TERMS AND CONDITIONS OF SPACE CAREERS
1. About these Terms & Conditions
These terms and conditions of business are between Spacelinks (whose registered office is at 66 rue Pierre-Paul Riquet, 31000 Toulouse, France) who owns and operates the Space Careers website ("www.space-careers.com") and the employer Client ("Client"). All use of the Services is subject to this Agreement, and this Agreement excludes and replaces all other agreements or terms relating to the Services.
"Applicant" means an individual any of whose details are obtained by the Client from the Space Careers website.
"Client" shall include any subsidiary, associated or holding company (or their subsidiaries) of the Client.
"Services" means the services provided by the Space Careers website under this Agreement.
"Site" means the Space Careers website(s) operated by Spacelinks for the purpose of advertising vacancies related to the aerospace industry.
"Vacancy" means a vacancy for a position with the Client or through the Client
2.1 Under this Agreement Space Careers provides Clients with an Account Service which gives the Client, for a fee, unlimited use of the Space Careers system to advertise an unlimited amount of vacancies and to access the Space Careers CV database. Once the Client sets up an Account, the Agreement will continue in force for one month, three months, six months or one year periods (as selected in the subscription), unless terminated with 1 months written notice. This notice period does not apply to one month subscriptions. If the contract is cancelled prior to completion of the whole contract period, any discounts that were applied will be re-calculated and charged accordingly;
2.2 Either party may terminate at any time by giving the other one month's notice in the event of the other party's material breach of the Agreement or liquidation, winding up, administration, receivership or similar event;
2.3 The service allows the Client to advertise Vacancies and to access information on Applicants who may be suitable. We will allocate a unique identification and password to the Client. The Client may change the password, but must use the identification and password when using the Services.
3. Client's Obligations
The Client agrees that for so long as it is party to this Agreement:
3.1 it shall not use the Services for any unlawful purposes;
3.2 it shall ensure that all information that it provides to Space Careers, including but not limited to information related to placements to be advertised on the Services, is accurate, does not contain any misleading items or misrepresentations, does not infringe any other person's rights and does not breach any applicable law;
3.3 it shall not post or upload to the Site or Services any material nor use the Site or Services for the distribution of any material, which Spacelinks in its sole discretion considers offensive, immoral, abusive, indecent or otherwise undesirable, and shall not use the Site or Services or any information from them for spamming or any other purpose not approved by us;
3.4 it shall not use any information regarding Applicants for any purpose other than the recruitment of staff for its own internal or group business or third parties;
3.5 it shall take appropriate steps to keep confidential its own information and password, be responsible for all uses of the Client's account, and notify us immediately of any unauthorised use;
3.6 it shall not attempt to access data or any parts of Space Careers' system which it is not authorised to access;
3.7 it shall provide such information as Spacelinks may reasonably request to confirm that all information supplied for posting on the Site is correct and/or that it is not in breach of the Agreement;
3.8 it shall defend and indemnify Spacelinks against all claims, losses, damages, liabilities, costs and expenses arising as a result of its breach of this Agreement.
4. Spacelinks Rights
4.1 Spacelinks may suspend or block the Client's access to the Services at any time if the Client breaches any of the terms of this Agreement;
4.2 Space Careers is a Space and Defense jobs board. Spacelinks reserve the right to remove any vacancy having nothing to do with the Space and Defense industry or conflicting with Spacelinks' own interests.
4.3 At its sole discretion, Spacelinks reserves the right to refuse access to any or all of its services at any time to any Client and may or may not refund the unused portion of their subscription.
4.4 Spacelinks will be developing the Space Careers website and service further, so reserve the right:
o to make changes to the Site and Services; and
o to render the Services unavailable for periods where this is necessary for development or maintenance.
5.1 Space Careers is acting only as a conduit for information relating to vacancies and candidates between employers and potential employees. In view of the nature of the Services, the Client must satisfy itself as to the suitability of any Applicant. The Client is responsible for the checking up of references and for establishing the Applicant's qualifications, capabilities, honesty, medical history, availability and suitability to meet the Client's requirements. Spacelinks does not verify or warrant the accuracy or reliability of any information posted or received via the Services, and reliance on the information is at users' own risk;
5.2 Spacelinks gives no warranty or representation, expressed or implied, in respect of any Applicant introduced and accept no liability for any failure of an Applicant to perform or comply with their terms of employment or engagement, or for any loss, expense, damage or delay, however caused, arising from the introduction of the Applicant to the Client's employment;
5.3 Spacelinks cannot guarantee the number of CVs available on the Space Careers database on any given day;
5.4 Spacelinks will endeavour to keep the Services working as often as possible, but will not be responsible for any time for which it is unavailable, whether due to telecommunications or internet failures or otherwise. Spacelinks shall have no financial liability to the Client in the event of such unavailability. All users are responsible for taking appropriate measures against the risks associated with using the internet, including viruses and other harmful mechanisms, and Spacelinks will not be liable to the Client for any loss, damage or liability caused by any such item;
5.5 Spacelinks entire liability to the Client, whether in contract, tort (including negligence) or otherwise, shall be limited to the fees paid by the Client in the twelve months preceding the date on which such liability arose;
5.6 In no event will Spacelinks be liable to the Client for any indirect, consequential or special loss or damage, including lost profits, sales, business, data, goodwill, savings or otherwise, however caused (including by negligence).
The parties agree that they will only use the other's confidential information for the performance of this Agreement, and will not disclose it to other parties other than as necessary for the performance of this Agreement or as required by law.
7.1 All copyright, trade marks, patents, database rights and other intellectual property rights in the Site, Services and underlying functions are the property of Spacelinks, and the Client must not copy, alter or otherwise infringe any such rights;
7.2 This Agreement is the entire agreement between Spacelinks and the Client, and supersedes all previous agreements and statements relating to its subject-matter;
7.3 Spacelinks is registered in France. Any interpretation of this Agreement's contents, claims or disputes (of whatever nature and not limited to contractual issues) shall be subject to the exclusive jurisdiction of the French Courts under French Law.