Talent Finder email campaign terms and conditions

UCAS Talent Finder is a matching service that enables you to put your apprenticeship opportunities in front of your ideal audience and discover potential candidates for these. You can create a talent pool using defined characteristics which meet your organisational needs and opportunities and then be matched with the candidates who fit these criteria.

All apprenticeship vacancies used in the Campaign must be advertised on UCAS Career Finder. 

1. Definitions

1.1 "Campaign" shall mean the talent finder matching service email campaign undertaken by UCAS Media for the Customer.

1.2 "Confidential information" means any information which has been designated as confidential by either party in writing or that ought to be considered as confidential (however it is conveyed or on whatever media it is stored) including information which relates to the business, affairs, properties, assets, trading practices, services, developments, trade secrets, intellectual property rights, know-how, personnel and all personal data and sensitive personal data within the meaning of the Data Protection Act 2018.

1.3 "Customer" shall mean the recipient of goods or services from UCAS Media.

1.4 "Intellectual Property" means patents, registered designs, trade marks and service marks (whether registered or not), domain names, copyright, database right, moral right, design right and all similar property rights including those subsisting (in any part of the world) in inventions, designs, drawings, computer programs, confidential information, business names, goodwill and in applications for protection of the above rights.

1.5 "UCAS Media" shall mean the supplier of the services.

1.6 Unless the context otherwise requires:

1.6.1 Reference to a gender will include references to the masculine, feminine and neuter genders. 

Reference to any enactment shall be deemed to include reference to such enactment as reenacted, amended, extended or replaced from time to time. 

2. Conditions

2.1 These conditions shall form the basis of the contract between the Customer and UCAS Media, notwithstanding anything to the contrary in the Customers standard conditions or in any purchase order or any other document issued or sent by the Customer.

2.2 These conditions shall apply except insofar as expressly agreed in writing by both parties. No servant or agent of the Customer has power to vary these conditions orally. If the Customer shall not previously have accepted these conditions, then acceptance of delivery by him shall constitute such acceptance.

2.3 These general conditions might be subject to such further special conditions as may be prescribed in writing by UCAS Media. In the event of any conflict, or apparent conflict, between the special conditions and the general conditions, the special conditions shall prevail.

2.4 No provision of the contract is intended to or will confer any benefit pursuant to the Contract (Rights of Third Parties) Act 1999 or be enforceable by any person who is not a party to this contract.

3. Prices

3.1 VAT (or any similar tax), where applicable, shall be identified as a separate item of account failing which the price shall be deemed to exclude VAT (or any similar tax).

4. Payment

4.1 The Customer shall pay for the services in accordance with order. 

4.2 UCAS Media shall be entitled to invoice the Customer as set out in the order or upon delivery of goods or services. The invoice shall specify if payment by the Customer is required in advance of the service, or strictly within 30 days from date of invoice.

4.3 If the Customer fails to pay UCAS Media within 30 days as outlined within Clause 4.2, UCAS Media will be entitled to charge interest on the invoiced amount. Interest to be dictated by 4% pa over the rate set by the Bank of England.

5. Guarantee

5.1 The Customer accepts that all services supplied by UCAS Media are supplied as is. UCAS Media do not warrant that they shall be fit for any particular purpose.

6. Cancellation policy

If the Customer cancels a campaign before the commencement date, UCAS Media will charge the following of the overall booked price, exclusive of VAT:

0-60 days - 100%

61-90 days - 50%

91-120 days - 15%

7. Supply of email content 

7.1 UCAS shall use the apprentice opportunity content supplied by the Customer on the talent finder employer form and shall confirm to the customer the date of the email campaign.

7.1.1 UCAS Media reserves the right to refuse to accept, or to request amendment of, any apprenticeship opportunity content without stating any reason beyond the fact that the content does not, in the sole opinion of UCAS Media, do not adhere to the specifications provided by UCAS Media to the Customer relating to the service being provided.

7.1.2 UCAS Media will not be liable for any cost incurred by the Customer for any content which is not used as a result of Clause 7.1.1.

7.2 The Customer guarantees to UCAS Media that:

7.2.1 The vacancy advertised in the Campaign is included in the UCAS Career Finder listings.

7.2.2 any information supplied in connection with the content is accurate, complete, true and not meant to mislead;

7.2.3 it has obtained the consent of any individual whose name or image (in whole or in part) is used in an advertisement to such use;

7.2.4 the content will not damage, demean or otherwise diminish the image or reputation of UCAS Media or the Website, and will not include anything with UCAS Media reasonably considers to be offensive;

7.2.5 the content complies with the provisions of any applicable law, regulation or codes of practice in operation and with the guidance of any relevant regulatory authority, are not libellous or obscene and do not infringe the rights of any person (including intellectual property rights);

7.2.6 content and materials submitted for publication online will be free of any viruses, adware, malware, or any other form of code created with malicious intent adversely to effect the operation of the Website(s).

7.3 Where the Customer is not the owner, producer, or employer included in the content, the Customer guarantees that it is authorised by the owner or producer or employer of the content to place the Campaign and the Customer will indemnify and hold harmless UCAS Media in the event any claim is brought by such product owner or producer or employer against UCAS Media.

7.4 If the delivery of any content required by the Customer is delayed or suspended in any event UCAS Media reserve the right to charge, the minimum fee set out in the Order, or in-full or in-part, for all services which would have been provided to the Customer.

8. Data Collecting

8.1 The Customer shall not use data collecting technology without UCAS Media’s written authorisation and agrees to use such data collecting technology and all data collected from it solely in the manner authorised by UCAS Media.

8.2 Any data collected by the Customer through such data collecting technology will be confidential information owned by UCAS Media and will not be disclosed by the Customer without the prior approval of UCAS Media. In no event shall Customer use such data collecting technology or the data collected for the purpose of tracking or targeting users when they leave the UCAS website or combine such data with information from other sources, without UCAS Media’s approval. The Customer shall comply with UCAS Media’s privacy policy and all applicable laws and regulations with respect to data collection. The Customer shall delete all data collected from its servers within a reasonable period and if and as required by UCAS Media and/or authorised legal or regulatory authorities.

9. Confidentiality

9.1 Subject to clause 13 below both parties (and its staff, agents or sub-contractors) to the contract undertake, except as provided below, to treat as confidential and keep secret all information marked 'confidential' or which may reasonably be supposed to be confidential with the same degree of care that it employs with regard to its own confidential information of a like nature and in any event in accordance with best current commercial security practices. Such confidential information shall not be disclosed by the receiving party to others for any purpose without the prior written consent of the disclosing party.

9.2 The provisions in Clause 9.1 shall not extend to any confidential information which:

9.2.1 Is in or becomes a part of the public domain (otherwise than by breach of this contract);

9.2.2 Was in the lawful possession of the receiving party prior to the disclosure under this contract and was not unlawfully obtained directly and indirectly, or

9.2.3 Is required to be disclosed by law.

9.3 Nothing in this condition shall prevent either party to the contract from using any techniques, ideas or know-how gained during the performance of the contract in the furtherance of its business, to the extent that this does not result in a disclosure or use of Confidential Information or an infringement of intellectual property rights or in any way constitute a breach of this contract.

10. Data protection

10.1 Any collection or processing of data, by both parties, shall be in accordance with the Data Protection Act, 2018. To the extent that the contract requires the processing of personal data, a separate schedule shall be drawn up:

10.1.1 Identifying any personal data likely to be processed in the course of the contract;

10.1.2 Limiting the purposes for which the personal data may be used;

10.1.3 Specifying how instructions for the processing of data will be authorised and transmitted;

10.1.4 Setting out security arrangements for the handling of personal data by UCAS Media and its transmission between UCAS Media and the Customer.

10.2 Both parties shall take reasonable steps to ensure the reliability of its own employees who have access to the personal data.

11. Intellectual property rights

11.1 Where the manufacture of goods or provision of services include the creation or development of intellectual property rights by UCAS Media for the Customer, all such intellectual property rights shall remain with UCAS Media, unless agreed in writing by both parties.

11.2 UCAS Media warrants that the manufacture of the goods or the provision of know-how to the Customer under the Agreement does not infringe the Intellectual property rights of any third party and that UCAS Media shall ensure that it has the right to provide such know-how and is not disclosing the same in breach of confidence.

11.3 With reference to Clause all intellectual property rights belongs to the customer.

12. Termination

12.1 If either party shall be in material breach or non-observance of any of his obligations under the contract, the non-offending party shall be entitled to give the offending part notice in writing to forthwith remedy such breach or non-observance.

12.2 If the offending shall fail to comply with such notice within 30 calendar days of its receipt the non-offending party shall be entitled forthwith to give written notice terminating the contract with immediate effect.

12.3 If either party shall become bankrupt or insolvent, or have a receiving order made against him, or compound with his creditors, or, being a corporation, commence to be wound up, not being a member's voluntary winding up for the purpose reconstruction or amalgamation, or carry on its business under a receiver for the benefit of its creditors or any of them, then either party shall be at liberty either:

12.3.1 to terminate the contract forthwith by notice in writing to the other party, or to the receiver or liquidator, or to any person in whom the contract may become vested; or

12.3.2 to give such receiver, liquidator or other person the option of carrying out the contract subject to his providing a guarantee for the due and faithful performance of the contract.

13. Marketing activity

13.1  The Customer gives UCAS Media permission to use the information it has provided in UCAS Media’s marketing activity to promote UCAS Media and its products and services. 

13.2  This may include the naming of the Customer’s organisation, quotes from their representatives or the use of content/results about their campaigns in the following ways:

13.2.1 Printed or online marketing collateral – e.g. brochures / product information

13.2.1  Paid for, or organic social media campaigns on Twitter or LinkedIn

13.2.3  Content on the UCAS Media website

13.2.4  Proactive press releases / thought leadership articles placed within key sector or national publications

13.2.5  Presentations delivered to the sector and prospective clients demonstrating products and services.

13.3  If UCAS Media does intend to use information in this way the Customer’s client partner will ensure that the Customer is notified and has the right to reject this, but UCAS Media will not seek further approval.

14. Indemnity

14.1 Both parties shall keep the other party fully and effectively indemnified against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid as a result of or in connection with any claims for infringement of any intellectual property rights by reason of the use or sale of the goods supplied or services provided and against all costs and damages which either party may incur in any action for such infringement or for which either party may become liable in such action.

15. Limitation of liability

15.1 Nothing in these conditions shall exclude or restrict the liability of either party to the other for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any breach of any obligations implied by Section 12 of the Sale of Goods Act, 1979 or Section 2 of the Supply of Goods and Services Act, 1982.

15.2 Subject to Clause 15.1:

15.2.1 The liability of UCAS Media shall in no event exceed the value of the contract.

15.2.2 In no event shall either party be liable to the other for any indirect or consequential loss or whether for loss of profits, loss of business, revenue, depletion of goodwill or anticipated savings, howsoever caused, whether or not such losses were foreseeable at the time of entering into this contract. For the purposes of this Clause, the term 'loss' includes a partial loss or reduction in value as well as a complete or total loss.

15.2.3 UCAS Media will not be liable for any unforeseen rendering of electronic or printed materials which results in electronic or printed materials provided by the Customer to appear not as originally intended by the Customer.

15.2.4 UCAS Media will not be liable for the performance of a campaign.

16. Force majeure

16.1 If the delivery of the contract by UCAS Media is delayed or prevented because of circumstances beyond the control of UCAS Media the contract shall be suspended.

16.2 If the goods or services cannot be delivered within a reasonable time after the due date, the contract may be terminated by either party by giving a notice in writing to the other party.

17. Law

17.1 This contract and all matters arising from it and any arbitration proceedings shall be governed by and construed in accordance with English law.

17.2 All disputes between the parties shall be resolved by arbitration by an arbitrator to be agreed by the parties, or, in default of agreement, to be appointed by the President of the Chartered Institute of Arbitrators.

17.3 If any of the provisions in the above conditions is held to be unlawful, void or unenforceable, in whole or in part, by any competent authority, the provision shall, to the extent required, be severed from the contract and rendered ineffective as far as possible without modifying the remaining provisions of this Contract, and shall not in any way affect in any other circumstances of or the validity or enforcement of this Contract.