Terms & Conditions
GamesJobsDirect.com is owned and operated by Yoko Media Ltd. All services, whether gratuitous or not, are supplied subject to these terms of business.Yoko Media Ltd is a Private Limited Company registered in England and Wales, Company Number: 07609419.
In these terms and conditions:
1. “Agreement” means the list of Services to which both Client and Company have agreed shall be provided to the Client by the Company, in return for payment;
2. “Candidate” is a generic term for any person registering their details on our Website for the purpose of finding a job at any point in the past, present or future;
3. “Candidate Database” means the collection of people who at one time or another registered with the Website for purposes of finding a job through it;
4. 'Client' means any person, company, organisation or firm that purchases Services from the Company or uses the Services of the company on a trial basis;
5. “Company” means Yoko Media Ltd and any subsidiary, partner or relation to the business, but specifically relating to the Website;
6. 'Contract Term' means the full term specified in the Sales Order Form;
7. “Job” or “Job Posting” (or other such connotations) refers to a vacancy advertised by the Client;
8. “Recruitment Advertising” is a term used to describe the advertising of a specific job vacancy pertinent to the Client, via the Website;
9. 'Sales Order Form' means an order for Services on a form provided by The Company (in any format) and signed/agreed by a Client (in any format including by email confirmation);
10. 'Services' means all recruitment advertising products and services made available by the Company via its Website;
11. “Website” means http://www.gamesjobsdirect.com or any of its subsidiary sites;
In the context of these Terms & Conditions, Yoko Media Ltd is an Online Recruitment Advertising Company specific to the Video Games Industry, where Candidates apply to jobs posted by Clients and Clients search the CVs of Candidates and contact them regarding Job Vacancies.
Commencement of Services
The Company shall not commence the provision of Services pursuant to any Sales Order Form until the Sales Order Form has been verified, signed and returned to the Company. Returned Sales Order Forms are accepted via email, fax or post.
Prices are guaranteed for the period stated on the Sales Order Form or any other such documentation. Prices are confidential and may not be disclosed by the Client to any other party.
1. A job posted on the Website will remain live for 42 days or such shorter time as may be agreed with the Client;
2. Any extension of this time will be charged to the Client as a new posting;
3. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price-per-job agreed with the Client at the time of the contract negotiation;
4. A single job is identified by its unique ID number;
5. If a Client deletes a job and then either reposts it or posts another, this will be classed as two job postings.
Payment for Services
All advertised Services prices exclude VAT/Sales Tax;
Services are to be paid for in advance via Credit/Debit Card using the Stripe or Paypal gateways unless otherwise agreed. Monthly rolling agreements may be paid by Standing Order or recurring billing of a Credit/Debit Card;
For each transaction, an invoice and/or statement shall be issued to the Client, against which payment is due;
Late payment for Services is liable to attract interest, accruing at a rate of 8% above the Bank of England’s base rate at the time;
Payment of Services is to be made in accordance with the details outlined before engagement;
All sales are final and non-refundable.
The Agreement is based on a rolling contract, where there is no defined end date, unless otherwise agreed between both parties.
The Client may terminate the Agreement after the minimum term/end date by giving one months written notice.
The Agreement shall be terminated immediately by either party in the event:
1. The other party is in material breach of these Terms and Conditions and, following a period of ten days, has not remedied such breach;
2. Either party becomes insolvent, ceases to trade or enters into liquidation;
If the Client terminates the agreement before the end of the Contract Term may, the balance owing for the remainder of the contract term must be paid in full.
Limitation of Liability
The Company’s total liability to the Client in respect of any Services, except for death or personal injury caused by the Company’s negligence, is limited to the total amount paid to The Company during the Contract Term for such Services, or £5,000, whichever is the greater.
There are rules regarding the content and format of jobs posted on the Website. Their purpose is to ensure that visitors who search the Website receive results which are presented as clearly and informatively as possible. The Client agrees that the Company may, at its discretion and without liability to the Client, remove from the Website any advertisement which is posted in breach of these rules. The rules may change from time-to-time.
The Rules are:
1. No duplicating of jobs at the expense of other clients' jobs;
2. No gratuitous use of keywords in job descriptions or job titles. Gratuitous means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views;
3. Job advertisements placed on the Website must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity';
4. URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and URL linking is permitted from the 'apply online' link;
5. Advertisements which appear to discriminate on grounds of sex, race, disability or age are illegal and may result in proceedings being taken against both the advertiser and the publisher.
Responses to Advertisements
The Client agrees to deal fairly and professionally with individuals who may respond to a Client’s advertisement and not do anything which may bring the Company and Website into disrepute. The Client shall indemnify The Company from and against any claim brought by an individual against the Company arising from the Client’s breach of this obligation or any other of these terms and conditions.
The Company does not guarantee any response to the Client’s advertisements or that responses will be from individuals suitable for the job advertised. It is the responsibility of the Client to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
It is the Client’s responsibility to ensure that it has the appropriate equipment and is connected to the appropriate services to enable it to post jobs to the Website.
Content and Links
If the Client’s advertisement links to another site via the Company’s external apply online option, the Client is responsible for maintaining the links and for the content of your advertisement and the linked site. The Company may remove from the Website any advertisement which contains content or links to a site which, in its opinion, is defamatory, illegal or objectionable or will bring the Website into disrepute. The Client shall indemnify The Company from and against any claims or liability arising from content or links contained in its advertisements.
Vacancies posted by the Client to the Website may also appear on third party recruitment websites, pursuant to agreements from time to time between the Company and the proprietors of such web sites.
The Company Candidate Database
Rights in the database
Database rights and all other applicable copyright and intellectual property rights in the Candidate Database belong to The Company. The Client acknowledges that it does not acquire any rights in the database or its content and that its retention and use of the database and its content is governed by these terms and conditions.
The use of the database
The material the Client is entitled to receive from the Candidate Database is determined by the product the Client has purchased from The Company. On receipt of this material the Client may:
1. Use, search or download it to its database for the purpose of finding suitable candidates for specific job vacancies that the Client or (in the case of an employment agency or employment business) its Client wishes to fill;
2. Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through the Website depending on the product have purchased) in relation to a specific job vacancy;
3. Use the information only in connection with the Client’s own recruitment-related activities.
The Client may NOT:
1. Supply, sell or license material from the candidate database, or a copy of it to any other person, including another member of any Client’s group of companies;
2. Download the database through any automated (e.g. "scraping") process;
3. Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies.
The Client must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations in relation to the protection and use of personal data.
Dealings with Candidates
The Client agrees to deal fairly and professionally with individuals it may contact using information from the candidate database and not do anything which may bring The Company or Website into disrepute. The Client shall indemnify the Company from and against any claim brought by an individual against the Company arising from the Client’s breach of this obligation or any other of these terms and conditions.
Usernames and Passwords
Usernames and Passwords are for the sole use of the person to whom they are issued. The Company may deny access to an account if it reasonably believes that it is being used by an unauthorised person or that the user is breaching these terms and conditions.
No variation or alteration to these Terms and Conditions is valid or has any effect unless authorised by a Director of the Company.
These Terms & Conditions shall constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of the Terms & Conditions.
You may not assign any of your rights and obligations under the Terms & Conditions.
Nothing in the Terms & Conditions shall oblige The Company to discontinue the Website or any other services provided through the Site at some future date.
If any of the provisions are held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Terms & Conditions had been executed with the invalid provision eliminated. In the event of a holding or invalidity so fundamental as to prevent the accomplishment of the purpose of the Terms & Conditions the parties shall immediately commence good faith negotiations.
The Terms & Conditions shall be governed, construed and shall take effect in accordance with the Laws of England; and shall be subject to the exclusive jurisdiction of the English courts.