www.BarbadosCareers.com (herein referred to as the “Website”) is a Monda Media product and service. The following serves as an Agreement between customers of Monda Media seeking to place ads on the Website. Send any questions or concerns by email to firstname.lastname@example.org.
This Agreement for Internet Advertisement Services (the “Agreement”) is made and effective the Registration Date (and time) and is referred to as Terms and Conditions.
Damon Wilson and Monique Wilson carrying on business under the name or style of “Monda Media” (the “Service Provider”), a business registered under the Registration of Business Names Act Cap. 317 of the Laws of Barbados with its registered address located at:
#8 Keoni Drive, Bagatelle, St. James, Barbados
[YOUR BUSINESS NAME] (the “Customer”), a business existing under the laws of Barbados, with its registered office located at:
[INSERT CUSTOMER’ S ADDRESS]
- The Service Provider owns and operates a website located at barbadoscareers.com (the “Website”) which said Website displays job-vacancies advertisements (the “Service”) for third-party businesses using graphical and text-based descriptions (the “Content”) for a cost (the “Fee”) [Refer to Fee Schedule – Appendix A]. Visitors to the Website can view these advertisements but only Registered Users may submit applications by email to the Customer.
- The Customer owns and operates a business with a vacancy (the “Advertised Vacancy”) for which it desirous the Service Providers services to assist in filling the said vacancy. The Content of which will be provided to the Service Provider upon request of Service along with settlement of the applicable Fee.
WE AGREE TO SUBSCRIBE THIS AGREEMENT FOR THE RENDERING OF SERVICES (HEREINAFTER “THE AGREEMENT’) WHICH SHALL BE RULED AND GOVERNED BY THE APPLICABLE LAWS OF BARBADOS AND ESPECIALLY BY THE FOLLOWING CLAUSES AND CONDITIONS:
For the purposes of this Agreement and any appendices to the same the following terms shall have the meaning assigned in this document.
Content means any and all materials, including text, images and graphics provided by the Customer for the purpose of displaying advertisements on the Website.
Customer means any individual, business or company seeking to utilize the publishing services offered by Monda Media using the Website.
Fee refers to the associated costs of engaging in services offered by Monda Media on the Website.
Registration Date is the date and time of registration, online or otherwise documented, that a customer agreed to these Terms and Conditions.
Service means any service provided by Monda Media to its Customer related to use of this Website.
Service Provider refers to Mondia Media in its capacity to provide service to its customer(s) through the Website publications.
Website refers to www.barbadoscareers.com
- ADVERTISING CONTENT
1.1 The Customer agrees to submit to the Service Provider, all Content required to engage the Service including but not limited to the full Job Title, Job Description, Email for submission of application, Closing Date for applications, Business Logo, Salary Details and any other pertinent details to be included in the advertisement [Appendix B].
1.2 The Customer acknowledges that it is his responsibility to ensure completeness and accuracy of the submitted Content and hereby agrees to indemnify and hold harmless the Service Provider for any such omissions or errors as such.
1.3 The Customer shall endeavor to submit the Content to the Service Provider by email [email@example.com] or using the online submission form on the Website or by any means as directed by the Service Provider from time to time.
1.4 The Customer endeavors to allow the Service Provider 1 business day for processing prior to the beginning of the start date for the advertisement to be published.
1.5 The Service Provider has the right and option to reject Content if it is objectionable to the Service Provider in any way, if it contains false or misleading information, if it contains any illegal information, if it contains any vulgar or pornographic items, or for any other reason, in the Service Provider sole discretion. If the Service Provider rejects any Content that the Customer submitted, the Service Provider will notify the Customer. Even after the Service Provider publishes the Content for Service, the Service Provider has the right to remove it if it does not function correctly or for any of the reasons described above. Publishing the Content from the Customer on the website does not signify approval or waiver of the right to object to it in the future by the Service Provider.
1.6 The Customer may periodically make changes to the Content of a published advertisement which the Service Provider must also approve. This may or may not incur a fee depending on the Fee Schedule [Appendix A]. The customer must provide the Service Provider with the updated Content for consideration. The Service Provider will use its reasonable efforts to make the changes within 1 business day after the Service Provider approved the same.
2.1 The Service Provider does not make any guarantees for the provision of Service to the customer.
2.2 The Service Provider will use its reasonable efforts to make the website available for display online through the World Wide Web. The Service Provider is not responsible for periodic downtime for maintenance, backup, acts of God, and other circumstances beyond his control or which are a normal part of the Internet Business.
2.3 The Service Provider may at its discretion decide to highlight the Customer Content on additional media such as Facebook, Twitter, LinkedIn and Instagram. The Customer acknowledges that this is an exception and does not constitute a form of Service.
3. COMPENSATION AND FEE SCHEDULE
3.1 In consideration of Service, the Customer agrees to pay the prescribed cost or Fee set forth on the Fee Schedule [Appendix A] prior to the Customer Content published date or as agreed upon by the Service Provider in writing.
3.2 The Customer will be responsible for all collection costs and attorney fees if it is necessary to pursue collection efforts to collect on account.
3.3 The Service Provider reserves the right to suspend advertising services until the Customer’s account is brought current.
3.4 The Service Provider reserves the right to amend the Fee Schedule but must provide the Customer with 30 days’ notice in such instances.
4. PROPRIETARY RIGHTS
The Service Provider will retain all proprietary rights in and to its respective website and other proprietary materials such as copyrights, trademarks, trade secrets, patterns and confidential information. The Service Provider do not grant the customer any rights in and to such proprietary material except that the Customer hereby grants the Service Provider a non-exclusive license to use the content provided, including its trademarks and copyrights, and the right to hyperlink to Customer website during the term of this Agreement. Upon termination of this Agreement, the Service Provider agrees to remove the hyperlink and the advertising materials provided from its site within a reasonable time.
5. REPRESENTATION AND WARRANTIES
5.1The Customer represents and warrants that the content is not false and misleading, does not contain any untrue, defamatory, harmful, abusive, vulgar or obscene materials, is in compliance with all applicable laws, does not infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights. The Customer also warrants and represents that it has the unrestricted and exclusive right to use all such materials.
5.2The Service Provider makes no warranties that the advertising contained on the Service Provider website will be free from errors or defects or that the use of the hypertext link to access to its site will be uninterrupted. The Service Provider specifically disclaims all express and implied warranties, including but not limited to warranties of merchanability, fitness for particular purpose, and non-infringement on the rights of third parties. In no event shall the service provider be liable whether in contract, tort (including negligence), or otherwise, for any indirect, incidental, or consequential damages (including lost sales or profits, lost data, business interruption or attorneys’ fees), even if notified in advance of such possibility. The Service Provider’s maximum liability under this agreement in respect to all claims that arise from a single event or a series of events shall be limited to the total fees already paid to it by the customer under this agreement regardless whether such claims arise in contract, tort (including negligence), equity, or statutory liability.
The Customer how will indemnify and hold the Service Provider harmless from and against any claims, suits, threats, demands, settlements, actions, causes of action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of any of the representations and warranties that the Customer has made to the Service Provider and otherwise arising directly or indirectly from the placement of its Content on the Service Provider website. The terms and conditions set forth in this article (article 5 “indemnification”) shall survive the expiration or termination of this agreement.
7. FORCE MAJEURE
The Service Provider will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, acts of terrorism, utility outages or interruptions, system transmission failure, server failure, strike, lockout, or any other situation which is beyond its control.
The Customer may terminate this Agreement, with or without cause, by giving 30 days’ advance notice of his intent to terminate. The Service Provider reserves right to terminate this Agreement for any reason, with or without cause, upon 30 days’ written notice to Customer.
9. ENTIRE AGREEMENT
This Agreement and the Appendices hereto constitute the entire agreement and understanding between the parties with respect to the subject matter hereof. It supersedes and replaces all previous discussions, negotiations, and understandings between the parties. This Agreement may only be amended by a written amendment signed by authorized representatives of both of the parties.
The Customer is not permitted to assign its rights or responsibilities hereunder. If any dispute or lawsuit between the parties arises relative to this Agreement, the prevailing party will be entitled to an award of reasonable attorney fees and costs.
The service provider and the customer each represent and warrant that (a) all necessary approvals and authority to enter into this agreement and bind it have been obtained, (b) the person executing this agreement on its behalf has express authority to do so and in doing so binds it and (c) by executing this agreement no provision of any by-law, charter regulation or any other governing authority is violated.
All notices called for herein shall be to the parties at the addresses contained in this Agreement and shall be by email, certified mail return receipt requested or overnight delivery services.
The determination that a provision of this agreement is invalid or unenforceable shall not invalidate or render unenforceable the entire agreement. Instead this agreement shall be construed as if it did not contain the invalid and unenforceable provision and the rights and obligations of the parties shall be construed accordingly.
14. GOVERNING LAW
This Agreement shall be interpreted under the laws of Barbados. Any and all legal actions relative hereto shall be in the courts of Barbados.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
MONDA MEDIA [YOUR BUSINESS NAME]
SERVICE PROVIDER CUSTOMER
APPENDIX – A
STANDARD FEE SCHEDULE
STANDARD LISTING DAY RATE $50.00
FEATURED LISTING DAY RATE $65.00
EVENT LISTING (ONE TIME FEE) $100.00
AD ADMENTMENT CHARGE (ONE TIME FEE) $40.00
GRAPHIC COSTS – To be discussed and agreed should this be necessary.
Monda Media reserves the right to amend pricing with a 30-day notice
APPENDIX – B
AD CONTENT SUPPLIED BY CUSTOMER
The following information is required to publish an advertisement:
APPLICATION EMAIL OR URL
APPLICATION CLOSING DATE
AD START DATE
AD END DATE
The following information is optional but strongly recommended:
COMPANY VIDEO URL
Ads may be submitted by e-mail to firstname.lastname@example.org
Logo Image Format – JPEG or PNG
TEXT documents should be in MS WORD or .PDF