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Sector1- Online Advertising Terms and Conditions
Before you can place advertising you must read and accept these terms
and conditions set out. By clicking on the "Accept" button
you are agreeing to be bound by these terms and conditions. If you
do not accept these terms and conditions, you are not authorised to
place vacancies on Sector1.
| "Acceptance" |
|
Means the time and date at which the Advertiser
clicks on the "Accept" button on Sector1 |
| "Advertiser" |
|
Means you, the individual or company placing an
order for Advertising Services |
| "Advertising Content" |
|
Means [the content of the advertisement as submitted
by the Advertiser to Sector1] |
| "Advertising Services" |
|
Means [the provision of space on Sector1 and any
other services provided pursuant to these terms and conditions] |
| "Pearsons" |
|
Pearsons Advertising & Marketing Ltd (Company
Number 2017766) whose registered office is at Cleveland Business
Centre, 1 Watson Street, Middlesbrough, TS1 |
| "Sector1" |
|
Means the site on the Internet located at: http://www.Sector1.net |
1. Acceptance
1.1 An order for Advertising Services placed by the Advertiser on
Sector1 shall be subject to these terms and conditions
1.2 All other terms and conditions, express or implied by statute
or otherwise, are excluded to the fullest extent permitted by law.
1.3 Nothing in these terms and conditions shall affect the statutory
rights of any consumer
1.4 On Acceptance, the Advertiser:
1.4.1 represents that he/she/it is duly authorised to enter into an
agreement subject to these terms and conditions; and
1.4.2 shall be deemed to offer to purchase Advertising Services pursuant
to these terms and conditions.
1.5 The Advertiser shall be responsible for ensuring the accuracy
of the details provided using the online booking service and Pearson
will not be obliged to accept an order unless all details requested
on the order form have been entered correctly.
2 Advertising
2.1. Pearsons - maintains a site on the Internet located at: http://www.Sector1.net.
This Agreement relates to Advertiser electronically submitting advertisements
for jobs to the Sector1 via the on-line advertising booking service.
Such Advertising Content will be automatically posted and published
by Pearsons without the assistance of any Pearsons personnel. This
content will then be available to and accessed by Sector1 users.
2.2. The booking service permits the placing of vacancies onto the
site for a two-week duration. There are no cancellation or amendment
facilities available once an advertisement has been submitted.
2.3. Pearsons also offers an advertising service whereby Pearsons
will process and post the Advertiser's adverts to Sector1 on behalf
of the Advertiser. Such advertising service is usually for clients
placing high volume advertisements. If you are interested in this
service please contact Pearsons by emailing susan.stobie@pearsons.co.uk
2.4. Pearsons have content sharing agreements with other websites
and by placing a vacancy on the Sector1 the Advertiser agrees to such
vacancy also appearing on other job sites where a current content
sharing agreement may be in place. Each electronic vacancy submitted
by the Advertiser to the Sector1 via the online booking service will
remain advertised on the Sector1 Site for 2 weeks from and including
the first day of publication. Vacancies are automatically removed
at midnight on the final day of publication.
2.5. At all times, the Advertiser is solely responsible for electronically
submitting the Advertising Content to Sector1 and the contents and
details of any of the Advertising Content provided to Sector1 under
these terms and conditions. Pearsons will not be liable or responsible
for checking the Advertising Content to ensure it is correct, accurate
and complete. Sector1 will not be liable for any errors, mistakes,
or omissions made during the electronic submission, processing and/or
posting the Advertising Content to Sector1.
2.6. On submission of the vacancy there are no online facilities to
cancel or amend the vacancy. In order to remove a vacancy from Sector1
you must make contact with Pearsons by telephone or email and provide
the full job reference details. In the event of taking this action
should the vacancy have already been published then the full advertising
fees will be due and the Advertiser will not be entitled to a refund.
2.7. Pearsons may delete any Advertising Content from Sector1 or refuse
to post any Advertising Content to Sector1
2.7.1 the content of a vacancy is:
2.7.1.2 not consistent with Pearson's advertising standards;
2.7.1.3 likely to breach any applicable law or regulation;
2.7.2 the Advertiser has breached or threatened to breach these terms
and conditions;
2.7.3 the content is obscene, defamatory, or infringes on any known
intellectual property rights of any third party.
2.8. Pearsons may immediately delete, suspend, or refuse to accept
any Advertising Content if the Advertiser fails a credit check carried
out by Pearsons. Pearsons may check that the Advertiser or the person
dealing with Sector1 on behalf of the Advertiser has authority to
use any credit or other payment card in relation to these terms and
conditions.
2.9. Pearsons may delete any Advertising Content without any reason
at any time after Acceptance has occurred. In this event the Advertiser
will only be liable for the Fees for the Advertising Content advertised
on Sector1 up to the date of such deletion or refusal. Pearsons will
refund any Fees pre-paid by the Advertiser where they take the decision
to withdraw the service unless there has been a breach of these terms
and conditions.
2.10. Pearsons may change the position of any Advertising Content
on the Sector1 Site at any time if necessary or desirable for organisational
or presentational reasons. Pearsons will give the Advertiser reasonable
notice prior to any action being taken to remove a vacancy Sector1.
3. Warranties of Advertiser
The Advertiser warrants that:
3.1 in relation to Advertising Services the Advertiser agreements
with Pearson as a principal notwithstanding that the Advertiser may
be acting directly or indirectly for the Advertiser as an advertising
agent or media Advertiser or in some other representative capacity;
3.2 the reproduction and/or publication of the advertisement by Pearson
as submitted will not breach any agreement or infringe or violate
any copyright, trademark or any other personal or proprietary right
of any person or render Pearson liable to any proceedings whatsoever;
3.3 any information supplied in connection with the advertisement
is accurate, complete and true;
3.4 in respect of any advertisement submitted for publication 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 Advertiser
or the Advertiser has obtained the authority of such living person
to make use of such name, representation and/or copy;
3.5 the advertisement complies with the requirements of all relevant
legislation (including subordinate legislation, the rules of statutorily
recognised regulatory authorities and the law of the European Economic
Community) for the time being in force or applicable in the United
Kingdom; and
3.6 all advertising copy submitted to Pearson is legal, decent, honest
and truthful and complies with the British Code of Advertising Practice
and all other relevant codes under the general supervision of the
Advertising Standards Authority;
3.7 all Advertising Content or any other information provided by the
Advertiser is lawful, decent, honest, truthful, accurate and not misleading
in any way and the Advertiser will not use the Sector1 Site for any
fraudulent or illegal purposes. The Advertiser warrants that it has,
or will procure prior to the publication date, all necessary contents,
releases and licences to provide the Advertising Content to Sector1
and to deal with it as described in these terms and conditions.
4. Indemnity
The Advertiser will indemnify Pearson and agrees to keep it indemnified
against all claims, costs, proceedings, demands, losses, damages,
expenses or liability whatsoever arising directly or reasonably
foreseeably as a result of any breach or non performance of any
of the representations, warranties or other terms contained in these
conditions or implied by law.
5. Payment
5.1 The fees for the Advertising Services provided under these terms
and conditions will be quoted to the Advertiser on Sector1 at the
time the Advertiser selects the Advertising Services it wishes to
obtain under these terms and conditions. The fees will be confirmed
to the Advertiser at the time the Advertiser provides its credit card
or other payment details via the Sector1 online payment facility.
5.2 The Advertiser will be liable to pay the fees payable to Pearson
for the Advertising Services in accordance with these terms and conditions.
5.3 Payment will be charged to the credit card account or such other
account specified by on the Sector1 online payment facility.
5.4 By placing an advertisement, the Advertiser consents to payment
being charged to your credit card account or such other account as
specified on the Sector1 online payment facility.
5.5 All fees payable under these terms and conditions or set out on
Sector1 are in pounds sterling and inclusive of value added tax ("VAT").
Which is due and payable on all fees.
6 Sector1 Site and Content
6.1 Pearson makes no representation or warranty that the whole or
part of Sector1 will be accessible at all times, or useable by any
users and/or the Advertiser, or error free. Pearson.
6.2 Sector1 will have sole control over the 'look and feel' of the
Sector1 Site, including the Advertising Content provided by the Advertiser
to Sector1.
7. Intellectual Property
7.1 The copyright in the material contained in Sector1 and any trademarks
and brands included in that material belongs to Pearson or its licensors.
7.2 [Copying or storing the contents of the website is expressly prohibited.]
8 Liability of Pearson
8.1 The Advertiser shall be responsible for the correctness of the
Advertising Content.
8.2 Pearson will attempt to ensure that the information available
on Sector1 at any time is accurate. However, Pearson will not be held
liable for any errors or omissions. Pearson will use all reasonable
endeavours to correct errors and omissions as quickly as practicable
after becoming aware or being notified of these.
8.3 Pearson may change, suspend or discontinue any aspect of Sector1,
including the availability of any features, information, database
or content or restrict access to parts or all of Sector1 without notice
or liability.
8.4 Without prejudice to the Pearson's entitlement to be paid for
the Advertising Services as published a sum representing a reasonable
proportion of the fee agreed at the time the Advertising Services
were booked, Pearson's liability is limited to a maximum at its option
of giving a credit for its fee for the Advertisement or (in an appropriate
instance) of publishing the Advertisement for a second time without
a fee. Any complaint, claim or query shall not affect the liability
of the Advertiser for payment by the due time of Pearson's fees for
that and all other Advertising Services.
9 Force Majeure
Pearson will not be liable to the Advertiser for any breach
of these terms and conditions by reason of any delay in performing,
or any failure to perform, any of its obligations in relation to
these terms and conditions, if the delay or failure was due to any
cause beyond our reasonable control. Without prejudice to the generality
of the foregoing, the following will be regarded as causes beyond
Pearson's reasonable control:
9.1 Act of God, explosion, flood, tempest, fire or accident;
9.2 War or threat of war, sabotage, civil disturbance or requisition;
10.3 Acts, restrictions, regulations, bye-laws, prohibitions or
measures of any kind on the part of any governmental, parliamentary
or local authority;
9.4 Import or export regulations or embargoes;
9.5 Strikes, lock outs or other industrial actions or trade disputes;
9.6 Difficulties in obtaining raw materials, labour, fuel, parts or
machinery;
9.7 Power failure or breakdown in machinery
If Pearson is prevented from carrying out its obligations in the
above circumstances, it will notify you in writing. If we are still
prevented from carrying out its obligations 3 weeks from the date
such notice was sent, then either party may give written notice
to the other cancelling the agreement. If the agreement is cancelled
in this way we accept no liability to compensate you for any loss
or damage caused by failure to perform.
10 General
10.1 The agreement which incorporates these terms and conditions shall
be construed under and governed by the law of England and the parties
submit to the exclusive jurisdiction of the English courts.
10.2 Pearson may from time to time change, alter, adapt, add or remove
portions of these terms and conditions but if we do so we will post
any such changes on Sector1.
10.3 If any provision of these terms and conditions is held by any
competent authority to be invalid or unenforceable in whole or in
part, the validity of the other provisions of these terms and conditions
and the remainder of the provision in question will not be affected.
10.4 The headings in these terms and conditions are for convenience
only and will not affect their interpretation.
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