Terms & Conditions

Last updated 23/01/2021

1. This Service

The jobmate service and mobile application (the ‘Service’) is provided by jobmate Ltd to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.  Reference to ‘you’ in these Terms & Conditions refers to either individual users and/or the organisation purchasing a subscription according to the context.

2. Eligibility

You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.  You must be either a direct subscriber yourself or an authorised user under the subscription of an organisation.

3. Registration and Account Integrity

3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

3.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.

3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

3.4 You are responsible for all actions under a user account if you do not contact us under clause 3.3

4. Pricing, Plans and Features

4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product, service, subscription or plan is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).

4.2 We reserve the right to alter all product, service subscription or plan pricing and features without notice.  Where you have signed up for an agreed pre-paid term for your Service, then we will not change the pricing for that pre-paid term without giving you the opportunity to terminate your current subscription.

5. Payment and Credit Control

5.1 All services are billed monthly in advance.

5.2 If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.

5.3 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.


5.4 It is a condition of use that a valid debit or credit card (or other valid payment method accepted by us) is provided at all times in order for your account or accounts to remain active.


5.5 Where a payment request is made by us and is declined (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid payment method is added to your account or accounts.

6. Cancellation Rights, Defects and Refunds

6.1 You may cancel your account or accounts by giving notice at any time and it will terminate at the end of your current agreed pre-paid term..

6.2 As this is a business-to-business transaction no right of cancellation exists under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

6.3 Cancellation should be done using the facility provided by logging into Your account.

6.4 Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message is not valid.

6.5 Full or partial refunds will only be given where the product or service provided by us is found to be defective.

6.6 Refunds will not be given where we are unable to replicate the issue or the issue stems from the user or their equipment.

6.7 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.

6.8 Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.

7. Upgrading or Downgrading Accounts

7.1 Where applicable Users have the ability to upgrade or downgrade their accounts and the services offered at any time.

7.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.

7.3 Users should backup and download their data prior to requesting a downgrade in service.  This can be done by you through the Service.

7.4 No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.

7.5 Where an account is upgraded the new higher monthly charge will be automatically applied on the next usual date of the monthly charge.

7.6 In the case 12-month accounts (when offered) a partial refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.

7.7 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.

8. Trial and Offer Periods

8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.

8.2 Where you are offered a free-trial period you will receive an email notification no less than seven days before your free-period is due to end and automatically convert into a paid subscription. Please note this does not apply where you are merely offered a discounted or offer-period paid-for subscription at a reduced rate that subsequently converts to a subscription at one of our full standard subscription rates.

8.3 Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals.

8.4 These Terms and Conditions apply to all trial or offer-period accounts.

9. Technical Support

9.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.

9.2 We reserve the right not to provide a full technical support service to free or trial account users.

10. Specific Service Rules

10.1 As a user you agree not to do any of the following:

1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third-party.

2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.

3. Use or harvest data provided by other users in a way that they would object to.

4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.

5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.

6. To pose as another user, third-party or organisation employee for the purposes of obtaining user or third-party information.

7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.

8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by users and us.

9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.

10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.

11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.

12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.

10.2 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.

11. Content Ownership

11.1 You warrant that all content provided by you is either owned by you or you have all necessary licences and rights to provide the content or use it on the Service. We do not claim ownership rights to content provided by you.

12. Copyrighted Material

12.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners or properly licensed users of such content.

12.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. We reserve the right not to do so where we cannot reasonably ascertain the true owner of such content.

12.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

13. Content Monitoring

Users can may add content to the Service subject to these Terms & Conditions. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.

14. Termination

14.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.

14.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.

14.3 Following termination we will use reasonable endeavours to retain your content and data for a further 3 months so that you can seamlessly reactivate your account during that period.

14.4 Any obligation to retain your content or data under clause 14.3 is subject to any instruction you may have made on termination for the deletion of Your Personal Data under clause 19.4.  Please note that if we do delete Your Personal Data following such an instruction, then we reserve the right to delete all of your content and data at that time.

15. Access and Backups

15.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical. Where this is not possible we may offer full or part-refunds subject to clause 17.3 below.

15.2 Refunds will not be offered (i) where a third-party provider who supplies a service to you, rather than us causes the issue or (ii) in respect of any Service maintenance which will normally be carried out in such a way that seeks to minimise disruption to users

15.3 You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.  You can create backups of your content or data directly through the Service.

15.4 While we will endeavour to have the Service available, we:

·       do not warrant that the Service (or the content on it or Your Personal Data) will be always available or uninterrupted or error-free; or that the Service, and/or the information obtained by the you through the Services will you’re your requirements; and

·       are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including, without limitation, the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

15.5 You recognise that the Service is provided by us through an external Tier One public cloud hosting provider. You will comply with any relevant terms relating to the Service as applied by our third party hosting service provider.

16. Disclaimer

16.1 We are not responsible for the accuracy of any content on the Service, (except where such Content is provided by us) nor any advertisements placed on the Service.

16.2 We are not responsible for any links to third-party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us.

17. Limitation of Liability

17.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.

17.2 Nothing in this Agreement shall exclude or limit liability for (i) death or personal injury resulting from the negligence of either party or their servants, agents or employees; or (ii) fraud.

17.3 Subject to clauses 17.1 and 17.2 our liability and that of our employees, officers and third- party partners shall be limited in any 12 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of £250 per user on your subscription, whichever is the greater sum.

18. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.

19. Privacy and Personal Data

19.1 We take your privacy seriously. We are registered under and comply with the General Data Protection Regulation (GDPR). For further details please see our Privacy Policy. 

19.2 In these Terms and Conditions, ‘Your Personal Data’ means any personal data (as defined in the GDPR) that we process on your behalf in providing the Services.  You shall own all right, title and interest in and to all of Your Personal Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Personal Data. 

19.3 If Jobmate processes Your Personal Data on Your behalf when performing its obligations under this Agreement, the parties record their intention that You shall be the data controller and Jobmate shall be a data processor and in any such case Jobmate (the ‘Processor’) will comply at all times with the General Data Processing Regulations in relation to any processing of personal data as a data processor on behalf of You (the ‘Controller’).

19.4 Where the Processor is processing personal data on behalf of the Controller, the Processor will:

·                   ensure that people processing the data are subject to a duty of confidence;

·                   take appropriate measures to ensure the security of processing;

·                   only engage a sub-processor with the prior consent of the data controller and a written contract;

·                   allow data subjects to exercise their rights under the GDPR;

·                   assist the Controller in meeting its GDPR obligations in connection with the personal data in relation to the security of processing, the notification of personal data breaches and data protection impact assessments;

·                   delete all personal data to the Controller if requested at the end of the contract (except for backups and archives kept and with access restricted in accordance with standard industry practice) or allow the Controller to download such personal data through the Service; and

·                   provide the Controller with whatever information it needs to ensure that both the Processor and the Controller are meeting their obligations under Article 28 of the GDPR, and tell the Controller immediately if it is asked to do something infringing the GDPR or other data protection law of the UK, the EU or a member state.

19.5 You:

·                   acknowledge and agree that although personal data will normally be processed only within the UK or the European Economic Area, to ensure reasonable performance of the Service, the personal data may be transferred or stored outside the UK, the European Economic Area or the country where You are located in order to carry out the Service and Jobmate’s other obligations under this Agreement.

·                   shall ensure that you are entitled to transfer the relevant personal data to Jobmate, so that Jobmate may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf;

·                   shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation.

19.6 Nothing within this Agreement relieves You of your own direct responsibilities and liabilities under the GDPR.

20. Severability

The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

21. Waiver

Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

22. Entire Terms & Conditions

Save for fraud, these Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.

23. Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected

24. Third Party Rights

Nothing in this Agreement will confer any benefit on a third party and the Contract (Rights of Third Parties) Act 1999 is expressly excluded.