Terms and Conditions - Candidates Terms and Conditions - Employers TERMS AND CONDITIONS FOR CANDIDATES TERMS OF USE The Company ("The Recruiter.co.uk Limited") requests that you ("the user") please read these terms and conditions carefully as by making use of this Company (Company Number 05650444 ) website ('the Site'), you will be deemed to have agreed to abide by them. The Company may change these terms and conditions from time to time and by continuing to make use of the Site you will be deemed to have accepted and agreed to be bound by the changes. The copyright and other rights in the Site and its content belong to the Company. Modifications to the content of the site are prohibited. The Site is not intended to be used by individuals in countries other than the United Kingdom and no representation or warranty is made as to whether the information on the Site complies with the regulatory regimes of other countries. If you are based outside the United Kingdom and would like to register with us, please email us at sdickens@therecruiter.co.uk or cdesoysa@therecruiter.co.uk. The Company is responsible for the Site and shall consistently endeavour to both maintain and improve the Site. The Company shall not be party to any exchange of emails or any telephone conversations or meetings between you and the Employer. You shall acknowledge that the Company?s sole obligation is to work as a facilitator of introductions between you and the Employer. USE OF THE SITE The Site is intended to foremost act as a facilitator of introductions between you and the Employer. Following these introductions, facilitated by the Company, it shall be up to you and the Employer to agree how to continue the relationship. The Company requests that you act in good faith and shall agree to keep all confidential information disclosed to you, by the employer, strictly confidential. The Company can at any point contact you via your e-mail or contact phone number for any reason, provided it is an act which relates to the Company. The Company, to avoid any abuse to the Site, may contact you at any time to confirm your identity, address and contact details. The Company may also, at any time, request the details of your current employment status and the address and contact details of your current employer (if applicable). A failure to disclose any information requested within 14 days and without reasonable cause shall permit the Company to consider the termination of this Agreement. The Company requests that you supply the Company with accurate information which is posted on the Site and that you are not in breach of this Agreement. The Company maintains a right to permit the termination of this Agreement if it is found that any information, disclosed by you, is deemed not to be accurate. DISCLOSURE AND COLLECTION OF INFORMATION It is agreed that you confirm that when you post any information on the Site you shall comply with any relevant guidelines. You agree that any details submitted by you for application via the Site may be read by any visitor to the Site and that anything posted by you shall remain on the Site until you either request its removal or it is removed by the Company. The Company may at any time contact you through e-mail, telephone or post to acquire feedback regarding the Site and the services provided. RESTRICTIONS It is acknowledged that you shall not make any material misrepresentations or inaccuracies in respect of any information posted by you on the Site. You shall not obtain the details of any employer if you have no intention of obtaining a position with that employer. It is agreed that you shall not use the Site for the purpose of building up a database of potential employers or to exploit any other commercial purpose. If this is breached the Agreement will be terminated and the Company will take the necessary steps, legally, to resolve this dispute. PROHIBITED USERS It is required that you acknowledge that it is a strict requirement of entering this agreement that you shall not be involved or connected with any other recruitment service companies or any kind of unlawful activity. Any breach of these terms shall entitle the Company to terminate this Agreement. OUR LIABILITY The Site and the services and facilities the Company offers are provided without any warranty of any kind. TERMINATION The Company may terminate this Agreement at any time with 7 days notice. The Company has the right to terminate this Agreement with immediate effect if the terms and conditions set out are violated. This Agreement may be terminated by you provided you give the Company 7 days written notice. TERMS AND CONDITIONS FOR EMPLOYERS DEFINITION OF TERMS USED Advertisement means any vacancy or recruitment, Advertisement including Lineage Advertisements, Semi-Display Advertisements, Display Advertisements, Sponsorship Banners, Channel Sponsorship or any other Advertisement that shall appear on the Company?s Site. Candidate means a person who uses the Company?s Site for the purpose of finding employment. Client means any person using the Company?s Site and purchasing the Company?s Services. Clients may also include Employers, Recruitment and Advertising agencies. Clients may also include without limitation Candidates who have purchased the Company?s Services. Company means "The Recruiter.co.uk Limited" (Company number: 05650444). Confidential Information means all secret or confidential commercial, financial and technical information, know how, trade secrets, inventions, computer software and other information whatsoever and in whatever form or medium and whether disclosed orally or in writing, together with all reproductions in whatsoever form or medium and any part or parts of it. Contract means the agreement made between the Company and the Client for the supply of Services which is subject to these Terms and Conditions. CV means the curriculum vitae provided to the Company by the Candidate for distribution to Clients for the purpose of securing employment. CV Services means one of the Services provided by the Company whereby a Client can search for and view CV?s online. Fees means the fees and charges payable by the Client to the Company as specified in the Service Agreement. Employer Question Form means a webpage on the Company?s Site that uses a template containing questions supplied by the Client. The Candidate is invited to complete this by the Client. Intellectual Property means all inventions, patents, trade marks, registered designs, and any pending applications therefore, unregistered design rights arising at common law, design rights, copyrights [including future copyrights], database rights, know how, trade secrets, Confidential Information and other intellectual property rights whatsoever. Lineage Advertisement means an Advertisement which contains only text. Quota means the allocation of the Service purchased. Semi-Display Advertisement means an Advertisement that uses a Semi-Display and inserted text. This may be used to advertise a single vacancy. Service Agreement means the Contract entered between the Client and the Company [see above] Services means the Services provided by the Company for the Client. The Company provides the Service of acting as a facilitator of introductions between the Client and the Candidate. Site means the Company?s Website. Word and Location Sponsorship means a Service whereby the Client can sponsor a word or location on the Site. User means the party accessing the Company?s Site, those being the Client, Candidate or Recruiter. TERMS OF USE The Company requests that the User please reads these Terms and Conditions carefully as by making use of the Company?s Site you will be deemed to have agreed to abide by them. The Company may change these Terms and Conditions from time to time and by continuing to make use of the Site you will be deemed to have accepted and agreed to be bound by such changes. The Intellectual Property rights subsisting in the Site and its content belong to the Company. Modifications to the content of the Site are strictly prohibited. The Site is not intended to be used by companies in countries other than the United Kingdom and no representation or warranty is made as to whether the information on the Site complies with the regulatory regimes of other countries. If you are based outside the United Kingdom and would like to register with us, please email us at sdickens@therecruiter.co.uk or cdesoysa@therecruiter.co.uk USE OF THE SITE The Company is responsible for the Site and endeavours to both consistently maintain and improve the Site. The Company shall not be party to any exchange of emails or any telephone conversations or meetings between the Client and the Candidate. The Client acknowledges that the Company?s sole obligation is to work as a facilitator of introductions between the Client and the Candidate. Following such introductions, it shall be up to the Client and the Candidate to agree how to continue the relationship. The Company requests that the Client acts in good faith and the Client shall ensure to keep all Confidential Information disclosed by the Candidate strictly confidential. For security reasons, the Company may contact you at any time to confirm your identity, address and contact details. The Company may also need to contact you for other reasons related to the Service Agreement between the Company and the Client. The Company reserves the right, without giving any reasons, to decline, cancel or remove any Advertisement or provision of Services for any reason at any time without prior notice. You agree to provide, in such a format that the Company requests, any information, design work, artwork and logos necessary to enable the Company to provide the Services requested. The Company shall not be obliged to provide those requested Services until the Client has supplied it with the information, design work, artwork and logos necessary to provide those Services. Advertisements will become live on the Site upon the Client?s approval. A Client must provide proof in writing, if they request this Service. The Client may remove an Advertisement from the Site before the Advertisement has reached its expiry date, but shall not be entitled to a refund for the time not used unless agreed with the Company. The Client may extend the term of an Advertisement provided they have purchased a sufficient quota of the relevant Service. This quota of Service can be purchased through the Site or direct through the Company?s team. If any Quota of Services, which are to be used within the period of time specified in the Service Agreement, are not used within that period of time, then in each case the Client shall be fully responsible for the full payment invoiced as if the Services had been properly and fully provided and the Company shall not be liable for any unused Services and such Services may not be carried over to any subsequent period. An Advertisement or Service which indicates, or can reasonably be understood as indicating, an intention to discriminate on the grounds of sex, race, disability, sexual orientation, religion or religious belief and/or age will not be accepted under any circumstances. The Company shall use reasonable endeavours to publish the Advertisement and/or provide the Services on the agreed date. The Company however, does not accept liability for any situations howsoever arising, due to error or delay in provision of the Services and has the right at its sole discretion to decline, publish or omit, suspend or change the position of any Advertisement accepted by it. The Client is not permitted to provide a link from the Client?s [or End Client?s] website in any Advertisement placed without the Company?s prior consent. The Company may, at its sole discretion and without prior notice, report any Advertisement or Service used to the relevant authorities which in the opinion of the Company is being used for an improper or illegal purpose by a Client. These authorities include the Department of Employment, the Office of the Information Commissioner and the Recruitment and Employment Confederation. It is also agreed that the Company, in order to protect the interests of its Clients, Recruiters and/or other Users of the Site, may disclose information about the Client to any third party in order to provide you with an improved Service. LINEAGE ADVERTISEMENTS AND SEMI-DISPLAY ADVERTISEMENTS The following section applies to all Clients whose Service Agreement includes the use of Lineage Advertisements or Semi-Display Advertisements. All Lineage Advertisements and Semi-Display Advertisements are to be submitted only in the form requested by the Company. All Lineage Advertisements and Semi-Display Advertisements are to be entered online by the Client, submitted in the required template set by the Company or as otherwise agreed by the Company in writing. The Lineage Advertisements and Semi-Display Advertisements will be sent out to all relevant Candidates for the period of time stated in the Service Agreement. Any Lineage Advertisement or Semi-Display Advertisement may be removed at any time by the Client although the Client shall be fully responsible for the full payment invoiced as if the Services had been properly and fully provided. LIABILITY AND INDEMNITY The Company agrees that the Lineage Advertisements and Semi-Display Advertisements can be modified by the Client, within 12 hours of submission to the site but thereafter cannot be modified in anyway whatsoever unless prior written agreement has been made with the Company. The Lineage Advertisements and Semi-Display Advertisements may not contain a link to the Client?s website. The Lineage Advertisements and Semi-Display Advertisements may only contain information describing the business, the services the business offers and the vacancy details for which the Candidate can view. The Lineage Advertisement and Semi-Display Advertisement shall contain the details of the vacancy. These details shall accurately describe the vacancy and what the Client will offer the Candidate. The Company can at any point edit, remove or refuse to publish any Lineage Advertisement or Semi-Display Advertisement which the Company deems to be inappropriate. DISPLAY ADVERTISEMENTS It is acknowledged that the Display Advertisements can be modified by the Client. The Company will make modifications to any Display Advertisements as are reasonably requested by the Client. Display Advertisements will remain live for the time period requested and accordingly purchased by the Client (according to the on-site price list or as agreed with the Company). It is acknowledged that a Display Advertisement shall contain the details of the Client and/or its /business and the vacancy posted. The Company, upon a written request submitted by the Client, can convert each vacancy described in a single Display Advertisement to a Lineage Advertisement. If an extra fee is incurred the Client will be contacted by the Company?s team upon submission of the written request. The Display Advertisements may not contain a link to the Client?s website. WORD AND LOCATION SPONSORSHIP BANNERS It is acknowledged that Word and Location Sponsorship Banners cannot be linked to the Client?s website. Word and Location Sponsorship Banners will be static banners. Animated banners may only be used by express permission of the Company for which a separate fee is payable. Word and Location Sponsorship Banners will be live for the period of time purchased by the Client. Word and Location Sponsorship Banners will be displayed on a rotational basis and no guarantee is made by the Company on the number of times on which they will be displayed and the Client accepts that no obligations are imposed upon the Company in this respect whatsoever. CV SERVICES It is acknowledged that the provision of this Service is strictly subject to instructions from the Candidate that his/her details should or should not be made available to the Client. In the event that the Company believes or suspects that its CV Services are being abused by the Client, in terms of these Services being used for purposes other than intending to supply employment for the Candidate, the Company reserves the right to immediately suspend or terminate the Services or the Clients rights to the services. It is acknowledged and accepted by the Client that the Company cannot guarantee that a minimum number of CV?s will be available on any given day. EMPLOYER QUESTION FORM If the Services include the completion of Employer Question Forms by or on behalf of the Client, the Client should ensure that the Question Forms to be completed are not threatening, defamatory, ethically or otherwise objectionable, discriminatory, offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material. The Question Forms should not be designed or likely to cause annoyance, inconvenience, offence, unwanted attention or needless anxiety to any other person. The Client should ensure that the Question Forms do not infringe the rights of another person. The Question Forms are live on the site for the period of time purchased by the Client. OBLIGATIONS OF THE COMPANY The Company will use reasonable endeavours to provide the Candidate with the facility of viewing the Client?s Advertisements on the Site and to provide the Services to the Client. However, the Client accepts that the Company cannot guarantee the number of occasions on which an individual Advertisement appears on the Site and that no obligations are imposed on the Company in this respect. OBLIGATIONS OF THE CLIENT (compliance with law, no discrimination, right to report to relevant authorities etc) The Client agrees to use all necessary precautions to deny any unauthorised persons access to the Site. This includes denying unauthorised persons the use of user names and passwords. The Client shall comply with the Data Protection Act 1998 and all relevant legislation with regard to any Candidate information received by them. The Client agrees to keep such/all information confidential. The Client agrees and warrants that the publication/reproduction of an Advertisement by the Company as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person. The Client agrees not to render the Company liable for any proceedings, legal or otherwise, whatsoever and the Client shall indemnify the Company against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by the Company as a result of this undertaking and this warranty being incorrect. The Client agrees and warrants that any information submitted by the Client to the Company is accurate, complete and true. The Client agrees and warrants that in respect of using pictorial Advertisements, which contains the name/pictorial representation (photographic/otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, the Client has obtained the agreement of such living person to make use of such name, representation and/or copy. The Client agrees and warrants that each Advertisement submitted is legal, decent, honest and truthful and complies with all laws, rules, regulations, and codes relating to advertising. The Client agrees and warrants that Advertisements do not contain any detail or imagery which is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material. The Client must ensure that Advertisement are not in any way threatening, discriminatory, defamatory, ethically or otherwise objectionable. The Advertisement(s) should not be designed to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person. The Client shall ensure that the Advertisement(s) do not infringe the rights of another person and are not designed to cause disruption to any computer system or network. The Client must ensure that the Advertisement(s) are not illegal or likely to induce an illegal act. The Client is fully responsible for ensuring that the Advertisement(s) is not in any way illegal and the Client must ensure that the Advertisements comply with all relevant industry codes of practice. The Client acknowledges that it is not vested with any proprietary rights in respect of the Site, or any CV or other information submitted by the Candidate. The Client may obtain from the Candidate, as much information about the Candidate?s qualifications and experience, as is necessary for determining whether the Candidate is suitable for employment, and shall ascertain that the Candidate has such qualifications as are required by law. No warranties are given by the Company that the information supplied by the Candidate is accurate and the Client should rely on his own enquiries. The Client shall ensure that the Candidate is fully aware of any conditions imposed by law, which must be satisfied by the Candidate and that any resulting employment there from shall be legal. The Client agrees to view and use all CVs supplied for the full purpose of providing or locating suitable employment on behalf of the Candidates. The Client shall obtain the full consent of a Candidate prior to submitting his/her CV to another person. The Client agrees not to submit, copy, supply, re-sell, distribute or make available in any way any CV?s or any other information, received by the Company, to any person other than to its genuine Clients who intend to recruit such Candidates for their own employment. RATES The rates shall be those as agreed between the Company and the Client in the Service Agreement. PAYMENT Services will be paid for in accordance with the payment terms specified in the Service Agreement. The Company will provide invoices to the Client in accordance to the terms in the Service Agreement. All items on the invoice are deemed to be payable and all omissions or errors must be communicated to the Company in order to be rectified before payment becomes due. Payment for Services will be made whether or not the Client provided the Company with an official order number at the time of entering into the Service Agreement. All sums due, in respect of the Fees, are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable where appropriate at the rate prevailing at the relevant tax point. LIABILITY The Company does not in any way verify or guarantee any Candidates details whether forwarded through the Company or not. It is acknowledged that the Company does not accept responsibility for the suitability of Candidates who respond to Advertisements or any of the Services. It is agreed that the Client shall satisfy itself as to the suitability of any Candidate and shall take up any reference provided by the Candidate before engaging any such Candidate. It is acknowledged that the Company makes no guarantee that this Site (or any website that is, or may become linked to this website) is free from computer viruses, or any other malicious or impairing computer programming/or that the Site shall operate uninterrupted and error-free. It is acknowledged that the Company does not in any way accept liability, of any description, howsoever arising, for any loss or damage caused to any Client, or any third party, arising from any virus or other impairing computer programmer contained in any CV submitted by the Candidate. It is acknowledged that the Company does not accept liability for any loss of artwork, photographs, data or other materials that the Client supplies to the Company. The Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it requires. It is agreed that the Company is not held responsible for any mistakes or errors whatsoever, that arise during the course of publication of any Advertisement. The Company is not responsible for any loss of information or data or any damage that is caused as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Client. DIRECT LOSS The Company shall not be liable to the Client in contract tort (including without limitation negligence) for any loss or damage which the Client may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the Services by the Company its servants or agents, in a sum which is greater than the Fees. INDIRECT LOSS The Company shall not be liable to the Client in contract tort (including without limitation negligence) for any loss of profits and/or loss of production or any indirect or consequential (including economic) loss of any kind which the Client may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the Services by the Company, its servants or agents. INDEMNITY It is agreed that the Client indemnifies the Company and keeps the Company indemnified in respect of, but not limited to, all damages, costs or liabilities that the Company may incur arising from an Advertisement or use of any Service, and in particular resulting from the publication of any defamatory statement, breach of copyright, any claims made by any person in respect of race, religion or religious belief, age, sex or sexual orientation, and/or disability discrimination and any breach by the Client of any warranty given hereunder. The Client agrees to indemnify the Company against all claims made by any third parties in respect of the misuse of data supplied by the Client. DISCLAIMER It is acknowledged that the Company disclaims all warranties, express or implied by law of statute, in relation to, but not limited, to the Site. GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be exclusively governed by, and construed in accordance with, the laws of England and Wales and each party irrevocably submits to the exclusive jurisdiction of the English courts. MISCELLANEOUS The signing of a Service Agreement for provision of Services amounts to an acceptance of these Terms and Conditions to the exclusion of any other terms and conditions. No variation shall be binding unless it is agreed in writing by the Company. If any provision of these Terms and Conditions is held to be void or unenforceable in whole or in part, these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver shall be made by the Company by the granting of any indulgence, forbearance or extension of time by the Company. Any release, waiver or compromise or any other arrangement of any kind by the Company shall not affect its rights and remedies and no such release shall have effect unless granted or made in writing. The rights and remedies in this Agreement are cumulative and not exclusive of any rights and/or remedies provided by law. It is acknowledged that save as provided herein nothing in these Terms and Conditions is intended to confer on any person any right to enforce any provision of these Terms and Conditions, which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. If the Client is a consumer (as that term is defined in the Consumer Protection (Distance Selling) Regulations 2000, the Client agrees that the provision of Services under these Terms and Conditions may, by agreement between the Client and the Company, take place before the end of any applicable cancellation period, in which case the right to cancel such provision of Services shall not apply.