A.         In these Terms and Conditions references to "the Client" shall be to a person requiring the services

            of a Worker and whether or not in any such case a company, corporation, state, state entity, trust,

            joint venture, partnership, agency, association or other entity (whether or not having separate legal

            personality)); references to "Worker" shall be to a person who registers on the Site as an engineering

            worker and references to "you" and "your" shall be both to the Client and/or a Worker. Access to

            and use of the www.engineering4professionals.com web site ("the Site") is governed by these Terms

            and Conditions. By using the Site you agree to accept these Terms and Conditions. If you do not wish

            to accept these Terms and Conditions, please do not access, use or submit material to the Site.

B.         The Site is operated and owned by E-Fit Recruitment Limited ("we", "us" and "our") a

            company incorporated under the laws of England under Company No 6372061. Our Privacy Policy

            details how we will use your personal data. We reserve the right to modify these Terms and

            Conditions at any time, such modifications becoming effective immediately upon posting the updated

            Terms and Conditions on the Site. By continuing to access, use or submit materials to the Site

            following any such notice you will be deemed to have accepted the revised Terms and Conditions.

2.         Who may use the Site

            The Site is intended for use by individuals over 18 years old and Clients only.  We make no 

            representation or warranty that the Site or any part of its content can be viewed or downloaded

            lawfully outside of the United Kingdom. Access to the Site by specified persons or from specified

            countries may not be lawful. If you obtain access to the Site from outside the United Kingdom such

            access will be at your own risk and you will be responsible for complying with any relevant laws of the

            jurisdiction from which such access is obtained.

A.         Once a Worker has registered on the Site the responses provided by the Worker as part of such

             registration process will be reviewed by us and if considered acceptable by us the Worker will be

             issued with a user name and password to access the Site and will then be able to:-

(a)        upload to the Site their curriculum vitae;

(b)        complete a self-profile on the Site which will be displayed on the Site;

(c)        self-promote themselves to Clients which have uploaded to the Site details of job vacancies with the

            relevant Client;

(d)        receive e-mails from Clients which are interested in considering the Worker for a job vacancy having

            seen the Worker's curriculum vitae and self-profile on the Site;

(e)        receive such newsletters and promotional material relating to the Site as may be issued by us.

B.         If as part of the registration process on the Site the Worker indicates that the Worker wishes to be

            contacted by us the Worker may be contacted by one of our staff. If the Worker indicates that no

            such contact should be made then we will respect this.

4.         Services for Clients

A.         In consideration of the provision of the Standard Services specified below the Client will pay us the

             subscription fee set out on the Site in advance within the time period specified by us or, if later, within

            14 days of registering on the Site. No right of set-off, deduction or counterclaim shall apply in the 

            Client's favour.

B.         The Standard Services, which shall commence when the subscription fee has been paid by the Client

             and which shall continue for the period to which the subscription fee relates, are as follows:-

(i)         to upload to the Site:-

            (a)        the Client's website details;

            (b)        a profile of the Client;

            (c)        application forms for job vacancies with the Client;

            (d)        details of job vacancies with the Client;

(ii)        to obtain access to the section of the Site containing details of curriculum vitae uploaded to the Site

            by Workers;

(iii)       to receive such newsletters and promotional material relating to the Site as may be issued by us.

C.         As additional services to the Standard Services the Client may:-

(i)         pay a fee to advertise on the Site in a manner agreed by us (including, without limitation, the Banner   

            Fee set out on the Site upon payment of which the Client shall be entitled to upload its banner to the 

            Site);

(ii)         (having identified a Worker to whom the Client wishes to offer a job vacancy which has been

             uploaded to the Site) pay the Full Resource Service Fee set out on the Site in respect of the relevant

             Worker and upon payment of which we will:-

             (a)        carry out the following in relation to the relevant Worker:-

                       

                         (1)        a fully enhanced CRB check if they are UK based and a police check if they are

                                     non-UK based;

                         (2)        verification (either verbal, by fax, e-mail or in writing) of the qualifications claimed by

                                     such Worker in their curriculum vitae uploaded to the Site;

                         (3)        verification of such Worker's right to work in the United Kingdom;

                         (4)        obtaining references in respect of the Worker covering a period of a minimum of at

                                      least 2 years prior to the date upon which such references are requested by us.

D.         Once the Client has registered on the Site the Client agrees that we may make such enquiries and

             searches and obtain such references as we consider necessary from any person, firm or company

             including any credit reference agency (which will keep a record of any search made and will share

             that information with other businesses). We may also make enquiries about the principal individuals

             involved with the Client with a credit reference agency.

E.         Unless otherwise indicated all fees and charges payable by the Client to us are exclusive of any taxes, 

            duties or such other additional sums, including, without limitation, value added tax payable in relation

             to such fees and charges.

F.          We do not provide any assurance that the Client will receive any response from Workers in relation

              to a job vacancy which has been uploaded to the Site.  Save where the additional services specified

              in clause 4C.(ii) above are to be provided by us we have no responsibility for checking the

              information provided by  Workers or Clients (whether uploaded to the Site or otherwise). The Client

              must, but without limiting the generality of the foregoing, check a Worker's identity and qualifications

              and ability to work, whether imposed by law or any relevant professional body.

A.       If you submit materials such as data, information, copies of qualifications, details of vacancies and CV's

           to us you automatically represent and warrant that:-

          (i)           Any personal data provided is complete, true and accurate and that you have only provided

                        such information about yourself and have not registered details of any other person. You also

                        agree to notify us of any changes to such information immediately;

          (ii)          You have not submitted anything which is in breach of confidence owed to any third party;

          (iii)         You own any copyright, proprietary rights or intellectual property rights, or that you

                        have obtained express permission from the owner of such rights to distribute such information 

                        world-wide;

          (iv)        We may reproduce, modify, adapt, publish, translate, create derivative works from and

                       distribute such materials or incorporate such materials into any form, media or technology now

                       known or later developed throughout the world and you irrevocably licence us to do so;

          (v)        All material submitted is original to you and not copied in whole or part from any third party;

                      and

          (vi)       The submissions or any other information you send to the Site will not be, or contain, material

                      which is offensive, pornographic, defamatory, blasphemous, unlawful or likely to infringe any

                      applicable law, whether civil, criminal or religious including, without limitation, relating to race,

                      sex, disability, religion/belief, age or sexual orientation.

6.         Intellectual Property

            A.         All design, content, text, graphics, the selection and arrangement thereof, and all software

                         compilations, underlying source code, software and all other material on the Site are the

                         copyright of us or our affiliates or content and technology providers (in which case such use is

                         under licence). ALL RIGHTS RESERVED.

            B.         Any unauthorised use of the design and contents of the Site will infringe our rights and those

                         of our licensors under International Treaty and English Law.

            C.         Permission is granted to electronically copy and to print in hard copy portions of the Site for

                         the sole purpose of personal non-commercial use. If however you are acting on behalf of a

                         Client that is registered with us you may view, electronically copy or print such copies of

                         portions of the Site solely for one of the following purposes:

                        1.                   seeking information about our services; or

                        2.                   seeking candidates to fill service contracts or permanent jobs with such Client.

D.         Any other use of materials on the Site, including reproduction for purposes other than those noted

             above, modification, distribution, or republication, without our prior written permission, is strictly

             prohibited.

E.         Any copies you make of portions of the Site must retain all copyright, trademark and other

             proprietary notices contained on such portions of the Site.

A.         You will need to use a user name and password when registering with the Site and signing in when

             you visit the Site. The security and proper use of your password is your sole responsibility. You must

             notify us immediately if you believe that someone else knows your user name or password or if they

             may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or

             disclosure of any user name or password.  You will be issued with a user name and will need to

             select a password when you initially register with the Site.  In the case of the Client once we receive

             payment of the subscription fee in accordance with clause 4A. above a user name and confirmed

             chosen password will be allocated by us to the Client.

B.         You agree not to:

             (i)                  obtain unauthorised access, through whatever means, to restricted areas of the Site;

             (ii)                disassemble, reverse engineer, decompile or in any other way interfere with any

                                 downloaded software unless specifically authorised by the owner of the copyright   

                                 and other intellectual property rights in such software;

             (iii)               send unsolicited commercial e-mail or "spam" to any www.engineering4professionals.com

                                 e-mail address or user of the Site or otherwise abuse any part of the Site or any other 

                                 network;

             (iv)              attempt to test the vulnerability, probe, scan, or breach the security measures of the Site

                                or other like systems and networks;

             (v)                disclose or share your user name or password to the Site with any third parties

                                 whatsoever;

            (vi)              access any materials not intended for you by logging into the Site on another user's details

                               or otherwise;

            (vii)             threaten, abuse, disrupt, harass, stalk or otherwise violate the rights (including rights of

                               privacy and publicity) of others, including the commission of any offence under the

                               Prevention of Harassment Act 1997 or similar legislation; or

           (viii)           use the Site for fraudulent purposes or in connection with a criminal offence or other

                            unlawful activity.

A.       To the maximum extent permitted by law we make no representations or warranties about the

           accuracy, completeness, currency, reliability, satisfactory quality or suitability for any purpose of:-

          (i)                  the information contained in the documents and related graphics published in the Site; or

          (ii)                any of the services of whatever nature details of which appear on the Site;

          (iii)               the software of the Site.

B.       All such information, documents and related graphics are provided, and such products (where

          ordered) are accepted by you on an "as is" and "as available" basis without warranty of any kind.

C.       The information contained in the Site may contain technical inaccuracies or typographical errors. Our

           liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent

           permitted by law. We do not warrant that the Site will operate without error, or that the server(s) or

           the Site are free of computer viruses, malicious software or indeed any other harmful mechanisms. If

           your use of the Site or the material results in the need for replacing equipment or data or servicing

           these, we shall not in any way be liable for those costs.

D.       The Internet environment is not a secure environment, accordingly the security of information

           transmitted by the Internet cannot be guaranteed. Any losses incurred or sustained by users who

           transmit information by means of e-mail or other Internet link will be borne solely and exclusively by

           such user and in no event will any such losses in whole or part be borne by us.

E.       You agree that we shall not be liable either in contract, tort, negligence, statutory duty or otherwise for 

          any:-

          (i)                  loss of profits, revenue or goodwill or any type of consequential, indirect or special loss

                               or damage whatever arising from or in any way connected to your use of the Site;

         (ii)                direct loss or damage (including loss or damage which is reasonably foreseeable or occurs

                             naturally in the course of things) resulting from any acts, omissions, failures, or delays

                             occurring on or in relation to those parts of the Internet not under our control including,

                             without limitation, damage for loss of business, loss of sales, non payment of sums due,

                             loss of profits, business interruption, loss of reputation, loss of business information, or any

                             other pecuniary loss (even where we have been advised of the possibility of such loss or

                             damage).

9.         Your Warranty and Indemnity

A.         You warrant as follows:-

            (i)                  any data or other computer-encoded information you transmit to us shall be tested with

                                 up-to-date industry standard virus checking software before you start the transmission;

            (ii)                your use of the Site shall only be for lawful purposes;

            (iii)               you will not breach the intellectual property rights of any person; and

            (iv)              you shall not allow any third party to use the Site in breach of these Terms and

                               Conditions.

B.         You shall indemnify and hold us harmless from and against all claims, losses, liabilities, costs, damages

             and expenses incurred by us by reason of any breach of your obligations as contained in these Terms

             and Conditions.

C.         If you or the Client you represent are not resident in the European Economic Area (the EU plus

             Iceland, Norway and Lichtenstein) you warrant, undertake and represent that you will ensure an

             adequate level of protection (within the meaning of Article 25(2) of the EC Directive on Data

             Protection) to any personal data you access from the Site or otherwise obtain from us.

            The Site contains various links to third party web sites. These links are provided solely as a    

            convenience to you. We are not responsible for the content of any off-site pages or any other sites 

            linked to the Site nor have we reviewed or endorsed the content of such web sites. We do not make

            any representations regarding the content or accuracy of materials on such web sites. If you link to any

            third party web sites such action is at your own risk.

A.         We reserve the right in our sole discretion to deny you access to the Site or any portion thereof (or

             any service described therein) and to remove from the Site any details (whether of a job vacancy or 

             otherwise) without notice including, without limitation, where the Client fails to pay any fees or

             charges payable by it and set out on the Site by the due date for payment or where you are in breach

             of any of the provisions of these Terms and Conditions. 

B.         If you are currently in employment or have recently left employment, you may be subject to restrictive

            covenants preventing you from taking up a position of employment elsewhere. It is your responsibility

            to check and ensure that any action taken by you in connection with the Site complies with any such

            contractual or other undertakings.

C.         The Site is merely a location for Clients to place details of job vacancies and for Workers to place

             their details. We are not involved in any transaction between the Client and any Worker. All dealings

             between the Client and any Worker are a matter between the Client and the relevant Worker and we

             shall not have any liability whatsoever in relation thereto.

D.         Nothing in these Terms and Conditions shall create a partnership, joint venture or the relationship of

             principal and agent or employer and employee between us and any Worker or Client.

E.         We will not be liable for any delay or failure to fulfill our obligations under these terms and conditions

             where such delay or failure is by reason of any act of God, any government or governmental body,

             acts of war, power or systems failures, failure of the Internet, computer hacking, computer virus,

             business interruption or any other causes beyond our reasonable control.

F.          Neither we nor you shall, without the prior written consent of the other, furnish the name of the other

             as a reference or utilise the name of the other for publicity purposes.

G.         Notices may be delivered by hand or sent by registered or recorded post to you at your personal

            mailing address or registered postal address (as appropriate) and to us at E-Fit Recruitment Limited,

            Ency Associates, Printware Court, Cumberland Business Centre, Northumberland Road, Portsmouth,
            PO5 1DS. Notices shall be deemed served on the date of delivery (if delivered by hand) or four calendar

            days after posting (if posted).

H.         The waiver or granting of time to remedy a breach of any provision of these Terms and Conditions

             shall not in any way prejudice or affect the subsequent enforcement of such provision and shall not be

            deemed to be a waiver of any subsequent breach.

I.          You may not assign, transfer, sub-licence, sub-contract or otherwise deal with any of your rights

            and/or obligations under these Terms and Conditions without our prior written consent.  We may

            assign, transfer or otherwise deal with all of (or any part of) our rights and/or obligations under these

            Terms and Conditions without your consent. 

J.          The Terms and Conditions together with any terms on the Site form the entire understanding between

             you and us in relation to their subject matter and supersede and replace all previous agreements,

             understandings, arrangements and/or representations (whether in writing or otherwise) in relation to

             their subject matter except in respect of any fraudulent misrepresentations.

K.         The Client will ensure that in its dealings with any personal data provided by any Worker it complies

             with the provisions of the Data Protection Act 1998 (and any provision amending or replacing the

              same).

L.          You agree that the Late Payment of Commercial Debts (Interest) Act 1998 applies to the

             arrangements between you and us and that we are entitled to interest thereunder on all sums due from

              you.

M.        Nothing in these Terms and Conditions is intended to, nor shall it, create any third party right whether

            under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

N.        These Terms and Conditions shall be governed by and construed in accordance with English Law,

            and you agree to submit to the exclusive jurisdiction of the English Courts.