These Conditions are deemed accepted by the Client when he Services of SecRecruit have been accessed by
the Client or ordered and upon signature of the Service Agreement by the Client.
1. Definitions
-
1.1 In these Conditions the following words and phrases shall have
the following meanings unless the context requires otherwise:
- Advertisement
any recruitment Advertisement including Lineage
Advertisements, Semi-Display Advertisements, Display Advertisements, Corporate
Brochures, Logo Buttons, Skillword Sponsorship Banners, Header Banners, Job-by-Email
Sponsorships and/or any page(s) of Client advertising together with any other form of
Advertisement as shall appear on the Site from time to time);
- Advertising Agency
a Client
who in relation to the Services is receiving them on behalf of an End
Client or is directly or indirectly providing the Services on to an
End Client;
- Applicant
a Candidate who
applies for a vacancy advertised on the Site;
- Application Manager
the
facility provided by SecRecruit to enable the Client to manage
applications by enabling the Client to view CVs, covering letters,
completed Filtering Forms, Key Questions scores and reports, grade and
record notes about the Applicants, and communicate with Applicants via
a messaging centre;
- Application Manager Services
the provision of the Application Manager;
- Candidate
a person who uses
the Site for the purpose of finding employment;
- Client
any person using and
purchasing the Services, where a person includes but is not limited
to, Direct Employers, Recruitment Agencies, Recruitment Process Outsourcing Agencies and Advertising Agencies.
In the circumstance of any Recruitment, Recruitment Process Outsourcing or Advertising Agency acting on
behalf of one of their own End Clients, SecRecruit will charge the
Agency and not the Agency's End Client;
- Conditions
these Standard
Terms and Conditions;
- Conkers Multi-Posting Services
distribution software from Conkers.net, enabling
vacancy posting to one or more online noticeboards selected by the
Client or Recruiter;
- Contract
the contract for the
supply of any Services by SecRecruit to the Client comprising these
Conditions and a Service Agreement;
- Corporate Brochure
a web page
which contains text, graphics, data, files and links which are used to
promote a corporate message;
- CV
the curriculum vitae or
brief outline details of a Candidate's education, training, skills and
employment experience which is provided to SecRecruit by a Candidate
for distribution to Clients with a view to securing employment;
- CV Online
a CV Service which
enables the Client to search for and view CVs online using various
search criteria;
- CV Services
CV Online and CV Watchdog;
- CV Watchdog
a CV Service which
enables the Client to receive the latest CVs via email;
- Direct Employer
a Client who
in relation to the Services is receiving them for the purpose of their
own recruitment needs and not on behalf of any other 3rd party End
Client;
- Display Advertisement
a web
page which usually contains up to a maximum of 2500 characters of
text, graphics, data and files which are used to advertise a single
vacancy, available to Candidates via online search and once per week
via the Jobs-by-Email Service;
- End Client
the person to whom
the Client's Services are provided;
- Featured Job
an Advertisement
displayed on the home page of the Site, containing the Client's Logo
Button and brief details of a live vacancy Advertisement on the Site,
linking through to full vacancy details;
- Featured Recruiter
Listing
pages on the Site featuring a complete list of Clients' Logo
Buttons for Clients with a Corporate Brochure on the Site;
- Fees
the fees and charges
payable by the Client as specified in the Contract;
- Filtering Form
a web page that
is available and uses a template containing questions supplied by the
Client, which is attached to a Lineage Advertisement, Semi-Display
Advertisement or Display Advertisement, and which an Applicant is
invited to complete by the Client;
- Jobs-by-Email
a Service which
matches and sends vacancies via email to Candidates who have
subscribed to this Service;
- Jobs-by-Email Sponsorship
the
sponsorship of a message of up to a maximum of 50 words on a specific
selection of the emails that form Jobs-by-Email;
- Jobsite
Jobsite UK (Worldwide)
Limited (company number 03097157), a subsidiary of Associated
Newspapers Limited (company number 84121);
- Key Questions
questions
included on a Filtering Form, for which the Client has specified the
correct answers, generating a Key Questions score when those correct
answers are selected by the Applicant during the completion of the
Filtering Form;
- Licence
a permit granted to
the Client to utilise one or more CV Services;
- Lineage Advertisement
a
vacancy Advertisement containing text only and which is available via
online search and once per week via the Jobs-by-Email Service;
- Live Vacancy Listing
a page of
the Site which lists all the currently live vacancy Advertisements of
any particular Client;
- Logo Button
a button with the
Client's name and/or logo on it;
- Month
each calendar month
during the Term and for these purposes, the first month begins from
the Start Date and ends on the day preceding the day numerically
equivalent to the Start Date in the following calendar month. If there
is no such date in the following calendar month, then the first month
ends on the last day of the first month ("Month End Date"). All
subsequent months will all have the same Month End Date, or the last
day of that subsequent month if earlier. By way of example:
- Example 1, a Contract starts on
24th February. The first month ends on 23rd March. All subsequent
months start on the 24th of the month and end on the 23rd of the
next month.
- Example 2, a Contract starts on
1st July. The first month ends on 31st July. All subsequent months
start on the 1st of the month and end on the last day of the month
(either the 28th for February or 29th in leap years, 30th for April,
June, September and November, or 31st for January, March, May, July,
August, October and December).
- Example 3, a Contract starts on
30th November. The first month ends on 29th December. All subsequent
months start on the 30th of the month and end on the 29th of the
next month. In February, the month will end on the 28th, if it is
not a leap year, and the following month will start on the 1st March
and end on the 29th March.
- Example 4, a Contract commences
on 1st February. The first month ends on 28th February, or 29th in a
leap year. The next month starts on the 1st March, and all
subsequent months start on the 29th of the month or the 30th, if the
first month fell in a leap year, and end on the 28th of the next
month, or the 29th where the first month fell in a leap
year.
- MySecRecruit
a personalised
page of the Site where a Candidate may access their own personal
details, their CV, all applications made in the last 30 days and a
range of other services;
- OfficeRecruit
Office Recruit Limited (company number 04388542), a subsidiary of Jobsite UK (Worldwide) Limited (company number 03097157);
- Recruiter
any person working
on behalf of the Advertising Agency, Direct Employer or Recruitment
Agency Client and who is authorised by the Client to use the
Services;
- Recruitment Agency
an
Employment Agency or Employment Business as defined by the Employment
Agencies Act 1973 (and all regulations made thereunder);
- Recruitment Process Outsourcing Agency
a Recruitment Agency who also carry out the selection and placement process on behalf of the End Client;
- SecRecruit
a division within OfficeRecruit (company number 04388542);
- Semi-Display Advertisement
a
vacancy Advertisement that uses a Semi-Display Template and inserted
text. The combination is used to advertise a single vacancy and is
available to Candidates via online search and once per week via the
Jobs-by-Email Service;
- Semi-Display Template
a
standard template made up of text, graphics, data and files whose
colours, text font and graphic are manipulated prior to the first time
that it is posted to the Site within certain parameters set by
SecRecruit to the reasonable request of the Client;
- Services
the Services which
SecRecruit has agreed to provide to the Client and includes
Advertisements, CV Online, CV Watchdog, Filtering Forms, Application
Manager and Conkers Multi-posting Services and any other Services
which may be provided to the Client;
- Service Agreement
the Service
Agreement entered into between the Client and SecRecruit;
- Site
the Site at http://www.secrecruit.co.uk/
or any other website on which any Advertisement appearsor via which
any Service is offered, including Jobsite, CityJobs, Careers in
Logistics, LondonJobs and Conkers and any other websites owned or controlled by
Jobsite or Associated Newspapers Limited;
- Skillword Sponsorship Banner
a Service whereby a search for specific words and/or locations on the Site as the
first sponsored phrase and/or location will generate a display of the Client's banner
Advertisement;
- Start Date
the start date for
the provision of the Services as referred to and identified in the
Service Agreement for those Services;
- Term
the term of the Contract
as specified in the Service Agreement;
- Vacancy Posting Software
any
piece of recruitment related software used to submit vacancy
Advertisements to the Site using an email template sent to an email
address notified by SecRecruit to the Client;
- Visitor
a person who visits a
specific page of the Site within a specific time
period.
2. Services Generally
- 2.1 The Client agrees to provide SecRecruit, in such a format as
SecRecruit may request, any information, design work, artwork and logos
necessary to enable SecRecruit to provide those Services.
- 2.2 SecRecruit shall not be obliged to provide those Services until
the Client has supplied it with the information, design work, artwork
and logos necessary to provide those Services. Such information shall be
supplied within 5 days of the date of the signed Service Agreement, or
such later date as agreed by SecRecruit. If the Client fails to supply
SecRecruit with the information then clause 14.3 shall apply.
- 2.3 Advertisements will become live on the Site only when the Client
has approved the design work, set-up, artwork and logos. If a Client has
been authorised to approve any design work, artwork or logos on behalf
of the End Client, then the Client must provide proof of this in writing
to SecRecruit on request.
- 2.4. SecRecruit shall make such modifications to any Advertisement as
are reasonably requested by the Client provided that SecRecruit reserves
the right to charge at the rate of 50 Pounds Sterling per hour for the
time involved in connection with such modifications.
- 2.5. In the event that the Client wishes to cancel the provision of
any Services before those Services have been used then it must give
thirty days written notice to SecRecruit. SecRecruit will continue to
invoice the Client for complete Months, up to and including the Month in
which the thirty days notice period falls. In addition, an
administration charge of £50.00 per Service cancelled will be invoiced.
Where a Client has already been invoiced in full, a pro-rated credit
will be applied to the invoice for the unused period following the
thirty days notice period, less the administration charges.
- 2.6. 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. The Client may extend the term of an
Advertisement provided they have purchased a sufficient quota of the
relevant Service.
- 2.7. If any quota of Services which are to be used with any period of
time specified in the Service Agreement are not used within that period
of time, then in each case the Client shall still be responsible for the
full payment of the invoiced amount as if the Services had been properly
and fully provided (and for the avoidance of doubt SecRecruit shall not
be liable for providing any unused Services and such Services may not be
carried over to any subsequent period.)
- 2.8. SecRecruit reserves the absolute right, without giving any
reasons, to decline, cancel or remove any Advertisement or provision of
Services for any reason and at any time without prior notice.
- 2.9. An Advertisement or Service which indicates, or can reasonably
be understood as indicating, an intention to discriminate on grounds of
sex or race will not be accepted unless it is exempted from the
requirements of the Sex Discrimination Act or the Race Relations Act. A
statement must be made at the time the Advertisement is placed or
Service used saying which of the exemptions in the Act(s) is considered
to apply.
- 2.10. SecRecruit will use its reasonable endeavours to publish the
Advertisement or provide the Services on the agreed date. SecRecruit
does not accept liability for any consequences, howsoever arising, due
to error or delay in provision of the Services and has the right at its
sole discretion to decline to publish or omit, suspend or change the
position of any Advertisement accepted by it.
- 2.11. Links to a Client's or End Client's website will not be
permitted to appear in any Advertisement placed, with the exception of
Corporate Brochures, or Service used by the Client without SecRecruit'
prior consent.
- 2.12. SecRecruit may at its discretion and without prior notice,
report any Advertisement or Service used which in its reasonable opinion
is being used for an improper or illegal purpose by a Client to the
relevant authorities including, without limitation, the Department of
Employment, the Office of the Information Commissioner and the
Recruitment and Employment Confederation. SecRecruit may also disclose
information about any Client to any third party, as SecRecruit shall
deem necessary to protect its interests or the interests of Clients,
Recruiters, Candidates, Applicants and/or other users of the Site.
- 2.13. SecRecruit shall be entitled at anytime without notifying the
Client to make changes to the Services, which are necessary to comply
with any applicable security or other statutory requirements and shall
determine the manner in which the Services are provided.
- 2.14. SecRecruit will only make available or supply copies of the CVs
that have been received by it for distribution to Clients of SecRecruit
solely for the purpose of securing suitable employment for the
Candidates.
3. Lineage Advertisements and Semi-Display Advertisements
If the Services include Lineage Advertisements or Semi-Display
Advertisements, the provisions of this clause 3 shall apply thereto.
3.1. Lineage Advertisements are only available to Clients who are
Recruitment Agencies and accordingly, if the Client has requested that
SecRecruit provides Lineage Advertisement Services:
- 3.1.1 the Client confirms that it is a Recruitment Agency;
- 3.1.2 if requested by SecRecruit the Client will promptly provide
to SecRecruit such evidence as SecRecruit requests to prove that the
Client is a Recruitment Agency;
- 3.1.3 SecRecruit shall not be obliged to provide the Services (or
shall be entitled to suspend them) until the Client has provided such
evidence.
- 3.2. All Lineage Advertisements and Semi-Display Advertisements are
to be entered online by the Client, sent in the SecRecruit email
template to a SecRecruit email address or sent in a specific SecRecruit
file format to a SecRecruit file directory notified by SecRecruit to the
Client.
- 3.3. Lineage Advertisements and Semi-Display Advertisements will be
sent out to all relevant Candidates on a weekly basis via the
Jobs-by-Email Service for each week that they are live on the Site and
to any new relevant Candidates registered within that week.
- 3.4. SecRecruit will convert each vacancy described in a Semi-Display
Advertisement to a Lineage Advertisement for the purposes of
distributing through the Jobs-By-Email Service.
- 3.5. Lineage Advertisements and Semi-Display Advertisements will
remain live on the Site and available for searching via the internet for
the number of weeks requested by the Client, but in all circumstances up
to a maximum of 52 weeks, where a single week equals one Lineage
Advertisement or Semi-Display Advertisement.
- 3.6. Any Lineage Advertisement or Semi-Display Advertisement placed
on the Site may be expired and removed by the Client. The Client will be
charged for the full number of weeks for which the Lineage Advertisement
or Semi-Display Advertisement was originally placed.
- 3.7. SecRecruit will use reasonable endeavours to procure that
Lineage Advertisements and Semi-Display Advertisements will become live
on the Site within 1 hour of submission to the Site.
- 3.8. Lineage Advertisements and Semi-Display Advertisements can only
be modified by the Client, within the first 4 hours of submission to the
Site and thereafter cannot be modified in anyway whatsoever by the
Client.
- 3.9. Lineage Advertisements and Semi-Display Advertisements may link
only to a Client's Corporate Brochure or Live Vacancy Listing or contact
details but may not contain a link, or references, to the Client's
website.
3.10. Lineage Advertisements and Semi-Display Advertisements may only
contain:
- 3.10.1 one email address, which must be in the specific place
designated by SecRecruit and must not be part of the text describing
the vacancy;
- 3.10.2 information describing the Recruitment Agency and/or the
services offered by the Recruitment Agency in the specific place
designated by SecRecruit and must not be part of the text describing
the vacancy.
- 3.11. A Lineage Advertisement or Semi-Display Advertisement shall
contain the details of, accurately describe and pertain to no more than
a single vacancy.
- 3.12. Semi-Display Advertisements will be ranked higher in the
results of a Candidate's search on the Site than identical Lineage
Advertisements.
3.13. SecRecruit may edit, remove or refuse to publish any Lineage
Advertisement or Semi-Display Advertisement:
- 3.15. Where the Client chooses to use Vacancy Posting Software to
submit a Lineage Advertisement or Semi-Display Advertisement to the
Site, the Client accepts that any malfunction of, or change to, the
Vacancy Posting Software or its incompatibility with SecRecruit' systems
causing incorrect, missing or multiple submissions to the Site is
entirely the responsibility of the Client and the Client agrees that any
quota of Services used and Fees incurred will be payable in
full.
4. Display Advertisements, Corporate
Brochures and Logo Buttons
If the Services include Corporate Brochures or Display Advertisements,
the provisions of this clause 4 shall apply thereto.
- 4.1. Corporate Brochures and Display Advertisements shall be provided
in the form supplied by the Client to SecRecruit provided that they
comply with the provisions of this Contract. Subject to clause 2.4,
SecRecruit shall make such modifications to any Corporate Brochures or
Display Advertisements as are reasonably requested by the Client.
4.2. In relation to Display Advertisements:
- 4.2.1 Display Advertisements will remain live on the Site in
multiples of 5 weekly periods, as requested by the Client.
- 4.2.2 A Display Advertisement shall contain the details of,
accurately describe and pertain to no more than a single vacancy;
- 4.2.3 SecRecruit will convert each vacancy described in a single
Display Advertisement to a Lineage Advertisement for the purposes of
distributing through the Jobs-By-Email Service.
- 4.2.4 Display Advertisements may link only to a Client's Corporate
Brochure or Live Vacancy Listing or vacancy Advertisement or contact
details but may not contain a link, or references, to the Client's
website.
- 4.2.5 Display Advertisements will be sent out to all relevant
Candidates on a weekly basis via the Jobs-by-Email Service and to any
new relevant Candidates registered for each week it is live on the
Site.
- 4.2.6 Display Advertisements will be ranked higher in the results
of a Candidate's search on the Site than identical Lineage
Advertisements or Semi-Display Advertisements.
- 4.2.7 A Logo Button located on the MySecRecruit pages for relevant
Candidates will link to each Display Advertisement.
4.3. In relation to Corporate Brochures:
- 4.3.1 Corporate Brochures will remain live on the Site in multiples
of calendar Months, as requested by the Client.
- 4.3.2 Corporate Brochures may contain one link to the Client's
website and a link to the Client's Live Vacancy Listing.
- 4.3.3 Corporate Brochures may contain up to a maximum of 2500
characters of text, per page.
- 4.3.4 A Logo Button will be located on the home page of the Site
periodically, the Featured Recruiter Listing and the MySecRecruit
pages for relevant Candidates and these Logo Buttons will link to each
Client's primary Corporate Brochure.
4.4. In relation to Logo Buttons:
- 4.4.1 Logo Buttons will not exceed three thousand bytes in graphic
size and will be static.
- 4.4.2 Logo Buttons will be displayed on a rotational basis and no
guarantee is made by SecRecruit of the number of times on which they
will be displayed and the Client accepts that no obligations are
imposed on SecRecruit in this regard
whatsoever.
5. Skillword Sponsorship Banners
If the Services include Skillword Sponsorship Banners, the provisions
of this clause 5 shall apply thereto.
- 5.1. Skillword Sponsorship Banners may link to either a Corporate
Brochure or a Live Vacancy Listing or a vacancy Advertisement.
- 5.2. Skillword Sponsorship Banners must not exceed twelve thousand
bytes in size and their dimensions must measure 468 x 60 pixels.
- 5.3. Skillword Sponsorship Banners designed by SecRecruit will be
static banners. Animated banners may be used if they are supplied
complete to SecRecruit by the Client at the Client's own expense and
conform with the parameters set out by SecRecruit. SecRecruit will not
accept any banners produced in Flash graphics.
- 5.4. Skillword Sponsorship Banners are live on the Site in multiples
of weekly periods, as requested by the Client, up to a maximum of two
consecutive weeks.
6. Homepage Banners
If the Services include Homepage Banners, the provisions of this clause 6
shall apply thereto.
- 6.1. Homepage Banners may link to either a Corporate Brochure or a Live
Vacancy Listing or a vacancy Advertisement.
- 6.2. Homepage Banners must not exceed twelve thousand bytes in size and
their dimensions must measure 380 x 60 pixels.
- 6.3. Homepage Banners will be static banners. SecRecruit will not
accept any banners produced in Flash graphics.
- 6.4. Homepage Banners are live on the Site in multiples of weekly
periods, as requested by the Client, up to a maximum of two consecutive
weeks.
- 6.5. Homepage Banners are displayed on the home page and other pages of
the Site periodically.
- 6.6. SecRecruit may require Header Banners to be amended, such that
the banner contrasts suitably with the Site.
7. Jobs-by-Email Sponsorship
If the Services include Jobs-by-Email Sponsorship, the provisions of
this clause 7 shall apply thereto.
- 7.1. Jobs-by-Email Sponsorship is for one day on any day of the week
from Monday to Friday (excluding bank holidays in England and Wales) as
agreed between SecRecruit and the Client.
- 7.2. The sponsored message may contain a link only to a Client's
Corporate Brochure or Live Vacancy Listing or any individual vacancy
Advertisement.
- 7.3. The Client accepts that SecRecruit cannot guarantee the number
of recipients of the Jobs-by-Email Sponsorship and that no obligations
are imposed on SecRecruit in this regard.
8. CV Services
If the Services include CV Services, the provisions of this clause 8
shall apply thereto.
- 8.1. The Services are subject to any instructions from a Candidate
that his or her details should or should not be made available to the
Client. In the event that SecRecruit has reason to believe or suspect
that its CV Services are being abused by the Client, including but
without limitation to the breach of this Clause 8, SecRecruit reserves
the right to immediately suspend or terminate the Contract.
- 8.2. The CV Watchdog service will (under normal circumstances) be
delivered to the Client by email on a once per day basis or other period
as selected by the Client and such email will include all CVs identified
by the search strings selected by the Client pursuant to clause 8.3.
- 8.3. The CV Watchdog service will allow the Client to select, at any
one time, up to the number of search strings specified in the Licence,
with each search string allocated to an email address, to which the CVs
will be sent to.
- 8.4. The CV Online service will (under normal circumstances) be
available to the Client at all times and will allow up to the number of
Client's Recruiters specified in the Licence, access to all CVs on the
Site. Where multiple CV Online service lines are specified on the Service
Agreement, the Licence with the higher number of users applies and supercedes the lower number of users.
- 8.5. SecRecruit cannot guarantee the minimum number of new CVs
available on any CV Service on any given day.
- 8.6. SecRecruit will (under normal circumstances) ensure that CVs are
made available to the Client via CV Watchdog within one working day of
receipt of the CV from a Candidate, or searchable online within one hour
of receipt of the CV from a Candidate via CV Online.
- 8.7. Each CV Online and CV Watchdog is available in multiples of
Months, as requested by the Client.
- 8.8. In relation to the CV Services the Client shall ensure that no
automatic extraction software (to include software tools commonly known
as robots and spiders) or any other means, are engaged or deployed,
either on a temporary or a permanent basis, or unless specifically
requested by the Client and approved in writing by a director of
SecRecruit, to facilitate the downloading or capturing of volume
quantities of CVs from the SecRecruit database irrespective as to which
CV Service has been purchased from SecRecruit.
9. Filtering Forms
If the Services include the completion of Filtering Forms by or on
behalf of the Client then the provisions of this clause 9 shall apply
thereto:
10. Conkers Multi-Posting Services
If the Services include Conkers Multi-Posting Services then the
provisions of this clause 10 shall apply thereto:
11. Obligations of SecRecruit
- 11.1. SecRecruit will use its reasonable endeavours to enable
Applicants the facility of viewing the Clients' Advertisements on the
Site and to provide the Services to the Client. However, the Client
accepts that SecRecruit cannot guarantee the number of occasions on
which any individual Advertisement appears on the Site and that no
obligations are imposed on SecRecruit in this regard.
12. Obligations of the Client
12.1. The Client hereby undertakes and warrants to SecRecruit:
- 12.1.1 to use all reasonable precautions against access of the
Site (or any website that is, or may become linked to any website)
by any unauthorised persons, including but not limited to, the use
of user names and passwords and the securing of information
relating to communications between the Client's hardware and the
rest of the Site.
- 12.1.2 to comply with the provisions of the Data Protection Act
1998 or relevant legislation with regard to any Applicant
information received by it and in particular to keep such
information confidential.
- 12.1.3 in relation to any Advertisement the Client is a principal
notwithstanding that the Client may be acting directly or indirectly
for a third party;
- 12.1.4 the reproduction and/or publication of the Advertisement
by SecRecruit as originally submitted or as amended will not breach
any agreement or infringe or violate any right of any person or
render SecRecruit liable to any proceedings whatsoever and the
Client indemnifies SecRecruit against all costs, claims, damages,
loss, expenses and liabilities suffered or incurred by SecRecruit as
a result of this undertaking and warranty being incorrect;
12.1.5 any information supplied by the Client in connection with
the provision of the Services is accurate, complete and true;
12.1.6 in respect of any Advertisement which contains the name or
pictorial representation (photographic or 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 authority of such living person to make use of such name,
representation and/or copy;
- 12.1.7 each Advertisement is legal, decent, honest and truthful
and complies with all applicable laws, rules, regulations and codes
relating to advertising as may be appropriate;
12.1.8 no Advertisement contains any data, image or other
material which:
- (a) is offensive, obscene or indecent, or capable of being
resolved into obscene or indecent images or material;
- (b) is defamatory, threatening or racially, ethnically or
otherwise objectionable;
- (c) is designed or likely to cause annoyance, inconvenience,
unwanted attention or needless anxiety to any other person;
- (d) infringes the rights (including, without limitation, the
intellectual property rights) of another person;
- (e) is designed or likely to cause disruption to any computer
system or to any network;
- (f) is illegal or designed or likely to induce an illegal
act.
- 12.2. The Client is responsible for ensuring that the content of
any Advertisement and the use of the Services is not discriminatory,
obscene, defamatory, or in any other way illegal or in breach of any
legislation. The Client also agrees to comply with all relevant
industry Codes of Practice.
- 12.3. 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 any Applicant.
- 12.4. The Client shall indemnify SecRecruit against all claims made
by the third parties in respect of the misuse of the data supplied to
the Client.
- 12.5. The Client shall obtain from the Applicant, as much
information about the Applicant's qualifications and experience, as is
necessary for determining whether the Applicant is suitable for
employment, and shall ascertain that the Applicant has such
qualifications as are required by law.
- 12.6. The Client shall ensure that the Applicant is fully aware of
any conditions imposed by law, which must be satisfied by the
Applicant and that any employment resulting therefrom shall be
legal.
- 12.7. The Client agrees not to employ, or make arrangements to
employ, a young person (being a person under the age of 18) who is
attending, or has ceased to attend school, unless the Client has made
all such enquiries as are reasonably practicable for the purposes of
ascertaining that the young person has received vocational advice.
- 12.8. The Client will obtain at least two character references from
suitable persons, not being relatives of the Applicant but being
resident or based in the vicinity of the normal place of residence of
the Applicant, in respect of any Applicant applying for a job in the
United Kingdom where the Applicant is resident outside the United
Kingdom, and in any event not offer employment to an Applicant where
the rate of repayment of any advance of fare is 1/8th or more of the
Applicant's basic weekly pay or the total amount to be repaid is more
than three weeks' pay in the job.
- 12.9. The Client shall ensure that the Applicant, before departing
for the employment, receives a written statement in a language they
understand giving full details of their employment.
- 12.10. The Client agrees to keep a written record of all job
applications, for a period of not less than one year from the date of
employment or, where no employment results, from the date the job
application is rejected.
12.11. The Client shall:
- 12.11.1 use all CVs supplied for the sole purpose of endeavouring
to provide or locate suitable employment on behalf of
Candidates;
- 12.11.2 ensure that it is notified as a data controller to the
Office of the Information Commissioner under the Data Protection Act
1998 to the extent that it applies and complies with its obligations
under that Act;
- 12.11.3 keep confidential the CVs and all other information
supplied by SecRecruit or Candidates to the Client or its employees
or agents and shall only use such information for such agreed
purpose if endeavouring to seek or provide employment opportunities
for Candidates with their express consent in respect of the CVs;
- 12.11.4 obtain the express consent of a Candidate prior to
submitting his or her CV to any person;
- 12.11.5 not submit, copy, supply, re-sell, distribute or make
available in any way any CVs or other information received from
SecRecruit to any person provided that where the Client is a
Recruitment Agency it may make CV's available to its genuine End
Clients who intend to recruit such Candidates for their own
employment;
12.12. The Client
13. Rates
- 13.1. The rates shall be those rates as agreed between SecRecruit
and the Client in the Service Agreement.
14. Payment
- 14.1. Payment for Services will be made according to the payment
terms specified in the Service Agreement.
- 14.2. If the Client fails to make any payment by the due time then
all moneys owing by the Client to SecRecruit shall immediately become
due and payable and the provisions of clause 14.4(b) shall forthwith
apply to such moneys.
- 14.3. SecRecruit will provide invoices to each Client in accordance
to the terms in the Service Agreement. Liability for payment arises
from provision of the Services. Further, all items on the invoice are
deemed to be payable and any errors or omissions must be communicated
to SecRecruit in time to be rectified before payment becomes due.
Payment for the provision of the Services shall be made as aforesaid
whether or not the Client shall have provided SecRecruit with an order
number at the time of signing the Service Agreement.
- 14.4. The Client agrees to pay to SecRecruit in respect of each
item of Services for which payment is not made by the due time:
- (a) the sum of £25.00 as an administration charge; and
- (b) interest on the amount paid late at the rate of 4% per
annum above the base rate of Barclays Bank PLC accruing from day
to day (including the date on which payment was due) both before
and after judgment.
- 14.5. 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.
15. Liability
16. Indemnity
16.1.The Client agrees to indemnify SecRecruit and to keep
SecRecruit indemnified in respect of, but not limited to, all damages,
costs or liabilities that SecRecruit may incur arising from an
Advertisement or use of any Service, and in particular resulting from
the following:-
- 16.1.1 the publication of any defamatory statement;
- 16.1.2 breach of copyright;
- 16.1.3 any claims made by any person in respect of race,
religion, age, sex or disability discrimination;
- 16.1.4 any breach by the Client of any warranty given
hereunder.
17. Disclaimer
- 17.1. Except as otherwise provided by statute, SecRecruit disclaims
all warranties, express or implied by law of statute, in relation to,
but not limited to, the Site.
18. Governing Law and Jurisdiction
- 18.1. These Terms shall be governed by, and construed in accordance
with, the laws of England and Wales and each party irrevocably submits
to the exclusive jurisdiction of its courts.
19. Miscellaneous
- 19.1. The signing of a Service Agreement for provision of Services
amounts to an acceptance of these Terms to the exclusion of any other
terms and conditions. No variation shall be binding unless agreed in
writing.
- 19.2. If any provision of these Terms is held to be void or
unenforceable in whole or in part, these Terms shall continue to be
valid as to the other provisions and the remainder of the affected
provision. No waiver by SecRecruit shall be effective except in
relation to the matter in respect it was specifically given.
- 19.3. Nothing in these Terms is intended to confer on any person
any right to enforce any provision of these Terms, which that person
would not have had but for the Contracts (Rights of Third Parties) Act
1999. Insofar as 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 may, by
agreement between the Client and SecRecruit, take place before the end
of any applicable cancellation period, in which case the right to
cancel such provision of Services shall not apply.
20. Contracting Party
- 20.1. SecRecruit is a division of OfficeRecruit (company number 04388542)
of Kingfisher House, Elmfield Road, Bromley, Kent, BR1 1LT, a
subsidiary of Jobsite UK (Worldwide) Limited (company number 03097157)
of Langstone Technology Park, Langstone Road, Havant, Hampshire, PO9 1SA,
a subsidiary of Associated Newspapers Limited (company number 84121).
THIS SCHEDULE REPLACES ALL PREVIOUS SCHEDULES TO THESE TERMS AND
CONDITIONS