Terms of Use

 

(1) Introduction

 

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

 

If you register with our website, we will ask you to expressly agree to these terms of use.

 

(2) Licence to use website

 

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

 

You must not:

 

(a) republish material from this website (including republication on another website);

 

(b) sell, rent or sub-license material from the website;

 

(c) show any material from the website in public;

 

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

 

(e) edit or otherwise modify any material on the website; or

 

(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter and press releases).

 

 

(3) Acceptable use

 

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

 

You must not use our website to transmit or send unsolicited commercial communications.

 

You must not use our website for any purposes related to marketing without our express written consent.

 

(4) Restricted access

 

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

 

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

 

We may disable your user ID and password in our sole discretion without notice or explanation.

 

(5) User generated content

 

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

 

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

 

Your user content (and its publication on our website) must not:

 

(a) be libellous or maliciously false;

 

(b) be obscene or indecent;

 

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

 

(d) infringe any right of confidence, right of privacy, or right under data protection legislation;

 

(e) constitute negligent advice or contain any negligent statement;

 

(f) constitute an incitement to commit a crime;

 

(g) be in contempt of any court, or in breach of any court order;

 

(h) be in breach of racial or religious hatred or discrimination legislation;

 

(i) be blasphemous;

 

(j) be in breach of official secrets legislation;

 

(k) be in breach of any contractual obligation owed to any person;

 

(l) depict violence in an explicit, graphic or gratuitous manner;

 

(m) be pornographic or sexually explicit;

 

(n) be untrue, false, inaccurate or misleading;

 

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

 

(p) constitute spam;

 

(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

 

(r) cause annoyance, inconvenience or needless anxiety to any person.

 

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

 

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

 

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

 

(6) Limited warranties

 

You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

 

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

(7) Limitations and exclusions of liability

 

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

 

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

 

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

 

(8) Indemnity

 

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

 

(9) Breaches of these terms of use

 

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

 

(a) send you one or more formal warnings;

 

(b) temporarily suspend your access to the website;

 

(c) permanently prohibit you from accessing the website;

 

(d) block computers using your IP address from accessing the website;

 

(e) contact your internet services provider and request that they block your access to the website;

 

(f) bring court proceedings against you for breach of contract or otherwise;

 

(g) suspend and/or delete your account with the website; and/or

 

(h) delete and/or edit any or all of your user generated content.

 

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

(10) Third party websites

 

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

(11) Trade marks

 

Recruitment Genius and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

 

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

 

(12) Competitions

 

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

 

(13) Variation

 

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

 

(14) Assignment

 

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

 

(15) Severability

 

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

(16) Exclusion of third party rights

 

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

 

(17) Entire agreement

 

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

 

(18) Law and jurisdiction

 

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

(19) Registrations and authorisations

 

None.

 

(20) Our details

 

The full name of our company is Recruitment Genius Ltd.

 

We are registered in England & Wales under registration number 6857225.

 

Our registered address is 46 High Street, Sevenoaks, Kent, TN13 1JG.

 

You can contact us by email to info@recruitmentgenius.com.

 

RECRUITMENT GENIUS LIMITED

CLIENT TERMS OF BUSINESS

 

We are Recruitment Genius Limited (“Recruitment Genius”) of 46 High Street, Sevenoaks, Kent, TN13 1JG and “we”, “us”, “our” and “ours” refers to Recruitment Genius and all branches of Recruitment Genius. Recruitment Genius, for the purposes of this agreement, includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of Recruitment Genius.

 

You are a Client or potential Client of ours and are the recipient of these Terms of Business and “you”, “your” and “yours” refers to you. For the purposes of this agreement “you” includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of yours.

 

By accepting or requesting any services or using information from us you are deemed to accept these Terms of Business (the “Terms”), which apply to all dealings between us relating to the business described in the Terms and override any terms proposed by you unless we have such terms in writing and agreed by a director of Recruitment Genius. Upon such acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows:

 

 

1. DEFINITIONS & MEANINGS

 

1.1 In these Terms the following words and phrases shall have the following meanings unless the context requires otherwise:

 

Additional Services means any recruitment related service as agreed between Recruitment Genius and the Client.

 

Advertisement means a notice designed to attract Applications from Candidates in relation to a Client’s Requirement.

 

Applicant Tracking System means an online portal provide by Recruitment Genius allowing Client’s to add new Requirements, search and review Applications, and coordinate their recruitment campaign.

 

Application means a written or verbal request by a Candidate to have their CV considered for a Client’s Requirement.

 

Candidate means a person who applies for a Recruitment Genius advertised vacancy on any job board site, affiliated job board site or online site or through any electronic communication.

 

CV means the curriculum vitae or any other document which outlines the details of a Candidate's education, training, skills and employment experience which is provided to Recruitment Genius by a Candidate for distribution to Clients with a view to securing a Requirement.

 

CV Search means the process of searching CV databases for relevant Candidates.

 

Fees means the fees and charges payable by the Client as specified in these Terms [1]   .

 

Filtering means an automated and/or manual process of filtering and ranking Candidate Applications to provide a shortlist for a Requirement.

 

Intellectual Property means patents, trademarks, registered designs, design rights, service marks, applications for any of the foregoing, trade

and business names, copyright and know-how.

 

Material Misrepresentation means any deliberate hiding or falsification of a material fact which, if known to us, could have significantly altered the basis of the contract .

 

Requirement means a request from the Client in any form for Recruitment Genius to introduce a Candidate or provide any other advertising, searching or filtering service. For the avoidance of doubt Recruitment Genius is not acting as an employment agency as defined in the Employment Agencies Act 1973. Recruitment Genius is purely a venue for employers and Candidates to meet and is not involved in the actual transaction between Clients and Candidates.

 

Service means any service that Recruitment Genius provides to its Client under the terms of their contract.

 

1.2 All references to a statutory provision shall be construed as including references to:

 

(a)   any statute, modification, consolidation or re-enactment (whether before or after the date of this Agreement) for the time being in force;

(b) all statutory instruments or orders made pursuant to it; and

(c)   any statutory provisions of which it is a consolidation, re-enactment or modification.

 

2. CONTRACT

 

These Terms constitute the contract between Recruitment Genius and the Client and are deemed to be accepted by the Client by virtue of confirmation of your acceptance of these Terms, making payment, requesting an invoice to be raised, approving or amending the Requirement.

 

3. OUR OBLIGATIONS

 

3.1 We agree:

 

(a)   to use all reasonable endeavours to locate Candidates for you to directly hire in accordance with your Requirements via an Advertisement and/or CV Search;

(b)   to provide such Additional Services as may be agreed from time to time.

 

3.2 Whilst at all times we shall act in good faith, we give no guarantee or warranty that we will be able to locate any suitable Candidates, or that any Candidate is suitable for your purposes at any time. Refunds are not available in the event that no suitable Candidates are found.

 

4. YOUR OBLIGATIONS

 

4.1 You agree to accept these Terms and you acknowledge and agree that:

 

(a)   upon issuing a Requirement or as soon as reasonably practicable thereafter you shall provide to us sufficient and accurate information to enable us to locate Candidates;

(b)   your Requirement must be legal, decent, honest and truthful and not infringe the rights of any third party;

(c)   you will act in good faith and in a business-like and courteous manner to us and Candidates;

(d)   it is your responsibility to verify and satisfy yourself with the information we have provided to you to ensure that the Candidate is suitable for your purposes and to take up such references for Candidates as you think fit;

(e)   it is your responsibility to ensure that the Candidate is eligible to work in the UK.

 

4.2 By reason of your acceptance of responsibility and your warranties as set out in clauses 3(a) - 3(e) we shall not be liable for any loss or damage arising out of any representation made by us in good faith that may have induced you to accept a Candidate, or for any breach of contract, negligence or tort of the Candidate and you will fully indemnify and keep us so indemnified against any claim or action (including the costs thereof on an indemnity basis) brought by a Candidate or another business (of any kind) with which we have been dealing in relation to a Requirement arising from incorrect or incomplete information provided by you to us.

 

 

5. ADVERTISEMENTS

 

5.1 You acknowledge and agree that:

 

(a)   we may advertise your Requirement on any website or other media controlled by us or any affiliated third party, or enter into any agreement for the provision of services for the purpose of filling the Requirement;

(b)   we may change websites we advertise your Requirement on without notice;

(c)   we make no guarantee that your Advertisement will be accepted by certain websites;

(d)   we are under no obligation to supply proof that your Requirement has been advertised;

(e)   the Requirement can be viewed by anyone with Internet access throughout the world;

(f)    we may need to modify the Advertisement in order to optimise your results for job board searching and to attract suitable Candidates;

(g)   we are unable to make any amendments to a customers Advertisement once processed;

(h)   Advertisements will be branded ‘Recruitment Genius’, and no active e-mail addresses or web links will be shown;

(i)    Advertisements will be shown for up to 28 day period after which time they shall expire;

(j)    any Requirement which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race, disability or age will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act or Disability Act or the Age Discrimination Act. A statement must be made at the time the Requirement is placed or Service used stating which of the exemptions in the Act(s) is considered to apply. Recruitment Genius reserves the right to refuse any Advertisement it considers illegal or inappropriate.

 

 

6. APPLICANT TRACKING SYSTEM (ATS)

 

6.1 Access to the ATS is not guaranteed and may expire at any time without notice. We therefore recommend Clients make their own appropriate backups and logs of activities.

 

6.2 You are not permitted to share access to the ATS and must take reasonable steps to ensure your login credentials are kept confidential.

 

6.3 Use of the ATS is bound by the Computers Misuse Act.

 

 

7. INTELLECTUAL PROPERTY

 

7.1 Applications will only be sent to the Client the Candidate intended.

 

7.2 We shall not share Applications with other Clients or third parties unless requested by a Candidate.

 

7.3 We reserve the right to communicate with Candidates for marketing and promotional purposes.

 

7.4 The Advertisement we use remains the copyright of Recruitment Genius and you are not authorised to copy, reproduce or otherwise use this work without our prior written consent.

 

7.5 You may not use any of Recruitment Genius’ Intellectual Property without prior written consent.

 

 

8. PROMOTION

 

You give us permission to disclose our business relationship to other parties to promote Recruitment Genius’s provenance. This includes (but is not limited to) your company logo, testimonials and any written or verbal communication.

 

 

9. CONFIDENTIALITY

 

9.1 You acknowledge and agree that:

 

(a)   you shall keep any information relating to a Candidate confidential and not use it for any purpose other than the purpose you disclose you to us at the time the information is requested;

(b) in relation to a Candidate’s information you will act in accordance with the Data Protection Act;

(c)   you shall not directly nor indirectly pass Candidate information on to a third party;

(d) you shall not divulge to any other party, or use for your own benefit, any information capable of being confidential relating to the affairs of our business or business methods, or confidential information, received from each other, except that which is in the public domain or is trivial or obvious or authorised to be released or required by Court Order to be disclosed.

 

 

10. FEES & PAYMENT

 

10.1 The Fees should be taken as those stated on our website or company literature or as otherwise agreed by a representative of Recruitment Genius and the Client at the time of receiving a Requirement.

 

10.2 Our fees are subject to change with notice given on our website or via any other means of communication.

 

10.3 Payment is due upfront and may be made by credit card, BACS or cheque. A pro-forma invoice may also be issued for upfront payment. Recruitment Genius will not start work on your vacancy until payment has been received.

 

10.4 Any discounted or specially negotiated Terms shall only prevail if payment is received upfront. If payment has not been received upfront standard Terms shall exist.

 

10.5 When making advance purchases, any credits must be used within 12 months from date of purchase, upon which date they shall lapse.

 

10.6. We do not supply refunds for unused credits or for an unsatisfactory response.

 

10.7 In the event of any debt claim brought by us for any outstanding payments due, any outstanding amount owed will be subject to annual interest of 2% above the base rate of Lloyd’s bank accruing from day-to-day.

 

 

11. VAT

 

All Fees are exclusive of Value Added Tax (VAT) or other applicable sales tax. VAT will be charged at the applicable rate.

 

 

12. TERMINATION

 

12.1 We may terminate this agreement if:

 

(a)   after providing written notice to the Client of breach of these Terms, such breaches are not rectified within 5 working days by the Client;

(b) the Client fails to pay Recruitment Genius on the due date any sums that may be due;

(c)   the Client makes any Material Mis-representation;

(d) the Client is using the Service for any improper use or with the intention of damaging the reputation of Recruitment Genius.

 

12.2 You have the right to withdraw the Requirement for any reason at any time with no right to any refund.

 

 

13. LIABILITY

 

13.1 Our liability to you for breach of contract or negligence shall not exceed an amount equal to twice our fees for any Requirement. In no event shall we be liable for any special, indirect, consequential or loss whatsoever or any loss of profit regardless of whether such losses are foreseeable and whether or not caused by our negligence arising out of or in connection with the use of the Service.

 

13.2 Nothing contained in these Terms shall have effect so as to limit our liability for loss or damage arising out of personal injury or death or acts of fraud.

 

13.3 All and any interaction and communication between the Client and any Candidate and in connection with the Candidate's response to the Advertisement are the responsibility of the Client, and Recruitment Genius accepts no liability whatsoever therewith. The Client will indemnify Recruitment Genius against any losses in connection therewith.

 

13.4 Recruitment Genius are not able to verify any statements made by you in your Advertisement and accordingly you agree to indemnify us from all claims, costs and expenses (including legal expenses) resulting from your breach of these Terms.

 

13.5 Whist we will take all reasonable steps to ensure the accuracy of information we provide to you as part of the Service, Recruitment Genius will not be liable for any loss suffered by you, whether direct or indirect, foreseeable or otherwise as a result of your, or anyone else’s reliance on such information.

 

 

14. SERVICE INTERRUPTIONS

 

You acknowledge that the Internet and/or Recruitment Genius’s systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, communication connectivity problems or other factors beyond the control of Recruitment Genius and you acknowledge that Recruitment Genius will not be held liable for any loss arising from any failure or inability to provide continuous, error free, uninterrupted services under these circumstances.

 

 

15. THIRD PARTY RIGHTS

 

For the purpose of the Contracts (Rights of Third Parties) Act 1999, this agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.

 

 

16. ENTIRE AGREEMENT

 

16.1 These Terms contains the entire and only agreement between the parties and supersedes all previous agreements between the parties respecting the subject matter of this agreement.

 

16.2 Each party acknowledges and agrees that in entering into this agreement it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as are expressly set out in this Agreement.

 

16.3 Each party acknowledges and agrees that the only remedy available to it for breach of this agreement shall be for breach of contract under the terms of this agreement.

 

16.4 Nothing in this clause shall limit or exclude liability for fraud.

 

16.5 No changes can be made to these Terms without written consent by a Director of Recruitment Genius.

 

 

17. GOVERNING LAW AND JURISDICTION

 

The laws of England and Wales govern this agreement and all non contractual obligations arising out of it. The parties agree to submit to the exclusive jurisdiction of the English Courts.