Terms & Conditions

Job Seekers - Terms of Use

This page states the "Terms and Conditions" under which you may use NessJobs.com and its affiliate sites. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. NessJobs.com. (the "Company") may revise these Terms and Conditions at any time by updating this page. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

Use of Web Site Content

The Company authorises you to view and access a single copy of the content available on or from NessJobs.com or its affiliate sites (the "Web Site") solely for your personal, non-commercial use.

The contents of this Web Site, and of all other websites under the Company’s control, whether partial or otherwise (the Website and such other websites are sometimes collectively referred to as “NessJobs.com Sites”) such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, “Web Site Content”), are protected under both UK and foreign copyright, trademark and other laws. All Web Site Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by UK and international copyright laws. Unauthorised use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that the Company creates to generate any Web Site Content or the pages making up any NessJobs.com Site. It is also protected by the Company’s copyright.

Acceptable Site Use

General Rules: Users may not use any NessJobs.com Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) 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, or (c) that is defamatory, obscene, threatening, abusive or hateful.

NessJobs.com Site Security Rules. Users are prohibited from violating or attempting to violate the security of any NessJobs.com Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any NessJobs.com, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. 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 cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses.

NessJobs.com Sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).

Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.

Deleting or revising any material posted by any other person or entity.

Using any device, software or routine to interfere or attempt to interfere with the proper working of any NessJobs.com Site or any activity being conducted on this site.

Taking any action which imposes an unreasonable or disproportionately large load on any NessJobs.com Site’s infrastructure.

If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any NessJobs.com Site other than the search engine and search agents available from the Company on such NessJobs.com Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any NessJobs.com Site.

Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any NessJobs.com Site.

Framing of or linking to any of the Web Site Content or information available from any NessJobs.com Site.

User Information.

When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). 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, email 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 based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Policy for further details regarding your Information.

User Submissions

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using any NessJobs.com Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company acts as a passive conduit 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. 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.

By submitting content to any public or non-public area of any NessJobs.com, including message boards, forums, contests and chat rooms, 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.

Any hyperlinks contained in a job posting submitted by Customer will be disabled when such job posting is posted on a NessJobs.com Site.

We appreciate hearing from our customers and welcome your comments regarding our services and the NessJobs.com Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.

Registration and Password.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

The Company’s Liability.

NessJobs.com Sites are only a venue. This Web Site acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes 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. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pre-tenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site and/or the other NessJobs.com Sites.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on any NessJobs.com Site, 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.

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site and/or the other NessJobs.com Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mis-labeled or deceptively labeled.

We expect that you will use caution and common sense when using this Web Site and/or the other NessJobs.com Sites.

The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any NessJobs.com Site or the Web Site Content. The use of NessJobs.com Sites and the Web Site Content is at your own risk. Changes are periodically made to NessJobs.com Sites and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the NessJobs.com Sites. Employers are solely responsible for their postings on NessJobs.com.

The Company is not to be considered to be an employer with respect to your use of any NessJobs.com and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any NessJobs.com Site.

THE COMPANY DOES NOT WARRANT THAT ANY NessJobs.com SITE WILL OPERATE ERROR-FREE OR THAT ANY NessJobs.com SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY NessJobs.com SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE NessJobs.com SITES AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY LOCALCAREERS.COM 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 ANY NessJobs.com 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.

Links to Other Sites.

The Web Site and certain other NessJobs.com Sites contain 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.

No Resale or Unauthorised Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorised commercial use of any NessJobs.com Site.

Limitation of Liability.

The aggregate liability for the Company to you for all claims arising from the use of the Materials on any NessJobs.com Site is limited to £100.

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 postings from this Web Site and the other NessJobs.com Sites and immediate termination of your registration with or ability to access this Web Site and the other NessJobs.com Sites 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 or other NessJobs.com Site registration.

Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your 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.

General.

The Company makes no claims that the Materials may be lawfully viewed or accessed outside of the UK. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the UK, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the laws of Scotland, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of Scotland. 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 Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Site Terms and Conditions

This agreement defines the terms under which NessJobs.com, operated by Ness Enterprises Ltd and the company listed in this agreement (“Member”) enters into a recruitment advertising agreement for the NessJobs.com web site (“The Site”).

1. Services. This agreement, including any exhibits, schedules and attachments (collectively the “Agreement”), is between your company/organisation (“Client”) and NessJobs.com. (“NessJobs.com”). NessJobs.com operates a network of online employment and resume database website (the “Site”). This Agreement contains terms and conditions applicable to the products and services (“Services”) provided by NessJobs.com to Client pursuant to the order (the “Order”) you submitted. Client shall use all Services provided hereunder solely for its own internal business purposes and shall not resell or transfer to any third party any Service. As part of the Services, Client consents to receive emails regarding updates and announcements of NessJobs.com services, Site enhancements, and occasional special offers.

2. Term and Termination. The term (“Term”) of this Agreement will begin on the date Client submits the Order (the “Effective Date”), and will end upon (i) the expiration of one year from the Effective Date or (ii) the expiration of the latest duration set forth in the Order. This Agreement may not be terminated by either party, except as specifically stated in this Agreement. If Client breaches any provision of this Agreement or the Site’s Terms of Use NessJobs.com may immediately suspend all Client passwords and access codes until the breach is cured and if applicable, immediately remove any violative/offensive or inappropriate job postings. If Client’s breach is capable of being cured, Client will have ten (10) days to cure such breach to NessJobs.com’s reasonable satisfaction in order to have passwords and access codes restored. If such breach is incapable of being cured or is not cured by Client within the ten (10) day period, NessJobs.com may: (a) terminate this Agreement and/or (b) pursue all other available remedies to enforce this Agreement and obtain payment of Fees (as defined below) due. If Client has committed two (2) breaches of the terms of this Agreement or the Site’s Terms of Use which have subsequently been cured, upon any additional breach by Client, NessJobs.com may immediately without further notice to Client and without refund of any Fees paid terminate the Agreement. If this Agreement is terminated for Client’s uncured breach or for Client’s multiple breaches of this Agreement whether cured or uncured NessJobs.com may accelerate all fees for Services and collect all of its costs and legal fees related to the termination.

Either party may immediately terminate this Agreement if the other party (i) applies for or consents to the appointment of a receiver, trustee, or liquidator of it or its assets, (ii) makes a general assignment for the benefit of creditors, (iii) has a petition seeking bankruptcy, reorganisation or similar relief filed against it (which, if involuntary, is not stayed or dismissed within ninety (90) days of filing), or (iv) materially breaches this Agreement which breach is not cured within ten (10) days of notice thereof. NessJobs.com may terminate the Agreement upon notice if Client fails to meet credit requirements established NessJobs.com from time to time. Client’s breach of this Agreement shall constitute a breach of any other agreement between NessJobs.com and Client or Client’s affiliates.

4. RenewalFollowing the completion of this term, Member can continue to post jobs individually, select another posting package online or a sign a new agreement. If jobs are posted individually or a new package is extended online it will be under the same terms and conditions of this agreement.

5. Payment. If payment is made by invoice, all amounts payable by Client for the Services (“Fees”) are due within thirty (30) days after delivery of the NessJobs.com invoice without deduction or setoff NessJobs.com may, at its option, charge Client interest of 3% per month and collection charges on any Fees not paid when due. Client will be responsible for the payment of any present or future sales, use, excise or other similar tax (excluding taxes based on NessJobs.com’s net income) applicable to the Services. Fees paid for Services are non-refundable. NessJobs.com does not offer a cancellation policy. By posting a single job you agree to pay the full Service fee. NessJobs.com does not refund or credit time for postings that were posted on Site for less than 28 days. Client can set duration for a posting for less than 28 days however the charge is still full price per posting.

4. Services. (a) Job Postings. If set forth in the Order, NessJobs.com will permit Client to post jobs on NessJobs.com in accordance with the terms of this Agreement and the Site’s Terms of Use. Any hyperlinks contained in a job posting submitted by Client will be disabled when such job posting is posted on a Site, unless otherwise set forth in the Order. Job postings purchased hereunder (i) have a scheduled run of sixty (28) days, and (ii) must be posted during the Term, after which all job postings purchased hereunder expire. The terms and conditions of this Agreement shall apply to all job postings posted hereunder for the duration of their scheduled run. Any (1) re-activation of a deleted or expired job posting, (2) refreshing or renewing of any job posting, (3) change in the job code of a job, or (4) change in location where a job is based (including a change of town), constitutes use of an additional job posting.

NessJobs.com offers Unlimited Job Postings Services. Clients are not allowed to job clone, whereby the same job is posted in regular intervals to gain top position in jobs database. NessJobs.com reserves the right to remove these postings.(b) Resume Database. If set forth on the Order, NessJobs.com will permit Client access to the Site’s resume database (“Resume Database”) which is a private databases for use by individual users under the direct control of Client (“Resume Users”). The Site Resume Database access license (“Resume Database License”) represents a single Resume User license and each license allows a single Resume User to access a Resume Database through one unique password based on the terms of the resume access package identified in the Order (each a “Resume Access Package”). Resume Access Packages vary according to (i) the geographic segment(s) of the Resume Database accessible by a Resume User., and (ii) number of Resume Views. A Resume View occurs in a number of instances, including when as a result of a Resume User’s search of a Resume Database, a resume is either opened and closed or is opened and moved to a folder. If Client (including any of Client’s employees or agents) is found to share passwords to any Resume Database or private area of the Site with any non-licensed user, such sharing will be a breach of this Agreement and NessJobs.com shall have the remedies set forth in Section 2. Client agrees to notify NessJobs.com promptly after the departure of any person to whom a password was provided and NessJobs.com reserves the right to cancel such password and issue a replacement password. NessJobs.com reserves the right to periodically change issued passwords. The Resume Database License may not be used to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of Client’s or a third party’s products or services. For purposes of this Agreement, recruitment agencies, staffing agencies, advertising agencies and all other agencies (other than Client, if applicable) cannot be licensed Resume Users. The Resume Database License may also not be used to source candidates or to contact job seekers or resume holders, in regards to any home-based business opportunities, fee-based business opportunities or franchise opportunities.

5. Ownership. Subject to the next sentence, the contents of NessJobs.com and all other Site (including without limitation all job postings and all resumes), and all elements which are a part of or incorporated in (or constitute a collection or compilation of) any of the foregoing, and all intellectual and other proprietary rights therein are and shall at all times remain the property of NessJobs.com. Notwithstanding the prior sentence, as between NessJobs.com and Client, any job postings placed by Client on the Site and all intellectual and other proprietary rights therein are and shall at all times remain Client’s property.

6. Terms of Use. Client acknowledges that it and its employees and agents must comply with the Terms of Use. To the extent there is any inconsistency between the Site’s Terms of Use described above in this paragraph and the terms of this Agreement, the terms of this Agreement will control.

7. No Warranties. NessJobs.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO ITS SERVICES OR THE SITE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF ITS SERVICES OR THE SITE.

8. Indemnification. Each party (each, in such capacity, the “Indemnifying Party”) shall indemnify the other party, its affiliates and their respective officers, directors, employees and agents (each, in such capacity, an “Indemnified Party” and, collectively, the “Indemnified Parties”), from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from (i) a breach by the Indemnifying Party of this Agreement or of any representation, warranty, covenant or agreement contained herein, (ii) the provision of any material to NessJobs.com or any other Site by or on behalf of the Indemnifying Party, including but not limited to claims of infringement of third party intellectual property rights. For purposes of the foregoing indemnity, the parties acknowledge that the following items shall not constitute material provided to NessJobs.com or any other Site by or on behalf of NessJobs.com: all job postings and listings, all resumes, all chat room submissions, all forum submissions and all materials submitted by or on behalf of Client to NessJobs.com or any other Site. The Indemnifying Party’s obligations hereunder will only apply if the Indemnified Party notifies the Indemnifying Party promptly in writing as to any such claim, action or demand and gives the Indemnifying Party the right to control and direct the investigation, preparation, defense, trial and settlement of each such claim, action or demand. The Indemnified Party shall reasonably cooperate with the Indemnifying Party in the defense and/or settlement of any such claim, action or demand. Notwithstanding the foregoing sentence, the Indemnifying Party shall not settle any claim, action or demand without the written consent of the Indemnified Party, such consent not to be unreasonably withheld.

9. Limitation of Liability. Notwithstanding anything to the contrary contained in this agreement (including the order), except for the obligations of an indemnifying part under section 8 to the extent arising or resulting solely from a third-party claim of infringement of such third party's intellectual property rights, but without in any way limiting client's payment obligations under this agreement, (a) no party will be liable to any other party (nor to any person claiming rights derived from the other party's right(s) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind - including lost revenues or profits, loss of business or lose of data - arising out of or in connection with this agreement or the services provided hereunder (including without limitation as a result of any breach of any warranty or other term of this agreement), regardless of whether the party liable or allegedly was advised, had other reason to know, or in fact knew of the possibility thereof, and (b) NessJobs.com 's maximum liability arising out of or in connection with this agreement, any product, service provided hereunder or the site, regardless of cause of action (whether in contract, tort, breach of warrant or otherwise) , will not exceed the amount paid by Client to NessJobs.com during the term hereof.

10. Navigation/Search Engines; No Modification. Notwithstanding anything to the contrary contained herein, Client shall not use and shall cause each party under Client’s control (including but not limited to its Resume Users) not to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, avatars or intelligent agents) to navigate or search NessJobs.com or any other Site other than the search engine and search agents available from NessJobs.com on NessJobs.com or such other Site, as the case may be, except for generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Client shall not and shall cause each party under Client’s control (including but not limited to its Resume Users) not to, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of NessJobs.com or any other Site.

11. Miscellaneous. Client agrees with respect to its use of the Services to comply with all applicable local, national and international laws, including but not limited to laws relating to labour and employment data privacy, data access and use, and intellectual property. Without limiting the foregoing, Client agrees to comply with all laws relating to equal employment opportunity and employment eligibility requirements and acknowledge that job postings may not require UK citizenship or lawful permanent residence in the UK as a condition of employment, unless otherwise required in order to comply with law or current legislation. Each party to this Agreement shall be acting as an independent contractor, and nothing herein shall be construed to create a partnership, joint venture or any type of agency relationship between NessJobs.com and Client or any of Client’s employees or agents. This Agreement, which may be executed in counterparts, contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written), and cannot be amended or waived except by a writing signed by all of the parties. Neither party may assign this Agreement, in whole or in part, by operation of law, merger, asset or stock sale or transfer, or otherwise, without the prior written consent of the other party. No party has relied on any representation or warranty of any other party not expressly set forth in this Agreement. No failure or delay on the part of any party in exercising any right or remedy provided in this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of or failure to exercise any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy under this Agreement. This Agreement shall be construed in accordance with the laws of Scotland, without reference to the conflicts of laws principles thereof. The terms of Sections 2, 3 and 5 through 12, inclusive shall survive any expiration or termination of this Agreement. Each party’s performance under this Agreement is subject to force majeure. All notices given hereunder shall be given by first class post, return receipt requested, overnight courier or facsimile transmission, to the respective address or facsimile numbers set forth below, and shall be deemed given upon actual delivery thereof.

12. Non-Traditional Client Provisions. (a) If Client is an entity that posts career fair opportunities, work-at-home opportunities or job postings that request an up-front fee, Client agrees (i) to purchase NessJobs.com’s Custom Apply Online service at NessJobs.com’s current rate-card rate, (ii) that no links will be contained in its job postings other than the Apply Online link and that there will be no links back to Client’s web site, (iii) that it will post legitimate job opportunities and agrees that the jobs posted are for specific, legitimate job opportunities that exist for available jobs, (iv) that all job postings and Client website(s) will clearly and explicitly describe any up-front fees that users will have to pay for any service, (v) to publish verifiable and in-service contact information on its web site (i.e. functioning email address and phone number), (vi) not to copy any job description or other content of any other Client of NessJobs.com, (vii) that job seekers will not be charged a fee to view or apply to the specific opportunity, (viii) an email address will be included for resume submissions for a specific job opportunity, (ix) that job postings will not reference other postings that may be available by becoming a member of Client’s web site, (x) to provide NessJobs.com with the name and email address of the person responsible for curing of breaches of these terms and of the Agreement, and (xi) to post all jobs for work-at-home opportunities or job postings that request an up-front fee solely in the “Business Opportunity" categories. In the event a work opportunity listing is placed in other categories. NessJobs.com reserves the right to re-categorise the job posting.(b) In addition, if Client is an entity that requests an up-front fee, Client agrees to display and adhere to a real and reasonable refund policy, for users who are not satisfied with such services. The refund policy must provide for, and Client must adhere to, at least (i) a 100% unconditional refund policy for all job seekers for 30 days after date of purchase (i.e., receipt of funds), (ii) the ability to request refund via email and telephone, (iii) live support via telephone and email requests to receive a response not later than the end of the business day following the day of such request, (iv) a refund policy, with specific refund guidelines, must be made visible (via link to the policy or direct text) to the job seeker before a committed purchase is capable of being made, and (v) refund rules may not include posting a resume or delivery of any other material as a condition of receiving a refund. (c) NessJobs.com reserves the right to screen Client’s postings at any time and from time to time to ensure compliance with this Section 12.