By using the idibu.com, idibu.co.uk, uk.idibu.com, aptrack.co and idi.to websites (“Services”) and any other services of oneworldmarket Ltd. (Company No. 04456286 / TA idibu) of 4 Cromwell Court, New Street, Aylesbury, Buckinghamshire, HP20 2PB., UK, you (“User”) are agreeing to be bound by the following terms and conditions (“Terms of Service”).
idibu is an internet based recruitment software subscription service which provides the recruitment and HR industries with candidate acquisition tools along with analytics data, using our proprietary software (the “Services”).
Please read the following terms and conditions carefully before using the Service, so that you (the “Client”) are aware of your legal rights and your obligations to oneworldmarket ltd.(trading as idibu). By logging into and using the Services you signify your irrevocable acceptance of these terms and conditions.
1 All services are supplied by oneworldmarket ltd. subject to and upon the following Terms and Conditions. No additions or variations shall apply unless specifically agreed in writing between the parties.
1.1 idibu acts as a Data Processor on behalf of its Clients. idibu is registered as a data controller with the UK Information Commissioner’s Office with data protection registration number ZA296954.
2 The following expressions shall hereafter have the meanings:
(a) ‘Service agreement’ means the service level agreement appended to this contract
(b) ‘Services’ means those services described in clause 3 of these Terms and Conditions
(c) ‘System’ means the Website and all technical infrastructure relating thereto
(d) ‘Website’ means the URL www.idibu.com on which the Services are provided.
(e) ‘Client’ (also ‘Customer’ ‘Lessee’)
(f ) ‘Users’ (also ‘User licences’) means employees of the Client who (a) who post jobs or have jobs posted on their behalf via the website or via the idibu API or (b) have user accounts on the Client’s RMS Database that have the capability of accessing the Services (except those employees who are wholly administrative or technical in their role, and not involved in candidate facing, candidate sourcing or client facing recruitment operations). Or (c) employees of the Client who directly or indirectly receive or reference candidates added to the Client’s RMS Database by the Services.
3 The Services provided by idibu are:
ADPOST & APTRACK
TALENT POOLING (INC. RANKED SEARCH)
ADVANCED ANALYTICS (VIA WEBHOOKS)
APSEARCH (REMOTE, AGGREGATED SEARCH)
3.1 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 idibu is not responsible for the establishment or maintenance of any account held with a third-party Job Board supplier. Neither is idibu responsible for the supply of service by the third-party Job Board supplier to the Client.
3.2 idibu will not be liable for compensation for any misposts, 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.
3.3 idibu apply spam filtering to inbound email traffic on a best efforts basis using industry standard rule sets that are updated on a weekly basis. While idibu monitors all spam filtered traffic, idibu cannot be held responsible for any false negatives.
4 The duration of this agreement is defined in the Client Order Form
5 In consideration of the undertakings given by the Client, idibu will provide to the Client the Services on a 24-hour basis, with helpdesk support available from 09:00 until 17:30 GMT/BST Monday to Friday via email or telephone. The APAC office provides first line support during the hours of 08:00 to 16:30 ICT, Monday to Friday.
5.1 idibu 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. idibu will use all possible endeavours to carry out any such repair or maintenance work so as to cause minimum disruption of the Services.
5.2 idibu commits to ensure the Services are available 99.9% of the time each year excluding downtime resulting from acts of Force Majeure.
5.3 In the event of any planned maintenance or upgrade work to the System, idibu will give the Client at least one week’s notice. idibu will endeavour to only schedule major work (that which would result in temporarily suspending availability of the Services) on Saturday and/or Sunday.
6 Data Protection – For the purpose of this Clause, the terms Processing, Personal Data and Sensitive Personal Data shall be given the meanings as defined in General Data Protection Regulation ((EU) 2016/679) (as amended from time to time) (the (“GDPR”).
(a) Both parties agree to comply with all applicable requirements of the Data Protection Act 1998 and the GDPR, as amended or updated from time to time (together “DP Legislation”).
(b) The parties acknowledge that for the purposes of the DP Legislation, it may be necessary for idibu to process certain personal data (as defined in the DP Legislation) on behalf of the The Client who may act as a “controller” or a “processor” (as defined in the GDPR) in respect of such personal data.
(c) Each party shall ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of personal data for the duration and purposes of this Agreement.
(d) The Client understands that The Services provides information from third parties and does so in good faith. idibu commits to ensuring third party suppliers are fully GDPR compliant.
(e) If the Client has a reseller or whitelabel agreement allowing redistribution of idibu services then the Client shall indemnify idibu against any losses, costs, damages or claims, suffered, sustained or incurred by the idibu or any fines issued by a regulator, as a result of any act, error or omission of the Client in breach of this Clause.
In addition, the Client warrants, represents and undertakes to idibu that:
(f) The Services should not be used to locate and contact candidates where legitimate interest has expired or never existed, for example in aged analytical reports.
(g) Any SMS, email or other communication (automated or not) sent via The Services should only be sent to data subjects where either consent or legitimate interest are provable.
7 The Client warrants, represents and undertakes to idibu that:
a) All material displayed or transmitted by the Client on the Website 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);
b) 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 emails to any email address published on the Website;
c) 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;
d) The Client will hereby indemnify idibu 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;
e) 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
f) The Client will not distribute, sell, rent, lease, assign, sub-license, transfer or part with possession or otherwise provide temporary access to the Services to any party not named in this Agreement.
g) The Client will not use the Services to provide a service to parties, which are not named in this Agreement save that the Client can use the Services to provide its lawful recruitment consultancy services to its candidates and clients.
7.1 The Client 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.
7.2 The Client acknowledges that advertisements and information posted on the Website by Clients are not the responsibility of idibu nor does such material reflect idibu’s opinions or those of idibu’s directors, officers, employees and agents.
7.3 The Client acknowledges that idibu has no control over the quality, truth or accuracy of information received by the Client by using the Website. The Client acknowledges that any reliance on any information or other material posted on the Website is entirely at its own risk.
7.4 idibu will remove all processed data relating to posted jobs and applicants with a default data retention policy of 12 months. Until such time, the Client shall retain ownership of all CVs and other information submitted to and processed by the Services pursuant to this Agreement. The Client may request custom data retention periods ranging between 3 months to a maximum of 36 months.
7.5 In regard to the facility of the Services to post to or search third party Internet sites, including job boards and Social Networks, it is the Client’s responsibility to ensure they obtain sufficient accounts and/or authorisations to permit the Services to post to or search these sites and to maintain their contract with any relevant third parties. Under no circumstances shall idibu be liable to the Client for any consequence of any infringement of the Client’s agreement with said third parties. In as much as the Services rely on operability and functionality of third party internet sites, under no circumstances shall idibu be liable to the Client for any legal or technical prohibitions which render the Services unable to post to or search those sites.
7.6 Where the Client is using idibu’s REMOTE SEARCH service to access third party data sources, idibu reserves the right to pass information about Client’s usage of said data sources through idibu services to the providers of the data source according to the terms of agreements that idibu has with said providers from time to time.
8 Since the REMOTE SEARCH service is designed to operate on unseen data which by its nature does not admit formal specification of format or content, idibu makes no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services.
8.1 idibu owns or is licensed to use all copyright, database rights and all other intellectual property rights in and to the System, including the structure, design and layout of the System, all graphics, the name idibu and the idibu logo. The Client is entitled to access and use the contents of the Website 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 idibu.
8.2 idibu is entitled to make changes to the Services, which are necessary to comply with any applicable security or other legislative or regulatory requirements.
8.3 idibu reserves the right, but does not assume the obligation, to inspect the content of any job posting and all other material or information posted by the Client.
9 idibu will use all its endeavours to maintain and provide the Services in accordance with these Terms and Conditions. However, the Client acknowledges that idibu 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 idibu.
9.1 Except as expressly set out in clause 9 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.
10 idibu will not be liable 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 idibu., 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 idibu or as a result of the acts or omissions of the Client
10.1 In no event shall idibu’s liability to the Client under or in relation to this agreement exceed the amount of the fees paid to idibu.
10.2 Nothing in this Contract will restrict or exclude idibu’s liability for death or personal injury caused by its own negligence.
10.3 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 idibu 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 idibu 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 idibu is hereby irrevocably and unconditionally waived by the Client
11 The number of agreed user licences is outlined in your Client order form
11.1 The subscription is to SERVICES selected at an annual fee found in your Client order form
11.2 The fee is to be paid via the agreed schedule as outlined in your Client order form
11.3 Invoices are to be paid within 14 days of date of receipt. Failure to pay within the agreed 14 days may result in suspension of service until such time that payment is received. idibu will contact the Client to ascertain if payment has not been made due genuine dispute in which case the parties will endeavour in good faith to resolve the dispute, before any steps are taken to suspend the Services.
11.4 Invoices paid by credit card (via GoCardless, PayPal, Stripe or any other service) are subject to a 5% processing fee. Where applicable this amount will be added to an updated invoice.
12 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.
12.1 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.
12.2 In the event of the Client breaking any one of the above Terms idibu will forthwith be entitled (without prejudice to any other remedy) to cancel this Contract or to suspend its performance hereof at its absolute discretion.
12.3 These Term and Conditions shall be governed by and construed in accordance with the laws of England and Wales. You hereby agree to the non- exclusive jurisdiction of the Courts of England and Wales regarding any and all disputes relating to or arising from these Terms or your use of this Service.