Welcome to Firefish, a service of Firefish Software LTD. Firefish offers software and advice to help you grow your business through online recruitment.
These Terms are a legally binding contract between you and Firefish Software LTD, located at The Aquarium, Level 1 The Sinclair Building, 18-20 Eagle Street, Glasgow, G4 9XA. Firefish Software LTD provides the Services (as defined below) to you subject to and conditioned upon your acceptance of these Terms.
BY ACCESSING AND USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES OR THIS SITE AND EXIT NOW.
Firefish may update or change these Terms, including but not limited to the fees and charges associated with the use of the Services. If we do update or change these Terms, they will always be posted here first. The updated Terms will become effective and binding on the fifth business day after they are posted. We encourage you to review these Terms periodically.
Terms last updated: July 27th 2016
1. Description of the Services
Firefish provides users with access to software, services, tools, and resources, including without limitation firefishsoftware.com, Firefish as a hosted service, applicant tracking software, website content management software, social sharing tools, analytics tools, APIs, and other information, content, and services, which may be accessible through any medium or device now known or hereafter developed (the "Services"). The Services to which you have access depends on the subscription plan that you choose. Your Firefish subscription includes the features described on the Firefish Software LTD website for the product for which you subscribe. The Services that are available may change from time to time, and Firefish Software LTD may choose to discontinue some or all of the Services, at its discretion.
You understand and agree that the Services may include certain communications from Firefish Software LTD. or its agents or partners, such as service announcements and administrative messages. These communications are considered part of your Firefish subscription and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Firefish properties, shall be subject to these Terms.
2. Registration and Subscription
You can access the firefishsoftware.com website and other Firefish websites without registering, but you must register to gain access to many of the Services. Your use of the Services is governed by these Terms regardless of whether you have registered.
To register, you must provide Firefish Software LTD with information including your name, a valid mailing address, an email address, payment information, and other information specified in the registration form ("Registration Data"). By registering, and in consideration of the use of the Services, you represent and warrant that: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You authorize Firefish Software LTD to confirm the truthfulness and accuracy of the Registration Data.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if Firefish Software has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Firefish has the right to suspend or terminate your subscription and refuse any and all current or future use of the Services.
Membership in or use of the Services is void where prohibited. By using and/or viewing this site, you warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited by law from using the Services.
3. Payment and Termination
3.1 Payment - You may subscribe to be billed monthly or annually for user licences. Your subscription is billed on the date your Firefish logins are provided and will be billed successively either monthly or annually thereafter as per your subscription. Full payment of onboarding charges must be made prior to gaining access to the system unless agreed otherwise in writing. All payments are accepted through Credit Card (Visa or Mastercard) or by Direct Debit via Online Direct Debit provider GoCardless.
3.2 Duration - Your initial subscription to use Firefish initially lasts for twelve months from date we grant you access to the Service. The subscription is automatically renewed on successive billing dates. At any time you can request further users(s) to have access to your subscription and they will be billed pro rata from the date that user is subscribed to your next billing date, then monthly or annually in line with your subscription thereafter.
3.3 Notice & Cancellations - If you would like to cancel individual user(s) licenses you can do so by providing 30 day's notice. Monthly subscribers cannot be swapped to another user, to change users the original license must go into 30 day's notice and a new license be set up. Any final subscription fees will be charged on a pro-rata basis and calculated on a 30 day month. Annual subscribers can swap one user for another at any time, with no notice. If you would like to cancel all licenses and close your account, both monthly and annual subscribers must give 30 day’s notice. If you wish to move or receive a copy of your data, this must be made known when notice is given and be completed within 7 days of your end date, after which your data will be wiped from our system. Please note that no refund will be offered in respect of subscription fees already paid or invoiced for the term of the subscription. If you cancel your subscription, you will not have access to the Services after the effective date of your cancellation. Firefish Software LTD. may, in its sole discretion, delete all of your data, images, content, and information immediately upon the effective date of cancellation.
3.4 Fraudulent or Delinquent Payment - If you pay by fraudulent means, Firefish Software reserves the right to immediately and permanently terminate your access to the Service, with no liability to you and no obligation to return your data, and possibly seek criminal penalties. In the event that your account is delinquent, Firefish Software reserves the right to suspend your access to the Service, with no liability to you, until such amounts are paid in full. For credit card payments, an account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid 30 days following the billing cycle. You agree that Firefish Software may impose a charge to restore archived data from delinquent accounts. Unpaid charges (except those charges under reasonable and good faith dispute) are subject to interest rate of 8% per annum above the base rate of the Bank of England on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.
3.5 Bankruptcy or Insolvency - Firefish Software LTD will automatically and immediately end your subscription without refund if you become bankrupt or your business is not able to pay its debts, stops trading or becomes insolvent or, if we are notified that any finance arrangement you have made with another party in relation to the Service has ended for any reason other than the finance being paid in full.
4. Customer Support
Business Hours - The operating hours for support are Monday to Thursday 09:00 GMT to 17:30 GMT, Friday 09:00 GMT to 16:30 GMT, with the exception of Good Friday, Easter Monday, 25th December, 26th December, 1st January and 2nd January when the support desk will be closed.
Support Delivery - Support shall be provided through our online community, the Fish Tank, https://fishtank.firefishsoftware.com, and email email@example.com. It is our aim to resolve all support queries in line with the SLAs outlined in this document: http://blog.firefishsoftware.com/firefish-slas. Support is the service offered by us and comprises general advice on routine use of and ways of maximizing your benefit from Firefish. Firefish Support shall also compose advice on technical issues encountered during the implementation and administration of Firefish. For the avoidance of doubt, no on-site maintenance or consultancy support is provided unless separately agreed with us on terms and conditions specified by us. Support can only be provided to registered Firefish users.
Premium Support - Users using our premium support will have access to a dedicated account manager on 0141 648 8520.
5. Data, Backup, Storage, Passwords and Security
5.1 Ownership - You retain all right, title and interest to any and all information provided, inputted or uploaded to Firefish by you, candidates, employees, prospects, or by us on your behalf. Firefish has no right, title or interest in any personally identifiable information related to your candidates, or employees. Firefish Software shall retain all right, title and interest in and to Firefish, Services, the documentation for Firefish, and all modifications and/or enhancements to Firefish, regardless of the source of inspiration for any such enhancement or modification and regardless of whether you have provided input regarding such modifications and/or enhancements. You acknowledge that Firefish Software will retain all right, title and interest to transactional and performance data related to use of Firefish which Firefish Software may collect, use and disclose for its business purposes (including software use optimization and product marketing) provided that such use does not reveal your identity, any of your confidential information or any personally identifiable candidate information that belongs to you. Custom developed documents, designs, computer programs, computer documentation and other tangible materials authored or prepared for you by Firefish Software ("Deliverables") as required by a statement of work are hereby licensed, solely for your internal use, for the term of your subscription. Firefish Software retains ownership and may reuse any Deliverables, provided that such use does not reveal your identity or your confidential information.
5.2 Data Backup - Firefish Software shall use all reasonable efforts to protect your data behind a secure firewall system, to conduct daily data backups, and to store weekly full-system backup in a separate, fire-safe facility.
5.3 Passwords - You will choose or be given all applicable passwords to use in connection with the Service. You are responsible for maintaining the confidentiality of your passwords and account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by you). Furthermore, you are responsible for any and all activities that occur under your account (including, if applicable, the accounts of each user accessing the Service by means of an account established by you). Each password may be used by one individual named person only. Passwords may not be used concurrently or shared by more than one individual named person.
5.4 Security - You shall notify Firefish Software immediately of any unauthorized use of accounts (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by you) or any other breach of security. Firefish Software will not be liable for any loss or damage arising from your failure to comply with these requirements.
5.5 Storage Limits - Throughout Firefish there are numerous document libraries which can contain an unlimited number of files e.g. CV'S, ID's, references and company documents. Your overall storage limit varies depending on the number of users you have (500MB per user) however additional storage can be purchased for an additional fee as and when required.
5.6 Data Protection - Under the Data Protection Act 1998 (“the Act”) Firefish Software are deemed to be data processors and you are deemed to be data controller in respect of any “personal data” or “sensitive personal data”, (as these terms are defined the Act) (the “Data”) which are submitted, inputted or uploaded using the Services.
We hereby undertake to you that we will:
1. process the Data in compliance with the Act;
2. process the Data only for the purpose of providing you with the Services;
3. employ appropriate technical and organisational measures to keep the Data safe from unauthorised use or access, loss, destruction, theft or disclosure and take all reasonable steps to ensure that such technical and operational measures are complied with;
4. take all reasonable steps to ensure that access to the Data is limited to only those employees who require access to it for the purpose of carrying out the permitted processing and that such employees are reliable and aware of these undertakings;
6. Access to APIs
The Services may include access to application programming interfaces (APIs). You acknowledge and agree that Firefish LTD may, in its sole discretion, limit, throttle, suspend or terminate your access to or usage of APIs, or change any of the API specifications, protocols, or methods of access for any or no reason, and Firefish Software LTD will bear no liability for such decisions. It is solely your responsibility at all times to backup your data and to be prepared to manage your accounts and conduct your business without access to the APIs.
FIREFISH SOFTWARE LTD DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT ANY APIS WILL BE AVAILABLE WITHOUT INTERRUPTION OR WITHOUT BUGS.
7. Links To Third Party Sites
The Services may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for any form of transmission received from any Linked Site. The Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with its operators.
8. Customer Reference
You agree that we can use your company name and logo in connection with marketing and promoting the Services.
9. Limitations of Use
9.1 Restrictions - You shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of Firefish; modify, translate, or create derivative works based on Firefish or authorize any third party to do so; rent, lease, assign, or otherwise transfer rights to Firefish; use Firefish for timesharing or service bureau purposes or otherwise for the benefit of a third party; obfuscate, remove or alter any of the logos, trademarks, internet links, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in Firefish or the related documentation; or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. Because Firefish is proprietary, you agree not to publish or disclose to third parties any evaluation of Firefish without our prior written consent.
9.2 Prohibited Users - You agree to only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You agree to defend, indemnify and hold Firefish Software harmless against any claim or action that arises from your use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein.
9.3 Third Party Contractors - You may make the Service available for use by third-party contractors used by you solely to assist in your resource management efforts ("Third-Party Contractor"), within the limits of the usage rights and restrictions set forth in theseterms. You are responsible for the use of the Service by such Third-Party Contractors, including compliance with these terms to the same extent as if the Third-Party Contractor were your employee. You agree that any password provided to a Third-Party Contractor will be disabled immediately upon conclusion of such Third-Party Contractor's work for you.
9.4 Ethical Hacks - You shall not and shall not allow anyone working on your behalf to (i) perform any technical security integrity review, penetration test, load test, denial-of-service simulation or vulnerability scan without Firefish Software 's prior written consent, or (ii) attempt to access the data of another Firefish Software customer. You shall not and shall not allow anyone working on your behalf to use any software tool designed to automatically emulate the actions of a human user (such tools are commonly referred to as "Robots") in conjunction with the Firefish Software Service. Such programs are commonly used for the purpose of data entry, data loading, data migration, load testing, performance testing, performance monitoring, performance measuring and stress testing. If you or anyone working on your behalf uses a Robot, including those listed above or other similar programs, with the Firefish Software Service for the purposes listed above or any other purpose, it shall constitute a material breach of these terms. You shall indemnify and hold Firefish Software harmless without limitation from any damages, losses, claims, costs, expenses or liabilities arising from downtime, production incidents or other technical problems arising during a time period in which you are in breach of this provision or as a result of your breach of this provision, including without limitation, damages or credits to Firefish Software customers arising from downtime and costs, including third party costs, related to the correction of such downtimes, production incidents or other technical problems.
9.5 Anti-Spam - Firefish incorporates email marketing functionality. In using these features, you warrant that you are aware of and adhere to all applicable laws governing spam email. You may not use the Service for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such lists. You agree not to transmit, or permit your employees to transmit, through the Service any unlawful, harassing, libelous, abusive, threatening, vulgar, obscene or otherwise objectionable material of any kind. Firefish Software LTD may suspend or terminate your access to Services without notice if you are found to be using the Service in a way that breaks applicable law, regulation, or these terms.
Firefish Software represents, warrants, and covenants that the Firefish will perform substantially in accordance with any user instructions, manuals, or technical requirements documents that are generally provided by Firefish Software in connection with the Firefish services. In the event of a breach of the foregoing warrant, Firefish Software sole obligations, and your sole remedy, shall be, at Firefish Software option, to use commercially reasonable efforts to correct Firefish.
11. Disclaimer, Limitation of Liability and Infringement and Indemnity
11.1 Disclaimer - Except as provided in section 10, the Service is provided "as is" without warranty of any kind, and Firefish Software disclaims all warranties, either express or implied. Any material downloaded or otherwise obtained through use of the Service is at your own risk and you will be solely responsible for any damage to your computer system or network, or any loss of data that results from your use of the service.
N.B. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you.
FIREFISH SOFTWARE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11.2 Limitation of Liability - Each party's total liability with respect to these terms (including, but not limited to, liability arising out of the contract, tort, strict liability, and breach of warranty) will be limited to the fees paid by you to Firefish Software for the Service under these terms in the 12 months prior to the act of injury that gave rise to the liability.
Neither party shall be liable in any event for loss or inaccuracy of data, loss of profits or revenue, or indirect, special, incidental, or consequential damages (including, without limitation, the cost of any substitute procurement), whether or not foreseeable and even if the party has been advised of the possibility of such damages.
N.B. Certain jurisdictions do not allow the limitation of liability for incidental, consequential, or other types of damages, so certain exclusions set forth may not apply to you.
11.3 Infringement and Indemnity - Firefish Software shall, at its expense, defend or at its option, settle any claim, action or allegation brought against you that Firefish or any Deliverable infringes any valid copyright, patent, trade secret, or any other proprietary right of any third party and shall pay any final judgments awarded or settlements entered into; provided that you give prompt written notice to Firefish Software of any such claim, action or allegation of infringement and give Firefish Software the authority to proceed as contemplated herein.
Firefish Software will have the exclusive right to defend any such claim, action or allegation and make settlements thereof at its own discretion, and you may not settle or compromise such claim, action or allegation, except with prior written consent of Firefish Software. You shall assist and provide information as Firefish Software may reasonably require in settling or opposing such claims. In the event any infringement claim, action or allegation is brought or threatened, Firefish Software may, at its sole option and expense (i) procure for you the right to continue use of Firefish or infringing part thereof; or (b) modify or amend Firefish or infringing part thereof; or (c) replace Firefish or infringing part thereof with other software having substantially the same or better capabilities; or (d) terminate these terms and refund to you the prorated amount of the fees prepaid by you that were to apply to the remainder of the unexpired term, as calculated from the termination date through the remainder of the unexpired term.
The foregoing obligations will not apply to the extent the infringement arises as a result of (a) any use of Firefish in a manner other than as specified in these terms; (b) any use of Firefish in combination with other products, equipment, devices, software, systems or data not supplied by Firefish Software to the extent such claim is directed against such combination; or (c) any alteration, modification or customization of Firefish made by any party other than Firefish Software or the authorised Firefish Software representative if such infringement would not have occurred without such modification or combination. This section states the entire liability of Firefish Software with respect to infringement of any patent, copyright, trade secret or other intellectual property right.
The parties agree that any notices of a dispute or other communications addressed to us will be sent by certified or registered mail, return receipt requested to the contact address set forth on the contact page of the Services, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.