These Terms will apply to any contract or arrangement between us for the supply and use of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, prior to using any Services from us. Please note that by using any of our Services, you agree to be bound by these Terms. If you refuse to accept these Terms, you will not be able to access or use any of our Services. We amend these Terms from time to time as set out in clause 4 of these Terms. Every time you wish to use or access our Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st July 2021.
INFORMATION ABOUT US
1.1 We provide our services through our website www.astonjones.com and via email communication.
1.2 To contact us, please see our Contact Us page.
USE OF OUR SERVICES
2.2 Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
OUR RIGHT TO VARY THESE TERMS
4.1 We may revise these Terms from time to time in the following circumstances:
changes in how we accept payment from you; changes in relevant laws and regulatory requirements; or changes required to reflect additional services that we might offer at a future date or improvements or updates to our business model.
4.2 Every time you access or use Services from us, the Terms in force at that time will apply to the Contract between you and us.
USE OF ASTON JONES RECRUITMENT SERVICES
5.1 The CV sourcing services provided by Aston Jones may be used only by Direct Employers, for the sole purpose of employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information provided through our services for these purposes only and for no other personal or commercial purpose.
USE OF OUR CV RESOURCING RECRUITMENT SERVICES
6.1 As part of our CV resourcing service, we will conduct brief introductory telephone calls with potential candidates. The information we will gather includes: current employment status, salary expectations, availability for interviews and notice period. We do not:
6.2 Obtain reference and/or DBS checks for potential employers to select a suitable candidate for the position which the employer seeks to fill;
6.3 Obtain confirmation of the identity of a candidate or that they have the experience, training, qualifications or authorisation to work in the position to be filled;
6.4 Obtain confirmation of the medical history of a candidate or to assess their medical suitability to work in the position to be filled;
6.5 Take any steps to ensure the candidate and employer are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the candidate to fulfil the position to be filled.;
6.6 Our CV resourcing service is available for all roles with salaries paying up to £30,000 per annum and not greater, unless agreed in advance with one of the Directors of Aston Jones;
6.7 Upon each CV submission by us, you the employer will have full candidate ownership from the point of receipt.
7.1 If you stop using our services or your account is terminated, all account information relating to you, including job descriptions will be marked as deleted and may be deleted from our databases. Information may continue to be available for a transitional period of time only.
8.1 Aston Jones will search for and evaluate potential candidates against the job description we have been provided. We are not responsible for the accuracy of the CVs which have been created by the candidates.
8.2 Your use of our service is at your own risk. Changes are periodically made to our services and may be made at any time. We cannot guarantee and do not promise any specific results from the use of our site or the Services. No advice or information on the site creates any guarantee or warranty, not expressly stated in these Terms.
8.3 We encourage you to keep a back-up copy of any of your User Content. To the extent permitted by law, we shall exclude liability for the deletion, loss, or unauthorised changes to any User Content.
8.4 We not provide or make any representation or warranty as to the quality or nature of any of the third party products or services advertised or promoted by us.
EXCLUSION OF WARRANTY
9.1 Aston Jones does not warrant that our site or the services will operate error-free-or free of interruptions.
LIMITATION OF LIABILITY
10.1 Nothing in these Terms limits or excludes Aston Jones liability for:
10.1.1 death or personal injury caused by its negligence;
10.1.2 fraud or fraudulent misrepresentation; or
10.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
10.2 Subject to clause 10.1, Aston Jones shall not be liable, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
10.2.1 loss of profits;
10.2.2 loss of sales or business;
10.2.3 loss of agreements or contracts;
10.2.4 loss of anticipated savings;
10.2.5 loss of or damage to goodwill;
10.2.6 loss of use or corruption of software, data or information; or
10.2.7 any indirect or consequential loss.
10.3 Subject to clause 11.1 and clause 11.2, Aston Jones total liability, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to £50.00.
10.4 The terms implied by sections 5 to 10 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.
11.1 You agree to defend, indemnify and keep indemnified Aston Jones, its affiliates, and their officers, directors, employees and agents and contractors, from and against any losses, liabilities, claims, actions or demands, including without limitation reasonable legal costs arising directly or indirectly, from (i) any User Content or other material you provide or post to our site (ii) your use of our site, the Services or any content, or (iii) your breach of these Terms. Aston Jones shall provide notice to you promptly of any such claim, or proceeding.
TERM AND TERMINATION
12.1 These Terms will remain in full force and effect while you retain our services. Aston Jones reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from our site and immediate termination of your account and ability to access or use our site, upon any breach by you of these Terms or if Aston Jones is unable to verify or authenticate any information relating to you.
13.1 The Contract comprises the entire agreement between the parties relating to the subject matter covered and displaces any prior agreements, arrangements, written or oral, between the parties in relation to such matters.
13.2 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.
13.3 Nothing in the Contract shall be deemed to create any kind of joint venture between Aston Jones and any employer or other user of our Service.
13.4 No failure or delay by either party in exercising any of its rights or remedies under the Contract shall operate as a waiver of those rights or remedies. No waiver shall be actual unless in writing and shall apply only in reference to the matter in respect of which it was specifically given. No waiver of any breach of the Contract is a waiver of any subsequent or other breach.
13.5 Neither party shall be responsible for any interruption or non-performance under the Contract caused by any event beyond its reasonable control (a “Force Majeure Event”) provided that the party affected gives prompt notice in writing to the other party of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the Contract. If the Force Majeure Event continues for more than one month, the party not subject to the Force Majeure Event may terminate the Contract by notice in writing to the other party.
13.6 If any provision of the Contract is held to be illegal, void, invalid or unenforceable the legality, validity and enforceability of the remainder of the Contract shall not be affected.
13.7 Notifications under the Contract must be in writing and shall only be deemed to have been appropriately obliged if sent in the post via recorded delivery or emailed to the contact address of the party.
13.8 Aston Jones may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you promptly should this happen.
13.9 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.1 All prices are quoted exclusive of VAT. The invoice will be sent to the email address you provide as your accounts payable contact. The invoice will be due for payment in full upon commencement of service unless agreed otherwise. In the event of late payment, Aston Jones may terminate Services and all outstanding invoices will become payable immediately. In the case of contracts greater than one month duration, the fees in respect of the notice period shall also become payable immediately.
14.2 You, the Customer will remain liable for the payment of services as agreed in the Contract, notwithstanding such services have been suspended or terminated under this clause. In addition interest and fees will be payable on late payments in accordance with Late Payment of Commercial debts (Interest) Act 1998.
14.3 The first payment will be required via bank transfer prior to the commencement of our services. Subsequent payments thereafter will be required by either monthly Direct Debit or Standing Order payments for the remaining contractual term.
15 GOVERNING LAW AND JURISDICTION
15.1 This agreement 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.
15.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).