Be sure to read these Terms and Conditions of Allomax Associates Ltd. (“Allomax”), as they cover the terms and conditions that apply to your use of the allomax.com website (“Site”) and the on-line recruitment and information services offered through it (“Service”).  By using the Site or the Service you (“You”) are agreeing to be bound by these Terms and Conditions.  Allomax may change these Terms and Conditions from time to time.  By continuing to use the Service or accessing the Site following any such change, you accept and agree to be bound by all changes.  These Terms and Condition supersede any prior advertisements, terms, agreements or communications between You and Allomax and constitutes the entire agreement between Allomax and You in respect of its subject matter.

The Terms and Condition contain the terms which apply to Your access to the Site and the Services.  They contain limitations of Allomax’ liability and exclusions of warranties.  No proposed variation, amendment or changes to these Terms and Condition are valid or have any effect.  If you do not agree to these Terms and Condition you must not use the Service and must leave the Site.

1.  Definitions

In these Conditions the following words and phrases shall have he following meanings unless the context requires otherwise:

Advertisement
any advertisement issued by Allomax on behalf of the Client;

Advertising Agency
a Client who in relation to the Services is receiving them on behalf of an End Client or is directly or indirectly providing the Services to an End Client;
           
Advertising Services
lineage Advertisements, Semi-Display Advertisements, Display Advertisements, Corporate Brochures, Skillword Sponsorship Banners, Jobs-by-Email Sponsorship and Application Forms;
           
Applicant
a Candidate who applies for a vacancy advertised on the Site;

Application Manger
the facility provided by Allomax.com to enable the Client to manage applications by enabling the Client to view CVs and covering letters, grade and record notes about the Applicants and communicate with Applicants via a messaging centre;

Application Manager Services
the provision of the Application Manager;

Candidate
a person who uses the Site for the purpose of finding employment;
           
Client
the person(s) who have signed a Service Agreement for use of the Allomax Site and Services;

Conditions
these Standard Terms and Conditions;

Contract
the contract for the supply of any Services by Allomax to the Client comprising these Conditions and a Service Agreement;

CV
the curriculum vitae or brief outline details of a Candidate’s education, training, skills and employment experience which is provided to Allomax by a Candidate for distribution to Clients with a view to securing employment;

CV Online
a CV Service which enables the Client to search for and view CVs online using various search criteria;

CV Services
CV Online and CV Watchdog;

CV Watchdog
a CV Service which enables the Client to receive the latest CVs via email;

Direct Employer
a Client who in relation to the Services is receiving them for the purpose of their own recruitment needs and not on behalf of any other 3rd party End Client;

Display Advertisement
a web page which usually contains up to a maximum of 2500 characters of text, graphics, data and files which are used to advertise a single vacancy, available to Candidates via online search and once per week via the Jobs-by- Email Service;

End Client
the person to whom the Client’s services are provided;

Fees
the fees and charges (including VAT) payable to the Client to Allomax as specified in the Contract;

Jobs-by-Email
a service which matches and sends vacancies via email to Candidates who have subscribed to this service;

Lineage Advertisement
a vacancy Advertisement which containing text only which is available online search and once per week via the Jobs-by-Email Service;

Line Vacancy Listing
a page of the Site which lists all the currently live vacancy Advertisements of any particular Client;

My Jobsite
a personalised page of the Site where a Candidate may access their own personal details, their CV, all applications made in the last 30 days and a range of other services;

Online Vacancy Purchase Agreement
the agreement entered into between the Client and Allomax on the Site;

Recruiter
any person working on behalf of the Advertising Agency, Direct Employer or Recruitment Agency Client and who is authorised by the Client to use the Services;

Recruitment Agency
an Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made there under);

Semi-Display Advertisement
a vacancy advertisement that uses a Semi-Display Template and inserted text.  The combination is used to advertise a single vacancy and is available to Candidates via online search and once per week via the Jobs-by-Email service;
           
 Semi-Display Template
a standard template made up of text, graphics, data and files whose format is set to certain parameters by Allomax;

Services
the services which Allomax has agreed to provide to the Client and includes Advertisements, CV Online, CV Watchdog and other Services which may be provided to the Client;

Service Agreement
the Agreement entered into between the Client and Allomax;

 Site
the site at www.allomax.com or any other website operated and maintained by Allomax.com from time to time which Allomax may designate for the purposes of the Contract;

Start Date
the start date for the provision of Services as referred to and identified in the Service Agreement for those Services;

Term
the term of the Contract as specified in the Service Agreement;

Visitor
a person who visits a specific page of the Site within a specific time period.

1.2 In these Conditions:

1.2.1 References to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
1.2.2 References to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admits or requires;
1.2.3 Words importing persons include individuals, bodies corporate admits or requires; and
1.2.4 Headings will not affect their constitution.

2. Application of the Terms

2.1 These Conditions to the exclusion of all previously terms and conditions issued by Allomax shall apply to any Candidate who uses Allomax after the date on which these Conditions were posted on the Site.
2.2 These Conditions are deemed to be fully read, understood and accepted by the Candidate upon acceptance of these Conditions during Registration, or in the case of a Candidate who has not completed Registration, when an Application is made.
2.3 No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of Allomax.

3. Services Generally

3.1 Allomax does not make any representation whatsoever about any Advertisement accessed either on, by virtue of or by way of any links from the Site nor about any of the Clients who use Services on the Site. Allomax relies on information provided to it by Clients and via third parties and accordingly it is a matter for the Candidate to satisfy itself as to the suitability of any Client using Services on the Site or of any Advertisement found directly or indirectly through the Site.
3.2 Allomax shall be entitled at any time without notifying the Candidate 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.
3.3 Any intellectual property, ideas, concepts, know-how or techniques developed by Allomax or obtained during the execution of the Services will be owned exclusively by Allomax.
3.4 Allomax shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control.
3.5 The Candidate accepts that Allomax shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Candidate’s failure to comply with these Conditions.
3.6 The Candidate agrees to provide Allomax, in such a format as Allomax may request, any information necessary to enable Allomax to provide those Services.
3.7 Allomax shall not be obliged to provide those Services until the Candidate has supplied it with the information, necessary to provide those Services.

4. Jobs by Email

If the Candidate has signed up to receive Jobs-by-Email, the provisions of this clause 4 shall apply thereto.

4.1 Jobs-by-Email are sent once a day on any day of the week and each Jobs-by-Email will contain a limited listing of live vacancy Advertisements posted or renewed since the last Jobs-by-Email sent to the Candidate and matching the Candidate’s search criteria.
4.2 The Candidate accepts that Allomax cannot guarantee the number of vacancy Advertisements distributed in the Jobs-by-Email and that no obligations are imposed on Allomax in this regard.

5. CV’s

If the Candidate has saved their details and stored a CV on Allomax, the provisions of this clause 5 shall apply thereto.

5.1 The Services are subject to any instructions from a Candidate that his or her details should or should not be made available to the Client and Allomax will only make available or supply copies of the CVs which have been received by it for distribution to Clients of Allomax solely for the purpose of securing suitable employment for the Candidate.
5.2 The CV Watchdog service will (under normal circumstances) be delivered to the Client by email on a once per day basis and such email will include all CVs identified by the search strings selected by the Client.
5.3 The CV Online service will (under normal circumstances) be available to the Client at all times and will allow the Client access to all distributable CVs on the Site.
5.4 Allomax cannot guarantee the minimum number of times a CV will be viewed by or distributed to Clients on any given day.
5.5 Allomax will (under normal circumstances) ensure that CVs are made available to the Client via CV Watchdog within one working day of receipt of the CV from a Candidate, or searchable online within one hour of receipt of the CV from a Candidate via CV Online.
5.6 Allomax may, at its discretion and without notice, report improper or illegal use of CVs or the Services by the Candidate to its Clients.
5.7 Allomax has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Candidate information or CV accepted by it.
5.8 Allomax may refuse, withdraw, or require to be amended, any Candidate information or CV which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon Allomax or the Candidate or to avoid infringing a third party’s rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
5.9 The Candidate hereby undertakes that: 5.9.1 the details and CV they store and save on Allomax are a true and accurate reflection of their education, employment, training history and that their personal details are correct; 5.9.2 that if any of the information stored and saved on Allomax for the purposes of securing employment is found to be false or inaccurate in any way, that Allomax reserves the right to remove those details and/or suspend the use of the Services on the Site for the Candidate; 5.9.3 in respect of any information or CV submitted by the Candidate 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 Candidate has obtained the authority of such living person to make use of such name, representation and/or copy;

6. Applications and Application Forms

If the Candidate makes an Application or is required to complete an Application Form as part of an Application, the provisions of this clause 6 shall apply thereto:

6.1 The Candidate hereby undertakes that:
6.1.1 they have fully read and understood the requirements of a vacancy Advertisement on the Site to which they make an Application;
6.1.2 they have the appropriate skills and qualifications required by the Client and the necessary qualifications by law;
6.1.3 they satisfy or will attend to the necessary immigration requirements of the country in which the position will be situated;
6.1.4 the details they provide to the Client as part of an Application or in an Application Form are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
6.1.5 that if any of the information used in an Application or Application Form is found to be false or inaccurate in any way, that Allomax.com reserves the right to remove those details and/or suspend the use of the Services on the Site for the Candidate;
6.1.6 in respect of any information submitted during the Application by the Candidate which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any copy by which any living person is or can be identified, the Candidate has obtained the authority of such living person to make use of such name, representation and/or copy.

6.2 Allomax has the right as its sole discretion to decline to distribute or forward, or to suspend or remove any Application accepted by it.
6.3 Allomax may refuse, withdraw, or require to be amended, any Application which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon Allomax or the Candidate or to avoid infringing a third party’s rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
6.4 When a Candidate makes an Application through the Site, Allomax will pass the Candidate’s details to the Client who placed the Advertisement for the purpose of that one Application only.
6.5 The Candidate accepts that Allomax cannot be held responsible for the content of Advertisements on the Site and that no obligations are imposed on Allomax in this regard.

7. Lineage Advertisement and Semi-Display Advertisements

If the Service includes Lineage Advertisements or Semi-Display Advertisements, the provisions of this clause 7 shall apply thereto.

7.1 Lineage Advertisements are only available to Clients who are Recruitment Agencies and accordingly, if the Client has requested that Allomax provides Lineage Advertisement Services: 7.1.1 the Client confirms that it is a Recruitment Agency; 7.1.2 if requested by Allomax the Client will promptly provide to Allomax such evidence as Allomax requests to prove that the Client is a Recruitment Agency; 7.1.3 Allomax shall not be obliged to provide the Services (or shall be entitled to suspend them) until the Client has provided such evidence.
7.2 All Lineage Advertisements and Semi-Display Advertisements are to be entered online by the Client, sent in the Allomax email template to a Allomax email address or sent in a specific Allomax file format to an Allomax file directory notified by Allomax to the Client.
7.3 Lineage Advertisements and Semi-Display Advertisements will be sent out to all relevant Candidates on a weekly basis via the Jobs-by-Email Service for each week that they are live on the Site and to any new relevant Candidates registered within that week.
7.4 Allomax will convert each vacancy described in a Semi-Display Advertisement to a Lineage Advertisement for the purposes of distributing through the Jobs-by-Email Service.
7.5 Lineage Advertisements and Semi-Display Advertisements will remain live on the Site and available for searching via the internet for the number of weeks requested by the Client, but in all circumstances up to a maximum of 52 weeks, where a single week equals one Lineage Advertisement or Semi-Display Advertisement.
7.6 Any Lineage Advertisement or Semi-Display Advertisement placed on the Site may be expired and removed by the Client. The Client will be charged for the full number of weeks for which the Lineage Advertisement or Semi-Display Advertisement was originally placed.
7.7 Allomax will use reasonable endeavours to produce that Lineage Advertisements and Semi-Display Advertisements will become live on the Site within 1 hour of submission to the Site.
7.8 Lineage Advertisements and Semi-Display Advertisements can only be modified by the Client, within the first 4 hours of submission to the Site and thereafter cannot be modified in anyway whatsoever by the Client.
7.9 Lineage Advertisements and Semi-Display Advertisements may link only to a Client’s Corporate Brochure or Live Vacancy Listing or contact details but may not contain a link, or references, to the Client’s website.
7.10 Lineage Advertisements and Semi-Display Advertisements may only contain: 7.10.1 one email address, which must be in the specific place designated by Allomax and must not be part of the text describing the vacancy; 7.10.2 information describing the Recruitment Agency and/or the services offered by the Recruitment Agency in the specific place designated by Allomax and must not be part of the text describing the vacancy.
7.11 A Lineage Advertisement or Semi-Display Advertisement shall contain the details of, accurately describe and pertain to no more than a single vacancy.
7.12 Semi-Display Advertisements will be ranked higher in the results of a Candidate’s search on the Site than identical Lineage Advertisements.
7.13 Allomax may edit, remove or refuse to publish any Lineage Advertisement or Semi-Display Advertisement: 7.13.1 containing unnecessarily repeated words or phrases which cause a false positioning in the search results seen by a Candidate; 7.13.2 advertising products, services, businesses or websites, including, but not limited to, franchises, pyramid selling, network marketing, multi-level marketing and ‘get rich quick’ schemes.
7.14 If requested by the Client, Allomax shall send an email to the Client to remind it that a particular Lineage Advertisement or Semi-display Advertisement is about to expire on the Site. The Client accepts that if it replies to such a requested email in any way the relevant Lineage Advertisement or Semi-Display Advertisement will be renewed by an automated system linked to the reply email address and such renewal shall be on the same terms as set out in the original Service Agreement relating to that Lineage Advertisement or Semi-Display Advertisement (as amended by the terms of that email). It is the Client’s responsibility to ensure that they do not respond to that email in any way (whether mutually or by means of an automatic system) if it does not want to renew the relevant Lineage Advertisement or Semi-Display Advertisement.
7.15 Where the Client chooses to use Vacancy Posting Software to submit a Lineage Advertisement or Semi-Display Advertisement to the Site, the Client accepts that any malfunction of, or change to, the Vacancy Posting Software or its incompatibility with Allomax systems causing incorrect, missing or multiple submissions to the Site is entirely the responsibility of the Client and the Client agrees that any quota of Services used and Fees incurred will be payable in full.

8. Display Advertisements

If the Services include Display Advertisements, the provisions of this clause 8 shall apply thereto.

8.1 Display Advertisements shall be provided in the form supplied by the Client to Jobsite provided that they comply with the provisions of this Contract. Allomax shall make such modifications to any Display Advertisements as are reasonably requested by the Client.
8.2 In relation to Display Advertisements:
8.2.1 Display Advertisements will remain live on the Site in multiples of 5 weekly periods, as requested by the Client.
8.2.2 A Display Advertisement shall contain the details of, accurately describe and pertain to no more than a single vacancy.
8.2.3 Allomax will convert each vacancy described in a single Display Advertisement to a Lineage Advertisement for the purposes of distributing through the Jobs-by-Email Service.
8.2.4 Display Advertisements may link only to a Client’s Live Vacancy Listing or Vacancy Advertisement or contact details but may not contain a link, or references, to the Client’s website.
8.2.5 Display Advertisements will be sent out to all relevant Candidates on a weekly basis via the Jobs-by-Email Service and to any new relevant Candidates registered for each week it is live on the Site.
8.2.6 Display Advertisements will be ranked higher in the results of a Candidate’s search on the Site than identical Lineage Advertisements or Semi-Display Advertisements.

9. Candidates Obligations

9.1 The Candidate agrees that:

9.1.1 it has read, understood and agrees to the Privacy Statement on the Site;
9.1.2 it will keep confidential and not disclose to any person the password used by them in relation to the Services;
9.1.3 it will be responsible for any misuse of all such passwords.

10. Obligations of Allomax

10.1 Allomax will use its reasonable endeavours to enable Applicants the facility of viewing the Clients’ Advertisements on the Site and to provide the Services to the Client. However, the Client accepts that Allomax cannot guarantee the number of occasions on which any individual Advertisement appears on the Site and that no obligations are imposed on Allomax in this regard.

11. Liability

11.1 Jobsite will not be liable (whether in contract or tort) for:
11.1.1 any loss of copy, artwork, photographs, data, CVs or other materials that the Candidate supplies to Allomax and the Candidate shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
11.1.2 any mistakes or errors whatsoever that arise during the course of use of the Services or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Candidate;
11.1.3 for any failure to secure employment or consequential loss (whether caused by the negligence of Allomax, its employees or agents);
11.1.4 any delay, costs, expense, loss, damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of Allomax or as a result of the acts or omissions of the Candidate;
11.1.5 any loss or damage whatsoever howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, or the wrongful disclosure of confidential information by, any Client. It is for the Candidate to satisfy itself as to the integrity and reliability of all vacancy Advertisements placed on the Site;
11.1.6 any breach of agreement or infringement or violation of any right of any person or be rendered liable to any proceedings whatsoever, as a result of any information or CV or Application submitted to it by the Candidate and the Candidate indemnifies Allomax against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Allomax as a result of this undertaking and warranty being incorrect.

11.2 Nothing in these Conditions will restrict or exclude Allomax liability for death or personal injury caused by its own negligence.
11.3 The Candidate agrees and acknowledges that no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of Allomax in respect of or in connection with the Services and accordingly the Candidate confirms that it has not, in accepting these Conditions, relied on any condition, warranty or representation by Allomax or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services. The benefit of any such condition, warranty or representation by Allomax is hereby irrevocably and unconditionally waived by the Candidate.

12. Termination and Cancellation

12.1 These Conditions apply unless replaced by subsequent Conditions or unless terminated under Clause 9.2 of these Conditions.
12.2 Either party may, at its sole discretion, terminate the provision of the Services to the Candidate at any time by notice in writing to the other party (the “Defaulting Party”) if the Defaulting Party is in breach of these Conditions and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied.
12.3 The Candidate shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by Allomax arising out of the Candidate’s breach of its obligations under these Conditions (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by Allomax).

13. Rates

13.1 The rates shall be those rates as agreed between Allomax and the Client in the Service Agreement.

14. Payment

14.1 Payment for the Services will be made according to the payment terms specified in the Service Agreement.
14.2 If the Client fails to make any payment by the due time then all moneys owing by the Client to the Allomax shall immediately become due and payable and the provisions of clause 14.4(b) shall forthwith apply to such moneys.
14.3 Allomax will provide invoices to each Client in accordance to the terms in the Service Agreement. 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 Allomax 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 Allomax with an order number at the time of signing the Service Agreement.
14.4 The Client agrees to pay to Allomax in respect of each item of Services for which payment is not made by the due time: (a) the sum of £ 100 as an administration charge; and (b) interest on the amount paid late at the rate of 4% per annum above the base rate of Barclays Bank Plc accruing from day to day (including the date on which payment was due) before and after judgment.
14.5 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.

15. Notices

15.1 Notice required or permitted to be given under these Conditions shall:
15.1.1. be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or
15.1.2. be in the form of an email addressed to support@allomax.com (or such other address as supplied by Allomax) or if to the Candidate, to the address provided in the Candidate’s details submitted during Registration or as subsequently amended and the Candidate will be deemed to have received such notification within one hour of transmission.
15.2 The Candidate is responsible for notifying Allomax of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to Allomax by email.

16. General

16.1 If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
16.2 Any waiver by Allomax of any breach of, or any default under, any provision of these Conditions by the Candidate will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.
16.3 Failure or delay by Allomax in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.
16.4 The parties to these Conditions do not intend that any clause of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

17. Law

17.1 These Conditions and any contract into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts.