The 'Company'means JobBoard.com a trading name of HotLizard Limited, a wholly owned subsidiary of the Aspire Media Group.
The 'Client'means the person or business purchasing the Job Board
The 'Plan'means the chosen usage based pricing plan
'Overage'means any functional element of the Plan that has had its chosen limit exceeded within the monthly period
The 'Network'means the JobBoard network comprising job boards, Aggregator sites and Affiliates worldwide
'Network Budget'means funds manually added to the site by the Client to pay for applications from the JobBoard Network
'Unspent Budget'means any Network Budget remaining after a posted job has expired
'Network Revenue'means revenue earned from Applications, Sold Candidates or Course Leads from the Client website and delivered to the Network
'Administration Portal'means the address for the Client to administer their Job Board at admin.jobboard.com
The 'Product'means the Administration Portal, the Website, and any other services or components that make up the JobBoard.com offering
'End User'means the candidate, customer or visitor that uses the Client website
'Qualified Application'means a candidate's application to a Network job via the Website, where the application is, at JobBoard.com's sole discretion, deemed to be genuine, and unique
'Qualified Candidate'means a candidate who on their application to a Network job via the Website opted to share their details with the Network, where the candidate is, at JobBoard.com's sole discretion, deemed to be genuine, and unique
'Qualified Course Lead'means a course lead provided to a Network course via the Website, where the lead is, at JobBoard.com's sole discretion, deemed to be genuine, and unique
'Market Rate'means the current, fairly determined cost of applications made through the Network
'Minimum Term'means 12-months from the date of sign-up for a Website
'White-Labelled'means a product or service produced by the Company that other companies rebrand to make it appear as if they made it
'Preview Domain'means where your job board is configured to respond to an internal/private JobBoard.com address. You can use this address to view your job board immediately, and/or to setup your job board prior to linking it to your domain name. Your internal URL can be found via the Administration Portal
All JobBoard.com Websites automatically become members of the Network.
There is no charge for membership to the Network.
The Website can display all jobs from the Network relevant to the Website audience, as set by the Client via the Administration Portal.
The Client shall be eligible for receipt of
- a Network fee for each Qualified Application made through the Website to a Network job
- a Network fee for each Qualified Candidate provided through the Website to a Network job
- a Network fee for each Qualified Course Lead made through the Website to a Network course
Network fees are paid at Market Rate, as fairly determined by JobBoard.com. Network fees are variable, and may alter per Application, Candidate or Course.
All jobs posted to the Website can be distributed to the Network once Network Budget is added. Any Network member with a corresponding audience base is eligible to advertise the End User's job. All applications will be made through the Client's website.
Jobs may receive applications from the Network, and for which an application fee will be paid by the Client. The fee shall be taken from the Network Budget. At the point that the Network Budget is depleted, no further applications will be purchased from the Network, and the Client will not be liable for any further Network costs.
Unspent Network Budget from expired jobs is made available for use with other jobs being distributed to the network via the monthly statement following the expiry of the given job.
Any fraudulent Applications, Candidates or Course Leads found to be made by the Client to Network jobs or Network courses will result in immediate suspension of the Website and Termination of the contract.
Any Intellectual Property (including, without limitation, rights to and any interest in, any patent, design, trade mark, copyright, know how, trade secret and any other proprietary right or form of intellectual property (whether protectable by registration or not), customer list, Client/Agency agreement, specification, formula, drawing, program, design, system, process, logo, mark, or style) ("Intellectual Property") which is not developed under these Terms, but which is used for the purposes of these Terms ("Current Intellectual Property"), will remain the property of its current owner.
Intellectual Property, including any modifications or addition to Current Intellectual Property, which is created, made or discovered by the Company in the course of the Company providing the Services, will be the absolute property of the Company without the need for any party to execute any further document, provided that nothing in this clause will vest in the Company any proprietary rights in, or prevent the Client from using, either for the Company or any other customer, any techniques, knowledge, information practices or codes which are:
- generic in nature and were known to the Client prior to the date of these Terms; or
- developed by the Client during the Term of this Agreement and relate to standard practices adopted within the industry to which the Services relate.
The relationship between the Company and the Client is, and will be for all purposes, that of a company and independent business, and nothing in these Terms will be taken as constituting any other relationship
The Company warrants in favour of the Client that it has developed and created the Software (including the Standard Product) and Website without infringing any of the proprietary rights, title, intellectual property rights including but not limited to any trademark, copyright, patent or design rights of any third party in so doing.
The Company further warrants and undertakes to the Client that:
it is able to enter into this Contract and fulfil all its obligations set out herein; and
all services and products will be supplied with reasonable care and skill and by means of appropriately qualified and skilled personnel; and
all materials created in connection with the Services, including without limit all material published on the Website (excluding any content supplied by the Client), shall not infringe any third party rights.
The Company shall indemnify and keep indemnified and hold the Client harmless from and against all liabilities, losses, damages, costs, claims and expenses whatsoever (including legal costs and expenses) incurred or suffered by the Client howsoever arising out of or in connection with any action, claim, suit, demand, or proceedings (including any sums paid by the Client whether before or after the commencement of legal proceedings) made or brought against the Client by a third party in respect of any of the products or services provided by the Company, or otherwise as a result of the Company's negligence, act or omission or any breach by or on behalf of the Company of any of its obligations, warranties or undertakings set out in this Contract and no limitation on liability set out in this Contract shall apply to or have any effect in respect of this clause.
The Client warrants in favour of the Company that as far as it is aware materials including but not limited to logos, graphics, icons, image, photos, animations, video, audio music and text supplied to the Company by the Client do not infringe any of the intellectual property rights, proprietary rights, title, trademark, copyright, patent or design rights of any third party.
The Client warrants that as far as it is aware any personal data held on individuals on the Website is held with the individual's knowledge or consent and is subject to the provisions of the Data Protection Act, with whom the Client holds current registration.