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.
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
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 
Filtering means an automated and/or manual
process of filtering and ranking Candidate Applications to provide a shortlist for
Intellectual Property means patents, trademarks,
registered designs, design rights, service marks, applications for any of the foregoing,
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
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.
All references to a statutory provision shall be construed as including references
any statute, modification, consolidation
or re-enactment (whether before or after the date of this Agreement) for the time
being in force;
all statutory instruments or orders made pursuant
to it; and
any statutory provisions of which it is
a consolidation, re-enactment or modification.
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
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;
to provide such Additional Services as
may be agreed from time to time.
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
You agree to accept these Terms and you acknowledge and agree that:
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;
your Requirement must be legal, decent,
honest and truthful and not infringe the rights of any third party;
you will act in good faith and in a business-like
and courteous manner to us and Candidates;
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;
it is your responsibility to ensure that
the Candidate is eligible to work in the UK.
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.
You acknowledge and agree that:
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
we may change websites we advertise your
Requirement on without notice;
we make no guarantee that your Advertisement
will be accepted by certain websites;
we are under no obligation to supply proof
that your Requirement has been advertised;
the Requirement can be viewed by anyone
with Internet access throughout the world;
we may need to modify the Advertisement
in order to optimise your results for job board searching and to attract suitable
we are unable to make any amendments to
a customers Advertisement once processed;
Advertisements will be branded ‘Recruitment
Genius’, and no active e-mail addresses or web links will be shown;
Advertisements will be shown for up to
28 day period after which time they shall expire;
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)
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.
You are not permitted to share access to the ATS and must take reasonable steps
to ensure your login credentials are kept confidential.
Use of the ATS is bound by the Computers Misuse Act.
7. INTELLECTUAL PROPERTY
Applications will only be sent to the Client the Candidate intended.
We shall not share Applications with other Clients or third parties unless requested
by a Candidate.
We reserve the right to communicate with Candidates for marketing and promotional
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
You may not use any of Recruitment Genius’ Intellectual Property without prior written
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.
You acknowledge and agree that:
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;
in relation to a Candidate’s information you
will act in accordance with the Data Protection Act;
you shall not directly nor indirectly
pass Candidate information on to a third party;
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
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.
Our fees are subject to change with notice given on our website or via any other
means of communication.
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.
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.
When making advance purchases, any credits must be used within 12 months from date
of purchase, upon which date they shall lapse.
We do not supply refunds for unused credits or for an unsatisfactory response.
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.
Fees are exclusive of Value Added Tax (VAT) or other applicable sales tax. VAT will
be charged at the applicable rate.
We may terminate this agreement if:
after providing written notice to the
Client of breach of these Terms, such breaches are not rectified within 5 working
days by the Client;
the Client fails to pay Recruitment Genius on
the due date any sums that may be due;
the Client makes any Material Mis-representation;
the Client is using the Service for any improper
use or with the intention of damaging the reputation of Recruitment Genius.
You have the right to withdraw the Requirement for any reason at any time with no
right to any refund.
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.
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.
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.
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.
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
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
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
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
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.
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.
Nothing in this clause shall limit or exclude liability for fraud.
No changes can be made to these Terms without written consent by a Director of Recruitment
17. GOVERNING LAW AND JURISDICTION
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.