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Terms And Conditions - Purchasing

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General

The following definitions apply:
"Client" mean(s) the company, firm or organisation which has set up an account with AIM Apprenticeships in order to use the Services.
"Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.
"Order Confirmation" means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of orders via the AIM Apprenticeships sales team, the form signed by the Client confirming details and pricing of the Services ordered by the Client

The following Services are available from AIM Apprenticeships:

1. Standard apprenticeship Postings: A service whereby the Client's apprenticeship postings will be posted on the AIM website, and will receive their own personalized account area.

2. Premium apprenticeship Postings: A service whereby clients apprenticeship postings, are emailed to potential applicants in addition to website advertisement space.

3. Premium+ apprenticeship Postings: A service whereby clients apprenticeship postings, will be given greater prominence in apprenticeship listings.

4. Headhunting+ listings:

5. The Client will receive a minimum of 6 applications or CVs to each job posting for which this Service is ordered. In order to achieve this, AIM Apprenticeships will do one or more of the following: give relevant job postings greater prominence in job search results, job alert emails and job listings; feature relevant job postings in Featured Jobs pages/spaces; email details of relevant vacancies to the 20 candidates who best match the criteria set by the Client.

6. A legally binding contract between AIM Apprenticeships and the Client comprising these Terms and the Order Confirmation will come into effect when (i) in the case of online orders, the screen confirming successful purchase of Services appears on the Website or (ii) in the case of orders via the AIM Apprenticeships sales team, AIM Apprenticeships has received the Client's completed Order Confirmation.

7. AIM Apprenticeships shall perform the Services using information and criteria supplied by the Client. It is the Client's responsibility to provide accurate and up to date information

8. The Client undertakes not to submit for inclusion in any job posting, its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect AIM Apprenticeships or AIM Apprenticeships reputation

9. Other than services paid for online, AIM Apprenticeships shall issue an invoice to the Client on formation of contract as set out in clause 4 above, and in the case of subscription Services, at agreed intervals in advance thereafter. The Client shall pay AIM Apprenticeships invoices in full within 14 days from the date of invoice. In the event of late payment, AIM Apprenticeships may suspend any or all of the Services until payment is received. In the event that the Client fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), AIM Apprenticeships may terminate the Services and all outstanding invoices shall become payable immediately. In the case of subscription Services, the fees in respect of any outstanding minimum term shall also become payable immediately. For the avoidance of doubt, the Client shall remain liable for payment of all agreed Services notwithstanding such Services have been suspended or terminated under this clause 7. Without prejudice to any other remedy, AIM Apprenticeships reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.

10. Online payment services will be carried out by Sagepay and Paypal. Online card payments shall be subject to Sagepay’s terms and conditions and online payments via Paypal shall be subject to Paypal's terms and conditions.

11. Once a contract has been formed, AIM Apprenticeships cannot accept any cancellation of the agreed Services: No refunds will be given and outstanding invoices shall remain payable. Without prejudice to the foregoing:
(i) Subscription Services are for a minimum term of 12 months unless otherwise agreed with AIM Apprenticeships. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable. AIM Apprenticeships may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.

12. AIM Apprenticeships reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.

13. Without prejudice to any other remedy, AIM Apprenticeships may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if AIM Apprenticeships has reasonable grounds to believe that the Client cannot or will not pay its debts.

14. AIM Apprenticeships reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:
1. the Client has not provided full or accurate contact or company information;
2. AIM Apprenticeships considers the Client is acting inappropriately or illegally;
3. the Client is using the Website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site;
4. the Client fails AIM Apprenticeships credit checking process, or defaults on payment;
5. the Client resells job postings without the express permission of AIM Apprenticeships

15. The Client agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.

16. All intellectual property rights connected with the Services and/or the Website shall remain vested in AIM Apprenticeships or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.

17. AIM Apprenticeships cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results. For the avoidance of doubt, no Service is guaranteed to result in a placement.

18. AIM Apprenticeships shall not be in breach of these Terms if events beyond its reasonable control prevent AIM Apprenticeships from performing the Services.

19. It is the Client's responsibility to protect their computers against any viruses and malware.

20. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between AIM Apprenticeships and the Client. The Client acknowledges that it has not relied on any representation made by AIM Apprenticeships in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.

21. In the event that the Client makes a claim against AIM Apprenticeships for whatever reason, AIM Apprenticeships liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall AIM Apprenticeships be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude AIM Apprenticeship’s liability for death or personal injury by negligence or any other liability, which cannot by law be excluded.

22. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.

23. From time to time AIM Apprenticeships will contact Clients in order to evaluate the service they receive.

24. The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Job Postings

25. By submitting a vacancy to the Website, the Client is authorising AIM Apprenticeships to post such vacancy and submit candidates ranked by AIM Apprenticeships in accordance with the Client's criteria (if any).

26. The Client is responsible for the content of the vacancy and will indemnify AIM Apprenticeships against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.

27. The Client shall include in the job description the following information:

28. Any qualifications and/or authorisations required by law or any or by any relevant professional body:

29. If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or

30. Where the Client is an employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.

31. The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.

32. All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job posting are the responsibility of the Client, and AIM Apprenticeships accepts no liability whatsoever therewith. The Client will indemnify AIM Apprenticeships against any Losses in connection therewith.

33. The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998 and the Equality Act 2010. By submitting a vacancy to the Website, the Client thereby confirms that the content of the vacancy complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at:
http://www.equalityhumanrights.com/legal-and-policy/equality-act/equality-act-codes-of-practice/
The Client shall indemnify AIM Apprenticeships against any Losses in connection therewith.

34. The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on AIM Apprenticeships site, communications with applicants and management of applicants' details. The Client shall indemnify AIM Apprenticeships against any Losses in connection therewith.

35. The Client accepts responsibility for any detriment, which it may suffer, or incur in respect of the engagement of an applicant and shall hold AIM Apprenticeships harmless against any Losses in connection therewith. The Client shall use all reasonable endeavors to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.

36. AIM Apprenticeships reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason.

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