1 Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Member” means any member of the public visiting www.bfrss.org.uk / https://bfrsonline.com/ and associated websites, social platforms of BFRS.
“Websites” means www.bfrss.org.uk / https://bfrsonline.com/;
“CRM” means the client relationship management services to be obtained from BFRS and provided to the Partner;
“Partner” means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which makes a booking with BFRS;
“BFRS” means Forces Resettlement Services CIC;
“Reservation” means the notification made by the Partner that they wish to advertise. This notification is subject to these Terms and Conditions;
“Package” means the advertisement reserved by the Partner;
2 Basis of Supply of Services
2.1 BFRS will not commence the provision of Services pursuant to any Order until the signed contract has been returned to us.
2.2 BFRS will use reasonable care and skill in providing the website and CRM in respect of the Package.
2.3 BFRS will endeavour to market the website in various manners throughout the dates of the package and subsequently carry out aftercare in accordance with the T&Cs.
3.1 All prices stated by BFRS, unless specially stated otherwise, are exclusive of VAT which, where applicable, will be separately charged at the appropriate rate.
3.2 Packages will be the package stated according to your booking form, it will not include anything else unless you include options as per the booking form and your preferences.
3.3 Package prices are guaranteed for the period stated on the Contract. Prices are confidential and may not be disclosed by the Customer to any third party.
4.1 The Partner shall make a reservation either by telephone or in writing and such reservation shall provide the full details of the Partner and the specific package requested and contact details.
4.2 BFRS will provide confirmation of the reservation and an invoice to the Partner within 7 days of receipt of a reservation.
4.3 The Partner shall pay to BFRS the fee as stated on the invoice payment schedule otherwise the BFRS may cancel the reservation.
4.4 The reservation will only be considered as accepted by BFRS once the fee has been paid.
4.5 Payment may be made (in sterling) by cheque or via BACS or Card (quoting the issued reference number). Any charges raised against us by your bank for handling dishonoured cheques, bank transfers or with any other payments will be passed on to you and you will be liable to reimburse us in respect of such charges within seven days.
Cheques should be made payable to Forces Resettlement Services CIC. It is possible to bank transfer direct into our account to the following details:
Bank – Barclays Bank Plc
Account Name – Forces Resettlement Services CIC
Account Number – 93551253
Code – 20-49-11
5 Variation and Amendments
5.1 If the Partner wishes to vary any details of the reservation, it must notify BFRS in writing as soon as possible. BFRS shall endeavour to make any required changes and charge any additional reservation fee to the Partner which shall be subject to the payment terms set out in Clause 4.
5.2 If, due to circumstances beyond BFRS’s control, it has to make any change in the arrangements relating to the reservation, it shall notify the Partner forthwith. BFRS shall endeavour to keep such changes to a minimum and shall seek to offer the Partner arrangements as close to the original as it reasonably possible in the circumstances.
6.1 BFRS may sub-contract the performance of any of its obligations under these Terms and Condition without the prior written consent of the Partner. Where BFRS sub-contracts the performance of any of its obligation under these Terms and Conditions to any person, BFRS shall be responsible for the acts or omissions of the sub-contractor(s) as if it were an act or omission of BFRS itself.
7 Cancellations and Termination
7.1 If the Partner wishes to cancel the reservation they may do so at any time by written notice to BFRS Centenary Business Centre, Hammond Close, Nuneaton, CV11 6RY provided that:
7.1.1 The cancellation is received within 14 days of the booking date.
7.1.2 Termination by the partner after the 14 day point and before the end of the contract term will require the partner to make immediate payment in full, of any outstanding amount.
7.1.3 termination by the Partner before the end of the Contract Term may, at our discretion, result in loss of discounts agreed for the entire Contract Term.
7.1.4 any additional costs reasonably incurred by BFRS in cancelling any arrangements connected with the reservation shall be paid by the Partner on demand but shall not exceed the original reservation fee.
7.2 BFRS may cancel forthwith any reservation at any time if:
7.2.1 the Partner is in breach of any of its obligations hereunder;
7.2.2 the Partner has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets;
7.2.3 the Partner has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986;
7.2.4 the Partner ceases or threatens to cease to carry on business; or
7.2.5 any circumstances whatsoever beyond the reasonable control of BFRS (including but not limited to the cancellation, through no fault of BFRS, of the website) necessitate the cancellation for whatever reason of the website.
8 Usage of the Package
8.1 BFRS shall at the earliest possibility provide to the Partner all relevant information as to the package and its accessibility for the Partner and provide a BFRS Online User Guide.
8.2 The Partner and the Partner’s servant’s agents and employees shall be given access to website for the purposes of setting up and running the Package.
8.3 The Partner shall keep the Package clean tidy and free of obstruction and shall follow all reasonable instructions from BFRS and venue owner in respect of maintenance of the Package before and during the event including any issues arising from Health and Safety concerns.
9 Regulations of Websites
9.1 The Partner and organiser shall be subject to the rules and regulations of the website.
9.2 Where it considers expedient BFRS shall publish to all Partners further regulations at the soonest opportunity and shall be only in respect of improving the website a reduce inconvenience to Partners and Members.
9.3 The Partner shall register under its company’s official registered name and represent only that company. No other subsidiaries, sub-contractors or employers are permitted to display promotional material unless specifically agreed with BFRS prior to the reservation.
9.4 We have rules regarding the content and format of jobs/courses posted on BFRS. Their purpose is to ensure that users who search the site or the BFRS database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from BFRS any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly:
9.4.1 No jobs are to be posted for third party organisations.
9.4.2 No gratuitous use of keywords in job descriptions or job titles. Gratuitous means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
9.4.3 Job advertisements placed on BFRS must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.
9.4.4 URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and url linking is permitted from the 'apply online' link
9.5 Illegal Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by BFRS on the basis that the advertiser confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if we nonetheless believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from BFRS without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.
9.6 You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring BFRS into disrepute. You will indemnify us from and against any claim brought by an individual against BFRS arising from your breach of this obligation or any other of these terms and conditions.
9.7 We do not guarantee any response to your advertisement or that responses 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.
9.8 If your advertisement links to another site via our external apply online option, you are responsible for maintaining the links and for the content of your advertisement and the linked site. We may remove from BFRS any advertisement which contains content or links to a site which, in our opinion, is defamatory, illegal or objectionable or will bring BFRS into disrepute. You will indemnify us from and against any claims or liability arising from content or links contained in your advertisements.
9.9 Vacancies you post on BFRS may also appear on third party recruitment web sites.
9.10 Passwords are for the sole use of the person to whom they are issued. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is breaching these terms and conditions.
10 Partner Supplied Content
10.1 These terms and conditions apply to all advertising campaigns ('Campaigns') and other material accepted by BFRS for display on our web sites. By placing 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.
10.2 We must receive the complete creative content for a Campaign in acceptable format at least two working days before the go-live date specified in your order. Otherwise, we may not be able to achieve the specified go-live date but you may still be required to pay the full amount set out in the order irrespective of whether any delivery target for impressions have been met.
10.3 You are responsible for the content of material supplied by you and for ensuring that you havethe right to supply it to us and that it complies with all relevant legislation and codes of practice. If we receive complaints about any material or its content we may, at our discretion, remove the material from display without reference or liability to you. 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.
10.4 You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which a Campaign relates and you will indemnify and hold us harmless accordingly.
10.5 Your sole remedy if we, or our third party subcontractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign is the cost of re-running the relevant 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 Campaign caused by circumstances outside our control.
11 Rights in the Database
11.1 Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to BFRS. 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.
11.2 The material you are entitled to receive from the candidate profile search facility is determined by the package you have purchased from us. On receipt of this material you may:
11.2.1 Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through BFRS depending on the product you have purchased) in relation to a specific job vacancy.
11.2.2 Use the information only in connection with your own recruitment-related activities.
11.3 You may NOT:
11.3.1 Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.
11.3.2 Download the database through any automated (e.g. "scraping") process.
11.3.3 Contact the individuals on the database or make or allow any use of the information about those individuals, 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.
11.4 You agree to delete all material from the candidate database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first.
11.5 You agree to deal fairly and professionally with individuals you may contact using informationfrom the candidate database and not do anything which may bring BFRS into disrepute. You will indemnify BFRS from and against any claim brought by an individual against BFRS arising from your breach of this obligation or any other of these terms and conditions.
12 Employment Agencies and Employment Business Regulations 2003
12.1 jobseekers, employers and recruiters need to be aware that the 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:
12.1.1 obtain sufficient information for potential recruiters to select a suitable work-seeker for the position which the recruiter seeks to fill;
12.1.2 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;
12.1.3 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;
12.1.4 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;
12.1.5 give any indication to recruiters whether work-seekers are unsuitable (or suitable) for any position to be filled in any circumstances;
12.1.6 Propose work-seekers to recruiters or provide any information about them.
12.1.7 Take up any references in relation to a work-seeker; or make any arrangements for accommodation of work-seekers
13.1 If the Partner has reason to complain whilst in the contract term, it should contact BFRS promptly via any staff member of BFRS to allow BFRS an opportunity to rectify the matter.
13.2 If a problem is not resolved to the Partner’s reasonable satisfaction during the contract term, it has the option to put its comments in writing to BFRS within fourteen days of the initial complaint.
14.1 The Partner shall carry out its own public liability insurance.
15 Liability and Indemnity
15.1 If BFRS breaches the agreement by not using reasonable care and skill and this breach can be remedied BFRS will remedy it at no extra cost to the Partner. If the breach cannot be remedied BFRS will refund the Partner any money paid.
15.2 Where an reservation is cancelled or terminated due to reasons which are within BFRS’s reasonable control BFRS shall refund to the Partner any monies received.
15.3 The Partner shall indemnify BFRS against all damages, costs, claims and expenses suffered by it arising from loss or damage to any equipment (including that of third parties) caused by the Partner, its servants, agents or employees.
16 Force Majeure
16.1 Neither party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, Governmental action or any other event that is beyond the control of the party in question.
17.1 No waiver by BFRS of any breach of these Terms and Conditions by the Partner shall beconsidered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which it is given.
17.2 No failure or delay on the part of any party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
18.1 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
19.1 BFRS reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the event management services. BFRS reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
19.2 The Partner will grant BFRS the temporary right to publish the Partner’s company name and logo on websites, promotional materials and in third-party publications specifically relevant to this event in order to further promote the event and in post-event articles.
19.3 BFRS may use photographs or film footage taken at the event in publicity and marketing materials, including use on BFRS’s website. The Partner’s attendance at the event may mean that itis featured in such media and the Partner is deemed not to object. If the Partner does not wish to be included in any photograph or footage, it shall notify BFRS prior to the photographs or footage being taken.
20 Law and Jurisdiction
20.1 These Terms and Conditions shall be governed by the laws of England and Wales.
20.2 Any dispute relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.