Nutzungsbedingungen

FRANK RECRUITMENT GROUP SERVICES LIMITED

Section I.  Introduction

These Terms of Use (the “Terms of Use”) govern your use of the Frank Recruitment Group website located at www.frankgroup.com/, and all  websites published by its affiliates including without limitation,nigelfrank.com, andersonfrank.com, masonfrank.com, pearsonfrank.com, churchillfrank.com, frgconsulting.com, washingtonfrank.com, nelsonfrank.com  (each a “Site,” collectively, the “Sites”).

Please read these Terms of Use carefully as they affect your rights and liabilities under the law.   BY USING A SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

These Terms of Use apply to the Sites.  The first part of the Terms of Use is general and applies globally.  The second of the Terms of Use is comprised of country-specific addendums.  Please be sure to check the addendums below to see if there is one that applies to your country or the country in which you are using the Sites.  In the event of a conflict between the general part of these Terms of Use and an addendum, the addendum prevails.

If you have any questions about these Terms of Use, please contact webmaster@frankgroup.com.

If you are seeking to order or instruct Frank Group for the provision of recruitment services, our standard Terms of Business  apply.  To request a copy of our Terms of Business, please contact webmaster@frankgroup.com.

Section II.  Who is Frank Recruitment Group?

Frank Recruitment Group Services Limited (“FRGS”) has several affiliates and subsidiaries throughout the world providing niche technology recruitment services.  FRGS’s affiliates includes Nigel Frank International Limited, Mason Frank International Limited, Frank Recruitment Group UK Services Limited, Frank Recruitment Group Services USA Ltd., Frank Recruitment Group Inc., Frank Recruitment Group Services Inc., Frank Recruitment Group Private Limited (Singapore) and Frank Recruitment Group Pty Limited (Australia) (collectively referred to as “FRG,” “Frank Group,” “we,” “our” or “us”).

Our businesses or brand names that we operate include businesses under the brand names Nigel Frank, Mason Frank, Nelson Frank, Jefferson Frank, Churchill Frank, Anderson Frank, Pearson Frank, Washington Frank, FRG Technology Consulting, Gulfjob Market and Dynamic Jobs.

Section III.  Use of Our Sites

The Sites are operated in order to assist you in understanding Frank Group’s services and in communicating with us.  This Site is provided for your personal or business use subject to these Terms of Use.

Section IV.  Privacy

Your privacy is important to us.  If you have any questions about how we collect, process, store, use and delete your personal data or personally identifiable information (collectively, “PII”), please click here to review our Privacy Notice, as the same may be amended from time to time (the “Privacy Notice”).  We may release information relating to you to regulatory or law enforcement authorities, with or without notice to you, if required to do so by applicable law.

Section V.  Changes to these Terms of Use

Frank Group reserves the right, at its sole discretion, to change, modify, add or remove any portion of these  Terms of Use in whole or in part, at any time.   It is your responsibility to check these Terms of Use periodically for changes.  You continued  use of a  Site following the posting of changes will mean that you accept and agree to the changes.

Section VI.  Website User Conduct

While using the Sites, you shall not:

  • Disrupt or interfere with the security of the Site or otherwise abuse any service provided on the Site or linked website.
  • Disrupt, interfere or abuse any other user’s use or enjoyment of the Site.
  • Obtain unauthorised access to any part of the Site that is restricted from public access.
  • Introduce to the Site or imbed in the Site and “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent process, to access, acquire, copy or monitor any portion of the Site or its Content (as defined below).
  • Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
  • Use the Site or any of its Content for any purpose that is unlawful or prohibited by these Terms of Use.

Section VII.  Receiving Communications from FRG

On the Site, you may elect to receive communications from us, including via email, about jobs or candidates that may be of interest to you or your company.  If you so elect, you will have to provide us with your email address and other information, including PII, so that we can send you the communications.  You must ensure that the details provided by you  are correct and complete.  You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. This will enable us to communicate with you effectively.  Some of the information that you provide to us on the Site is PII.  Our  storage, processing, use and deletion of your PII is subject to the Privacy Notice.

If you register to use a Site or create an account on the Site, you will be asked to create a password. To prevent fraud it is your responsibility to keep this password (or passwords) confidential and you must not disclose to anyone. If you suspect that someone else knows your password, you should notify us immediately by contacting webmaster@frankgroup.com.  If Frank Group has reason to believe that there is or is likely to be a breach of security or misuse of the Site, we may ask you to change your password or we may even suspend your account.

Section VIII.  Suspension or Cancellation of your Account, Registration or Usage of the Site

We seek to make sure that the Sites are safe and operating correctly for all users.  Therefore, we reserve the right to suspend or cancel your registration or account, or ability to use or visit any of the Sites immediately at our discretion if we believe that you are in breach any of your obligations under these Terms of Use or if you or your use of any of the Sites poses any risk to the safety or proper operation of the Site or Sites.

You can cancel your registration or account at any time by logging onto the Site or by emailing webmaster@frankgroup.com

The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s statutory rights or liabilities.

Section IX.  Information you Submit to us via the Site

Except for your PII, any information, including but not limited to, remarks, suggestions, ideas, graphics, or other submissions, communicated to us through this Site is the exclusive property of FRG.  FRG is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Notice linked to and incorporated into these Terms of Use) or compensation to the person sending the submission, including you. You acknowledge the originality of any submission communicated to FRG over the Site and accept responsibility for its accuracy, appropriateness, and legality.

Section X.  Availability of the Site

Frank Group cannot guarantee that the Site, or any of the Sites, or the Content on any Site will be free of fault or available 100% of the time. If a fault occurs in the service please report it to webmaster@frankgroup.com. If we are informed of any inaccuracies in the Content or of a fault, we will attempt to correct the inaccuracies or fault as soon as reasonably possible.

Access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore the service as soon as possible.

Section XI.  Links to Third Party Websites

The Site may contain links to other websites including independent third-party websites. Although we exercise reasonable care in providing links to third party websites that may be of interest to you or are related to our recruitment services, Frank Group is not responsible for the  content, security, availability and privacy practices used by such linked websites.  We recommend that before using or providing any information, including PII, to any third party linked to the Site, that you review the third party and its privacy practices.

The linked pages are provided solely for your convenience and are not under our control.  Frank Group is not responsible for, and does not endorse, the content of these linked websites nor their services or practices.  You will need to make your own independent judgment regarding your interaction with these parties and websites.

Section XII.  You Indemnify Frank Group

By using the Site, you shall indemnify, defend and hold us and our officers, directors, employees, predecessors, successors, agents and business partners harmless from any loss, liability, claim, judgment, demand, damage or expense (including reasonable attorney’s fees), asserted by any third party relating to your use of this Site or breach of these Terms of Use.

Section XIII.  Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and service marks (collectively, “Content”) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content is owned, controlled or licensed by or to Frank Group, and is protected.  The owners of the marks on the Site retain all rights in and to the marks. Nothing grants users the right to use, reproduce or display any of the marks.

Except as expressly provided in these Terms of Use, no part of the Site or Content may be copied, republished, reproduced, uploaded, encoded, translated, downloaded, displayed, distributed, posted, transmitted or sold in any form or by any means in whole or in part without prior written permission of the Frank Group.

You shall not reproduce or reuse this Site or any Content for any commercial purpose whatsoever.

All page headers, button icons, collection material, custom graphics and all other types of graphics used on this Site shall not be copied or imitated without the right owner’s permission.

Section XIV.  DISCLAIMER

WHILST FRANK GROUP HAS USED REASONABLE EFFORTS TO  PRODUCE THE MOST ACCURATE AND RELIABLE INFORMATION ON THE SITE, WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OR ACCESSED THROUGH THE SITE INCLUDING THE CONTENT. IF FRANK GROUP IS INFORMED OF ANY INACCURACIES IN THE MATERIAL OR CONTENT ON THE SITE, WE WILL ATTEMPT TO CORRECT THE INACCURACIES AS SOON AS WE REASONABLY CAN.

FRANK GROUP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED.

THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” “WHERE IS” AND “AS-AVAILABLE” BASIS.

ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.  FRANK GROUP CANNOT ENSURE THAT ANY FILE OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  TO THE FULLEST EXTENT OF APPLICABLE LAW, FRANK GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, OWNERSHIP, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  FRANK GROUP MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE IN RESPECT OF ANY OF THE EXISTENCE OR AVAILABILITY OF ANY VACANCY POSTED ON THE SITE; (FOR JOB CANDIDATES) THAT ANY EMPLOYER OR FRG CLIENT WILL REQUEST YOUR CV, ASK TO INTERVIEW YOU OR RECRUIT YOU, OR THE TERMS, CONDITIONS, PAY OR DURATION OF ANY JOB OBTAINED, WHOLLY OR PARTIALLY, THROUGH THE SITE.  FRANK GROUP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FRANK GROUP SERVICES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

THE ABOVE DISCLAIMER APPLIES TO ANY (I) FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE RELATED TO THE SITE AND (II) THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE, ANY INFORMATION ON THE SITE, INCLUDING THE CONTENT, OR ANY USER GENERATED CONTENT PUT ONTO THE SITE.

Section XV.  Limitation of Liabilities/Cap (Please read carefully)

SOLE REMEDY.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY AGAINST FRANK GROUP FOR ANY CLAIMS ARISING OUT OF YOUR USE OF THE SITE OR YOUR DISSATISFACTION WITH THE SITE OR ANY OF THE CONTENT, IS TO STOP USING THE SITE.

DIRECT DAMAGES LIMITATION.IF, NOTWITHSTANDING THE FOREGOING, FRANK GROUP OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PREDECESSORS, SUCCESSORS, AGENTS AND BUSINESS PARTNERS, ARE FINALLY FOUND TO BE LIABLE TO YOU BY A COURT OF COMPETENT JURISDICTION FOR DIRECT DAMAGES, THEN FRANK GROUP’S AND ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, PREDECESSORS’, SUCCESSORS’, AGENTS’ AND BUSINESS PARTNERS’ AGGREGATE LIABILITY TO YOU (OR ANYONE CLAIMING BY, THROUGH UNDER YOU OR ON YOUR BEHALF) SHALL, IN NO EVENT, EXCEED £1,000 EXCEPT THAT THESE TERMS OF USE SHALL NOT LIMIT OR AFFECT OUR LIABILITY IF SOMETHING WE DO NEGLIGENTLY CAUSES DEATH OR PERSONAL INJURY TO YOU.  PLEASE NOTE THAT THE IMMEDIATELY PRECEDING EXCEPTION IS INAPPLICABLE IF YOUR CLAIM AROSE OUT OF YOUR USE OF THE SITE IN THE UNITED STATES OF AMERICA.

NO INDIRECT/SPECIAL/PUNITIVE/CONSEQUENTIAL DAMAGES.  IN NO EVENT WILL FRANK GROUP AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PREDECESSORS, SUCCESSORS, AGENTS AND BUSINESS PARTNERS BE LIABLE TO YOU (OR ANYONE CLAIMING BY, THROUGH UNDER YOU OR ON YOUR BEHALF) OR ANY THIRD PARTY FOR ANY, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE (INCLUDING LOST PROFITS) OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF, IN ANY WAY, YOUR USE OF THIS SITE, EVEN IF FRANK GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH RISK OR DAMAGES.

Section XVI.  Jurisdiction and Governing Law

The Terms of Use and all other legal clauses of this Site shall be governed by and construed in accordance with the law of the country in which you are based.  The courts of the same country shall have exclusive jurisdiction to resolve any dispute arising from communications and transactions arising from the use of this Site.

Section XVII.  Miscellaneous

Your rights under these Terms of Use may not be transferred to any other person or entity. Frank Group may assign or transfer our rights under these Terms of Use without your consent or notice to you.

If you breach these Terms of Use and we do not act upon it at the time, Frank Group will still be entitled to use its rights and remedies at a later date or if you commit further breaches of the Terms of Use.  We shall not be responsible for any breach by FRG of these Terms of Use caused by circumstances beyond our reasonable control.

If you have any queries, please contact webmaster@frankgroup.com.

Frank Recruitment Group Services Limited, Registration No. [08142375], registered in the United Kingdom with a registered office at:  The St. Nicholas Building, St. Nicholas Street, Newcastle upon Tyne, NE1 1RF.  Please click here for a full list of Frank Group’s entities and trading names.

Last updated May 2018

ADDENDUM 1 – AUSTRALIA

We acknowledge that the Site and services may come with consumer guarantees that cannot be excluded under the Australian Consumer Law (“ACL”).  Notwithstanding anything to the contrary herein, in respect of any conditions, warranties or guarantees which under statute we cannot exclude, to the extent permitted by law, our liability is limited, at our option, to the resupply or a refund of the cost of the relevant services provided that this limitation of liability only applies to services provided by Frank Group over the Site.  For services not provided wholly over the Site, Frank Group’s written terms of business (the “ToB”) shall govern.  To the extent of any conflict between the terms and conditions of these Terms of Use and the terms and conditions of the ToB, the ToB shall prevail.

ADDENDUM 2 – UNITED STATES OF AMERICA

Information Security Program/Privacy Notice.  If you would like a copy of FRG’s U.S. comprehensive information security program or a copy of the Privacy Notice, please click here or email FRG’s Chief Privacy Officer at privacy@frankgroup.com.  For information on FRG’s compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, please see the U.S. addendum to the Privacy Notice.

Do Not Track.  If FRG receives a “Do Not Track” signal or request from a web browser, FRG will not honour such request or signal.  FRG has taken this position in part to provide you with a personalized and efficient experience on the Site.

Third Party Tracking.  As discussed in the Privacy Notice (which is linked to these Terms of Use), there are third parties who conduct tracking on the Websites.

Web Beacons.  Information about web beacons used by FRG and third parties with whom it contracts can be found in Section XII.F of the Privacy Notice.

Copyright and Trademark Information. This Site and all the information it contains, or may in the future contain, including, but not limited to, the Content is the property of FRG or its parents, affiliates, subsidiaries, and licensors, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of FRG or such third party that may own the trademark or copyright of material displayed on this Site.

Subject to your full compliance with these Terms of Use, FRG authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, non-commercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

DMCA Notice.  As required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512 („DMCA„), this Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site.  All notices should be addressed to the contact person specified below:

Notification of Claimed Infringement:
Frank Recruitment Group Services Limited and its affiliates
The St. Nicholas Building, St. Nicholas Street, Newcastle upon Tyne, NE1 1RF

Email Address: webmaster@frankgroup.com

You may contact us specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we  will use reasonable efforts to notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.