CLIENT TERMS OF REGISTRATION WITH MARSHALL HARBER EXCLUSIVE ONLINE STAFFING AND PRIVACY STATEMENT 1. Definitions "Agreement" means the agreement coming into existence between us and you when you click the "I accept" button confirming that you have read and agree to the Conditions set out here to provide you with the Service for the Term. "Candidate" means potentially suitable prospective employees you might wish to Engage. "Conditions" means these terms and conditions which regulate all business and dealings between us. "Engage" means employ, whether under a contract of employment or contract for services or otherwise howsoever, and whether on a permanent, temporary, fixed term, locum, consultancy or similar basis, a Candidate on such terms as you agree directly with a Candidate. "Price means the price of the Subscription selected by you in accordance with our pricing policy from time to time and as stated on the Site and is payable by payment via PayPal or any other method designated by us from time to time. "Service" is a "self-service" Candidate search and contact service to enable you to find Candidates who may be able to meet your household needs in the marketplace from time to time and means the package of services we provide to you under the Agreement during the Term to include: a. continuous access to a secure and confidential online environment at the Site where you can search and view Candidate CV details, and b. the means to send emails and text messages to Candidates via the Site with a view to entering into negotiations directly with and to agreeing such terms of engagement as you can with Candidates, and c. subject to you setting up DART vacancy/candidate profiles, email updates of new Candidates potentially meeting those criteria as they are added to and registered on our Candidate database. "Site" means the Website at http://www.householdstaffonline.com/. "Term" means the period of one month from the start of the Agreement. "Traditional Recruitment" means the traditional recruitment service supplied to the marketplace by us through Marshall Harber Exclusive Household Staffing see www.marshallharber.com "Subscription" means the facility to contact an unlimited number of Candidates on the Site for a period of one month as stipulated on the Site for the Price. "We", "us" and "our" means Marshall Harber Associates Limited as suppliers of the Service and of Traditional Recruitment under separate terms and conditions. 2. We agree to provide you with the Service during the Term. You agree to pay the Price to us. 3. Use of the Site 3.1 You must not share or otherwise allow any third party to have access to your password or to your username. You may only use the Site for the agreed purposes. You must not seek to cause any damage to the Site or otherwise abuse the Site. We do not accept responsibility for the content on other Sites where you have the ability to access such Sites via a link from the Site. 3.2 For the avoidance of doubt, where you engage us to assist you with Traditional Recruitment through which we supply a Candidate’s CV and reference number to you then in the event that you engage such Candidate (whether through the Service or through Traditional Recruitment) within 12 months of receiving the CV and reference number in addition to the price you are paying for the Service you agree to pay us a per capita commission or other fee on the basis and at the rates stated in our Traditional Recruitment terms and conditions. 4. Intellectual Property The Site and its content and the data accessible from it belong to us and you agree not to copy or reproduce any part of the materials on the Site for any reason whatsoever. We own the copyright in the content from time to time on or downloaded by you from the Site or in communications of any sort sent by us to you, and we own any registered trade or service marks. You are permitted to download and copy CVs from the Site as part of the Service. 5. Termination We may terminate this Agreement and end your right to access the Site if you have in our view breached any of your obligations set out in the Conditions provided always that you remain liable to pay the Price. 6. Liability We make no checks at all as to the suitability or otherwise of candidates whose details are registered on the Candidate database and you acknowledge and agree that when you negotiate a contract or arrangement with a Candidate you do not rely on Candidate information supplied via the Site and that you are solely and absolutely responsible for checking to your own satisfaction the information, documentation and representations received from them and which may lead to a concluded contract between you and them and no warranty whatsoever is given by us concerning such information, documentation or representations nor in respect of any aspect of the Candidate or their likely or possible performance. To the maximum extent permitted by law we accept no liability for any loss (including without limitation direct or indirect loss, loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the Site, or from any Candidate information supplied via the Site, or from any contract or agreement you may make with a Candidate and, whilst we take reasonable precautions against third party malicious or other actions carried out in bad faith we accept no responsibility for any matter whatsoever arising through such events. You agree that you have in place your own computer security systems such as anti-virus and firewall applications. Nothing in the Conditions limits liability on our part for death or personal injury caused by our negligence, or fraudulent misrepresentation, or in respect of any other statutory rights which are not capable of being excluded. 7. Interruptions in service We use our reasonable endeavours to ensure that the Site is operational at all times but the Internet is not guaranteed to be stable and there may be interruptions to the Site; we are not liable for any failure or inability to provide a continuous, error free service. We accept no liability arising from such interruptions. We may change the Site and its specification at any time. 8. Information on the Site Some of the information on the Site may be supplied by or derived from third parties as well as from our Clients and Candidates. We are not able to check such information and we do not accept any liability arising from inaccuracies and omissions in such information. By using the Site you consent to certain personal information being accessible both within and outside the European Economic Area. We may collect information (whether personally identifying or not) arising from your visits to and use of the Site. This enables us to continually monitor and improve the Service we offer to you. We may use your information for such purposes including: order processing, managing and administering your account, delivery of information, services and products to you, and dealing with complaints or enquiries. We may also contact you with information about new products, services and special offers. 9. Choice of Law and Jurisdiction This Agreement and the use of the Site are governed by and construed in accordance with English law. The courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement or the Service. 10. Changes to Terms and Conditions, Invalidity, Non-waiver, and Assignment You agree that you do not rely on any written or oral representations made by us prior to the start of this Agreement which is the entire Agreement between you and us, save for any amendments or qualifications made to the Conditions in writing at the time the Agreement is made and which are signed by one of our duly authorised representatives. In our sole and absolute discretion we may change the Conditions at any time; any such changes will be posted here on the Site and you are deemed to accept the Conditions (as amended) when you next use the Site following any amendment. The Conditions may also be varied by agreement between you and us in writing, signed by our duly authorised representative. If any Condition or part thereof is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining Conditions or part thereof, which shall remain in full force and effect. Any delay in us enforcing or seeking to enforce any of our rights arising from the Conditions is not a waiver of such rights which remain fully enforceable by us at all times. This Agreement is binding on you and us and your and our lawful successors in title. You are not entitled to assign this Agreement and your rights and obligations hereunder without our written consent. In our discretion, and for any reason whatsoever, we are entitled to assign this Agreement and the rights and obligations arising therefrom and upon written notice of such assignment to you, your contractual relationship is with our assignee as if the Agreement had originally been made by you with our assignee and to and from whom your obligations and entitlements are due, and in such event you agree to do all things and sign any and all documents necessary to ensure payment of the Price or the balance thereof is made to our assignee.
I accept the Terms.
I do not accept the Terms.