Terms and conditionsTerms and conditions

Definitions

Access date

The date on which access to the Software is first provided to the Customer.

Commencement date

The date on which the Contract comes into force.

Contract

The agreement between jobwin and the Customer for the provision of the Software under these terms and conditions.

Customer

The organisation or individual purchasing a Licence to use the Software.

Data Protection Legislation

All applicable data protection and privacy legislation in force from time to time in the UK, including the UK GDPR and the Data Protection Act 2018.

GDPR

The General Data Protection Regulation (EU) 2016/679 as retained in UK law.

jobwin

The SaaS platform provided by Jobmate Ltd, a company registered in England and Wales (company number 11691025) whose registered office is at 86 Tettenhall Road, Wolverhampton WV1 4TF.

Licence

The non-exclusive, non-transferable right granted to the Customer to use the Software in accordance with these terms.

SaaS

Software as a Service: software licensed on a subscription basis and centrally hosted.

Software

The jobwin application and all associated modules, features, and updates provided under the Licence.

Support

Technical assistance provided by jobwin to the Customer in connection with use of the Software.

User Subscription

A per-user licence fee paid in advance entitling one named individual to access and use the Software.

S1. Agreement

jobwin agrees to provide the SaaS software in consideration for an agreed fee payable in advance, including any additional features or services agreed upon as part of the subscription, such as the Telesales add-on. Third-party software supplied by jobwin will be subject to the third-party owner’s licensing terms and conditions, which in the event of conflict shall prevail.

S2. Payment

jobwin subscriber licences are managed through a payment gateway. Users with permissions can increase or decrease the number of licences at any time through the subscription settings in the Software. User Subscriptions are paid in advance and increase each year at a minimum of the annual rate of inflation. jobwin reserves the right to increase subscription charges above the inflation rate with one month’s notice. Interest of 3% per month applies to overdue amounts. If payment is later than 3 months, jobwin reserves the right to suspend the service. VAT will be payable at the rate applicable at the time of invoice.

S3. Subcontracting or reselling

The contract of use is between jobwin and the Customer. You are not permitted to resell the service or allow unauthorised parties access to the software without prior written permission from jobwin. The subscription licence is for one named user only and cannot be shared.

S4. Additional features and services

Subject to the conditions of the commercial agreement, jobwin will provide all support, training, and consultation defined in the offer. This may be subcontracted to approved individuals or bodies.

S5. Termination of the agreement

(a) Subscriptions can be cancelled through the subscription settings in the Software. Data will be deleted after 6 months under GDPR regulations.

(b) The Customer can export its data before cancelling, as described on the security page.

(c) Company dissolved: contact sales@jobmate.cloud.

S6. Service provision

jobwin software and data are hosted with cloud infrastructure providers in the European Union. jobwin does not accept liability for outages of those providers’ systems, as these are outside of our control.

S7. Support and warranty

jobwin provides general training material as part of the Subscription Licence fee. Support requests go to sales@jobmate.cloud. Additional support packages are available for an additional fee.

S8. Limited liability

jobwin limits its liability in the use of the software. It provides a cloud software service platform for the Customer to use in the management of their sales and customer records. jobwin does not guarantee connectivity should the service not be available due to third-party failure, signal issues, or lack of internet coverage.

S9. Data quality

jobwin does not restrict or monitor data entered into the software and therefore holds no liability if data is entered incorrectly, corrupted, or made offensive and sent to third parties through jobwin.

S10. Connections and integrations

It is not recommended to connect jobwin to other software through middleware that jobwin has not approved. We are happy to work with clients to approve additional third-party software connections.

S11. Ownership

Any development enhancements, additional features, and integrations remain the intellectual property of jobwin unless otherwise agreed in writing.

S12. Right to make changes

jobwin retains the right to make enhancements and improvements to the software for customers on standard SaaS subscriptions by giving 6 weeks' notice.

S13. Force majeure

Neither party shall be liable for failure to perform obligations under the contract if such failure results from circumstances beyond the party’s reasonable control.

S14. Third party rights

The contract does not create any rights enforceable by anyone other than the parties to the agreement or any person to whom it is lawfully assigned.

S15. Patents, design and copyright

The design, operational features, and flows in the software remain under the sole ownership of jobwin. All brand content and marketing material remain the copyright of jobwin. Persons wishing to use the brand must contact jobwin for permission before using any material. At no time shall any rights, interests or title in any intellectual property be passed to the Customer.

S16. Law

Unless otherwise agreed in writing, the agreement shall be construed in accordance with the laws of England, and the parties submit to the exclusive jurisdiction of the English Courts.

S17. Transfer of rights

The agreement is made between the signing parties. Neither party has the right to transfer the agreement to another party without prior authorisation.

S18. Data protection

Both parties will comply with all applicable requirements of Data Protection Legislation. The customer is the data controller and jobwin is the data processor.