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CLIENT PORTAL TERMS AND CONDITIONS
Last updated: 24th May 2018
Castille Resources Limited (C 36907) (herein “we”, “us”, “our” or “Castille”) is a specialist online career platform which provides matching services between prospective candidates and employers through its site, accessible at https://www.castilleresources.com/ (the “Site”), focusing on technology and finance professionals.
Please read the following terms and conditions (the “Terms”) carefully, along with our:
Each of these documents is incorporated by reference into these Terms.
These Terms govern any use which you may make of the Services. This includes the posting of employment opportunities on the Site and matching services to identify potential candidates for such employment opportunities. These Terms also explain the process for contacting candidates and provide pertinent information in relation to amongst others, cancellations and liability.
These Terms shall be updated from time to time. You are advised to check the provisions of these Terms periodically to keep yourself updated.
By using Our Site or otherwise availing yourself of any of Our Services, you are hereby agreeing to be legally bound with immediate effect by these Terms. Should you not with to be bound by these Terms, please leave this Site immediately and do not use our Services.
Castille Resources Limited is a limited liability company, registered and incorporated under the laws of Malta with company registration number C 36907 and having its registered address located at Case Leone, Pjazza Robert Sammut, Floriana, FRN 1200.
a. Clients must apply to set up an account with castilleresources.com in order to make use of our services. The services do not constitute an offer from Castille and Castille reserves the right in its sole discretion to refuse to offer the services to any person or organisation with no explanation.
b. A legally binding contract between Castille and the Client comprising these terms and the order confirmation will come into effect when i) in the case of online orders, the screen confirming successful purchase of services appears on the website and ii) in the case of the Castille onboarding team, Castille has received the Client’s completed order confirmation. The Client acknowledges that such contract is conditional upon the Client successfully passing Castille’s vetting process.
c. Castille shall perform the services using information and criteria supplied by the Client. It is the responsibility of the Client to provide accurate and up-to-date information.
d. The Client undertakes not to submit for inclusion on the platform any contentor otherwise) which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit which may negatively affect Castille or its reputation.
e. Invoices for packages will be issued upon completing the order confirmation and are payable immediately upon such confirmation. In the event of late payment, Castille can at its discretion charge interest at the maximum APR allowed at EU law whilst also suspending the service until payment is received. For avoidance of doubt, the Client shall remain liable for payment of all agreed services.
f. Unless otherwise notified in writing by an authorised officer representing Castille, fees will be remitted to the Castille HSBC Euro bank account (IBAN MT64MMEB44336000000033307133001) or by cheque payable to Castille Staffing Limited, mailed at our registered address. Online payments may also be carried out by PayPal and such payments shall be subject to PayPal’s terms and conditions.
g. The Client may provide Castille with a recurring payment authorisation to enable Castille to withdraw regular payments from the Client’s designated debit or credit card for payment of services. When a recurring payment authorisation has been provided, Castille will be authorised to process regular payments for the services provided from the designated debit or credit card without the need to obtain individual authorisation for each payment. The Client will remain liable for any outstanding fees (if any) in the event that a recurring payment authorisation is cancelled prior to the full settlement of the agreed annual packages.
h. Once a contract has been agreed or renewed, Castille does not accept any cancellation of then agreed services. No refunds will be given and outstanding invoices will remain payable.
i. The packages are for a minimum term of 12 months unless otherwise agreed by Castille. In the event of early termination, no refunds will be given, outstanding invoices will remain payable, and the fees in respect of any outstanding minimum term shall become immediately payable. These services will automatically be renewed for a further 12-month term on the same terms and fees as are applicable on the date immediately prior to the relevant anniversary date, unless either party gives the other written notice to terminate at least 28 days prior to such anniversary.
j. Castille may at its sole discretion, add, modify or discontinue any of the agreed services from time to time. However, this will not affect any order confirmation agreed prior to any change or withdrawal of the relevant service.
k. Castille reserves the right to change the fees and/or these terms and conditions from time to time, provided that no change shall be retrospective.
l. Without prejudice to any other remedy, Castille may terminate the Client’s account and any or all contracts and services with immediate effect in the event of material or persistent breach of these terms by the Client, or if Castille has reasonable grounds to believe that the Client is unable or will not pay its debts.
m. Castille reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:
i. The Client has not provided full or accurate contact or company information.
ii. Castille considers the Client is acting inappropriately, unethically or illegally.
iii. The Client is using the platform to advertise other websites, services, businesses and/or other business opportunities in any part of the job vacancy or any other part of the site;
iv. The Client fails Castille’s credit evaluation process or defaults on payment;
v. The Client resells job postings without the express permission of Castille;
n. The Client agrees to use the portal and the services in good faith by posting authentic, impartial and unique jobs of reasonable quality, detailing adequate and accurate job details. The Client also agrees that any abuse of the services, portal or these terms can result in the Client’s access to the services being revoked and its account terminated.
o. All intellectual property rights connected with the services and/or the website shall remain vested in Castille or any third-party from whom such licenses are acquired. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
p. Castille does not guarantee that a) the portal and/or the services will be available at all times; b) the portal will be free from errors, viruses and/or other harmful applications; and c) the services will generate applications, responses or expected results. For the avoidance of doubt no service is guaranteed to result in a placement.
q. Castille shall not be in breach of these terms if events beyond its reasonable control prevent Castille from performing the services.
r. It is the Client’s responsibility to protect their devices against any viruses and malware.
s. These terms and where appropriate the order confirmation contains the entire agreement and understanding between Castille and the Client. The Client acknowledges that it has not relied on any representation made by Castille in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by Law, all terms implied by Law are excluded.
t. In the event that the Client makes a claim against Castille for whatever reason, Castille’s liability (if any) shall not exceed the price paid or to be paid by the Client for the services. Under no circumstances shall Castille be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these terms shall be construed to exclude Castille’s liability for death or personal injury by negligence or any other liability which cannot be excluded by Law.
u. If any clause or part thereof is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts;
v. Notices to Castille shall be sent to email@example.com and notices to the Client shall be sent to the address supplied on registration of Client’s account.
w. The Client shall not resell any services without the express written permission of Castille.
x. The terms shall be governed by the Laws of Malta and the parties submit to the exclusive jurisdiction of the Courts of Malta.
y. By submitting a vacancy to the platform, the Client is authorising Castille to post such vacancy and submit candidates ranked by Castille in accordance with the Client’s criteria (if any).
z. The Client is responsible for the content of the vacancy and will indemnify Castille against any related claims, loss, liability, expense and/or damages.
aa. The Client shall include in the job descriptions any qualifications and/or authorisations required by Law or by any relevant professional body. If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay.
bb. Applicants’ responses will be forwarded by Castille by email subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants’ responses and Castille accepts no responsibility for the content of any such application.
cc. All and any subsequent dealings between the Client and any applicant in connection with the applicant’s response to the job posting are the responsibility of the Client and Castille accepts no liability whatsoever therewith. The Client will indemnify Castille against any losses in connection therewith.
By submitting a vacancy to the portal, the Client thereby confirms that the content of the vacancy complies with such Laws and indemnifies Castille against any related losses.
ee. The Client shall not post a vacancy where there is a risk of the health and safety of the candidate or where the role involves work with vulnerable persons. By posting any vacancy the Client is deemed to give the relevant undertakings.
ff. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold Castille harmless against any related losses.
gg. Company profile and free job postings are at the discretion of Castille. The breach by the Client of any of these terms or in the case of any outstanding debt, may result in such services being withdrawn from the Client.
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