Terms and Conditions for Advertisers

exec-appointments.com Terms and Conditions for Advertisers

Please read this carefully because it sets out the terms of a legally binding agreement between you and the Financial Times Limited.

1. Introduction

These are the terms and conditions which govern the way in which advertisers, recruitment agencies and employers (“Advertisers”) may use the services offered on www.exec-appointments.com (together, the “Website”). By accessing and using the services available on the Website, you are agreeing to these terms and conditions. If you use the Website 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 Website or the services available on the Website. If you have any questions please contact us at contactus@ft.com. We recommend that you print and save a copy of these terms and conditions for your records.

References in these terms and conditions to ”FT” (or ”we”, ”us” or ”our”) refer to the company operating the Website. See Section 8 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 20 April 2017 and replace with immediate effect all terms and conditions previously published on 25 November 2013. 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 Website by you, and your use of the searchable databases of candidate information on exec-appointments.com (the “CV Database”). The CV Database allows 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 Database 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 Website.

2. Access and Use of the Website

Registration: You must register and open an account with us if you wish to use the Website. 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 Website and access the CV Database. 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 Website 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 Website and the material contained in the Website as set out in these terms and conditions. You may use the Website only: (i)if you are a bona fide recruitment agency or company interested in recruitment and employment, or looking to advertise job vacancies on the Website, or looking to recruit candidates for specific job vacancies; (ii) for your bona fide recruitment and informational purposes only, and not for any other purpose; and (iii) 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: (i) you will use all Profiles acquired or accessed by you, together with any other information or personal data relating to candidates you may have access to (“Candidate Information”) in accordance with these terms and conditions and all applicable laws, regulations and codes of conduct; you will use all Profiles together with any Candidate Information in accordance with the FT Privacy Policy; (ii) you will only use the Profiles together with any Candidate Information for your own bona fide recruitment purposes only, and not for any other purpose (for example, you cannot use the Profiles and any Candidate Information for the purposes of marketing to those candidates or adding them to a third party marketing list, without the consent of the relevant candidate); (iii) the Profiles that you purchase and any Candidate Information which you have access to are for your sole use only, and you may not sell or pass on, sub-license or otherwise distribute any Profiles or Candidate Information to any third party (including any of your subsidiaries or affiliated companies) unless the particular candidate has provided its express consent (by opting-in on the Website) to make their Profile or Candidate Information public; (iv) in respect of your use, processing and storage of Profiles or any Candidate Information you may have access to on the Website, you will comply with the UK Data Protection Act 1998 and all subordinate legislation, the General Data Protection Regulation (GDPR) and The Privacy and Electronic Communications (EC Directive) Regulations, as amended from time to time, and all other applicable privacy and data protection laws and regulations, as well as any guidance and/or codes of practice issued from time to time by the Information Commissioner’s Office (“Data Protection Laws”); (v) you are notified with the Information Commissioner’s public register of data controllers and that such notification is accurate and up to date, unless you are otherwise exempt from such notification; (vi) you will implement and maintain appropriate technical and organisational measures to protect any personal data you may possess against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure; (vii) you will not hold and store Profiles or Candidate Information for longer than is necessary for your recruitment purposes, and you will ensure that secure destruction of Profiles and Candidate Information takes place when such information is no longer needed; (viii) you will immediately cease to use and destroy securely any Profile or Candidate Information if we or a candidate makes a request, and you will do so within a reasonable period of time following the request; (ix) you will promptly notify us if you receive a request from an individual for access to their personal data.

You will also promptly notify us if any information you obtain from the Website has been lost or stolen, or if you have suffered a security breach, or if you receive any other complaint or request relating to our obligations under relevant Data Protection Laws, and you will provide full cooperation and assistance to us in relation to any such complaint or request; and you will maintain a list of candidates who notify you that they no longer wish to be contacted by you. We make no warranty regarding the accuracy or reliability of any Profiles or other Candidate Information that you acquire or have access to from using the Website. The Profiles which you may search for and, depending on the service, either view, download, or make contact with the candidate via email or other method, are provided on an “as is” basis from candidates and we do not review the Profiles or verify the accuracy of the information contained in the Profiles. We therefore have no liability to you for any direct or indirect damages or loss you may suffer or incur arising out of your use of, or your inability to use, the Profiles, the Candidate Information or the CV Database.

Access to the CV Database: Access to the CV Database 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 Database 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 Database will be made clear to you on the order form issued by FT, or otherwise during the purchase process.

Restrictions on Use: You cannot use the Website, 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 Website to any person or class of persons for any reason including but not limited to inappropriate or excessive use or abuse of the Website 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 Website

The FT Terms and Conditions of Advertising govern the placement of all Advertisements displayed on the Website. By making a booking for the display of Advertisements on the Website, 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 Website assume all legal responsibility for those Advertisements. Advertisers are solely responsible for the content of the Advertisements displayed on the Website, 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.

The client area of the Website will allow you to create and manage Job Advertisements that you wish to post on the Website. 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). Only one role per job credit is permitted, we reserve the right to remove any multiple role listings.  Advertisements must be created on the Website using your account number and password and shall be in a fixed format as dictated by Financial Times. Advertisements must include: (i) the Advertiser's logo, which the Advertiser shall provide to The Financial Times (as a jpeg or gif file); (ii) 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; (iii) 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 Website. FT will not refund to the Advertiser any fees paid in respect of an Advertisement which is not published, or is removed from the Website.

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 Website) 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 the Website, 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 the Website may also be posted by FT on third party sites and third party aggregator websites in order to drive responses and traffic to the Website (at no additional cost to the Advertiser).

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 Website. It is not commercially possible for us to accept more responsibility for your use of the Website than set out in this Section 4.

Limitations of Website and Website content: The Website and Website content (including any Profiles accessed through the CV Database) are only for your general information and is not intended to address your particular requirements. In particular, the Website and the Website content do 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 WEBSITE 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 WEBSITE.

What we do not promise: BY WAY OF EXAMPLE, THIS MEANS THAT THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT FT DOES NOT MAKE ANY PROMISES IN RESPECT OF THE WEBSITE OR THE WEBSITE CONTENT OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH THE WEBSITE, OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM THE WEBSITE. 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 WEBSITE AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE 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 WEBSITE.

THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF THE WEBSITE AND ALL WEBSITE 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 WEBSITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS; AND (B) YOUR USE OF THE WEBSITE OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.

THE LIMITATIONS OF LIABILITY IN THIS SECTION 4 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 WEBSITE.

5. Termination

We may terminate this agreement with immediate effect if: (i) 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 (ii) 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.

7. General

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.

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 the Website, 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 Website. 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 Website, and its corporate details are as follows: registered office address is Number One Southwark Bridge, London SE1 9HL; company number is 227590; VAT number is GB226162332; and Data Protection Registration Number is Z7087146.

Last updated 20 April 2017