1. "Client" means the person or organisation which has set up an account with ProfEx in order to use the Services.
"Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.
"Order Confirmation" means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of telephone orders, the form signed by the Client confirming details and pricing of the Services ordered by the Client.
"ProfEx" means ProfEx LTD, acting through its division careercenter.am.
"ProfEx Corporate Family" means all companies connected with ProfEx. A company is connected with ProfEx if it is:
i. a subsidiary or holding company of ProfEx;
ii. controlled by the same person(s) who control ProfEx or ProfEx's holding company;
iii. a subsidiary or holding company of any company in (i) or (ii) above; or
iv. a subsidiary or holding company of any company in (iii) above and "subsidiary" and "holding company" shall be as defined in section 736 of the Companies Act 1985.
"Services" means the online recruitment services as set out in clause 2.
"Terms" means these terms and conditions.
"Website" means www.careercenter.am and includes without limitation its content, databases, software, code and graphics.
2. The following Services are available from ProfEx via the Website:
Freecruitment: NGOs may post 1 job announcement on the Website free of charge. Vacancies, applicants and responses can be managed via the Client's account.
Premium Job Postings: A subscription service whereby the Client's job postings will be given greater prominence in job listings.
Featured Job Postings: A service whereby Clients may specify that one or more job postings appear in "Featured Jobs" pages/spaces on the Website.
Guaranteed Response: The Client will receive a minimum of 5 applications or CVs to each job posting for which this Service is ordered. In order to achieve this, ProfEx will do one or more of the following: give relevant job postings greater prominence in job search results, job alert emails and job listings; feature relevant job postings in Featured Jobs pages/spaces; email details of relevant vacancies to the 20 candidates who best match the criteria set by the Client. In the event that the Client does not receive 5 applications within one week of the Commencement Date, access to CV Search will be given to the Client in order to make up any shortfall.
CV Search: The Client will be given access to a search engine to search for candidate CVs which match the criteria and filtering set by the Client. Various bundles of CV downloads may be purchased, subject to a fair usage cap.
Branding Opportunities: various opportunities to promote Client brands are available, including Recruiter Profile, where ProfEx will post a profile of the Client's company or organisation on the Website for an agreed time.
Email Services: various email services are available, including targeted emails, where ProfEx will send a one off email with details of the Client's job(s) to an agreed number of the most recently registered candidates who match the criteria set by the Client.
3. ProfEx shall provide the Services in accordance with these Terms. Clients must set up an account with ProfEx in order to gain access to the Services. The Services do not constitute an offer by ProfEx, and ProfEx reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
4. A legally binding contract between ProfEx and the Client comprising these Terms and the Order Confirmation will come into effect when ProfEx has received the Client's completed Order Confirmation. ProfEx will acknowledge receipt by sending a confirmatory email or fax to the Client.
5. ProfEx shall perform the Services using information and criteria supplied by the Client. It is the Client's responsibility to provide accurate and up to date information.
6. The Client undertakes not to submit for inclusion in any job posting, its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect ProfEx or ProfEx's reputation.
7. Other than Freecruitment and Services paid for online, ProfEx shall issue an invoice to the Client on completion of the Services. The Client shall pay ProfEx's invoice in full within 30 days from the date of invoice. In the event of late payment, without prejudice to any other remedy, ProfEx reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
8. Online payment services will be carried out by 2checkout. Payment online shall be subject to 2checkout's terms and conditions.
9. Once an Order Confirmation has been received, ProfEx cannot accept any cancellation of the agreed Services and no refunds will be given. Subscription Services are for a minimum term of 12 months unless otherwise agreed with ProfEx. No refunds will be given for early termination. For Services purchased online, refunds may occasionally be given at ProfEx.s sole and absolute discretion.
10. ProfEx may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
11. ProfEx reserves the right to changes the fees and/or these Terms from time to time, provided that no change shall be retrospective.
12. Without prejudice to any other remedy, ProfEx may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if ProfEx has reasonable grounds to believe that the Client cannot or will not pay its debts.
13. ProfEx reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:
a. those of Clients who have not provided full or accurate contact or company information
b. those of Clients that ProfEx considers to be acting inappropriately or illegally
c. those of Clients that use the Website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site
d. those of Clients who fail ProfEx's credit checking process, or who default on payment.
14. The Client agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.
15. All intellectual property rights connected with the Services and/or the Website shall remain vested in ProfEx or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
16. ProfEx cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results (Guaranteed Response excepted).
17. ProfEx shall not be in breach of these Terms if events beyond its reasonable control prevent ProfEx from performing the Services.
18. Հաճախորդի պարտականությունն է պաշտպանել իրենց համակարգիչները ցանկացած վիրուսներից և չարամիտ ծրագրերից:
19. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between ProfEx and the Client. The Client acknowledges that it has not relied on any representation made by ProfEx in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
20. In the event that the Client makes a claim against ProfEx for whatever reason, ProfEx's liablity (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall ProfEx be liable for any consequential, indirect or special losses, including without limitation, loss of profits, revenue, interest, goodwill, business and/or savings. Nothing in these Terms shall be construed to exclude ProfEx's liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
21. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
22. Notices to ProfEx shall be sent by email to email@example.com and notices to the Client shall be sent by email to the address supplied on set up of the Client's account.
23. From time to time ProfEx may contact Clients in order to evaluate the service they receive and also to promote ProfEx's services and products. ProfEx monitors the quality of vacancies and other information from time to time in order to provide a better service to candidates.
24. The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of ProfEx or of any member of the ProfEx Corporate Family. Breach of this clause shall be a material breach and will entitle ProfEx, without prejudice to any other remedies it may have, to terminate the Client's account and Services immediately.
25. For the avoidance of doubt, the Website terms and conditions apply in addition to the above Terms.
26. The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the International Court of Justice.
Job Postings and Vacancies
27. By submitting a vacancy to the Website, the Client is authorising ProfEx to post such vacancy and submit candidates ranked by ProfEx in accordance with the Client's criteria (if any).
28. The Client is responsible for the content of the vacancy and will indemnify ProfEx against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
29. The Client shall include in the job description the following information:
. Any qualifications and/or authorisations required by law or any or by any relevant professional body;
a. If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
b. Where the Client is employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.
30. The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.
31. Applicants' responses will be forwarded by ProfEx by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants' responses and ProfEx accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.
32. All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job posting are the responsibility of the Client, and ProfEx accepts no liability whatsoever therewith. The Client will indemnify ProfEx against any Losses in connection therewith.
33. The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, and the Employment Equality (Age) Regulations 2006. The Client shall indemnify ProfEx against any Losses in connection therewith.
34. The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on ProfEx's site, communications with applicants and management of applicants' details. The Client shall indemnify ProfEx against any Losses in connection therewith.
35. The Client shall not post any vacancy where:
a. there is a risk to the health and safety of any applicant at the location where the work is to be performed, or
b. the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances.
36. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold ProfEx harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.
37. ProfEx reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:
a. those that ProfEx considers illegal, inappropriate or fraudulent
b. those that directly or indirectly require or ask for application or registration fees
c. those that advertise franchise, pyramid, network marketing or get-rich-quick schemes
d. those that have been indiscriminately posted or duplicated across multiple sectors
e. those that advertise websites, services, businesses, business opportunities and/or contact details.
38. The number of CV downloads is subject to a fair usage cap: this is 300 CV downloads per user per day. A user is a person or organisation with a unique login. A Client may have more than one user where agreed with ProfEx.
39. Announcemenents are disseminated according to Posting Rules, which are available when an organization selects to Post an Announcement after logging in.