Website Terms & Conditions

Website Terms and Conditions, Version 2 – 7th March 2012



This is the Chefsxpress Ltd website. Your use of this website is subject to the following terms and conditions, which you are deemed to accept each time you use the website.

1. DEFINITIONS

1.1 The following definitions apply:

"we" means  Chefsxpress Ltd and "our" shall be construed accordingly.
"you" means the person, firm, company or organisation browsing and/or using the Chefsxpress Ltd.co.uk website, and "your" shall be construed accordingly

2. INTERRUPTIONS AND OMISSIONS IN SERVICE

2.1 Whilst we try to ensure that the standard of this website remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this website (or any particular part of it) or to provide the service offered on this website. We may vary the specification of this site from time to time without notice.

3. LINKS TO OTHER SITES

3.1 On this site you will be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.

4. INFORMATION OBTAINED THROUGH THIS SITE

4.1 Whilst we make every effort to ensure that the information you obtain through this site and any associated sites, articles, blogs, postings, submissions, social media links and other media, is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. Irrespective of the source of the information, we supply it as a goodwill gesture to casual visitors, registered members, candidates and to clients who engage our services. We strongly advise you to obtain your own qualified legal and professional advice as appropriate. We do not accept any liability arising from any inaccuracy or omission in any of the information you obtain through this site or any liability in respect of information on this site supplied by you, any other site user or any other person.

5. YOUR USE OF THIS SITE

5.1 You may only use this Site for lawful purposes when seeking employment or help with your career or when recruiting staff. You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.
5.2 You are solely responsible for any information submitted by you to this site. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this site. We reserve the right to remove any information supplied by you from the website at our sole discretion, at any time and for any reason without being required to give any explanation.

6. INFORMATION SUBMITTED BY YOU

6.1 Chefsxpress Ltd and associated businesses or companies will use information supplied by you (including, without limitation, sensitive personal data) to aid the recruitment process and associated administrative functions or other services deemed as appropriate from time to time. This involves us and/or the Chefsxpress Ltd Corporate Family, amongst other things, processing and storing information (including, without limitation, sensitive personal data) and passing or making available online such information to prospective employers and clients; information about vacancies and placements will be passed to candidates and may be posted directly onto the website. We use third parties to help us process your information as part of the recruitment process. We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information. You consent to us and the Chefsxpress Ltd Corporate Family using information provided by you (including, without limitation, sensitive personal data) in each of these ways.
6.2 Please note that all Third Party recruitment agencies have to abide by our Terms and Conditions and should they be found to be in breach of the Terms and Conditions, they will be prevented from using our services.
6.3 We will process any data which you provide in completing the online registration or application forms and any further forms, assessments or personal details which you complete or provide to us when using this site in accordance with UK data protection legislation. We explain more about your personal data in our Privacy Policy.

7. TERMS OF BUSINESS

7.1 Each employment assignment or placement arising as a result of an introduction made by Chefsxpress Ltd will be subject to our standard Terms of Business as they are applicable in the circumstances. All prospective employers and clients for whom we arrange assignments or placements will be provided with a copy of the Terms of Business applicable to them at or following registration. Separate terms and conditions also apply to the use of our Recruiter site.

8. CONTENT RIGHTS

8.1 The rights in material on this site are protected by international copyright, software and trademark laws and you agree to use this site in a way which does not infringe these rights. You may copy material on this site for your own private or domestic purposes, but no copying for any commercial or business use is permitted.

9. SECURITY AND PASSWORDS

9.1 In order to register with this site and to sign in when you visit the site, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.

10. TERMINATION

10.1 We may terminate your registration and/or deny you access to the site or any part of it (including any services, goods or information available on or through the site) at any time in our absolute discretion and without any explanation or notification.

11. LIABILITY

11.1 We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the site and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to this website and your use of it to the maximum extent permitted by law.
11.2 You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this site.
11.3 You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of this site.

12. CHOICE OF LAW AND JURISDICTION

12.1 The use of this website and any agreements entered into through this website are to be governed by and construed in accordance with English law. The courts of England are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of this website or any agreement made through this website.
12.2 Some of the goods or services offered through this website may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using this website which you would not have suffered had you been accessing this website as a United Kingdom resident (including as a result of us being prevented from dealing with any application or enquiry by any law, regulation or other ruling applicable in any country).

13. CHANGES TO TERMS AND CONDITIONS AND INVALIDITY

13.1 These website terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use this site following any amendment.
13.2 If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Job Seeker Terms & Conditions

Job Seeker Terms and Conditions, Version 1 – 7th November 2011

1. DEFINITIONS

1.1. In these Conditions the words and phrases listed below shall have the following meanings unless contextually otherwise obvious:

"Advertisement" means any Advertisement issued by Chefsxpress Ltd on behalf of the Client;
"Applicant" means a Candidate who applies for a vacancy advertised on the Site;
"Application" means an Application made by a Candidate to a vacancy advertised on the Site;
"Candidate" or "Job Seeker" means a person who uses the Site for the purpose of finding employment;
"Client" means the person(s) who have signed a Service Agreement for use of the Chefsxpress Ltd Site and Services;
"Conditions" means these Standard Terms and Conditions;
"CV" means the curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is provided to Chefsxpress Ltd by a Candidate for distribution to Clients with a view to securing employment;
"CV Online" means a CV Service which enables the Client to upload or to search for and view CVs online using various search criteria;
"End Client" means the person to whom the Client's services are provided;
"Chefsxpress Ltd" means the trading name and Brand of the business through which recruitment a services are offered to potential employers and employees;
"Registration" means the process of application which a Candidate completes in order to register or to store and save their details and CV on Chefsxpress Ltd, for the purposes of securing employment;
"Screening Process" means the whole process through which the Candidate will be placed in the assessment for suitability for employment in specific roles or in general and includes the registration process, CV presentation, undertaking of a recorded Telephone or Video Interview and a Job Match & Personal Profile Blueprint (PPB), which is specifically designed to assess or compare the general and specific intelligence, logic, cognitive function, outward characteristics, underlying characteristics and the general traits and the basic integrity of the Candidate;
"Services" means the Services which Chefsxpress Ltd has agreed to provide to the Client and the Services which are available on the Site for use by Candidates;
"Service Agreement" means the service agreement entered into between the Client and Chefsxpress Ltd;
"Site" means the Site at www.Chefsxpress Ltd.co.uk or any other website operated and maintained by Chefsxpress Ltd from time to time;

1.2 In these Conditions:
1.2.1. references to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
1.2.2. references to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admits or requires;
1.2.3. words importing persons include individuals, bodies corporate and unincorporate; and
1.2.4. headings will not affect their construction.

2. APPLICATION OF THE TERMS

2.1. These Terms and Conditions, to the exclusion of all previous terms and conditions issued by Chefsxpress Ltd, in conjunction with the website terms and conditions and the privacy policy shall apply to any Candidate who registers for the services of Chefsxpress Ltd after the date on which these Conditions were posted on the Site.

2.2. These Conditions are deemed to be fully read and accepted by the Candidate upon electronic acceptance of these Conditions during Registration, or in the case of a Candidate who has not completed Registration, when an Application is made.
2.3. No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of Chefsxpress Ltd.

3. SERVICES GENERALLY

3.1. Chefsxpress Ltd does not make any representation whatsoever about any Advertisement accessed either on, by virtue of or by way of any links from the Site nor about any of the Clients who use Services on the Site. Chefsxpress Ltd relies on information provided to it by Clients and via third parties and accordingly it is a matter for the Candidate to satisfy itself as to the suitability of any Client using Services on the Site or of any Advertisement found directly or indirectly through the Site.
3.2. Chefsxpress Ltd shall be entitled at anytime without notifying the Candidate 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
3.3. Any intellectual property, ideas, concepts, know-how or techniques developed by Chefsxpress Ltd or obtained during the execution of the Services will be owned exclusively by Chefsxpress Ltd.
3.4. Chefsxpress Ltd shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control.
3.5. The Candidate accepts that Chefsxpress Ltd shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Candidate's failure to comply with these Conditions.
3.6. The Candidate agrees to provide Chefsxpress Ltd, in such a format as Chefsxpress Ltd may request, any information necessary to enable Chefsxpress Ltd to provide those Services.
3.7 Chefsxpress Ltd shall not be obliged to provide those Services until the Candidate has supplied it with the information, necessary to provide those Services.

4. CVS

If the Candidate has saved their details and stored a CV on Chefsxpress Ltd, the provisions of this clause shall apply thereto.

4.1. The Services are subject to any instructions from a Candidate that his or her details should or should not be made available to the Client and Chefsxpress Ltd will only make available or supply copies of the CVs which have been received by it for distribution to Clients of Chefsxpress Ltd solely for the purpose of securing suitable employment for the Candidate.
4.2. Chefsxpress Ltd cannot guarantee the minimum number of times a CV will be viewed by or distributed to Clients over any given period of time.
4.3. Chefsxpress Ltd will (under normal circumstances) ensure that CVs are made available to suitable Clients as soon as practical after receipt of the CV from a Candidate,
4.4. Chefsxpress Ltd may, at its discretion and without notice, report improper or illegal use of CVs or the Services by the Candidate to its Clients.
4.5. Chefsxpress Ltd has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Candidate information or CV accepted by it.
4.6. Chefsxpress Ltd may refuse, withdraw, or require to be amended, any Candidate information or CV which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon Chefsxpress Ltd or the Candidate or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
4.7. The Candidate hereby undertakes that:
4.7.1 the details and CV they store and save on Chefsxpress Ltd are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
4.7.2 that if any of the information stored and saved on Chefsxpress Ltd for the purposes of securing employment is found to be false or inaccurate in any way, that Chefsxpress Ltd reserves the right to remove those details and/or suspend the use of the Services on the Site for the Candidate;
4.7.3 in respect of any information or CV submitted by the Candidate 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 Candidate has obtained the authority of such living person to make use of such name, representation and/or copy;

5. APPLICATIONS AND APPLICATIONS FORMS

If the Candidate makes an Application or is required to complete an Application Form as part of an Application, the provisions of this clause shall apply thereto:

5.1. The Candidate hereby undertakes that:
5.1.1. they have fully read and understood the requirements of a vacancy Advertisement on the Site to which they make an Application;
5.1.2. they have the appropriate skills and qualifications required by the Client and the necessary qualifications required by law;
5.1.3. they satisfy or will attend to the necessary immigration requirements of the country in which the position will be situated;
5.1.4. the details they provide to the Client as part of an Application or in an Application Form are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
5.1.5. that if any of the information used in an Application or Application Form is found to be false or inaccurate in any way, that Chefsxpress Ltd reserves the right to remove those details and/or suspend the use of the Services on the Site for the Candidate;
5.1.6. in respect of any information submitted during the Application by the Candidate 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 Candidate has obtained the authority of such living person to make use of such name, representation and/or copy.
5.2. Chefsxpress Ltd has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Application accepted by it.
5.3. Chefsxpress Ltd may refuse, withdraw, or require to be amended, any Application which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon Chefsxpress Ltd or the Candidate or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
5.4. When a Candidate makes an Application through the Site, Chefsxpress Ltd will pass the Candidate's details to the Client who placed the Advertisement for the purpose of that one Application only.
5.5. The Candidate accepts that Chefsxpress Ltd cannot be held responsible for the content of Advertisements on the Site and that no obligations are imposed on Chefsxpress Ltd in this regard.

6. SCREENING PROCESS, TESTING AND INTERVIEWING

If the Candidate makes an Application or Registers by whatever means then as part of an Application, the provisions of this clause shall apply thereto:

6.1. The Candidate hereby undertakes that:
6.1.1. they will avail themselves to the Screening Process and fully accept that the results from any element of the Screening Process will be utilised by Chefsxpress Ltd at its sole discretion in its assessment of the Candidate and in its recommendation to potential employers. The Screening Process is an essential part of the Chefsxpress Ltd service and should the Candidate be unsuccessful either directly or indirectly as a result of any part of the Screening Process or the Chefsxpress Ltd recommendation, then the Candidate agrees not to hold Chefsxpress Ltd responsible or liable in any way whatsoever for any personal sufferance or consequential loss.
6.1.2. they will answer all questions in the Screening Process in a truthful manner and not in any way attempt to falsely skew or facilitate answers which alter the analysis of the results of the Screening Process and produce a result which is not a natural or truthful assessment of the candidate.

7. CANDIDATES OBLIGATIONS

7.1. The Candidate agrees that:
7.1.1. it has read, understood and agrees to the Privacy Policy or Statement available on the Site;
7.1.2. it will keep confidential and not disclose to any person the password used by them in relation to the Services;
7.1.3. it will be responsible for any misuse of all such passwords.

8. LIABILITY

8.1. Chefsxpress Ltd will not be liable (whether in contract or tort) for:
8.1.1. any loss of copy, artwork, photographs, data, CVs or other materials that the Candidate supplies to Chefsxpress Ltd and the Candidate shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
8.1.2. any mistakes or errors whatsoever that arise during the course of use of the Services 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 Candidate;
8.1.3. for any failure to secure employment or consequential loss (whether caused by the negligence of Chefsxpress Ltd, its employees or agents);
8.1.4. any delay, costs, expense, loss, 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 Chefsxpress Ltd or as a result of the acts or omissions of the Candidate;
8.1.5. any loss or damage whatsoever howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, or the wrongful disclosure of confidential information by, any Client. It is for the Candidate to satisfy itself as to the integrity and reliability of all vacancy Advertisements placed on the Site;
8.1.6. any breach of agreement or infringement or violation of any right of any person or be rendered liable to any proceedings whatsoever, as a result of any information or CV or Application submitted to it by the Candidate and the Candidate indemnifies Chefsxpress Ltd against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Chefsxpress Ltd as a result of this undertaking and warranty being incorrect.
8.2 Nothing in these Conditions will restrict or exclude Chefsxpress Ltd's liability for death or personal injury caused by its own negligence.
8.3 The Candidate agrees and acknowledges that no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of Chefsxpress Ltd in respect of or in connection with the Services and accordingly the Candidate confirms that it has not, in accepting these Conditions, relied on any condition, warranty or representation by Chefsxpress Ltd or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services. The benefit of any such condition, warranty or representation by Chefsxpress Ltd is hereby irrevocably and unconditionally waived by the Candidate.

9. TERMINATION AND CANCELLATION

9.1 These Conditions apply unless replaced by subsequent Conditions or unless terminated under Clause 9.2 of these Conditions.
9.2. Either party may, at its sole discretion, terminate the provision of the Services to the Candidate at any time by notice in writing to the other party (the "Defaulting Party") if the Defaulting Party is in breach of these Conditions and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied.
9.3. The Candidate shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by Chefsxpress Ltd arising out of the Candidate's breach of its obligations under these Conditions (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by Chefsxpress Ltd).

10. NOTICES

10.1. Notice required or permitted to be given under these Conditions shall:
10.1.1. be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or
10.1.2. be in the form of an email addressed to Chefsxpress Ltd at info@Chefsxpress Ltd.co.uk (or such other address as supplied by Chefsxpress Ltd) or if to the Candidate, to the address provided in the Candidate's details submitted during Registration or as subsequently amended and the Candidate will be deemed to have received such notification within one hour of transmission.
10.2. The Candidate is responsible for notifying Chefsxpress Ltd of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to Chefsxpress Ltd by email.

11. GENERAL

11.1. If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
11.2. Any waiver by Chefsxpress Ltd of any breach of, or any default under, any provision of these Conditions by the Candidate will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.
11.3. Failure or delay by Chefsxpress Ltd in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.
11.4. The parties to these Conditions do not intend that any clause of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

12. LAW

12.1. These Conditions and any contract into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts:

 

Employer Terms and Conditions

Employer Terms and Conditions Version 1 - 7th November 2011

1. The following definitions apply:

"Client" means the trader, company, firm or organisation which has set up an account with Chefsxpress Ltd in order to use the Services.

"Candidate" means a person whose details are supplied to the Client for the purpose of fulfilling a vacancy referred to Chefsxpress Ltd by the Client.

"Commencement Date" means the date for the commencement of the Services as set out in the Sales Order or Order Confirmation.

"Sales Order" or "Order Confirmation" means any method confirming the purchase of one or more of the Services either through the web site or verbally or by the form signed by the Client or by email or by fax confirming details, key terms and pricing of the Services ordered by the Client.

"Service" or "Services" means the Candidate sourcing or recruitment services provided by Chefsxpress Ltd.

"Engagement" means the engagement, employment or use of the Candidate by the Client or any third party associated with the Client on a permanent or fixed contract or temporary or agency or locum or consultancy or on any basis whatsoever which is of benefit to the Client's business or any third party associated with the Client's business.

"Introduced" or "Introduction" means the forwarding any of the Candidate's details to the Client or the passing to the Client of a curriculum vitae or information which identifies the Candidate; and which leads to an Engagement of that Candidate.

"Start Date" means the day a Candidate begins their term of employment or commences their engagement.

"Terms" means these terms and conditions and key terms highlighted on the Order Confirmation.

"Website" means www.Chefsxpress.co.uk and directly associated web sites and includes without limitation its content, databases, software, code and graphics.

2. Chefsxpress Ltd shall provide recruitment Services in accordance with these Terms and provide approved Clients access to the Services. The Service does not constitute an offer by Chefsxpress Ltd, and Chefsxpress Ltd reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.

3. A legally binding contract between Chefsxpress Ltd and the Client comprising these Terms and the Order Confirmation will come into effect when Chefsxpress Ltd has received and accepted the Client's Order Confirmation at the price agreed on the Order Confirmation. For the avoidance of doubt, the Website terms and conditions apply in addition to these Terms.

4. Chefsxpress Ltd shall perform the Services using information and criteria supplied by the Client. It is the Client's responsibility to provide accurate and up to date information.

5. The Client undertakes not to submit for inclusion in any job posting, its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect Chefsxpress Ltd or Chefsxpress Ltd's reputation.

6. The Client agrees to notify Chefsxpress Ltd immediately of any offer of Engagement which it makes to the Candidate and to notify Chefsxpress Ltd immediately that its offer of an Engagement to the Candidate has been accepted and to provide details of the Remuneration to the Chefsxpress Ltd.

7. Should the Client, or an associate or business or company associated with the Client, appoint a Candidate introduced by Chefsxpress Ltd to the Client the Client shall pay Chefsxpress Ltd an additional fee at the same rate as the original fee invoiced for the Service to the Client. Should the Client, or an associate or business or company associated with the Client, appoint a Candidate introduced by Chefsxpress Ltd to the Client within 24 months of the introduction, and fail to notify Chefsxpress Ltd of the engagement, the Client shall pay Chefsxpress Ltd the full fee that would have been originally invoiced to the Client plus an additional administration fee at the same rate as the original fee.

8. Chefsxpress Ltd shall issue an invoice to the Client on completion of the Service which shall be deemed as the employment/engagement Start Date of a Candidate introduced to the Client. The Client shall pay Chefsxpress Ltd's invoice within 14 days or as per other expressly agreed terms which will be noted on the invoice. In the event of late payment, without prejudice to any other remedy, Chefsxpress Ltd reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.

9. In the event that a Candidate leaves the employment of the Client any Candidate replacement offer or any other fee rebate structure or money-back guarantee agreed will be invalidated should Chefsxpress Ltd's invoice not be paid by the Client within the invoiced 14 day terms or within other expressly agreed terms. Where a replacement candidate is available but refused by the client or where a vacancy no longer exists after a candidate leaves within the candidate free replacement offer period then the original agreed fee shall remain payable.

10. Once an Order Confirmation or confirmation in any format has been received and approved by Chefsxpress Ltd work will commence on the Client's order.

11. Chefsxpress Ltd may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation prior to any change or withdrawal of the relevant Service.

12. Chefsxpress Ltd reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.

13. Without prejudice to any other remedy, Chefsxpress Ltd may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if Chefsxpress Ltd has reasonable grounds to believe that the Client cannot or will not pay its debts.

14. Chefsxpress Ltd reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:

a. those of Clients who have not provided full or accurate contact or company information

b. those of Clients that Chefsxpress Ltd considers to be acting inappropriately or illegally

c. those of Clients that use the Website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site

d. those of Clients who fail Chefsxpress Ltd's credit checking process, or who default on payment.

15. The Client agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.

16. All intellectual property rights connected with the Services and/or the Website shall remain vested in Chefsxpress Ltd or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.

17. Chefsxpress Ltd cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results.

18. Chefsxpress Ltd shall not be in breach of these Terms if events beyond its reasonable control prevent Chefsxpress Ltd from performing the Services.

19. It is the Client's responsibility to protect their computers against any viruses and malware.

20. These Terms and where appropriate the Order Confirmation contain the entire agreement and understanding between Chefsxpress Ltd and the Client. The Client acknowledges that it has not relied on any representation made by Chefsxpress Ltd in entering this contract; however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.

21. In the event that the Client makes a claim against Chefsxpress Ltd for whatever reason, Chefsxpress Ltd's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall Chefsxpress Ltd be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude Chefsxpress Ltd's liability for death or personal injury by negligence or any other liability which cannot by law be excluded.

22. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.

23. Notices to Chefsxpress Ltd shall be sent by email to info@Chefsxpress Ltd.co.uk and notices to the Client shall be sent by email to the address supplied on set up of the Client's account. Notices may be backed up by either party by post or other methods.

24. Chefsxpress Ltd monitors the quality of vacancies and services in order to provide better products and service to Candidates and clients. From time to time Chefsxpress Ltd and its parent company and associated trading names will contact the Client in order to evaluate the services they and Candidates receive and also to promote other services and products.

25. The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of Chefsxpress Ltd or of any member of the Chefsxpress Ltd Corporate Family. Breach of this clause shall be a material breach and will entitle Chefsxpress Ltd, without prejudice to any other remedies it may have, to terminate the Client's account and Services immediately.

26. By submitting a vacancy to the Website or by email or by any other method, the Client is authorising Chefsxpress Ltd to post such vacancy and submit Candidates ranked by Chefsxpress Ltd in accordance with the Client's criteria (if any).

27. The Client is responsible for the content of the vacancy and will indemnify Chefsxpress Ltd against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.

28. The Client shall include in the job description the following information:

a. Any qualifications and/or authorisations required by law or any or by any relevant professional body;

b. If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or

c. Where the Client is an employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.

29. The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.

30. Applicants' responses will be forwarded by Chefsxpress Ltd by e-mail subject to any filtering and screening. The Client is responsible for verifying the information contained in applicants' responses and Chefsxpress Ltd accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.

31. All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job posting are the responsibility of the Client, and Chefsxpress Ltd accepts no liability whatsoever therewith. The Client will indemnify Chefsxpress Ltd against any Losses in connection therewith.

32. The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, and the Employment Equality (Age) Regulations 2006. The Client shall indemnify Chefsxpress Ltd against any Losses in connection therewith.

33. The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on Chefsxpress Ltd's site, communications with applicants and management of applicants' details. The Client shall indemnify Chefsxpress Ltd against any Losses in connection therewith.

34. The Client shall not post any vacancy where:

a. there is a risk to the health and safety of any applicant at the location where either the interview or the work is to be performed, unless the Client undertakes to inform Chefsxpress Ltd and the Candidates of such risks and the steps taken to prevent or control such risks; or

b. the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the Candidate to be placed, (i) to obtain copies of any relevant qualifications or authorisations of the Candidate; (ii) to obtain two references from persons who are not relatives of the Candidate; and (iii) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the Candidate is not unsuitable for the position concerned.

By posting any vacancy set out in sub-clauses (a) and (b) above, the Client is deemed to give the relevant undertakings. Where the Client is an employment business or agency, the Client shall offer copies of the documents obtained under above sub-clauses (b)(i) and (b)(ii) to the hirer.

35. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold Chefsxpress Ltd harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.

36. Chefsxpress Ltd reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:

a. those that Chefsxpress Ltd considers illegal, inappropriate or fraudulent

b. those that directly or indirectly require or ask for application or registration fees

c. those that advertise franchise, pyramid, network marketing or get-rich-quick schemes

d. those that have been indiscriminately posted or duplicated across multiple sectors

e. those that advertise websites, services, businesses, business opportunities and/or contact details

f. those of Clients who solicit staff from the Chefsxpress Ltd family of trade names or companies