Terms and Conditions

Absolute Resource Control Technologies Ltd.

1. All services are supplied by ARC Technologies Limited subject to and upon the following Terms and Conditions. No additions or variations shall apply unless specifically agreed in writing between the parties.

2. The following expressions shall hereafter have the meanings:

• 'Service agreement' means the Service agreement attached.
• 'Services' means those services described in clause 3 of these Terms.
• 'System' means the Website and all technical infrastructure relating thereto.
• 'Website' means the URL www.absoluteresourcing.com on which the Services are provided.

• The Services provided by ARC Technologies Limited are the use of custom-built distribution software, enabling CV searching to one or more online job boards selected by the Client.
• Where the job board is free, the Client may subscribe directly. However, where the job board charges its own fee, the Client is responsible for arranging and maintaining access to the job board. The Client acknowledges that ARC Technologies Limited is not responsible for the establishment or maintenance of any account held with a third- party job board supplier. Neither is ARC Technologies Limited responsible for the supply of service by the third-party job board supplier to the Client.
• ARC Technologies Limited will not be liable for compensation for any errors of data entry, duplicate entries or errors made by the client. Claims for such compensations should be made directly with the job board(s) concerned (if applicable).

• In consideration of the undertakings given by the Client, ARC Technologies Limited will provide to the Client the Services.
• ARC Technologies Limited cannot guarantee to provide the Services continuously and without interruptions and faults, and may also have to temporarily suspend availability of the Services in order to upgrade, repair or maintain any aspects of the technological infrastructure of the Services. ARC Technologies Limited will use all possible endeavours to carry out any such repair or maintenance work so as to cause minimum disruption of the Services.
• By registering the Client's details on the System, the Client is giving its explicit consent to ARC Technologies Limited holding data which the Client provides to ARC Technologies Limited including any sensitive personal data as defined in the Data Protection Act 1998.

• All material displayed or transmitted by the Client on the System shall not be false, offensive, defamatory, threatening, obscene, unlawful or breach or infringe the rights of any person anywhere in the world (including without limitation any intellectual property rights).
• The Client will not use the Services in such a way that disrupts, interferes with or restricts the use of the Services including without prejudice to the generality of the foregoing sending unsolicited e-mails to any e-mail address published on the System.
• The Client will not reverse engineer, decompile, copy or adapt any software or other code or scripts relating to the System or post or transmit any information that contains a virus, worm, Trojan horse or other harmful or disruptive component.
• The Client will hereby indemnify ARC Technologies Limited against any costs, expenses, liabilities and claims by any third party in respect of misuse of information or data obtained by use of the System.
• The Client will not remove in whole or in part any trademarks, copyright and other proprietary notices contained in or appearing on any material the Client downloads and/or prints from the System.

• Recognises that the Internet is accessible to anyone with appropriate technical capability and as such it is impossible to protect totally against the abuse of the System by third parties, including the introduction of a virus on to the System. The Client acknowledges that it is its responsibility to satisfy itself that its own information technology is protected against computer viruses.
• Acknowledges that advertisements and information posted on the System by Clients are not the responsibility of ARC Technologies Limited nor does such material reflect ARC Technologies Limited's opinions or those of ARC Technologies Limited's directors, officers, employees and agents.
• Acknowledges that ARC Technologies Limited has no control over the quality, truth or accuracy of information received by the Client using the System The Client acknowledges that any reliance on any information or other material posted on the System is entirely at its own risk.

• Owns or is licensed to use all copyright, database rights and all other intellectual property rights in and to the System, including the search engine software, the structure, design and layout of the System, all graphics, the name ARC Technologies Limited and the Arc/Absolute logos. The Client is entitled to access and use the contents of the System in accordance with the express terms of this Agreement only. Any other use of the materials available on or forming part of the System is subject to obtaining the prior written consent of ARC Technologies Limited.
• ARC Technologies Limited is entitled to make changes to the Services, which are necessary to comply with any applicable security or other legislative or regulatory requirements.

• Will use all its endeavours to maintain and provide the Services in accordance with these Terms and Conditions. However, the Client acknowledges that ARC Technologies Limited will not be liable for any failure on its part to fulfil its obligations to the Client where such failure is due to circumstances beyond the control of ARC Technologies Limited.
• Except as expressly set out in clause 9.1 all warranties, undertakings, conditions and terms, express or implied, whether by common law, statute, custom, trade usage, course of dealings or otherwise (including without limitation as to quality, fitness for purpose, performance or suitability of purpose) in respect of the Services are hereby excluded to the fullest extent permitted by law.

• ARC Technologies Limited will not be liable (whether in contract or tort) for:
  • a. 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.
  • b. any loss of profit, loss of revenue or contracts or any indirect, special, economic or consequential loss (whether caused by the negligence of ARC Technologies Limited, its employees or agents).
  • c. any delay, costs, expense, loss (including loss of profit), damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of ARC Technologies Limited or as a result of the acts or omissions of the Client.
• . In no event shall ARC Technologies Limited's liability to the Client under or in relation to the Contract (whether in contract or tort) exceed the amount of the fees paid to ARC Technologies Limited.
• Nothing in this Contract will restrict or exclude ARC Technologies Limited's liability for death or personal injury caused by its own negligence.
• The Client agrees and acknowledges that save as expressly provided in the Contract no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of ARC Technologies Limited in respect of or in connection with the Services or the Contract and accordingly the Client confirms that it has not, in entering into the Contract, relied on any condition, warranty or representation by ARC Technologies Limited or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services or the Contract. The benefit of any such condition, warranty or representation by ARC Technologies Limited is hereby irrevocably and unconditionally waived by the Client

• The expiry or termination of these Terms and Conditions shall be without prejudice to any other rights or remedies which either party may be entitled to there under or at law and shall not affect any rights or liabilities which may have already accrued to either of the parties under this Agreement.
• In the event of changes to the law, government legislation or new software developments, the company reserves the right to amend or change the terms and conditions upon 14 days written notice of such changes.
• In the event of the Client breaking any one of the above Terms ARC Technologies Limited will forthwith be entitled (without prejudice to any other remedy) to cancel this Contract or to suspend its performance hereof at its absolute discretion.

• This Agreement and all matters arising from it and any dispute resolutions referred to below shall be governed by and construed in accordance with English law notwithstanding the conflict of law provisions and other mandatory legal provisions
• Where there is a dispute the aggrieved party shall notify the other party in writing of the nature of the dispute with as much detail as possible about the deficient performance of the other party. A representative from senior management of each of the parties ('representatives') shall meet in person or communicate by telephone within 21 business days of the date of the written notification in order to reach an agreement about the nature of the deficiency and the corrective action to be taken by the respective parties. The representatives shall produce a report about the nature of the dispute in detail to their respective boards and if no agreement is reached on corrective action, then the chief executives of each party shall meet in person or communicate by telephone, to facilitate an agreement within 5 business days of a written notice by one to the other. If the dispute cannot be resolved at board level within a further 5 business days, or if the agreed upon completion dates in any written plan of corrective action are exceeded, either party may seek its legal remedies as provided below.
• If the parties cannot resolve a dispute then they shall seek to resolve the dispute or difference amicably by using an Alternative Dispute Resolution ('ADR') procedure acceptable to both parties before pursuing any other remedies available to them. If either party fails or refuses to agree to or participate in the ADR procedure or if in any event the dispute or difference is not resolved to the satisfaction of both parties within 60 days after it has arisen, the matter shall be settled in accordance with the procedure below.
• If the parties cannot resolve the dispute by the procedure set out above, the parties shall irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for the purposes of hearing and determining any dispute arising out of this Agreement. For the avoidance of doubt, the place of performance of this Agreement is agreed by the parties to be England.