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In
these Terms & Conditions of
Business ("Conditions"):
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- "Brandon Communications Ltd" means The
Brandon Communications Ltd, whose
registered address is at Brandon
Rd, Dublin, Ireland and whose
Registered Number is 415100;
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- "The Materials " means all works created
by or for Brandon Communications
Ltd including but not limited to
Questions and behavioral
responses, interview templates,
output guides, procedures, know
how, presentations and manuals,
and including customized Interview
Creator Software versions or in
any other medium supplied directly
to the Client or indirectly via an
affiliate party;
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- " Brandon Communications Ltd Intellectual
Property" means the Trade
Marks and all intellectual
property rights in the Interview
Creator Online version and its
software version including
copyright, trade names, data,
get up, format or
compilation rights, patents and
other intellectual property rights
used or embodied in or used in
connection with Interview Creator
online and its software versions.
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- "Client" means the company, business,
individual or any other person
(legal or natural) purchasing or
using Interview Creator Materials;
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- "Registered User" means a person employed
by the Client, or a sole
proprietor or self-employed person
who is also the Client, who has
registered with Brandon
Communications Ltd and purchased
an annual subscription Licence to
use Interview Creator
Materials;
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- "Trade Marks" means names, logos and
derivatives of: Brandon
Communications Ltd LTD®,
Interview Creator ™ and all
other business, trading and domain
names used by BRANDON
Communications Ltd in its
business;
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1
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The
headings in these Conditions are for
convenience only and shall not affect
their interpretation.
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1a
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These
Conditions override any earlier terms
and conditions appearing in Brandon
Communications Ltd’s
websites or elsewhere, or
referred to by the Client whether in
the order or any negotiations.
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1b.
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Brandon
Communications Ltd may amend, vary or
revise these Conditions from time to
time. Brandon Communications Ltd
shall notify the Client of such
revised Conditions, which shall be
binding on the parties unless the
Client wishes not to accept the new
Conditions in which case the Client
shall cease using the Interview
Creator
website and return all
Interview Creator
Materials not in use by the
Client at that time.
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1c
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CONDITION
[3] RELATING TO BRANDON COMMUICATIONS
LTD INTELLECTUAL PROPERTY SHALL BE OF
THE ESSENCE OF THIS AGREEMENT. BREACH
OF CONDITION [7] GIVES BRANDON
COMMUICATIONS LTD THE RIGHT TO
TERMINATE THIS AGREEMENT WITH
IMMEDIATE EFFECT.
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2.
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Conditions
of Supply/Use of Materials
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2a
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These
conditions apply to all sales and
supply of Interview Creator Materials
to the exclusion of all others.
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2b
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Interview
Creator Materials will be available
once clients have registered on the
appropriate online registration form
and have transferred appropriate funds
to cover the annual subscription
Licence fee to Brandon Communications
Ltd’s nominated bank account,
authorized payment service provider
or if
they are taking part in an
authorized free trial where they will
have access to part of the Interview
Creator Materials.
Interview
Creator will refund money with 60 days
of purchase. But please note that once
an interview is outputed (' ready
mode) no refund will be given in
any circumstances.
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2c
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Registered
Users shall inform Brandon
Communications Ltd of any change of
relevant information, including but
not restricted to change of employer.
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2d
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Interview
Creator Materials can only be used by
Registered Users, however Interview
Guides created from Interview Creator
can be used by Registered Users and by
others under their supervision, where
the Registered User takes appropriate
steps to ensure others are
competent to carry out and conduct
Competency behavioral
Based Interviews.
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2e
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Interview
Creator Materials may be accessed or
downloaded from the Brandon Communications Ltd website(s) by
Registered Users who have purchased a
valid annual Subscription Licence in
order to create Interview Guides .
Once created, these Interview Guides
may be printed and/or photocopied for
use within the Registered User’s
home organization. Guides used within
third party client organizations
however , these
guides must display the
Interview Creator Online signature and
logos.
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2f
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Interview
Creator Materials shall not be amended
without authorization from Brandon
Communications Ltd apart from
questions, which may be edited. Note
to liability Brandon
Communications Ltd may from time to
time authorize a Registered User to
make amendments to Interview Creator
Materials to reflect their own needs.
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2g
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Brandon
Communications Ltd reserves the right
to reasonably withhold Interview
Creator Materials from those who
violate such standards or breach any
of these Conditions and/or to cancel
the registration of Registered Users
who are guilty of non-compliance.
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2h
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Registered
Users are responsible for ensuring
that anyone using Interview Guides
that they have created are competent
in conducting Competency Based
Interviews and Brandon Communications
Ltd accepts no liability for any
decisions that are made using
information gathered using Interview
Creator Interview Guides or its
Questions.
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3.
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Obtaining
Interview Creator Materials
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3a
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A
Registered User, once the full funds
for the annual Subscription Licence
fee have been received by Brandon
Communications Ltd or its authorized payment providers will be able to access
the Interview Creator
Materials for the duration of
the Licence.
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3b
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Unless
expressly stated otherwise in these
conditions, Brandon Communications Ltd
will not accept any Interview Creator
Materials for return or refund, nor
will they refund the annual
Subscription Licence fee in part or in
full and this is a condition of sale.
If a Client believes there are
extenuating circumstances and wishes
to discuss the return of Interview
Creator Materials, or the refund of
the Subscription Licence fee, a
decision will be made by Brandon
Communications Ltd on a case-by-case
basis.
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3c
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Registered
Users will be able to access Interview
Creator Materials for 12 months from
the date of purchase. There is no
limit to the number of times they can
access these Materials or the number
of Interview Guides they can create
during this 12-month period. But any
user who seems to be creating
interviews systematically as a means
of copying all our data will have
their account terminated immediately
and legal action will be taken.
Registered Users will have
their subscriptions automatically
renewed by our payment service
providers or invoices will be sent to
those who are paying by check or
direct deposit. If the subscription is
not renewed, access to Interview
Creator will be terminated on the date
of expiry.
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4.
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Payment
Terms and Price
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4a
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Brandon
Communications Ltd accepts payment via
its authorized payment providers but
also in dollars or Euro Checks.
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4b
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In
respect of Interview Creator
Materials:
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In
order to obtain Interview Creator
Materials, clients must become a
Registered User by completing the
online Registration Form and purchase
a Single User or Corporate Annual
Licence.
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Payment
can be made online, by check or by
invoice, but in all cases the annual
subscription Licence fee in full will
need to receive by Brandon
Communications Ltd before access to
Interview Creator Materials can be
obtained.
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Prices
of Interview Creator Materials are set
out in our Sites, related Brandon
Communications Ltd websites and/or
other related documents and are
correct at the time of publication but
could be subject to change without
notice.
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Unless
stated otherwise on this Site, prices
for Interview Creator Materials are
exclusive of any applicable costs
including taxes, all of which could be
subject to amendment.
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5.
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Liability
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5a
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Subject
to condition
6a and 6b the
following provisions set out the
entire financial liability of Brandon
Communications Ltd (including any
liability for the acts or omissions of
its employees, agents, affiliates,
partners and sub-contractors) to the
Client in respect of:
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Any
breach of these Conditions; and
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Any
representation, statement or tortious
act or omission including negligence
arising under or in connection with
the Conditions.
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All
warranties, conditions and other terms
implied by relevant and applicable
national and international law are, to
the fullest extent permitted by law,
excluded from these Conditions.
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Nothing
in these Conditions excludes or limits
the liability of Brandon
Communications Ltd Partner for death
or personal injury caused by the
Partner's negligence or fraudulent
misrepresentation relied upon by the
Client.
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THE CLIENT'S ATTENTION IS IN PARTICULAR DRAWN TO THE
PROVISIONS OF CONDITION 5b and 5c
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5b
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Subject
to conditions 5a
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Subject
to 5a Brandon Communications Ltd’s
total liability in contract, tort,
misrepresentation or otherwise,
arising in connection with the
performance or contemplated
performance of these Conditions or the
use of Interview Creator Materials shall
be limited to reimbursement in respect
of the Interview Creator Annual
Licence fee and
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c
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Brandon
Communications Ltd shall not be liable
to the Client for any indirect or
consequential loss or damage costs,
expenses or other claims for
consequential compensation whatsoever
(howsoever caused) which arise out of
or in connection with the Conditions
or for any acts, omissions or
negligence of third parties e.g.
internet failures or bad hiring
decisions.
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d
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All
guides and reports generated by
Registered Users, or anyone else under
their supervision, using Interview
Creator Materials must not be relied
upon as statements of fact. For the
avoidance of doubt Brandon
Communications Ltd will not be liable
in respect of any recruitment or
employment decisions or claims made on
the basis of or derived from using
Interview Creator Materials, or
associated procedures.
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6.
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Data
Protection and Confidentiality
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6a
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The
Client and Brandon Communications Ltd
shall comply with relevant national
and international law on data
protection in relation to the use of
Interview Creator Materials and the
Client shall ensure that it has
obtained all necessary consents before
passing personal data to Brandon
Communications Ltd for processing.
Furthermore the Client consents to the
processing of all data and personal
information supplied to Brandon
Communications Ltd for the purposes of
these Conditions and the effective use
of the Interview Creator Materials.
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6b
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Each
party shall keep confidential all
information obtained from the other
pursuant to these Conditions and shall
not divulge such information to
another party without the other's
written consent unless ordered to make
such a disclosure by a competent court
of law or other empowered tribunal or
authority or unless required to do so
by law. Where disclosure is ordered
or, required under applicable national
and international law on freedom of
information, Brandon Communications
Ltd will inform the Client
accordingly. Each party will ensure
its employees; sub-contractors,
affiliates and agents are bound by
this clause, which shall not restrict
the use of information lawfully in the
public domain.
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7.
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Intellectual
Property Rights
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7a
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The
Client acknowledges that Brandon
Communications Ltd Intellectual
Property is the sole property of
Brandon Communications Ltd
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7b
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The
Client's rights to Interview Creator
Materials and Brandon Communications
Ltd Intellectual Property are strictly
limited to a non-exclusive Licence as
expressly set out in these Conditions
and any other written instructions
issued to the Client.
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7c
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Registered
Users, for the duration of their
annual subscription Licence, may
access, download, print or photocopy
Interview Guides created using
Interview Creator Materials which are
provided on the Interview Creator web
site. Clients may not vary or adapt
the Interview Creator Materials or a
substantial part of them by any means
or in any way whatever, or transcribe
the same into any kind of information
retrieval system including any form of
computer system without the express
written agreement of Brandon
Communications Ltd. Any such act or
occurrence is an infringement of
Brandon Communications Ltd
Intellectual Property and may amount
to a criminal offence. Brandon
Communications Ltd may take legal
action against anyone who infringes
its Intellectual Property rights.
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7d
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Registered
Users may re-use any Interview Guides
created from Interview Creator
Materials for the duration of their
annual subscription Licence and may
visit the Interview Creator’s web
site as many times as they wish during
the term of the annual subscription
Licence to create new or different
Interview Guides. If the Client is
unsure of its rights in respect of any
particular item it should us.
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7e
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Intellectual
Property rights in any Bespoke
Interview Creator Materials that are
specifically developed or created for
the Client will be vested in the
Client and Brandon Communications Ltd.
Therefore at its discretion Brandon
Communications Ltd may choose to add
such bespoke materials to the standard
Interview Creator Materials and make
these available to other Interview
Creator Registered Users. Further
Brandon Communications Ltd will retain
exclusive ownership of any proprietary
pre-existing Interview Creator
Materials, which become embedded in
such Bespoke Interview Creator
Materials.
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7f
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The
Client acknowledges that the Trade
Marks are the property of Brandon
Communications Ltd and use of the
Trade Marks by the Client will at all
times be in keeping with and will seek
to maintain their distinctiveness and
reputation as determined by Brandon
Communications Ltd. The Client will
not use the Trade Marks in any way
that would bring the reputation of
Brandon Communications Ltd into
disrepute.
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8.
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General
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8a
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Clients
will not use Interview Creator
Materials in any way that might bring
the reputation of Brandon
Communications Ltd into disrepute. If
a Client does something to bring
Brandon Communications Ltd into
disrepute, Brandon Communications Ltd
reserves the right to withdraw Brandon
Communications Ltd Services and
Materials, terminate the annual
subscription Licence and repossess any
Interview Creator Materials previously
distributed.
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8b
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Brandon
Communications Ltd reserves the right
to waive a breach of these Conditions.
However, under no circumstances should
this be considered as a waiver of any
subsequent breach of the same or other
conditions.
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8c
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The
formation, evidence, construction,
performance, validity and all aspects
of this agreement shall be governed by
Irish law and the parties submit to
the exclusive jurisdiction of the
Irish Republic Courts.
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8d
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A
person who is not party to these Terms
& Conditions of Business shall
have no right under relevant national
or international law to enforce any of
these Conditions, so far as permitted
by law.
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8e
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These
Conditions shall not constitute or be
deemed to constitute a partnership,
joint venture or contract of
employment between the Client, any
Registered User and Brandon
Communications Ltd
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