Terms and conditions of Advertising

By placing an Advertising Order with FMbyNET limited, you are accepting our terms and conditions. Your continued access to the FMbyNET website means that you accept the most current version of the terms and conditions.

1. Definitions

1.1 "Customer" means a company or person placing and Advertising Order on the FMbyNET website also referred to as ‘you’ or ‘your’

1.2 “Advertising Order” or “Order” means a request by a Customer to place an Advertisement on the FMbyNET website or to purchase Credits.

1.3 “Advert” or “Advertisement” means an Advert placed in any part of the FMbyNET website and/or any sponsor advertisement in any part of the FMbyNET website.

1.4 “Services” means the Adverts or other services that FMbyNET may offer from time to time.

1.5 “Credits” means units that can be purchased and then used to pay for training and recruitment adverts.

1.6 “Contract” means these terms and conditions as amended and notified to the Customer from time to time which shall apply to an Approved Order and which the Customer accepts as part of the process of placing an Order. A Contract is formed between us only when we notify you by e-mail that your Order has been accepted.

1.7 “Contract Term” means the period or minimum period of time that an Advert will remain listed on the FMbyNET website.

1.8 “FMbyNET” means FMbyNET Limited also referred to as ‘we’ or ‘us’ or ‘our’ in these terms and conditions.

1.9 “Day” means a calendar day

1.10 “Working Day” means a day (other than a Saturday or Sunday) on which banks are open for business in London, England.

1.11 “Normal Working Hours” means 9am to 5pm on a Working Day

1.12 “Force Majeure" means any cause affecting the performance by FMbyNET of meeting its obligations arising from (but not limited to) acts of God, governmental regulations, events, omissions, happenings or non-happenings fire, flood, earthquake, war (whether declared or not), act of terrorism, invasion, malicious damage, riot or civil commotion beyond its reasonable control.

1.13 “Approved Order” means an Order that has been accepted by FMbyNET for listing on the FMbyNET website.

1.14 “Price” means the monthly cost of the Advert or unit cost of Credits as detailed in Advert Rates within the User Administration section of the FMbyNET website.

1.15 “Advertising Period” means the Contract Term for an Advert

The headings in this terms and conditions are used for convenience only, and shall not contribute to, or affect the meaning or construction of the said clauses or the Contract.

Words importing the masculine gender include the feminine gender and vice versa.

Words in the singular include the plural and vice versa.

A reference to a condition, sub-condition, schedule or appendix is to a condition, sub-condition, schedule or appendix of or to this Contract. In the event of any conflict or inconsistency relating to such documents the following order of precedence will apply:-

Conditions

Schedule

Appendix

References in this Contract to any enactment, order, regulation or other similar instrument shall be construed as a reference to the enactment, order, regulation or instrument as amended by any subsequent enactment, order, regulation or instrument or as contained in any subsequent re-enactment thereof.

2. Orders & Payment

2.1 Each Order creates a separate Contract with you, which shall exist for the Contract Term relating to that Order. Each Order shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms and conditions from either party and supersedes all previous communications, representations and agreements, whether written or oral and constitutes the entire agreement between you and us.

2.2 All Orders are subject to our acceptance, which we endeavor to provide within 2 Working Days of your submission of an Advert for our approval, and we are entitled to refuse to accept any Order placed by you without the need to provide any reason. If an order is refused and you have a balance of Credits in your account you may request a refund of these in accordance with clause 5.

2.3 Once your Order has been approved for listing on the FMbyNET website we shall send you an electronic acknowledgement of your order (“an Order Acknowledgement”) which shall:

2.3.1 contain an acknowledgement of the Approved Order and its unique reference;

2.3.2 confirm the timescale applying to the listing of the Advert; and

2.3.3 confirm the Price or quantity of Credits applicable to the relevant Order.

2.4 If your Order is paid for with Credits then you will receive a Receipt of the transaction detailing the Credits used and if your Order is paid for in cash or a Standing Order is set up, then you will receive an invoice detailing the value of the Order.

2.5 You undertake that:

2.5.1 all of the details you provide to us for the purpose of purchasing Adverts and Credits on our web site are correct, and

2.5.2 the debit or credit card you use to make a purchase from us is your own card or your company's card and that you are authorised to use such.

2.5.3 there are sufficient funds or credit facilities to cover the cost of any Adverts or Credits you order from us.

2.5.4 if you have elected to be invoiced for the purchase of Credits or otherwise as we may agree with you from time to time, then you shall pay such invoices within 28 days of receipt of the invoice. For the avoidance of any doubt Credits will only be added to your account once payment has cleared in our bank account.

2.6 We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

2.7 FMbyNET may record and/or monitor inbound and outbound calls and electronic traffic for training purposes.

2.8 FMbyNET employs the SSL (Secure Socket Layer) encryption standard in all secure areas, including login pages, customer information and payment details and it is our intention to use all reasonable endeavors to keep your information safe. However, the security of any such information cannot be fully guaranteed and so, save where losses are directly attributable to the act or default of FMbyNET, we shall not be liable for any losses suffered by you in consequence of your transmitting such information electronically through this site.

3. Prices

3.1 Unless otherwise agreed between the parties, the Prices for advertising on the FMbyNET website are as follow:

3.1.1 Credits are sold in blocks of 5, 10, 25, and 50 at the rates detailed in Advert Rates within the User Administration section of the FMbyNET website. Credits may be used in the purchase of adverts in the Training and Recruitment sections of the FMbyNET website. Each Credit pays for one 30 day advert.

3.1.2 The costs for the purchase of Adverts in the training and recruitment sections of the site without the use of credits is detailed in Advert Rates within the User Administration section of the FMbyNET website.

3.1.3 The costs for advertising in the Supplier section of the FMbyNET website are detailed in Advert Rates within the User Administration section of the FMbyNET website.

3.1.4 The costs for Sponsor Advertising are detailed in Sponsor Rates within the User Administration section of the FMbyNET website.

3.1.5 Adverts and Credits will be invoiced at the rates detailed within the FMbyNET website.

3.1.6 Value Added Tax (VAT) or any other applicable tax shall be charged by us at the prevailing rate at the date of the invoice or when the Adverts are supplied to you, whichever shall be the earliest.

3.2 FMbyNET reserves the right to modify the Prices from time to time.

4 Advertising Period

4.1 The Contract Term varies depending on the type of advert purchased as follows:

4.1.1 Adverts in the training section can be placed for 30, 60 or 90 days. Adverts can be amended free of further charge until 15 days before the end of the chosen Advertising Period after which a further payment will be required to re-list an advert.

4.1.1.1 At any time during an Advertising Period you may Suspend an advert. This does not affect the expiry date of the Advert.

4.1.1.2 A Suspended Advert may be re-enabled at any time during the remainder of the Advertising Period.

4.1.1.3 At any time during an Advertising Period you may Delete an Advert. No refund will be made for any Deleted Adverts.

4.1.2 Adverts in the Recruitment section can be placed for 30, 60 or 90 days. Adverts can be amended free of further charge for the first half of the chosen advertising period after which a further payment will be required to re-list an advert.

4.1.2.1 At any time during an Advertising Period you may Suspend an advert. This does not affect the expiry date of the Advert.

4.1.2.2 A Suspended Advert may be re-enabled at any time during the remainder of the Advertising Period.

4.1.2.3 At any time during an Advertising Period you may Delete an Advert. No refund will be made for any Deleted Adverts.

4.1.3 Adverts in the Supplier section are for a minimum period of 12 months and will then continue on a month by month basis until cancelled with 30 days notice. The 30 day notice period can be notified to FMbyNET at any point after the first 11 months of the Contract. Adverts can be amended free of further charge at any point during the Advertising Period

4.1.3.1 At any time during an Advertising Period you may Suspend an advert. This does not affect the expiry date of the Advert.

4.1.3.2 A Suspended Advert may be re-enabled at any time during the remainder of the Advertising Period.

4.1.3.3 At any time during an Advertising Period you may Delete an Advert but you will continue to be charged for the remainder of the minimum period. Once outside of the minimum period, if an advert is Deleted, no further payment will be sought from you. Please note that if you are paying via a Standing Order, it is your responsibility to cancel further payments as we cannot do this on your behalf.

4.1.4 Sponsor Adverts are for a fixed period and at the rates agreed with FMbyNET.

4.2 When you edit an advert and seek to re-publish such, this is subject to our acceptance, which we endeavor to provide within 2 Working Days of your submission of an edited Advert for our approval. We are entitled to refuse to accept any Edited Advert submitted for re-publication by you without the need to provide any reason. If a request to re-publish an Advert is refused and you have a balance of Credits in your account you may request a refund of these in accordance with clause 5

5 Termination

5.1 You may cancel any advert in accordance with clause 4.

5.2 If you wish to terminate your account with FMbyNET then upon receipt of notice of such, we shall refund to you the cost of purchasing any unused Credits you have in your account. Any existing adverts will be subject to the provisions of clause 4.

5.3 We may terminate your account if:

5.3.1 there is a breach by you of any part of these terms and conditions which cannot be remedied or (if the breach is capable of remedy) which you have failed to remedy within fifteen (15) Working Days of receipt of written notice from us, giving particulars of the breach and requiring you to remedy the same,

5.3.2 you become insolvent, cease to trade or go into liquidation.

5.4 If we terminate your account we shall refund to you the cost of purchasing any unused Credits you have on your account. Any existing adverts will be subject to the provisions of clause 4.

6 Liability

6.1 FMbyNET shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct or indirect or consequential) which may be suffered or incurred by the Customer as a result of the Customer entering into any Contract for the provision of any Services we offer. For the avoidance of doubt, FMbyNET does not exclude liability for death or personal injury arising from its own negligence.

7 Employment agencies and employment businesses

7.1 By advertising on the FMbyNET website, you shall adhere to the following regulations which are extracts from the DTI website:

7.1.1 The Employment Agencies Act 1973 (as amended by the Employment Protection Act 1975 and the Deregulation and Contracting Out Act 1994) sets minimum standards of conduct for employment agencies and employment businesses operating from premises in Great Britain.

All employment agencies and employment businesses must comply with the provisions of the Act and the regulations made under it. The provisions are designed to protect the interests of job seekers and employers using employment agency or employment business services.

And

7.1.2 The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Regulations) govern the conduct of the private recruitment industry and establish a framework of minimum standards that clients, both work-seekers and hirers, are entitled to expect.

In addition to the Conduct Regulations, employment agencies and employment businesses and their staff should be aware of and comply with other relevant legislation, statutory codes and official guidance relating to, for example, equal opportunities, equal pay, health and safety, immigration, national minimum wage, working time and trade union membership.

8 Use of site

8.1 In advertising on the FMbyNET website you shall:

8.1.1 not duplicate another companies entry

8.1.2 not make gratuitous use of keywords in advert descriptions or job/course titles. For the avoidance of doubt you shall not deliberately insert words, strings of words, or repeating job titles, with the intention of influencing search results.

8.1.3 ensure that all advertisements placed on FMbyNET are genuine adverts, and not acting as a front for other products or services, including, but not limited to, affiliate schemes, pyramid selling schemes or any other misleading 'business opportunity'.

8.2 URLs and/or email links are only permitted in an Advert where there is a designated field for so doing in any of the advertising sections of the FMbyNET website.

9 Adverts

9.1 Adverts which we deem to be discriminatory on grounds of sex, race or disability are illegal and can result in proceedings being taken against both FMbyNET and you. If we believe that an advertisement is discriminatory we will remove it from FMbyNET and refund any amounts paid in respect of the advert and will inform you of our actions.

9.2 If your advertisement links to another site via an FMbyNET apply online option or via a website link, you are responsible for maintaining the links and for the content of your advertisement and the linked site.

9.3 We may remove any advertisement where we establish that it links to a site which, in our opinion, is, illegal, objectionable, defamatory or obscene. You will fully and without limitation indemnify FMbyNET from and against any claims or liability arising from content or links contained in your adverts.

10 Passwords

10.1 A password is for the sole use of the person to whom it was issued. FMbyNET may suspend access to a Customer account if we reasonably believe that it is being used by an unauthorised person or that the Customer is breaching these terms and conditions.

11 Intellectual Property

11.1 The intellectual property rights in all material displayed on this website are owned by FMbyNET. You may print or download extracts of the content of this website for your personal use and to assist you in your reasonable business activities. Any other use of material on this website is strictly forbidden. You may not copy or disseminate printed or downloaded information to other business or individuals who are not employed by your business. You will be liable for any damage or harm arising from any infringement of intellectual property rights, whether belonging to FMbyNET or any other third party advertising on the FMbyNET website, if that damage or harm arises from your acts, omissions or otherwise.

12 Links And Banners

12.1 FMbyNET makes no representations whatsoever about any other website which you may access through the FMbyNET website. When you access another website through the FMbyNET website, you understand that it is independent from FMbyNET, and that we have no control over the contents of that website. In addition, by allowing a link to another website, it does not mean that we endorse or accept any responsibility for the content or the use of that website.

13 Waiver of Terms

13.1 No failure or delay on the part of FMbyNET to exercise any right or remedy under this Contract shall be construed or operated as a waiver thereof nor shall any single or partial exercise of any right or remedy as the case may be. The rights and remedies provided in this Contract are cumulative and are not exclusive of any rights or remedies provided by law.

14 Force Majeure

14.1 FMbyNET shall not be liable for any breaches of its obligations resulting from Force Majeure howsoever caused. The operation of this Contract shall be suspended during the period (and only during the period) in which the cause of Force Majeure continues. Forthwith upon the cause ceasing to exist, FMbyNET shall give written advice to you of this fact.

15 Data Protection

15.1 We will only use your personal data in accordance with our Privacy Policy which can be found on the FMbyNET website.

16 Severability

16.1 If any term or condition of this Contract shall be held by a court of competent jurisdiction to be invalid or voidable, then such provision shall be struck out and the remainder thereof shall stand in full force and effect.

17 General

17.1 These terms and conditions shall constitute the entire agreement between the parties and supersedes any prior written or oral agreement between the parties provided by FMbyNET and the parties confirm that they have not entered into a Contract on the basis of any representations that are not expressly incorporated in these terms and conditions. This clause shall not operate to exclude liability for fraud.

17.2 No variation of these terms and conditions shall be effective unless contained in a written memorandum signed by the parties.

17.3 The Customer may not assign or subcontract or otherwise deal with any of its rights or obligations under these terms and conditions without the prior written consent of FMbyNET.

17.4 Nothing in this Contract confers or purports to confer on any third party any benefit or right to enforce any term of this Contract under the Contracts (Rights of Third Parties) Act 1999.

17.5 This Contract shall be governed by and construed in accordance with English law and both parties submit to the exclusive jurisdiction of the English courts.

17.6 Any notice under this Contract shall be in writing and given by sending the same by fax or first class letter to us or you at the last known addresses of both parties as detailed on this website. Notices shall take effect when they have been received by the receiving party as the case may be.