Terms and conditions of supply
This page (together with the documents referred to on it) sets out the terms and conditions on which we supply any of our services, including the “demo”, “bronze”, “bronze plus”, “silver”, “gold” and “platinum” accounts and any bespoke arrangements (together the "Services") listed on our website ("our site") to individuals, companies and other corporate entities (“you”). Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site.
1.Information about us
www.recruitleads.com is a site operated by Armadeira Data Services Limited ("we"). We are registered in England and Wales under company number 07333072 and have our registered office at c/o Evans Mockler Limited, Highstone House, 165 High Street, Barnet, Hertfordshire EN5 5SU. Our main trading address is at Ground Floor, The Edward Hyde Building, 38 Clarendon Road, Watford WD17 1JW.
We are a limited company.
2.Your status
By placing an order through our site, you warrant that:
(1.a)you are legally capable of entering into binding contracts; and
(1.b)if a person, you are at least 18 years old.
3.Contract
3.1After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the service is available (the "Confirmation"). The contract between us (the "Contract") will only be formed when we send you the Confirmation.
3.2The Contract will relate only to those Services whose availability we have confirmed in the Confirmation. We will not be obliged to supply any other Services which may have been part of your order until the availability of such Services has been confirmed in a separate Confirmation.
4.Our status
4.1Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions applying to the transaction.
4.2We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products and/or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5.Terms and Cancellation
5.1The Contract will be for an initial period of 12 months (the “Initial Term”). It will then continue on a monthly basis until cancelled in accordance with sub-clause 5.2.
5.2To cancel a Contract after the end of the Initial Term, you must inform us in writing by sending an email to www.recruitleads.com before the 15th day (or if not a working day, the previous working day), (the “Notification Date”) of the last month which you want to use the Service. We will confirm receipt of your notification and that the Contract will end on the last day of that month. If you notify us after the Notification Date the Contract will end on the last day of the next month.
6.Price and payment
6.1The price of the Services and any other charges will be as quoted on our site from time to time, except in cases of obvious error.
6.2Service prices and any other charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
6.3Our site describes several Services and it is always possible that, despite our best efforts, some of the Services listed on our site may be incorrectly priced. We will normally verify prices as part of our acceptance procedures so that, where a Service's correct price is less than our stated price, we will charge the lower amount when delivery the Service to you. If a Service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before allowing access the Service, or reject your order and notify you of such rejection.
6.4We are under no obligation to provide the Service to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
6.5Payment for all Services must be by PayPal.
7.Warranty
We warrant to you that any Service purchased from us through our site will, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for the purpose for which services of this kind are commonly supplied.
8.Our liability
8.1Subject to sub-clause 8.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the applicable Service.
8.2Subject to sub-clause 8.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
(2.a)loss of income or revenue;
(2.b)loss of business;
(2.c)loss of profits;
(2.d)loss of anticipated savings;
(2.e)loss of data; or
(2.f)waste of management or office time.
8.3Nothing in the terms and conditions excludes or limits our liability for:
(3.a)death or personal injury caused by our negligence;
(3.b)fraud or fraudulent misrepresentation;
(3.c)any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(3.d)defective services under the Consumer Protection Act 1987; or
(3.e)any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
8.4Where you buy any service from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
9.Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.Notices
All notices given by you to us must be sent by email to info@recruitleads.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
11.Transfer of rights and obligations
11.1The contract between you and us is binding on you and us and on our respective successors and assignees.
11.2You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.Events outside our control
12.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
12.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(2.a)strikes, lock-outs or other industrial action;
(2.b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(2.c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(2.d)impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(2.e)impossibility of the use of public or private telecommunications networks; and
(2.f)the acts, decrees, legislation, regulations or restrictions of any government.
12.3Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.Waiver
13.1If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.2A waiver by us of any default will not constitute a waiver of any subsequent default.
13.3No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10.
14.Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.Entire agreement
15.1These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
15.2We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
15.3Nothing in this clause limits or excludes any liability for fraud.
16.Our right to vary these terms and conditions
16.1We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
16.2You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
17.Law and jurisdiction
Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
