In these Terms & Conditions of Business ("Conditions"):

1. "Brandon Communications Ltd" means The Brandon Communications Ltd, whose registered address is at Brandon Rd, Dublin, Ireland and whose Registered Number is 415100;

2. "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;
   
   

3. " 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.

4. "Client" means the company, business, individual or any other person (legal or natural) purchasing or using Interview Creator Materials;

5. "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;

6. "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;

1

The headings in these Conditions are for convenience only and shall not affect their interpretation.

1a

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.

1b.

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.

1c

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.

2.

Conditions of Supply/Use of Materials

2a

These conditions apply to all sales and supply of Interview Creator Materials to the exclusion of all others.

2b

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.

2c

Registered Users shall inform Brandon Communications Ltd of any change of relevant information, including but not restricted to change of employer.

2d

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.

2e

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.

2f

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.

2g

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.

2h

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.

3.

Obtaining Interview Creator Materials

3a

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.

3b

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.

3c

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.

4.

Payment Terms and Price

4a

Brandon Communications Ltd accepts payment via its authorized payment providers but also in dollars or Euro Checks.

4b

In respect of Interview Creator Materials:

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.

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.

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.

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.

5.

Liability

5a

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:

Any breach of these Conditions; and

Any representation, statement or tortious act or omission including negligence arising under or in connection with the Conditions.

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.

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.

THE CLIENT'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITION 5b and 5c

5b

Subject to conditions 5a

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

c

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.

d

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.

6.

Data Protection and Confidentiality

6a

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.

6b

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.

7.

Intellectual Property Rights

7a

The Client acknowledges that Brandon Communications Ltd Intellectual Property is the sole property of Brandon Communications Ltd

7b

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.

7c

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.

7d

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.

7e

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.
 

7f

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.

8.

General

8a

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.

8b

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.

8c

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.

8d

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.

8e

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