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Detailed T's
& C's appear below
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Welcome
to this 1st4Jobs.com Web Site
Please
read this section before proceeding further. By proceeding
beyond this page, you accept these Terms and Conditions
and agree to abide by them.
1st4Jobs.com may revise Terms and Conditions
at any time by updating this section. You should therefore
revisit this page periodically to review the Terms
and Conditions, as they are binding on you.
References
to "we/our/us" are to 1st4Jobs.com.
The terms "You" and "User"
are used to refer to all individuals and/or entities
accessing this website for any reason.
Definitions
of other terms used in this section are included in
the Appendix.
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Use
of the Web Site
The
web site may be used only for lawful purposes by individuals
seeking employment and career information and employers
seeking employees.
As
a user, you are responsible for your own communications
and are responsible for the consequences of placing
or responding to an advertisement or any other link.
By
placing an order for any of the services offered on
this web site, you are requesting that those services
appear on our web site and in other media where this
may be applicable, in accordance with these terms.
This means that your contact &/or job details
(as relevant) can be viewed by anyone with Internet
access throughout the world. You consent to the publication
of this data in this way.
When
you register for the web site, you may be asked to
provide the Company with certain information including,
without limitation, a valid email address. In addition
to the terms and conditions that may be set forth
in any privacy policy on this web site, you understand
and agree that the Company may disclose to third parties,
on an anonymous basis, certain aggregate information
contained in your registration application. The Company
will not disclose to any third party your name, address,
e-mail address or telephone number without your prior
consent, except to the extent necessary or appropriate
to comply with applicable laws or in legal proceedings
where such information is relevant. The Company reserves
the right to offer third party services and products
to you. Such offers may be made by the Company or
by third parties.
By submitting content to any area of the web site
currently or potentially available through the website,
you grant the Company and its affiliates the loyalty-free,
perpetual, irrevocable, sublicenseable (through multiple
tiers), non-exclusive right (including any moral rights)
and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
communicate to the public, perform and display the
content (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media,
or technology now known or later developed, for the
full term of any rights that may exist in such content.
You also warrant that the holder of any rights, including
moral rights in such content, has completely and effectively
waived all such rights and validly and irrevocably
granted to you the right to grant the license stated
above. You also permit any subscriber to access, display,
view, store and reproduce such content for personal
use. Subject to the foregoing, the owner of such content
placed on the web site retains any and all rights
that may exist in such content.
By
submitting an advert to us, or responding to an advert
on the web site you shall be deemed to have accepted
these terms.
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Making
an Order
By
agreeing to place your advert with us, you are requesting
that the advert appears on our web site. We will endeavour
to contact you by e-mail to accept your advert or
to inform you if we are not able to accept the advert
for any reason. However, no contract is made between
us until we have verified and accepted your advert
copy.
If you send your advert to us on a working weekday
before 4.00pm we will usually confirm that same day
whether or not it is accepted by us. Orders received
after 4.00pm or during a weekend or bank holiday will
not usually be verified or accepted before the following
weekday (excluding Bank Holidays).
To
ensure your advert is placed on the web site in the
right format, you must provide all advert copy by
completing the standard order form appropriate to
the relevant service.
By
placing an advert with us you are granting us a licence,
with a right to sub-license, to reproduce that advert
(including in a modified form) as part of or in association
with the 1st4Jobs.com services on any
website or on any other media controlled by us or
by any third party with whom we have, or enter into,
an agreement for the provision of classified advertising.
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General
These
Conditions together with the Contract, and any relevant
Registration or Order Form govern the provision of
the Services by 1st4Jobs.com and the
obligations of 1st4Jobs.com and the Client
during the period that the Services are supplied to
the Client by 1st4Jobs.com as set out
in the Contract.
These
Conditions shall take immediate effect in substitution
for all previous terms and conditions relating to
the Services whether written, oral or implied between
1st4Jobs.com and the Client.
These
Conditions are deemed to be accepted by the Client
upon occurrence of any of the following: receipt by
1st4Jobs.com of a completed Order Form
or other form of authority, signed for and or approved
by on behalf of the Client or upon entry into the
Contract by signature (or clicking on the accept button
below if on line).
No
variation of or alteration to these Conditions shall
be valid unless expressly agreed and confirmed in
writing by a director, or other nominated authority,
of 1st4Jobs.com.
1st4Jobs.com
may, at its discretion and without
notice, report improper or illegal use of CVs or the
Services by the Client to the relevant legal and/or
professional bodies including but not limited to the
Department of Employment, the Data Protection Registrar,
FRES or other relevant, national authority.
The
Company makes no claims that the Materials may be
lawfully viewed or downloaded in all parts of the
globe. Access to the Materials may not be legal by
certain persons or in certain countries. If you access
the Web Site, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction.
Jurisdiction for any claims arising under this agreement
shall lie with the English Courts. If any provision
of these Terms and Conditions are found to be invalid
by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver
of any term of these Terms and Conditions shall be
deemed a further or continuing waiver of such term
or any other term. Except as expressly provided in
additional terms of use for areas of the Web Site
a particular "Legal Notice," or Software
License or material on particular Web pages, these
Terms and Conditions constitute the entire agreement
between you and the Company with respect to the use
of the web site. No changes to these Terms and Conditions
shall be made except by a revision to this section
of the website.
The
Client shall not be entitled to assign the Contract
nor any or all of its rights and obligations hereunder.
If
any provision of these Conditions shall be invalid
or unenforceable, it shall not affect any other provision
which shall remain in full force and effect.
These
Conditions and the Contract are the entire agreement
between the Client and 1st4Jobs.com in
respect of the Services.
Any
waiver by 1st4Jobs.com shall not be considered
as a waiver of the same succeeding or any other breach
of the same provision and any delay shall not operate
as a waiver by 1st4Jobs.com.
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Your
Advert
Each
individual advert must be for only one job.
Your
advert copy must be legal, decent, honest and truthful
and comply with British (or relevant national) Code
of Advertising Standards Authority, must be accurate
and not infringe the rights of any third party. We
may amend the advert to ensure as far as is reasonably
practical, compliance with those requirements. Bearing
in mind the nature of the service, we are not able
to verify these issues with regard to any statements
made by you in your advert copy and accordingly you
shall indemnify us and hold us harmless from all claims,
costs and expenses (including legal expenses) resulting
from your or any breach of this paragraph.
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Restrictions
and Prohibited Use of the Web Site
You are authorised to view material on this or any
other 1st4Jobs.com web site (the web
site) for your personal non - commercial use only.
All
the contents and compilation of this web site are
protected, and the property of the Company, its content
suppliers or clients. Unauthorised use of any of these
Materials, including code, in any manner may violate
copyright, trademark, and other laws.
You
must not, and by using this web site you agree not
to, do the following things:
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Post any incomplete, false or inaccurate biographical,
or any other, information which is inaccurate,
or in the case of a CV, is not your own accurate
CV
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Delete or revise any material posted by any
other person or entity
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Transmit, distribute, store or destroy material
in violation of any relevant law or regulation
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Transmit, distribute, store or destroy material
in a manner that will infringe the copyright,
trademark, trade secret or other intellectual
property rights of others or violate the privacy,
publicity or other personal rights of others
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Transmit, distribute, or store material that
is defamatory, obscene, threatening, abusive
or hateful or embarrassing to another user or
any other person or entity
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Post a sexually-explicit image or statement
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Post advertisements or solicitations of business
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Post chain letters, pyramid schemes, franchise,
club membership, distributorship or sales representative
agency arrangement or other business opportunity
which requires an up front or periodic payment,
pays commissions only (no significant salary),
requires recruitment of other members, sub-distributors
or sub-agents
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Impersonate another person
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Post material that contains, without limitation,
viruses, Trojan horses, worms, time bombs, cancelbots,
or other computer programming routines or engines
that are intended to overload, flood, spam,
mailbomb, crash or otherwise damage, detrimentally
interfere with, surreptitiously intercept or
expropriate any system, data, or information
or services to any user, host or network
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Use or attempt to use any device, engine, software,
tool, agent, routine or mechanism (including
without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or
search this web site other than the search engine
and search agents available from the Company
on this web site and other than generally available
third party web browsers (e.g., Netscape Navigator,
Microsoft Explorer)
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Use or attempt to use any device, engine, software,
tool, agent, routine or mechanism (including
without limitation browsers, spiders, robots,
avatars or intelligent agents) to interfere
or attempt to interfere with the proper working
of the web site or any activity being conducted
on the site
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Violate or attempt to violate the security of
the web site, including, without limitation
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accessing data not intended for such user or
logging into a server or account which the user
is not authorised to access
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attempting to probe, scan or test the vulnerability
of a system or network or to breach security
or authentication measures without proper authorisation
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sending unsolicited e-mail, including promotions
and/or advertising of products or services
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forging any TCP/IP packet header or any part
of the header information in any e-mail or newsgroup
posting
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attempting to decipher, decompile, disassemble
or reverse engineer any of the software comprising
or in any way making up a part of the web site
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Violations
of system or network security may result in civil
or criminal liability. The Company will investigate
occurrences which may involve such violations and
may involve, and co-operate with, law enforcement
authorities in prosecuting users who are involved
in such violations.
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Our
Liability
The
Company and web site acts as a passive conduct and
venue for the online distribution and publication
of user-submitted information and has no obligation
to screen communications or information in advance
and is not responsible for screening or monitoring
material posted by users. The Company has no control
over and takes no responsibility for the quality,
safety or legality of jobs or CV's posted, the truth
or accuracy of the listings, the ability of employers
to offer job opportunities to candidates or the ability
of candidates to fill job openings.
The
Company does not represent or guarantee in any way
the truthfulness, accuracy, or reliability of communications
posted by users or endorse any opinions expressed
by users. In addition, it is acknowledged that there
are risks, including but not limited to the risk of
physical harm, of dealing with strangers, foreign
nationals, under age persons or people acting under
false pretences. You assume all risks associated with
dealing with other users with whom you come in contact
through the web site.
By
its very nature, other people's information may be
offensive, harmful or inaccurate, and in some cases
will be mislabelled or deceptively labelled. We expect
that you will use reasonable caution and common sense
when using this web site.
You
acknowledge and agree that you are solely responsible
for the form, content, accuracy of and liability for
any CV or material contained therein placed by you
on the web site. Employers are solely and similarly
responsible for their postings on the web site.
If
notified by a user of communications which allegedly
do not conform to these Terms and Conditions, the
Company may investigate the allegation and determine
in good faith and its sole discretion whether to remove
or request the removal of the communication.
The
Company has no liability or responsibility to users
for performance or non performance of such activities.
The
Company reserves the right to expel users and prevent
their further access to the web site for violating
the Terms and Conditions or the law and the right
to remove communications which are abusive, illegal,
or disruptive.
The
Company may take any action with respect to user-submitted
information that it deems necessary or appropriate
in its sole discretion if it believes it may create
liability for the Company or may cause the Company
to lose (in whole or in part) the services of its
ISPs or other suppliers, clients or candidates.
You
acknowledge that any reliance on material posted by
other users will be at your own risk.
In
the event that you have a dispute with one or more
users, you release the Company (and our agents and
employees) from claims, demands and damages (actual
and consequential, direct and indirect) of every kind
and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any
way connected with such disputes. If you are a California
resident, you waive California Civil Code d1542, which
says: "A general release does not extend to claims
which the creditor does not know or suspect to exist
in his favour at the time of executing the release,
which if known by him must have materially affected
his settlement with the debtor."
The
Company is not to be considered to be an employer
with respect to your use of the web site and the Company
shall not be responsible for any employment decisions,
for whatever reason made, made by any entity posting
jobs on the web site.
The
Material may occasionally contain inaccuracies or
typographical errors. The Company makes no representations
about the accuracy, reliability, completeness, or
timeliness of the web site or the Material. The use
of the web site and the Material is at your own risk.
Changes are periodically made to the web site and
may be made at any time.
The
Company does not warrant that the web site will operate
error free or that this web site or its server(s)
are free of computer viruses or other harmful mechanisms.
If your use of the website or the material results
in the need for servicing or replacing equipment or
data, the Company is not responsible for those costs.
The
web site and material are provided on an as is basis
without any warranties of any kind. The company, to
the fullest extent permitted by law, disclaims any
and all representations, warranties, undertakings
and conditions, express or implied, including the
warranty of merchantability, fitness for particular
purpose, title and non-infringement, except as expressly
otherwise provided in these terms and conditions.
The company makes no warranties about the accuracy,
reliability, completeness, or timeliness of the material,
services, software, text, graphics or links contained
in any of the materials on the site.
Where
we have accepted an advert but it does not appear
on the web site at all you shall be entitled to a
refund of the advert price unless the omission is
caused by unforeseen circumstances beyond our reasonable
control or because of your breach of contract. Our
liability to you for breach of contract or negligence
shall not exceed an amount equal to the price of any
advert or series of adverts regarding the same matter
placed by you on the site. In no event shall we be
liable for any special, indirect, consequential or
purely economic loss whatsoever or any loss of profit
regardless of whether such losses are foreseeable
and whether or not caused by our negligence arising
out of or in connection with the use of the site.
Nothing contained in these terms and conditions shall
have effect so as to limit our liability for loss
or damage arising out of personal injury or death
or acts of fraud.
In
no event shall the company, its suppliers, or any
third parties mentioned on the web site be liable
for any damages whatsoever (including without limitation,
incidental and consequential damages, lost profits,
or damages resulting from lost data or business interruption)
resulting from the use or inability to use the web
site and the material, whether based on warranty,
contract, tort, or any other legal theory, and whether
or not the company is advised of the possibility of
such damages.
In
no event shall 1st4Jobs.com, its officers,
servants, agents or employees be liable for any special,
indirect, consequential or purely economic loss whatsoever
regardless of whether such losses are foreseeable
and whether or not caused by 1st4Jobs.com's
negligence arising out of or in connection with the
use of the 1st4Jobs.com sites save that
nothing contained in these terms and conditions shall
have effect so as to limit 1st 4 t Company's liability
for loss or damage arising out of personal injury
or death or acts of fraud.
Within
the site you may find links or references to third
party materials and third party web sites outside
the 1st4Jobs.com network.. We accept
no liability of any description in respect of the
contents of such materials or sites. We should not
be taken to be endorsing, publishing, permitting or
authorising such sites or materials.
The
intellectual property rights in all elements of the
site comprising or available at 1st4Jobs.com
including without limitation the copyright,
database rights, trade marks and patents, know how,
confidential information and collections of personal
data are owned or controlled by 1st4Jobs.com or as otherwise stated.
1st4Jobs.com
will not be liable for any loss
of copy, artwork, photographs, data or other materials
which the Client supplies to it and the Client shall
be responsible for retaining in its possession sufficient
quality and quantity of such materials for whatsoever
purposes it may require.
1st4Jobs.com
accepts no responsibility for
any mistakes or errors whatsoever that arise during
the course of publication of any Advertisement or
Promotion and shall not be liable for any loss of
information or data or any damage thereto or by reason
of any representation or terms whatsoever for any
loss of profit by any indirect, special or consequential
loss (whether caused by the negligence of 1st4Jobs.com, its employees or agents).
Nothing
in these Conditions shall render 1st4Jobs.com
liable for any loss or liability (including
without limitation as a result of any server crashes
or being out of service, deletion, corruption, loss
or removal of data) arising out of the occurrence
of any matter outside its reasonable control. Time
shall not be of the essence in respect of 1st4Jobs.com's obligations hereunder.
No
liability will be accepted by 1st4Jobs.com
for any delay costs expense loss, damage or other
loss (including without limitation loss of profits
or any loss resulting from any software disk or virus)
howsoever caused arising from any matter beyond the
reasonable control of 1st4Jobs.com ,
the failure of 1st4Jobs.com to provide
the Services or out of any inaccurate, ambiguous or
misinterpreted information or representation.
As
it is for Client to satisfy itself as to the availability,
suitability, standard of skill, integrity and reliability
of all Applicants whose CVs are provided by 1st4Jobs.com for its Clients and any particular
job or position, no liability will be accepted by
1st4Jobs.com for any loss or damage whatsoever
(including loss of profits) howsoever caused including
without limitation arising out of the negligence,
dishonesty, misconduct, breach of faith wrongfully
disclosure of confidential information or lack of
skill of any Applicant.
The
Company accepts no liability for claims arising from
the use of any of the Materials on or use of the website.
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English
Law
These
terms and the contract of which they form a part shall
be governed by English law and shall be subject to
the non-exclusive jurisdiction of the English courts.
In the event of any inconsistency between these terms
and the Legal Notice, these terms shall prevail.
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Links
to Other Sites
The
Web Site contains links to third party web sites.
These links are provided solely as a convenience to
you and not as an endorsement by the Company of the
contents on such third-party Web sites. The Company
is not responsible for the content of linked third-party
sites and does not make any representations regarding
the content or accuracy of materials on such third
party Web sites. If you decide to access linked third
party Web sites, you do so at your own risk.
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No
Resale or Unauthorised Commercial Use
You
agree not to resell or assign your rights or obligations
under these terms. You also agree not to make any
unauthorised commercial use of the Web Site.
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Termination
The
Company reserves the right, at its sole discretion,
to pursue all of its legal remedies, including but
not limited to deletion of your advertisement or other
material from this or other 1st4Jobs.com
Web Sites, and immediate termination of any registration
now or at any stage in the future, with or ability
to access the Web Site and/or any other service provided
to you by the Company, upon any breach by you of these
Terms and Conditions or if the Company is unable to
verify or authenticate any information you submit
to the Web Site registration with or ability to access
the web site.
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Indemnity
The
Client hereby agrees without prejudice to any other
right of action which 1st4Jobs.com may
have, at all time keep 1st4Jobs.com fully
and effectively indemnified and hold harmless the
Company, is officers, directors, employees and agents,
against any claims, actions, demands or liability
(which liability shall include, without limitation,
all losses, costs, expenses, actions, damages, legal
and other professional fees and expenses on a full
indemnity basis) which 1st4Jobs.com may
suffer or incur as a result of any Advertisement or
any Promotion, or pursuant to the Services, or by
reason of, any breach or non-fulfilment of any of
the Client's obligations in respect of these Conditions,
alleging or resulting from the Client's use of the
Material or breach of the terms of these Terms and
Conditions. The Company shall provide notice to you
promptly of any such claim, suit, or proceeding and
shall assist you, at your expense, in defending any
such claim, suit or proceeding.
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Refunds
Refunds
will only be given at the exceptional discretion of
the Company Management where it is clearly demonstrated
that staff in its employment have acted negligently
or irresponsibly.
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Additional
Terms of Use
Certain
areas of this Web Site now or at any stage in the
future be subject to additional terms of use. By using
such areas, or any part thereof, you agree to be bound
by the additional terms of use applicable to such
areas.
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Appendix
Definitions
The
following words and phrases shall have the following
meanings unless the context requires otherwise:-
| Advertisement: |
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any
advertising material supplied by a Client for
transmission by the Internet from the Site |
| Applicant: |
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the
person who submitted the CV to 1st4Jobs.com and whose details are set out within a
CV |
| Banner
Advertisement: |
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an
electronic advertisement whose dimensions and
delivery format are agreed, containing pictures,
logos and/or text which is made available to third
parties on the Site |
| Client: |
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the
person(s), firm or company to whom the Services
are provided by 1st4Jobs.com |
| Commencement
Date: |
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means
the earlier of the dates specified in the Contract
and the date on which 1st4Jobs.com
places an Advertisement on the Site |
| Conditions: |
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means
these standard Terms and Conditions |
| Contract: |
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a
contract for the purchase and supply of the Services
between 1st4Jobs.com and the Client |
| CV: |
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the
curriculum vitae or outline details of an Applicant's
education, training, skills and employment experience
which is provided to 1st4Jobs.com
by an Applicant for distribution to employment
agencies or employers for the purpose of securing
employment |
| End
Client: |
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the
person(s) firm or company to whom the Client(s)
services are provided |
| Fees: |
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the
fees and charges payable by the Client as specified
in the Contract |
| Internet: |
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the
global computer network comprising interconnected
networks using a standard set of rules that regulate
the manner in which data is transmitted between
computers |
| 1st4Jobs.com : |
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1st4Jobs.com |
| Lineage
Advertisement: |
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a
vacancy Advertisement which contains text only
and is available via searching online and once
per Vacancy Week via the Jobs-by-Email service |
| Order
Form: |
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the
order form as supplied by 1st4Jobs.com
or other specific authority document |
| Site: |
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means
this or any other Web Site operated and maintained
by 1st4Jobs.com which 1st4Jobs.com may designate for the purpose |
| Term: |
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the
term of the Contract as specified |
| Vacancy
Week: |
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a
consecutive period of seven days during which
an Advertisement is made available on the Site(s) |
| Web
Site: |
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a
site at which text, graphics, data, files and
information are stored electronically, access
to which is made available to third parties via
the Internet |
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