By placing an Order (defined below) with Power Sales Jobs LLC, You are agreeing to the following Terms. Please print and retain a copy of Your Order and these Terms and Conditions for Your records once You have submitted Your Order. These Terms and Conditions are not available in any other language than English.
In these Terms and Conditions the following terms shall have these meanings:
“the Advertisement” means the advertisement specified in Your Order;
“Confirmatory Email” means an email that We sends to You at the email address You provide in Your Order to confirm that Your Order has been placed, and (where relevant) to confirm that Your debit/credit card has been debited and Your Order accepted;
“Fee” means the fee payable by You for the Service calculated by reference to the criteria set out on the order page of the Site;
“Job Advertisement” means an advertisement that advertises the availability of a job or service contract on the Site;
“Order” means Your offer to take up the Service communicated by You to Us through the order page of the Site;
“Service” means the service whereby We post Your Advertisement on the Site upon the terms set out in Your Order and these Terms and Conditions;
“Username and Password“ means the unique username and password that enables You to place Orders;
“We”, “Our” refer to Distinction Software Limited; and
“You” means the person or entity named as Our client in the Order.
2. Your User Information
You undertake to: ensure that the information that We hold about You whenever an Order is placed is current, honest and accurate; keep Your log in credentials secure and not disclose them to any persons that are not authorized to place Orders on Your behalf; and remain responsible and liable to Us for all Orders placed using Your account.
3. Placing Orders
3.1 With any Order that You make We must receive full details of the Advertisement that you wish to place on the Site and all other criteria detailed on the order page of the Site.
3.2 Upon placing any Order You will be required to provide full credit/debit card details. If Your Order is accepted Us will send you a Confirmatory Email, Your credit/debit card will be debited for the Fee and the Service will commence. We reserve the right to refuse any Order that You place at Our discretion and will have no obligation to provide You with any reasons for so refusing. Please note that if We do not send You a Confirmatory Email you should not assume that your offer has been accepted.
3.3 You will be deemed to have accepted these Terms and Conditions and the general Terms and Conditions for use of the Website when You submit Your Order and no variation of these terms or conditions shall be effective unless agreed in writing by Us.
3.4 The prices payable for the Service are the prices set out in the Order in U.S. Dollars on the date of your Order. All prices are Exclusive of VAT.
4.1 If you are an employment agency or an employment business it is your responsibility to ensure that any Job Advertisements you place on the Site comply with your obligations. You agree to comply with the U.S. Laws and Regulations as they affect the conduct of Your business and the Job Advertisements that You place on the Site.
4.2 We have rules regarding the content and format of Job Advertisements whose purpose is to ensure that users who search the Site jobs 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 the Site or alter any Job 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.
The rules are:
* No duplicating of jobs at the expense of other clients’ jobs.
* 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.
* Job Advertisements placed must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment.
* 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.
4.3 Job Advertisements which appear to discriminate on grounds of age, sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. If We believe that a Job Advertisement may be discriminatory We may at Our discretion either amend the advertisement or remove it from the Site 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.
4.4 You agree to deal fairly and professionally with individuals who may respond to Job Advertisement that You have posted and We do not guarantee any response to your Advertisements 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.
4.5 Job Advertisements that You post may also appear on third party recruitment websites pursuant to agreements from time to time between Us and the proprietors of such websites.
5.Content of All Advertisements
5.1 All Advertisements must comply with the following terms and conditions:
You warrant to Us that any Advertisement is your own original work and that you own the copyright and any other relevant rights;
You warrant that any Advertisement that you submit and the language that you use in it is not obscene, abusive, hateful, obscene, offensive, defamatory of any person or otherwise illegal or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
You agree not to post any Advertisement which is deliberately intended to upset other users, to breach confidence, to compromise privacy or to process personal data in an unauthorized manner;
You agree not to post any Advertisement which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
You agree not to place within any Advertisement any links where those links take users to unlawful material or material that contravenes these terms;
You agree not to post any Advertisement which contravenes the relevant codes of conduct imposed by the Advertising Standards Authority;
You agree not to post, upload or otherwise transmit any Advertisement which:
1. infringes the rights of any person or which is unlawful in any other respect;
2. will compromise the privacy or data protection rights of any person; or
3. may bring Us into disrepute.
You agree not to use the Service for:
1. the posting, uploading, emailing or other transmission of any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate schemes”, or any other so called “business opportunity” or any other form of solicitation or commercial exploitation;
2. for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment.
5.3 You acknowledge that any breach of the terms/warranties given above may cause Us damage or loss and You agree to indemnify Us in full and permanently against any third party liabilities, claims, costs, loss or damage that it incurs as a result of publishing material that You submit to Us, including consequential losses.
5.4 We may publish and make available to the public by any means any Advertisement that you submit, post, upload, email or otherwise transmit to Us at Our sole discretion and We shall be entitled to make additions or deletions to any such material prior to publication.
5.5 If your Advertisement links to another website via our external apply online option or otherwise, You are responsible for maintaining the links and for the content of Your Advertisement and the linked website. We may remove from the Site any Advertisement which contains content or links to a website which, in Our opinion, is defamatory, illegal or objectionable or will bring Us into disrepute. You will indemnify Us from and against any claims or liability arising from the content of websites that are linked to from Your Advertisement.
5.6 We reserves the right to remove your Advertisements completely if We believe that you are abusing the Service in any way.
6.No Notification of Changes
We reserve the right to change, modify, remove or substitute without notice any information shown on the Site (including these Terms and Conditions) so You are advised to check the current prices listed on the Site and check these Terms and Conditions whenever Orders are placed.
7. Overseas Customers
7.1 As we are a US company, all charges shown on the Site are in U.S. Dollars. If You are placing an Order from overseas, Your card issuer may convert the charge into Your local currency.
7.2 The Site and these Terms and Conditions have been designed for use within the United States of America (USA). We will consider Orders from outside the United States, we give no warranty, express or implied, that the Site or the placing of any Order through the Site from outside the USA complies with any applicable non-USA laws or regulations. Accordingly, any services not permitted under Your local law are not offered to you. Furthermore, We reserve the right to refuse any Order at Our discretion from overseas customers and We will have no obligation to provide You with any reasons for refusing an Order.
8. Charges and refunds
8.1 When paying for an Advertisement, You agree to pay the entire balance (in U.S. Dollars) of Your account prior to the commencement of the Advertisement. You agree that payments will be made by check, credit/debit card or bank transfer.
8.2 When using any of our services, You agree to pay the entire balance (in U.S. Dollars) of Your account, or in accordance with the payment structure agreed with your account manager.
8.3 You acknowledge and agree that in the event of failure by You, or the person with whom responsibility lies for payment of such transactions, that We may terminate your account and cancel this agreement immediately. We may also pursue payment in a court of law.
8.4 Refunds cannot be provided if the Advertisement has gone live on Our Website.
8.5 All online payments are processed by our technology partners Authorize.Net or PayPal through a payment gateway and therefore the transaction that appears on your debit/credit card statement will show PowerSalesJobs or their names.
9.1 The terms and conditions of this agreement will continue unless terminated by You or Us, by notice in accordance with this section.
9.2 We reserve the right to terminate this agreement immediately, with no further obligation to You, upon the occurrence of any of the following events:
1. You fail to pay any amount due to Us in accordance with section 8.
2. You are an individual and are declared bankrupt or enter into any arrangement or compromise with Your creditors
3. You breach any of the terms and conditions of this agreement.
10.1 It is Your responsibility to ensure that you have the appropriate equipment and are connected to the appropriate services to enable you to post Advertisements to the Site.
10.2 Subject to Clause 10.3 below, We shall not be liable to You or any other third party claiming through You for indirect, incidental, special or consequential damages arising out of, or relating to this contract, Your Order and the Service whether framed as a breach of warranty, in tort, contract, failure of essential purpose, or otherwise. Subject to Clause 10.3 below in no event shall Our liability to You in relation to the Service exceed the Fee.
10.3 No clause in these Terms and Conditions shall serve to exclude or limit either party’s liability for fraudulent misrepresentation or death or personal injury arising out of negligence.
10.4 If You do not pay in accordance with these terms then We may, at Our option, rescind this Agreement and recover damages, or charge interest at the rate based on 22% APR.
10.5 Nothing in these terms and conditions constitutes a partnership or agency relationship or joint venture between parties.
10.6 Any agreement formed on these terms and conditions is personal to You. Nothing in these terms and conditions shall give a person who is not a party to this Agreement any right under the Contracts.
10.7 Our failure to exercise or enforce any of Our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
10.8 If You have any queries that You wish to address to use please contact Us by telephone on 818 597 0690 or by post at the address given on our website contact page.
10.9 Power Sales Jobs LLC is a company registered in California under California Secretary of State, last refreshed 11/4/2012 office. Questions regarding our filing should be directed to our legal partner at Patel Alumit A Professional Law Corporation.
State of Record: CA
State Reference ID: 200632310057
Federal Trademark 1389 78-922000
File Date: Friday, October 20, 2006
Filing Type: Domestic