Subscription Terms

JOBEXCEL LIMITED

SUBSCRIPTION TERMS

  1. Definitions and Interpretation
    • In these Conditions, the following words and expressions have the following meanings, unless inconsistent with the context:
Authorised Users means those employees of the Corporate Member who are authorised to use the Corporate Services;
Basic Member means the person wishing to have access to the Basic Services;
Basic Services means the free subscription services, details of which as at the Effective Date are set out at Basic Plan and which may be varied by JobExcel from time to time by written notice to the Basic Member, which are provided by JobExcel to the Basic Member under these Conditions via the Site;
Conditions means these terms and conditions amended from time to time in accordance with Condition 16.1;
Confidential Information means, without limitation, business, commercial, economic, financial, operational, technical, administrative, marketing, planning and staff information and data relating to JobExcel or its interests disclosed including any Intellectual Property Rights to the Member whether before, during or after the provision of the Services, whether in written, oral, pictorial or any other form, and all information, data, know-how, trade secrets, formulae, processes, designs, photographs, drawings, specifications, software programs, samples or other material attributable to or deriving its existence from the provision of the Services;
Confirmation Email means the details of the Services to be provided and confirmation of Contract set out in writing as provided by email to the Member by JobExcel;
Contract means the contract between JobExcel and the Member for the supply of Services formed in accordance with Condition 2.2;
Corporate Member means the person wishing to purchase access to the Corporate Services;
Corporate Services means the chargeable subscription services, details of which as at the Effective Date are set out at Corporate Plan and which may be varied by JobExcel from time to time by written notice to the Corporate Member, which are provided by JobExcel to the Corporate Member under these Conditions via the Site;
Data Protection Legislation means (i) until and including 24 May 2018, the Data Protection Act 1998, (ii) from and including 25 May 2018, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK, and thereafter (iii) any successor legislation to the GDPR or the Data Protection Act 1998;
Effective Date means the date the Contract comes into existence in accordance with Condition 2.2;
GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data;
Initial Membership Term means as defined in Condition 6.1(a);
Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
JobExcel means JobExcel Limited, a company incorporated in England and Wales with company number 10796126 whose registered office is at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ;
Member means a Basic Member, Corporate Member or Standard Member (as applicable);
Membership Fees means the membership fees payable by the Corporate Member or Standard Member to JobExcel for the use of the Corporate Services or Standard Services (in each case as applicable) and as may be reviewed from time to time by JobExcel in accordance with Condition 6.2;
Membership Term means the period during which a Contract is in force and effect in accordance with Condition 6.1;
Services means the Basic Services, Corporate Services or Standard Services (as applicable);
Site means the website at www.jobexcel.co.uk OR www.jobexcel.uk OR www.jobesxcel.eu or any other JobExcel related sites;
Standard Member means the person wishing to purchase access to the Standard Services;
Standard Services means the chargeable subscription services, details of which as at the Effective Date are set out at Standard Plan and which may be varied by JobExcel from time to time by written notice to the Standard Member, which are provided by JobExcel to the Standard Member under these Conditions via the Site;
Subsequent Membership Term means as defined in Condition 6.1(b); and
Trial Member means the person wishing to trial and then purchase access to the Trial Services;
Trial Services Means the chargeable subscription services, details of which as at the Effective Date are set out at Trial Page and which may varied by JobExcel from time to time by written notice to the Trial Member, which are provided by JobExcel to the Trial Member under these Conditions via the Site;
Virus means anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device, prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices;
Working Day means any day from Monday to Friday other than a statutory holiday or public holiday in England; and
Working Hours means 08:30 to 17:30 GMT on any Working Day.
1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time, and any subordinate legislation made from time to time under the relevant statute or statutory provision. 1.3 References to “persons” include natural persons, firms, partnerships, companies, corporations, associations and organisations, (in each case whether or not having separate legal personality). 1.4 Use of any gender includes the other genders. 1.5 Words in the singular include the plural and words in the plural include the singular. 1.6 Any reference to “writing” or any similar expression includes communications by post and email but excludes facsimile and text messages. 1.7 The headings to Conditions do not affect the interpretation of these Conditions. 1.8 Any phrase introduced by the term “include”, “including”, “in particular” or any similar expression will be construed as illustrative and will not limit the sense of the words preceding that term. 2. Formation of Contract 2.1 These Conditions shall apply to the sale and supply by JobExcel of Services to the Member and these Conditions shall govern the Contract to the exclusion of any other terms and conditions introduced or submitted by the Member. 2.2 These Conditions shall become binding on the Member when: (a) in the case of all Members, JobExcel confirms the Member’s access to any of the Services by way of the Confirmation Email; and (b) in the case of a Corporate Member or Standard Member, the Corporate Member or Standard Member (as applicable) makes payment to JobExcel of the Membership Fees, at which point a “Contract” shall come into existence between JobExcel and the Member. 2.3 JobExcel shall not be obliged to grant a Contract to the Member and reserves the right to refuse to accept a request for a Contract from the Member at its sole discretion. 2.4 Any typographical, clerical or other omission whether on the Site, in any sales literature, quotation, price list, acceptance offer, invoice or other document or information issued by JobExcel shall be subject to correction without any liability on JobExcel’s part. 2.5 The images and descriptions of the Services on the Site are for illustrative purposes only. Although JobExcel has made every effort to ensure their accuracy, JobExcel cannot guarantee that they accurately reflect the appearance or functioning of the Services on every computer. The operation of the Services may differ from that shown. 3. Member Subscriptions 3.1 Subject to: (a) in the case of a Corporate Member or Standard Member, the Corporate Member or Standard Member (as applicable) paying the Membership Fees; (b) in the case of all Members, the restrictions set out in this Condition 3; and (c) in the case of all Members, the other terms and conditions of these Conditions, JobExcel hereby grants to the Member a non-exclusive, non-transferable right to use the Services during the Membership Term. 3.2 The Member undertakes that it shall keep a secure password for the use of the Services to enable access to the Site and keep its password confidential. 3.3 The Member shall not, and Corporate Members shall procure that Authorised Users do not, access, store, distribute or transmit any Viruses, or any material, during the Membership Term that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or in a manner that is otherwise illegal or causes damage or injury to any person or property. 3.4 The Member shall prevent any unauthorised access to, or use of, the Services which shall include access to or use of the Site, and, in the event of any such unauthorised access or use, the Member shall notify JobExcel promptly. 3.5 The rights provided under this Condition 3 are granted to the Member only, and, in the case of a Corporate Member, shall not be considered granted to any subsidiary or holding company, or a related body of any firm, partnership, company, corporation, association or organisation. 3.6 A Corporate Member shall not, at any time during the Membership Term, Solicit any individual, who is at that time an employee of JobExcel, to leave his or her employment and either: (a) take up employment with the Corporate Member; or (b) provide or perform services to or for the benefit of the Corporate Member. For the purposes of this Condition 3.6, “Solicit” includes (without limitation) solicit, procure, entice, or induce, make an offer, encourage, or endeavour to do, either on its own account, or on behalf of any other entity, and in any capacity whatsoever. For the avoidance of doubt, any general recruitment advertising not specifically targeted at employees of JobExcel shall not constitute Solicitation. 3.7 The Member’s use of the Services is also subject to JobExcel’s Terms of Use, Privacy Policy for Subscribers and Cookie Policy . 3.8 Other than information that can be used to identify the Member (which is covered in our Privacy Policy for Subscribers) , any material or articles the Member transmit or post to the Site shall be considered non-confidential and non-proprietary. JobExcel shall have no obligations in relation to such material or articles and JobExcel and its employees, agents and sub-contractors shall be free to copy, disclose, distribute, incorporate and otherwise use such material and articles and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 3.9 JobExcel reserves the right, without liability or prejudice to its other obligations to the Member, to: (a) in the case of a Basic Member, disable the Basic Member’s access to the Basic Services, or any part thereof; or (b) in the case of a Corporate Member or Standard Member, downgrade the Corporate Member’s or Standard Member’s access to the Corporate Services or Standard Services (as applicable), in the event of a breach of the provisions of these Conditions or any other document referred to in them. 4. Use of the Services and Member’s obligations 4.1 The Member shall: (a) provide JobExcel with all necessary: (i) co-operation in relation to these Conditions; and (ii) access to such information as may be required by JobExcel; (b) comply with all applicable laws and regulations with respect to the Member’s activities under these Conditions; and (c) carry out all other responsibilities set out in these Conditions in a timely and efficient manner. 4.2 The Services may not be accessed by anyone under the age of 16. 4.3 The Member is solely responsible for the appropriate use, and any Authorised Users’ appropriate use, of the Services. 4.4 The Member will co-operate with, and follow the reasonable instructions of, JobExcel in all matters relating to the Services. 4.5 The Member: (a) may copy any part of the Services where such copying is an incidental result of accessing the Services; (b) may copy any part of the Services which is identified as available for download; (c) may print any part of the Services which is made available in a PDF or otherwise print-ready format, provided that the Member prints only the minimum number of copies reasonably necessary; (d) shall not make copies or print any part of the Services save as set out in this Condition 4.5; and (e) shall not rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify any part of the Services. 4.6 The Corporate Member warrants that each Authorised User will: (a) keep confidential any user name or password to any other person or permit anyone else to access the Services using their user name or password; (b) not use the Services for anything other than their intended purpose, as determined by JobExcel; (c) not use the Services for their own commercial gain; and (d) not use the Services for any purpose which JobExcel, acting in its sole discretion, believes to be offensive, defamatory, discriminatory, intended to deceive others, promoting or constituting any illegal activity, likely to damage, disable, impair or compromise the Services or JobExcel’s systems or otherwise not an intended use. 4.7 The Member warrants that it will carry out any and all actions reasonably required by JobExcel for the purpose of providing the Services within a reasonable period of time. 4.8 If JobExcel’s performance of the Services or its obligations under these Conditions is prevented or delayed by any act or omission of the Member, and in the case of a Corporate Member, its Authorised Users or its other agents, sub-contractors or employees, JobExcel shall not be liable for any costs, expenses, losses or charges sustained or incurred by the Member arising directly or indirectly from such prevention or delay 4.9 The Member shall prevent any unauthorised access to, or use of, the Services which shall include access to or use of the Site, and, in the event of any such unauthorised access or use, shall notify JobExcel promptly. 4.10 The rights provided under this Condition 4 are granted to the Member only, and, in the case of a Corporate Member, shall not be considered granted to any subsidiary or holding company, or a related body of any firm, partnership, company, corporation, association or organisation. 5. Services 5.1 JobExcel shall, subject to Condition 4.1, during the Membership Term, use reasonable endeavours to provide the Services to the Member on and subject to these Conditions. 5.2 JobExcel reserves the right to change, modify, remove or replace any Services at any point and without notice to the Member in order to comply with any applicable software or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the price for the Services. 5.3 The Member is responsible for configuring their own information technology, computer programmes and hardware in order to access the Services and should use their own Virus protection software. JobExcel is not responsible for any failure to access the Services as a result of the incompatibility of the Member’s computer programmes or hardware. 5.4 Whilst JobExcel endeavours to ensure that the Services are normally available 24 hours a day, JobExcel shall not be liable if for any reason the Services are unavailable at any time or for any period. 5.5 Access to the Services may be suspended temporarily and without notice in the case of, system failure, maintenance or repair or for reasons beyond the JobExcel’s control. 5.6 If, for any reason, the Services are defective or not accessible, JobExcel shall commence remedial work as soon as reasonably practicable in the circumstances, and shall use its reasonable endeavours to remedy any such problem, save that nothing shall require JobExcel to carry out such work outside Working Hours. 5.7 Subject to the Conditions set out below, JobExcel warrants that the Services will be: (a) free from material defects in quality or workmanship; and (b) performed by JobExcel with reasonable care and skill. For the avoidance of doubt the warranty set out in this Condition 5.7 shall not extend to cover any materials not manufactured, designed, commissioned, programmed or created by JobExcel (its employees, agents and/or sub-contractors). 5.8 Subject as expressly provided in these Conditions, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. In particular, JobExcel makes no warranty as to the fitness of the Services for any particular purpose. This exclusion includes recommendations or advice from JobExcel to the Member relating to a specific enquiry. The Member must satisfy itself as to the fitness for the purpose for which the Services are intended. 5.9 The Member shall indemnify and hold JobExcel harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by JobExcel as a result of or in connection with any claim made against JobExcel in respect of any liability, loss, damage, injury, cost or expense sustained by JobExcel, or JobExcel’s employees or agents or by any third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises from the use of the Services as a consequence of a direct or indirect breach or negligent performance or failure or delay in performance of the Contract or these Conditions by the Member. 6. Term and Fees 6.1 Unless terminated earlier in accordance with law or Condition 11.1, the Services shall be provided from and including the Effective Date: (a) for an initial period of 6 months (“Initial Membership Term”); and (b) thereafter for rolling periods of 6 months (“Subsequent Membership Term”) unless or until the Member gives to JobExcel 30 days’ written notice to terminate after the expiry of the Initial Term (“Membership Term”). 6.2 The Membership Fees are set out in Price Table . 6.3 JobExcel shall be entitled to increase the Membership Fees by giving written notice to the Member to take into account any increase in the cost of providing the Services where such costs are outside of JobExcel’s reasonable control. 6.4 Unless otherwise stated in writing, the Membership Fees are quoted inclusive of VAT or any other sales tax which shall be charged at the rate in force at the Effective Date. 6.5 If a Standard Member changes its mind about the Services, it may be entitled to a refund within a 14-day cooling-off period from the Effective Date, as prescribed by the Consumer Contracts Regulations 2013. 6.6 Any refund provided in accordance with Condition 6.5 will be provided using the method that the Standard Member used for payment and may be subject to deductions in accordance with Condition 6.7. 6.7 JobExcel may deduct from the Standard Member’s refund, if any, an amount for the supply of the Services for the period of the Membership Term for which they were supplied, ending on the date the Standard Member informed JobExcel that it had changed its mind. The amount will be in proportion to the Services supplied, in comparison with the Membership Fees for the Membership Term. 6.8 For the avoidance of doubt, Membership Fees are non-cancellable and non-refundable, if the Standard Member is outside the 14-day cooling-off period. 6.9 In the case of a Corporate Member or Standard Member, JobExcel will issue an invoice for the Membership Fees: (a) on or after the Effective Date in respect of access to the Corporate Services or Standard Services (as applicable) for the Initial Membership Term; and (b) on or after the beginning of each Subsequent Membership Term. 6.10 Corporate Members and Standard Members shall pay the Membership Fees in full and in cleared funds before being granted access to the Services. 6.11 If the Membership Fees are not paid before the start of a Subsequent Membership Term, a Corporate Member or Standard Member’s access to the Corporate Services or Standard Services (as applicable) shall be downgraded. 6.12 Corporate Members and Standard Members can access a copy of their invoice at Members Account page . 6.13 Throughout the Membership Term, Corporate Members and Standard Members shall be notified in writing by JobExcel of Membership Fees due for Subsequent Membership Terms and shall be informed of automatic renewal dates and dates on which payment methods will be automatically charged. 6.14 A Member can cancel the Contract using one of the following methods: (a) eMail. email us at office@jobexcel.com; (b) Online. Complete the [ONLINE FORM] on the Site; or 7. Intellectual Property Rights 7.1 The Member acknowledges that JobExcel is the owner or the licensee of all Intellectual Property Rights in the Services. Under no circumstances shall any of the Intellectual Property Rights transfer to the Member other than as expressly stated within these Conditions and/or the Terms of Use . 7.2 JobExcel grants to the Member a non-exclusive licence (without the right to sub-licence) to use any Intellectual Property Rights in the Services for the purpose of making reasonable use of the Services. 7.3 The Member shall indemnify and hold JobExcel harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by JobExcel as a result of or in connection with any claim made against JobExcel in respect of any liability, loss, damage, injury, cost or expense sustained by JobExcel, or JobExcel’s employees or agents or by any third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises from the use of the Services as a consequence of a direct or indirect breach or negligent performance or failure or delay in performance of these Conditions by the Member. 8. Confidentiality 8.1 The Member shall keep the Confidential Information of JobExcel confidential and secret and the Member shall only use the Confidential Information of JobExcel as necessary for the purpose of making reasonable use of the Services and for performing the Member’s obligations under these Conditions. A Corporate Member shall inform its Authorised Users of the its obligations under the provisions of this Condition 8, and ensure that they meet such obligations. 8.2 The obligations of Condition 8.1 shall not apply to any information which: (a) was known or in the possession of the Member before it was provided to the Member by JobExcel; (b) is, or becomes, publicly available through no fault of the Member; (c) is provided to the Member without restriction or disclosure by a third party, who did not breach any confidentiality obligations by making such a disclosure; (d) was developed by the Member (or on its behalf) without direct access to, or use or knowledge of the Confidential Information supplied by JobExcel; or (e) is required to be disclosed by order of a court of competent jurisdiction. 8.3 This Condition 8 shall survive termination of the Contract. 9. Data Protection 9.1 In this Condition 9, “Personal Data” and “Processing” shall have the meaning given to those terms in the Data Protection Legislation as amended from time to time. 9.2 By submitting any Personal Data to JobExcel, Basic Members and Standard Members agree, and the Corporate Members confirm the agreement of the Authorised Users, to JobExcel’s collection, use and disclosure of such Personal Data in accordance with this Condition 9 and the Privacy Policy for Subscribers . 9.3 JobExcel shall, to the extent that it Processes any Personal Data belonging to Basic Members, Corporate Members or Standard Members: (a) maintain for the Membership Term such appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data (more particularly described in the Privacy Policy for Subscribers); (b) ensure all data is kept confidential; (c) not transfer any Personal Data to any third party or allow any third party to process Personal Data on JobExcel’s behalf other than as otherwise notified to Basic Member, Corporate Member or Standard Member from time to time; (d) comply with any reasonable request of the Basic Member, Corporate Member or Standard Member to amend, transfer, return or destroy the Personal Data or any part thereof; (e) inform the Basic Member, Corporate Member or Standard Member if any Personal Data is lost or destroyed or becomes damaged, corrupted or otherwise unusable; (f) refer any complaint, notice or communication received in relation to the processing of the Basic Member’s, Corporate Member’s or Standard Member’s Personal Data to the Basic Member, Corporate Member or Standard Member; and (g) comply generally with the Data Protection Act 1998, GDPR and Data Protection Legislation as amended from time to time, pursuant to the Privacy Policy for Subscribers. 9.4 This Condition 9 shall be read as being subject to the Privacy Policy for Subscribers. 10. Limitation of liability 10.1 Neither Party excludes or limits its liability to the other Party for: (a) fraud or fraudulent misrepresentation; or (b) death or personal injury caused by negligence. 10.2 Subject to Condition 10.1 above, JobExcel’s liability in connection with the sale and supply of Services shall be as follows: (a) in respect of any loss of profits, loss of business, loss of goodwill, loss of anticipated savings or loss of use, JobExcel’s liability shall be nil; (b) for any type of consequential, special or indirect loss or damage, JobExcel’s liability shall be nil; and (c) in respect of all other direct loss (whether in contract, tort or otherwise) JobExcel’s total liability under these Conditions shall not exceed £500 in aggregate other than where such liability is expressly covered by JobExcel’s insurance in which case the limits set out therein shall apply. 10.3 JobExcel does not warrant that the use of the Services will be uninterrupted or error-free. 10.4 JobExcel has taken reasonable steps to ensure the Services are Virus free but does not warrant that there will be no Viruses within the Services. 11. Termination 11.1 Without prejudice to any other remedies or rights whether under these Conditions or otherwise, JobExcel may terminate the Contract at any time by written notice to the Member and the notice taking effect as specified in the notice if: (a) the Member commits a material or persistent breach of any of these Conditions and (if such a breach is remediable) fails to remedy that breach within 7 days, or such other time period deemed appropriate by JobExcel at the time, of being notified in writing; (b) the Member suspends, or threaten to suspend, payment of the Member’s debts or make any voluntary arrangement with the Member’s creditors or (being a Basic Member or Standard Member) becomes bankrupt or (being a Corporate Member) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); (c) a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of any of the Member’s property or assets; (d) the Corporate Member suspends or ceases, or threaten to suspend or cease, to carry on all or a substantial part of the Corporate Member’s business; or (e) JobExcel reasonably apprehends that any of the events mentioned above is about to occur and notifies the Member accordingly. 11.2 For the purposes of Condition 11.1, a breach shall be considered capable of remedy if the Member can comply with the provision in question in all respects other than as to the time of performance (provided that time of performance is not of the essence). 11.3 Upon termination of the Contract for any reason: (a) the Member’s right to access the Services will cease immediately; (b) any licence granted by these Conditions shall terminate; and (c) the accrued rights and remedies of the Parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected. 12. Force majeure 12.1 JobExcel shall have no liability to the Member or be deemed to be in breach of these Conditions if it is prevented from or delayed in performing its obligations in relation to these Conditions, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control. 13. Waiver 13.1 A waiver of any right under these Conditions is only effective if it is in writing. 13.2 Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law. 14. Rights and remedies 14.1 All rights and remedies available to either of the Parties under the terms of these Conditions or under the general law are to be cumulative, and no exercise by either of the Parties of any such right or remedy is to restrict or prejudice the exercise of any other right or remedy granted by these Conditions or otherwise available to that Party. 15. Severance 15.1 If any provision (or part of a provision) of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. 15.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties. 16. Variation 16.1 JobExcel may vary these Conditions from time to time, at its sole discretion, by notice in writing. The Member should review these Conditions from time to time to ensure that the Member is aware of any changes, as they are binding on the Member. Certain provisions of these Conditions may be superseded or supplemented by specific legal notices or terms located on particular pages of the Site 17. Notices 17.1 Any notice required to be given to JobExcel under these Conditions shall be in writing and shall be sent by pre-paid first-class post to the address set out at the beginning of these Conditions, or sent by email to office@jobexcel.co.uk. 17.2 A correctly addressed notice sent to JobExcel by pre-paid first-class post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at the time of receipt by JobExcel’s server. 18. Language 18.1 These Conditions are drafted in the English language. 18.2 Any notice given under or in connection with these Conditions shall be in English. All other documents provided under or in connection with these Conditions shall be in English, or accompanied by a certified English translation. 18.3 The English language version of these Conditions, and any notice or other document relating to these Conditions, shall prevail if there is a conflict. 19. Governing law and Jurisdiction 19.1 These Conditions and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England. 19.2 The Parties irrevocably agree that the courts of England have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions or their subject matter or formation (including non-contractual disputes or claims).

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