RecruitmentTraining.com Terms and Conditions
TERMS & CONDITIONS
In these conditions the following words and expressions shall have the following meanings:
“Company” means Recruitment Training Productions Limited and its successors.
“Customer” means any person or company purchasing or using the Company’s Materials and/or Services and agreeing to these Terms.
”Materials” means videos, testing & training materials, trainers listings, online action plansand skills analysis, and other products and services (including but not limited to seminars, webinars, director development, manuals, forms and user guides, whether in document, audio-visual or software form) to be supplied/provided to the Customer by the Company and accepted in accordance with these terms.
“Registered User” or “User” means the Customer and their employees.
“Sales Order” means the order placed by the Customer with the Company for Materials, either via the online payment gateway or via a separate transaction confirmed in an email from the Company to the Customer.
“Terms” means these terms and conditions
“Termination Date” means the date these Terms finish
“Termination Notice Period” means the termination notice period set out in the Sales Order
All Materials, Usernames & Passwords supplied to the Customer will only be used by its Registered Users and may not be used, passed on or resold to any third party or to any person who is not a Registered User. Any infringement will be treated in accordance with Clause 7.
3. Payment and Expenses
Payment shall be made by the Customer according to the details set out in the Sales Order.
4. Intellectual Property Rights
The Customer acknowledges that all Materials, documentation and other proprietary information licensed to the Customer by the Company howsoever supplied shall remain the property of the Company.
The Customer acknowledges that the Company owns all copyright and other intellectual property rights in all Materials, documentation and other proprietary information howsoever supplied.
The Customer is granted a non-exclusive limited non-transferable licence to use the Materials solely for the purposes of these Terms. The Customer agrees that any unauthorised copying, reproduction, hiring, lending, public performance and broadcasting of any Materials is strictly prohibited and any attempt to do so will be an infringement of the Company’s copyright and each infringement will be treated in accordance with Clause 7 and the Customer will be liable to prosecution.
The Company gives permission for the Customer to use internally the techniques provided through the Materials agreed in these Terms but not to deliver these techniques for any external use, paid or otherwise.
5. Term and Termination
Cancellation of an online subscription is permitted at any time, unless a fixed commitment has been agreed in writing in a separate Sales Order. Upon cancellation, the Customer will continue to receive access to the Materials until the end of the current billing period. No partial refunds will be given under any circumstances.
After the Termination Date or the final day of the Termination Notice Period the Customer will no longer receive Materials licenced through these Terms.
The Company may terminate this Agreement with immediate effect without liability by serving written notice on the Customer and without prejudice to its other rights if:
(a) the Customer fails to remedy a material breach of these Terms which is not remedied within 7 days of written or verbal notice specifying the breach and requiring its remedy; or
(b) the Customer becomes insolvent or has an order made for its winding up or an administration order made against it.
Upon Termination of this Agreement, without prejudice to any other rights or remedies the Company may have, all fees due to the Company shall become immediately due and payable.
Any outstanding Materials, including but not limited to webinar places, must be made use of before the Termination Date or before the end of the Termination Notice Period whereafter they will become invalid.
6. Indemnity and Liability
All Materials are supplied only on the basis that the Company incurs no liability to the Customer, his or her employer or to any other party whether in contract or in tort (including negligence) or otherwise in respect of any matter arising out of the use of the Materials or out of the interpretation of the information thereby derived by the Customer, the Company or any other party.
The Customer shall indemnify the Company in respect of any costs, claims, losses or liabilities incurred by the Company resulting from the acts or omissions of the Customer in relation to these Terms.
The Company will carry out the Services with reasonable skill and care but shall not be liable to the Customer for any indirect or consequential loss (including loss of profit or business).
The Company’s aggregate liability to the Customer however caused whether for breach of contract, negligence or otherwise (except in relation to death or personal injury) shall not in any event exceed that part of the relevant fee which has been paid by the Customer.
The Customer understands that different employment laws apply in different territories and that legislation is constantly changing. The Customer further understands that that Company is unable to offer any guarantees that the examples used in the videos/other training offerings comply with current law and consequently the Customer will check domestic legislation relating to employment and discrimination etc. It is the Customer’s responsibility to check the lawfulness of any of the recruitment practices highlighted in these offerings, including but not limited to, the selection criteria for candidates and the way that job details are taken from the Customer’s clients.
6.1 Availability of the Website and disclaimers
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. RecruitmentTraining.com is under no obligation to update information on the Website.
Whilst RecruitmentTraining.com uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.RecruitmentTraining.com accepts no liability for any disruption or non-availability of the Website.
RecruitmentTraining.com reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
6.2 Force Majeure
The Customer acknowledges that the provision of online services by the Company is subject to interruption and delay due to causes beyond its reasonable control including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, storms, fire, explosion, power failure, suppliers of Internet and video hosting services, equipment failure, industrial disputes.
The Customer agrees that the Company provides the Materials in good faith for the Customer to use for training and development purposes and that the Company takes no responsibility for the improvement in performance in the Customer’s Registered Users, financial or otherwise.
The Customer further agrees that for any infringement of Clause 2 or Clause 4 the Customer will immediately pay the Company £5,000 for each infringement
7.1 Customer obligations
The Customer can distribute Website passwords to employees solely and exclusively for internal business purposes. The Customer is responsible for all access to and use of the Website and Website passwords by its personnel, whether or not the Customer has knowledge of or authorizes such access and use.
The Customer may not assign or transfer any of its rights or obligations without the Company’s prior written consent. The Customer agrees to ensure that Users are limited to employees of their company and that login details will not be shared by Users. Furthermore the Customer acknowledges that sharing User Licences will be deemed as a material breach of this Agreement. The Customer shall be responsible for any and all acts or omissions of its Users whether the Users are acting in the course of their employment or otherwise in relation to the Customer’s obligations under the Agreement.
The Customer agrees to cancel each password of a departing User immediately upon that User leaving the Customer’s business and to inform that Company immediately of any known or suspected unauthorized use of the Customer’s account.The Customer acknowledges that the Company will not be liable for any fraudulent or improper use of their Customer’s account.
The Company shall not be liable to the Customer or be deemed to be in breach of these Terms by reason of any delay or failure to perform any of the Company’s obligations, if the delay or failure was due to any cause beyond the Company’s reasonable control (including, and/but without limitation, act of God, fire, industrial action, terrorist activity or the unforseen power failure, unavailability or malfunction of facilities, internet downtime, delays in products and delivery, equipment or software).
8. Submission of content by Users or trainers
In the event that the Customer submits content to the site, that Customer grants the Company a worldwide, royalty-free, perpetual, non-exclusive right and license (including a waiver of any moral rights or other related rights) to use, display, reproduce,
The Customer acknowledges that the Customer is responsible for any Content it submits via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." The Customer agrees not to use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. The Customer agrees not to upload commercial content onto the Website.
The Customer represents and warrants that it owns or otherwise control all the rights to the Content it posts; that the Content is accurate; that use of the Content it supplies does not violate any provision of these terms and conditions and will not cause injury to any person; and that the Customer will indemnify RecruitmentTraining.com for all claims resulting from Content it supplies.
9. Changes to Terms & Conditions
The Company reserves the right to amend these Terms from time to time and will confirm any changes in writing 30 days before any changes take effect.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are or might be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or conditions shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
11. Data Protection
Unless otherwise notified in writing by the Customer, the Company may use personal data about the Customer for the purposes of customer administration, marketing, public relations, research and statistical analysis.
12.1 Each party agrees and undertakes that during the term of this Agreement and thereafter it shall keep confidential and shall not use for its own purposes, nor without the prior written consent of the other party disclose to any third party, any information of a confidential nature (including, without limitation, information relating to a party's products, operations, processes, plans or intentions, product information, know-how, design rights, trade secrets and information of commercial value) which may become known to that party from the other party (Confidential Information), unless the information is public knowledge or already known to that party at the time of disclosure or subsequently becomes public knowledge other than by breach of this Agreement or subsequently comes lawfully into the possession of that party from a third party.
12.2 To the extent necessary to implement the provisions of this Agreement, each party may disclose Confidential Information to those of its employees as may be reasonably necessary or desirable, provided that before any such disclosure each party shall make those employees aware of its obligations of confidentiality under this Agreement and shall at all times procure compliance by those employees with them.
Any notice to be served shall be sent by first class post, fax or email. Notice shall be deemed served on the second working day after posting if posted or, if faxed or emailed, the next working day provided that valid transmissions slip or delivery receipt is received and a hard copy sent.
14. Jurisdiction and Law
These Terms shall be subject to and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.