Version 1 - 27th July 2006

1. All services are supplied by Conkers.net subject to and upon the following Terms and Conditions No additions or variations shall apply unless specifically agreed in writing between the parties.

2. The following expressions shall hereafter have the meanings:

(a) 'Service agreement' means the Service agreement attached

(b) 'Services' means those services described in clause 3 of these Terms and Conditions and in the 'About Conkers' section of the Website

(c) 'System' means the Website and all technical infrastructure relating thereto

(d) 'Website' means the URL www.conkers.net on which the Services are provided.

3.1 The Services provided by Conkers.net are the use of custom-built distribution software, enabling job posting to one or more online Job Boards selected by the Client

3.2 Where the Job Board is free, the Client may subscribe directly However, where the Job Board charges its own fee, the Client is responsible for arranging and maintaining access to the Job Board. The Client acknowledges that Conkers.net is not responsible for the establishment or maintenance of any account held with a third- party Job Board supplier. Neither is Conkers.net responsible for the supply of service by the third-party Job Board supplier to the Client.

3.3 Conkers.net will not be liable for compensation for any miss-postings, errors of data entry, duplicate entries or errors made by the client. Claims for such compensations should be made directly with the Job Board(s) concerned.

4. The Client is required to pay Conkers.net an annual subscription fee for use of the Services The period covered by the subscription is described in the Service agreement.

5.1 In consideration of the undertakings given by the Client, Conkers.net will provide to the Client the Services

5.2 Conkers.net cannot guarantee to provide the Services continuously and without interruptions and faults, and may also have to temporarily suspend availability of the Services in order to upgrade, repair or maintain any aspects of the technological infrastructure of the Services. Conkers.net will use all possible endeavours to carry out any such repair or maintenance work so as to cause minimum disruption of the Services.

6. By registering the Client's details on the Website, the Client is giving its explicit consent to Conkers.net holding data which the Client provides to Conkers.net including any sensitive personal data as defined in the Data Protection Act 1998.

7.1 The Client warrants, represents and undertakes to Conkers.net that:>

a) All material displayed or transmitted by the Client on the Website shall not be false, offensive, defamatory, threatening, obscene, unlawful or breach or infringe the rights of any person anywhere in the world (including without limitation any intellectual property rights);

b) The Client will not use the Services in such away that disrupts, interferes with or restricts the use of the Services including without prejudice to the generality of the foregoing sending unsolicited e-mails to any e-mail address published on the Website;

c) The Client will not reverse engineer, decompile, copy or adapt any software or other code or scripts relating to the System or post or transmit any information that contains a virus, worm, Trojan horse or other harmful or disruptive component;

d) The Client will hereby indemnify Conkers.net against any costs, expenses, liabilities and claims by any third party in respect of misuse of information or data obtained by use of the System;

e) The Client will not remove in whole or in part any trademarks, copyright and other proprietary notices contained in or appearing on any material the Client downloads and/or prints from the System

7.2 The Client recognises that the Internet is accessible to anyone with appropriate technical capability and as such it is impossible to protect totally against the abuse of the System by third parties, including the introduction of a virus on to the System The Client acknowledges that it is its responsibility to satisfy itself that its own information technology is protected against computer viruses

7.3 The Client acknowledges that advertisements and information posted on the Website by Clients are not the responsibility of Conkers.net nor does such material reflect Conkers.net's opinions or those of Conkers.net's directors, officers, employees and agents.

7.4 The Client acknowledges that Conkers.net has no control over the quality; truth or accuracy of information received by the Client by using the Website The Client acknowledges that any reliance on any information or other material posted on the Website is entirely at its own risk.

8.1 Conkers.net reserves the right, but does not assume the obligation, to inspect the content of any job posting and all other material or information posted by the Client.

8.2 Conkers.net owns or is licensed to use all copyright, database rights and all other intellectual property rights in and to the System, including the search engine software, the structure, design and layout of the System, all graphics, the name Conkers.net and the Conkers logo. The Client is entitled to access and use the contents of the Website in accordance with the express terms of this Agreement only Any other use of the materials available on or forming part of the System is subject to obtaining the prior written consent of Conkers.net.

8.3 Conkers.net is entitled to make changes to the Services, which are necessary to comply with any applicable security or other legislative or regulatory requirements.

9.1 Conkers.net will use all its endeavours to maintain and provide the Services in accordance with these Terms and Conditions. However, the Client acknowledges that Conkers.net will not be liable for any failure on its part to fulfil its obligations to the Client where such failure is due to circumstances beyond the control of Conkers.net.

9.2 Except as expressly set out in clause 9.1 all warranties, undertakings, conditions and terms, express or implied, whether by common law, statute, custom, trade usage, course of dealings or otherwise (including without limitation as to quality, fitness for purpose, performance or suitability of purpose) in respect of the Services are hereby excluded to the fullest extent permitted by law.

10.1. Conkers.net will not be liable (whether in contract or tort) for:

10.1.1. any mistakes or errors whatsoever that arise during the course of publication of any advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Client;

10.1.2. any loss of profit, loss of revenue or contracts or any indirect, special, economic or consequential loss (whether caused by the negligence of Conkers.net, its employees or agents);

10.1.3. any delay, costs, expense, loss (including loss of profit), damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of Conkers.net or as a result of the acts or omissions of the Client;

10.2. In no event shall Conkers.net's liability to the Client under or in relation to the Contract (whether in contract or tort) exceed the amount of the fees paid to Conkers.net.

10.3. Nothing in this Contract will restrict or exclude Conkers.net's liability for death or personal injury caused by its own negligence.

10.4. The Client agrees and acknowledges that save as expressly provided in the Contract no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of Conkers.net in respect of or in connection with the Services or the Contract and accordingly the Client confirms that it has not, in entering into the Contract, relied on any condition, warranty or representation by Conkers.net or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services or the Contract. The benefit of any such condition, warranty or representation by Conkers.net is hereby irrevocably and unconditionally waived by the Client

11.1 The expiry or termination of these Terms and Conditions shall be without prejudice to any other rights or remedies which either party may be entitled to there under or at law and shall not affect any rights or liabilities which may have already accrued to either of the parties under this Agreement.

11.2 In the event of changes to the law, government legislation or new software developments, the company reserves the right to amend or change the terms and conditions upon 14 days written notice of such changes.

11.3 In the event of the Client breaking any one of the above Terms Conkers.net will forthwith be entitled (without prejudice to any other remedy) to cancel this Contract or to suspend its performance hereof at its absolute discretion.