Terms & Conditions
These Conditions are deemed accepted by the Client when the Client clicks on the confirm / publish button and joins Jobbio.
1. Definitions
1.1. In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:
Talent
A Talent who registers on the jobbio site. Through the jobbio site itself or through a
client site.
Application Manager
the facility provided by Jobbio to enable the Client to manage applications by
enabling the Client to view CVs, covering letters, completed Filtering Forms, Key
Questions scores and reports about the Talent, and communicate with Talent via a
messaging centre;
Application Manager Services
the provision of the Application Manager;
Business Day
a day other than a Saturday, Sunday or public holiday in Ireland;
Client
any person using and purchasing the Services,
Conditions
these Terms and Conditions;
Contract
the contract for the supply of any Services by Jobbio to the Client comprising these
Conditions and a Order Form;
Contract Date
the date of acceptance of the Contract by the Client;
Corporate Brochure
a web page which contains text, graphics, data, files and links which are used to
promote a corporate message;
CV / Bio
the curriculum vitae or brief outline details of a Talent's education, training, skills
and employment experience which is provided to Jobbio by a Talent for distribution
to Clients with a view to securing employment;
Fees
the fees and charges payable by the Client as specified in the Order Form;
Jobbio
Avar Communications Limited t/a Jobbio; (www.jobbio.ie and www.onjobbio.com)
MyJobbio / My Bio
a personalised page of the Site where Talent may access their own personal details,
their CV, all applications made in the last 30 days and a range of other services;
Order Form
the order form entered into between the Client and Jobbio;
Services
the services which Jobbio has agreed to provide to the Client as set out in the Order
Form;
Site
The Jobbio hosted website which is a dedicated recruitment portal hosted on behalf
of the Client
2. Services Generally
2.1. The Client agrees to provide Jobbio, in such a format as Jobbio may request, any information, design work, artwork and logos necessary to enable Jobbio to provide those Services.
2.2. Jobbio shall not be obliged to provide those Services until the Client has supplied it with the information, design work, artwork and logos necessary to provide those Services. Such information shall be supplied within 5 days of the Contract Date, or such later date as agreed by Jobbio.
2.3. Once a Contract is formed, the Contract may be cancelled by the Client on 30 days written notice.
2.4. Jobbio reserves the absolute right, without giving any reasons, to decline, cancel or remove any advertisement or provision of Services for any reason and at any time without prior notice.
2.5. An advertisement or Service which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age will not be accepted unless it is exempted from the requirements of the Employment Equality Act or the Equal Status Act.
2.4. Jobbio will use its reasonable endeavours to publish the advertisements or provide the Services on the agreed date. Jobbio does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Services and has the right at its sole discretion to decline to publish or omit, suspend or change the position of any advertisement accepted by it.
2.5. Jobbio shall be entitled at anytime without notifying the Client to make changes to the Services, which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.
3. Homepage Banners
If the Services include Homepage Banners on the Site, the provisions of this clause 6 shall apply thereto.
3.1. Homepage Banners may link to either a Corporate Brochure or another advertisement.
3.2. Homepage Banners must not exceed twelve thousand bytes in size and their dimensions must measure 380 x 60 pixels.
3.3. Homepage Banners will be static banners. Jobbio will not accept any banners produced in Flash graphics.
3.4. Homepage Banners are live on the Site in multiples of weekly periods, as requested by the Client, up to a maximum of two consecutive weeks.
3.5. Jobbio may require Homepage Banners to be amended such that the banner contrasts suitably with the Site.
3.6. Homepage Banners will be displayed on a rotational basis and no guarantee is made by Jobbio of the number of times on which they will be displayed and the Client accepts that no obligations are imposed on Jobbio in this regard whatsoever.
4. Filtering Forms
If the Services include the completion of Filtering Forms by or on behalf of the Client then the provisions of this clause 4 shall apply thereto:
4.1. The Client shall ensure that the Filtering Forms completed by it or on its behalf:
4.1.1. are not discriminatory offensive, illegal, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
4.1.2. are not defamatory, threatening or racially, ethnically or otherwise objectionable;
4.1.3. are not designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
4.1.4. do not infringe the rights (including, without limitation, the intellectual property rights) of another person.
5. New Jobs-By-Email
If the Services include New Jobs-by-Email advertisements, the provisions of this clause 5 shall apply thereto:
5.1. New Jobs-by-Email advertisements shall be created between Client and Jobbio and in compliance with the provisions of this Contract . Jobbio shall make such modifications to any Featured Jobs-by-email reasonably requested by the Client.
5.2. New Jobs-by-Email advertisements may only be sent to Talents subscribed to the Jobs-By-Email service on a scheduled date and time agreed between Jobbio and the Client, subject to service and calendar availability.
5.3. New Jobs-by-Email shall contain the details of and accurately describe career opportunities that match a Talents search criteria and may contain a link only to an individual vacancy Advertisement or to a Client's Corporate Brochure.
5.4. Any highlighted opportunity contained within a New Jobs-By-Email advertisement must already exist as a Live Vacancy listing in the form of either an advertisement.
5.5. The Client accepts that Jobbio cannot guarantee the number of recipients or the responses to the New Jobs-by-Email advertisement and that no obligations are imposed on Jobbio in this regard.
6. Obligations of Jobbio
6.1. Jobbio will use its reasonable endeavors to enable Talent the facility of viewing the Clients' Advertisements on the Site and to provide the Services to the Client. However, the Client accepts that Jobbio cannot guarantee the functionality of the Site 100% of the time.
7. Obligations of the Client
7.1. The Client hereby undertakes and warrants to Jobbio:
7.1.1. to use all reasonable precautions against access of the Site (or any website that is, or may become linked to any website) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Client's hardware and the rest of the Site;
7.1.2. to comply with the provisions of the Data Protection Acts or relevant legislation with regard to any Talent information received by it and in particular to keep such information confidential.
7.1.3. in relation to any Advertisement the Client is a principal notwithstanding that the Client may be acting directly or indirectly for a third party;
7.1.4. the reproduction and/or publication of the Advertisement by Jobbio as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render Jobbio liable to any proceedings whatsoever and the Client indemnifies Jobbio against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Jobbio as a result of this undertaking and warranty being incorrect;
7.1.5. any information supplied by the Client in connection with the provision of the Services is accurate, complete and true;
7.1.6. in respect of any advertisement which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Client has obtained the authority of such living person to make use of such name, representation and/or copy;
7.1.7. each advertisement and all content posted to the Site is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
7.1.8. no advertisement or other data posted to the Site contains any data, image or other material which:
(a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
(b) is defamatory, threatening or racially, ethnically or otherwise objectionable;
(c) is designed or likely to cause annoyance, inconvenience, unwanted attention or
needless anxiety to any other person;
(d) infringes the rights (including, without limitation, the intellectual property rights)
of another person;
(e) is designed or likely to cause disruption to any computer system or to any
network;
(f) is illegal or designed or likely to induce an illegal act.
7.2. The Client is responsible for ensuring that the content of any advertisement or data posted to the Site and the use of the Services is not discriminatory, obscene, defamatory, or in any other way illegal or in breach of any legislation. The Client also agrees to comply with all relevant industry Codes of Practice.
7.3. The Client acknowledges that it is not vested with any proprietary rights in respect of the Site, or any CV or other information submitted by any Talent.
7.4. The Client shall indemnify Jobbio against all claims made by the third parties in respect of the misuse of the data supplied to the Client.
7.5. The Client shall obtain from the Talent, as much information about the Talent's qualifications and experience, as is necessary for determining whether the Talent is suitable for employment, and shall ascertain that the Talent has such qualifications as are required by law.
7.6. The Client shall ensure that the Talent is fully aware of any conditions imposed by law, which must be satisfied by the Talent and that any employment resulting therefrom shall be legal.
7.7. The Client shall:
7.7.1. use all CVs supplied for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Talents;
7.7.2. ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Acts to the extent that it applies and complies with its obligations under those Acts;
7.7.3. keep confidential the CVs and all other information supplied by Jobbio or Talent to the Client or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Talent with their express consent in respect of the CVs;
7.7.4. obtain the express consent of a Talent prior to submitting his or her CV to any person;
7.7.5. not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from Jobbio to any person;
8. Fees
8.1. The Fees payable shall be [those prices set out in the Order Form]. Also see pricing tab.
9.Payment
9.1. Payment for Services will be made according to the payment terms specified in the Order Form.
9.2. If the Client fails to make any payment by the due time then all moneys owing by the Client to Jobbio shall immediately become due and payable and the provisions of clause 9.4(b) shall forthwith apply to such moneys.
9.3. Jobbio will provide invoices to each Client in accordance to the terms in the Order Form. Liability for payment arises from provision of the Services. Further, all items on the invoice are deemed to be payable and any errors or omissions must be communicated to Jobbio in time to be rectified before payment becomes due. Payment for the provision of the Services shall be made as aforesaid whether or not the Client shall have provided Jobbio with an order number at the time of signing the Order Form.
9.4. The Client agrees to pay to Jobbio in respect of each item of Services for which payment is not made by the due time interest on the amount paid late at the rate of 4% per annum above the base rate of Allied Irish Banks PLC accruing from day to day (including the date on which payment was due).
9.5. All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable.
10. Liability
10.1. Jobbio does not verify or guarantee any Talent's details whether forwarded to the Client via Jobbio or otherwise. Jobbio accepts no responsibility as to the suitability of Talent who respond to advertisements or Services.
10.2. The Client shall satisfy itself as to the suitability of any Talent and shall take up any reference provided by the Talent before engaging any such Talent.
10.3. The Client shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Talent, and shall satisfy itself of any medical or other requirements or qualifications required by law.
10.4. Jobbio does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Client's use of (or inability to use) this Site.
10.5. Jobbio makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programmes and/or that the Site shall operate uninterrupted and error-free.
10.6. Jobbio does not accept liability, of any description, however arising, for any loss or damage caused to any Client, or any other third party, arising from any virus or other impairing computer program contained in any CV submitted by any Talent.
10.7. Jobbio does not accept liability for any loss of copy, artwork, photographs, data or other materials that the Client supplies to Jobbio and the Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
11. Indemnity
11.1. The Client agrees to indemnify Jobbio and to keep Jobbio indemnified in respect of, but not limited to, all damages, costs or liabilities that Jobbio may incur arising from an advertisement or use of any Service.
12. Disclaimer
12.1. Except as otherwise provided by statute, Jobbio disclaims all warranties, express or implied by law of statute, in relation to, but not limited to, the Site.
13. Governing Law and Jurisdiction
13.1. These Terms shall be governed by, and construed in accordance with, the laws of Ireland and each party irrevocably submits to the exclusive jurisdiction of the courts of Ireland.
14. Miscellaneous
14.1. Clicking on the confirm / publish / agree button and submitting an Order Form for provision of Services to Jobbio amounts to an acceptance of these Terms to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
14.2. If any provision of these Terms is held to be void or unenforceable in whole or in part, these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by Jobbio shall be effective except in relation to the matter in respect it was specifically given.
Jobbio Privacy Statement
Jobbio has created this privacy statement in order to demonstrate our commitment to privacy. At Jobbio, we take your privacy seriously. Please be assured that we will safeguard any information that you provide. We will never release your personal details to anyone without your express permission. You will prepare you own Bio and make it available to brands you want to connect with.
Jobbio’s Privacy Policy is designed to help you understand how we collect and use the personal information you consent to share and help you make informed decisions when using Jobbio.
By using or accessing Jobbio, you are accepting the practices described in this Privacy Policy.
Jobbio collects personal information in the form of a Bio. The User consents to upload and create a Bio with Jobbio. You also consent to having the Bio accessible and available to permitted brands.
We do not sell your personal information to third parties.
The Protection of Your CV / Bio
Your CV / Bio is a very personal document and we wish you to have full control over who can view it and whether or not you wish to have your contact details (name, address, telephone number, email address etc) visible to anyone.
You have the option of putting your CV in our searchable database which is a significant aid to quickly finding employment. We provide you a choice in how you do this. The choice allows you to select the level of confidentiality that you believe you need.
You may remove your CV from our searchable database at any time. However, employers who have paid for access to the database may have retained a copy of your CV in their own files or databases. We are not responsible for the retention, use, or privacy of your CV by employers in these instances.
Application Forms
When you apply for positions with some of the Brands, you MAY be requested to complete an application form, ANSWER A QUESTION and may be requested to take a psychometric test. The information submitted by you on the application form or any psychometric test paper will be used by the Brand to assess your suitability for the position to which it applies. We are not responsible for framing the questions in our Brand's application forms or psychometric test papers, and merely provide the electronic means to enable our Brand to present the application form or psychometric test paper to you, and to collect the application form or psychometric test paper once it has been completed by you. We do not process any of the data in completed forms or papers other than psychometric test scores, which we present to our Brands in our applicants' database. We may, however, temporarily store your completed forms or papers.
You expressly agree, acknowledge and accept that we provide this service as a mere conduit for the applications forms. Whilst we will use our best endeavours to ensure that the application form is suitable for its purpose using suitable protection methods, please note that we do not guarantee that our protection methods will ensure that the application form does not include:
-
false, inaccurate or misleading information;
-
material that infringes third party's Intellectual Property Rights;
-
defamatory, libellous or otherwise unlawful information;
-
information that violate any law, statute, regulation or order (including, without limitation, those concerning consumer protection, unfair competition, anti-discrimination or the advertising prohibited goods or services);
Consequently, we cannot accept any liability for any direct or indirect damages (including, without limitation, loss of profits, loss of contracts), or any consequential, special, exemplary, punitive or any other monetary or other damages or liabilities arising out of or relating to your use of the application form. In addition, we reserve the right to remove your completed application form and suspend our services in relation to it if we consider in our absolute discretion that providing the service may incur a legal liability for you, our Brands, or us.
If you have any concerns over any application form, please contact us for advice. Our contact details are set out below.
General Privacy Statement
We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is also used to help identify you and to gather broad demographic information.
If you are using a shared computer, please ensure that you log out of YOUR JOBBIO ACCOUNT or close down the browser before leaving the computer for the next user.
Demographic and profile data is also collected at our site. We use this data to tailor the visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. This information is shared with advertisers on an aggregate basis only.
This site contains links to other sites. We are not responsible for the privacy practices or the content of such Web sites.
We may use your personal data to contact you from time to time and provide you with marketing information about us, other companies within our group or our partners which we think may be of interest to you. If at any time you wish to stop the delivery of such information you can opt-out of any unwanted emails. YOU CAN DO THIS FROM THE ACCOUNT SETTINGS SECTION OF YOUR PROFILE / BIO PAGE.
Security
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. You can gain access to your Jobbio account and modify the information stored there by supplying an email address and password. You must ensure that this information is kept secret.
Opting out of Jobbio's services
We allow Talent to opt-out of having New Jobs-by-Email Alerts sent to them at any
time, and allows users to hide their CVs both at the time that the CV is placed on the
site, and at any time afterwards.
This site gives users the following options for removing their information from our
database to not receive future communications or to no longer receive our service. .
YOU CAN DO THIS FROM THE ACCOUNT SETTINGS SECTION OF YOUR PROFILE / BIO
PAGE.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us at stephen@onjobbio.com or by post at 46 Upper Mount Street, Dublin 2, Ireland.
Data Integrity
Jobbio processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this Policy. We take reasonable steps to ensure that the personal information that we process is accurate, complete and current, but we depend on you to update or correct your personal information whenever necessary.
Privacy Matters
When we receive formal written or emailed complaints it is Jobbio’s policy to contact the complainant regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Jobbio and an individual.
Talent T & C's
You may not use jobbio for any of the following purposes:
-
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
-
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
-
interfering with any other person's use or enjoyment of jobbio; or
-
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will be responsible for our losses and costs resulting from your breach of this clause.
By submitting information through jobbio you agree and acknowledge that while we may contact you in response to the information you provide, and we are not obliged to provide you with any particular product or services.
Registration
In order to access to receive job alerts you must register on the jobbio site. If you register, you should ensure that the details provided by you on registration or at any time are correct and complete.
You should update any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
If you register to use the jobbio site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting stephen@onjobbio.com immediately.
If jobbio has reason to believe that there is likely to be a breach of security or misuse of the jobbio site, we may require you to change your password or we may suspend your account.
Right to suspend or cancel your registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel your registration at any time by logging onto the jobbio site
through the "unsubscribe" link contained in the last [jobbioalerts] email you
received.
The suspension or cancellation of your registration and your right to use the jobbio site shall not affect either party's statutory rights or liabilities.
Disclaimer
Whilst jobbio uses reasonable care in compiling and presenting the content found on the jobbio site, it is provided purely for information and you should seek further guidance and make independent enquiries before relying upon it. If jobbio is informed of any inaccuracies in the material on the jobbio site we will attempt to correct the inaccuracies as soon as we reasonably can.
If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer to the extent that they are a foreseeable consequence to both of us. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.