FE News Terms of Service and Usage

FE News Terms of Service and Usage for Advertisers

This Contract has been designed for those residents on the UK mainland. If You do not fall within this category then please e-mail Us and We will confirm any revised Conditions that will apply. However, We will assume that Your local laws, if applicable, do not prevent the sale.

These Conditions include all disclaimers, the Privacy Policy and Security Policy that We have placed on Our site at the time of Our acceptance of Your order. These Conditions with Our acceptance contain details of the entire agreement between Us but NOTHING IN THESE CONDITIONS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER NOR EXCLUDES LIABILITY FOR FRAUDULENT MISREPRESENTATION

1. Definitions. In these conditions:
   1. “Us”, “We”means FE News and “Our” shall be interpreted accordingly. “You” means Our customer detailed on Your order which We have accepted and “Your” shall be interpreted accordingly. “Contract” means Our Client Agreement with You and these Conditions “Advertisement” means any advertisement of a job as part of any Client Agreement “Business Day” means any day other than Saturday, Sunday or a Public Holiday in England. “Client Agreement” means any Advertising Package, Membership or other scheme referred to from time to time on Our Rate Card “Writing” includes e-mail, cable, facsimile transmission and comparable means of communication.
2. Existence of contract
   1. No Contract shall come into existence until Your order (however given) is accepted by the earliest of:
      1. Our written acceptance;
      2. Our posting of the Advertisement on the publicly accessible section of Our site;
      3. Our invoice.
   2. These Conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by You.
   3. No variation or amendment of the Contract or oral promise, advice, recommendation or commitment related to it shall be valid unless confirmed in Writing and issued by or on behalf of both parties.
   4. All Contracts shall be subject to there being no errors either on Our site or within our acceptance. If to Our actual knowledge any of these apply on ordering, We will e-mail You and You will have the opportunity to withdraw or alter Your order. Relevant payments received will be refunded on withdrawal or otherwise as appropriate.
3. Prices
   1. The quoted prices for a Client Agreement exclude VAT (at 20%) and other taxes or duties which are then known to be payable in addition for UK sales. Known taxes or duties at the time before We accept Your order will be confirmed to You. Subsequent changes in taxes or duties will be notified to You on invoice.
   2. All refunds, for any reason, will be made only in £ Sterling.
4. Payment
   1. All invoices are payable without discount of any kind and free of all payment charges in pounds sterling by BACS or cheque by post at Our premises (as stated in the “Contact” section of Our site)
5. Your warranties. You warrant that:
   1. in relation to an Advertisement You act as principal unless stated clearly otherwise in Your order;
   2. the reproduction and/or publication of the Advertisement by Us as originally submitted or as amended under condition 6 will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render Us liable to any proceedings whatsoever;
   3. any information supplied in connection with the Advertisement is accurate, complete and true;
   4. in respect of any Advertisement submitted for publication which contains the inclusion of any name or pictorial representation (photographic or otherwise) of any living or corporate person and/or any part of any such person and/or any copy by which any such person is or can be identified, You have obtained all relevant consents;
   5. Where we have to input Your Advertisement details for You, You take responsibility for checking such and informing Us of any changes needed;
   6. the Advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Economic Community) for the time being in force or applicable in the United Kingdom; and all advertising copy submitted to Us is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority.
   7. You will abide by all applicable privacy and data protection law and regulations concerning the material to which You will have access from Us from time to time.
   8. You will not nor will You permit others to:
      1. create a database of material obtained from Our site for commercial exploitation nor
      2. indiscriminately mail shot or spam candidates through Our or any other e-mail system
   9. You will not nor will You permit others to upload any code containing a virus or other file which damages or adversely affects the running of the site or any computer software or hardware and You will fully indemnify Us if You are in breach of this.
6. Your performance
   1. Normally the Advertising Manager will be available within 2 Business Days of Our acceptance of Your order. You must pay Us within 14 days of issue of Our invoice with interest at 4% over base rate of Our bankers from time to time after such is due until payment.
   2. The period of Your advert starts on Our acceptance of Your order.
   3. On the expiry of the period We may turn off the Advertisement. At the end of Your advertising period we may delete Your Advertisement and close access permanently without refund to You.
   4. WE SHALL NOT BE LIABLE FOR ANY PENALTY, LOSS, INJURY, DAMAGE OR EXPENSE ARISING FROM ANY DELAY OR FAILURE IN DELIVERY OR PERFORMANCE FROM ANY CAUSE OUTSIDE OUR REASONABLE CONTROL. If there is likely to be an extended delay then We will inform You and give You an opportunity to cancel with a full refund if no posting of your Advertisement has taken place.
   5. You are responsible for use of facilities by You or with Your login/password. You must inform Us as soon as You are aware of unauthorised use.
   6. In the unlikely event of a problem please contact Our Customer Service Manager using the contact details on Our site and quoting Your details and contact number.
   7. We may, without derogation from the warranties contained in Condition 5, refuse or require to be amended any artwork, materials and copy for or relating to an Advertisement so as:
      1. to comply with the legal or moral obligations placed on Us or You; or
      2. to avoid infringing a third party’s rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority.
   8. We have the right at Our discretion to decline to publish, or to omit, suspend or change the position of, any Advertisement otherwise accepted for insertion. However, We will use reasonable efforts to comply with Your order although We do not warrant the date of insertion, the wording, or the quality of the reproduction of images within the Advertisement.
   9. Where You are an agent for another You warrant that You are authorised to place the Advertisement with Us and You will indemnify Us against any claim made by any third party against Us arising from the publication of the Advertisement.
   10. IT IS YOUR RESPONSIBILITY TO CHECK THE CORRECTNESS OF EACH ADVERTISEMENT. Without prejudice to condition 6.8, We assume no responsibility for the continuation of an error in an Advertisement ordered pending notification of the error and a reasonable time to amend it.
   11. YOU WILL INDEMNIFY US AND AGREE TO KEEP US INDEMNIFIED AGAINST ALL CLAIMS, COSTS, PROCEEDINGS, DEMANDS, LOSSES, DAMAGES, EXPENSES OR LIABILITY WHATSOEVER ARISING DIRECTLY OR REASONABLY FORESEEABLE AS A RESULT OF ANY BREACH OR NON-PERFORMANCE BY YOU OF ANY OF THE REPRESENTATIONS, WARRANTIES OR OTHER TERMS CONTAINED IN THESE CONDITIONS OR IMPLIED BY LAW.
   12. If We receive a complaint about Your Advertisement then We shall be entitled to temporarily turn off that Advertisement pending clarification without liability or refund to You.
   13. WE WILL NOT BE LIABLE FOR LOSSES RESULTING FROM UNAUTHORISED ACCESS TO INFORMATION PROVIDED BY YOU.
7. Claims/Cancellation notification
   1. As We will be acting on the Contract without delay, YOU WILL HAVE NO RIGHT TO CANCEL THE CONTRACT except that We may treat as a cancellation the fact that You are or may be deemed unable to pay Your debts within the meaning of the Insolvency Act 1986 Sections 123 or 268 (as may be amended) or are otherwise in breach of any of these Conditions.
   2. We will not be liable for any loss of copy, artwork, photographs or other materials and You warrant that You have retained such in sufficient quality and quantity for whatever purpose.
8. Extent of liability
   1. We shall have no liability to You for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on Our part or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract or as to material accessible on Our site from time to time except:
      1. for death or personal injury resulting from Our negligence or for fraudulent misrepresentation by Us , and
      2. as expressly stated in these conditions but in no circumstances shall Our liability to You other than under condition 8.1.1 exceed the higher of the price paid for the Advertisement (though We reserve the right to re-advertise the Advertisement without charge instead) or, if applicable, the Client Agreement and any relevant insurance cover that We hold for these circumstances;
   2. Each Advertisement shall be treated as a separate order unless submitted as part of a Client Agreement with multiple Advertisements included.
   3. For the avoidance of doubt, we do NOT warrant the accuracy or completeness of statistical analytics.
   4. The internet is an open network and You must take precautions to test all material downloaded by You from this site or attached to any emails received, for viruses or other code, files or programmes which may interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.
9. General
   1. We may sub-contract or assign the performance of the Contract in whole or in part.
   2. You shall not assign the Contract.
   3. We may, at Our discretion, suspend the Client Agreement and any Advertisement if You fail to make any due payment or otherwise default in any of Your obligations under the Contract or any other arrangement with Us or We, genuinely, suspect fraud.
   4. No waiver by Us of any breach of the Contract by You should be considered as a waiver of any subsequent breach of the same or any other provision.
   5. If any provision of the Contract is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the rest of that and all other provisions of such shall not be affected.
10. Law & Jurisdiction
    1. The Contract shall be governed by English law.
    2. You hereby consent to the jurisdiction of the English Courts in all matters regarding it.
    3. A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
    4. Notices under this Contract shall be given in Writing in accordance with the Distance Selling Regulations (even if You are not a consumer)

FE News Terms of Service and Usage for Open Journalism Contributors

1. Your relationship with FE News

• 1.1 Your use of the FENews.co.uk website (the “Website”) and any FENews products, software, data feeds, RSS feeds, News via email, FE Soundbite, Event information and Job advertising information from our sister website www.fecareers.co.uk and services, provided to you on or from or through the Website FE News (collectively the “Service”) is subject to the terms of a legal agreement between you and FE News. “FE News” means FE News.co.uk Limited and our parent company Chimeara Limited, whose principal place of business is at 5 Harrington Lane, The Library Room, Pinhoe, Exeter, EX4 8PF.
• 1.2 The Terms form a legally binding agreement between you and FE News in relation to your use of the Service. It is important that you take the time to read them carefully.
• 1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.

2. Accepting the Terms

• 2.1 In order to use the Service, you must firstly agree to the Terms and Privacy Policy. You may not use the Service if you do not accept these Terms or Privacy Policy.
• 2.2 You can accept the Terms by simply using the Service. You understand and agree that FE News will treat your use of the Service as acceptance of the Terms from that point onwards.

The following Terms of Service apply to your use of FE News and Social Network (FE Voices and FE Community within the FE News site). You are solely responsible for your conduct and your content on FE News and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms.

3. Changes to the Terms

FE News reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes.

If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.

4. FE News and You

FE News is a specialist website and service for the Further Education, Work Based Learning and Employability sector. We only accept content, comments and posts that are relevant to the FE News audience.

FE News has an anti ‘Trolling’ and abuse policy. FE News does not tolerate abusive behaviour towards members of the social network or their content. Any comments left that the FE News team interprets as defamatory, threatening, abusive, invasive of another’s privacy etc will not be accepted or approved as content on the site.

You agree that you will not post, email or make available any content or use this Network:

• 4.1 In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
• 4.2 in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy.
• 4.3 in a manner that is harmful to minors in any way;
• 4.4 in a manner that is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
• 4.5 to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
• 4.6 to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons’ ability to use this Network;
• 4.7 to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Network or the content contained therein;
• 4.8 in a manner that contains software viruses, malware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• 4.9 to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
• 4.10 in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• 4.11 to facilitate the unlawful distribution of copyrighted content;
• 4.12 in a manner that includes personal or identifying information about another person without that person’s explicit consent;
• 4.13 in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this site and Network or to users; and
• 4.14 in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

• 5.1 “Stalk” or otherwise harass anyone;
• 5.2 Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
• 5.3 Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
• 5.4 Post any content that constitutes pornography, contains nudity, or is ‘adult’ in nature. FE News does not allow any content, posts or comments that depicts extreme violence, murder, sexual assault, acts of terror or religious extremism.
• 5.5 Use automated means, including spiders, robots, crawlers, data mining tools, scraper software or the like to download data from this Network – except for Internet search engines (e.g. Google)
• 5.6 Post irrelevant content (FE News is a professional platform for the entire FE Sector), you agree that you will not repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network’s infrastructure.
• 5.7 Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
• 5.8 Use this Network as a generic file hosting service;
• 5.9 Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this site and Network); and
• 5.10 Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this site and Network.
• 5.11 Posting Irrelevant or harmful Content, Spam or posting articles as a gateway to irrelevant or harmful content, or content you do not hold copyright to share, is strictly prohibited and any newsroom or subscription will be terminated with immediate effect. The FE News team will also charge an admin fee of £120 + vat per hour to clear and remove irrelevant articles, content or social media posts. The admin fee for clearing irrelevant content is charged to the poster or contributor.

6.10 To inform us of any alleged copyright infringement

• To inform FE News of any alleged copyright infringement on this Network, please email: [email protected] and use the subject: FE News Copyright infringement.
• The FE News team will then investigate the matter. FE News will terminate user access to the /Service if a user has been determined to be a repeat copyright infringer. A repeat infringer is a user who has been notified of infringing activity more than twice

Content:

• 7.1 As a FE News account holder you may submit Content. You understand that whether or not Content is published, FE News does not guarantee any confidentiality with respect to Content.
• 7.2 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. FE News does not endorse any Content or any opinion, recommendation, or advice expressed therein, and FE News expressly disclaims any and all liability in connection with Content.
• 7.3 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to FE News and other users of the Service. These are described in paragraph 8 of these Terms (Rights you licence).
• 7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable FE News to use your Content for the purposes of the provision of the Service by FE News, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
• 7.5 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant FE News the licence referred to in paragraph 8.1 below.
• 7.6 On becoming aware of any potential violation of these Terms, FE News reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
• 7.7 You further understand and acknowledge that in using the FE News Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FE News with respect to any such Content.

8. Rights you licence

• 8.1 When you upload or post Content to FE News, you grant:
• A. to FE News, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the FE News Service and otherwise in connection with the provision of the Service and FE News.co.uk Limited, FE Careers.co.uk Limited and Chimeara Limited, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
• B. to each user of the FE News Service and Network, a worldwide, non-exclusive, royalty-free licence to access your Content through the FE News Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
• 8.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.

9. Links from FE News to external websites

• 9.1 Content may include hyperlinks to other web sites that are not owned or controlled by FE News. FE News has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
• 9.2 You acknowledge and agree that FE News is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
• 9.3 You acknowledge and agree that FE News is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
• 9.4 FE News encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network’s online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Not withstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.