Terms & Conditions

Terms and Conditions - RIBA Appointments Job Board

RIBA Appointments is a trading name of RIBA Enterprises Ltd. Registered Office: The Old Post Office, St Nicholas Street, Newcastle upon Tyne, NE1 1RH. Registered in England 978271. VAT number: GB 232 3518 91.

All orders accepted and services provided are subject to the following terms, conditions and definitions.

Definitions

Advertisement: means the advert submitted to be displayed on www.ribaappointments.com

Additional Services: means services provided in addition to or instead of the Service.  The Additional Services available at any one time are listed on www.ribaasppointments.com

Candidate: means a person who responds to an Advertisement.

Commencement Date: means the date on which the Service commences.

Contract: means the agreement between RIBAE and the Customer for the provision of the Service and/or the Additional Service in accordance with these Conditions.

Customer: means the purchaser of the Service and/or Additional Service.

Customer’s Content: means the text and images supplied by the Customer for the Advertisement.

Fee: means the amount payable for the Service and/or Additional Service.

RIBA: means the Royal Institute of British Architects registered under company number RC000484 and whose registered office is at 66 Portland Place, London W1B 1AD.

RIBAE: means RIBA Enterprises Limited registered in England and Wales with company number 978271 and whose registered office is at The Old Post Office, St. Nicholas Street, Newcastle upon Tyne, NE1 1RH.

Service: means the provision of the Advertisement on the www.ribaappointments.com website.

Term: means the duration of the Contract, which, for the Service, is a period of one calendar month.  If the term commences on, for example, 11 March it will terminate on 11 April.

1.  General

1.1  The Customer shall acquire no rights to the www.ribaappointments.com website under this Contract at any time during the Contract, or at any time thereafter.

1.2  RIBAE is not responsible for the Customer’s Content or the Advertisement.

1.3  Subject to clause 1.5 below, all Advertisements will be live on www.ribaappointments.com for the Term.

1.4  If required the Advertisement can be removed by the Customer or at the Customer’s request prior to the expiration of the Term.

1.5  All Fees payable by the Customer are listed on www.ribaappointments.com

1.6  All Fees payable by the Customer must be paid in full before the Service or Additional Service will be provided.

1.7  The Service and Additional Services do not include any employment agency services.

1.8  RIBAE does not guarantee that jobs advertised on www.ribaappointments.com will be filled as a result of any Advertisement, nor does RIBAE guarantee that any responses will be received to an Advertisement.

1.9  RIBAE will endeavour to correct any disruption to the website www.ribaappointments.com at the earliest convenience.  No liability is accepted by RIBAE for any losses or delay arising from disruption caused to www.ribaappointments.com, irrespective of the cause of that disruption.

2.  Content

2.1  The Customer shall supply the Customer’s Content, to enable RIBAE to perform the Service.

2.2  The text of the Customer’s Content and any logo or additional image (if required) must be supplied in accordance with the specification set out on www.ribaappointments.com

2.3  Each Advertisement may only contain one job description, for one job vacancy.

2.4  Advertisements for unpaid or expenses-only internships are not permitted on www.ribaappointments.com

2.5  RIBAE may, upon request from the Customer and at its discretion, make minor changes to the Advertisement once live on www.ribaappointments.com.  Any such minor changes will be made within a reasonable timeframe. RIBAE reserves the right to refuse any changes which are not deemed as reasonable and/or which would have been rejected in accordance with clause 5.2 had they been included in the Advertisement when first submitted to RIBAE.

2.6  RIBAE reserves the right to remove any Customer Content or Advertisement at its sole discretion at any time.

2.7  RIBAE will use the Customer’s Content and other information supplied by the Customer or a Candidate to provide the Service and/or Additional Services.  That use will include, amongst other things, processing and storing information (including, without limitation, sensitive personal data) and passing or making available online such information to prospective employers, Customers and/or Candidates.  RIBAE may collect and aggregate data from the information supplied by Customers and Candidates to improve the services provided via www.ribaappointments.com.   RIBAE may also share information obtained via the operation of RIBA Appointments with other operations within RIBAE.  Customers and Candidates consent to use of information provided in these ways.

3.  Obligations of the Customer

3.1  The Customer will create and maintain an account and username on www.ribaappointments.com.

A Customer who is a limited company may create one company account with multiple users (Company Account) provided those users are identified and managed accurately by the Customer on the ‘Company Account Management’ page of www.ribaappointments.com.

3.2  The Customer is solely responsible for the security and proper use of the Customer’s password and accepts responsibility for the actions and/or omissions of any and all individuals associated with the Customer and/or the Company Account who make use of the Customer’s username and password to access the Customer’s account on www.ribaappointments.com, including users accessing a Company Account.  The Customer warrants that any such users accept and will adhere to these Terms and Conditions and any other applicable policies.

3.3  The Customer must notify RIBAE immediately if the Customer becomes aware of any misuse or otherwise unauthorised use of the Customer’s username and/or password and/or Company Account.

3.4  All Advertisements must be placed using the online submission form on the ‘Advertise a Job’ page of www.ribaappointments.com.

3.5  All mandatory information and Customer Content must be provided by the Customer.

3.6  The Customer is solely responsible for the Customer’s Content supplied, including where some or all of the information has been provided to the Customer by a third party, and for ensuring that information provided within the Customer’s Content is true, accurate, up to date and not misleading, discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the intellectual property rights of any person in any jurisdiction. 

3.7  The Customer is also responsible for ensuring that all Customer Content submitted to www.ribaappointments.com is free of viruses or any other source of damage or interference with any system or data associated with www.ribaappointments.com.

4.  Obligations of the Candidate

4.1 By responding to an Advertisement on www.ribaappointments.com, the Candidate accepts these Terms & Conditions and the Privacy Policy on www.ribaapointments.com.

4.2 The Candidate agrees to be contacted by the Customer and/or RIBA and/or RIBAE.

5.  Obligations and Rights of RIBAE

5.1  Provided the Customer’s Content and the Advertisement have been reviewed and deemed acceptable to RIBAE, RIBAE will supply an approval notification by email, within a reasonable timeframe, to the Customer.

5.2  RIBAE reserves the right to reject an Advertisement and/or to request permission to edit the Customer’s Content or the Advertisement or to request that the Customer re-submits any Advertisement which is deemed unacceptable by RIBAE.  This may include but is not limited to refusal as a result of the Customer’s breach of current employment law regulations. In the event that an Advertisement is deemed unacceptable or refused for any reason, RIBAE will supply the Customer with a refusal notification by email, within a reasonable timeframe

5.3  RIBAE will notify the Customer by email once the Advertisement has been published, commencing the Term.

5.4  RIBAE will provide the Customer with any responses received to an Advertisement via www.ribaappointments.com.  The responses will be sent to the Customer in accordance with the preferred method (by email, via the ‘My Account’ page on www.ribaappointments.com and/or in hard copy) chosen by the Customer at the point of setting up the Customer’s account.

6.  Customers who are Employment Agencies (as defined by section 13(2) of the Employment Agencies Act 1973 (or any subsequent legislation amending that Act)

6.1  Employment Agencies may set up a Company Account and make use of www.ribaappointments.com as a Customer by purchasing the Service and/or any Additional Service provided they comply with the Contract.

6.2  Employment Agencies may also purchase credits (Agency Credits) in order to have multiple Advertisements for different jobs featured on www.ribaappointments.com at any one time.

6.3  Any Customer wishing to purchase Agency Credits must contact RIBAE at jobboard@ribaapointments.com for further details and terms.

7.  Additional Services

7.1  Customers may purchase one or more of the following Additional Services via www.ribaappointments.com for a Fee, as set out on www.ribaappointments.com:

7.1.1  Headline Job – in addition to receiving the Service, for the duration of the Term, the Customer’s Advertisement will be fixed at the top of the search results for the job category or categories relevant to the job featured in the Advertisement.

7.1.2  Homepage Feature Job – in addition to receiving the Service, the Customer’s Advertisement will, for the duration of the Term:

7.1.2.1  appear on the www.ribaappointments.com ‘Job Seeker’s Homepage’; and

7.1.2.2  be highlighted in the list of search results for the job category or categories relevant to the job featured in the Advertisement.

7.1.3  Targeted Job Email – at any stage during the Term up to five Advertisements submitted by the Customer will be included within one email sent by RIBA Appointments to a group of Candidates identified using criteria specified in advance by the Customer.  That email will include a link to the Advertisement on www.ribaappointments.com for each of the jobs referred to in the email.

7.1.4  Homepage Featured Recruiter – an aspect of the Customer’s Content, such as a logo, as specified by the Customer will be featured on the Job Seeker Homepage on www.ribaappointments.com, accompanied where appropriate by links to the Customer’s Recruiter Homepage on www.ribaappointments.com.

7.1.5  Jobs by email:  Logo – a part of the Customer’s Content provided, such as the Customer’s logo, as specified by the Customer will be included at the end of the weekly newsletter sent to Candidates by email by RIBA Appointments.

7.1.6  Social Media Promotion – a link to the Advertisement will be publicised once via one of the social media platforms (Twitter, LinkedIn or Facebook) used by RIBA Appointments.  The Customer must state their preferred social media platform upon purchase of this Additional Service.

7.2  Where Additional Services are purchased and/or amended offline and not via www.ribaappointments.com the additional terms applicable to the provision and purchase of those Additional Services will be agreed between RIBAE and the Customer before purchase of the Additional Service.

7.3  RIBAE reserves the right to add, remove, supplement or otherwise amend any Additional Service at its discretion.

8.  Payment

8.1  The Customer agrees to pay the Fee in full at the point of purchase of the Service or Additional Service.  No Service or Additional Service will be provided by RIBAE unless payment of the Fee has been received in full. If any amount is overdue, RIBAE reserves the right to charge interest and late payment compensation in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 or such other similar legislation as may be enacted from time to time.

8.2  Upon making payment of the Fee in full the Customer will receive an invoice from RIBAE

8.3  The Fee as listed on www.ribaappointments.com is exclusive of VAT, which shall be added to all invoices at the rate prevailing at the date of invoice.

8.4  Subject to clause 9.4, the Fee paid to RIBAE for the Service is non-refundable.  If an Advertisement is removed from RIBA Appointments or an Additional Service  is ceased at the request of the Customer or for any other reason before expiration of the Term the whole Fee remains payable and will not be refunded to the Customer, in whole or in part.

8.5  Any discount to which the Customer is entitled must be applied at the point of payment and will not be retrospectively applied.

9.  Cancellation and Refunds

9.1  The Customer may cancel the Contract at any time by written notice to RIBAE, including by email to jobboard@ribaappointments.com.

9.2  The Customer shall in any event remain liable to pay to RIBAE the full Fee applicable for the Service and/or any Additional Service purchased and will not receive any partial or whole refund.

9.3  Upon cancellation of the Contract RIBAE will remove the Advertisement within a reasonable timeframe.

9.4  If RIBAE refuses to publish an Advertisement, the Fee paid to RIBAE for the Service will be refunded.

10.  Intellectual Property Rights (IPR)

10.1  Except for any IPR in the Customer Content, all IPR in or arising out of or in connection with www.ribaapointments.com, the Service and the Additional Services is and shall remain the exclusive property of RIBAE.

10.2  The Customer acknowledges that, in respect of any third party IPR in the Customer Content and/or Advertisement, RIBAE’s use of any such IPR is conditional on the Customer obtaining a written licence from the relevant third party on such terms as will entitle the Customer to license such rights to RIBAE.

10.3  RIBAE and the Customer acknowledge as follows;

10.3.1  all rights in www.ribaappointments.com, including any goodwill associated with it, shall be the sole and exclusive property of RIBAE, and  the Customer shall not acquire any rights in www.ribaappointments.com, nor in any developments or variations of it; and

10.3.2  all rights in the Customer's Content, including any goodwill associated with it, shall be the sole and exclusive property of the Customer and RIBAE shall not acquire any rights in the Customer's Content, including any developments or variations of it.

10.4  The Customer hereby grants to RIBAE a royalty-free, non-exclusive, non-transferable licence during the Term of the Contract to use the Customer’s Content and any Customer names, logos or trademarks supplied to RIBAE to the extent necessary for performing the Services in accordance with this agreement. RIBAE shall not use the licensed materials for any other purpose.

10.5  Subject to the Customer obtaining the relevant written licence from the relevant licensor as set out in clause 10.2, the Customer hereby grants to RIBAE a royalty-free, non-exclusive, non-transferable licence during the Contract to use the licenced third party marks, names, logos or trademarks solely to the extent necessary for performing the Service and Additional Services in accordance with this agreement. RIBAE shall not use the third party licensed materials for any other purpose.

10.6  The Customer warrants that:

10.6.1  Save for any third party IPR licensed in accordance with clause 10.2 above, it is the sole legal and beneficial owner of, and owns all the rights and interests in, the Customer’s Content; and

10.6.2  all the Customer’s Content and the rights associated therewith are valid and subsisting and there are and have been no claims, challenges, disputes or proceedings, pending or threatened, in relation to the ownership, validity or use of any of the Customer’s Content; and

10.6.3  so far as it is aware, use of the Customer’s Content or, where applicable, any third party’s marks, names, logos or trademarks under the terms of any licence granted to the Customer will not infringe the rights of any third party.

10.7  The Customer shall indemnify RIBAE against any and all damages, costs, losses and/or expenses arising as a result of any action or claim that a third party’s IPR have been infringed by the Advertisement and/or the Customer’s Content.

11.  Liability THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

11.1  Nothing in these Conditions shall limit or exclude RIBAE’s liability for:

11.1.1  death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

11.1.2  fraud or fraudulent misrepresentation; or

11.1.3  breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

11.2  Subject to clause 11.1:

11.2.1  RIBAE shall under no circumstances whatever be liable to the Customer or the Candidate, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract, including the provision of the Service and Additional Services;

11.2.2  RIBAE shall under no circumstances whatever be liable to the Customer, the Candidate or any third party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any damage or loss caused by the Customer and/or the Advertisement and/or Customer’s Content or conduct; and

11.2.3  RIBAE’s total liability to the Customer in respect of all and any other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Fee actually paid by the Customer under the Contract.

11.3  The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

11.4  This clause 11 shall survive termination of the Contract.

12.  Force Majeure

12.1  For the purposes of the Contract, Force Majeure Event means an event beyond the reasonable control of RIBAE including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of RIBAE or any other party), failure of a utility service, a public or private telecommunications network or a transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

12.2  RIBAE shall not be liable to the Candidate or the Customer as a result of any delay or failure to perform its obligations under the Contract as a result of a Force Majeure Event.

12.3  If the Force Majeure Event prevents RIBAE from providing the Service or any Additional Service for more than twelve weeks, RIBAE shall, without limiting its other rights or remedies, have the right to terminate the Contract immediately by giving written notice to the Customer.

13.  General

13.1  RIBAE reserves the right to change or update these Terms and Conditions and the other policies governing the use of www.ribaappointments.com at any point in time.

13.2  Entire Agreement - These Terms and Conditions form the entire agreement between the parties on its subject matter and supersedes all previous agreements, arrangements, representations (other than fraudulent misrepresentations) or understandings between RIBAE and the Customer and/or the Candidate, in each case, whether written, arising from custom or oral.

13.3   Assignment and other dealings - RIBAE may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

13.4  The Customer shall not, without the prior written consent of RIBAE, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.

13.5  Notices - Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause (including the provisions in clause 9.1 above), and, save where notice is given in accordance with clause 9.1 above, shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax.

13.6  A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 13.5; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax, one Business Day after transmission. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13.7  Severance - If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

13.8  If one party gives notice to the other of the possibility that any provision or part-provision of the Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

13.9  Waiver - A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

13.10  No partnership or agency - Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

13.11  Third parties - A person who is not a party to the Contract (including, for the avoidance of doubt, each of the Delegates) shall not have any rights to enforce its terms.

13.12  Variation - Except as set out in these Terms and Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by RIBAE.

13.13  Governing law - The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.

13.14  Jurisdiction - Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

January 2016