Terms and Conditions
(Last updated 05 October 2015)
If you do not accept the Terms stated here do not use the Site and the Services. FieldStar may revise these Terms at any time by posting an updated version to this Web page. Changes to these Terms shall be made by a revised posting on this page, if you do not agree to changes to these Terms, you must notify FieldStar immediately to request the termination of your account. Any revisions will apply to any use of the Site or Services after the date on which they are posted.
You must be 16 years of age or older to visit or use the Site, and, if you are under the age of 18, your use of the site must be under the supervision of a parent, legal guardian, or other responsible adult.
These Terms are governed by the laws of England and Wales and subject to the exclusive Jurisdiction of the English courts. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, a failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect FieldStar’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, these Terms constitute the entire agreement between You and FieldStar with respect to the use of the Site and Service.
USE OF THE SITE
The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions which shall entitle us to terminate your access to the Site and Services immediately on notice in writing. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information. In respect of any personal data accessed or otherwise processed by you as a result of access to the site or the Services, you agree that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 1998 and, as such, shall be solely responsible for its processing.
All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to FieldStar or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.
Services and information provided on the site by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee their suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on the site in circumstances which may result in loss or damage.
We try to ensure continuous availability of the site and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused.
FieldStar reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing any part of the Site or Service without notice. FieldStar will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Service.
The Site and its Content may contain inaccuracies or typographical errors. FieldStar makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Site or the warranties or the Content. The use of the Site and the Content is at your own risk. No advice or information, whether oral or written, obtained by a User from FieldStar or through or from the Site shall create any representation or warranty unless it is expressly stated to do so.
FieldStar encourages you to keep a back-up copy of any of your Content. To the full extent permitted at law, in no event shall FieldStar be liable for the deletion, loss, or unauthorised modification of any Content.
FieldStar does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Site, or any other representation, warranty or guarantee in relation to the same.
If you believe that something on the Site breaches these Terms please contact FieldStar. If notified of any content or other materials which allegedly do not conform to these Terms, FieldStar may in its discretion investigate the allegation and determine whether to remove or request the removal of the content. FieldStar has no liability or responsibility to Users for performance or non-performance of such activities.
DISCLAIMER OF WARRANTY
To the fullest extent possible at law, FieldStar does not warrant that the site or the services will operate error-free or are free of computer viruses, trojans or other harmful mechanisms. If your use of the Site or the Content results in the need for servicing or replacing equipment or data or any other costs, FieldStar is not responsible for those costs. The site and content are provided on an "as is" basis without any warranties of any kind. FieldStar, to the fullest extent permitted by law, disclaims all warranties, whether express or implied at law.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
To the fullest extent possible at law, in no event shall FieldStar be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or business interruption) resulting from the use or inability to use the site and the Content, whether based on warranty, contract, tort, or otherwise.
EMPLOYMENT AGENCIES & EMPLOYMENT BUSINESS REGULATIONS 2003
Jobseekers and recruiters need to be aware that this job board operates as a venue only and does not introduce or supply work-seekers to recruiters (or vice versa). This means that we do not:
- obtain sufficient information for potential recruiters to select a suitable work-seeker for the position which the recruiter seeks to fill;
- obtain confirmation of the identity of a work-seeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
- take any steps to ensure the work-seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfil the position to be filled;
- take any steps to ensure that it would not be detrimental to the interests of the work-seeker or the recruiter for the work-seeker to fulfil the position to be fulfilled;
- give any indication to recruiters whether work-seekers are unsuitable (or suitable) for any position to be filled in any circumstances;
- propose work-seekers to recruiters or provide any information about them;
- take up any references in relation to a work-seeker; or
- make any arrangements for accommodation of work-seekers.
The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that work-seekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered work-seekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since we are only a venue and do not propose or introduce work-seekers to recruiters or vice versa, it is recommended that, if you are a work-seeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a work-seeker's suitability for the role.
These could include:
- If you are a work-seeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
- If you are a recruiter; checking the identity of the work-seeker and that the work-seeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a work-seeker to take up a position.
In addition, where professional qualifications are required or where work-seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the work-seeker and undertake a criminal records bureau check of the work-seeker. For more details of how to undertake a criminal records bureau check, please click here.
Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.
You may contact FieldStar by post at FieldStar Network Ltd, Sidings House, Sidings Court, Lakeside, Doncaster, DN4 5NU, by email at email@example.com, or by phone on 0844 879 7951.
ADDITIONAL TERMS FOR JOBSEEKERS
When you register with the Site, you will be required to provide FieldStar with certain information and requested to create a job seeker profile (“Your Information”).
You are responsible for maintaining the confidentiality of your job seeker account, including your password and other account access information as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your job seeker account, whether or not authorised by you. You agree to immediately notify FieldStar of any unauthorised use of your job seeker account, usernames or passwords.
You acknowledge, accept and agree that you are solely responsible for the form, content and accuracy of any profile, CV or material contained therein placed by you on the FieldStar Site and you hold FieldStar harmless from any and all damage should you breach this term.
FieldStar is not to be considered to be an employer with respect to our use of any FieldStar Site and FieldStar shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or responding to the same on the FieldStar Site.
FieldStar operates a policy of continuous improvement and welcomes any suggestions or comments in this respect although any comments, suggestions or submissions (including their subject matter) shall become the exclusive property of FieldStar on its receipt by FieldStar. This may mean that from time to time elements of the Site or the Services may be withdrawn, removed, altered or added to.
You understand and acknowledge that you have no ownership rights in your account.
You may cancel your account at any time provided that you provide FieldStar with notice of the same. If you cancel your account or your account is terminated, all your account information, including CVs, profile, saved jobs and completed job applications will be marked as deleted, may be deleted from FieldStars' databases and will be removed from any available area of the Site.
Job seeker accounts do not expire automatically. However, if we notice you have not logged in to your account for an extended period of time we may contact you by email to ask you to confirm that you wish for your account to remain open. We reserve the right to close the account of any inactive job seeker who does not respond to such requests within a reasonable amount of time.
Any Profile you submit must be accurate and describe you, an individual person. In the event that you cancel your account or the same is terminated your profile will be withdrawn and recruiters will no longer be able to access this information.
Job advertisements contained on the site are provided by prospective employers and their agents and are not reviewed by us. We accept no responsibility or liability for the contents of advertisements and expect candidates to carry out such verification procedures as are customary and prudent in the circumstances.
LIMITATION OF LIABILITY
Our liability, and the liability of our third party suppliers, for any loss or damage suffered by you as the result of your use of this site is limited to your actual direct damages and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss. As required by law, this exclusion does not extend to death or personal injury caused by our negligence.
ADDITIONAL TERMS FOR RECRUITERS
These terms and conditions apply to all job advertising and other material accepted by FieldStar for display on any of our web sites or for distribution in any other media. By providing any such material you accept these terms and conditions as principal, even if you are acting as agent or buyer for the third party advertiser.
You are responsible for the content of material supplied by you and for ensuring that you have the right to supply it to us and that it complies with all relevant legislation and codes of practice. You will indemnify us against any claim that the material infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.
If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
You are also responsible for responding to any applications, complaints or enquiries resulting from your advertising and you will indemnify and hold us harmless accordingly.
Your sole remedy if we, or our third party subcontractors who may host and serve advertising campaigns from time to time, make an error in displaying any advert or campaign is the cost of re-running the relevant advert or campaign. Neither we nor our subcontractors shall be liable in any circumstances for any loss of profit or business. We shall, additionally, have no liability for failure to display the advert or campaign caused by circumstances outside our control.
When you register with the Site, you will be asked to create an account and provide FieldStar with certain information including a valid company name, contact name and email address (“Your Information”). All information you submit must be complete and accurate.
You understand and acknowledge that you have no ownership rights in your recruiter account and that if you cancel your account or your account is terminated, all your account information will be marked for deletion, may be removed from any public area of the Site and may be permanently deleted from FieldStar’s databases.
Recruiter accounts do not expire automatically. However, if we notice you have not logged in to your account for an extended period of time we may contact you by email to ask you to confirm that you wish for your account to remain open. We reserve the right to close the account of any inactive recruiter who does not respond to such requests within a reasonable amount of time.
USERNAMES & PASSWORDS
Usernames and passwords are for the sole use of the company to whom they are issued. Usernames and passwords must be kept confidential and secure at all times. We may deny access to your account if we reasonably believe that it is being used by an unauthorised person or company or by any user breaching these terms and conditions.
PRICING & PAYMENT
All prices exclude VAT. Any discounts agreed are confidential and may not be disclosed by the Customer. All invoices are payable within 30 days from invoice date. Late payment will entitle us to suspend provision of Services. Interest will be payable on late payments at the rate of 3% above Santander UK PLC's base rate from time to time.
REFUNDS & CANCELLATIONS
Job advertising credits purchased under the ‘Pay-As-You-Go’ plan do not expire, however if the Customer upgrades to a recurring job advertising subscription any existing credits will automatically become part of the new plan and will be subject to the conditions of that plan.
Monthly job advertising plan fees are collected on a continuing subscription / automated renewal basis. On the monthly anniversary date (or on the 28th of the month if this is sooner) the monthly fee will be automatically collected from the debit/credit card the Customer used for the initial payment. Monthly job advertising subscriptions may be cancelled at any time by changing them to ‘Pay-As-You-Go’ using the facilities within the Website, or by sending a written cancellation request by email to firstname.lastname@example.org or by post to the FieldStar Network Ltd’s registered address. Cancellation requests should clearly state the name and email address associated with the Customer’s account and must be received at least 3 working days before the next fee is due.
Annual job advertising plan fees are invoiced on a continuing subscription / automated renewal basis. Annual job advertising subscriptions may be cancelled at any time by sending a written cancellation request by email to email@example.com or by post to the FieldStar Network Ltd’s registered address. Cancellation requests must be received at least 3 working days before the plan expiry / renewal date.
All Services are immediately available from the plan start / renewal date and so refunds or credit notes cannot be provided.
If the Customer cancels their monthly or annual job advertising subscription or if their monthly or annual job advertising subscription is terminated, the Customer will immediately lose the ability to post job adverts without incurring a further fee.
We may terminate the provision of Services if the Customer is in material breach of these terms and conditions and has not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied, or the Customer becomes insolvent, ceases to trade or goes into liquidation.
Credits from job advertising subscriptions are not cumulative. On receipt of each payment the Customers job advertising credit balance will be reset in accordance with the plan they have selected.
Unlimited job advertising plans are subject to a fair usage policy limiting users to a maximum of 500 job advert postings per month.
Each job post may remain live for a period not exceeding 28 days from the original publication date. After this 28 day period has elapsed job postings may no longer be amended.
Each job posting must:
- be written in English;
- refer to a specific vacancy / role in a specific location that will result in immediate and genuine employment for successful applicants; either as a self employed contractor or as an employee;
Job postings may not contain:
- more than one job description per posting;
- multiple vacancies within a single advert, other than when all vacancies fall within a single geographic region and the location of each vacancy is specifically noted within the job advert;
- any references to 'nationwide vacancies';
- hyperlinks or references to any website or web page, other than within the 'Application Link” field where the URL entered must redirect applicants to an online application form that is under your direct control;
- phone numbers or email addresses, other than within the specified fields;
- misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in FieldStar’s reasonable discretion;
- the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by FieldStar;
- inaccurate, false, or misleading information;
- material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 16.
You may not use Your FieldStar job posting to:
- post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to employment, equal employment opportunity, data privacy, data access and use, and intellectual property;
- post jobs or other advertisements that are not for Your company, except where you represent a recruitment firm or another third party recruitment service with permission to post the information on your client’s behalf, and where that client is not affiliated with your company in any way;
- post jobs which are not in keeping with the target audience of this Site;
- post jobs or other advertisements for competitors of FieldStar or post jobs or other content that contains links to any site competitive with FieldStar;
- sell, promote or advertise products or services;
- post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
- post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
- promote any opportunity that does not represent genuine employment; either as a self employed contractor or as an employee.
- except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her:
- a) racial or ethnic origin
- b) political beliefs
- c) philosophical or religious beliefs
- d) membership of a trade union
- e) physical or mental health
- f) sexual life
- g) the commission of criminal offences or proceedings or
- h) age
FieldStar reserves the right to amend or remove any job posting or content from any FieldStar Site, which in the reasonable exercise of FieldStar’s discretion, does not comply with the above Terms, or if any content is posted that FieldStar believes is not in the best interest of FieldStar.
FieldStar reserves the right to recommend amendments to any job posting or content, or to make such amendments, if in the FieldStar’s opinion the changes would make the job posting or content more effective or otherwise improve its overall quality.
Job adverts you post on fieldsalesjobs.com may also appear on third party web sites pursuant to agreements from time to time between FieldStar and the proprietors of such web sites.
We must receive the complete creative content for an email campaign in acceptable format at least two working days before 9 am on the go-live date. Otherwise, we may not be able to achieve the specified go-live date but you must pay the full amount set out in the order, irrespective of whether any delivery targets or targets for email opens or click-throughs have been met.
To cancel or alter an order for an email campaign you must inform us, by email at the address on the order, at least one working days before 9 am on the go-live date. Otherwise you must pay the full amount set out in the order, irrespective of whether any delivery targets or targets for email opens or click-throughs have been met.
CONTENT AND LINKS
If your job advert or email campaign links to another site via our external application link option, you are responsible for maintaining the links and for the content of your advertisement and the linked site. We may remove or refuse to distribute any advertisement or campaign which contains content or links to a site which, in our opinion, is defamatory, illegal or objectionable or will bring FieldStar into disrepute. You will indemnify us from and against any claims or liability arising from content or links contained in your advertisements and campaigns.
CV DATABASE SEARCH & ALERTS
Database rights and all other applicable copyright and intellectual property rights in the CV database belong to FieldStar. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.
The material you are entitled to access or receive from the database is determined by the product you have purchased from us.
On access to or receipt of this material you may:
- Temporarily save it to a folder or database for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill.
- Use the information about the individuals contained within in the database for the purpose of contacting them in relation to a specific job vacancy.
- Use the information only in connection with your own recruitment-related activities.
You may NOT:
- Supply, sell or license material from the database, or a copy of it, to any other person, including another member of your group of companies.
- Download, search or view the database through any automated (e.g. "scraping") process.
- Contact the individuals on the database or allow any information about those individuals to be used, other than for the purpose of finding suitable candidates for specific job vacancies.
You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.
You agree to remove, delete or destroy all saved material from your database upon receiving updated information in relation to a specific job seeker or applicant, upon the satisfactory conclusion of your search for a suitable candidate, upon receiving a request to do to from the job seeker or applicant in question, or upon termination or cessation of your right to access our CV database services.
RESPONSES TO JOB ADVERTISEMENTS, EMAIL CAMPAIGNS, CV SEARCHES & CV ALERTS
All job applications, profiles and CV are provided by job seekers and are not reviewed by us. We accept no responsibility or liability for the content of any application, profile or CV, and expect prospective employers to carry out such verification procedures as are customary and prudent in the circumstances.
You agree to deal fairly and professionally with all job seekers and not to do anything which may bring FieldStar into disrepute. You agree to indemnify FieldStar from and against any claim brought by an individual against FieldStar arising from your breach of this obligation or any other of these terms and conditions.
FieldStar does not guarantee any response to your job advertisement, email campaign or CV search, or that responses or CVs will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
LICENSE TO USE NAMES, TRADEMARKS AND LOGOS
You agree that FieldStar may use your name, company name, trademarks and logos (“IP-Rights”) for the purposes of providing the Services. Additionally you agree that FieldStar may mention you or your company as a reference customer in FieldStar’s marketing materials (such as, but not limited to websites and brochures), that FieldStar may use your IP-Rights in this context and may present examples of the services provided to and the materials published on your behalf.
LIMITATION OF LIABILITY
Our total liability to you in respect of any Service, except for death or personal injury caused by our negligence, is limited to the total amount paid to us for such Service during the 1-year period immediately preceding any claim, or £1,000, whichever is the greater.
It is your responsibility to ensure that you have the appropriate equipment and are connected to the appropriate services to enable you to post jobs to, or receive job applications or communication from fieldsalesjobs.com.
REVISION OF THESE TERMS
If you do not accept the Terms stated here do not use the Site and the Services. FieldStar reserves the right to modify or supplement these Terms at any time by posting an updated version to this Web page. If we make a material change to these Terms, at our discretion we may also notify registered users of the Site who have been active within the last 30 days by email. If you receive such a notice, or if you return to this Site after a period of more than 30 days, please check the details at the top of this page to check the date that it was last updated and to confirm that you are familiar with any changes. Any revisions will apply to any use of the Site or Services after the date on which they are posted. Your continued use of this Site after we post changes will constitute your acceptance of the new Terms as it they were the initial Terms. If you do not agree to changes to these Terms you must notify FieldStar immediately to request the termination of your account.