“Agreement” is a reference to these Terms and Conditions, any quotation, order form and payment instructions provided to you;
“Bolt-ons” means other services to be added or removed that are requested specifically by the Customer;
“Customer”, “you”, “your” and “yours” are references to you the entity or organisation ordering Services from us;
“Order” means an order placed by you for Services;
“Services” mean all the services described on the Order that we provide to you from time to time;
“Start Date” means the date of commencement of the Services as specified on the Order;
“Terms and Conditions” means the terms and conditions of supply set out in this document and supersede any other terms and conditions for the Services for the term of this Agreement; and “we”, “us” and “our” are references to Chatter Communications Limited with company registration number 07550917 with registered address at Castleton Mill, Castleton Close, Leeds, LS12 2DS.
Quotations and Ordering
The methods of contracting with us are (i) online via our website, please follow the onscreen prompts to place an Order; or (ii) by telephone; or (iii) via email.
In some cases where the Customer has requested Bolt-ons in addition to the Services, we will provide you with a quotation for these Bolt-ons based on the Customer’s specific requirements. If your requirements are bespoke or do not fit well with the Services, we will recommend one of our other products or services to you (which are governed by a different set of terms and conditions).
The quotation for Bolt-ons will be valid for 30 days from the date of the quotation.
Once we receive your Order we will notify you if the Order has been accepted by us either verbally or in writing and agree a Start Date for commencement of the Services. When you place an Order with us you accept that the Services will be provided in accordance with this Agreement.
If we cannot accept your Order and supply you with the Services for any reason, we will inform you of this via email. If you have already paid for the Services, we will provide you with a full refund.
We will provide the Services to you from the Start Date.
We warrant that the Services will be provided using reasonable skill and care in accordance with accepted industry practice and standards.
We will use our reasonable endeavours to meet any performance dates set out in the Order but any dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Agreement.
Time is not of the essence of this Agreement other than with respect to your obligation to make payment.
We reserve the right to amend the Services if we are required to do so by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
Any descriptions or illustrations on our website are published to give you an idea of the Services described in them and they do not form part of the Agreement or have any contractual force.
We will work with the job board to place the job advert on your behalf, however we can accept no responsibility for any error that is made by them, for example, in placing or not running the job advertisement or if the website is unavailable or if the destination for job applications is incorrect. Notwithstanding this, we will use our reasonable endeavours to work with them to rectify the situation on your behalf.
For the purposes of the Conduct of Employment Agencies and Employment Regulations 2003, we are not an employment business and do not introduce or supply job seekers or hirers (or vice versa) and we do not store or process any personal data on job seekers.
It is your responsibility to ensure that the information you provide us with is materially complete and accurate in all material respects and that you have the right to supply it to us. Our processes enable you to amend any errors before the Start Date.
We will provide you with information regarding the content and format of job postings which must be adhered to by you and whilst we will undertake automated checks, the content of the job post is ultimately your responsibility and you must ensure that it is not, for example, discriminatory.
You will grant us and the third-party job board provider a full paid-up, non-exclusive, royalty-free licence during the term of this Agreement to use your name, trademarks and logos for the purposes of providing the Services. You must co-operate with us in all matters relating to the Services.
It is your responsibility to ensure you comply with all applicable laws including the Data Protection Act 2018 and the retained General Data Protection Regulations (EU 2016/679).
It is your responsibility to carry out checks and procedures to satisfy yourself of the suitability of the candidates applying to the job posting. We are unable to accept responsibility in the event you do not receive a response to your advertisement, or you receive responses from individuals who prove to be unsuitable for the job advertised.
If we are unable to perform the Services because we are prevented or delayed by any failure by you to fulfil any of your obligations set out in this clause, we will be entitled to suspend performance of the Services until you remedy your default. We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services in these circumstances.
You must notify us immediately if you find the Services supplied to be defective in any way (which must be no later than 7 days after the Start Date) and allow us an opportunity to investigate and remedy the defect.
Prices and Payment
The price for the Services shall be the price set out in the quotation or our current price list available on our website.
An invoice for will be issued to you at the point of purchase if you contract with us online or following purchase if you contract with us by telephone or email. Value added tax will be added to the invoice which is payable by you.
Payment of each invoice must be made by the date and the method stated on the invoice either by bank transfer or credit card in the case of online purchases.
In the event of a query or dispute with an invoice you must notify us of your query or the nature of your dispute within 7 days of the date of the invoice. Failure to notify within this time will mean that you are deemed to have accepted the invoice in full and the full amount is due and payable. In the case of valid queries or disputes, you must pay us the undisputed amount by the due date. You are not entitled to set off any sum owing by you under this Agreement against any sum that we may owe you.
Failure to pay on time may result in late payment charges which shall be calculated in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date the payment was originally due until the date of actual payment.
We reserve the right to charge an administration fee for any late payment notices which we send to you in the event of your late payment. We also reserve the right to cancel any discount that we may have offered to you, to alter your payment terms and/or to suspend or cancel future deliveries in the case of late payment.
To cancel or alter an Order, you must inform us by telephone or email at least 1 day before the Start Date set out in your Order. You are not entitled to cancel your Order with us once the Services have started.
Fees will not be reimbursed to you after the Start Date in any circumstances including if an advert is paused or ended early.
We reserve the right to cancel or suspend your Order at any time if you become bankrupt or insolvent, enter into any arrangement with your creditors, or being a company, go into liquidation or are wound-up, or being a partnership, are dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur. You must notify us in writing immediately if any one of the aforementioned events occurs. In such cases you shall become liable to pay either a proportion or the total value of the Order if the Services have commenced or are completed.
Limitation of Liability
We disclaim any and all liability to you for the supply of the Services to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property and/or loss from claims of third parties arising out of the use of the Services provided by us.
We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
We do not accept any liability for any costs, losses or expenses that the Customer may incur as a result of the information provided to us for inclusion in the job board being incorrect.
Nothing in these Terms and Conditions shall limit or exclude our liability for personal injury or death arising as a direct result of our negligence or any liability which cannot be limited or excluded by law.
We may subcontract any part or parts of the performance of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights and obligations under this Agreement without your consent or any requirement to notify you. You may not assign or transfer your obligations under this Agreement without our express written consent.
This Agreement constitutes the entire agreement between you and us. No other terms, statements, representations or promises whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, we both agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.