NDTCabin Advertising Terms
The following terms apply to
all orders for advertising on the NDTCabin website (www.ndtcabin.com)
("the Web Site").
In these terms, reference to "we", "us", "our"
and "ours" refers to Salmirante Limited trading as "NDTCabin"
Acclaim House, 12 Mount Havelock, Dougla,s Isle of Man, IM1 2QG ("NDTCabin")
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:-
1.1 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.
2.1 We will,
subject to compliance with these terms, display any advertisement accepted
by NDTCabin on the Web Site for a
period of one calendar month from when it is first uploaded onto the Web
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
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withdrawn) but if its withdrawn with reasonable justification, no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 justification.
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 (unless
otherwise expressly agreed in writing).
2.5 All advertising fees displayed on the Web Site are
exclusive of any VAT that may be payable.
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 this warranty.
3.3 You acknowledge that we are entitled to edit the
content of any advertisement at our absolute discretion or refuse it for
3.4 When you place an order for an advertisement, there
will not be a binding contract for the display of the advertisement until
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).
4.1 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
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 without notice.
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.
6.1 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
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.
7.1 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).
9.1 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 future breach.
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.
Site Use Terms