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Chameleon-i online recruitment software subscription service agreement

BY COMPLETING AND SUBMITTING THE FORM AND/OR ACCESSING THE CHAMELEON-I ONLINE SERVICE ("CHAMELEON-I", OR THE "SERVICE") YOU REPRESENT THAT YOU ARE OVER THE AGE OF 18 TO REGISTER FOR THE SERVICE (IF YOU ARE USING THE SERVICE AS AN INDIVIDUAL). IF YOU ARE SIGNING UP YOUR COMPANY TO USE THE SERVICE, YOU REPRESENT THAT YOU HAVE COMPLETE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY, THE TERM "YOU" IN THIS AGREEMENT MEANS YOUR COMPANY AND ALL OF ITS EMPLOYEES. EITHER AS AN INDIVIDUAL OR ON BEHALF OF YOUR COMPANY, YOU ARE AGREEING TO ALL THE TERMS OF THIS SUBSCRIPTION SERVICE AGREEMENT (THE "SERVICE AGREEMENT" OR "THIS AGREEMENT").

IF YOU DO NOT AGREE TO THE TERMS OF THIS SERVICE AGREEMENT, PLEASE DO NOT SUBMIT THE FORM OR REQUEST A SUBSCRIPTION TO THE SERVICE.

Terms and Conditions

1. The Service
The Service consists of a browser interface, data encryption, data transmission, data access (as available) and, if applicable, synchronization software and data storage. As used in this Agreement the terms "You" and "Yours" encompasses each user accessing the Service by means of a valid account established by You including, if you are a corporation, all employees of Your corporation. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., ISP, telecommunications) incurred while using the Service.

Chameleon-i makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. Chameleon-i will inform you of any significant changes to the Service or to the terms and conditions of this Agreement that it may make from time to time.

2. Use of Chameleon-i
Chameleon-i grants to You subject to the terms and conditions of this Service Agreement, an individual, personal, non-sub licensable, non-exclusive and non-transferable license to use Chameleon-i, in object code form only, and only in accordance with the applicable end user documentation, if any, and solely in conjunction with this Service Agreement.
Neither You (and if You are a company, none of Your employees) will, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Chameleon-i product; modify, translate, or create derivative works based on the Chameleon-i product; or rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Chameleon-i product; use the Chameleon-i product for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the Chameleon-i products. Because the Chameleon-i is proprietary, You agree not to publish or disclose to
third parties any evaluation of Chameleon-i�s Software without Chameleon-i�s prior written consent. You acknowledge that Chameleon-i retains exclusive ownership throughout the world of all Chameleon-i products, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate, and You, and any user accessing the Service by means of a company account, if applicable, will cease to use or have access to the Chameleon-i product.

3. Restrictions and Policies
A. General Use. You will not use the Service in any way for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such. You agree not to transmit or permit Your employees to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. You will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You hereby agree to defend, indemnify and hold Chameleon-i blameless against any claim or action that arises from Your use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein.

B. Privacy Policy and Confidentiality. It is Chameleon-i�s policy to respect the privacy of its users. Chameleon-i provides information such as your name, address, and credit card number to organizations (such as credit verification and billing services) to ensure that we receive proper payment for our services. Chameleon-i will not share, rent, sell, or trade personal information (including e-mail addresses) that identifies our customers or users to third parties. Chameleon-i will not share, rent, sell, or trade data contained in Your account. However, Chameleon-i may use this information to contact You to ensure that You are satisfied with Chameleon-i products or services, learn about any ideas you may have to improve our offerings, call your attention to additional offerings or services provided by Chameleon-i, and communicate other information that Chameleon-i believes will be useful. In addition, Chameleon-i may share e-mail address and other information required to ensure that Chameleon-i channel partners and contractors can provide services and support subscribed to by you.

Chameleon-i may occasionally ask You to provide demographic or personal preference data. If You elect to provide such data, Chameleon-i may use them to analyze the characteristics of Chameleon-i customers and visitors to the Chameleon-i Web site. Chameleon-i may also use such data to customize the specific information provided to You, or tailor it to better meet Your needs. Chameleon-i may share information aggregated from such data with third parties without notifying you.

User and Account Data given to us are considered confidential. Chameleon-i�s privacy policy is subject only to Chameleon-i�s obligation to comply with applicable laws and lawful government requests, to operate its business properly, and to protect its users or itself. Chameleon-i reserves the right to contact users of the Service via e-mail or other means to inform them of their account status or changes or alterations to the service, or to inform them about additional offerings or services being provided or contemplated. Chameleon-i reserves the right at any time to change its privacy policy upon thirty (30) days notice to users, which notice will be sent by e-mail.

C. Data Ownership Policy. All data uploaded and stored within Chameleon-i is legally owned by You. Chameleon-i will not under any circumstances contact, share, rent, sell, or trade any stored data to any other third party unless required to do so by Law.

D. Data Backup and Security. Chameleon-i shall use all reasonable efforts to protect Your data behind secure firewall systems. Chameleon-i will conduct daily data backups, and store a complete daily backup of all full-system data in a separate data facility.

E. Fair Use Policy. Chameleon-i operates a Fair Use Policy in connection with data storage enabling reasonable storage in relation to the business practices of any individual client and revenue we receive for the service. We do not imposed any set storage limits and ask that You do not abuse this policy. Chameleon-i is not to be used as a repository for bulk storage from other internet sources i.e. Job boards or CV databases. Chameleon-i reserves the right to charge additional storage fees or suspend accounts if this policy is abused.

4. Support
Chameleon-i, or its designee(s), shall provide e-mail and or �Live Support� between 9:00am and 6:00pm Monday-Friday (GMT), except on public holidays, but has no obligation to provide You with hard-copy documentation, upgrades, enhancements, modifications, or other support unless specifically contracted for. Support hours provided by Chameleon-i resellers are pursuant to their normal business hours, which may differ from those of Chameleon-i�s or Chameleon-i�s designees.

5. Data Import
Chameleon-i provides a bulk import interface enabling a swift free self-service import facility for your data. You are responsible for the loading of Your data, its quality and integrity. Any expertise required to correct errors in data entry will attract charges to correct these at our standard rates. Chameleon-i does not as part of this agreement provide a managed data import or data migration service as standard. Chameleon-i can provide a paid for data import or data migration service for further information and to obtain costs please contact our technical support team.

6. Training
Ease of use has been a major part in the development of Chameleon-i but we understand that well conducted training can be the key to effective and efficient use of the product. Chameleon-i provides free on-line induction training to all users. Single user accounts will be subject to group sessions which are run weekly. Multiuser Accounts (2 Plus Users) can book dedicated induction training sessions. Free training must be taken up within 4 weeks of subscribing to our services You are responsible for booking training. Chameleon-i can arrange one to one training for single user accounts for a set fee, please contact customer services for further details.

Chameleon-i delivers all free training via the internet using the latest remote working tools and covers all key elements of the product. Free training is delivered concurrently to all account users. 
Note: - Chameleon-i has a wide range of additional training packages available for all members of Your team, from administrative and recruiters through to managers and system administrators. Our dedicated trainers can visit your premises or your employees can join us at our training facility in groups or individually, which is ideal for new employees who can join our classroom based training sessions that are charged per person to keep your training costs down. We also offer tailored training packages to suit all types and size of organization, please contact customer services for further details. 
7. Bulk Email
Chameleon-i provides this service to paying license users only. You are responsible for all content sent via email in accordance with point 3. Restrictions and Policies A. General Use. Chameleon-i cannot and will not be held responsible for any issues, complaints or blacklisting that a rise from using this functionality or any abuse of the system.

8. Provision of Contact and Billing
Information and Payment of Fees
If the terms of Your Chameleon-i Online account require You to pay for the Service, You agree to provide Chameleon-i with accurate billing information and with truthful, accurate, and complete contact information, including Your legal name, company name, street address, e-mail address, and telephone number, and to update this information within 30 days of any change to it. If the contact information You have provided is false or fraudulent, Chameleon-i reserves the right to terminate Your access to the Service immediately without any obligation to return Your data. You agree to pay Chameleon-i the then applicable fees (the "Fees") by a payment method to be determined by Chameleon-i at its sole discretion (credit card, debit card, bank transfer). Chameleon-i reserves the right to change the form of payment upon reasonable prior notice to You.

Applicable fees for use of the service and additional services are available on Chameleon-i via the Admin Tab and are clearly and individually displayed by clicking the Info Tab or by contacting Chameleon-i, or by contacting authorized third parties. Chameleon-i reserves the right to change the fees, applicable charges and usage policies and to institute new charges at any time, upon sixty (60) days prior notice to You (which will be sent by e-mail). The Fees will automatically be charged monthly in arrears on the anniversary of Your signup date (Billing Date). Payment by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.

By default all accounts are to be settled by either a valid credit or debit card. We offer the facility to pay service charges by Electronic Bank transfer, Internet Banking and Cheque. If you want to settle your account by any of these methods you MUST contact us to set up this facility which is subject to status.

All accounts must be settled within 14 days of the Invoice date. Failure to settle Your account by the due date (14 days) will result in Your account being suspended for all Users and marked delinquent. A reconnection fee of �40.00 per User will be charged and must be settled before a delinquent account is reconnected.

Whilst your account remains unpaid you will not be able to purchase additional Users or Modules. If You subscribed to the Downloadable Backups module this will be blocked/suspended until payment has been received.

For credit or debit card payments, Your account will be considered delinquent if Your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid 30 days following the billing cycle.

Unpaid charges are subject to interest of 3% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.

Any account which is suspended for more than 30 days will be considered delinquent and will be terminated without any obligation on the part of Chameleon-i to maintain Your data.

If You believe Chameleon-i has billed You incorrectly, You must contact Chameleon-i immediately stating the error or problem that has occurred, in order to receive an adjustment or credit if applicable.

Bank charges, You are responsible for any charges incurred in making payment to Chameleon-i. All payments must be to the full Invoice value.

9. Prices
Prices are guaranteed for the period stated on the Order Form purchased by You via the Admin tab within the system. All prices and purchase options are clearly displayed individually via Your Admin tab by clicking the Info tab.

If any Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period. You are responsible for payments for any unused Services Ordered.

All prices are subject to VAT at the applicable rate.

10. Publicity and Marketing
By becoming a subscriber of the Service, Chameleon-i may, at its discretion, issue a press release announcing the use of the Service by You. If use of the Service performs to Your satisfaction, You agree to provide Chameleon-i with a quote from the primary decision maker and a user of the Service, as well as work with Chameleon-i to approve, and not unreasonably withhold approval for, a press release. As of the effective date of paid subscription activation, You hereby grant Chameleon-i the right to reference You, along with Your logo, on the customers section of Chameleon-i�s web site until such time as: (a) this agreement is terminated or (b) You discontinue use of the  Service.

11. Passwords and Security
You will choose or be given all applicable passwords to use in connection with the Service. You are entirely responsible for maintaining the confidentiality of Your passwords and account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You). Furthermore, You are entirely responsible for any and all activities that occur under Your account (including, if applicable, the accounts of each user accessing the Service by means of an account established by You), and You shall ensure that You exit from Your account at the end of each session. You shall notify Chameleon-i immediately of any unauthorized use of Your account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You) or any other breach of security. Chameleon-i cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.

12. Browser and operating system policy
Chameleon-i operates in the following browsers Internet Explorer 6.2 as a minimum and Firefox running on Windows or Mac operating systems.

Chameleon-i requires users to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in your browser.

13. Job posting
Employment agencies and employment businesses
If you are operating as a employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act') it is your responsibility to ensure that advertisements you place via Chameleon-i to your website or any third party job boards comply with your obligations under the Act and Conduct of Employment Agencies and Employment Businesses Regulations 2004 and or any local Acts that apply. You agree to comply with the Act(s) and these regulations as they affect the conduct of your business and the advertisements you place on your website and these job boards.

14. Data Protection
It is Your responsibility to apply and hold a valid Data Protection number in line with Your responsibilities as a employment agency and employment business in-line with the Data Protection Act 1998 or any local Acts. Chameleon-i is not responsible and cannot be held responsible for Your failing to comply with said Act(s).

15. Termination
Our Free User Account and additional paid for user accounts, last one(1) calendar month from date of Service Authorization. Upon expiration or termination at the conclusion of the month, if You choose not to continue a Chameleon-i subscription, You will immediately cease all use of the Service, including the Chameleon-i product and any documentation.

This Service Agreement is a monthly agreement, renewable unless either party requests termination of the agreement by giving thirty (30) days notice. If You have purchased the Services, You will pay in full for the Service up to and including the last day of the contract term. To cancel the Service or reduce/remove modules/services provided by Chameleon-i, You must update Your account via the ADMIN tab. Chameleon-i will email you detailing the contract details and Fees due on the anniversary of your subscription date (Billing Date).

Chameleon-i will delete archived data, but will not do so until ninety (90) days after the termination of this Agreement. Chameleon-i reserves the right to cease offering the product and remove all archived data to no-charge users who have had no activity on the service for a ninety (90) day period. Chameleon-i will communicate this intention to remove and delete archived data by email prior to termination.

Upon expiration or termination, You will immediately cease all use of the Service, including the Chameleon-i product and any documentation. You are entitled to receive a back-up of Your data, subject to Your then current monthly fees being paid, for a set charge of �500.00 unless you have subscribed to the downloadable backups module which will enable you to download a copy of your data manually on-demand.

Delinquent accounts must be brought to good standing in order to receive data. The following provisions of this Service Agreement shall survive termination or expiration of this Agreement: Section 2 (regarding Chameleon-i�s ownership), 3, 8 (regarding payment obligations), 11, 15, 16, 17 and 18. Termination is not an exclusive remedy and all other remedies will be available whether or not the license granted herein is terminated. Notwithstanding the foregoing, if You are dissatisfied with the Service, the materials available on or through the Service, or with any of Chameleon-i�s terms and conditions, Your sole and exclusive remedy is to discontinue using the Service.

16. Warranty and Disclaimer
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND CHAMELEON-I DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. CHAMELEON-I DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE.

17. Limitation of Liability
CHAMELEON-I�S TOTAL LIABILITY WITH RESPECT TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO CHAMELEON-I FOR THE SERVICE UNDER THIS SERVICE AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER CHAMELEON-I NOR ITS LICENSORS SHALL BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF CHAMELEON-I HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. Miscellaneous
This Agreement is between Chameleon-i and You, and is not for the benefit of any third party, whether directly or indirectly (including, if applicable, any user accessing the Service by means of an account established by You). The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by You except with Chameleon-i�s prior written consent. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW. YOU AND Chameleon-i AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN ENGLAND. You and Chameleon-i agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Both parties agree that this Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Chameleon-i in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly served, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.

Revised and valid from 01/08/2008

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