We are Jobs in Maritime Ltd (the Company) of SusCon, Brunel Way, The Bridge, Dartford DA1 5FW including, for the purposes of these Terms of Business, our branch offices and our subsidiary companies (as defined by s.1159 Companies Act 2006) or our associated bodies corporate (as defined by s.256 Companies Act 2006) (throughout “we”, “us”, “our” and “ours”).

You are the recipient (Advertiser) of these Terms of Business and as such you and a Connected Person are our client for the purposes of these Terms of Business (throughout “you”, “your” and “yours”).

ACCEPTANCE – The terms in this document set out the arrangements and fees for our Job Posting and Advertisement services, together with the information that we need to collect from you to enable us to provide our services and comply with applicable regulations. You are deemed to have accepted these Terms of Business when you accept our quotation(where applicable) or from the date of any engagement of the Services (whichever happens earlier) and these Terms of Business and our quotation (the Contract) are the entire agreement between us.

Services

1. Jobs in Maritime warrants that we will use reasonable care and skill in the performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to our Job Posting and Advertising Services which are deemed necessary to comply with any applicable law or safety requirement. We will notify you where such changes are necessary.

2. We will use our reasonable endeavours to complete the performance of the service within the time agreed or as set out in the quotation, however, time shall not be of the essence in the performance of our obligations.

3. All of these Terms apply to the supply of any goods as well as Services unless otherwise specified.

Your Obligations

4. You must obtain any permissions, consents, licences or otherwise that is required and must grant Jobs in Maritime access to any and all relevant information, materials and any other matters necessary in providing the Service.

5. Failure to comply with clause 4 may result in Jobs in Maritime terminating our Service.

6. Jobs in Maritime will not be liable for any delay or failure or provide the Services if this is caused by your failure to comply with the provisions of this section (Your Obligations).

Fees

7. The Fees for our Job Posting and Advertising Services are set out above.

8. The Advertiser agrees to pay Jobs in Maritime for any additional services provided by us that are not specified in the quotation in accordance with the applicable rate in effect at the time of performance or such other rate as may be agreed between us.

9. The fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent Authority.
Cancellation and Amendment

10. Either the Advertiser or Jobs in Maritime may cancel an order for any reason prior to your acceptance (or rejection) of the quotation.

11. You must inform Jobs in Maritime in writing, as soon as possible, should you wish to make any amendments to the details of the Services. We will use reasonable endeavours to ensure any required changes and additional costs will be included in the fees and invoiced to you.

12. If due to unforeseen circumstances which include but are not limited to: power failure; Internet Service Provider failure; industrial action; civil unrest; fire; flood; storms; earthquakes; act of terrorism; acts of war; governmental action or any other event that is beyond the control; changes need to be made to the Service and it is provided, Jobs in Maritime will notify you immediately. All reasonable endeavours to keep any such changes to a minimum. If the delay continues for a period of 90 day either party may terminate or cancel the Services to be carried out under these Terms of business.

Payment

13. Jobs in Maritime will issue an invoice for payment of Job Posting within seven days of receipt of the order confirming the Job Posting or Advertisement. Payment is due within fourteen days of the invoice date.

14. Without limiting any other right or remedy Jobs in Maritime has for statutory interest, fees not paid within the period set out above will be subject to an interest charge of 2% per annum above the base lending rate of the Bank of England on the amount outstanding until the payment is received in full.

15. Fees for self-service Job Postings and Advertisements are payable at the time the online order is placed.

16. All payments due under these Terms of Business must be made in full without any deduction or withholding except as required by law and neither parties can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

17. Failure to pay the fees within the period set out above, may lead to Jobs in Maritime suspending any further provision of Service and cancelation of any further Service which have been ordered by or otherwise arranged with you.

18. All payments must be made in Pound Sterling (£) unless otherwise agreed in writing between Jobs in Maritime and the Advertiser.

Termination

19. Jobs in Maritime may terminate the provision of our Job Posting and Advertising Service immediately if the Advertiser:
i) commits a material breach of obligations under these Terms of Business;
ii) fails to pay any fees due on the payment date;
iii) becomes, or in our reasonable opinion, is due to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor;
iv) enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors;
v) convenes any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, a manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the Court for the appointment of an administrator in respect of the business, notice of intention to appoint an administrator is given by you or any of your Directors, a resolution is passed or petition presented to any Court for your winding up or for the granting of an administration order in respect of your business, or any proceedings are commenced relating to the insolvency or possible insolvency of the business.

Liability and Indemnity

20. Jobs in Maritime’s liability under these Terms of Business, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.

21. The total amount of the Company’s liability is limited to the total amount of fees payable by you under the Contract.

22. Jobs in Maritime is not liable (whether caused by our employees, agents or otherwise) in connection with our provision of Job Posting and Advertising Services or the performance of any of our other obligations under these Terms of Business or the quotation for:
i) any indirect, special or consequential loss, damage, costs or expenses;
ii) any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption; or other third part claims;
iii) ay failure to perform any of our obligations if such delay or failure is due to any cause beyond the Company’s reasonable control;
iv) any losses caused directly or indirectly by any failure or your breach in relation to your obligations;
v) any losses arising directly or indirectly from the choice of Services and how they will meet the requirements of your business or your use of the Service or any foods supplied in connection with the Service;

23. The Advertiser must indemnify Jobs in Maritime against all damages, costs, claims and expenses suffered by us arising from any loss of damage to any equipment (including that belonging to third parties) caused by the Advertiser or your agents or employees.

24. Nothing in these Terms of Business shall limit or exclude the liability of Jobs in Maritime for death or personal injury caused by our negligence or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Data Protection

25. When providing Job Posting and Advertising Services to the Advertiser, Jobs in Maritime may gain access to/and or acquire the ability to transfer store or process personal data of employees of the Advertiser.

26. Both parties shall agree that where such administering of personal information takes place, the Advertiser shall be the ‘Data Controller’ and Jobs in Maritime shall be the ‘Data Processor’ as defined in the General Data Protection Regulation (GDPR).

27. For the avoidance of doubt, ‘Personal Data/Information’ ‘Processing’, Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.

28. Jobs in Maritime shall only administer personal data to the extent reasonably required to enable the efficient supply of our Job Posting and Advertising Services as mentioned in these Terms of Business or as requested by and agreed with the Advertiser. The Company shall not retain any personal information longer than necessary for the processing and refrain from processing any personal information for its own or for any third party’s purposes.

29. Jobs in Maritime shall not disclose personal information to any third parties other than employees, Directors, agents, sub-contractors or advisors on a strict ‘need to know’ basis and only under the same (or more extensive) conditions as set out in these Terms of Business or to the extent required by applicable legislation and/or regulations.

30. Jobs in Maritime shall implement and maintain technical and organisational security measures as are required to protect personal information that is administered by the Company on behalf of the Advertiser.

31. Further information about the Company’s approach to data protection are specified in our Data Protection Policy. The email address for any queries or complaints regarding data privacy is info@jobsinmaritime.com.

Governing Law

32. These Terms of Business and any dispute that might arise with respect to the Service provision shall be governed by English law without regard to principles of conflict of laws and relevant federal laws. Irrevocable consent is hereby granted by both parties to the exclusive jurisdiction of the English Courts for any action or dispute. Use of this Service is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Business, including this paragraph.