RECRUITER - TERMS AND CONDITIONS FOR CANDIDATE TERMS AND CONDITIONS, CLICK HERE
1. WHAT THESE TERMS COVER AND WHY YOU SHOULD READ THEM
1.1. This document (“Terms”) sets out the terms and conditions on which we provide the website channelpeople.co.uk (“Website”) and the services available through the Website as set out at clause 5 below) (“Services”) to you as a user of the Website or the services (User, you or your).
1.2. Please read these terms carefully before you use our Services. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are Channel People Limited, a company incorporated in England and Wales under registration number 10465900. Our registered office 19 Trinity Square, Llandudno, Conwy, United Kingdom, LL30 2RD. Our VAT number is 263561305.
2.2. You can contact us by telephone by calling 01252 918000 or by writing to us at firstname.lastname@example.org.
2.3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address or telephone number you provided to us when you registered to use our Website and Services.
3. OUR CONTRACT WITH YOU
3.2. You should be aware that these Terms may change from time to time in accordance with Clause 15).
4.1. For ease of reference, such third parties seeking details of employment opportunities through our Website shall be referred to as “Candidates” throughout these Terms.
4.2. In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
4.3. All and any business undertaken between you and us is subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed between you and us in writing. No variation of these Terms shall be valid if made without our written consent.
4.4. These Terms supersede all previous terms of business.
4.5. In these Terms, any phrase that includes the words other, including, for example, such as or in particular (or any similar expressions) shall be deemed to include the phrase "without limitation".
5. PROVIDING THE SERVICES
5.1. In consideration of your payment of the Fees (as set out at Clause 7 below) the Services we shall provide to you through our Website shall be:
5.1.1. permitting you to advertise current employment opportunities at your organisation (“Vacancy” or “Vacancies”) to Candidates who have registered with our Website; [and]
5.1.2. subject to clause 5.3, permitting you to view the CVs of those Candidates who have uploaded their CVs to our Website with a view to seeking employment; and
5.1.3. permitting you to make contact with Candidates either through our Website or externally.
(together the “Services”).
5.2. If you are a recruitment agency, (i.e. a company which advertises job vacancies for or on behalf of another company, or searches for Candidates for or on behalf of another company, clauses 5.1.2 and 5.1.3 shall not apply to your permitted use of the Services under clause 5.1 above.
5.3. You hereby agree, acknowledge and understand that we provide no guarantee that your use of the Services shall result in you being able to find suitable Candidates for the Vacancies you advertise through our Website and Services.
5.4. It is important for you to note that the Services do not act as a means of introducing or supplying Candidates to you. The following do not form part of the Services:
5.4.1. confirmation of the identity, experience, qualifications and/or training of a Candidate;
5.4.2. confirmation that a Candidate is eligible to work in the UK;
5.4.3. confirmation that a Candidate is suitable for a particular Vacancy advertised by a you;
5.4.4. ensuring that both you and a relevant Candidate are aware of any legal requirements which may apply to a particular Vacancy advertised by you;
5.4.5. ensuring that it would not be detrimental to either you or a relevant Candidate for a Vacancy advertised by you to be fulfilled by a particular Candidate;
5.4.6. take up any references in relation to a Candidate; or
5.4.7. arrange for accommodation for Candidates.
5.5. Notwithstanding clause 5.4, we shall review any Vacancies you place with us prior to such Vacancies appearing on our Website to ensure that such Vacancies apply only to roles for jobs in the information technology industry particularly in relation to Vacancies working within organisation which fall within the category of vendors, distributors, resellers or end-users or their supporting, or related organisations. (“IT Channel”). For vacancies not falling within the IT Channel, we reserve the right, in our sole discretion, to withhold such Vacancy from our website, and we shall provide you with a credit on your account in respect of that Vacancy not advertised on out Website.
5.6. It is your responsibility to ensure the suitability of those Candidates who have applied for a Vacancy advertised by you.
5.7. While we will use our reasonable endeavours to ensure that the Website and Services remain error free and uninterrupted, we provide no warranty that the Website and Services shall remain accessible at all times or that they shall be error free and we accept no liability for any inability to access the Website and/or Services by howsoever caused.
6. INFORMATION WE REQUIRE FROM YOU
6.1. When registering to use our Website and the Services (“Registration”) you shall provide to us the following information:
6.1.1. details of a single point of contact within your organisation with whom we will correspond throughout the duration of this Contract, including:
126.96.36.199. their name;
188.8.131.52. email address;
184.108.40.206. telephone number; and
220.127.116.11. postal address.
(together the “Contact Details”); and
6.1.2. a profile of your organisation, including:
18.104.22.168. company name;
22.214.171.124. employer name;
126.96.36.199. phone number; and
188.8.131.52. email address
(together the “Company Details”); and
6.1.3. your chosen method of payment for the Service in accordance with Clause 7.1 below.
6.2. You must ensure that the Contact Details we hold for you are kept up-to-date. We may need to contact you with important information. If you make any changes to your Contact Details or Company Details you must inform us of the new details through your account settings.
6.3. You agree to provide us with any other reasonable information (in additional to the Contact Details and the Company Details) that we may request from you from time to time in order to be able to provide the Services.
6.4. You acknowledge that your organisation’s profile and some details entered by you on our Website will be publicly visible and may appear in search engine results.
6.5. We reserve the right, in our sole discretion, to suspend or terminate your Contract with us (without liability) and remove your profile from our Website where you fail to provide the Contact Details and or the Company Details and any other information reasonably necessary to enable us to carry our suitability checks, or we know or have reasonable suspicion to believe that the Contact Details and or the Company Details and any other information you have provided in order for us to carry out such suitability checks were or have become incorrect.
6.6. By registering with our Website you warrant to us that you have the authority to enter into this agreement on behalf of the company named within your Registration.
7. PRICE AND PAYMENT
7.1. In consideration of our Supply of the Services to you, you agree to pay for such Services received in accordance with the method of payment chosen by you upon Registration in accordance with Clause 6.1.3. The methods of payment by which you may pay for the Services are:
7.1.1. payment of the amount detailed on our Website (or other such amount as agreed between the parties in writing from time to time) for each Vacancy advertised by you on our Website [(“Pay As You Go”)]; or
7.1.2. payment of £195.00 exclusive of VAT (which shall be charged at the current rate in force in the United Kingdom) (or other such amount as agreed between the parties in writing from time to time) per month for the ability for you to advertise Vacancies on our Website, without limit as to the number of Vacancies which may be advertised on our Website in that month for which you have paid (“Subscription”).
(together the “Fees”)
Terms relevant to Pay As You Go
7.2. For the avoidance of doubt, where you opt to pay for the Services on a Pay As You Go basis (as set out at clause 7.1.1 above), you shall not be entitled to a refund of any Fees paid to us by you for the advertisement of a Vacancy (or Vacancies) on our Website, in the event that you choose to terminate your Contract with us in accordance with Clause 8 below.
Terms relevant to Subscriptions
7.3. For the avoidance of doubt, where you opt to pay for the Services by way of the Subscription option set out at clause 7.1.2 above, you shall not:
7.3.1. be entitled to a rebate or discount in respect the Fees paid or to be paid to us where the number of Vacancies advertised by you on our Website during any monthly period is less than one in that monthly period; and
7.3.2. where the number of Vacancies advertised by you on our Website in a given month is less than one, be entitled to carry over to the following month, any unused Vacancy advertising slots that were not used by you (but paid for) in the previous month.
7.4. Where you opt to pay for the Services by way of the Subscription option set out at clause 7.1.2, payments of the relevant Fees (“Subscription Fees”) shall be made monthly, in advance, by direct debit and with the first payment of the Fees due at the point of Registration. If you fail to make payment of the Subscription Fees on or before the date on which such payment is due, we reserve the right to:
7.4.1. subject to and in accordance with clause 9.1, terminate this Contract in accordance with clause 8; or
7.4.2. to suspend your access to the Services (including without limitation withdrawing your organisation’s profile and all Vacancies advertised by you on our Website) until such time as all such outstanding payments have been made in full.
8. YOUR RIGHTS TO END THE CONTRACT
8.1. You can always end your Contract with us at any time by providing us with no less than 28 days’ notice in writing by sending such request to email@example.com (“Cancellation Notice”).
8.2. Upon cancellation of your Contract with us, we shall continue, for a period of 28 days from the date of your Cancellation Notice, or until such time as the Vacancies advertised are filled (whichever is the earlier), to advertise on our Website those Vacancies for which you have made payment of the relevant Fees prior to the date of your Cancellation Notice. After such time we shall:
8.2.1. remove your organisation’s profile from our Website without undue delay, or by such date as reasonable requested by you in your Cancellation Notice; and
8.2.2. remove any Vacancies you have advertised on our Website.
9. OUR RIGHTS TO END THE CONTRACT
9.1. We may end this Contract at any time, without liability, in writing to you if:
9.1.1. you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;
9.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, Including but not limited to, the Contact Details and or Company Details;
9.1.3. you commit a material breach of this Contract and (if such breach is remediable) fail to remedy that breach within 14 days of you being notified by us in writing to do so;
9.1.4. you take any step or action in connection with you entering administration, provisional liquidation or any compensation or arrangement within your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntary or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
9.1.5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
10. YOUR CONDUCT
10.1. You shall:
10.1.1. deal with each Candidate you may contact, or who may contact you through the Services in a fair and professional manner;
10.1.2. not do anything which may bring us into disrepute;
10.1.3. not download or leech, using any software other than an internet browser, the content contained on our Website (including but not limited to the CVs of Candidates who have registered with our Website), wholly or in part, for a reason other than in pursuance of recruiting a Candidate for a Vacancy you are currently advertising through our Website;
10.1.4. not make contact with Candidates for any reason other than for the recruitment (or potential recruitment) of that Candidate in respect of a Vacancy currently advertised by you on our Website;
10.1.5. not place on our Website advertisements for Vacancies which discriminate (or appear to discriminate) against individuals on grounds of sex, race, age or disability, save for where a requirement or qualification which appears to discriminate on the grounds of sex, race, age or disability does so in accordance with relevant legislation. Notwithstanding the provisions of this clause 10.1.5, if we, in our sole discretion determine that an advertisement placed by you for a Vacancy is discriminatory, we reserve the right to withhold such advertisement from our Website without liability.
10.1.6. ensure that all advertisements for Vacancies you place on our Website:
10.1.6.1. accurately describe the role being advertised;
10.1.6.2. are not misleading;
10.1.6.3. provide sufficient detail to enable a Candidate to determine if they have the necessary experience, qualifications and characteristics required by you to perform the role being advertised;
10.1.6.4. accurately describe the geographical location and or locations in which the employment opportunity is available.
10.1.6.5. state whether a Candidate will be required to work “door-to-door” selling products or services; and
10.1.6.6. state whether the employment opportunity being advertised by you on our Website is for a “commission only” role.
11. HOW WE MAY USE THE CONTENT YOU PROVIDE TO US ON OUR WEBSITE
11.1. When you register with our Website and through your use the Services, you may submit to us various materials including photographs, logos, advertisements for Vacancies and the material and information contained in your organisational profile (“User Content”).
11.2. By submitting User Content, you:
11.2.1. grant us, for the purpose of us providing the Website and our Services, a non-exclusive, worldwide, royalty-free, perpetual licence (with rights to sublicense on identical terms and in multiple tiers) to use, adapt, perform, display, reproduce, communicate to the public and distribute the User Content through any media now or in future known, which includes the right to display the User Content on and in connection with the Website and the Services;
11.2.2. grant to us and our assignees and licensees all consents which are or may be required (including under the Copyright, Designs and Patents Act 1988 and any statutory modifications or re-enactment thereof) for the use of the User Content, throughout the universe, in perpetuity, by any and all means and in any and all media now or hereafter known or devised;
11.2.3. waive in perpetuity in respect of the User Content the benefits of any moral rights under Part II, Chapter III of the Copyright, Designs and Patents Act 1998 (moral rights are certain rights that the owner of a copyright work has in relation to how that work is used) or the equivalent rights applying in any jurisdiction;
11.2.4. warrant to us that you have obtained all necessary consents (including, without limitation, those consents necessary under the Data Protection Act 1998 and all other applicable data protection laws which may apply to the use of the User Content from time to time) from any individuals who are featured in your User Content;
11.2.5. warrant to us that you own the User Content and have the right to grant the licence set out at clause grant us, for the purpose of us providing the Website and our Services, a non-exclusive, worldwide, royalty-free, perpetual licence (with rights to sublicense on identical terms and in multiple tiers) to use, adapt, perform, display, reproduce, communicate to the public and distribute the User Content through any media now or in future known, which includes the right to display the User Content on and in connection with the Website and the Services; and that the User Content does not infringe the intellectual property rights of any third party; and
11.2.6. warrant that any User Content submitted by you does not cause you to breach these Terms including the provisions of clause 13 below.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1. We will use the personal information you provide to us in order to provide the Services.
13. ACCEPTABLE USE OF OUR WEBSITE AND SERVICES
13.1. You warrant and undertake that you will use our Website and Services for lawful purposes only, and will not use our Website and Services:
13.1.1. in any way that breaches any applicable local, national or international law or regulation.
13.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
13.1.3. for the purpose of harming or attempting to harm minors in any way;
13.1.4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out at clauses 13.4 and 13.5 (“Content Standards”);
13.1.5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
13.1.6. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
13.2. You also warrant and undertake:
13.2.1. not to (or attempt to) reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by our Website and or Services;
13.2.3. not to access without our authority, interfere with, damage or disrupt:
12.1.1.a) any part of our Website;
12.1.1.b) any equipment or network on which our Website is stored;
12.1.1.c) any software used in the provision of our Website; or
12.1.1.d) any equipment or network or software owned or used by any third party.
13.3. When providing User Content to the Website, the following Content Standards apply to any and all User Content which you contribute to our Website. You must comply with the spirit and the letter of the following Content Standards. The Content Standards apply to each part of any User Content as well as to its whole.
13.4. User Content must:
13.4.1. be accurate (where they state facts);
13.4.2. be genuinely held (where they state opinions); and
13.4.3. comply with applicable law in the UK and in any country from which they are posted.
13.5. User Content must not
13.5.1. contain any material which is defamatory of any person;
13.5.2. contain any material which is obscene, offensive, hateful or inflammatory;
13.5.3. promote sexually explicit material;
13.5.4. promote violence;
13.5.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
13.5.6. infringe any copyright, database right or trade mark of any person;
13.5.7. be likely to deceive any person;
13.5.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
13.5.9. promote any illegal activity;
13.5.10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
13.5.11. be likely to harass, upset, embarrass, alarm or annoy any person;
13.5.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
13.5.13. give the impression that they emanate from us, if this is not the case; or
13.5.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
13.6. We will determine, in our discretion, whether there has been a breach of this Clause 13 through your use of our Website. When a breach of this clause 13 has occurred, we may take such action as we deem appropriate.
13.7. Failure to comply with this clause 13 constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
13.7.1. immediate, temporary or permanent withdrawal of your right to use our Website and the Services;
13.7.2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
13.7.3. issue of a warning to you;
13.7.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
13.7.5. further legal action against you; or
13.7.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13.8. We exclude liability for actions taken in response to breaches of this Clause 13. The responses described in clause 13.7 are not limited, and we may take any other action we reasonably deem appropriate.
14. LIABILITY AND INDEMNITY
14.1. We exclude all implied conditions, warranties, representations or other terms that may apply to your use of our Website and or the Services or any content on it.
14.2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
14.2.1. use of, or inability to use, our Website or the Services; or
14.2.2. use of or reliance on any content displayed on our Website or the Services.
14.3. In particular, we will not be liable for:
14.3.1. loss of profits, sales, business, or revenue;
14.3.2. business interruption;
14.3.3. loss of anticipated savings;
14.3.4. loss of business opportunity, goodwill or reputation; or
14.3.5. any indirect or consequential loss or damage.
14.4. Nothing in Terms shall limit our liability for:
14.4.1. death or personal injury arising from our negligence;
14.4.2. fraudulent misrepresentation or misrepresentation as to a fundamental matter; or
14.4.3. any other liability which cannot be excluded or limited under applicable law.
14.5. Subject to clause 14.4, our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Contract and during the term of this Contract shall be limited to the total amount of Fees paid to us during the term of this Contract, or £5,000, whichever is the lesser.
14.6. You agree to defend, indemnify and hold harmless us, our affiliates and their respective officers, directors, employees and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:
14.6.1. any content or other material you provide to our Website;
14.6.2. your use of our Website and Services and any contract contained within; or
14.6.3. your breach of these Terms.
15. VARYING THESE TERMS OF SERVICE
15.1. We advise you to print and retain a copy of these Terms. We reserve the right to modify these Terms from time to time, for any reason. If we do so we will notify you and you may then contact us to end the Contract before the changes take effect
15.2. If we make any material changes to our Terms (including the value of the Fees as set out at clause 7.1) we will notify you prior to the change becoming effective. Any such modification to these Terms will become binding and effective on the date posted or the date notified that such modifications shall take effect. You should cease to use the Website or the Services if you do not agree to any such modification.
16. INTERNATIONAL USE
16.1. The Services are provided by us for users who reside in the United Kingdom only. We make no representation or warranty that the information and/or the Services provided via our Website are appropriate for or available for use outside the United Kingdom.
17. RIGHTS OF THIRD PARTY NOT PART OF THIS AGREEMENT
17.1. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.2. Nothing in these Terms is intended to, nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms has no rights to enforce them.
18. DELAYS OUTSIDE OUR CONTROL
18.1. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract in accordance with Clause 9.
19. OTHER IMPORTANT TERMS
19.1. We may transfer our Contract with you to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.
19.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
19.3. These Terms constitute the entire agreement between us in relation to your purchase of and our supply of the Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement within these Terms.
19.4. If a court finds part of this Contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
19.5. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
19.6. Which laws apply to this Contract and where either of us may bring legal action. These Terms are governed by English law and either of us can bring legal proceedings in respect of the Terms in the English courts.