Terms & Conditions
1. Terms and Conditions of business
1.1 All business undertaken between your company/organization and Complinet specified on the booking order form is subject to these terms and conditions of business.
1.2 Any references to "we" or "us" or "our" are references to Complinet.
2.1 The details provided by you on Registration are important and must be true, complete and correct. You agree to notify us immediately of any changes, which are relevant to your Registration by informing us on the change you details page.
3. Your Information
3.1 We will respect your information and undertake to comply with all applicable UK data protection legislation currently in force.
3.2 Other than as required by law, or as permitted by these conditions, we will not disclose your Registration details to any third party without your permission.
3.3 We will not monitor or edit the contents of your postings on Complinet e-Resourcing unless required to do so by law (in particular laws relating to defamation, harassment or obscenity) or in the good faith belief that such action is necessary to:
3.3.1 conform to the edict of the law and comply with legal process served on us;
3.3.2 protect and defend our right to properties;
3.3.3 act under exigent circumstances to protect the personal safety of our users or the public; or
3.3.4 carry out necessary maintenance or improvements to the posting service.
3.4 In order to maintain the integrity of Complinet we reserve the right to forward contact details to any regulatory authorities when requested to do so including the police; we may also forward contact details where a complaint arises concerning your use of Complinet e-Resourcing and where that use is deemed to be inconsistent with these terms and conditions.
4. Intellectual Property Rights
4.1 Nothing in these conditions shall take effect so as to give you any rights in relation to copyright, trade marks or other intellectual property rights in Complinet., other than the limited rights of use of such service set out in these terms and conditions.
4.2 Except as permitted by applicable law, you agree not to copy, modify or reverse engineer any part of Complinet.
4.3 You hereby indemnify us against any and all liability for any and all copyright infringement or the breach of any other intellectual property right that is caused by your failure to abide by these terms and conditions.
5. Our Obligation To You
5.1 We will use our reasonable endeavours to maintain Complinet e-Resourcing in a fully operating condition and error free. We shall have no liability for any failures in you accessing Complinet caused by any software utilised by you when in-putting any posting information.
6. Your Obligations to Us
6.1 You agree that you will only use Complinet in a manner that is consistent with these terms and conditions and in such a way as to ensure compliance with all applicable laws and regulations. In particular, you will not use Complinet to transmit or distribute any material which is defamatory, offensive or of any obscene or menacing character, or which may, in our judgement, cause annoyance or inconvenience or anxiety to any person including without limitation any racist, sexist, harassing, threatening, vulgar or abusive material, opinions or messages.
6.2 To the extent to which your use, or the use by any employee or person authorized by you causes loss or damage to any person who has posted their CV on the Complinet site, or any other person, you agree to indemnify us immediately on demand in relation to any such losses or damages attributable to you, including where necessary any legal and administrative, or technical charges that may arise from such use.
6.3 You agree not to use Complinet or the services made available to you on or via Complinet such that you cause a whole or part of Complinet or such services to be interrupted, damaged, rendered less efficient or in any way impaired.
6.4 You agree to take full responsibility for the use of Complinet made by you and accordingly you accept liability under these terms and conditions for third party use of Complinet which is in breach of these conditions.
6.5 You agree not to use Complinet to gain or seek unauthorized access to other computer systems.
6.6 We reserve the right to suspend the services offered to you by Complinet if we have reasonable cause to suspect that you are in breach of any of the terms of these conditions.
7. Limitation of Liability
7.1 Nothing in these terms and conditions shall limit either our or your liability for personal injury of death caused (respectively) by our or your negligence.
7.2 Subject to condition 7.1 above, except as set out in these terms and conditions, we shall not be liable to you or to any third party for any lost profits; any loss of business; any cost of replacement services; any punitive or exemplary damages; or any indirect, consequential, incidental or special losses or damages or any kind or nature whatsoever, howsoever caused; and, unless otherwise excluded under this condition, your exclusive remedy for any claim, loss or damages in any way related to any services provided or anticipated to be provided under these conditions shall be limited to the aggregate value of any service levels purchased from us. Nothing contained in this condition shall prevent either party from seeking interlocutory relief.
8.1 On successful registration and acceptance as a Complinet user, you shall be entitled to use Complinet subject to these conditions, which will remain effective until terminated in accordance with the following provisions.
8.2 Your right to continue to use Complinet will terminate immediately on written notice from us if:
8.2.1 you fail to comply with any of these conditions; or
8.2.2 you become insolvent or bankrupt.
8.3 We may notify you by giving 1 month's prior written notice if we choose to cease to provide Complinet for any reason.
8.4 Written notices as required by these conditions will be sent either by email or post to the relevant party's address as set out at the head of these conditions or in the Registration Form, as appropriate.
8.5 On termination you will destroy or delete as appropriate all material and content contained or provided to you for your use of Complinet.
9. Payment Terms
9.1 All invoices are subject to VAT at the prevailing rate and are payable within 7 days of invoice date. Late payment will render null and void our undertaking to provide the posting service.
9.2 We have a right to charge interest at the rate of 2.5% per month above the base-lending rate of Natwest Bank Plc from time to time or part thereof on all accounts remaining unpaid 30 days after the invoice date.
10.1 Failure or neglect by Complinet to enforce at any time any of the provisions of these terms and conditions shall not be construed nor shall be deemed to be a waiver of Complinet's rights under these terms and conditions nor in any way affect the validity of the whole or any part of these terms and conditions nor prejudice Complinet's rights to take subsequent action.
11.1 In the event that any of the terms, conditions or provisions of these terms and conditions shall be determined by an competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent by severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extend permitted by law.
12. Force Majeure
12.1 Complinet shall not be liable to you in respect of anything that may constitute breach of this Agreement arising by reason of force majeure, namely circumstances beyond the control of Complinet which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, telecommunications and utilities failure, riot, civil commotion or civil authority, including acts of local government and parliamentary authority, breakdown of plant or machinery or software or death of royalty.
13. Applicable Law and Jurisdiction
13.1 The laws and England and Wales shall govern these conditions and your use of Complinet and the parties hereby submit to the exclusive jurisdiction of the English courts.