The Financial Times Career Management Terms and Conditions for Advertisers, incorporating Refund Policy
Please read this carefully because it sets out the terms of a legally binding agreement between you and the Financial Times Limited.
These are the terms and conditions which govern the way in which advertisers, recruitment agencies and employers (“Advertisers”) may use the services offered on the FT Career Management Sites, which are exec-appointments.com, jobs.ft.com and The Financial Times Non-Executive Directors’ Club (non-execs.com) (together, the “Sites”). By accessing the Sites and using the services available on the Sites, you are agreeing to these terms and conditions. If you use the Sites in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business. We only make these terms and conditions available in the English language.
If you do not agree with the terms and conditions (or are not authorised to do so on behalf of your business or work) you should not use the Sites or the services available on the Sites.
If you have any questions please contact firstname.lastname@example.org. We recommend that you print and save a copy of these terms and conditions for your records.
We strongly recommend that you read these terms and conditions in their entirety.
References in these terms and conditions to ”FT” (or ”we”, ”us” or ”our”) refer to the company operating the Sites. See Section 11 below for details.
References in these terms and conditions to “you” and “your” refer to you as an Advertiser.
These terms and conditions were last updated on 24 July 2012 and replace all previous terms and conditions for Advertisers for the Sites. FT may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices.
These terms and conditions govern the placement of job advertisements (“Advertisements”) on the Sites by you, and your use of the searchable databases of candidate information on exec-appointments.com and jobs.ft.com and The Financial Times Non-Executive Directors’ Club sites (the “CV Databases”). The CV Databases allow you to search and view CVs, executive profiles, employment information and such other information provided by individuals interested in employment opportunities (the “Profiles”).
As between FT and you, all intellectual property rights in the Profiles available on the CV Databases are owned by FT or its licensors. Provided that we have obtained an appropriate licence (consent) from users to make available the Profiles to you, we grant to you a non-exclusive, worldwide licence to use the Profiles acquired by you solely for employment and recruitment related activities. This licence shall terminate automatically upon termination of this Agreement or upon termination of the services offered on the Sites.
2. Access and Use of the Sites
Registration: You must register and open an account with us if you wish to use the Sites. You must provide financial and other information as reasonably required by FT in order for the FT to establish your creditworthiness. FT will provide you with a login which will allow you to access the client area of the Sites and access the CV Databases. You shall ensure that the details you provide to us upon registration are kept up to date at all times. You will be solely responsible for all activity occurring under your account. You will notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security.
FT reserves the right to change the login at any time or to suspend access to the Sites via the password if it has reason to believe the password has been or is being used in an unauthorised way or by an unauthorised person.
Permitted Use: You are only allowed to use the Sites and the material contained in the Sites as set out in these terms and conditions. You may use the Sites only:
if you are a bona fide recruitment agency or company interested in recruitment and employment, or looking to advertise job vacancies on the Sites, or looking to recruit candidates for specific job vacancies; and for your bona fide recruitment and informational purposes only, and not for any other purpose; and to place advertisements for other products and services, to be accepted by FT in its discretion.
Use of the Profiles and the CV Databases: You warrant, represent and undertake to ensure that:
Access to the CV Databases: Access to the CV Databases may be granted to you for a fixed period of time, or alternatively, you may be granted access to a particular number of Profiles.
The fees chargeable for access to the CV Databases will be made clear to you on the order form issued by FT, or otherwise during the purchase process. The fees chargeable for access to the CV Databases will be made clear to you on the order form issued by FT, or otherwise during the purchase process. Refunds may be granted at the discretion of the management.
Restrictions on Use: You cannot use the Sites, the Profiles or any Candidate Information for any unlawful purpose, or other than as set out in these terms and conditions.
FT reserves the right, in its sole discretion, to refuse access to the Sites to any person or class of persons for any reason including but not limited to inappropriate or excessive use or abuse of the Sites or causing a nuisance to candidates, such reasons to be assessed by FT at its sole discretion.
3. Terms and conditions applicable to Advertisers and Advertisements displayed on the Sites
The FT Terms and Conditions of Advertising govern the placement of all Advertisements displayed on the Sites. By making a booking for the display of Advertisements on the Sites, you are confirming that you have read, understood and agreed to the FT Terms and Conditions of Advertising and the terms and conditions as stated in these Financial Times Career Management Terms and Conditions. You as an Advertiser will be classified as a “Buyer” (as defined) under the FT Terms and Conditions of Advertising.
Advertisers who display Advertisements on the Sites assume all legal responsibility for those Advertisements. Advertisers are solely responsible for the content of the Advertisements displayed on the Sites, including ensuring that the Advertisements are not misleading, are accurate and comply with applicable laws and regulations. FT is not responsible for the content of any Advertisements, including any error or inaccuracy in the Advertisements.
The FT Terms and Conditions of Advertising are available here. In the event of any inconsistency between these Financial Times Career Management Terms and Conditions for Advertisers and the FT Terms and Conditions of Advertising, the Financial Times Career Management Terms and Conditions for Advertisers shall prevail to the extent of any inconsistency.
exec-appointments.com: In addition to the FT Terms and Conditions of Advertising, the following terms and conditions shall apply to you as an Advertiser if you wish to advertise jobs on exec-appointments.com and jobs.ft.com:
If you wish to advertise on exec-appointments.com or jobs.ft.com , the client area of that Site will allow you to create and manage Job Advertisements that you wish to post on the Sites. Your Job Advertisement will appear on both exec-appointments.com and on jobs.ft.com . You shall be able to create Job Advertisements up to the number of Job Advertisements ordered by you and specified in the order form issued by FT and/or for the fixed time period specified in the relevant order form (as applicable). Advertisements must be created on the Site using your account number and password and shall be in a fixed format dictated by FT Job Advertisements must include: (a) the Advertiser's logo, which the Advertiser shall provide to The Financial Times (as a jpeg or gif file); (b) if required by the Advertiser, a logo of one of the Advertiser's clients (if the Advertiser is a recruitment agency) or of a recruitment agency (if the Advertiser is a prospective employer), such logo to be provided to FT as a jpeg or gif file; (c) up to 2 hypertext links to the Advertiser’s websites; and (d) a full and accurate description of the position offered in the Advertisement. All Advertisements must comply with clause 3 of the FT Terms and Conditions of Advertising. FT will have, at its absolute discretion, the right to reject, refuse, omit, postpone, cancel, remove or make changes to the whole or any part of any Advertisement submitted for publication, or published, on the Site. FT will not refund to the Advertiser any fees paid in respect of an Advertisement which is not published or is removed from the Sites. When creating a Job Advertisement the Advertiser shall provide the relevant search criteria information for the Advertisement (to enable users to search for Advertisements on the sites) by ticking the appropriate boxes during the ad posting process. Job Advertisements will be posted in weekly increments for the number of weeks selected in the online Advertisement creation process. For selected Job Advertisements which are placed by Advertisers on exec-appointments.com, some of these selected Advertisements may also appear in the Executive Appointments print supplement in The Financial Times newspaper (at no additional cost to the Advertiser). In addition, selected Advertisements which are placed by Advertisers on exec-appointments.com may also be posted by FT on third party sites and third party aggregator websites in order to drive responses and traffic to the exec-appointments.com site (at no additional cost to the Advertiser). The Financial Times Non-Executive Directors’ Club: In addition to the FT Terms and Conditions of Advertising, the following terms and conditions shall apply to you as an Advertiser if you wish to advertise on The Financial Times Non-Executive Directors’ Club site:
An Advertiser will not be charged for posting a job Advertisement relating to a specific vacancy or vacancies solely on The Financial Times Non-Executive Directors’ Club site. However, an Advertiser will be charged fees if an Advertiser wishes to post an Advertisement on a number of the FT’s Sites, such as on both The Financial Times Non-Executive Directors’ Club site and the exec-appointments.com site.
4. Our Responsibilities To You
A summary of what this section means: This section is important and you should read it carefully. It makes clear to what extent, if any, FT accepts responsibility (liability) to you for your use of the Sites. It is not commercially possible for us to accept more responsibility for your use of the Sites than set out in this Section 4.
Limitations of Sites and Site content: The Sites and Site content (including any Profiles accessed through the CV Database) is only for your general information and is not intended to address your particular requirements. In particular, the Sites and the Site content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by FT. It is not intended to be and should not be relied upon by you in making (or refraining from making) any specific employment, engagement, or other decisions. Any agreements, transactions or other arrangements made between you and any candidate are at your own responsibility and entered into at your own risk.
What we promise: FT WILL TRY TO DEVELOP AND OPERATE THE SITES WITH REASONABLE SKILL AND CARE AND WILL USE REASONABLE EFFORTS TO PROMPTLY REMEDY ANY FAULTS OF WHICH IT IS AWARE. THIS IS THE ONLY PROMISE WE MAKE IN RELATION TO OUR PROVISION OF THE SITES.
What we do not promise: BY WAY OF EXAMPLE, THIS MEANS THAT THE SITES AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT FT DOES NOT MAKE ANY PROMISES IN RESPECT OF THE SITES OR THE SITE CONTENT OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH THE SITES, OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM THE SITES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. FT ALSO DOES NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF THE SITES AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT THE SITES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. FT FURTHER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS TO THE ACCURACY OF ANY PROFILES, CVS AND OTHER INFORMATION SUBMITTED BY CANDIDATES OR OF ANY OTHER INFORMATION AVAILABLE ON THE SITES.
THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF THE SITES AND ALL SITE CONTENT. WITHOUT LIMITING THE ABOVE, FT IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. FT DOES NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, ACTS OF GOD OR THE ACTS OF THIRD PARTIES. FT IS NOT LIABLE TO YOU (WHETHER SUCH LIABILITY ARISES DUE TO BREACH OF STATUTE, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR MISREPRESENTATION) FOR: (A) LOSS OF EARNINGS OR INCOME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, DAMAGE TO BUSINESS, LOSS OF DATA, LOSS OF GOODWILL; AND (B) ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONDEQUENTIAL LOSS OR DAMAGES OF ANY KIND.
Our financial responsibility to you: FT ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF (A) YOUR USE OF THE SITES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS; AND (B) YOUR USE OF THE SITES OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.
THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 APPLY FOR THE BENEFIT OF FT, ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.
Notwithstanding anything else in this Section 4, FT’s liability will not be limited in the case of death or personal injury directly caused by FT’s negligence in those countries where it is unlawful for FT to seek to exclude such liability.
Indemnity: YOU AGREE TO FULLY INDEMNIFY AND KEEP FULLY INDEMNIFIED THE FT, ITS DIRECTORS, AGENTS AND EMPLOYEES AGAINST ANY AND ALL LOSSES, LIABILITIES, COSTS, CLAIMS, DAMAGES, DEMANDS, EXPENSES AND FEES (INCLUDING BUT NOT LIMITED TO LEGAL AND OTHER PROFESSIONAL FEES) SUFFERED OR INCURRED BY FT ARISING OUT OF OR IN CONNECTION WITH: (A) ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, OR OTHER TERM CONTAINED IN THESE TERMS AND CONDITIONS OR IMPLIED BY LAW; AND (B) ANY THIRD PARTY CLAIM AGAINST FT (WHETHER BY A CANDIDATE OR OTHER THIRD PARTY) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITES.
We may terminate this agreement with immediate effect if: (a) you breach any of these terms and conditions and (if it is possible to remedy the breach) you fail to remedy that breach within 7 days of written notice of the breach being given to you; or (b) you shall cease to carry on your business or shall have a liquidator, receiver or administrative receiver appointed to you or over any part of your undertaking or assets or shall pass a resolution for your winding up or a court of competent jurisdiction shall make an administration order or liquidation order or similar order, or you shall enter into any voluntary arrangement with your creditors, or you shall be unable to pay your debts as they fall due or any analogous event occurs to you in any jurisdiction.
6. Law and Jurisdiction
These terms and conditions are subject to English law. Both you and we agree that the courts of England will (subject to the final paragraph in this Section 6) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
For the exclusive benefit of FT and to the extent possible in the applicable jurisdiction, FT will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any company within the Financial Times group of companies but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
Any payment information you send to us over the internet is encrypted using 128 bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.
By providing the services available on The Financial Times Non-Executive Directors’ Club Site, FT is not in any way acting in the capacity of an employment agency. The purpose of The Financial Times Non-Executive Directors’ Club Site is not wholly to help individuals find employment, but to support non-executives by offering them a variety of networking opportunities and access to information to keep them up to date with corporate governance issues. FT does not introduce or supply candidates to Advertisers.
To the extent that the Employment Agencies Act 1973 and/or the Conduct of Employment Agencies and Employment Business Regulations 2003 apply to the services provided by FT on exec-appointments.com and jobs.ft.com, if at all, FT acts in the capacity of an employment agency. The services provided by FT are intended to help you find the work that you are looking for. FT does not however introduce or supply candidates to Advertisers. You will be charged fees for advertising on the exec-appointments.com and the jobs.ft.com websites. FT does not have any authority to enter into contracts with candidates on your behalf.
8. Corporate Information
The Financial Times Limited is the publisher of the Sites, and its corporate details are as follows: registered office address is 1 Friday Street, London EC4M 9JA; company number is 227590; VAT number is 278 5371 21; and Data Protection Registration Number is Z7087146.
9. Changes to Terms and Conditions
These terms and conditions were last updated on 16 April 2019 and replace with immediate effect all terms and conditions previously published.