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1. Obligations of FMA
FMA agrees to use its reasonable endeavours to reconcile Job Specifications with individuals through the FMA Appointments System.
The FMA does not guarantee that the Company will receive from individuals to its advertisement.
2. Obligations of the Company
The Company is responsible for the content of the advertisement and will
indemnify the FMA against any claim, loss or damage in connection therewith.
The Company undertakes to take all reasonable precautions against the access of the FMA Appointments System by unauthorized persons including the use of user names and passwords and securing information relating to communications between the Company's hardware and the rest of the FMA Appointments.
3. Acknowledgements, Warranties and Representations
The Company acknowledges that:
a. They are not vested with any proprietary right in respect of the FMA Appointments software, any information in relation to the FMA Appointments System or any Individual
particulars.
b. It will comply with the provisions of the Data Protection Act, 1984 and 1998 and will do all that is necessary to enable FMA Appointments compliance with therewith.
4. Confidentiality
Individual particulars shall be treated as confidential by the Company and not knowingly be divulged to any third party without the prior consent of FMA Appointments. The Company shall indemnify FMA Appointments against any claims by a third party in respect of the misuse of data supplied to the Company or in respect of FMA Appointment's use of information supplied by the Company.
5. Liability
FMA Appointments does not guarantee the accuracy of any Individual details. The Company shall satisfy itself as to the suitability of any Individual and shall take up any references provided by the applicant
before engaging such an Individual. The Company shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into medical history of any applicant, and satisfy any medical and other requirements or qualifications required by the law.
6. Payment
The monthly advertising or search fee due to FMA Appointments is payable in advance by credit card. When payment is received the Company will be issued with a reference number, which allows either registering an advertisement or access to the on-line search engine.
The fees for placing an advertisement on the FMA Appointments system is £100 per month for members and £200 per month for non
members.
The cost of accessing the search facility of the FMA Appointments system is £100 per month for members and £200 per month for non members.
The cost of placing an advertisement and searching the database is £150 per month for members and £250 per month for non members.
The placement fee for Individuals introduced by the FMA Appointments System to members of the FMA is 8% of the Individual's gross annual salary and payable by credit card upon the date of commencement.
The placement fee for Individuals introduced by the FMA Appointments System to non-members of the FMA is 10% of the Individual's gross annual salary and payable by credit card upon the date of commencement.
7. Revision
FMA Appointments reserves the right to revise these terms and conditions at any time.
FMA
Appointments reserves the right to remove any Company advertisement at any time.
8. Indemnity
The Company hereby agrees to indemnify FMA Appointments in respect of all and any claims of whatever nature, and in respect of all liabilities.
9. Governing law and jurisdiction
This agreement is governed by the laws of England and the parties irrevocably submit to the jurisdiction of its courts.
10. Disclaimer
Except as provided by statute, The Facilities Management Association disclaims all warranties in relation to the FMA Appointments System, the software and the Data, including all warranties implied by law or statute.
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