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Thank you! Terms and Conditions

Beta Advertising Limited trading as company number 09622640, registered office is at Peartree House, Bolham Lane, Retford, Nottinghamshire DN22 6SU (“CTJB”) is engaged in the business of providing advertising services.
Each time you access or use the services provided by CTJB‟s website https://www. (“the Website”), you agree to be bound by the terms and conditions set out on the Website.
The Website is intended to be used by potential employers (“Employers”) and job seeking candidates (“Job Seeker”), each of which will be directed to a number of job boards (“Clients”) following registration, logging in and entering their requirements on the Website.

Terms and Conditions applicable to Clients

The following terms and conditions are applicable to all Clients who use the services provided CTJB and the Website and which have been issued with an Insertion Order (as further defined below) by CTJB:
Definitions and Interpretation
In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
means the Client defined in the IO;
“Commencement Date”
means the commencement date of the Contact defined in the IO;
“Confidential Information”
means, in relation to either party, information which is disclosed to that party by the other party pursuant to, or in connection with, the Contract (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
means an IO incorporating (and, to the extent expressed in such IO, varying) these terms and conditions;
means the consideration payable to CTJB for the Services as defined in Clause 5;
“Intellectual Property Rights”
means (a) any and all rights in any patents, trade marks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and e-mail addresses, unregistered trade marks and service marks, copyrights, database rights, know-how, rights in designs and inventions;

(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);

(c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and

(d) the right to sue for past infringements of any of the foregoing rights;
“Insertion Order” or “IO”
means the order form which includes information which the Client must supply to CTJB to enable CTJB to carry out the Services and which includes the Maximum Budget;
“IO Duration”
means the period set out in the IO;
“Maximum Budget”
means the amount defined as such in the IO and which constitutes the maximum amount of Fees that CTJB is entitled to receive for its provision of the Services;
means the advertising services to be provided by CTJB as described in clause 4 of these terms and conditions;
Unless the context otherwise requires, each reference in the Contract to:
“writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
a clause or section is a reference to a clause of these terms and conditions or a sectionof the IO; and
a "party" or the "parties" refer to the parties to the Contract.
The headings used in the Contract are for convenience only and shall have no effect upon the interpretation of the Contract.
Words imparting the singular number shall include the plural and vice versa.
References to any gender shall include the other gender.
Insertion Order and Contract
In order to benefit from the Services, the Client will complete and issue an IO to CTJB.
These term and conditions shall apply to each IO, as may be varied in accordance with clause 2.3, and which together form the Contract.
The IO may vary these terms and conditions under the section in the IO headed „Variations to the CTJB terms and conditions‟ and, to the extent of any conflict between these terms and conditions and the IO, the terms of the IO shall have priority to the extent of such conflict.
The Client shall provide the IO to CTJB before it is entitled to benefit from the Services. In the event that the Client fails to deliver the IO, CTJB may at any time remove any access by the Client, or to the Client‟s information or Client‟s website, from the Website.
Subject to the terms of the Contract, including without limitation the provisions of clause 10, the Services shall continue to be provided by CTJB until the total Fees payable under the IO have reached the Maximum Budget.
Nature of Engagement
CTJB shall at all times be responsible for organising how and in what order the Services are performed.
The Services are non-exclusive and CTJB shall be entitled, at its own expense, to subcontract the performance of the Services.
The engagement and appointment of CTJB does not create any mutual obligations on the part of the Client or CTJB to offer or accept any further engagement and no continuing relationship shall be created or implied.
The Services
Upon receipt of a correctly completed IO from the Client, CTJB will provide the Services by including a link to the Client‟s name, information and website on the Website and which shall be made available to Job Seekers and Employers who have requirements that are potentially met by the Client‟s services.
The Client understands and acknowledges CTJB cannot provide any guarantee of any Job Seeker or Employer engaging the services of the Client.
CTJB accepts no responsibility for any detrimental effect which results from any activity of the Client or any third party including, but not limited to, alterations to the Client‟s website or services.
Fees and Payment
In consideration of the provision of the Services by CTJB, the Client shall pay the Fees set out in the IO for:
Employers who are seeking to hire one to five Job Seeker(s) and directly click through to the Client‟s information via the Website (“Employer’s PPC Fee”);
Employers who are seeking to hire more than fiveTer Job Seeker and provide information to CTJB by completing the relevant forms made available on the Website and subsequently engage the services of the Client (“Employer’s Introduction Fee”);
Job Seekers who access the Website and directly click through to the Client‟s information via the Website (“Job Seeker’s PPC Fee”);
Job Seekers who register with and engage the services of CTJB and who subsequently register their requirements with the Client (“Job Seeker’s CV Registration Fee”);
or in any other manner as set out in the IO.
Payment of all Fees due under the Contract shall be made within thirty (30) days of receipt by the Client of CTJB‟s invoice for the same.
All payments made under the Contract shall be expressly exclusive of any value added tax chargeable thereon. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
The Client shall keep accurate records and reports which provide correct and adequate details of each Job Seeker and Employer that registers and/or utilises the services of the Client as a result of the Services. The Client shall permit the duly appointed representatives of CTJB at all reasonable times to inspect and audit all such accounts and records and to take copies of them. If such inspection and audit reveals any discrepancies and inaccuracies that have resulted in the underpayment of Fees, the Client shall pay for the costs of such inspection and audit together with the amount of such underpaid Fees together with interest as set out in clause 5.3 from the due date that such Fees should have been paid within seven (7) days of CTJB‟s request for such payment.
Intellectual Property
CTJB shall use material provided by the Client in addition to its own material in performing the Services. The Client authorises and grants a non-exclusive, royalty free licence to CTJB to advertise its services, including links to the Client‟s website and other information and the right to use the Client‟s branding, logos, trademarks and Intellectual Property Rights on the Website.
The Intellectual Property Rights subsisting in material provided by the Client shall continue to vest in and be owned by the Client.
The Intellectual Property Rights subsisting in material provided by CTJB shall continue to vest in and be owned by CTJB.
Nothing in the Contract shall vest any rights in the Website in the Client.
Disclaimer and Limitation of Liability
CTJB‟s provision of the Services is provided on an “as is” and “as available” basis. CTJB, its affiliates and their licensors, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CTJB, nor its affiliates, or its or their licensors, make any warranty that (i) the Services or Website will meet the Client‟s requirements; (ii) the Services or access to the Website will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Services or Website will be accurate or reliable; or (iv) any errors in the Services or Website will be corrected.
Neither CTJB nor its affiliates, or its or their licensors, shall be liable for any direct, indirect, consequential, special, incidental or other damages incurred by the Client from the Services or use of the Website, whether based in contract, tort (including negligence) or otherwise.
In no event shall CTJB‟s aggregate liability exceed the amount of Fees due to CTJB as determined pursuant to the Contract.
Client’s Warranties and Indemnity
The Client represents, warrants, undertakes, and agrees with CTJB as follows:
the Client‟s Intellectual Property Rights shall be original to or otherwise owned by the Client and shall not infringe any copyright, other Intellectual Property Rights, moral rights, rights of privacy, rights of publicity, or any other rights whatsoever of any person;
the Client‟s website, information and other content made available via the Website will be accurate and will not contain anything illegal, fraudulent, misleading, defamatory, libellous, inappropriate or violate or encourage violation of any applicable laws;
the Client hereby undertakes to indemnify CTJB and keep CTJB all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision the legal costs of CTJB on a solicitor and own-client basis), awards, or damages howsoever arising – directly or indirectly – as a result of any breach or non-performance by the Client of any of the Client‟s undertakings, warranties, or obligations under the Contract.
Subject to any indemnification obligations set out in the Contract, the total liability of the Client under the Contract shall be limited to £1,000,000.00 (one million GB pounds).
CTJB and the Client shall at all times during the continuance of the Contract and five (5) years after its termination:
keep confidential all Confidential Information;
not disclose any Confidential Information to any other party;
not use any Confidential Information for any purpose other than as contemplated by the Contract;
not make any copies of, record in any way or part with possession of any Confidential Information; and
ensure that (as applicable) none of its directors, officers, employees, agents or advisers does any act which would be a breach of the provisions of this Clause 9.
Subject to sub-Clause 9.3, either CTJB or the Client respectively may disclose any Confidential Information to:
any of their sub-contractors, substitutes, or suppliers;
any governmental or other authority or regulatory body; or
any of their employees or officers or those of any party described in sub-Clauses 9.2.1 or 9.2.2;
Disclosure under sub-Clause 9.2 may be made only to the extent that is necessary for the purposes contemplated by the Contract, or as required by law. In each case the disclosing party must first inform the recipient that the Confidential Information is confidential. Unless the recipient is a body described in sub-Clause 9.2.2 or is an authorised employee or officer of such a body, the disclosing party must obtain and submit to the other party a written undertaking from the recipient to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made.
CTJB or the Client, as applicable, may use any Confidential Information for any purpose, or disclose it to any other party, where that Confidential Information is or becomes public knowledge through no fault of that party.
When using or disclosing Confidential Information under sub-Clause 9.4, the disclosing party must ensure that it does not disclose any part of that Confidential Information which is not public knowledge.
The provisions of this Clause 9 shall continue in force in accordance with their terms.
Term and Termination
Subject to its earlier termination, the Contract shall expire at the end of IO Duration unless extended by mutual written agreement of the parties.
The Contract shall terminate in the following circumstances:
immediately as a result of a breach of clause 8.1.1 or 8.1.2;
the Client fails to comply with the Contract and such failure, if capable of remedy, is not remedied within seven (7) of written notice of such failure;
a receiver is appointed of any of the property or assets of the Client;
the Client makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
the Client, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on the Client under the Contract);
anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the Client;
the Client ceases, or threatens to cease, to carry on business; or
control of the Client is acquired by any person or connected persons not having control of the Client on the date of the IO. For the purposes of this Clause 10, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
The termination of the Contract shall be without prejudice to any rights which have already accrued to either CTJB or the Client.
Nature of the Contract
The Client may not assign, mortgage, or charge (otherwise than by floating charge) or sub-license any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations the Contract, except with the written consent of CTJB.
The Contract contains the entire agreement with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of CTJB and the Client.
The Client acknowledges that, in entering into a Contract, it does not rely on any representation, warranty or other provision except as expressly provided in the Contract, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
No failure or delay in exercising a right under the Contract shall be deemed to be a waiver of that right, and no waiver of a breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
Severance In the event that one or more of the provisions of the Contract is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of the Contract. The remainder of the Contract shall be valid and enforceable.
All notices under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice.
Notices shall be deemed to have been duly given:
when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
on the tenth business day following mailing, if mailed by airmail, postage prepaid.
In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other party.
Law and Jurisdiction
The Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
Any dispute, controversy, proceedings or claim between the Parties relating to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales.
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