We are Online Video Limited, company number 10413057 whose registered office is at 47b Queens Road, Basingstoke, Hampshire, RG21 7RE

You are a Client of ours (“Client”) and “you”, “your”, and “yours” refers to you.

  1. Definitions
    • “Account” means the account registered by or on behalf of the Client.
    • “Advertisement” means a notice designed to attract Applications from Candidates in relation to a Client’s Requirement.
    • “Application” means a Candidate’s response to an Advertisement.
    • “Candidate” means a person who responds to an Advertisement.
    • “CV” means the curriculum vitae or any other document or file (in whatever format) which the Candidate provides to us for distribution to potential employers with a view to securing a job.
    • “Fees” means the fees and charges payable by the Client.
    • “Intellectual Property” means patents, trade marks, registered designs, applications for any of the foregoing, unregistered design rights, service marks, trade and business names, copyright and know-how.
    • “Loss” means any action, claims, costs, damages, demands, expenses, fines, liabilities, losses or penalties.
    • “Material Misrepresentation” means any hiding or falsification of a material fact which, if known to us, could have significantly altered the basis of the contract.
    • “Requirement” means a request from the Client for us to introduce a Candidate.
    • “Service” means any service that we provide to you pursuant to these Terms.
    • “Terms” means the terms and conditions set out herein.
    • “User” means any person acting on behalf of the Client to use the Client’s Account.
    • “Website” means the website accessible via the URL candidatevideo.com.
  2. Acceptance of Terms
    • 2.1 We act as a conduit between Candidates and potential employers. By accepting or requesting any Services or using any information from us you are deemed to accept these Terms, which apply to all dealings between us.
    • 2.2 We may amend these Terms from time to time and notice of this will appear on the Website. Your continued use of the Services after such notice will constitute acceptance of the revised terms.
  3. Services
    • 3.1 Our Services are provided through the Website, which describes the nature and scope of the Services provided by us under these Terms. We will use reasonable endeavours to keep the Website available but do not guarantee any level of availability. We will update and enhance the Website from time to time and there may be periods of downtime associated with this.
    • 3.2 You may open an Account by accessing the Website and entering the relevant information. We will retain your information for the purposes of providing Services to you, and for providing marketing information to you, and your information will be treated in accordance with our Privacy Policy. We rely on Candidates and potential employers acting truthfully and complying with all relevant laws. We do not verify information provided by Candidates and we are not responsible for any inaccurate or misleading information provided by Candidates. You are legally liable for all information which you provide to us. You agree that we may monitor your use of the Website and Services and retain records of such use.
    • 3.3 The Website will allow the Client to communicate with Candidates. In the course of such communication, you are responsible for the content of all your communications and you must comply with all relevant laws. The Client will indemnify us for all Loss which we may suffer in relation to a Client’s Requirement or Advertisement, any Client communication with a Candidate, and any action which the Client takes in relation to a Candidate.
    • 3.4 Our Website (including all relevant software systems) are provided on an “as is” basis and we do not warrant that it will be compatible with your systems. It is the Client’s responsibility to ensure that it has the technology capability to access all features of the Website.
    • 3.5 We use reasonable endeavours to protect our Website (including all relevant software systems) against attacks and malware, but cannot guarantee that the Client will not be affected by viruses or other harmful or malicious code as a result of accessing or downloading from the Website.
    • 3.6 The Client must ensure that it does not damage the Website or its software systems and may not attempt to reverse engineer or decompile the software underlying the Website or any interface of the Website.
    • 3.7 We do not verify information provided to us by Candidates and we are not responsible for any inaccurate or misleading information provided by them. You are responsible for checking the accuracy of such information and the suitability of the Candidate. We do not guarantee that the Advertisement will result in a suitable Candidate being found, and Fees will not be refunded in such circumstances.
    • 3.8 We do not discriminate against anyone applying for jobs through the Website. Clients must ensure that they do not discriminate on the grounds of race, disability, gender, age, sexuality, religion, or other unlawful grounds.
    • 3.9 We do not act as an employment agency as defined in the Employment Agencies Act 1973. We act as a conduit for Clients and Candidates to meet and we are not involved in any transaction between them. We do not act as agent of the Candidate.
    • 3.10 The Services are provided solely for the internal business use of the Client. The Client may use Applications for the purpose of fulfilling its Requirements, but may not make the Applications available to any other party. The Client may not re-sell or sub-licence the Services or otherwise make them available to any third parties.
  4. Confidentiality
    • 4.1 You agree that:-
      • 4.1.1 you shall keep any information relating to a Candidate confidential and shall only use
      • 4.1.2 you shall use any information relating to a Candidate in accordance with data
      • 4.1.3 you shall not pass Candidate information to any third party;
      • 4.1.4 you shall not divulge to any other party, nor use for your own benefit, any confidential information relating to the affairs of our business or our business methods.
    • 4.2 Your confidentiality obligations above are for the benefit of us and the Candidates in question. Under the Contracts (Rights of Third Parties) Act 1999, we will allow Candidates to enforce these duties directly against you.
  5. Intellectual Property and Data Protection
    • 5.1 We do not grant the Client any rights in our brand, the Website, our database of CVs and Applications, the Advertisements or the Applications, and we retain all Intellectual Property in them.
    • 5.2 In our processing of personal data as part of the provision of Services to you, we will act as a data processor and we will retain CVs and Applications as data controller, for the purposes of data protection legislation.
    • 5.3 In your use of the Services you shall comply with all relevant data protection legislation.
  6. Termination
    • 6.1 We may terminate the contract between us governed by these Terms at our sole discretion if:-
      • 6.1.1 in the case of a breach of these Terms by You, we provide You with notice of such breach and You fail to remedy such breach within 14 days (if they are capable of remedy), or at once (if it is a serious breach or one that cannot be remedied);
      • 6.1.2 the Client fails to pay on the due date any sums that may be due; or
      • 6.1.3 You are using the Services for any improper use, creating a service or product which competes with Our Services, or acting in such a way to damage, or with the intention of damaging Our reputation.
  7. Fees and Payment
    • 7.1 The Fees are as stated on the Website.
    • 7.2 The Fees are subject to change without notice. Such changes will be set out on the Website or via any other means of communication with the Client.
    • 7.3 Payment is due upon placement of the Requirement, and we will not commence work on your vacancy until payment has been received in full.
    • 7.4 All fees are exclusive of value added tax.
  8. Liability
    • 8.1 Our maximum aggregate liability to you for any Loss arising out of or in connection with the Services or any contract with you governed by these Terms shall not exceed £5,000 (five thousand pounds).
    • 8.2 In no event shall We be liable for any indirect Loss, regardless of whether such losses are foreseeable and whether or not caused by our negligence arising out of or in connection with your use of Our Services.
    • 8.3 We are not liable for any loss of revenue or profit, loss of opportunity, loss of reputation, loss of or corruption of data, in each case whether direct or indirect.
    • 8.4 Nothing in these Terms shall limit Our liability for loss or damage arising out of personal injury or death or acts of fraud (including fraudulent misrepresentation).
    • 8.5 We do not act as agent for the Employer.
  9. Entire agreement
    • 9.1 These Terms contain the entire and only agreement between the parties in relation to the agreement between us, and supersede all previous agreements between us in respect of the subject matter of this agreement. No terms shall be implied into these terms by operation of law (including statutory provision) or otherwise.
    • 9.2 Each party agrees that in entering into this agreement it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as are expressly set out herein.
    • 9.3 Save as expressly provided herein, for the purpose of the Contracts (Rights of Third Parties) Act 1999, this agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.
  10. Governing Law and Jurisdiction

    These Terms will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

We are Online Video Limited, company number 10413057 whose registered office is at 47b Queens Road, Basingstoke, Hampshire, RG21 7RE. Candidate Video is the website and service we own and operate.

You are a Candidate and “you”, “your”, and “yours” refers to you.

  1. Terms of Use

    These terms of use govern your use of our website. By using our website, you accept these terms of use in full.

  2. Licence to use website

    Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

    You my view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

    You must not edit or republish material from this website or use it for a commercial purpose.

  3. Acceptable use

    You must not use our website in any way that causes, or may cause damage to the website, or impairment of the availability or accessibility of the website, or in any way which is unlawful.

  4. Restricted access

    Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

  5. User Generated Content

    In these terms of use, “your user content” means material (including, without limitation, text, images, audio material, video material, and audio/visual material) that you submit to our website, for whatever purpose.

    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-licence these rights, and the right to bring an action for infringement of these rights.

    Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

    Your user content (and its publication on our website) must not:-

    1. Be libellous or maliciously false;
    2. Be obscene or indecent;
    3. Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    4. Infringe any right of confidence, right of privacy, or right under data protection legislation;
    5. Be pornographic or sexually explicit;
    6. Be untrue, false, inaccurate, or misleading; nor
    7. Be offensive or cause annoyance or anxiety to any person.

    You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

    You must not submit any user content to the website that is or has been the subject of any threatened or actual legal proceedings or any similar complaint.

    We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

    Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

  6. Limited warranties

    You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website, nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

    To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

  7. Limitations and exclusions of liability

    Nothing in these terms of use will:

    1. Limit or exclude our or your liability for death or personal injury resulting from negligence;
    2. Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
    3. Limit any of our or your liabilities in any way that is not permitted under applicable law; or
    4. Exclude any of our or your liabilities that may not be excluded under any applicable law.

    The limitations and exclusions of liability set out in this section and elsewhere in these terms of use:-

    1. Are subject to the preceding paragraph; and
    2. govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

    We will be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    We will not be liable to you in respect of any business losses including (without limitation) loss of our damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    We will not be liable to you in respect of any loss or corruption of any data, database or software.

    We will not be liable to you in respect of any special, indirect, or consequential loss or damage.

    You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for acts and omissions of our officers and employees.

    You agree to the publication of comments, reviews, and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful, and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether you are aware or ought to have been aware of such comments, reviews and/or feedback.

  8. Indemnity

    You hereby indemnify us and undertake to keep us indemnified against any 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 on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

  9. Breaches of these terms of use

    Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:-

    1. Send you one or more formal warnings;
    2. Temporarily suspend your access to the website;
    3. Permanently prohibit you from accessing the website;
    4. Block computers using your IP address from accessing the website;
    5. Contact your internet services provider and request that they block your access to the website;
    6. Bring court proceedings against for breach of contract or otherwise;
    7. Suspend and/or delete your account with the website; and/or
    8. Delete and/or edit any or of your user generated content.

    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  10. Third party websites

    Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  11. Trade marks

    Candidate Video and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

    The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  12. Variation

    We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

  13. Assignment

    We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

  14. Severability

    If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision 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.

  15. Exclusion of third party rights

    These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

  16. Entire agreement

    These terms of use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

  17. Law and jurisdiction

    These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.