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Friday 23rd June 2017
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TERMS AND CONDITIONS OF BUSINESS


DEFINITIONS

1 In these conditions the following terms shall have the following meanings.

'Company (or) (Party-A)'

means Hoteljobs.ie trading as Hotels Jobs Ireland.

(Party-B)'

means the customer of Hoteljobs.ie trading as Hotel Jobs Ireland.


'Contract'

means any contract for services rendered by Hoteljobs.ie trading as Hotel Jobs Ireland to the (Party-B).

'Services' (or) (subject matter)

means any services forming the subject of this contract including membership or individual advertisements of materials on the Hoteljobs.ie website incorporated in them.

'Price'

means the price as detailed in the Conditions of Business at Schedule 1

‘Payment of Fees’

means any payment due whether paid by credit card or guaranteed cheque, bank draft or postal order.

QUOTATION

2 Quotations by Hoteljobs.ie unless otherwise stated in them shall be open for acceptance within 30 days of the date of the quotation.

EXISTENCE OF CONTRACT

3.1 No Contract shall come into existence until accepted on the website by Party - B. Party-B's acceptance (however given) is accepted by the earliest of:

- Hoteljobs.ie's invoice and/or receipt of payment

3.2 These conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by the (Party-B).

3.3 Except as expressly provided for in this Contract no variation or amendment of this Contract or oral promise or commitment related to it shall be valid unless committed to in writing and signed by or on behalf of both (or) all parties.


PRICES

4.1 The Price for the membership and/or advertisement on the Hoteljobs.ie's website is ex-works and excludes VAT, and other taxes or duties. [The Price invoiced is calculated in respect of the quantity of (subject matter) actually delivered irrespective of the quantity in respect of which any quotation was issued.


4.2 Hoteljobs.ie shall have the right [in respect of any uncompleted portion of the Contract] to adjust its prices for any increase in [the price of labour, changes in work or delivery schedules or quantities or any other] costs of any kind arising for any reason after the date of the Contract.

4.3 Price changes shall take effect on the date of service on the customer of the notice of the change.

PAYMENT

5.1 All invoices are payable in euro prior to the commencement of the
advertisement and/or membership, and in no circumstances shall the (Party-B) be entitled to make any deduction or withhold payment for any reason at all.

5.2 All credit card payments made are processed by World Pay, Hoteljobs.ie does not have access to the credit card details of Party –B. Orders will be processed online immediately once payment has been confirmed to Hoteljobs.ie and Party-B’s access to the website will be granted and vacancy credits will be added to Party-B’s account for immediate use. (In the case of technical difficulties this procedure may take longer to process).

5.3 Hoteljobs.ie may cancel any order without notice to Party –B where the payment is more then 4 (four) weeks late. Without prejudice to any other rights of Hoteljobs.ie if the (Party-B)fails to pay the invoice price by the due date the (Party-B) shall not be permitted to access the Hoteljobs.ie website and not be permitted to avail of any advertisement on the website or avail of or purchase services on Hoteljobs.ie website.

5.4 Hoteljobs.ie reserve the right to review all information furnished by Party – B at a later date to ensure that all Conditions and terms of business have been met by Party –B. Should Hoteljobs.ie discover that the terms have not been met by Party –B, Hoteljobs.ie reserves the right to terminate the access to the website and to refund to Party –B any payment made, less credit card fees and administration fees due to Hoteljobs.ie.

RISK, DELIVERY AND PERFORMANCE

6.1 The Contract is deemed to be entered into when Hoteljobs.ie makes the website available to the (Party-B) or any agent of the (Party-B) or whoever pays its charges) at Hoteljobs.ie's website.

6.2 Hoteljobs.ie shall not be liable for any actions of an Employee
hired through Hoteljobs.ie’w website.

6.3 Hoteljobs.ie will not accept any advertisement which discriminates on the basis of race or gender or in any other way and in this regard Hoteljobs.ie reserves the right to change any word, phrases or terms, which may be deemed to be discriminatory. Party –B will be notified by Hoteljobs.ie prior to the amended advertisement being posted on the website. Should Party –B refuse to allow the advertisement to be amended, Hoteljobs.ie reserves the right to withdraw/exclude the advertisement from its website.


SCOPE OF CONTRACT

7.0 Under no circumstances shall Hoteljobs.ie have any liability of
whateverkind for:

7.1 any information lost due to technical difficulties either on the part of Hoteljobs.ie or on the part of the internet server.

7.2 the site not being accessible due to technical difficulties being experienced by Hoteljobs.ie or on the part of the internet server.

7.3 Hoteljobs.ie will not be held responsible for the failure of Party – B to fill any vacant position advertised on www.hoteljobs.ie.

7.4 any technical information, recommendations, statements or advice furnished by hoteljobs.ie, its servants or agents not given in writing in response to a specific written request from the (Party-B) before the Contract is made; or

7.5 Hoteljobs.ie, without notice to Party –B may suspend or cancel a membership should any of the within conditions be breached in any way by Party –B.

EXTENT OF LIABILITY

8.1 Hoteljobs.ie shall have no liability to the (Party-B) for any loss (including loss of profit or other economic loss (direct or indirect), indirect or consequential loss) or damage of any nature (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of Hoteljobs.ie or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract.
8.2 If the (Party-B) establishes that any advertisement placed on the website has not been approved by Party –B prior to being placed on the website and as such fails to reflect the position available correctly Hoteljobs.ie shall, at its discretion and without liability replace the advertisement with one which correctly reflects the position intended to be advertised.


8.3 Where Hoteljobs.ie is liable in accordance with this condition in respect of only some or part of the (subject matter) the Contract shall remain in full force and effect in respect of the other or other parts of the (subject matter) and no set-off or other claim shall be made by the (Party-B) against or in respect of such other or other parts of the (subject matter).

8.4 No claim against Hoteljobs.ie shall be entertained for any error made by Party –B in their advertisement, which results in he (Party-B) not being able to fill the vacancy advertised.

8.5 In no circumstances shall the liability of Hoteljobs.ie to the (Party-B) under this condition exceed the invoice value of the (subject matter).


GENERAL TERMS AND CONDITIONS RELATING TO INDIVIDUAL ADVERTISEMENTS / MEMBERSHIP


9.1 Party –B may withdraw any advertisement from the website at any time after the Contract date, however, no refund will be made or fees waived.

9.2 Membership will be for a period of 12 months (with the exception of seasonal membership or special contracts agreed in advance with Hoteljobs.ie), Party - B may renew the membership after this period by executing a further contract within 7 days prior to the termination of the existing contract.

9.3 Once membership has been contracted by Party –B, Hoteljobs.ie will assign a unique login name and password, which is to remain confidential and to be used in accordance with the terms and conditions of business/membership contained in the Contract. Party –B shall

- ensure and be responsible for the compliance by any third party with access to the login name and password with the terms and conditions of business/membership of the website.
- include in the sub-contract provisions consistent with these
- conditions for the benefit of and enforceable by hoteljobs.ie; and
- furnish hoteljobs.ie with details of any third party who has access to the login name and password.

9.4 Hoteljobs.ie may suspend or terminate the membership after 12 months and may remove any advertisement placed in the website by Party –B should Party –B not renew the membership within the period set out in Clause 13.3.

9.5 Membership to the website is restricted to the establishment who is named on the invoice. Should Party –B require any other affiliated establishments or groups to be advertised on the website, further memberships must be contracted and will be invoiced accordingly.

9.6 Access to the Curriculum Vitae database contained in the website will be restricted to the individual employed by Party -B named on the invoice and should other individuals require access to the database further memberships must be contracted.

CONFIDENTIALITY

10 Party-B shall not at any time whether before or after the termination of the Contract] lend access to the website or divulge or supply any curriculum vitas or applications downloaded/printed or emailed from the website to a third party/Persons not employed by Party –B’s establishment. Should Party –B be found to be in breach of this condition Hoteljobs.ie reserves the right to take whatever legal action it deems appropriate.

11 Hoteljobs.ie may, at any time, contact any person who has placed their curriculum vitae on the website to verify the number of employers who may have contacted them during the duration of their advertisement.


FORCE MAJEURE

12 Hoteljobs.ie shall not be liable for any failure in the performance of any of their obligations under this Contract
caused by factors outside Hoteljobs.ie’s control.

LAW AND JURISDICTION

13 This Contract shall be governed by Irish Law and the (Party-B) consents to the exclusive jurisdiction of the Irish Courts in all matters regarding it except to the extent that Hoteljobs.ie invokes the jurisdiction of the courts of any other country.

NOTICES

14.1 Any notice given under this deed shall be in writing and may be served:

- personally;
- by registered or recorded delivery mail;
- by telex or facsimile transmission (the latter confirmed by
telex or post); or
- by any other means which any party specifies by notice to the
others.

14.2 Each party's address for the service of notice shall be the above mentioned address or such other address as the Party specifies by notice to the others.

14.3 A notice shall be deemed to have been served:

- if it was served in person, at the time of service;
- if it was served by post, 48 hours after it was posted; and
- if it was served by telex or facsimile transmission, at the
time of transmission.

15 Hoteljobs.ie reserves the right to change/amend the category for membership if it has been discovered that the advertisement may have been placed under the incorrect category.

16 The Customer may cancel the order placed within 7 days of the date of placing the order provided no vacancy has been posted and/or the curriculum vitae database or bank has not been accessed by the customer. In circumstances where no vacancy has been posted and the curriculum vitae database or bank has not been accessed within that time Hoteljobs.ie will refund the monies received from the customer. Hoteljobs.ie reserves the right to deduct any administration fees applicable prior to refund. For the avoidance of doubt, no refund will be given to the customer if a vacancy has been posted and the curriculum vitae database or bank has been accessed within 7 days of the date of posting.

17 Hoteljobs.ie reserves the right to amend/modify the conditions contained in the Contract at any time and without notice to Party –B.