General Terms and Conditions
In the interest of openess please find below the ApplicantExtra terms and conditions document that we and our clients adhere to…..
Candid Software Limited will provide you with use of the Service, including browser pages and data, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by these Terms and Conditions.
Charges and Payment:
You will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Any initial set up costs are payable before the service commences.
Candid Software Limited charges and invoices in advance for use of the Service via emailing a pdf representation of the Invoice. Candid Software Limited will issue an invoice on the nearest working day to the first day of the month for payment within 28 days of the first of the month.
The monthly charge will be equal to the number of licences (users) that are “available for use on your ApplicantExtra system as of the first day of the month. “Available for use” refers to users that have been created on the your system and are not archived and therefore ready to use, irrespective of whether or not such licences are actively being used. Users removed (archived) or added after the time of invoice will reflect on the next months invoice. It is your responsibility to archive unneeded users in timely fashion and invoices can not be reissued because of this.
Fees for other services will be charged on an as quoted basis.
Clients using the Standing Orders method of payment are responsible for altering their own Standing Order if their ApplicantExtra user count changes as Candid Software has no control over client bank accounts.
Candid Software Limited reserves the right to change the fees, applicable charges and usage policies and to propose new charges at any time, upon at least 30 days prior notice to affected clients, which notice may be provided by e-mail, letter or phone.
Unless Candid Software Limited at its discretion determines otherwise, clients will be billed in Sterling. Overseas clients will bear the expense of any exchange difference and/or transmission fees to ensure that the fee paid for the service arrives at Candid Software Limited to the correct Sterling value.
In addition to any other rights granted to Candid Software Limited herein, Candid Software Limited reserves the right to suspend or terminate these Terms and Conditions and your access to the Service if your account becomes delinquent (falls into arrears). Accounts that remain unpaid 10 days after the invoice payment term has expired will be switched to “read only” mode. Accounts that remain unpaid will continue in “read only” mode for a further period of 10 days. Thereafter the account will be suspended and no access will be possible until the overdue account balance is cleared in full or to the satisfaction of Candid Software Ltd. Candid Software Limited reserve the right to shorten these “read only” and suspension thresholds if you persistently fall behind in your payments.
Delinquent accounts may be subject to interest of 5% per month on any outstanding balance, plus the expense of collection if such expense is incurred. You will continue to be charged for your licences during any period of suspension.
If you or Candid Software Limited initiate a termination of these Terms and Conditions, you will be obligated to pay the balance due on your account.
As your contract is based upon a regular monthly payment, the absence of an invoice at the time of payment falling due is not sufficient reason for non-payment as clients are expected to schedule their payments in accordance with these Terms and Conditions.
Candid Software Limited grants to you a personal, non-exclusive, non-transferable licence to use and display the visual information, documents, products and software contained in or made available through the Service (the "Content") solely for your own internal business purposes. All rights not expressly granted herein by Candid Software Limited to you are reserved by Candid Software Limited and/or its licensors.
Unauthorised use, resale or commercial exploitation of the Service and/or the Content in any way is expressly prohibited. You shall not copy, licence, sell, transfer, make available, distribute, or assign this licence or the Content to any third-party. You shall not create Internet "links" to the Service or "frame" or "mirror" any Content contained on, or accessible from, the Service on any other server or Internet-based device.
A user account is required to access the Service and used only by those authorised individuals who are registered with Candid Software Limited. To open a new user account, your local Administrator must enter the details of the new user on the Consultant Record form within the application. Each user should be issued with a personal, non-transferable password. Password should be alpha numeric and consist of at least 8 characters.
User accounts cannot be "shared" or used by more than one individual. User licences cannot be transferred from one user to another. Users that discontinue use of the system should have their accounts archived to prevent subsequent login in.
User account login dates and times are logged and regularly checked and Candid Software Ltd reserves the right to charge clients for users that are archived and unarchived strategically to take advantage of our invoicing system.
Security and Data Protection:
Candid Software will ensure that all servers containing client data are protected from access, other than by authorised users via normal login screens and by the incorporation of firewall protection and the location of database information in non web facing environments.
Data held in client databases will be backed up daily to off-site facilities using encrypted transfer and storage methods. Arrangements will be put in place for the retrieval of client data and the necessary code to make that data available from alternate hosting facilities, in the event of catastrophic failure of Candid Software Limited servers.
Service Performance and Maintenance:
Candid Software Limited will maintain servers at optimum performance with sufficient data storage to accommodate client requirements and with sufficient random access memory to operate the server at an acceptable level of service and resource utilisation.
The service is subject to maintenance which is normally provided outside GMT working hours of 0900-1800 Mon-Fri. Scheduled Maintenance is normally carried on outside normal GMT working hours and scheduled down time in excess of 2 hours is normally notified to clients in advance. Unscheduled outages during GMT working hours may occur but will be kept to a minimum.
Candid Software Limited will put in place contingency services to allow restoration of client data from live or back up storage to an alternate hosting facility, in the event of catastrophic failure, within a 4 hour period of that failure materialising.
Candid Software Limited reserves the right to transfer clients from one server to another or to change a server configuration, in order to maintain optimum performance on a particular service or as part of a routine server upgrade or maintenance activity. While Candid Software Limited will, where practicable, schedule such actions to be out side of normal GMT working hours, circumstance may dictate that these have to be accomplished during the normal GMT working day. Disruption in service will be inevitable across some times zones and Candid Software Limited will ensure that these are, where possible, coordinated with affected Clients in advance.
You are solely responsible for any and all activities that occur under your account and for ensuring that you exit or log-off from your account at the end of each working day. You shall notify Candid Software Limited immediately of any unauthorised use of your password or account or any other breach of security that is known or suspected by you. Candid Software Limited and its licensors shall not be responsible for any unauthorised access to, or alteration of, your data.
Candid Software Limited does not own any data, information or material that you submit to the Service ("Data"). Candid Software Limited will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with these Terms and Conditions or as may be required by law. Candid Software Limited may access your account, including its Data, to respond to service or technical problems or as stated in these Terms and Conditions. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data, and Candid Software Limited shall not be responsible or liable for the deletion, correction, destruction, damage or loss cause by authorised or unauthorised intervention via your user account.
You agree to abide by all applicable local or national laws, treaties and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service or information from the Service to send junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages that are not directly related to the conduct of your recruitment activities, whether commercial or otherwise; transmit through the programs mail service any unlawful, immoral, libellous, abusive, harassing, tortuous, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or transmit any material that may infringe the intellectual property rights or other proprietary rights of third parties, including trademark, copyright or right of publicity; or transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses or worms, or interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; or attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or harass or interfere with another user’s use and enjoyment of the Service.
The charges in these Terms and Conditions are automatically renewable monthly unless either party requests termination or a change in service level prior to the commencement of the next period. Either party may terminate these Terms and Conditions or reduce the level of service by notifying the other party in writing at least one month in advance of the termination date. You will be billed for the period from the date you initiate the termination/reduction up to and including the date one month following the date you initiated the termination/reduction at the service level prior to such termination/reduction. Upon termination/reduction, you will be granted a refund of any prepaid charges applicable to the period starting one month after our receipt of your written notice of the termination/reduction. For each client there is an initial signup period of 1 month, which is billable even if termination is effected within the first month. This initial signup period is non-refundable.
For annual subscriptions, these Terms and Conditions commence upon the Service Start Date (as set forth in the Order Form), is non-cancellable, and, unless terminated for cause by Candid Software Limited as set forth below, continues for the Initial Term set forth in the Order Form. These Terms and Conditions will automatically renew for subsequent one year terms at Candid Software Limited then-current fees unless one party provides the other with written notice of its intent not to renew at least thirty days prior to the end of the then-current term.
Termination for Cause:
Any unauthorised access, use, copying, disclosure, distribution, or sublicensing by you or with your aid or consent of the Service or Content or any related methods, algorithms, techniques, or processes will be deemed a material breach of these Terms and Conditions.
Candid Software Limited in its sole discretion may terminate your password, account or use of the Service if you breach or otherwise fail to comply with these Terms and Conditions.
Reduction in Service:
Candid Software Limited may as a result of non-payment reduce the service available until such time as the non-payment is rectified. Candid Software Limited may also reduce the service available during a notice of termination period if such termination is for cause.
The reduction in service will consist of reducing data to a "Read Only" state, thereby removing the ability to add or modify existing data, while still giving access to the data for it to be read.
Withholding of Data:
Candid Software Limited reserves the right to withhold Data without notice for any breach surrounding non-payment of fees or charges. Upon termination for cause, your right to access or use Data immediately ceases, and Candid Software Limited shall have no obligation to release any Data to you or any third-party until fees or charges are paid in full.
In the event that you, or we, terminate these Terms and Conditions, Candid Software Limited will make available to you a file of your Data on termination if you so request at the time of your notification of termination providing your account has been concluded satisfactorily and all funds due are cleared into Candid Software Limited bank accounts. Such data will normally be supplied in open source database format, free of any password protection. Supply of data in other formats may incur a conversion cost.
Except for the licences granted herein, you have no right, title or interest in or to Candid Software Limited, the Service or any Content of Candid Software Limited software or its licensors, including, without limitation, documentation, text, images, and other multimedia data and all such right, title and interest shall remain exclusively with Candid Software Limited and its licensors, as applicable. Candid Software Limited and/or other Candid Software Limited products and services referenced herein are either trademarks or registered trademarks of Candid Software Limited.
You shall indemnify and hold Candid Software Limited, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, employees and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with any unauthorised or improper use of the Service or Content or any breach of these Terms and Conditions by you.
(a) Candid Software Limited WARRANTS THAT THE SERVICE PROVIDED WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE FUNCTIONS DESCRIBED IN THE ONLINE HELP DOCUMENTATION UNDER NORMAL USE AND CIRCUMSTANCES.
(b) EXCEPT AS PROVIDED IN SUBSECTION (a) ABOVE:(I) CANDID SOFTWARE LIMITED AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY DATA CONTENT;(II) CANDID SOFTWARE LIMITED AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;(III) THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS; AND (IV) ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CANDID SOFTWARE LIMITED AND ITS LICENSORS.
Limitation of Liability:
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL EITHER PARTY’S LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING UNDER THESE TERMS AND CONDITIONS OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT.
Candid Software Limited alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service ("Submissions") and you agree to assign such Submissions to Candid Software Limited free of charge. Candid Software Limited may use such Submissions as it deems appropriate in its sole discretion.
Candid Software Limited may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Candid Software Limited’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Candid Software Limited’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Candid Software Limited (such notice shall be deemed given when received by Candid Software Limited) by letter delivered by nationally recognised overnight delivery service or first class postage prepaid mail to Candid Software Limited at its published address or to any subsequent address that Candid Software Limited may be registered at and notified to all clients either by letter, email transmission or by publication on Candid Software Limited’s company web site.
Modification to Terms:
Candid Software Limited reserves the right to change these Terms and Conditions or its policies relating to the Service at any time and shall notify you by posting an updated version of these Terms and Conditions on the Service. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.
Any request by a user or client to modify these terms is at the discretion of Candid Software Limited and any cost incurred to renegotiate or change these terms will be accomplished by Candid Software Limited’s legal advisors, at the user or client expense.
These Terms and Conditions may not be assigned by you without the prior written approval of Candid Software Limited but may be assigned by Candid Software Limited to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
The rights and limitations in these Terms and Conditions are also for the benefit of Candid Software Limited’s licensors each of whom shall have the right to enforce its rights hereunder directly and on its own behalf.
The product or service mentioned is fully owned and operated by Candid Software Limited
These Terms and Conditions relate to the ApplicantExtra recruitment management system. References to "software", "service" or "system" within this document also relate to ApplicantExtra or its implementation or use.
Acceptance of these Terms and Conditions is implicit in the ordering of an account on the system. If the order is delivered in oral, electronic mail or other form then these Terms and Conditions will be deemed as accepted from the point that use of the system commences.
These Terms and Conditions shall be governed by the laws of England and Wales, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this document or the Service shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
No text or information set forth on any purchase order, pre-printed form or document shall add to or vary these Terms and Conditions. If any provision herein is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and Candid Software Limited as a result of these Terms and Conditions or use of the Service. The failure of Candid Software Limited to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Candid Software Limited in writing. These Terms and Conditions comprise of the entire agreement between you and Candid Software Limited and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.