These are the terms and conditions on which we supply the Employer Profile Service to you (the ‘Agreement’), which govern your ability to advertise on the website ucas.com (the ‘Website’) together with our Display Guidelines, which can also be found here.
1. These Terms
a. These Terms constitute the entire agreement between us in relation to your purchase and/or use of the Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. Information about us and how to contact us
a. UCAS Media Limited is a company incorporated in England and Wales with company number 02737300 whose registered office is at Rosehill, New Barn Lane, Cheltenham, Gloucestershire, GL52 3LZ. It is a wholly owned subsidiary of Universities and Colleges Admissions Service (UCAS). Throughout these Terms, ‘we’, ‘us’ ‘our’ shall mean UCAS Media Limited.
b. You can contact us by telephone on 01242 544881, by email to services@ucas.ac.uk or in writing to the above address.
c. When we use the words "writing" or "written" in these Terms, this includes emails.
3. Our Agreement with you
a. Throughout these Terms, ‘you’, ‘your’ shall mean the company, organisation or employer placing the order for Services.
b. Your request for us to provide you with Services will not become legally-binding until you sign and return the Order Acknowledgement, or we begin to supply you with the Services, at which point an Agreement will come into existence between you and us.
c. We may accept or reject your request at our absolute discretion.
d. We may have to suspend the supply of a Service to:
(i) deal with technical problems or make minor technical changes;
(ii) update the service to reflect changes in relevant laws and regulatory requirements; or
make changes to the service as requested by you or notified by us to you (see paragraph 6).
4. Providing the Services
a. We will begin the services on the date set out in the Order Acknowledgement, or on such other date as we may have agreed with you.
b. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency.
c. Where the Services provide links to other websites and resources provided by third parties, these links are provided for your information only. We have not verified, do not approve or endorse and have no control over any of the linked websites or information you may obtain from them.
d. We will make reasonable efforts to provide uninterrupted access to our sites and the Services, but, due to technical issues that are often beyond our control, we cannot guarantee that the sites and Services will be uninterrupted or error-free. We are not responsible for delays or errors in data caused by transmission of that data via the internet.
e. You may be permitted to submit content, on our sites as part of receiving the Services. You will own any content you submit (see paragraph 8.a). You give us the right to use your content in connection with the Services, or the promotion or distribution of the Services in any format and via any media channel. If you do not agree to us doing this, then you must not submit any content.
f. Whilst we do not routinely monitor the sites and Services for content that breaches these Terms, we may review the content submitted by you and other customers to determine whether it breaches these Terms, and we may remove or alter any content without notice.
g. We are not liable for any injury or damage caused by other customer’s content, even if that content breaches these Terms. We will make reasonable efforts to remove any content that breaches these Terms after it has been expressly brought to our attention. If you become aware of any content that breaches these Terms, you can report it by emailing us at services@ucas.ac.uk.
h. Where we provide you with a company user account, you are responsible for all activity which occurs under that user account. You must not:
(i) create a false user account, use incorrect information to create a user account nor access the sites or the Services in any other unauthorised manner;
(ii) use another person’s user account to access the sites or the services, nor share your user account with any other person;
(iii) infringe another person’s privacy, nor collect, use or publish another person’s personal information without their consent; nor impersonate any other person;
(iv) copy, modify, reproduce, transmit, record, republish nor distribute any of the content on the sites or providing to you as part of the Services;
(v) create any similar or derivative content to any of the content on the sites or providing to you as part of the Services;
(vi) use any automated system, such as ‘robots’, ‘spiders’ or offline readers, to access the sites or the Services;
(vii) make or submit any sexually explicit, graphically violent or racially, culturally or ethnically offensive content, nor any content that is or may be harmful, harassing, intimidating, threatening, hateful, discriminatory, abuse or illegal;
(viii) use the account or the Services in a manner that contravenes the UCAS Business Partner Code of Conduct; nor
(ix) submit or transmit any virus, malware or other malicious or potentially harmful code.
5. Employer Profile Service
a. The Employer Profile Service is the service provided by UCAS Media which allows employers (or the advertising agency or media buyer for such employer) to place and access their profile and advertisements on, and to themselves upload advertisements and employer information to, the Website.
b. Employer Profiles for inclusion on the Website are accepted subject to these Terms.
c. UCAS Media permits you access to the Services on the basis that:
(i) you are:
- a bona fide employer: either a direct employer or a recruitment consultant or advertising agency or media buyer acting on the instructions of a recruiter or recruiters;
- a training or education provider; or
- a careers-related information provider.
(ii) your password is personal to you and may not be used by any third party to access any of the Services or otherwise shared with or disclosed to any third party. If you become aware that any third party has access to your password, you must notify UCAS Media immediately and UCAS Media shall provide you with a new password as soon as reasonably practicable. You must keep your password safe and secure;
(iii) you will not knowingly create additional accounts for the purpose of abusing the functionality of the Services, or other users nor will you attempt to impersonate another user or the representative of another user;
(iv) you will not do anything which would help anyone who is not a registered user to gain access to the Services or misuse the Services; and
(v) if, for any reason, we believe that you have not complied with these Terms or have, or are abusing the Services in any way, we may, at our sole discretion, cancel, suspend or otherwise restrict your access to the Services immediately, without first notifying you.
d. We allow you access to the Service on the basis that you are fully responsible and liable for the acts and/or omissions of advertising agencies or media buyers placing profiles or advertising on behalf of your business, including:
(i) granting UCAS Media a non-exclusive, perpetual, royalty-free, worldwide licence to publish the profile or advertisements in any format, including without limitation electronic formats;
(ii) granting UCAS Media a royalty-free non-exclusive licence to use your names, trademarks and/or logos as UCAS Media may consider necessary in connection with publishing your profile or advertisements; and
(iii) uploading your profile or advertisements.
e. Publication of any profile or advertisements is at UCAS Media's sole discretion. UCAS Media reserves the right to make additions, amendments or deletions to the content of any profile or advertisements if such profile or advertisements is considered to contain any unsuitable material or material which is contrary to these Terms and accepts no liability in respect of this right.
f. You warrant, represent and undertake to us that, you will or you will ensure that the advertising agency or media buyer responsible for your profile or advertising will:
(i) not request financial information from jobseekers responding to an profile or advertisements; and
(ii) be responsible for ensuring that all information in relation to any profile or advertisements is correct including the content, the period of time over which it is placed and the category.
g. In addition you warrant, represent and undertake to us that:
(i) the profile or advertisements are not libellous, blasphemous, racially inflammatory, offensive or obscene in any way and do not contravene any third party rights (including without limitation any intellectual property rights);
(ii) your website and any landing page linked to from the profile and advertisements will:
a. be legal, decent, honest and truthful,
b. not be contrary to the provisions of any applicable law, regulation or code of practice,
c. not be libellous or obscene or infringe the rights of any person (including intellectual property rights);
d. not damage, demean or otherwise diminish the image or reputation of UCAS Media or UCAS or the Website;
e. be free from viruses, adware, bit torrents and/or malware, or adversely effect on the operation of the Websites.
(iii) the profile or advertisements are not contrary to the provisions of any applicable law or regulation;
(iv) you will have all necessary rights, consents, licences, clearances and waivers in relation to the profile or advertisements (and all content thereof) to enable UCAS Media to publish the Advertisements. You are solely responsible for any and all payments due to third parties as a result of such publication;
(v) profile or advertisements submitted by you for publication online will be free of any computer code, programming instruction or set of instructions written with the intention and with the ability to damage, interrupt with or otherwise adversely affect the operation of computer programs, data files or hardware) and no material you might upload shall adversely effect the operation of the Website to the extent that the whole or part of such sites shall be wholly or partially unavailable to users;
(vi) you will not set or seek to set cookies or other code with the intention of monitoring the activity of jobseekers and other users of the Website;
(vii) in relation to an profile or advertisements you contract with UCAS Media as a principal notwithstanding that the you may be acting directly or indirectly on behalf of the advertiser as an agency, a buyer or other representative;
(viii) nothing in the profile or advertisements will constitute an invitation or inducement to engage in investment activity within the meaning of the Financial Services and Markets Act 2000;
(ix) the information supplied in relation to the advertisement is accurate, complete and true;
(x) the publication of the profile or advertisements by UCAS Media as from time to time submitted will not infringe the rights of any person or result in liability on the part of UCAS Media;
(xi) the profile or advertisements complies with all relevant legislation (including without limitation the Equality Act 2010 and any subordinate legislation and the rules of statutorily recognised regulatory authorities) in force or applicable in the United Kingdom at the time of publication and any other relevant time; and
(xii) all copy submitted to UCAS Media is legal, decent, honest and truthful and complies with the British Codes of Advertising and Sales Promotion and all other relevant codes.
h. Any acceptance of an profile or advertisements by UCAS Media shall not be deemed to constitute an acceptance by UCAS Media that such profile or advertisements is provided in accordance with these Terms and shall not constitute a waiver of UCAS Media's rights hereunder.
i. You will be liable for the full cost of the profile or advertisements cancelled by you after the profile or advertisements has been uploaded.
j. You hereby warrant, represent and undertake to UCAS Media that:
(i) You will only use the Services and any information you receive under the Services for your recruitment related activities only;
(ii) You will not sell, sub-licence, sub-contract, rent or otherwise supply any information you receive under the Services to any third party without our written approval; and
(iii) that you are registered with the Information Commissioner's Office (or you warrant that you are exempt) for the purpose of processing and controlling personal information you may store or utilise in any way in connection with use of the Services and you have complied and will comply with all relevant Data Protection Legislation, including the UK GDPR and the Data Protection Act 2018, with all relevant requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as from time to time amended and with any guidance issued by the Information Commissioner’s Office.
k. You will not use the Services in any way to damage, demean or in any way diminish the image or reputation of UCAS, UCAS Media, the Website or any other employers who use the Services.
6. Changes to the Services
a. We may change the Service:
(i) to reflect changes in relevant laws and regulatory requirements; or
(ii) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not significantly affect your use of the service.
b. We may update or require you to update content from time to time, provided that the content shall always match the description of it that we provided to you before you bought it.
7. Price and Payment
a. The price of the Service (which includes VAT) will be the price set out in the order acknowledgement.
b. If the rate of VAT changes between the date you submit your request to us and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
c. You shall pay for the Service in accordance with the order acknowledgement. The invoice shall specify if payment is required in advance of the service, or strictly within 30 days from the date of the invoice.
d. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
e. If you do not make any payment to us by the due date:
(i) we may suspend the performance of the services, or restrict your access to any digital content; and/or
(ii) we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
f. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
8. Ownership
a. You will remain the owner of any information, materials, images or artwork that you provide to us.
b. Unless we have agreed otherwise with you in writing, all other rights in the Services shall remain owned by us.
9. Our rights to end the contract
a. In addition to our rights under this Agreement, we may end the Agreement for a Service at any time by writing to you if:
I. you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
II. you do not comply with these Terms;
III. you do not provide us with information that is necessary for us to provide the Services within a reasonable time of us asking for it;
IV. you become insolvent (including being unable to meet your financial obligations when they fall due) propose any form of voluntary arrangement, or have a receiver, administrator or manager appointed over the whole or any part of your business or assets;
V. if any petition shall be presented, order shall be made or resolution passed for your winding up, bankruptcy or dissolution including the appointment of liquidators, receivers or special managers;
VI. if you otherwise propose or enter into any composition or arrangement with your creditors or any class of them, or if we have good reason to believe that any such event might take place.
10. Indemnity
You agree to indemnify UCAS Media on demand and hold UCAS Media harmless against all demands, claims, proceedings, losses, damages, costs, expenses or liability (including without limitation any consequential losses or loss of profit and any legal fees) whatsoever arising as a result of any breach or non-performance or non-observance of any of the representations, warranties or other terms contained herein or implied by law in accordance with these Terms or by any failure otherwise by you to meet your obligations as imposed by these Terms of by the laws and regulations to which they refer.
11. Liability
a. Nothing in these terms shall limit or exclude our liability for:
I. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
II. fraud or fraudulent misrepresentation;
III. section 2 of the Supply of Goods and Services Act 1982; or
IV. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
b. Subject to paragraph 11a above:
I. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any economic losses, such as loss of profit, contracts, or anticipated savings, or any indirect or consequential loss arising under or in connection with any contract between us, or any loss of goodwill or reputation; our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for Services under such contract.
c. UCAS Media accepts no liability for any delay or disruption whilst using any of the Services or for any loss or damage to your account or any loss or damage which is caused by an error of any kind or technical fault.
d. We make no guarantees or representations and gives no warranties as to the quality and/or suitability for your purposes, of the jobseekers who respond.
e. We do not guarantee uninterrupted availability of any of the Services and accepts no liability for any unavailability including without limitation that which is due to error of any kind or technical fault. We shall have no liability for failure or delay which adversely affects the transmission of any Website, where such failure or delay results from any act, omission, interruption, fault or other condition beyond our reasonable control.
f. In the event that our supply of the Services is delayed, restricted, curtailed or prevented by any act or thing beyond our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay, we may end the contract without prejudice to our right to be paid any monies due at any time.
12. How we may use your personal information
We will only use your personal information as set out in our privacy policy, which is available on our site at https://www.ucas.com/privacy-policy.
13. Confidentiality
a. Both parties (and our staff, agents or sub-contractors) to the contract undertake to treat as confidential and keep secret all information marked 'confidential' or which may reasonably be supposed to be confidential (‘Confidential Information’) with the same degree of care that it employs with regard to its own confidential information of a like nature and in any event in accordance with best current commercial security practices. Such Confidential Information shall not be disclosed by the receiving party to others for any purpose without the prior written consent of the disclosing party.
b. The provisions in Clause 13a shall not extend to any confidential information which:
I. is in or becomes a part of the public domain (otherwise than by breach of this contract);
II. was in the lawful possession of the receiving party prior to the disclosure under this contract and was not unlawfully obtained directly and indirectly, or
III. is required to be disclosed by law.
c. Nothing in this clause shall prevent either party from using any techniques, ideas or know-how gained during the performance of the contract in the furtherance of its business, to the extent that this does not result in a disclosure or use of Confidential Information or an infringement of intellectual property rights or in any way constitute a breach of the Terms.
14. Other important terms
a. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.
b. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
c. These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site and/or one or more of the Services after it has been posted.
d. This Agreement is between you and us. No other person shall have any rights to enforce any of its Terms.
e. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
f. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the service, we can still require you to make the payment at a later date.
g. We shall not be liable if our supply of the services is delayed or prevented because of circumstances beyond our reasonable control. Our obligations under the Agreement will be suspended until such time as the Agreement is terminated by us in accordance with paragraph 9, or we are able to recommence the supply of the Services.
h. These Terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales.