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Terms and Conditions for Employers

 

Please read these terms and conditions carefully before using the endorsejobs.com website. By using the endorsejobs.com website, you signify your agreement to be bound by these terms and conditions.

 

1.                    General
1.1                 The following definitions apply:
‘’Agent Network’’ means the network of overseas recruitment agents maintained by Endorse.
‘’Candidate’’ means a job seeker who has set up an account with Endorse in order to search for job listings.
“Candidate Data” means any and all data pertaining to a Candidate which is obtained by the Employer, including any such data which is procured from or provided by any Candidate through the Website.
 
“Candidate Details” means any information provided by or on behalf of the Candidate (including the Candidate’s Curriculum Vitae and any other information about the Candidate).
 
“Commencement Date” means the date for the commencement of the Services as set out in the Order Confirmation.
 
“Data Protection Law”  means the General Data Protection Regulation 2016/679 (“GDPR”) or any equivalent provision which may replace the GDPR following the formal political separation of the United Kingdom from the European Union; the Regulation of Investigatory Powers Act 2000; the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699); the Electronic Communications Data Protection Directive (2002/58/EC); the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003); and all applicable laws and regulations which may be in force from time to time relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction, and data controller, data processor, data subject and personal data shall have the meanings given in the Data Protection Law.
 
’Employer’ means a company, firm, Trust or organisation (collectively,Organisation”) which has set up an account with Endorse to search for Candidates in order to fill its vacancy needs.
“Endorse”, “we”, “us” or “our” means Endorse Medical Limited, acting through Endorsejobs.com.
 
Key Account Manager” means the individual designated by Endorse to liaise with the Employer in connection with the provision of the Services to the Employer.
 
“Listing” means a job listing or an Employer event listing which is posted on the Website.
 
“Order Confirmation” means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of orders via the Endorse sales team, the form signed by the Employer confirming details of the Services ordered by the Employer.
 
“Services” means the provision by Endorse of job listing services and Employer event listing services on the Website, together with any other separately contracted services to be provided by Endorse to the Employer.
 
“Terms” means these terms and conditions of supply.
 
“Website” means www.endorsejobs.com and includes without limitation its content, databases, software, code and graphics.
 
1.2              Our Website is a job and event listing directory. Any contact between an Employer and a Candidate through our Website is made with that named Employer or Candidate only and our Website acts solely as a user interface. For the avoidance of doubt, Endorse shall not be deemed to be effecting introductions between Candidates and Employers (or vice versa), nor shall Endorse be deemed to be supplying Candidates to Employers.
1.3              The appearance of any Listing on our Website does not in any way imply, suggest, or constitute a recommendation by Endorse of that Listing or any Employer, nor any sponsorship or approval of Endorse by any such Employer, nor any affiliation between any such Employer and Endorse.
1.4              Endorse hosts content made available by Employers and Candidates. Endorse is in no way responsible for the accuracy, timeliness or completeness of such content.
 
2.          Service
2.1        Any Employer wishing to post any job Listing or event Listing on the Website will be required to subscribe to  Endorse’s Enterprise Listing Service; this is a paid service whereby the Employer can post a single Listing within a particular location and given unlimited event or unlimited job Listings, including upgrading their Listing to gain greater exposure to Candidates. Endorsed Employers will be given greater prominence in job and event Listings for the annual rolling term. Employers will be able to add their Organisation’s logo, images and video, social media links, location and contact information for Candidates to view, so as to increase chances for Candidate reviews and ratings. Candidates will be able to apply directly to Endorsed Employers, through its Endorsed job listings. Endorsed Employers will be able to manage their profile by logging into their online account and producing activity reports. Employers will also be prioritised to receive Candidate CV’s through its free service to Candidates. Endorsed Employers will also be prioritised for Home Page rotational positioning and search prioritisation.  The Employer will receive a dedicated Key Account Manager and copywriter to manage, create and edit all job and event listings. The Employer will receive email and telephone call back support from their Key Account Manager.
2.2        Endorse shall provide the Services with reasonable skill and care in accordance with these Terms. This shall be the only warranty given by Endorse with respect to the provision of the Services.
2.3        The Employer should set up an account with Endorse or alternatively contact their Key Account Manager in order to gain access to Endorsed Services. The Services do not constitute an offer by Endorse and Endorse reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
2.4        A legally binding contract between Endorse and the Employer comprising these Terms and the Order Confirmation will come into effect when:
(a)         in the case of online orders, the screen confirming successful purchase of the Services appears on the Website; 
(b)         in the case of orders via the Endorse sales team, Endorse has received the Employer’s completed Order Confirmation. The Employer acknowledges that such contract is conditional upon the Employer passing Endorse’s credit and validation checking process in accordance with Endorse’s Credit Account Terms and Conditions.
 
2.5         Endorse will perform the Services using information and criteria supplied by the Employer. It is the Employer’s responsibility to provide accurate and up to date information.
2.6         Profile, job and event Listing information and contact details may be collected directly from the Employer or the Employer’s website to create Listings. The Employer shall be solely liable for ensuring the accuracy and completeness of all such information and contact details as Endorse will not be responsible for their verification. Any changes to the Employer’s contact details must be immediately notified to the Employer’s Key Account Manager by email or telephone.
2.7         The Employer will be contacted regularly by their Key Account Manager to review their Listings; the frequency of contact will be determined by the Key Account Manager and the Employer.
2.8          Endorse will submit the Employer’s Listings to various external overseas job-boards and social media platforms throughout the course of each year and those submissions will reflect the preferred locations that the Employer wishes to target, but the number, type, frequency and direction of those submissions shall be determined at the Key Account Manager’s sole discretion.
2.9          Candidate CV’s will be submitted to the contact email address provided by the Employer, or Candidates will be redirected to the Employer’s candidate portal to complete their application, at the Key Account Manager’s sole discretion.
2.10        CV’s can only be used for recruitment purposes and for no other purpose.
2.11        The Employer shall not share referred CV’s with any third party.
2.12        If any Employer should wish to open any Listing up to the Agent Network, they should complete the ‘fill my vacancies’ form, which is located on the Employer page of the Website. The terms for this service may be viewed here: https://www.endorsejobs.com/terms-conditions/.
2.13        Any CV referred to the Employer via the Agent Network shall render the Employer liable to pay the agent’s agreed commission pursuant to the Conduct of Employment Agencies and Employment Businesses Regulations 2003; the Employer must make payment in the appropriate amount to Endorse, who will then remit payment to the agent.
2.14        Should the Employer wish Endorse to provide the Employer with any Services other than the Enterprise Listing Service (including, but not limited to CV/Candidate management, document verification and/or Candidate deployment), the Employer should contact their Key Account Manager in order to enter into a separate contract for the provision of these additional Services.
2.15         Where the Employer has opted to have Endorse assist with the deployment of the Candidate, the Employer must keep their Key Account Manager apprised of the progress of the deployment process so that invoices can be issued to the Employer on a timely basis.
2.16         The Employer undertakes not to submit for inclusion in any Listings, its profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene, lewd or sexually explicit or suggestive or against the spirit of the Endorse Code of Practice or which may adversely affect Endorse or Endorse’s reputation.
2.17         The price of the Services will be the price on the Order Confirmation, unless a separate agreement has been reached between Endorse and the Employer regarding price. Endorse shall issue an invoice to the Employer on formation of a contract as set out in clause 2.4 above and annually thereafter, and in the case of additional Services, at agreed intervals in advance thereafter. The Employer shall pay Endorse’s invoices in full within 14 days from the date of invoice. In the event of late payment, Endorse may suspend any or all of the Services until payment is received. In the event that the Employer fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), Endorse may terminate or suspend the provision of the Services and all outstanding invoices shall become payable immediately; the fees in respect of any outstanding minimum term shall also become payable immediately. For the avoidance of doubt, the Employer shall remain liable for the payment of all agreed Services notwithstanding that such Services may have been suspended or terminated under this clause 
2.17.        Without prejudice to any other remedy, Endorse reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
2.18         The Employer may provide Endorse with a recurring payment authority to enable Endorse to take regular payments from the Employer’s nominated debit or credit card for payment of the Services. Such authority must be provided to Endorse’s sales team by phone or online through the Employer’s online account. When a recurring payment authority has been provided, Endorse will be entitled to take regular payments for the Services from the nominated debit or credit card without the need to obtain individual authorisation for every payment. The Employer may cancel or update a recurring payment authority at any time by calling Endorse’s sales team or online in the Employer’s online account. The Employer shall remain liable for any outstanding fees (if any) in the event that a recurring payment authority is cancelled prior to paying for all Services provided.
2.19         Once a contract has been formed, Endorse cannot accept any cancellation of the agreed Services: unless otherwise agreed in writing by Endorse (subject to Endorse’s sole and absolute discretion), no refunds will be given and any and all outstanding invoices shall remain payable. Without prejudice to the foregoing, the Enterprise Listing Services will be provided for a minimum term of 12 months unless otherwise agreed in writing with Endorse. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable. Any contract for the Enterprise Listing Services will automatically roll over for further minimum terms of 12 months on the same terms and fees for each renewal term shall become payable on the date immediately prior to the relevant rollover date, unless either party gives the other written notice to terminate at least 14 days prior to such rollover date.
2.20          Endorse may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
2.21          Endorse reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
2.22          Without prejudice to any other remedy, Endorse may terminate the Employer’s account and any or all contracts and Services upon notice to the Employer with immediate effect in the event of material or persistent breach of these Terms by the Employer or if Endorse has reasonable grounds to believe that the Employer cannot or will not pay its debts.
2.23          Endorse reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:
(a)             the Employer has not provided full or accurate contact information;
(b)            Endorse considers the Employer is acting inappropriately or illegally;
(c)             the Employer has worked against the spirit of the Endorse Code of Practice;
(d)            the Employer is using the Website to advertise websites, services, businesses and/or business opportunities in any part of the Listing or on any part of the Website; and/or
(e)             the Employer fails Endorse’s credit and validation checking process, or defaults on payment.
 
2.24          The Employer agrees to use the Website and the Services in ‘good faith’ i.e. to post authentic, ethical, impartial and unique Listings of reasonable quality, which provide both adequate and accurate service details and to treat all  Candidates with honesty, transparency and fairness. The Employer also agrees that any abuse of the Services, Website or these Terms can result in the Employer’s access to the Services being removed, and its account being terminated.
2.25          All intellectual property rights connected with the Services and/or the Website shall remain vested in Endorse or any third party from whom such rights are licensed. The Employer shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is or may be the subject of any such intellectual property rights.
2.26           Endorse respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Website or otherwise any materials that violate another person’s intellectual property rights. Suspected trademark or copyright violations should be reported by sending an email to [email protected].
2.27           Endorse encourages the sharing of comments, reviews and questions with us by emailing us on [email protected]m, although we may not be able to respond to every email.  Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Endorse’s products or services.
2.28          Any party that submits material to us is responsible for all material submitted, including its reliability, originality, and copyright. No trade secrets or other confidential information should be contained in any messages. Any and all rights to materials submitted to us become the exclusive property of Endorse. Further, by submitting feedback to us, the party submitting the feedback is granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute all feedback received for any purpose, including business, commercial, marketing, advertising, or otherwise.
 
3.              Liability
3.1            Endorse cannot guarantee that:
(a)             the Website and/or the Services will be available at all times;
(b)            the Website will be free from errors, viruses and/or other harmful applications; and
(c)             the Services will generate any Employers, responses, CV’s or results. For the avoidance of doubt, no Listing or Service nor use of our Website is guaranteed to result in a contract or placement.
3.2            Endorse acknowledges that, as and between Endorse and the Employer, it will act as a data controller for the purposes of the Data Protection Law.
3.3            For the sake of clarity and the avoidance of doubt, the Employer acknowledges that it is acting as a data processor for the purposes of the Data Protection Law in connection with any Candidate Data it obtains in the provision of the Services by Endorse. It is the Employer’s responsibility to comply with its obligations as a data processor and to satisfy themselves of the legal grounds for processing any Candidate Data. The Employer’s specific obligations as a data processor are set out in clauses 3.4 to 3.11.
3.4          The Employer will process all Candidate Data in compliance with the Data Protection Law and otherwise as necessary to perform the Employer’s obligations under these Terms.
3.5           The Employer may only use the Candidate Data for the purpose of facilitating contact with Candidates through the Website in relation to a specific job or event Listing posted by the Employer.
3.6           The Employer will implement technical and organisational measures to ensure the security of the Candidate Data and such measures will conform to the requirements of the Data Protection Law.
3.7           The Employer shall not retain the Candidate Data for any period longer than that required to perform the Employer’s obligations under these Terms.
3.8           The Employer may not supply, sell, license, disseminate or distribute any Candidate Data to any other person, including another member of the Employer’s Organisation.
3.9            The Employer shall assist Endorse in complying with its obligations under the Data Protection Law, including assisting in responding to any requests by data subjects and supervisory authorities.
3.10         The Employer shall promptly notify Endorse of any data breaches concerning Candidate Data.
3.11         The Employer shall make available to Endorse all information requested to demonstrate compliance with the Data Protection Law and will contribute to audits conducted by Endorse or our representatives in relation to the processing of Candidate Data by the Employer.
3.12          The Employer shall indemnify and hold Endorse harmless against any claim, loss, liability, expense and/or damage arising from any failure by the Employer to fulfil any obligation of the Employer under clauses 3.3 to 3.11 above.
3.13          The Employer acknowledges that it does not acquire any rights in the Candidate Data and that the Employer’s retention and use of the Candidate Data is governed by these Terms.
3.14          On the termination of the contract between Endorse and the Employer, the Employer shall, at Endorse’s election, arrange for the Candidate Data to be destroyed or transferred to Endorse.
3.15          The Candidate bears sole responsibility for verifying the accuracy, completeness and truthfulness of all Candidate Details on the Website and for verifying the accuracy, completeness and truthfulness of any Candidate Details or other information provided to Endorse.
3.16          Endorse does not guarantee that any vacancy advertised via the Website will be filled by the Candidate, nor that any position so advertised will be suitable for the Candidate or will meet the Candidate’s requirements.
3.17          Endorse will seek to ensure that the Candidate Data is processed in compliance with the Data Protection Law and otherwise as necessary to perform Endorse’s obligations hereunder.
3.18          Some of the vacancies advertised on the Website are in countries which are located outside the European Economic Area (EEA). Some countries outside the EEA offer a lower standard of data protection than that which is available within the EEA. By submitting Candidate Data via the Website, the Candidate understands that any Candidate Data may be transferred, stored and processed outside the EEA; however, Endorse will take all steps reasonably necessary to ensure that all such Candidate Data is treated securely and in accordance with the Data Protection Law.
3.19          Whilst Endorse has put safeguards in place with Employers regarding the processing of Candidate Data, Endorse is not responsible for and shall not be liable for the collection, usage and disclosure policies and practices (including the data security practices) of any Employers to whom any Candidate Data is disclosed via the Website.
3.20          Endorse shall not be in breach of these Terms if events beyond its reasonable control prevent Endorse from performing the Services.
3.21          It is the Employer’s responsibility to protect their computers against any viruses and malware.
3.22         In the event that the Employer makes a claim against Endorse for whatever reason, Endorse’s liability (if any) shall not exceed the price paid or to be paid by the Employer for the Services. Under no circumstances shall Endorse 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 so as to exclude or limit Endorse’s liability for death or personal injury by negligence or for any other liability which cannot by law be excluded or limited.
3.23          From time to time Endorse will contact Employers in order to evaluate the service they receive and also to promote Endorse’s services and products. Endorse monitors the quality of Listings from time to time in order to provide a better service for Candidates and Employers.
3.24          The Employer undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated entity or organisation, any employee of Endorse. Breach of this clause shall be a material breach and will entitle Endorse, (without prejudice to any other remedies it may have), to terminate the Employer’s account and Services immediately.
3.25          No Employer or Candidate shall undertake any recruitment business of any kind with each other with respect to the subject matter of these Terms, the Services, or any contract arising under these Terms, save for any such business which is conducted under and in accordance with these Terms. For the avoidance of doubt, the restrictions imposed by this clause shall cover job listing services, event listing services, and other miscellaneous goods and service listing services, together with anything pertaining to the aforesaid services and any analogous services.
 
4.              Listings
4.1            By submitting a Listing to, or making a Listing available for use on, our Website, the Employer is authorising Endorse to post such Listings on the Website.
4.2            The Employer’s use of the Enterprise Listing Service is subject to Endorse’s fair usage policy. Endorse deems fair usage to be the posting of no more than 20 Listings per month, unless otherwise agreed by Endorse in writing. Endorse reserves the right to revise this fair usage limit without notification.
4.3             The Employer acknowledges that Endorse may not be able to achieve any specified go-live date for the Employer’s Listing unless Endorse receives the complete creative content for the Listing in an acceptable format at least two working days before 9:00 am (UK time) on the go-live date specified by the Employer.
4.4            As part of Endorse’s commitment to getting the best possible response for each Employer, Endorse reserves the right to amend some of the job or event details that the Employer supplies in order to optimise the Employer’s Listing.
4.5            Any Listing posted on the Website will remain live for the period stated in the Order Confirmation.
4.6            The Employer is responsible for the content of material supplied by the Employer for use in any Listing and for ensuring that the Employer has the right to supply it to Endorse. The Employer hereby:
(a)             indemnifies Endorse against any claim that any such material infringes the intellectual property rights or other rights of others; and
(b)            indemnifies Endorse and holds Endorse harmless against any claim, loss, liability, expense and/or damage (“Losses”) otherwise incurred in connection with the content of the Listing.
 
4.7            The Employer shall include in a job Listing the following information:
(a)             Organisation Name, Organisation Website, Address and other contact information;
(b)             Healthcare Industry role and location;
(c)             Organisation logo, images and video;
(d)             Google maps iframe;
(e)             Organisation credentials, Licencing, accreditation, membership and framework agreements;
(f)              Office opening and closing times;
(g)             Social Media Links.
 
4.8             The Employer shall include in an event Listing the following information:
(a)              Organisation Name, event website page, Address and other contact information regarding the event;
(b)             Healthcare industry event location;
(c)             Webpage URL to register and webpage URL for exhibitors;
(d)             Organisation logo, event logo, images and video;
(e)             Google maps iframe;
(f)              Organisation credentials, Licencing, accreditation, membership and framework agreements;
(g)             Event description and exhibitors attending;
(h)             Event opening and closing times;
(i)              Social Media Links;
(j)              Event services and offers.
 
4.9             The Employer shall provide sufficient details about itself and its Listings, including without limitation the nature of the Organisation, the nature and duration of the role, the type of work to be performed, and the location, remuneration and benefits.
4.10          The Employer will comply with all applicable laws, including without limitation: the Data Protection Law and the Equality Act 2010. By submitting a Listing to the Website, the Employer thereby confirms that the content of the Listing complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at: https://www.equalityhumanrights.com/en/publication-download/employment-statutory-code-practice and the Employer also confirms that it will align its practices with the principles of good practice including the World Health Organisation’s code of conduct for International Recruitment http://www.who.int/hrh/migration/en/, which Endorse has aligned its Code of Practice with.  The Employer shall indemnify Endorse and hold Endorse harmless against any Losses incurred in connection with any breach by the Employer of any of the provisions of this clause 4.10.
4.11          Listings which appear to discriminate on grounds of sex, race or disability are unlawful and may result in proceedings being taken against both the advertiser and the publisher. Listings are accepted by Endorse on the basis that the Employer confirms that any requirement or qualification which may appear to discriminate unlawfully is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if Endorse nonetheless believes that a Listing may be discriminatory, Endorse may at Endorse’s discretion either amend the Listing or remove it from the Site without liability to the Employer to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and Endorse will notify the Employer accordingly.
4.12          Endorse does not guarantee any response to the Employer’s Listing or that responses will be from Candidates suitable for any job advertised. It is the Employer’s responsibility to carry out such checks and procedures as are necessary to ensure that Candidates are suitable for the job advertised.
4.13          The Employer is solely responsible for managing all Candidate CV’s and job applications that it receives and for verifying the information contained in such Candidate CV’s and applications and Endorse accepts no responsibility for checking the content of any CV or job application. In particular, but without limitation, the Employer is responsible for verifying the Candidate’s identity, eligibility to work, experience, training, qualifications and authorisations required by the Employer, by law or by any relevant professional body for any vacancy.
4.14          All and any subsequent dealings between the Employer and the Candidate (in connection with the Candidate’s response to the Listing and any other matter) are the sole responsibility of the Employer and Endorse accepts no liability whatsoever in connection therewith. The Employer will indemnify Endorse and hold Endorse harmless against any Losses incurred in connection therewith.
4.15          The Employer agrees to deal fairly and professionally with any and all Candidates who may respond to a Listing the Employer has posted and not do anything which may bring Endorse into disrepute. The Employer will indemnify Endorse from and against any claim brought by any Candidate against Endorse arising from the Employer’s breach of this obligation or any other provision of these Terms.
4.16          The Employer shall protect any potential Candidates from harm or exploitation, whilst working to prevent Modern Slavery.
 
4.17          The Employer shall not post any Listings where:
(a)             there is a risk to the health and safety of any Candidate at the location where the work is to be performed, unless the Employer undertakes to inform the Candidates of such risks and the steps taken to prevent or control such risks; or
(b)            the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Employer undertakes, in respect of the Candidate to be placed:
(i)              to obtain copies of any relevant qualifications or authorisations of the Candidate;
(ii)             to obtain two references from persons who are not relatives of the Candidate; and
(iii)           to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the Candidate is not unsuitable for the position concerned.
 
4.18           The Employer accepts responsibility for any matter which may arise between a Candidate and an Employer, including any detriment which the Employer may suffer or incur in respect of the engagement of a Candidate and shall indemnify Endorse and hold Endorse harmless against any Losses incurred in connection therewith.
4.19           Endorse reserves the right in its sole and absolute discretion to remove any Listings at any time without reason. Examples of Listings that may be removed include, but are not limited to:
(a)            those that Endorse considers illegal, inappropriate or fraudulent;
(b)            those that directly or indirectly require or ask for application or registration fees;
(c)            those that advertise pyramid, network marketing or get-rich-quick schemes;
(d)            those that have been indiscriminately posted or duplicated across multiple sectors;
(e)            those that advertise websites, services, businesses, business opportunities and/or contact details;
(f)             those of Employers who solicit or attempt to solicit staff from any member of Endorse.
 
5.                    Miscellaneous
5.1             These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between Endorse and the Employer. The Employer acknowledges that it has not relied on any representation made by Endorse 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 or statute are excluded.
5.2             If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
5.3             Notices to Endorse shall be sent by email to [email protected] and notices to the Employer shall be sent by email to the address supplied on set up of the Employer’s account.
5.4             These Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
5.5             The specific costs for the annual subscription are itemised in Appendix 1.
 
APPENDIX 1
Annual Subscription Costs: £1,500 (excluding 20% VAT)
 
The submission of the online ‘Fill my Vacancy’ form confirms that you have read, understood and accept these Terms and that each party agrees to be bound by them.