Hiring Services - Service Specific Additional Terms

In these Service Specific Additional Terms, the following terms have the following meanings:

2.1 THE shall provide the Hiring Services to the Client in accordance with the terms of the Contract.

2.2 THE is appointed on a non-exclusive basis and the Client is free to appoint other providers of the services similar to the Hiring Services.

3.1 The Parties agree that the Term shall be in accordance with the Period specified in Section 5 of the Order Form.

3.2 The Contract shall begin on the Effective Date and shall, unless terminated earlier in accordance with Clause 10 of the General Terms and Conditions, continue in full force and effect for the Initial Term. The Term of this Contract shall automatically be extended for one year (an Extension Period) at the end of the Initial Term and at the end of each Extension Period, unless either Party gives written notice to the other, not later than 30 days' before the end of the Initial Term or the relevant Extension Period, to terminate this Contract at the end of the Initial Term or the relevant Extension Period, as the case may be.

4.1 All Advertisements purchased must be utilised within the specified Period. Any unused Hiring Services for Advertisements shall expire at the end of the Period and shall not be refundable.

5.1 The Client grants THE a non-exclusive, non-transferable, royalty-free licence to use, and permit its Subcontractors and Affiliates to use the Delivery Materials and Advertisement in performance of the Hiring Services in accordance with the Contract during the Term.

5.2 In accordance with Paragraph 5.1, during the Term, THE agrees to perform the Hiring Services and distribute each Advertisement on or through the Platform and Site for the Period in return for the payment by the Client of the Charges as set out in Paragraph 8.

5.3 The licence granted under Paragraph 5.1 permits THE to:

(a) modify, electronically reproduce and distribute, and publicly perform and display each Advertisement on or through the Platform and/or Site; and

(b) make Derivative Works, reproduce, publicly perform and display and distribute such Derivative Works in conjunction with each Advertisement on or through the Platform and/or Site, including in any media now known or hereafter developed.

5.4 THE shall use reasonable endeavours not to do anything, nor knowingly permit anything to be done by its Personnel, Affiliates or Subcontractors, or the Personnel of its Affiliates and Subcontractors, which is detrimental to:

(a) the Hiring Services or the Advertisement(s); or

(b) the reputation, image, value or goodwill of the Client, its Affiliates or the Trade Marks.

6.1 The Client shall deliver the Delivery Materials for the Advertisement(s) to which the Hiring Services relate to THE on or before the relevant Delivery Date(s) to enable THE to perform the Hiring Services.

6.2 The Client shall be responsible for the accuracy and completeness of the Advertisement(s). The Client acknowledges it is responsible for, and THE has no obligation and undertakes no responsibility for, reviewing and ensuring the Advertisement(s) does not infringe any Applicable Laws, regulations or third party rights (such as material that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights) ("Inappropriate Content"). THE reserves the right to remove any Advertisement(s) from the Platform and/or Site where it reasonably suspects such Advertisement is Inappropriate Content, and THE shall notify the Client immediately if it suspects, or becomes aware of any allegation, that the Advertisement(s) on the Platform and/or the Site may be Inappropriate Content. All Advertisements must adhere to the requirements specified in Clause 15.

6.3 The Client acknowledges and agrees that, where any failure to comply with its obligations set out in Paragraph 6.1 results in a delay in the provision of the Hiring Services by THE, or prevents THE from being able to deliver the Hiring Services (or any part of them) in accordance with the Contract:

(a) THE shall have no liability in connection with such delay or non-performance of the Hiring Services (or any part of them); and

(b) the Client shall still be required to make payment of all Charges in full as if the Hiring Services had been properly and fully performed.

6.4 Subject to Paragraph 6.5, the Client shall indemnify, keep indemnified and hold harmless THE, its Affiliates and their respective directors, officers, employees and agents from and against all losses, liabilities, damages, fines, penalties, costs, expenses and claims (including legal and professional costs on a full indemnity basis) arising out of or in connection with any Advertisement provided, approved or placed by or on behalf of the Client, including (without limitation) any losses or claims arising from:

(a) the content, accuracy, completeness, legality or compliance of any Advertisement;

(b) any allegation that an Advertisement breaches Applicable Laws or regulations;

(c) any allegation that an Advertisement infringes third‑party rights; and

(d) any allegation that an Advertisement constitutes Inappropriate Content.

6.5 Notwithstanding Paragraph 6.4 above, the Client's indemnity in Paragraph 6.4 shall not apply to the extent any claim arises solely from modifications made by THE to an Advertisement without the Client's approval, other than formatting or technical adjustments required for display on the Platform and/or Site.

7.1 The Client may request changes to the Advertisement (a "Change") at any time before the Advertisement is uploaded to the Platform and Site on the Delivery Date(s). Any Change will not take effect unless and until agreed between the Parties in writing. Following upload of the Advertisement further changes may be requested by the Client to THE in writing via email to recruitment@timeshighereducation.com.

7.2 Where any change to the Advertisement has been requested by the Client, the Parties will continue to perform their respective obligations under the Contract, without taking account of that requested or proposed change, until that change takes effect in accordance with Paragraph 7.1.

8.1 The Charges are inclusive of all costs of all materials used by or on behalf of THE to provide the Hiring Services.

8.2 The Charges do not cover any additional charges incurred for a Change under Clause 7, or any hiring advertisement services other than the Hiring Services. If any such services are requested, the level of remuneration for them will be separately agreed by the Parties.

9.1 The Client shall pay THE the Charges as set out in Section 4 of the Order Form, which THE shall be entitled to submit invoices either annually or as a one-off payment.

9.2 Invoices shall identify the particular Services to which they relate and the time of their performance.

9.3 Charges and expenses are payable within 30 days of the Client's receipt of THE's properly submitted invoice and are exclusive of all taxes, charges, duties and levies except any applicable VAT (which the Client shall pay in addition at the rate and in the manner prescribed by law, subject to receipt of a valid VAT invoice).

10.1 During the Term and for a period of 3 years thereafter, THE shall keep at its normal place of business detailed, accurate and up-to-date records and books of account in each case covering the previous 3 years. THE shall ensure that these records and books of accounts are sufficient to ascertain the sums payable to THE by the Client pursuant to the Contract.

10.2 Subject to Paragraph 10.3, THE shall make its records and books of account available for inspection to demonstrate its compliance with Sanctions Laws, Data Protection Laws and the Relevant Requirements during normal business hours to the Client (or its designated professional auditors), and shall provide access to THE's premises and Personnel for the purposes of so doing, provided THE is not obliged to make available any information that concerns any other customer of THE (or any of its Affiliates) or could compromise the security of THE's systems or cause it to breach any legal obligation. THE is not obliged to grant access to any third party auditor until that auditor signs a confidentiality agreement with THE on terms reasonably satisfactory to THE. The Client's accountant may take copies of those records and books to the extent that they relate to the performance by THE of the Hiring Services. All costs of such accountant and the associated inspection shall be borne by the Client.

10.3 The Client may have inspections carried out pursuant to Paragraph 10.2 no more than once every calendar year (and once following termination or expiry of the Contract) on giving THE no less than 5 Business Days' written notice before each inspection.

10.4 If the inspection by or on behalf of the Client reveals any non-compliance by THE of its obligations pursuant to the Contract, THE shall, without prejudice to any other rights and remedies of the Client, remedy the cause of such non-compliance as soon as reasonably practicable and promptly provide the Client with a credit against the Hiring Services equal to the Client's reasonable costs and expenses relating to such audit or inspection.

11.1 In accordance with Paragraph 6.2, the Client shall ensure that the Advertisement and its broadcast and publication in THE's delivery of the Hiring Services shall not infringe the Intellectual Property Rights or proprietary rights of any third party.

11.2 The Client shall indemnify THE in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by THE arising out of or in connection with any claim brought against THE, its agents, subcontractors or consultants for actual or alleged infringement of a third party's Intellectual Property Rights arising out of, or in connection with the receipt or use an Advertisement in the delivery of the Hiring Services.

11.3 The Client shall comply with all requirements associated with THE Background Rights as are communicated by THE from time to time, including obtaining THE's written consent prior to publishing and/or amending the content of any materials containing THE Background Rights.

12.1 All Background Rights shall remain vested in and remain the property of that Party or its third party licensors as appropriate.

12.2 THE hereby grants to the Client a worldwide, non-exclusive, non-transferable, royalty free licence during the Term to use THE's Background Rights solely to enable the Client to benefit from the Hiring Services in connection with the Client's business.

12.3 The Client hereby grants to THE a worldwide, irrevocable, non-exclusive, royalty-free licence during the Term to use the Client's Background Rights to enable THE to perform the Hiring Services in accordance with the Contract.

12.4 The Client grants THE a non-exclusive, non-transferable, royalty-free licence for the Term to use, and permit its Subcontractors and Affiliates to use, the Trade Marks in the performance of the Hiring Services in accordance with the Contract.

12.5 THE acknowledges that it will not gain any right, title or interest in any Trade Marks or associated goodwill, which shall vest automatically in the Client (and/or its Affiliates as applicable) and THE shall not make any use of them except in accordance with the terms of the Contract.

13.1 THE shall notify the Client within 2 Business Days of becoming aware of:

(a) any unauthorised use by any third party of any Intellectual Property Rights of the Client (including the Trade Marks); or

(b) any actual or threatened claim against the Client by any third party in connection with the Hiring Services, in each case giving full details of that unauthorised use and/or claim.

13.2 The Client shall have sole and complete control of any litigation or other proceedings arising out of any unauthorised use of its Intellectual Property Rights, or any third party claim against it, in each case in respect of the Hiring Services. THE shall, and shall procure that its Subcontractors shall, provide the Client with all assistance as may be reasonably required by the Client to prosecute, defend or settle any such claim, at the Client's cost.

14.1 Neither Party shall make, or permit any person to make, any public announcement, communication or circular (announcement) concerning the Contract without the prior written consent of the other Party (such consent not to be unreasonably withheld or delayed) except that:

(a) THE may publicise the fact that it has provided Hiring Services to the Client (including examples of work carried out by THE under the Contract); and

(b) either Party may make an announcement which is required by law or any governmental or regulatory authority (including, without limitation, any relevant securities exchange), or by any court or other authority of competent jurisdiction, always provided that the Party required to make the announcement shall promptly notify the other Party. The Party concerned shall make all reasonable attempts to agree the contents of the announcement before making it.

15.1 It is the Client's responsibility to ensure that all advertisements meet the following conditions in order to be posted on the Site:

(a) Each Advertisement must pertain to one position. One position is defined as one job title e.g. "Lecturer". We will accept "Lecturer/Senior Lecturer" only if the employment grade ha not yet been confirmed.

(b) Each Advertisement will remain live on the Site for 30 days or until the closing date if under 30 days. You can extend an Advertisement over 30 days, however this may will reduce the number of Advertisements you have purchased as part of your subscription.

(c) Job titles are limited to 100 characters.

(d) Each Advertisement should be no longer than 800 words. When posting an Enhanced Listing, additional documents of longer than 800 words may be attached. Additional documents cannot be attached to a Standard Listing.

(e) Where possible, external URL's (web links) should not be included within the body of the text, these will be placed behind the "apply" button. This will enable THEunijobs to provide you with accurate statistics on your Advertisement's performance.

(f) All Advertisements should be written in English, THEunijobs may consider dual language adverts on a case-by-case basis but reserve the right to refuse them.

(g) Advertisements should be proofed and spell checked by the Client, although THEunijobs will make every effort to ensure job adverts are ready for consumption, they will not take responsibility for any errors that are present.

(h) Advertisements should be formatted by the client in the style they wish it to appear online; THEunijobs will do what they can to mirror this formatting but will not be held responsible for changes in formatting.

(i) All Advertisements must relate to one location, THEunijobs will not advertise one job over several locations.

(j) All Advertisements will show one recruiter logo. Faculty/additional logos can be added to the advert copy by purchase an Enhanced Listing.

(k) THEunijobs will not advertise under the name of consultancy or search firm.

(l) All job adverts should be provided in Word document format or a direct URL; we do not accept other formats.