1 DEFINITIONS In this document the following words shall have the following meanings:
1.1 "Agreement" means these Terms and Conditions;
1.2 "Customer" means the organisation or person who purchases services from the Supplier;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 Supplier" means Perk of the Job Limited. Registered Number 7642235 Registered Office Cardiff House, Cardiff Road, Vale of Glamorgan CF63 2AW, UK:

2 FEES AND PAYMENT The fees for the performance of the services to be agreed by the Supplier and invoices shall be issued by the Supplier.

3.1 To enable the Supplier to continue to perform its obligations under this Agreement the Customer shall:
3.1.1 Co-operate with the Supplier and provide the Supplier with any information reasonably required by the Supplier;
3.2 Without prejudice to any other rights to which the Supplier may be entitled, in the event that the Customer unlawfully terminates or cancels the services agreed to in the Service Specification, the Customer shall be required to pay to the Supplier as agreed damages and not as a penalty the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than three calendar months written notice the full amount of the services contracted for as set out in the Service Specification, and the Customer agrees this is a genuine pre-estimate:

4.1 The supplier will maintain and update the service and any web site content as it seems fit:

5 INDEMNIFICATION The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any services provided by the Supplier in accordance with the Service Specification infringes a patent, copyright or trade secret or other similar right of a third party.

6.1 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
6.2 Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.

7 TERMINATION See also 3.2 above Either party may terminate this Agreement forthwith by notice in writing to the other if:
7.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;

8 INTELLECTUAL PROPERTY RIGHTS All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.

9 FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

10 ASSIGNMENT The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.

11 SEVERABILITY If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

12 WAIVER The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

13 NO THIRD PARTIES Nothing in this Agreement is intended to, nor shall it confer any rights on a third party. We will not be held liable for any offers or agreements taken up by you with any other supplier. All offers are only introductory and each offer is between you and the individual provider and is subject to the terms and conditions agreed between the parties. We will not be held liable for any events however arising.

14 GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.


Copyright © 2011 Perk of the Job. All rights reserved.

Perk of the Job Limited,
Cardiff House,
Cardiff Road,
Vale of Glamorgan,
United Kingdom,
CF63 2AW.