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Detailed T's & C's appear below
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Welcome to this
1st4Jobs.com Web Site
Please read this section before proceeding further. By proceeding beyond this page,
you accept these Terms and Conditions and agree to abide by them.
1st4Jobs.com may revise Terms and Conditions at any time by updating this section.
You should therefore revisit this page periodically to review the Terms and Conditions,
as they are binding on you.
References
to "we/our/us" are to 1st4Jobs.com. The terms "You" and "User"
are used to refer to all individuals and/or entities accessing this website for
any reason.
Definitions
of other terms used in this section are included in the Appendix.
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Use of the Web Site
The
web site may be used only for lawful purposes by individuals seeking employment
and career information and employers seeking employees.
As
a user, you are responsible for your own communications and are responsible for
the consequences of placing or responding to an advertisement or any other link.
By
placing an order for any of the services offered on this web site, you are requesting
that those services appear on our web site and in other media where this may be
applicable, in accordance with these terms. This means that your contact &/or
job details (as relevant) can be viewed by anyone with Internet access throughout
the world. You consent to the publication of this data in this way.
When
you register for the web site, you may be asked to provide the Company with certain
information including, without limitation, a valid email address. In addition to
the terms and conditions that may be set forth in any privacy policy on this web
site, you understand and agree that the Company may disclose to third parties, on
an anonymous basis, certain aggregate information contained in your registration
application. The Company will not disclose to any third party your name, address,
e-mail address or telephone number without your prior consent, except to the extent
necessary or appropriate to comply with applicable laws or in legal proceedings
where such information is relevant. The Company reserves the right to offer third
party services and products to you. Such offers may be made by the Company or by
third parties.
By submitting content to any area of the web site currently or potentially available
through the website, you grant the Company and its affiliates the loyalty-free,
perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right
(including any moral rights) and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, communicate to the public,
perform and display the content (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later developed,
for the full term of any rights that may exist in such content. You also warrant
that the holder of any rights, including moral rights in such content, has completely
and effectively waived all such rights and validly and irrevocably granted to you
the right to grant the license stated above. You also permit any subscriber to access,
display, view, store and reproduce such content for personal use. Subject to the
foregoing, the owner of such content placed on the web site retains any and all
rights that may exist in such content.
By
submitting an advert to us, or responding to an advert on the web site you shall
be deemed to have accepted these terms.
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Making an Order
By agreeing
to place your advert with us, you are requesting that the advert appears on our
web site. We will endeavour to contact you by e-mail to accept your advert or to
inform you if we are not able to accept the advert for any reason. However, no contract
is made between us until we have verified and accepted your advert copy.
If you send your advert to us on a working weekday before 4.00pm we will usually
confirm that same day whether or not it is accepted by us. Orders received after
4.00pm or during a weekend or bank holiday will not usually be verified or accepted
before the following weekday (excluding Bank Holidays).
To ensure
your advert is placed on the web site in the right format, you must provide all
advert copy by completing the standard order form appropriate to the relevant service.
By placing
an advert with us you are granting us a licence, with a right to sub-license, to
reproduce that advert (including in a modified form) as part of or in association
with the 1st4Jobs.com services on any website or on any other media controlled by
us or by any third party with whom we have, or enter into, an agreement for the
provision of classified advertising.
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General
These Conditions together with the Contract, and any relevant Registration
or Order Form govern the provision of the Services by 1st4Jobs.com and the obligations
of 1st4Jobs.com and the Client during the period that the Services are supplied
to the Client by 1st4Jobs.com as set out in the Contract.
These Conditions shall take immediate effect in substitution for
all previous terms and conditions relating to the Services whether written, oral
or implied between 1st4Jobs.com and the Client.
These Conditions are deemed to be accepted by the Client upon occurrence
of any of the following: receipt by 1st4Jobs.com of a completed Order Form or other
form of authority, signed for and or approved by on behalf of the Client or upon
entry into the Contract by signature (or clicking on the accept button below if
on line).
No variation of or alteration to these Conditions shall be valid
unless expressly agreed and confirmed in writing by a director, or other nominated
authority, of 1st4Jobs.com.
1st4Jobs.com may, at its discretion and without notice, report improper
or illegal use of CVs or the Services by the Client to the relevant legal and/or
professional bodies including but not limited to the Department of Employment, the
Data Protection Registrar, FRES or other relevant, national authority.
The Company makes no claims that the Materials may be lawfully viewed
or downloaded in all parts of the globe. Access to the Materials may not be legal
by certain persons or in certain countries. If you access the Web Site, you do so
at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction for any claims arising under this agreement shall lie with the English
Courts. If any provision of these Terms and Conditions are found to be invalid by
any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any term of these Terms
and Conditions shall be deemed a further or continuing waiver of such term or any
other term. Except as expressly provided in additional terms of use for areas of
the Web Site a particular "Legal Notice," or Software License or material
on particular Web pages, these Terms and Conditions constitute the entire agreement
between you and the Company with respect to the use of the web site. No changes
to these Terms and Conditions shall be made except by a revision to this section
of the website.
The Client shall not be entitled to assign the Contract nor any
or all of its rights and obligations hereunder.
If any provision of these Conditions shall be invalid or unenforceable,
it shall not affect any other provision which shall remain in full force and effect.
These Conditions and the Contract are the entire agreement between
the Client and 1st4Jobs.com in respect of the Services.
Any waiver by 1st4Jobs.com shall not be considered as a waiver of
the same succeeding or any other breach of the same provision and any delay shall
not operate as a waiver by 1st4Jobs.com.
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Your Advert
Each individual advert must be for only one job.
Your advert copy must be legal, decent, honest and truthful and
comply with British (or relevant national) Code of Advertising Standards Authority,
must be accurate and not infringe the rights of any third party. We may amend the
advert to ensure as far as is reasonably practical, compliance with those requirements.
Bearing in mind the nature of the service, we are not able to verify these issues
with regard to any statements made by you in your advert copy and accordingly you
shall indemnify us and hold us harmless from all claims, costs and expenses (including
legal expenses) resulting from your or any breach of this paragraph.
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Restrictions
and Prohibited Use of the Web Site
You are authorised to view material on this or any other 1st4Jobs.com
web site (the web site) for your personal non - commercial use only.
All the contents and compilation of this web site are protected,
and the property of the Company, its content suppliers or clients. Unauthorised
use of any of these Materials, including code, in any manner may violate copyright,
trademark, and other laws.
You must not, and by using this web site you agree not to, do the
following things:
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- Post any incomplete, false or inaccurate biographical, or any
other, information which is inaccurate, or in the case of a CV, is not your own
accurate CV
- Delete or revise any material posted by any other person or entity
- Transmit, distribute, store or destroy material in violation of
any relevant law or regulation
- Transmit, distribute, store or destroy material in a manner that
will infringe the copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal rights of others
- Transmit, distribute, or store material that is defamatory, obscene,
threatening, abusive or hateful or embarrassing to another user or any other person
or entity
- Post a sexually-explicit image or statement
- Post advertisements or solicitations of business
- Post chain letters, pyramid schemes, franchise, club membership,
distributorship or sales representative agency arrangement or other business opportunity
which requires an up front or periodic payment, pays commissions only (no significant
salary), requires recruitment of other members, sub-distributors or sub-agents
- Impersonate another person
- Post material that contains, without limitation, viruses, Trojan
horses, worms, time bombs, cancelbots, or other computer programming routines or
engines that are intended to overload, flood, spam, mailbomb, crash or otherwise
damage, detrimentally interfere with, surreptitiously intercept or expropriate any
system, data, or information or services to any user, host or network
- Use or attempt to use any device, engine, software, tool, agent,
routine or mechanism (including without limitation browsers, spiders, robots, avatars
or intelligent agents) to navigate or search this web site other than the search
engine and search agents available from the Company on this web site and other than
generally available third party web browsers (e.g., Netscape Navigator, Microsoft
Explorer)
- Use or attempt to use any device, engine, software, tool, agent,
routine or mechanism (including without limitation browsers, spiders, robots, avatars
or intelligent agents) to interfere or attempt to interfere with the proper working
of the web site or any activity being conducted on the site
- Violate or attempt to violate the security of the web site, including,
without limitation
- accessing data not intended for such user or logging into a server
or account which the user is not authorised to access
- attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper authorisation
- sending unsolicited e-mail, including promotions and/or advertising
of products or services
- forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting
- attempting to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of the web site
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Violations of system or network security may result in civil or
criminal liability. The Company will investigate occurrences which may involve such
violations and may involve, and co-operate with, law enforcement authorities in
prosecuting users who are involved in such violations.
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Our Liability
The Company
and web site acts as a passive conduct and venue for the online distribution and
publication of user-submitted information and has no obligation to screen communications
or information in advance and is not responsible for screening or monitoring material
posted by users. The Company has no control over and takes no responsibility for
the quality, safety or legality of jobs or CV's posted, the truth or accuracy of
the listings, the ability of employers to offer job opportunities to candidates
or the ability of candidates to fill job openings.
The Company
does not represent or guarantee in any way the truthfulness, accuracy, or reliability
of communications posted by users or endorse any opinions expressed by users. In
addition, it is acknowledged that there are risks, including but not limited to
the risk of physical harm, of dealing with strangers, foreign nationals, under age
persons or people acting under false pretences. You assume all risks associated
with dealing with other users with whom you come in contact through the web site.
By its very
nature, other people's information may be offensive, harmful or inaccurate, and
in some cases will be mislabelled or deceptively labelled. We expect that you will
use reasonable caution and common sense when using this web site.
You acknowledge
and agree that you are solely responsible for the form, content, accuracy of and
liability for any CV or material contained therein placed by you on the web site.
Employers are solely and similarly responsible for their postings on the web site.
If notified
by a user of communications which allegedly do not conform to these Terms and Conditions,
the Company may investigate the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the communication.
The Company
has no liability or responsibility to users for performance or non performance of
such activities.
The Company
reserves the right to expel users and prevent their further access to the web site
for violating the Terms and Conditions or the law and the right to remove communications
which are abusive, illegal, or disruptive.
The Company
may take any action with respect to user-submitted information that it deems necessary
or appropriate in its sole discretion if it believes it may create liability for
the Company or may cause the Company to lose (in whole or in part) the services
of its ISPs or other suppliers, clients or candidates.
You acknowledge
that any reliance on material posted by other users will be at your own risk.
In the event
that you have a dispute with one or more users, you release the Company (and our
agents and employees) from claims, demands and damages (actual and consequential,
direct and indirect) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected with
such disputes. If you are a California resident, you waive California Civil Code
d1542, which says: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favour at the time of executing the release,
which if known by him must have materially affected his settlement with the debtor."
The Company
is not to be considered to be an employer with respect to your use of the web site
and the Company shall not be responsible for any employment decisions, for whatever
reason made, made by any entity posting jobs on the web site.
The Material
may occasionally contain inaccuracies or typographical errors. The Company makes
no representations about the accuracy, reliability, completeness, or timeliness
of the web site or the Material. The use of the web site and the Material is at
your own risk. Changes are periodically made to the web site and may be made at
any time.
The Company
does not warrant that the web site will operate error free or that this web site
or its server(s) are free of computer viruses or other harmful mechanisms. If your
use of the website or the material results in the need for servicing or replacing
equipment or data, the Company is not responsible for those costs.
The web
site and material are provided on an as is basis without any warranties of any kind.
The company, to the fullest extent permitted by law, disclaims any and all representations,
warranties, undertakings and conditions, express or implied, including the warranty
of merchantability, fitness for particular purpose, title and non-infringement,
except as expressly otherwise provided in these terms and conditions. The company
makes no warranties about the accuracy, reliability, completeness, or timeliness
of the material, services, software, text, graphics or links contained in any of
the materials on the site.
Where we
have accepted an advert but it does not appear on the web site at all you shall
be entitled to a refund of the advert price unless the omission is caused by unforeseen
circumstances beyond our reasonable control or because of your breach of contract.
Our liability to you for breach of contract or negligence shall not exceed an amount
equal to the price of any advert or series of adverts regarding the same matter
placed by you on the site. In no event shall we be liable for any special, indirect,
consequential or purely economic loss whatsoever or any loss of profit regardless
of whether such losses are foreseeable and whether or not caused by our negligence
arising out of or in connection with the use of the site. Nothing contained in these
terms and conditions shall have effect so as to limit our liability for loss or
damage arising out of personal injury or death or acts of fraud.
In no event
shall the company, its suppliers, or any third parties mentioned on the web site
be liable for any damages whatsoever (including without limitation, incidental and
consequential damages, lost profits, or damages resulting from lost data or business
interruption) resulting from the use or inability to use the web site and the material,
whether based on warranty, contract, tort, or any other legal theory, and whether
or not the company is advised of the possibility of such damages.
In no event
shall 1st4Jobs.com, its officers, servants, agents or employees be liable for any
special, indirect, consequential or purely economic loss whatsoever regardless of
whether such losses are foreseeable and whether or not caused by 1st4Jobs.com's
negligence arising out of or in connection with the use of the 1st4Jobs.com sites
save that nothing contained in these terms and conditions shall have effect so as
to limit 1st 4 t Company's liability for loss or damage arising out of personal
injury or death or acts of fraud.
Within the
site you may find links or references to third party materials and third party web
sites outside the 1st4Jobs.com network.. We accept no liability of any description
in respect of the contents of such materials or sites. We should not be taken to
be endorsing, publishing, permitting or authorising such sites or materials.
The intellectual
property rights in all elements of the site comprising or available at 1st4Jobs.com
including without limitation the copyright, database rights, trade marks and patents,
know how, confidential information and collections of personal data are owned or
controlled by 1st4Jobs.com or as otherwise stated.
1st4Jobs.com
will not be liable for any loss of copy, artwork, photographs, data or other materials
which the Client supplies to it and the Client shall be responsible for retaining
in its possession sufficient quality and quantity of such materials for whatsoever
purposes it may require.
1st4Jobs.com
accepts no responsibility for any mistakes or errors whatsoever that arise during
the course of publication of any Advertisement or Promotion and shall not be liable
for any loss of information or data or any damage thereto or by reason of any representation
or terms whatsoever for any loss of profit by any indirect, special or consequential
loss (whether caused by the negligence of 1st4Jobs.com, its employees or agents).
Nothing
in these Conditions shall render 1st4Jobs.com liable for any loss or liability (including
without limitation as a result of any server crashes or being out of service, deletion,
corruption, loss or removal of data) arising out of the occurrence of any matter
outside its reasonable control. Time shall not be of the essence in respect of 1st4Jobs.com's
obligations hereunder.
No liability
will be accepted by 1st4Jobs.com for any delay costs expense loss, damage or other
loss (including without limitation loss of profits or any loss resulting from any
software disk or virus) howsoever caused arising from any matter beyond the reasonable
control of 1st4Jobs.com , the failure of 1st4Jobs.com to provide the Services or
out of any inaccurate, ambiguous or misinterpreted information or representation.
As it is
for Client to satisfy itself as to the availability, suitability, standard of skill,
integrity and reliability of all Applicants whose CVs are provided by 1st4Jobs.com
for its Clients and any particular job or position, no liability will be accepted
by 1st4Jobs.com for any loss or damage whatsoever (including loss of profits) howsoever
caused including without limitation arising out of the negligence, dishonesty, misconduct,
breach of faith wrongfully disclosure of confidential information or lack of skill
of any Applicant.
The Company
accepts no liability for claims arising from the use of any of the Materials on
or use of the website.
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English Law
These terms
and the contract of which they form a part shall be governed by English law and
shall be subject to the non-exclusive jurisdiction of the English courts. In the
event of any inconsistency between these terms and the Legal Notice, these terms
shall prevail.
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Links to Other Sites
The Web
Site contains links to third party web sites. These links are provided solely as
a convenience to you and not as an endorsement by the Company of the contents on
such third-party Web sites. The Company is not responsible for the content of linked
third-party sites and does not make any representations regarding the content or
accuracy of materials on such third party Web sites. If you decide to access linked
third party Web sites, you do so at your own risk.
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No Resale or Unauthorised
Commercial Use
You agree
not to resell or assign your rights or obligations under these terms. You also agree
not to make any unauthorised commercial use of the Web Site.
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Termination
The Company
reserves the right, at its sole discretion, to pursue all of its legal remedies,
including but not limited to deletion of your advertisement or other material from
this or other 1st4Jobs.com Web Sites, and immediate termination of any registration
now or at any stage in the future, with or ability to access the Web Site and/or
any other service provided to you by the Company, upon any breach by you of these
Terms and Conditions or if the Company is unable to verify or authenticate any information
you submit to the Web Site registration with or ability to access the web site.
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Indemnity
The Client hereby agrees without prejudice to any other right of
action which 1st4Jobs.com may have, at all time keep 1st4Jobs.com fully and effectively
indemnified and hold harmless the Company, is officers, directors, employees and
agents, against any claims, actions, demands or liability (which liability shall
include, without limitation, all losses, costs, expenses, actions, damages, legal
and other professional fees and expenses on a full indemnity basis) which 1st4Jobs.com
may suffer or incur as a result of any Advertisement or any Promotion, or pursuant
to the Services, or by reason of, any breach or non-fulfilment of any of the Client's
obligations in respect of these Conditions, alleging or resulting from the Client's
use of the Material or breach of the terms of these Terms and Conditions. The Company
shall provide notice to you promptly of any such claim, suit, or proceeding and
shall assist you, at your expense, in defending any such claim, suit or proceeding.
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Refunds
Refunds will only be given
at the exceptional discretion of the Company Management where it is clearly demonstrated
that staff in its employment have acted negligently or irresponsibly.
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Additional Terms
of Use
Certain
areas of this Web Site now or at any stage in the future be subject to additional
terms of use. By using such areas, or any part thereof, you agree to be bound by
the additional terms of use applicable to such areas.
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Appendix
Definitions
The following
words and phrases shall have the following meanings unless the context requires
otherwise:-
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Advertisement:
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any advertising
material supplied by a Client for transmission by the Internet from the Site
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Applicant:
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the person
who submitted the CV to 1st4Jobs.com and whose details are set out within a CV
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Banner Advertisement:
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an electronic
advertisement whose dimensions and delivery format are agreed, containing pictures,
logos and/or text which is made available to third parties on the Site
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Client:
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the person(s),
firm or company to whom the Services are provided by 1st4Jobs.com
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Commencement
Date:
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means the
earlier of the dates specified in the Contract and the date on which 1st4Jobs.com
places an Advertisement on the Site
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Conditions:
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means these
standard Terms and Conditions
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Contract:
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a contract
for the purchase and supply of the Services between 1st4Jobs.com and the Client
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CV:
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the curriculum
vitae or outline details of an Applicant's education, training, skills and employment
experience which is provided to 1st4Jobs.com by an Applicant for distribution to
employment agencies or employers for the purpose of securing employment
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End Client:
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the person(s)
firm or company to whom the Client(s) services are provided
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Fees:
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the fees
and charges payable by the Client as specified in the Contract
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Internet:
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the global
computer network comprising interconnected networks using a standard set of rules
that regulate the manner in which data is transmitted between computers
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1st4Jobs.com
:
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1st4Jobs.com
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Lineage
Advertisement:
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a vacancy
Advertisement which contains text only and is available via searching online and
once per Vacancy Week via the Jobs-by-Email service
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Order Form:
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the order
form as supplied by 1st4Jobs.com or other specific authority document
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Site:
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means this
or any other Web Site operated and maintained by 1st4Jobs.com which 1st4Jobs.com
may designate for the purpose
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Term:
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the term
of the Contract as specified
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Vacancy
Week:
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a consecutive
period of seven days during which an Advertisement is made available on the Site(s)
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Web Site:
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a site at
which text, graphics, data, files and information are stored electronically, access
to which is made available to third parties via the Internet
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1st 4 Cambridge Jobs
