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Welcome to SANisland, the data storage job board run by data storage specialists

Here at SANisland, our vision is simple. To match talent with opportunity through a data storage job board that's easy to use. Now you can find the best recruitment match for storage jobs and backup jobs as quickly and easily as possible.

Recruiter Terms and Conditions

Terms and Conditions - Storage and Backup People Ltd. T/A SANisland.
Version 1 - 12 November 2010

These Conditions are deemed accepted by the Client when the Services of SANisland have been accessed by the Client or ordered and upon signature of the Order Form by the Client.

1. Definitions

1.1 In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise :-

any recruitment Advertisement including Lineage Advertisements, Semi-Display Advertisements, Display Advertisements, Corporate Brochures, Logo Buttons, Skillword Sponsorship Banners, Homepage Banners, Sector Sponsorship and/or any page(s) of Client advertising together with any other form of Advertisement as shall appear on the Site from time to time);

Advertising Agency
a Client who in relation to the Services is receiving them on behalf of an End Client or is directly or indirectly providing the Services on to an End Client;

a Candidate who applies for a vacancy advertised on the Site;

Business Day
a day other than a Saturday, Sunday or public holiday in England when banks in [London] are open for business;

a person who uses the Site for the purpose of finding employment;

any person using and purchasing the Services, where a person includes but is not limited to, Direct Employers, Recruitment Agencies, Recruitment Process Outsourcing Agencies and Advertising Agencies. In the circumstance of any Recruitment, Recruitment Process Outsourcing or Advertising Agency acting on behalf of one of their own End Clients, SANisland will charge the Agency and not the Agency's End Client;

these Terms and Conditions;

the contract for the supply of any Services by SANisland to the Client comprising these Conditions and a Order/Subscription Form;

Contract Date
the date of acceptance of the Contract by the Client;

Corporate Brochure
a web page which contains text, graphics, data, files and links which are used to promote a corporate message;

the curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is provided to SANisland by a Candidate for distribution to Clients with a view to securing employment;

CV Online
a CV Service which enables the Client to search for and view CVs online using various search criteria;

Direct Employer
a Client who in relation to the Services is receiving them for the purpose of their own recruitment needs and not on behalf of any other 3rd party End Client;

End Client
the person to whom the Client's Services are provided;

Featured Recruiter Listing
pages on the Site featuring a complete list of buttons that feature logos of Clients of SANisland with a Corporate Brochure on the Site;

the fees and charges payable by the Client as specified in the Order Form as part of the subscription services;

Logo Button
a button with the Client's name and/or logo on it;

each month during the period of the Contract and for these purposes, the first month begins from the Contract Date and ends on the day preceeding the day numerically equivalent to the Contract Date in the following calendar month. If there is no such date in the following calendar month, the first month ends of the last day of the first month ("Month End Date"). All subsequent months will have the same Month End Date, or the last day of the subsequent month if earlier. By way of example:

Example 1, a Contract starts on 24th February. The first month ends on 23rd March. All subsequent months start on the 24th of the month and end on the 23rd of the next month.

Example 2, a Contract starts on 1st July. The first month ends on 31st July. All subsequent months start on the 1st of the month and end on the last day of the month (either the 28th for February or 29th in leap years, 30th for April, June, September and November, or 31st for January, March, May, July, August, October and December).

Example 3, a Contract starts on 30th November. The first month ends on 29th December. All subsequent months start on the 30th of the month and end on the 29th of the next month. In February, the month will end on the 28th, if it is not a leap year, and the following month will start on the 1st March and end on the 29th March.

Example 4, a Contract commences on 1st February. The first month ends on 28th February, or 29th in a leap year. The next month starts on the 1st March, and all subsequent months start on the 29th of the month or the 30th, if the first month fell in a leap year, and end on the 28th of the next month, or the 29th where the first month fell in a leap year.

Non Business Day
a day which is not a Business Day;

Order Form
the order form entered into between the Client and SANisland as part of the subscription service;

any person working on behalf of the Advertising Agency, Direct Employer or Recruitment Agency Client and who is authorised by the Client to use the Services;

Recruitment Agency
an Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made there under);

Recruitment Process Outsourcing Agency
a Recruitment Agency who also carry out the selection and placement process on behalf of the End Client;

the Services which SANisland has agreed to provide to the Client as set out in the Order Form;

the Site at www.SANisland.com or any other website on which any Advertisement appears or via which any Service is offered.

a person who visits a specific page of the Site within a specific time period.

2. Services Generally

2.1 The Client agrees to provide SANisland, in such a format as SANisland may request, any information, design work, artwork and logos necessary to enable SANisland to provide those Services.

2.2 SANisland shall not be obliged to provide those Services until the Client has supplied it with the information, design work, artwork and logos necessary to provide those Services. Such information shall be supplied within 5 days of the date of the signed Order Form, or such later date as agreed by SANisland.

2.3 Advertisements will become live on the Site only when the Client has approved the design work, set-up, artwork and logos. If a Client has been authorised to approve any design work, artwork or logos on behalf of the End Client, then the Client must provide proof of this in writing to SANisland on request.

2.4 SANisland shall make such modifications to any Advertisement/Logo as are reasonably requested by the Client provided.

2.5 Once a Contract is signed by the Client, the Contract remains in force for the full duration of the Term and may not be cancelled by the Client.

2.6 The Client may remove an Advertisement from the Site before the Advertisement has reached its expiry date, but shall not be entitled to a refund for the time not used. The Client may extend the term of an Advertisement provided they have purchased a sufficient quota of the relevant Service.

2.7 If any quota of Services which are to be used with any period of time specified in the Order Form are not used within that period of time, then in each case the Client shall still be responsible for the full payment of the invoiced amount as if the Services had been properly and fully provided (and for the avoidance of doubt SANisland shall not be liable for providing any unused Services and such Services may not be carried over to any subsequent period.)

2.8 SANisland reserves the absolute right, without giving any reasons, to decline, cancel or remove any Advertisement or provision of Services for any reason and at any time without prior notice.

2.9 An Advertisement or Service which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act or the Age Discrimination Act. A statement must be made at the time the Advertisement is placed or Service used saying which of the exemptions in the Act(s) is considered to apply.

2.10 SANisland will use its reasonable endeavours to publish the Advertisement or provide the Services on the agreed date. SANisland does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Services and has the right at its sole discretion to decline to publish or omit, suspend or change the position of any Advertisement accepted by it.

2.11 Links to a Client's or End Client's website will not be permitted to appear in any Advertisement placed, with the exception of Corporate Brochures, or Service used by the Client without SANisland's' prior consent.

2.12 SANisland may at its discretion and without prior notice, report any Advertisement or Service used which in its reasonable opinion is being used for an improper or illegal purpose by a Client to the relevant authorities including, without limitation, the Department of Employment, the Office of the Information Commissioner and the Recruitment and Employment Confederation. SANisland may also disclose information about any Client to any third party, as SANisland shall deem necessary to protect its interests or the interests of Clients, Recruiters, Candidates, Applicants and/or other users of the Site.

2.13 SANisland shall be entitled at anytime without notifying the Client to make changes to the Services, which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.

2.14 SANisland will only make available or supply copies of the CVs that have been received by it for distribution to Clients of SANisland solely for the purpose of securing suitable employment for the Candidates.

3. Lineage Advertisements and Semi-Display Advertisements

If the Services include Lineage Advertisements or Semi-Display Advertisements, the provisions of this clause 3 shall apply thereto.

3.1 Lineage Advertisements are only available to Clients who are Recruitment Agencies and accordingly, if the Client has requested that SANisland provides Lineage Advertisement Services:

3.1.1 the Client confirms that it is a Recruitment Agency;

3.1.2 if requested by SANisland the Client will promptly provide to SANisland such evidence as SANisland requests to prove that the Client is a Recruitment Agency;

3.1.3 SANisland shall not be obliged to provide the Services (or shall be entitled to suspend them) until the Client has provided such evidence.

3.2 All Lineage Advertisements and Semi-Display Advertisements are to be entered online by the Client, sent in the SANisland email template to a SANisland email address or sent in a specific SANisland file format to a SANisland file directory notified by SANisland to the Client.

3.3 Lineage Advertisements and Semi-Display Advertisements will be sent out to all relevant Candidates on a weekly basis via the Jobs-by-Email Service for each week that they are live on the Site and to any new relevant Candidates registered within that week.

3.4 SANisland will convert each vacancy described in a Semi-Display Advertisement to a Lineage Advertisement for the purposes of distributing through the Jobs-By-Email Service.

3.5 Lineage Advertisements and Semi-Display Advertisements will remain live on the Site and available for searching via the internet for the number of weeks requested by the Client, but in all circumstances up to a maximum of 52 weeks, where a single week equals one Lineage Advertisement or Semi-Display Advertisement.

3.6 Any Lineage Advertisement or Semi-Display Advertisement placed on the Site may be expired and removed by the Client. The Client will be charged for the full number of weeks for which the Lineage Advertisement or Semi-Display Advertisement was originally placed.

3.7 SANisland will use reasonable endeavours to procure that Lineage Advertisements and Semi-Display Advertisements will become live on the Site within 1 hour of submission to the Site

3.8 Lineage Advertisements and Semi-Display Advertisements can only be modified by the Client, within the first 4 hours of submission to the Site and thereafter cannot be modified in any way whatsoever by the Client.

3.9 Lineage Advertisements and Semi-Display Advertisements may link only to a Client's Corporate Brochure or Live Vacancy Listing or contact details but may not contain a link, or references, to the Client's website.

3.10 Lineage Advertisements and Semi-Display Advertisements may only contain:

3.10.1 one email address, which must be in the specific place designated by SANisland and must not be part of the text describing the vacancy;

3.10.2 information describing the Recruitment Agency and/or the services offered by the Recruitment Agency in the specific place designated by SANisland and must not be part of the text describing the vacancy.

3.11 A Lineage Advertisement or Semi-Display Advertisement shall contain the details of, accurately describe and pertain to no more than a single vacancy.

3.12 Semi-Display Advertisements will be ranked higher in the results of a Candidate's search on the Site than identical Lineage Advertisements.

3.13 SANisland may edit, remove or refuse to publish any Lineage Advertisement or Semi-Display Advertisement:

3.13.1 containing unnecessarily repeated words or phrases which cause a false positioning in the search results seen by a Candidate;

3.13.2 advertising products, services, businesses or websites, including, but not limited to, franchises, pyramid selling, network marketing, multi-level marketing and 'get rich quick' schemes.

3.14 If requested by the Client, SANisland shall send an email to the Client to remind it that a particular Lineage Advertisement or Semi-display Advertisement is about to expire on the Site. The Client accepts that if it replies to such a requested email in any way the relevant Lineage Advertisement or Semi-Display Advertisement will be renewed by an automated system linked to the reply email address and such renewal shall be on the same terms as set out in the original Order Form relating to that Lineage Advertisement or Semi-Display Advertisement (as amended by the terms of that email). It is the Client's responsibility to ensure that they do not respond to that email in any way (whether manually or by means of an automatic system) if it does not want to renew the relevant Lineage Advertisement or Semi-Display Advertisement.

3.15 Where the Client chooses to use Vacancy Posting Software to submit a Lineage Advertisement or Semi-Display Advertisement to the Site, the Client accepts that any malfunction of, or change to, the Vacancy Posting Software or its incompatibility with SANisland's systems causing incorrect, missing or multiple submissions to the Site is entirely the responsibility of the Client and t he Client agrees that any quota of Services used and Fees incurred will be payable in full.

4. Obligations of SANisland

4.1 SANisland will use its reasonable endeavours to enable Applicants the facility of viewing the Clients' Advertisements on the Site and to provide the Services to the Client. However, the Client accepts that SANisland cannot guarantee the number of occasions on which any individual Advertisement appears on the Site and that no obligations are imposed on SANisland in this regard.

5. Obligations of the Client

5.1 The Client hereby undertakes and warrants to SANisland:

5.1.1 to use all reasonable precautions against access of the Site (or any website that is, or may become linked to any website) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Client's hardware and the rest of the Site;

5.1.2 to comply with the provisions of the Data Protection Act 1998 or relevant legislation with regard to any Applicant information received by it and in particular to keep such information confidential.

5.1.3 in relation to any Advertisement the Client is a principal notwithstanding that the Client may be acting directly or indirectly for a third party;

5.1.4 the reproduction and/or publication of the Advertisement by SANisland as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render SANisland liable to any proceedings whatsoever and the Client indemnifies SANisland against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by SANisland as a result of this undertaking and warranty being incorrect;

5.1.5 any information supplied by the Client in connection with the provision of the Services is accurate, complete and true;

5.1.6 in respect of any Advertisement which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Client has obtained the authority of such living person to make use of such name, representation and/or copy;

5.1.7 each Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;

5.1.8 no Advertisement contains any data, image or other material which;

(a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;

(b) is defamatory, threatening or racially, ethnically or otherwise objectionable;

(c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;

(d) infringes the rights (including, without limitation, the intellectual property rights) of another person;

(e) is designed or likely to cause disruption to any computer system or to any network;

(f) is illegal or designed or likely to induce an illegal act.

5.2 The Client is responsible for ensuring that the content of any Advertisement and the use of the Services is not discriminatory, obscene, defamatory, or in any other way illegal or in breach of any legislation. The Client also agrees to comply with all relevant industry Codes of Practice.

5.3 The Client acknowledges that it is not vested with any proprietary rights in respect of the Site, or any CV or other information submitted by any Applicant.

5.4 The Client shall indemnify SANisland against all claims made by the third parties in respect of the misuse of the data supplied to the Client.

5.5 The Client shall obtain from the Applicant, as much information about the Applicant's qualifications and experience, as is necessary for determining whether the Applicant is suitable for employment, and shall ascertain that the Applicant has such qualifications as are required by law.

5.6 The Client shall ensure that the Applicant is fully aware of any conditions imposed by law, which must be satisfied by the Applicant and that any employment resulting therefrom shall be legal.

5.7 The Client agrees not to employ, or make arrangements to employ, a young person (being a person under the age of 18) who is attending, or has ceased to attend school, unless the Client has made all such enquiries as are reasonably practicable for the purposes of ascertaining that the young person has received vocational advice.

5.8 The Client will obtain at least two character references from suitable persons, not being relatives of the Applicant but being resident or based in the vicinity of the normal place of residence of the Applicant, in respect of any Applicant applying for a job in the United Kingdom where the Applicant is resident outside the United Kingdom, and in any event not offer employment to an Applicant where the rate of repayment of any advance of fare is 1/8th or more of the Applicant's basic weekly pay or the total amount to be repaid is more than three weeks' pay in the job.

5.9 The Client shall ensure that the Applicant, before departing for the employment, receives a written statement in a language they understand giving full details of their employment.

5.10 The Client agrees to keep a written record of all job applications, for a period of not less than one year from the date of employment or, where no employment results, from the date the job application is rejected.

5.11 The Client shall:

5.11.1 use all CVs supplied for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Candidates;

5.11.2 ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Act 1998 to the extent that it applies and complies with its obligations under that Act;

5.11.3 keep confidential the CVs and all other information supplied by SANisland or Candidates to the Client or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Candidates with their express consent in respect of the CVs;

5.11.4 obtain the express consent of a Candidate prior to submitting his or her CV to any person;

5.11.5 not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from SANisland to any person provided that where the Client is a Recruitment Agency it may make CV's available to its genuine End Clients who intend to recruit such Candidates for their own employment:

5.12 The Client:

5.12.1 acknowledges that the Client and SANisland may agree that SANisland can accept instructions in relation to the Services (without having to refer to the Client) from any of the following persons;

(a) any person agreed between SANisland and the Client to be a Recruiter; and

(b) any person to whom the Client or any Recruiter provides passwords to or is set up to make use of the Services by using facilities offered by SANisland for such purposes.

5.12.2 authorises SANisland to accept instructions in relation to the Services (without having to refer to the Client) from any Recruiter and any person using such passwords.

6. Fees

6.1 The Fees payable shall be those prices set out in the Order/Subscription Form.

7. Payment

7.1 Payment for Services will be made according to the payment terms specified in the Order/Subscription Form.

7.2 If the Client fails to make any payment by the due time then all moneys owing by the Client to SANisland shall immediately become due and payable and the provisions of clause 7.4(b) shall forthwith apply to such moneys.

7.3 SANisland will provide invoices to each Client in accordance to the terms in the Order Form. Liability for payment arises from provision of the Services. Further, all items on the invoice are deemed to be payable and any errors or omissions must be communicated to SANisland in time to be rectified before payment becomes due. Payment for the provision of the Services shall be made as aforesaid whether or not the Client shall have provided SANisland with an order number at the time of signing the Order Form.

7.4 The Client agrees to pay to SANisland in respect of each item of Services for which payment is not made by the due time:

(a) the sum of 5.00 (excl. VAT) as an administration charge; and

(b) interest on the amount paid late at the rate of 4% per annum above the base rate of HSBC Bank PLC accruing from day to day (including the date on which payment was due) both before and after judgment.

7.5 All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable.

8. Liability

8.1 SANisland does not verify or guarantee any Applicant's details whether forwarded to the Client via SANisland or otherwise. SANisland accepts no responsibility as to the suitability of Applicants who respond to Advertisements or Services.

8.2 The Client shall satisfy itself as to the suitability of any Applicant and shall take up any reference provided by the Applicant before engaging any such Applicant.

8.3 The Client shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Applicant, and shall satisfy itself of any medical or other requirements or qualifications required by law.

8.4 SANisland does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Client's use of (or inability to use) this Site.

8.5 SANisland makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programmes and/or that the Site shall operate uninterrupted and error-free.

8.6 SANisland does not accept liability, of any description, however arising, for any loss or damage caused to any Client, or any other third party, arising from any virus or other impairing computer program contained in any CV submitted by any Applicant.

8.7 SANisland does not accept liability for:

8.7.1 any loss of copy, artwork, photographs, data or other materials that the Client supplies to SANisland and the Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;

8.7.2 any mistakes or errors whatsoever that arise during the course of publication of any Advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Client.

9. Indemnity

9.1 The Client agrees to indemnify SANisland and to keep SANisland indemnified in respect of, but not limited to, all damages, costs or liabilities that SANisland may incur arising from an Advertisement or use of any Service, and in particular resulting from the following:

9.1.1. the publication of any defamatory statement;

9.1.2 breach of copyright;

9.1.3 any claims made by any person in respect of race, religion, age, sex or disability discrimination;

9.1.4 any breach by the Client of any warranty given hereunder.

10. Disclaimer

10.1. Except as otherwise provided by statute, SANisland disclaims all warranties, express or implied by law of statute, in relation to, but not limited to, the Site

11. Governing Law and Jurisdiction

11.1 These Terms shall be governed by, and construed in accordance with, the laws of England and Wales and each party irrevocably submits to the exclusive jurisdiction of its courts.

12. Miscellaneous

12.1 The signing of an Order Form for provision of Services to SANisland amounts to an acceptance of these Terms to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.

12.2 If any provision of these Terms is held to be void or unenforceable in whole or in part, these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by SANisland shall be effective except in relation to the matter in respect it was specifically given.

12.3 Nothing in these Terms is intended to confer on any person any right to enforce any provision of these Terms, which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. Insofar as the Client is a consumer (as that term is defined in the Consumer Protection (Distance Selling) Regulations 2000, the Client agrees that the provision of Services under these Terms may, by agreement between the Client and SANisland, take place before the end of any applicable cancellation period, in which case the right to cancel such provision of Services shall not apply.

12.4 Due to limitations imposed by SANisland's insurers and merchant accounts, SANisland cannot trade with the following countries:-
Belarus, Burma/Myanmar, Democratic Republic of Congo, Eritrea, Federal Republic of Yugoslavia & Serbia, Iran, Iraq, Ivory Coast, Lebanon, Syria, Liberia, North Korea, Republic of Guinea, Somalia, Sudan, Zimbabwe,
Cuba, Balkans or any other country where local legislation decrees insurance must be effected locally, unless specially declared and accepted by underwriters.

SANisland reserves the right to add to the list of excluded Countries without notice.

Copyright (c) SANisland.All rights reserved.

View other T&Cs:
Unsolicited idea submission and feedback policy View
Candidate terms and conditions View
Disclaimer View

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