TERMS AND CONDITIONS OF USE OF PRIVATEEQUITYCAREERS.NET

Latest version posted 23 August 2007

Terms for recruiters

Terms for advertisers

General terms of use: everyone using the Site must read this

1. PrivateEquityCareers.net ["the Site"] is owned and operated by PEI Media Ltd of Sycamore House, Sycamore Street, London EC1Y 0SG ["the Company", "we" or "us"] and is made available to users ["you"] on the following terms and conditions. By using the Site and the services available on it you are deemed to accept all of these terms and conditions and any additional terms and conditions which apply to services and information provided by third parties.
2. The Company may revise these Terms and Conditions at any time by updating this page. You should therefore visit this page periodically to review the Terms and Conditions because they are binding to you.
3. You are reminded that the Site is just a venue, providing a conduit between employers, their advisors and prospective employees. You should not regard the Site or the Company as an employer with respect to your use of the Site and we shall not be responsible for any employment decisions, made for whatever reason, taken by any entity posting jobs on the Site or by anyone using the site to apply for an employment position. Whether a prospective employer or employee, you should always exercise caution and common sense in the recruitment process.
4. The contents of the Site and of all other websites under the Company's control [whether partial or otherwise] such as text, graphics, images, logos, button icons, software and other content are protected under UK, European, United States and other copyright, trademark and other laws. All Site content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of the Company and is protected by copyright laws. Unauthorised use of the Site content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Site content on any copy you make of the Site content. You must not sell or modify the Site content or reproduce, display, publicly perform, distribute or otherwise use the Site content in any way for any public or commercial purpose. The use of Site content on any other website or in a networked computer environment without the prior permission of the Company for any purpose is prohibited.
5. You shall not copy or adapt the HTML code that the Company creates to generate any Site content or the pages making up the Site.
6. You are prohibited from violating or attempting to violate the security of the Site including, without limitation, (1) accessing data not intended for such user access or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with the services provided to any user, host or network including, without limitation, the submitting of a virus to the Site, overloading, flooding, spamming, mail bombing or crashing the Site, or (4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
7. If you have a password allowing access to a non-public area of the Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose is prohibited. You must also not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, a part of the Site.
8. We do not give any warranty, guarantee or other assurance as to the operation, quality or functionality of the Site. Access to the Site may be interrupted, restricted or delayed for any reason. We try to ensure continuous availability of the Site and all the services available on it but accept no responsibility for the consequences of any interruptions or non-availability of the Site, however caused. We may also alter the design, functionality and accessibility of the Site at any time as we see fit.
9. We also do not give any warranty or other assurance as to any of the jobs or any other content appearing on the Site regarding their accuracy, completeness, timeliness or fitness for any particular purpose.
10. The information and services available on the Site are provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information from the Site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the Site.
11. All copyright, database rights and other intellectual property rights in the Site and the material available on the Site belong to the Company and/or its third party suppliers. Use of the Site does not give you any proprietary rights over any of these materials.
12. To the full extent permissible by law, the Company disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for business loss, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on the Site, or from any action or decision taken as a result of using the Site or any such material.
13. The Site contains links to external websites. We are not responsible for and have no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of the Company and we disclaim all responsibility and liability (including allegations of negligence) in relation to information on or accessible from the site.
14. Advertisers using the Site are responsible for ensuring that material submitted for inclusion on the Site complies with all relevant laws and regulations and the Company has no responsibility for any error, omission or inaccuracy in advertising material presented on the Site.
15. Job advertisements contained on the Site are provided by prospective employers and their agents and are not reviewed or approved by us. We accept no responsibility or liability for the contents of CVs or advertisements and expect candidates and prospective employers to carry out all necessary verification procedures as are customary and prudent in the circumstances. We offer no assurances or guarantees as to the suitability of either candidates or employers who use the Site. You should obtain independent verification before relying on information provided on the Site in circumstances which may result in loss or damage.
16. Services and information provided on the Site by us and third party suppliers are intended to assist in job seeking or recruitment. Neither we nor third party suppliers can guarantee the suitability of these services and information, nor can we guarantee the prospects of success in any particular case.
17. Our liability, and the liability of any third party suppliers to the Site, for any loss or damage suffered by you as the result of your use of this Site is limited to your actual direct damages and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss. As required by law, this exclusion does not extend to death or personal injury caused by our negligence.
18. When you register for the Site, you will be asked to provide us with certain information including, without limitation, a valid email address. In addition to the terms and conditions that are set forth in the privacy policy for the Site [LINK TO PRIVACY POLICY], you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. We will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is required. The Company reserves the right to offer third party services and products to you based on any preferences that you identify in your registration and at any time thereafter; such offers may be made by us or by third parties.
19. You need to pay for some of the services available on the Site and we ask that these be paid either by credit card or by invoice within 30 days if agreed in advance with your relationship manager at the Company. Our system will only charge your credit card when the product or service you have requested has been dispatched or made live on the Site. All charges are stated exclusive of value added tax and all other similar taxes and duties payable in respect of such payments. You shall pay at the time the payment becomes due an amount equal to the value added tax, as chargeable upon the total payable. If requested, we shall provide you with a value added tax invoice in respect of the payment. If you have difficulties with the above system, please contact our customer services team. You can reach them at maggy.a@peimedia.com or ring them on +44 207 566 5472
20. Nothing in these terms and conditions shall create or be deemed to create a partnership, joint venture or principal-agent relationship between us and you and neither party shall have authority to bind the other in any way unless expressly provided otherwise in a jointly signed contract [such as a booking or order form].
21. These terms and conditions shall be interpreted in accordance with English law and all disputes shall be decided by an English court.

Terms of use for recruiters: read this as well if you are using the Site to recruit

In the following sections these terms are used:

"Customer" means any person or company that purchases Services from us;

"Booking Form" means an order for Services on a form provided by us (in any format) and signed by a Customer;

"Services" means all recruitment related services made available by us to a Customer on the Site from time to time;

"Contract Month" means, in respect of any Booking Form relating to the provision of Services for a specified period, the calendar month commencing on the start date specified in the Booking Form and ending on the day before the same date in the next calendar month. To illustrate the calendar month commencing on 21 September would end on 20 October;

"Contract Term" means the full period specified in the Booking Form.

"Employment Position" means any temporary, part-time or permanent role that a Customer wants to advertise on the Site. Each individual role advertised represents one Employment Position.

1. If you are an employment agency or an employment business (as defined by the UK Employment Agencies Act 1973 ("the Act")) it is your responsibility to ensure that advertisements you place on the Site comply with your obligations under the Act and Conduct of Employment Agencies and Employment Businesses Regulations 2004. You agree to comply with the Act and these regulations as they affect the conduct of your business and the advertisements you place on the Site.
2. By submitting any Employment Position to post on the site , a Customer grants to us a royalty free, perpetual, irrevocable and non-exclusive right to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative works from this material. Customers should note that we reserve the right to make inactive or delete at any time and without prior notice any content submitted by the Customer either directly on to the Site or to us for posting on to the Site. Any receipt by us of any content from a Customer shall not be deemed to constitute an acceptance by us that such Content is provided in accordance with these terms nor does it constitute a waiver of our rights. In the event that we make inactive or delete any of a Customer's content we shall use reasonable endeavours, but are not obliged, to contact you in advance.
3. We also reserve the right to re-categorise the location of an Employment Position in the Site's database if we, in our sole discretion, consider it not to be located to maximum benefit. We also reserve the right to remove temporarily or permanently any content from a Customer which we, in our sole discretion, consider to be of an unsatisfactory standard for whatever reason.
4. The Company will not commence the provision of Services to a Customer until a completed Order Form has been returned to us, in a form approved by us and signed by the Customer.
5. The price of Services is guaranteed for the period stated on the Order Form. Prices are confidential and may not be disclosed by the Customer to any third party.
6. An Employment Position posted on the Site will remain live for a Contract Month or such shorter time as agreed with the Customer. Any extension of this time will be charged to the Customer as a new purchase of Services. Any Employment Positions posted that are in excess of the total number agreed in the Booking Form will be charged at a price agreed with the Customer at the time of the original Booking Form being agreed between the Customer and the Company. If no price has been negotiated, a flat fee of £475 per Employment Position will be charged for each job over the agreed number. A single Employment Position is identified by its unique ID number on the Site. If a Customer deletes an Employment Position and then either reposts it or posts another, this will be charged as two Employment Positions.
7. If any Services to be used within a time period specified on a Booking Form are not used within that period, they may not be carried over into any subsequent period without agreement by us. The Customer will pay for any unused Services on the standard terms of the Company.
8. All prices exclude VAT. All invoices are payable within 30 days from invoice date. Late payment will entitle us to suspend provision of Services immediately.
9. The Customer may terminate the provision of Services under any Booking Form by giving us no less than 30 days notice prior to the end of a Contract Month. The Customer will pay for any used or part used Contract Months up to the date of termination. We may terminate the provision of Services if:
10. the Customer is in material breach of these terms and conditions and has not remedied such breach within five working days of our giving notice specifying the breach and requiring that it be remedied, or:
11. the Customer becomes insolvent, ceases to trade or goes into liquidation.
12. Our total liability to the Customer in respect of any Services, except for death or personal injury caused by our negligence, is limited to the total amount paid to us during the Contract Term for such Services or £5,000, whichever is the greater.
13. We undertake to use all reasonable efforts to ensure that any advertisements for Employment Positions be visible on the site within 8 hours of payment confirmation being received by us during the working week. Any Employment Position advertisements submitted during weekends and holidays in the UK will be made visible as soon as possible on the next working day. Customers will be notified by email when their Employment Position advertisements are visible on the Site.
14. No advertisement posted on the site must discriminate on grounds of sex, race or disability and any advertisement which in our reasonable opinion and our absolute discretion does so discriminate will be removed. Such advertisements are illegal and may result in proceedings being taken against both the Customer and the Company. The Customer will ensure that all content submitted top the Site complies with all applicable laws including, but not limited to, the Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation Regulations) 2003 and Employment Equality (Age) Regulations 2006 and any other statutory or common law requirements relating to discrimination. You will also ensure that all Content complies with the minimum requirements set out in Regulation 27 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. If we believe that an advertisement may be discriminatory we may at our discretion ask the Customer to amend the advertisement at once or we may remove it immediately.
15. All advertisements that appear on the site must comply with the following rules that may change from time to time:

• Employment Position advertisements placed on the Site must be for genuine positions only, and not for other products or services or for affiliate schemes, pyramid selling schemes or any other business activity.
• Advertisements must not include the gratuitous use of keywords in job descriptions or job titles. This means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in search result, or increasing the number of page views.
• There must be no duplicating of jobs at the expense of other Customers' Employment Positions.
• URLs or email links (live or text only) are not permitted in the body copy of an Employment Position advertisement. Email links are permitted from the 'send an email' link and url linking is permitted from the 'apply online' link.

These rules are designed to enable all employers and employment agencies and all candidates to have equal access to all Employment Positions visible on the Site and that every advertisement is accurate, truthful and does not wilfully compromise another.

16. Where necessary, the Customer must have a valid notification under, and act according to all relevant requirements of the Data Protection Act 1998, and have and will comply with all relevant requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any guidance issued by the Information Commissioner in relation to obtaining, storing and use of personal data derived from viewers of the Site.
17. Customers agree to deal fairly and professionally with individuals who respond to any advertisement posted on the Site and undertake not deal with any applicants sourced from the Site in a manner that would reasonably be considered to bring the Site, the Company or any of its employees into disrepute. A Customer will indemnify us from any claim brought by any applicant relating to an Employment Position advertisement posted by this Customer on the Site totaljobs.com from a breach of this obligation or any other of these terms and conditions by the Customer.
18. We cannot guarantee any response to any Customer's advertisement or that responses will be from individuals suitable for the job advertised. It is the Customer's responsibility to carry out any checks and procedures necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics. We offer no assurances or guarantees as to the suitability of either candidates or employers who use the Site. You should obtain independent verification before relying on information provided on the Site in circumstances which may result in loss or damage.
19. It is a Customer's responsibility to ensure that they have the necessary hardware and software and are connected to the appropriate services to enable them to post advertisements on the Site.
20. If a Customer's advertisement links to another website, the Customer is responsible for maintaining these links and for the content of the advertisement on the Site and the linked website. We may remove from the site any advertisement which contains content or links to any website[s] which, in our reasonable opinion, is defamatory, illegal or offensive or will bring the Site, the Company or any of its employees into disrepute. The Customer will indemnify us against any claims or liability arising from content or links contained in the Customer's advertisement[s].
21. Customers should be aware that advertisements posted on the site may also appear on third party websites resulting from agreements made by us from time to time between the Site and the owners of these other websites. These agreements are the responsibility and decision of the Company only.

Terms of use for advertisers: read this as well if you are placing banner advertisements on the Site

1. Customers can also choose to place banner advertisements on the Site. The following terms and conditions apply to such advertising:
2. All banner advertisements require a signed order form supplied by a Company representative and detailing the term, nature and cost of the advertisement. This must be received five working days before the advertisement is intended to be visible on the Site.
3. We must receive the complete and finished creative content for an advertisement in acceptable format [see below] at least two working days before 9 am GMT on the go-live date specified in the order form.
4. All artwork must follow the specifications detailed below:

Gif or JPEG:

Dimensions (pixels)	Max. File Size	Max. Animation Length
125x75	20K	15 seconds
295x95	20K	15 seconds

Flash or other rich media:

We accept Flash, Java-script, HTML and other file types [ask your Site representative]. All expenses related to serving rich media ads will be the responsibility of the advertiser.

Dimensions (pixels)	Max. File Size	Max. Animation Length
125x75	30K	15 seconds
295x95	30K	15 seconds

1. Order cancellations must be sent by fax or email using the details supplied on the order form, at least two working days before the date specified for the advertisement to be live on the site. After that period no refunds can be given nor any guarantee be made that the advertisement [if already supplied] does not appear on the Site.
2. The Customer is responsible for the content of the advertisement[s] supplied and for ensuring that they comply with all relevant legislation and codes of practice. If we receive complaints about a Customer's advertisement[s] we may, at our absolute discretion, remove the relevant advertisement[s] from display on the Site without reference or liability to the Customer.
3. The Customer will indemnify the Company against any claim that the Customer's advertisement or its content infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive. If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place on the Site comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2004.
4. The Customer is also responsible for dealing with all orders and enquiries relating to the goods or services to which the advertisement relates. The Customer therefore indemnifies and holds us without any liability in relation to these fulfilment undertakings.
5. We will use all reasonable efforts to ensure the Customer's advertisement is launched on the Site on time and that we supply the Customer with everything specified in the order form. If we for whatever reason make an error in displaying any Customer advertisement then the sole redress available is the cost of running the relevant advertisement for the same period again. We shall not be liable in any circumstances for any loss of profit or business alleged to result from a failure to present the advertisement at the right time or the right way. We shall, additionally, have no liability for failure to display the advertisement caused by circumstances outside our control.

If any part of these terms shall be deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the remaining terms and shall not effect the validity and enforceability of any of these remaining parts of the Terms.

If you have any queries relating to these terms and conditions or need to communicate with us please contact:

The Site Manager, Private Equity Careers

PEI Media
Second Floor, Sycamore House
Sycamore Street
London EC1Y 0SG
United Kingdom

Email: info@peimedia.com