion) however the Company reserves the right to make changes serving the Agency with 30 days notice by electronic email or post. If any charges are made, then the Agency shall pay those specified charges for the provision of Services on a monthly basis unless otherwise agreed in writing by the Company. |
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7.3 |
LATE PAYMENT The Company shall be entitled to charge the agency interest at the rate of (five 5%) above the base rate that of Natwest PLC, which may change from time to time on any late payments overdue by (30) days of the due date. |
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7.4 |
VAT - VALUE ADDED TAX Value added tax (VAT) shall be payable by all UK agency’s on invoice at the rate in force from time to time. All charges are shown exclusive of VAT unless otherwise stated. |
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8. |
LIABILITY AND WARRANTIES |
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8.1 |
RISK ASSUMPTION All CV’s are down loaded by the agency at the agency’s risk. The Company does not ensure CV’s for bugs, logic bombs or any other form of Viruses. The Company shall not accept liability for any corruption of data imported by any such virus as a result of accessing or downloading CV’s from the database. |
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8.2 |
ANY INACCURATE, MISLEADING OR DISHONEST INFORMATION The Agency agrees that the Company shall not be liable for any damage or loss arising from any CV’s, where any inaccurate, misleading, misconduct or dishonest information has been added or supplied by any one candidate or third party. The Company does not guarantee the availability of "QUAM" staff at all times, neither does the Company warrant the completeness or accuracy of all or any information attached within CV’s for which it may undertake on behalf of an agency when mailing or forwarding either by or to candidates |
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8.3 |
APPROVALS AND AUTHORISATION The Agency hereby warrants that it is either a recruitment consultancy or agency or a third party recruiter using the services provided hereunder for authentic recruitments activities as permitted by the Company and that it has taken steps to ensure that full approval has been authorized by the candidate to submit CV’s from bona fide job postings which has been forwarded to "4aProfit" for genuine vacancies |
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9 |
COPYRIGHTS/INTELLECTUAL PROPERTY & INDEMNITY |
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9.1 |
COPYRIGHTS / OWNERSHIP The Agency clearly agrees that all ownership of copyrights and material in the course of the Services remain with the Company, including other intellectual and database property rights in 4aProfit.com including all the content in any CV provided onto the database by a relevant third party or Candidate. |
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9.2 |
RESTRICTION The Agency shall obtain only a restricted authorisation to use candidates' Curriculum vitae’s and other information incorporating e-mail contact as set out in all these provisions |
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9.3 |
CERTIFICATE / LICENCE The Agency agrees that "QUAM" the Company shall have a license to duplicate and use Job adverts / Posting on 4aProfit.com and any corresponding sites managed by "QUAM" the Company jointly with an entitlement to sub-license to other websites / groups to whom the Company may have forwarded Job advert / Postings. |
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9.4 |
INDEMNITY The Agency agrees to indemnify "QUAM LTD" the Company in respect of the following; Any claim against the Company in respect to any liability (which liability shall include, without limitation, claims, demands, expenses, damages, costs, actions, all losses, breach of any third party’s intellectual property rights, professional fees and other legal and expenses on a full indemnity basis which 4aProfit may incur or suffer as a result of any defamatory, unpleasant or otherwise unlawful material attached in any Job Posting, or any misuse of contact information supplied by Agency or the use of a Candidate's CV. |
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10 |
TERM - TERMINATION NOTICE & CAUSE |
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10.1 |
TERM Agreements shall be on a monthly, quarterly or annual agreed basis. Agreements shall be deemed to renew automatically except where (one-full month at least) prior notice of termination is received before ending such period |
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10.2 |
TERMINATION NOTICE PERIOD Either party may terminate this contract by informing the other party on a one-month's written notice period. Upon termination of this agreement the provision of the services supplied by the Company shall instantly cease providing that any sums owed by the Agency are already paid or any amount of sums due in respect of the services shall become payable with immediately effect. |
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10.3 |
TERMINATION FOR CAUSE The company reserves the right at any time for the duration of the agreement to immediately withdraw or terminate the service and/or advertisement /job posting due to the Agency's insolvency or Bankruptcy or admittance to the website on notice by either email or first class post to the agency in the event that the Company considers the information being displayed by the agency’s material either prejudicial to the interest of the Company or breaches any rights of any third party or applicable laws. |
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11. |
GENERAL |
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11.1 |
ENTIRE AGREEMENT These Terms and Conditions together with any written agreement properly entered into between the Agency and "QUAM Ltd" the Company shall constitute the entire agreement between the parties in respect to the Services described herein. |
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11.2 |
GOVERNING LAW These terms and conditions shall be governed by and construed in accordance with English law, and the customer/ parties hereby irrevocably agrees to the exclusive jurisdiction of the English courts |
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11.3 |
WAIVER If the Company fails to implement or impose any right’s conferred by this agreement, it shall not be considered to be a waiver of any such right, nor operate so as to bar the enforcement or exercise thereof or to any other right on a later occasion. |
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11.4 |
INFORMATION ON THIS SITE Whilst we make every effort to ensure that the information on this site is accurate and complete some of the information is supplied to us by third parties therefore we are not able to check the accuracy or completeness of that information. The company does not accept any liability arising from any inaccuracy or omission in any of the information on this site or any liability in respect of information on this site supplied by you or any other person or site user. |
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11.5 |
LINKS TO OTHER SITES The Company offers on this site automatic links to other sites, which we hope, will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk. |
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12 |
REGISTRATION DOCUMENT |
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12.1 |
REGISTRATION Please read and make sure you understood all the terms and conditions in this contract before filling the registration document on line. By applying and supplying the information requested on line, you are entering into a legal binding contract with the Company to use the service’s provided "4aProfit". Your IP address will be stored by the company for use as an enforcer of our terms and conditions. |
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12.2 |
ASSISTANCE If you require any assistance or further information regarding the services or products offered by "QUAM LTD" 4aprofit.com, before using this registration form please contact an account manager by email at Info@4aprofit.com for assistance. |
4aProfit is a registered trademark of Quam Ltd. Copyright 2007 Quam Ltd. All rights reserved