|UKWelder Forum Advertising Terms|
The following terms apply to all orders for advertising on
the UKWelder Forum website
(www.ukwelder.com) ("the Web Site").
In these terms, reference to "we", "us", "our" and "ours" refers to Forum@UKWelder Ltd
trading as "The UKWelder Forum " and reference to "you", "your" and "yours" refers to
the legal entity placing an order for advertising. Unless expressly agreed otherwise, it
will be whatever company name is used in written, electronic or telephonic communications.
Details of the terms that apply to all advertising contracts are as follows:-
1. General interpretation
1.1 Any headings in these terms are for ease
of use and are not intended to form
part of the terms nor effect their interpretation.
1.2 If you are more than one legal entity, each person or legal entity accepts joint
and several liability under these terms.
1.3 Reference to something in the masculine form includes the feminine and neuter
forms and vice versa and reference to the singular includes the plural and vice versa.
1.4 These terms are to be interpreted exclusively in accordance with English Law
and any disputes regarding these terms will be subject to the exclusive jurisdiction of
English courts of law. We make no representation that the Web Site and its content
complies with the laws of other countries.
2. Advertisement display
2.1 We will, subject to compliance with these
terms, display any advertisement
accepted by UKWelder on the Web Site for a period of one month from when
it is first uploaded onto the Web Site.
2.2 Notwithstanding clause 2.1 above, whilst we agree to use reasonable
endeavours to ensure a properly functioning, accessible Web Site, you will appreciate
that it is technically impossible to guarantee access to the Web Site 100% of the time
or error-free functionality and we will not accept any responsibility for losses resulting
from any temporary interruption of or other problems with service. If any errors come
to your attention, please notify us immediately and we will endeavour to remedy the
problem as soon as reasonably possible.
2.3 We reserve the right to withdraw your advertisement at any time, with or without
justification. If there is no reasonable legal justification (which includes but is not limited
to reasonable suspicion of breach of these terms), we will credit you with a reasonable
portion of the advertising fee payable (pro rata for the period it is withdrawn) but if its
withdrawn with reasonable justification, no such credit will be given. We also reserve
the right to refuse you as a customer at the outset or at any time without notice or
2.4 All advertisements are to be paid for at the prevailing rate displayed on the Web
Site from time to time (unless otherwise expressly agreed in writing) and that fee is due
in respect of each job advertised so that single advertisements for several posts will be
treated as different advertisements for these purposes.
2.5 All advertising fees displayed on the Web Site are exclusive of any VAT that may
3. Advertiser's obligations
3.1 You must submit your copy for the Web
Site together with your logo (if desired) -
if you want us to prepare the form of advertisement you must provide us will all the
necessary information and you must approve the advertisement before it will be
displayed publicly on the Web Site. If you are or represent an agency, you must
declare that fact when ordering an advertisement.
3.2 You warrant to us that all copy complies with the standards set by the Advertising
Standards Authority and that no content will breach any third party intellectual property
rights or be illegal, immoral, offensive or defamatory. You agree to indemnify us (on a
full indemnity basis) against any costs claims and liability arising from any breach of
3.3 You acknowledge that we are entitled to edit the content of any advertisement at
our absolute discretion or refuse it for publication.
3.4 When you place an order for an advertisement, there will not be a binding contract
for the display of the advertisement until we accept your order.
3.5 If you are accepted as a customer of ours and are allocated a user name and
password ("access codes") to allow you to order advertisements, you are responsible
for the safe keeping of your access codes and must not disclose it to anyone who is
unauthorised or untrustworthy. You will be deemed responsible for any advertisement
placed by someone who has gained access to your account by any means (with or
without your consent). You are therefore advised to change any password regularly.
3.6 You will at all times respect the privacy confidentiality of a candidate who applies
to you through us and in particular will not (unless the candidate consents) pass on to
a third party a candidate's curriculum vitae (in whole or in part or even a summary of it)
or information relating to a candidate (including but not limited to the fact that the
candidate has applied to you, the circumstances surrounding the review of the
candidate, the reasons for rejecting that candidate and any other information obtained
from or about a candidate during the recruitment process).
4. Payment terms
4.1 All advertisements are invoiceable when
the advertisement is displayed (or on
cancellation where cancellation takes place after the advertisement has been prepared).
If you have been granted a credit account, payment is due thirty days from the date the
advertisement is first displayed unless otherwise expressly agreed in writing.
4.2 Even where you have been granted a credit account, we reserve the right to insist
on full payment in advance at any time without justification. We also reserve the right to
terminate your account at any time without justification and to withdraw all access codes
4.3 We understand and will exercise our statutory right to claim interest and compensation
for debt recovery costs under the late payment legislation if we are not paid according to
agreed credit terms.
5.1 You understand that by displaying the
name or email address of a contact in your
advertisement, you are providing personal data to us. As such, you warrant that you
have the consent of the person whose name you have given to appear in the
advertisement in compliance with the Data Protection Act 1998 and agree to indemnify
us against any costs, claims and liabilities arising from any breach of that Act in the
supply of that information. In particular, you warrant that you have informed all people
whose name, email address or other personal data you have supplied that by consenting
they are acknowledging that they are aware that their personal data will be available
worldwide including in jurisdictions where there are no adequate data protection laws.
5.2 We, in turn, agree not to use that information other than for the display of the
advertisement or any other web site for which we provide content from time to time and
to inform you of our other services and of developments on the Web Site.
6. Exemptions and Exclusions
6.1 You acknowledge that we are not in any
way involved in any dealings between you
and a candidate and that we have no responsibility for any information given to you by a
candidate, irrespective of whether that information appears on the Web Site or not. You
are therefore advised to verify any information that is given to you. You are advised to
mark all written or electronic communications "private and confidential" in the subject
heading so the recipient is made aware of its obligations to you - as part of the terms of
advertising on our Web Site, advertisers agree to respect the privacy and confidentiality
of candidates applying to them through the Web Site. If we agree to enforce the
advertising terms with regard to candidate privacy on your behalf, we reserve the right
to refuse to do so at our absolute discretion and we will only enforce such terms on the
understanding that you will pay us in advance for any costs we incur in doing so.
6.2 Neither you nor we are responsible for any breach of these terms insofar as that
breach is a result of something beyond our reasonable control but both you and we
agree that if that situation arises, we will do everything we reasonably can to overcome
that problem as soon as possible.
6.3 We are not responsible to you for any consequential loss or damage arising from
any breach of these terms including but not limited to any delay in displaying or any
failure to display an advertisement and any incorrect information contained in any
advertisement. Our liability under these terms is limited strictly to twice the amount
payable for the particular advertisement.
7. Copyright, etc.
7.1 If you have prepared the advertisement
yourself or have prepared it jointly with
us, you may have copyright in the advertisement, you grant us a perpetual, royalty-free,
worldwide licence to reproduce the advertisement (in the same form or as altered or
further altered by us) and to grant other organisations (at our discretion) the right to
display the advertisement on such terms as we may agree with that third party.
8.1 You may cancel an advertisement at any
time up to the actual time of online
display. Termination must be confirmed in writing to be effective (email is effective
for these purposes provided it is correctly addressed and not returned to you).
9. General provisions
9.1 No representations made to you will have
any effect unless they have been
confirmed in writing (obviously this clause is not intended to cover any fraudulent
misrepresentations). As such, the terms of your order and these terms constitute
the entire agreement between us. Unless these terms have been varied by us and
confirmed in writing, no attempted variation is effective.
9.2 If we do not strictly enforce our rights under these terms at any time, we reserve
the right to do so in future both in respect of a particular breach and in respect of any
9.3 Our Web Site Use Terms apply to all use of the Web Site - click here to view
these terms before using the Web Site further.
9.4 There terms are not intended to benefit anyone other than you and us.
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Company Number: 7587559
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