Surveyors UK Partnership and Advertiser Terms

1 Introduction

1.1 If you sign up as a partner on our website, we will ask you to expressly agree to these Partnership and Advertiser Terms. You are hereby reminded that the Surveyors UK Website Terms of Use (and, in your capacity as a member of our website, the Surveyors UK Membership Terms) also apply to your use of our website.
1.2 These terms and conditions shall govern our off-the-shelf offering for partnership and advertisers on our website. These terms and conditions do not govern bespoke arrangements for advertisement or sponsorship on our website. If you are interested in bespoke advertising or sponsoring content on our website, please contact us at info@surveyors-uk.com.
1.3 The following terms shall have the following meanings in these terms and conditions:
1. “Advertising Laws” means all laws, regulations and codes of practice which are applicable to the Services (including the UK Code of Non-broadcast Advertising, Sales Promotions and Direct Marketing (CAP Code) and all other codes under the general supervision of the Advertising Standards Authority, Trading Standards and/or Competition and Markets authority);
2. “Business Day” means a day other than a Saturday, Sunday or bank or public holiday in England;
3. “Business Hours” means the hours of 09:00 to 17:00 GMT/BST on a Business Day;
4. “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
5. “Partner Marks” means your logo or other branding to be displayed on our website in the formats and as supplied to us by you; and
6. “Your Content” means your copy, logos, artwork, designs, brand and product information, creative materials, digital materials and any other information or materials supplied by you to us in the course of using our website, including any Partner Marks.

2 Use on behalf of organisation

2.1 If you expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
1. yourself; and
2. the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

3 Partnership

3.1 You may apply to be a partner on our website by clicking on the type of partnership that you would like to apply for, completing the checkout process and paying the applicable partnership fees during the partnership application process. The contract between us for the partnership shall come into force upon your completion of the checkout process.
3.2 For so long as your partnership remains active in accordance with these terms and conditions and subject to the other provisions of these terms and conditions, you will have access to the website features specified on our website in relation to the type of partnership for which you have subscribed.
3.3 You must not allow any other person to use your account to access the partnership only areas of the website. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
3.4 We may from time to time vary the benefits associated with a partnership by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your partnership, and we will refund to you any amounts paid to us in respect of any period of partnership after the date of such cancellation.
3.5 If you sign up for a partnership of our website, we may:
1. suspend your partnership;
2. cancel your partnership; and/or
3. edit your partnership details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 3.5.
3.6 You may cancel your partnership by emailing us at support@surveyorsuk.com and asking us to cancel your partnership and remove your profile from our website. You will not be entitled to any refund if you cancel your partnership in accordance with this Section 3.6. At the end of any period of partnership for which you have paid, and subject to the other provisions of these terms and conditions, your partnership will be automatically renewed and you must pay to us the applicable partnership fees, unless you cancel the partnership using the cancellation facility on our website at least 30 days before the date of renewal.

4 Job posting Services

4.1 Partnership holders will have access to recruitment features on our website, which may include:
- the ability to post job advertisements on our website;
- access to our database of jobseekers; and/or
- any other services specified on our website from time to time.
4.2 You acknowledge that we merely provide a facility to enable jobseekers and recruiters to get in touch and that we do not vet or monitor the registered jobseekers who use our website, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions or omissions of a jobseeker (subject to Section 9.1).
4.3 You undertake to ensure that all job advertisements that you submit to the website for publication are true, accurate, current, complete and non-misleading advertisements for bona fide jobs.
4.4 You agree to treat the information in our database of jobseekers as confidential, and agree that you shall only use the database and information for the purpose of seeking candidates to fill bona fide jobs; and that you will not copy any information from the database or record or retain any information from the database or disclose to any third party any information from the database, except as strictly necessary for that purpose.
4.5 We do not warrant that you will receive any applications in relation to job advertisements; nor do we warrant that our database will hold information regarding jobseekers that are suitably qualified for the positions that you require to be filled.

5 Directory

5.1 We publish a directory of surveying industry products and services on our website and you may use the directory to list products or services that your organisation offers.
5.2 You may submit one listing to our directory as part of your partnership sign-up process. We may then make amendments to that listing prior to its publication on our website to ensure that the listing is optimised for our website (including editing the content).
5.3 If we accept your directory listing submission, it will remain published on our website for as long as you remain a partner on our website, subject to termination or deletion in accordance with these terms and conditions.
5.4 Each submission to our directory must be a listing in respect of a product or service related to the surveying industry.
5.5 You must keep your directory submissions up to date using our website interface.
5.6 Your directory submissions must not relate to any unlawful business, product or service; and you must not make any directory submission with a view to conducting any unlawful activity or entering into any unlawful contract or arrangement.
5.7 The publication of your directory submissions on our website does not mean that we endorse such directory submissions and you agree that you will not make any claim that you are sponsored or endorsed by us, Surveyors UK.
5.8 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete directory submissions that breach these terms and conditions, or that do not meet the additional guidelines for submissions published on our website.
5.9 If we reject or delete a directory submission in accordance with this Section 5, we will not refund any fees.

6 Your obligations

6.1 For the avoidance of doubt, any job advertisements you upload or supply to us and your directory submissions shall constitute “Your Content”.
6.2 You shall:
- ensure that Your Content complies with our Content Standards;
- ensure Your Content is accurate and complete in all material respects; and
- ensure that any and all advertising and marketing claims incorporated in any of Your Content in relation to its products and services comply with all applicable laws, including the Advertising Laws.
6.3 You represent and warrant that Your Content, and any destination site linked to from any of Your Content:
- is accurate, complete, true and not misleading;
- is legal, truthful, honest and decent and otherwise complies with the provisions of all applicable laws, including Advertising Laws;
- is not libelous, inciteful, or obscene;
- does not infringe the rights of any third party (including any person’s Intellectual Property Rights); and
- is free of any viruses, adware, malware, bit torrents, and will not cause an adverse effect on the operation of our website.
6.4 You will indemnify us from all liabilities, losses, costs, expenses and damages, (including reasonable legal fees) suffered or incurred by us arising out of or in connection with any claims or any action, adjudication or decision taken against us by any regulatory body, arising out of any breach by you of the warranties provided under Section 6.3.
6.5 The publication of any of Your Content by us does not mean that we endorse Your Content or that we accept that Your Content has been provided in accordance with these terms and conditions or that we have in any way waived our rights under these terms and conditions.
6.6 We reserve the right to reject, remove, suspend or change the position of, any of Your Content which we consider unsuitable or which is not in accordance with these Terms and Conditions without liability to you and, without prejudice to such right, you shall promptly on notice from us amend any of Your Content that we consider to be contrary to these terms and conditions.

7 Fees

7.1 The fees in respect of our off-the-shelf partnerships will be as set out on the website from time to time.
7.2 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
7.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
7.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
7.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
7.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
- an amount equal to the amount of the charge-back;
- all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- an administration fee of GBP 25.00 including VAT; and
- all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.6 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 7.6.
7.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
7.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

8 Intellectual property

8.1 You are the owner or licensee of all Intellectual Property Rights in Your Content.
8.2 You grant to us:
- a worldwide, non-exclusive, royalty-free licence to use Your Content to provide the website services in accordance with this agreement.
- the right to sub-license the rights set out in Section 8.2(a) to our hosting, connectivity and telecommunications service providers, as reasonably required to provide the website services in accordance with this agreement.

9 Limitations and exclusions of liability

9.1 Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
- are subject to Section 9.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, nor in respect of any special, indirect or consequential loss or damage.
9.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9.8 Subject to Section 9.3, our aggregate liability to you under these terms and conditions in respect of any event or series of related events shall not exceed the total amount paid and payable to us for your partnership in the 12 month period preceding the commencement of the event or events.
9.9 You acknowledges and agree that we are not a regulator, professional body, auditor, nor a compliance authority. We do not verify, certify, validate or warrant your professional qualifications, regulatory status, or compliance. Responsibility for professional standards and regulatory compliance rests solely with you and the relevant professional or statutory bodies. We have no liability or responsibility whatsoever in respect of any failure by you, or any other person to meet such standards or requirements.

10 Indemnity

10.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

11 Breaches of these terms and conditions

11.1 Without prejudice to our other rights under these terms and conditions or the Surveyors UK Website Terms of Use, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may temporarily suspend or permanently terminate your partnership on our website.
11.2 Where we suspend or terminate your partnership on our website, you must not take any action to circumvent such suspension or termination (including without limitation creating and/or using a different account).

12 Notices

12.1 Any notice given under these terms and conditions must be in writing and given by one of the following methods (using the contact details set out in the Website Terms of Use for us and in your application for partnership on our website for you or as notified by one party to the other in accordance with this Section 12):
- delivered personally or sent by courier, in which case the notice shall be deemed to be received upon delivery; or
- sent by recorded signed-for post, in which case the notice shall be deemed to be received 2 Business Days following posting,
providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.

13 Agency and use of our name

13.1 We and you are independent and are not partners or principal and agent and this agreement does not establish any joint venture, trust, fiduciary or other relationship between us and you, other than the contractual relationship expressly provided for in it. We shall not have, nor shall we represent that we have any authority to make any commitments on your behalf. You shall not have, nor shall you represent that you have, any authority to make any commitments on our behalf.
13.2 You shall not state, represent, or imply, whether expressly or by conduct, that your partnership on the website or relationship with us constitutes or implies any approval, accreditation, certification, sponsorship, or endorsement by us.
13.3 You shall not, without our prior written consent, use our name, trade marks, logos, or other branding:
- in any press release, public announcement or publicity material; nor
- in any manner that could reasonably be interpreted as indicating any such approval, accreditation, certification, sponsorship, or endorsement.

14 Variation

14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

15 Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16 Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17 Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18 Entire agreement

18.1 Subject to Section 9.1, these terms and conditions, together with our content standards, privacy and cookies policy and website terms of use, shall constitute the entire agreement between you and us in relation to the subject matter of this agreement and shall supersede all previous agreements between you and us in relation to the subject matter of this agreement.

19 Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

20 Statutory and regulatory disclosures

20.1 We will not file a copy of these terms and conditions specifically in relation to each partner and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
20.2 These terms and conditions are available in the English language only.
20.3 Our details, including our VAT number can be found in our Website Terms of Use.