Advertiser Terms of Business

1. Definitions

1.1 
Detailed below are the terms and conditions upon which Architecture.co.uk Limited will provide the Client with access to the Website and the Services ("the Agreement").

1.2 
In this Agreement the following terms shall have the following meanings:

"Architecture" 
- architecture.co.uk limited (company no. 5231785) of 20-22 Bedford Row, London, WC1R 4JS

"Advertisement" 
- an advertisement for a job vacancy placed by a Client on the Website

"Application" 
- an application to subscribe to the Services in such form as Architecture may prescribe

"Candidate" 
- a candidate for a Client job vacancy introduced to the Client via the Website

"Client" 
- you, the party permitted by Architecture to place Advertisements on the Website

"Commencement Date" 
- as defined in clause 2

“Intellectual Property" 
- means any intellectual property rights including without limitation patents, trade marks, designs, copyright and database rights whether registered or not

"Services"
- the introduction of Candidates and the online facility for the posting of Advertisements provided by Architecture under this Agreement as described in clause 3

 "Subscription Payment"
- the subscription fee payable by the Client to Architecture for the Services provided - comprising an Annual fee of £1095 - or £1595 for the enhanced- or a single fee of £275 for a 60 day period per single advert.

"User Details"
- the user details as described in clause 5

 "Website"
- the website at the url www.architecture.co.uk or such other url as may be substituted by Architecture from time to time

2. Commencement

2.1 
This Agreement commences when Architecture receives and accepts a completed Application submitted via the Website (or by post) ("the Commencement Date").  By submitting a completed Application the Client indicates its acceptance of the terms of this Agreement.  Architecture reserves the right to reject any Application for any or no reason.

3. The Services

3.1
In consideration of the payment of the Subscription Payments, Architecture will provide the Client with facilities to place Advertisements on the Website as set out in clause 5.

4. Charges and Payment

4.1
In consideration of Architecture supplying the Services the Client shall pay the Subscription Payment to Architecture in accordance with this clause.  Architecture shall invoice the Client for the Subscription Payment monthly in advance and such invoices shall be payable immediately. 

4.2
All sums payable under this Agreement are expressed exclusive of Value Added Tax (or other applicable sales tax) which shall be paid by the Client in addition to such sums at the prevailing rate from time to time, where applicable.

4.3
In the absence of notification from the client requesting termination of their subscription following the first 12 month period, the account will run for a further 12 months and a invoice submitted accordingly. See Clause 10.1.

 
5. Advertisements

5.1 
The Client must obtain from Architecture a user name and password ("User Details") in order to submit Advertisements to be posted on the Website.  Once the Client has obtained User Details it shall be permitted to post Advertisements by accessing the password protected part of the Website and following the instructions provided in the Website.

5.2 
Architecture reserves the right to review Advertisements before they are posted on the Website and may, at its sole discretion, prevent the posting of any Advertisements onto the Website or remove any Advertisement posted on the Website.

5.3 
Advertisements may appear on the Website until the relevant job vacancy is filled or this Agreement ends for any reason, whichever is the earlier.  The Client must remove the Advertisement from the Website immediately if either of these events occurs.

5.4
There is no limit on the number of Advertisements that the Client may submit.

5.5
Advertisements must not contain any website link, email address, phone number or other information which will enable Candidates to contact the Client directly unless otherwise agreed in writing by Architecture.

5.6
The Client is responsible for maintaining the confidentiality and security of its User Details and must not disclose them to any third party.

5.7
The Client accepts full responsibility for disclosures of its User Details or other passwords issued by Architecture.  You must notify Architecture immediately by email to support@architecture.co.uk of any unauthorised use of your User Details or any other breach of security.

5.8 Architecture reserves the right at any time to block your account and restrict your access to the restricted section(s) of the Website.  If your account is blocked please telephone 0870 458 9262 or send an email to support@architecture.co.uk.  Architecture is under no obligation to reactivate your account.

6. Client's obligations

6.1
The Client may not use any data gathering or data extraction tools, such as robots, on the Website without the prior written permission of Architecture.

6.2
The Client shall indemnify and hold harmless Architecture in relation to all claims, charges, demands, liabilities, losses, costs, interest and expenses arising out of any breach by the Client of this Agreement or out of any content of the Advertisement.

6.3
With respect to all information and material supplied to Architecture and/or included on the Website the Client warrants that it is the sole beneficial owner, free of licence, royalty, restriction or other adverse interest, and that such material does not otherwise infringe the intellectual property rights of Architecture or any third party including (but not limited to) use of trade marks and goodwill in any mark, database rights, copyright and design rights.

6.4
The Client undertakes not to include in any Advertisement or other material that it supplies to Architecture which is posted on the Website any defamatory, obscene or illegal content.

6.5
The Client agrees to indemnify and hold Architecture and its representatives harmless from any claims, actions, or other proceedings brought against them arising from inclusion of information and material supplied by the Client on the Website.  If any third party brings a claim against Architecture and/or the Client for their use of any libellous, defamatory or otherwise injurious material provided by the Client the Client agrees to pay all costs, damages and expenses awarded against or incurred by Architecture.

7. Warranties and Liability

7.1
Architecture does not guarantee that access to and use of the Website will be uninterrupted or error-free. From time to time Architecture may suspend or restrict access to the Website in order to carry out repairs or maintenance or to introduce new facilities. 

7.2
The Website is a forum for employers and recruiters to provide details of vacancies and Candidates to post CVs.  Architecture is not a party to the dealings between employers and recruiters and Candidates save for initially forwarding details of Candidates to employers and recruiters.  Architecture does not warrant that the information on the Website is accurate or complete, including but not limited to Candidate details, and is not responsible for checking that information is accurate or complete.

7.3
Architecture does not accept any responsibility for any loss or damage arising out of or in connection with the Services or use of the Website including, without limitation, indirect or consequential loss or damage, loss of anticipated revenues, loss of business opportunities, loss of goodwill, loss of data or damage to reputation.  Nothing in this Agreement shall operate to limit or exclude Architecture's liability for:

7.3.1 death or personal injury caused by Architecture's negligence;

7.3.2 damage suffered by you as a result of any breach by Architecture of the condition as to title under Part 1 of the Consumer Protection Act 1987;

7.3.3 breach of the warranty as to quiet possession implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or

7.3.4 for fraud (including, but not limited to, fraudulent misrepresentation).

8. Intellectual Property

8.1
All Intellectual Property in information and material provided by the Client and which was not created in any way by Architecture shall vest in the Client absolutely.

8.2
Except as provided in clause 8.1 above, or otherwise held by any other party, all Intellectual Property in the Website and Services including (but not limited to) its design, layout and functionality relating to the Website and Services shall vest in Architecture and nothing in this Agreement grants any rights in the Intellectual Property to the Client.

9. Confidential Information

9.1
Each party shall keep confidential the terms of this Agreement and any and all confidential information that it may acquire in relation to the business or affairs of the other party.  Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under this Agreement.  Each party shall ensure that its officers and employees comply with the provisions of this clause 9.

9.2 
The obligations on a party set out in Clause 9 shall not apply to any information which:

9.2.1 is publicly available or becomes publicly available through no act or omission of that party;

9.2.2 a party is required to disclose:

9.2.2.1 by law or by order of a court of competent jurisdiction; or

9.2.2.2 by any applicable regulatory authority to which either party is subject where such requirement has the force of law.

9.3
The provisions of this clause 9 shall survive any termination of this Agreement.

10. Duration and Termination

10.1 
The Annual Agreement shall continue for an initial period of twelve (12) months' from the Commencement Date ("the Initial Term") and shall continue until terminated by either party giving to other not less one (1) month's notice in writing such notice not to expire before the end of the Initial Term.

10.2
Architecture may terminate this Agreement immediately by serving written notice to that effect if the Client:

10.2.1 makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) enters administration or goes into liquidation (otherwise than for the purposes of solvent amalgamation or reconstruction); or

10.2.2 commits any material breach of any of the provisions of this Agreement and in the case of a breach capable of remedy, fails to remedy the same within 30 days after receipt of a written notice of the breach requiring it to be remedied.

10.3 
Any termination of this Agreement shall be without prejudice to any other rights or remedies a party may be entitled to under this Agreement or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provisions of this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.

11. Notices

11.1 
All notices must be sent either in writing or by e-mail.  All notices to the Client shall be delivered to its mailing or e-mail address as provided on the Application and all notices to Architecture shall be delivered to