PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE
WHAT’S IN THESE TERMS?
These recruiter terms (Recruiter Terms) set out the information applicable to recruiters (Recruiters) who wish to use https://www.healthandsafety-jobs.co.uk/ (Site) and its services.
1.1 In these Recruiter Terms the following words shall have the following meanings:
(a) Candidate means the prospective candidates who upload their CV or other materials to our Site and/or respond to your advertised job vacancies
(b) Contract means the contract between us and the Recruiter for the provision of Services governed by these Recruiter Terms and the documents referred to in them;
(c) Contract Month means, the calendar month commencing on the Start Date and ending on the day before the same date in the next calendar month;
(d) Contract Term means the full term of the Contract commencing on the Start Date and as specified in the Order Form;
(e) Credits means the credits purchased by the Recruiter which allows them to use the Services;
(f) Candidate Database means the database of Candidates which is accessible via the Site;
(g) Data Protection Law means all privacy laws applicable to any personal data processed under or in connection with this agreement, including, without limitation, the General Data Protection Regulation 2016/679, the Privacy and Electronic Communications Directive 2002/58/EC and all national legislation implementing or supplementing the foregoing and all associated codes of practice and other guidance issued by any applicable data protection authority, all as amended, re-enacted and/or replaced and in force from time to time;
(i) Order Confirmation means an email from us to you accepting your Order Form;
(j) Order Form means an order for Services on a form provided by us;
(k) Services means the maintenance of and provision of access to the Candidate Database; and
(l) Start Date means the date of commencement of the Services as specified in the Order Form.
2 METHODS OF CONTRACTING
2.1 The methods of contracting with us for the Supply of Services are as follows:
(a) Online via the Site. Please follow the onscreen prompts to place an order. You can submit an order using the online Order Form set out on the Site.
(b) Via email. You can request an Order Form from us by emailing firstname.lastname@example.org
3 BASIS OF CONTRACT
3.1 The Contract shall comprise the Order Form, the General Terms and these Recruiter Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Recruiter purports to apply). In the event of a conflict in terms between the Order Form and these Recruiter Terms, the documents shall rank in the following order of precedence: (i) Order Form, (ii) these Recruiter Terms, (iii) the General Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before returning your Order Form to Us. Please check the order carefully before confirming it. You are responsible for ensuring that your Order Form is complete and accurate.
3.3 Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.
3.4 Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
3.5 If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
4 OUR SERVICES
4.1 Provision of Services. After the Contract is formed, we will provide you with the Services from the Start Date.
4.2 Changes to specification. We reserve the right to amend the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
4.3 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
4.4 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
5 YOUR OBLIGATIONS
5.1 It is your responsibility to ensure that:
(a) the Order Form is complete and accurate;
(b) you co-operate with us in all matters relating to the Services;
(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and
(d) you comply with all applicable laws.
5.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5.1 (Your Default):
5.2.1 we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under Clause 13.
5.2.2 we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
5.2.3 it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
6.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this Clause 6.
6.2 The Charges are the prices quoted on the Order Form and are exclusive of VAT.
6.3 Advertisements including any reference to a brand of a client or a subsidiary of the Customer (which may include, without limitation, logo, details of website, email address and telephone number) (Client Branded Advertising), must have been agreed by us in writing prior to posting. In the event Client Branded Advertising is used without our prior written agreement, the content will be removed without any liability to you.
6.4 A job advertisement that remains on the Site for longer than agreed in the Order Form, will be charged as a new order. The Customer will be liable to pay the full amount stated on the Order Form to the client as if the Order Form had been replaced by a new order for the extended period. If a Customer deletes a job and then either reposts it or posts another, this will be classed as two jobs and the Customer shall be charged accordingly.
6.5 If any Credits to be used within any time period specified on the Order Form are not used within that period of time they will not roll over to a subsequent time period. The Customer will be responsible for payment for any unused Credits.
7 HOW TO PAY AND CREDIT TERMS
7.1 Payment for the Credits is in advance. We will take your first payment upon acceptance of your order and will take subsequent payments as and when subsequent orders are received. Payment for the Services is to be by 30-day invoice for both one-off ads and monthly credit-based subscriptions.
7.2 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies, you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
7.3 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7.4 Should you fail to make payment of any amount outstanding to us, we reserve the right to remove all content, materials and/or advertising provided by you and displayed on the Site, until such a time that you have remedied the issue by making payment in full.
8 JOB ADVERTISING
8.1 Job advertisements will go live on the site within 24 hours after payment confirmation. Those received on Friday’s will go live the following Monday, public holidays excepted.
8.2 You will be notified by email when your job advertisement has gone live on the Site.
8.3 You agree that we may, at our sole discretion and without liability to you, remove from the Site any advertisement which breaches the following rules:
(a) No duplicating of jobs advertised by another Recruiter.
(b) Job advertisements placed on the Site must be for genuine vacancies only.
(c) Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher will be removed from the Site without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.
9 RESPONSES TO ADVERTISMENTS
9.1 You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted.
9.2 You agree not do anything which may bring us or the Site into disrepute.
9.3 You will indemnify us from and against any claim brought by an individual against the Site arising from your breach of your obligation under Clauses 9.1 and 9.2 or any other term of these Recruiter Terms.
9.4 We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised.
10 USE OF CANDIDATE DATABASE
10.1 Database rights and all other applicable copyright and intellectual property rights in the Candidate Database belong to us. You will use the Candidate Database solely in line with these Recruiter Terms.
10.2 On receipt of materials from the Site you may use:
(a) the information about the Candidate for the purpose of contacting them in relation to a specific job vacancy; and
(b) the information only in connection with your own recruitment-related activities.
10.3 You may not:
(a) Supply, sell or license material from the Candidate Database;
(b) Copy material from the Candidate Database to any other person;
(c) Download, search or view the Candidate Database through any automated (e.g. ‘scraping’) process.
(d) Contact the individuals on the Candidate other than for the purpose of your recruitment-related activities.
10.4 Whilst we acknowledge that you shall, for the purposes of Data Protection Law, become data controller (as defined in Data Protection Law) of personal data (as defined in Data Protection Law) of a Candidate (Candidate Data) once you obtain Candidate Data from the Candidate Database you shall, nevertheless, agree to:
(a) maintain the confidentiality of all Candidate Data at all times;
(b) give us all reasonable assistance as may be required to meet our obligations under Data Protection Law as they relate to Candidate Data;
(c) implement appropriate technical and organisational measures against unauthorised or unlawful processing, access, disclosure, copying, modification, storage, reproduction, display or distribution of all Candidate Data and against accidental or unlawful loss, destruction, alteration, disclosure or damage to all Candidate Data;
(d) notify us as soon as reasonably possible if you become aware of any accidental, unauthorised or unlawful processing of or any data breach in relation to any Candidate Data;
(e) ensure that all Candidates in relation to which you obtain Candidate Data are provided with, as soon as reasonably possible after your collection of their personal data, a privacy notice which is compliant with Data Protection Law detailing how you process Candidate Data;
(f) not transfer any Candidate Data outside the EEA;
(g) without prejudice to the above comply, in all respects, with Data Protection Law as it applies to Candidate Data.
11 APPLICATION DATA
11.1 When a Candidate responds to an advertisement, you will be informed and asked whether you would like to download the relevant CV.
11.2 For the purposes of the Data Protection Laws you are a joint controller of any downloaded material provided by a Candidate. You agree to abide by all relevant Data Protection Laws.
12 CUSTOMER SUPPLIED CONTENT
12.1 This section applies to all advertisements and other material accepted by us for display on the Site. The Recruiter Terms shall apply to anyone sending advertising and/or material for display on the Site, irrespective of whether that person or entity is the Customer as if they were the Customer.
12.2 You are responsible for the content of material supplied by you and for ensuring that you have the right to supply it to us. You are also responsible for ensuring that it complies with all relevant legislation and codes of practice.
12.3 If we receive complaints about any material posted by you, we may, at our sole discretion, remove the material without any liability to you. You hereby agree to indemnify us against any claim whatsoever in respect of the advertisement and/or materials supplied by you to us for display.
12.4 If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place on the Site comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and all other applicable laws.
12.5 We shall not be liable in any circumstances for any loss of profit or business in respect of any advertisement and/or material displayed on the Site.
13.1 Without limiting any of our other rights, We may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
(b) (without prejudice to the provisions of clause 13.1 (a) you commit any breach of clause 10
(c) you fail to pay any amount due under the Contract on the due date for payment;
(d) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(e) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(f) your financial position deteriorates to such an extent that in Our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13.2 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
14 EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (an "Event Outside Our Control").
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the Charges reasonably and actually incurred by us in performing the Services up to the date of the occurrence of the Event Outside Our Control.
15 LICENSE TO USER CUSTOMER'S NAME, TRADEMARKS AND LOGOS
The Recruiter grants to us a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to use the Recruiter’s name, trademarks and logos for the purposes of providing the Services.
16 LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
16.1 Nothing in the Contract limits or excludes our liability for:
(a) death or personal injury caused by our negligence, or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
16.2 Subject to clause 16.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
16.3 Subject to clause 16.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 150% of the total Charges paid under the Contract.
16.4 Except as expressly stated in the General Terms or Recruiter Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into the Contract by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
16.5 This clause 16 will survive termination of the Contract.
17 WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Recruiter Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction.