Terms of Business for Fixed Price Advertising & Screening Service
We are Workpoint Recruitment Limited, a company registered in England number 03278736, and in these Terms of Business “we”, “us”, “our” and “ours” refers to Workpoint Recruitment Limited.
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 Workpoint Recruitment Limited in writing. 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:
"Advertisement" means a notice designed to attract Applications from Candidates in relation to a Client’s Requirement.
"Application" means a Candidate's response to a Client’s Advertisement.
"Candidate" means a person who responds to an Advertisement.
"Fees" means the fees and charges payable by you as specified or referred to in these Terms.
“Guarantee” means our promise to you as specified or referred to in these Terms.
"Intellectual Property" means patents, trade marks, registered designs, applications for any of the foregoing, unregistered design rights, service marks, database rights, trade and business names, copyright and know-how.
"Loss" means any action, claims, costs, damages, demands, expenses (including legal expenses on a solicitor-client basis) fines, liabilities, losses or penalties.
"Material Misrepresentation" means any deliberate hiding or falsification of a material fact by you which, if known to us, could have significantly altered the basis of the contract.
“Qualifying Questions” means the questions agreed between you and us, the answers to which are used to determine a Candidate’s ability to meet your Requirement.
"Requirement" means a request from you in any form for us to introduce a Candidate or provide any other advertising, searching or filtering service.
"Requirement Guidelines" Each Requirement and Advertisement must conform with all applicable legal requirements, including in particular those relating to discrimination. It must also be stated in a manner which is decent and honest and gives a true picture of the nature of the vacancy.
"CV" means the Resume, Curriculum Vitae or any other document which outlines the details of a Candidate's education, training, skills, experience and employment history which is provided to us by a Candidate for distribution to Clients with a view to securing a Requirement.
"Service" means any service that we provide to you under the terms of this contract.
"User" means any person acting on behalf of you and authorised by you to order services from us and give instructions to us.
We may amend these Terms from time to time and notice of this will appear on the Workpoint Recruitment Ltd website (www.theWorkpoint.net) and continued use of the Services after the provision of such notice will constitute acceptance of the revised terms.
3) How to recruit through us.
A) Read and accept these Terms of business
B) By requesting any services from us you are deemed to accept these Terms of Business
C) You define your Requirement and provide it to us in writing
D) We draft your Advertisement and up to three Qualifying Questions
E) You and we agree the wording of the Advertisement and the Qualifying Questions
F) We upload the Advertisement to selected job boards and promote via selected Social Media platforms
G) We screen Applications in accordance with the Qualifying Questions and make suitable Applications and Candidate CV’s available to you
H) You screen Applications and CV’s forwarded to you using your skill, experience, judgement and other methods available to you.
I) You make offers directly to the Candidate(s) you select
4) Candidates. You may receive multiple Applications in response to a single Advertisement, and you are free to recruit any number of Candidates you wish, resulting from that Advertisement. No additional fees are payable should you employ more than one Candidate in respect of a single Advertisement. We do not verify information provided by Candidates, and we are not responsible for inaccurate or misleading information provided by Candidates.
Please note that your recruitment activity through us will become public knowledge and may be seen by your employees. We are not liable for any consequences of this, and you should be ready to manage any issues that arise.
You will indemnify us for any and all Loss you may suffer in relation to a Requirement or Advertisement, any communication you have with a Candidate, or any other action taken by you in relation to a Candidate. You will assume responsibility at your own expense for the conduct of any dispute between you and a Candidate.
5) Advertisement of the Requirement. We will use our experience of the recruitment market to select appropriate online job boards and job categories at our discretion, and post the Advertisement accordingly. We do not guarantee a deadline for this, but will post the Advertisement reasonably promptly. The Advertisement will be available on each selected job board for a minimum 28 days unless (1) our fee is not paid on time in accordance with these Terms, and remains unpaid at the time of the Advertisement’s withdrawal or (2) after payment is made, early cancellation is requested by yourself. You may withdraw your Requirement for any reason at any time and we will comply with your request; however you will not be entitled to a refund.
6) Applications. Applications and Candidate CV’s will not be screened or forwarded to you until our fee is paid in full. You may use Applications for the purpose of fulfilling your Requirements but should not make the Applications available to any other person. Once Applications are provided to you, you are responsible for storing them. We do not guarantee that copies will necessarily be available and are not responsible for Loss if access is not available for any reason.
7) Guarantee. Our promise to you. Where you have paid our fee on time and you have not employed someone in respect of the Requirement within 28 days of the Advertisement being posted to the selected Job Boards by us, and if requested by you, we will re-post the Advertisement and continue to screen Applications and forward Candidate CV’s to you for a further 28 days without further charge.
8) Further steps and other options. We may ask Candidates to answer Qualifying Questions. Such questions should comply (where relevant) with the Requirement Guidelines, and you are responsible for formulating the questions. You are responsible for the selection of the Candidates, for taking up references where relevant, and for ensuring that the Candidate holds valid qualifications and is entitled to work in the relevant locations.
9) Data Protection. In our processing of personal data as part of the provision of Services to you, we will act as a data processor and the Client will be the data controller. In this context, we will maintain reasonable levels of technical and organisational security precautions in order to protect such personal data. We will act in accordance with the reasonable instructions of the data controller in relation to the treatment of such data provided that: where such instructions impose additional cost, such costs shall be borne in advance by the data controller; and such instructions may not prevent us from performing our obligations under this Agreement or to any client. We will retain Resumes and Applications and in such cases will act as data controller. You acknowledge that Applications are submitted under the express or implied terms offered by job board providers or other third parties and that processing of the personal data and use of the Applications will be subject to such terms.
10) Promotion. You give us permission to disclose our business relationship to other parties to promote Workpoint Recruitment’s provenance. This includes (but is not limited to) your company name and logo, testimonials and any written or verbal communication.
11) Confidentiality. You acknowledge and agree that: You wll keep any information relating to a Candidate confidential and not use it for any purpose other than the purpose you disclose 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 will not directly nor indirectly pass Candidate information on to a third party; You will 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. Any and all public statements you wish to make (in any media) in relation to our services will be agreed in advance with us.
12) Fees & Payment The Fees. are those stated on our website at the time you supply us with the Requirement or as otherwise agreed in writing by a Director of Workpoint Recruitment Ltd and the Client at the time you supply us with the Requirement. Payment is due immediately an Advertisement is posted to selected Job Boards and may be made by BACS or cheque. A pro-forma invoice may also be issued. Applications and Candidate CV’s will not be screened or forwarded to you until our fee is paid in full. Any discounted or specially negotiated Terms shall only prevail if payment is received in accordance with our agreed Terms. If payment has not been received on time, standard Terms shall exist. In the event of any debt claim brought by us for any outstanding payments due, any outstanding amount owed will be subject to the interest rate set out in the Commercial Debts (Late Payment of Interest) Act 1998. All Fees are exclusive of Value Added Tax (VAT) or other applicable sales tax. VAT will be charged at the applicable rate.
13) Termination. We may terminate this agreement at our sole discretion if any of the following apply:
A) you fail to pay our fees on the due date;
B) after providing written notice to the Client of breach of these Terms, such breaches are not rectified by you within 5 working days;
C) you are using the Service for any improper use, creating a service or product competing with us, exceeding reasonable requests, or are acting in such a way as to damage, or with the intention of damaging, our reputation.
14) Liability. Our maximum aggregate liability to you for any Loss arising out of or in connection with this agreement or the Services performed by us shall not exceed the fee paid by you. Under no circumstances shall we be liable for any indirect Loss, 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. We are not acting as your agent.
15) Entire Agreement and general provisions. These Terms contain the entire and only agreement between the parties and supersede all previous agreements between the parties respecting the subject matter of this agreement. No terms shall be implied into these Terms by operation of law (including statue or statutory regulation) or otherwise. No changes can be made to these Terms or to the contract between us without written consent by a director of Workpoint Recruitment Ltd. 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. Nothing in these Terms shall be construed to make you and Workpoint Recruitment Ltd partners, joint ventures, principals, agents, or employees of the other.
16) Governing Law and Jurisdiction. The laws of England and Wales govern this agreement and all non contractual obligations arising out of it. The parties submit to the exclusive jurisdiction of the English Courts. Terms of Business for
Ref: Fixed Price Advertising v.2 – Aug 2016