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Terms and Conditions ...

Client terms and conditions

The purpose of these terms and conditions (“the Terms”) is to explain the services of ecruit which are offered for use via this website www.ecruit.co.uk (“the Website”) and the limitations of liability that we retain.

ecruit is the trading name of DG Partnership Ltd (“ecruit”); a company registered in the UK, with a registered office at 95 Honeybrook Road, London, SW12 0DL and company number 10382813.  “We”, “us”, “our” and “ours” refers to ecruit.

You are a Client or potential Client of ours and the recipient of these Terms and “you” “your” and “yours” refers to you.

ecruit operate as an online advertising and employee selection service. By opening an Account and/or requesting an Advertising Campaign and/or a Headhunting Campaign (together referred to as the “Service” or “Services”) the Client shall be deemed to have accepted the Terms.  Upon acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows:

1. Advertising Campaign

ecruit provides an online candidate sourcing and recruitment service (“Advertising Campaign”) for a fixed fee (clause 4), which includes the following:

1.1. Professional review and revision of your request for the advertisement of a vacancy (“Advertisement Request”) to ensure maximum exposure of your vacancy to relevant jobseekers (the “Candidates”);

1.2. Publishing the ecruit approved advertisement (“the Advertisement”) to a number of well-known premium online job boards including national and industry specific job boards, and maintaining the Advertisement on such job boards for a period of between 7 and 28 days;

1.3. The Advertisement will be live on the job boards for a period of between 7 and 28 days depending upon the job boards used, the last live day of advertising being the “End Date”;

1.4. Updating the ecruit online portal (the “Portal”) with all CVs submitted in response to the Advertisement and providing full access to the Candidate’s details that are held by ecruit;

1.5. A filtering service for the CVs via the Portal in order to assist with the Client’s management of the recruitment process;

1.6. Access to the Portal for a period of 30  days after the Advertisement End Date;

1.7. ecruit is an online advertising and employee selection service and it operates outside the Conduct of Employment Agencies and Employment Business Regulations 2003

2. Headhunting Campaign

For an additional fee (see clause 4) the Client can purchase an enhanced service (“Headhunting Campaign”) which includes all services set out at clause one of these terms plus the following:

2.1. ecruit will target and approach on the Client’s behalf any Candidates it considers suitable via

2.2. 30 Candidate profiles will be identified and contacted by ecruit.

3. The Account

3.1. In order to submit an Advertisement Request the Client must create an account on Website, provide the requested information about the Client and purchase Credit(s) and/or Premium Credits(s) (see clause 4);

3.2. A Client can only create one account; multiple accounts are not permitted however multiple users from a Client can be registered once an Account has been created;

3.3. ecruit will be entitled to act upon all instructions and information provided to it via an Account from any registered user of the Account;

3.4. ecruit will retain the information provided by the Client and will use it for the purposes of providing the Services to the Client, and for providing marketing information to the Client in relation to ecruit’s activities and those of third parties. ecruit may also provide this information to third parties for the purposes of their marketing.

4. Fees and Payments

4.1. In order to submit an Advertisement Request and receive the Services the Client must purchase the requisite credits;

4.2. The Client will be given the option of purchasing:

4.2.1. single/ multiple Advertising Campaign(s) at £399 plus VAT each (the “Credit”); and/or

4.2.2.single/ multiple Headhunting Campaign(s) at £699 plus VAT each (the “Premium Credit”); and/or

4.2.3. a bespoke package the terms of which will be agreed with ecruit in advance in writing.

4.3. Credits and Premium Credits are valid for a period of 6 months from the time of purchase. If not used during that period (i.e. by submitting an Advertisement Request) they will expire and no longer be valid for the purpose of making an Advertisement Request. The Client will not be entitled to any refund for credits purchased but not used.

5. Advertisement Request

5.1.The Client must provide various information about itself and the Vacancy within the Advertisement Request, including:

5.1.1.the Client’s full corporate name, address and registered number, or (if it is not incorporated) its full business and trading name and address, and the nature of its business;

5.1.2.the nature of the Vacancy, including the type of work involved, its location, the hours of work, the commencement date and the likely duration;

5.1.3.the experience, training, qualifications and any authorisations which are required by the Client, including any qualifications or authorisations required by law or any applicable professional body;

5.1.4.>the minimum rate of remuneration and any other benefits;

5.2.Where the same vacancy is to be advertised for multiple locations or under multiple sectors, the Client will be required to purchase one Advertising Campaign or Headhunting Campaign for each location or sector.

5.3.The content of the Advertisement Request must comply with all applicable legal requirements, including in particular those relating to discrimination; it must be a true and accurate reflection of the Vacancy;

5.4.It is the responsibility of the Client to ensure that the information submitted with the Advertisement Request is accurate.   

5.5.In submitting an Advertisement Request the Client authorises ecruit to advertise the Vacancy without further notice to the Client on ecruit’s preferred online job boards;

5.6.Upon ecruit receiving an Advertisement Request that does not comply with the aforesaid requirements or provides inadequate or insufficient information about the Client and/or the Vacancy, ecruit may at its absolute discretion choose to amend the content to comply with the aforesaid requirements with or without prior approval of the Client; send a request via the Portal that the Client provide the additional information required; or reject the Advertisement Request.

6. The Advertisement

6.1.Upon the Client submitting a compliant Advertisement Request ecruit will make any changes it considers appropriate to (a) optimise the Advertisement and/or (b) meet the parameters accepted by a specific job board. 

6.2.Prior to publishing the Advertisement ecruit may at its discretion send it back to the Client with any proposed changes, for the Client’s approval. 

6.3.Within 24 hours of approval of the Advertisement by ecruit and/or the client ecruit will publish the Advertisement on a number of well-known premium online job boards including national and industry specific job boards.  ecruit will use its experience of the recruitment market to select appropriate job boards and job categories for the Advertisements, at its absolute discretion;

6.4.The preferred online job boards of ecruit change from time to time. Certain job boards may no longer be available after Credits or Premium Credits have been purchased as were previously available;

6.5.The Advertisement will be made available for the period allowed by each job board; this can vary generally between 7 days and 28 days, although such periods are subject to change;

6.6.The Advertisements will carry the branding of ecruit or third parties that work with ecruit.

6.7.Once an Advertisement has been published on a job board it cannot be changed.  If the Client wishes to amend an Advertisement after it has been published, the Client will need to purchase a new Advertising Campaign or Headhunting Campaign and submit a new Advertisement Request.

6.8.The Client may withdraw an Advertisement for any reason at any time and ecruit will comply with this request within a reasonable period.  The Client will not be entitled to a refund for any Credits purchased for the withdrawn Advertisement.

7. The Portal

7.1.The Client will receive applications for the advertised Vacancy straight into the Portal.  

7.2.ecruit will upload to the Portal all CVs that have been submitted to it in response to the Advertisement. CVs will remain in the Portal and be accessible by the client for the access period provided for at clause 1.6 of these terms.  In the event that the Client requires access to the Portal beyond the access period stated at clause 1.6, an additional fee will be payable to ecruit.  Such fee will depend upon the period of access sought, and will be negotiated on a case by case basis.  

7.3.The Client can engage on any basis any number of Candidates who submit CVs in response to the Advertisement without paying any additional fees.   

7.4.ecruit will periodically check the responses to the Advertisement, filtering candidate rejects with a red flag and candidates that pass the ecruit screening process with a blue flag. Full details of the ecruit filtering/ traffic light system are provided on the Portal.

7.5.The client can choose to contact the Candidate(s) directly via the Portal.  Notes can be added to Candidate profiles on the Portal including tagging them for future searching, filtering and flagging them depending upon the Client’s interest.

7.6.ecruit will use reasonable endeavours to keep the Portal available but does not guarantee any level of availability.  ecruit may change, update and/or enhance the Portal from time to time at its absolute discretion, and there may be periods of reduced access to the Portal at these times

7.7.ecruit takes reasonable steps to protect the Website, the Portal and its system generally, against attacks and malware, but cannot guarantee that the Client will not be affected by the same as a result of downloading from the Portal, and ecruit cannot be held liable for any damage suffered by the Client as a consequence;

7.8.The Client agrees that ecruit will monitor its use of the Portal and will retain records of such monitoring.

8. Applications

8.1.Applications may come to the Portal directly or via third party systems;

8.2.ecruit does not guarantee that back-up copies of Applications will be available through the Portal and is not responsible for Losses if access is not available for any reason.

8.3.The Applications are available for the personal use of the Client and they must not be provided to any third parties;

8.4.ecruit does not guarantee that an Advertisement will result in a suitable Candidate being found; Credits and/or Premium Credits will not be refunded if suitable Candidates are not found.

9. Client’s Acknowledgments

9.1.The Client acknowledges that ecruit does not verify information provided by the Candidates at any stage, and is not responsible for inaccurate or misleading information provided by Candidates. 

9.2.The Client is 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.  It is the sole responsibility of the Client to satisfy itself as to the suitability of any Candidate for the Vacancy.

9.3.On the occasion that the Client does not fill the Vacancy following the Advertisement, it acknowledges that it will not be entitled to any refund or future discount.

10. Data Protection compliance

10.1.To the extent that any data or information belonging to the Client is personal data within the meaning of the Data Protection Act 1998 or equivalent legislation in the territory:

10.2.ecruit will process such data and information only in accordance with the Client's instructions;

10.3.ecruit will not transmit such data and information to a country or territory outside the European Economic Area without the Client's prior express written consent; and

10.4.ecruit will take such technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate to the Client as data controller.

11. Confidentiality

All information provided to and work undertaken for the Client by ecruit is provided on a confidential basis.

12.Warranties, liability and indemnities

12.1.The Client accepts and agrees that ecruit gives no warranty as to the suitability of any Candidate for any Vacancy;

12.2.ecruit does not represent, warrant or undertake to find a suitable or any Candidate for any Vacancy advertised;

12.3.Neither ecruit nor any of its staff will be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the engagement of a Candidate whose CV is uploaded to the Portal in response to an Advertisement, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of ecruit.

12.4.In particular, but without limitation, ecruit will not be liable for any loss, injury, damage, expense or delay arising from, or in any way connected with:

12.4.1.any failure of the Candidate to meet the Client’s requirements for all or any of the purposes for which the Candidate is required by the Client;

12.4.2.any act or omission of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; or

12.4.3.any loss, injury, damage, expense or delay suffered by a Candidate.

12.5.Except in the case of death or personal injury caused by the ecruit’s negligence, the liability of the ecruit under or in connection with these Terms whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever will not exceed £1,000.

12.6.Neither Party will be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

12.7.The Client will indemnify and hold harmless the ecruit from and against all Claims and Losses arising from loss, damage, liability, injury to ecruit, its employees and third parties, by reason of or arising out of:

12.7.1.any loss, injury, expense or delay suffered or incurred by a Candidate, however caused; and/or

12.7.2.any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise, that arises directly or indirectly out of or in any way connected with arising out of or in any way connected with the engagement or use of a Candidate, the withdrawal by the Client of a Vacancy and/ or cancellation of an Advertisement, any information supplied by the Client to ecruit or the Client’s breach of these Terms.

12.7.3.‘Claims’ will mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise), and ‘Losses’ will mean all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.

13. Termination

Without prejudice to the other remedies or rights a Party may have, ecruit may terminate this agreement, at any time, on written notice to the Client:

13.1.if the Client is in breach of its obligations under this Agreement and, if the breach is capable of remedy within 5 working days, the breach is not remedied with 5 working days of the Client receiving notice which specifies the breach and requiring the breach to be remedied;

13.2.the Client fails to pay any sums due to ecruit by the agreed date;

13.3.the Client is using the Services and/or the Portal for an use which ecruit exercising its absolute discretion, considers improper or damaging to them and/or ecruit generally.

On termination, the Client will pay for all services provided up to the date of termination, for which payment has not yet been received by ecruit.

14. General

14.1.Neither Party shall have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance that result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so;

14.2.No amendment or variation of these Terms will be valid unless confirmed as agreed, in writing, by an authorised signatory of each Party;

14.3.Neither Party may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under these Terms without the prior written agreement of the other Party;

14.4.No failure or delay by the ecruit in exercising any right, power or privilege under the Terms will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights and remedies provided by law.

14.5.The Terms will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Terms. Neither Party will have, nor represent that it has, any authority to make any commitments on the other Party’s behalf.

14.6.If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from the Terms and rendered ineffective as far as possible without modifying the remaining provisions of the Terms, and will not in any way affect any other circumstances of or the validity or enforcement of the Terms.

14.7.No Party will issue or make any public announcement or disclose any information regarding this agreement unless before such public announcement or disclosure, it furnishes all the Parties with a copy of such announcement or information and obtains the approval of such persons to its terms. However, no Party will be prohibited from issuing or making any such public announcement or disclosing such information if it is necessary to do so to comply with any applicable law or the regulations of a recognised stock exchange.

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

15. Entire Agreement

These Terms contain the whole agreement between the Parties in respect of online advertising and employee selection service provided by ecruit and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into the Terms. Nothing in this agreement excludes liability for fraud.

16. Governing Law & Jurisdiction

The validity, construction and performance of the Terms is governed by English law and will be subject to the exclusive jurisdiction of the English courts to which the Parties submit.

 

Candidate terms and conditions

The purpose of these terms and conditions (“the Terms”) is to explain the services of Ecruit which are offered for use via this website [              ] (“the Website”) and the limitations of liability that we retain.

Ecruit is the trading name of DG Partnership Ltd (“Ecruit”); a company registered in the UK, with a registered office at 95 Honeybrook Road, London, SW12 0DL and company number 10382813.  “We”, “us”, “our” and “ours” refers to Ecruit.

You are a Candidate or potential Candidate of ours and the recipient of these Terms and “you” “your” and “yours” refers to you.

1. Acceptance

These Terms are deemed to be fully read and accepted by the Candidate upon electronic acceptance of these Terms during registration on the Website (“Registration”), or in the case of a Candidate who has not completed registration, when an application (“Application”) is made in response to an advertisement on the Website or via a third party job board website (“Advertisement”).  No variation or alteration to these Terms or any representations about the services shall have any effect unless expressly agreed and confirmed in writing by a director of Ecruit.

2. Services Generally

2.1. We act as intermediary connecting jobseekers with potential employers via the Advertisements which may appear on third party websites and/or the Website (the “Service”).

2.2. For the avoidance of doubt Ecruit does not act as agent for any third party in its provision of the Service.

2.3. Ecruit does not make any representation whatsoever about any Advertisement accessed either on, by virtue of or by way of any links from the Website.  Ecruit relies on information provided to it by third parties including advertiser clients and accordingly it is a matter for the Candidate to satisfy itself as to the suitability of any Advertisement found directly or indirectly through the Website.

2.4. Ecruit shall be entitled at any time without notifying the Candidate 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.

2.5. Any intellectual property, ideas, concepts, know-how or techniques developed by Ecruit or obtained during the execution of the Services will be owned exclusively by Ecruit.

2.6. Ecruit shall not be responsible for any failure to provide the Services, or unavailability of the Website, as a result of circumstances beyond its reasonable control.

2.7. The Candidate accepts that Ecruit shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Candidate's failure to comply with these Terms.

2.8. The Candidate agrees to provide Ecruit, in such a format as Ecruit may request, any information necessary to enable Ecruit to provide those services.

2.9. Ecruit shall not be obliged to provide those Services until the Candidate has supplied it with the information, necessary to provide those Services.

3. Your Information

3.1. The information that provided upon Registration and in any Application in response to an Advertisement, including for the avoidance of doubt any CV or other document uploaded by the Candidate (the “Information”), will be used by Ecruit to provide the Service.

3.2. In providing this Service to you, you consent to the Information, including your personal data being included on a computerised database and consent to us transferring your personal details to our clients.  

3.3. We may check the Information collected with third parties or against other information held by us. We may also use or pass to certain third parties information to prevent or detect crime, to protect public funds, or in other ways permitted or required by law.

3,4, Ecruit has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any of the Information or CV accepted by it.

3.5. Ecruit may refuse, withdraw, or require to be amended, any of the Information or CV which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon Ecruit or the Candidate or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.

3.6. The Candidate hereby confirms and acknowledges that the Information and in particular the CV supplied are a true and accurate reflection of their education, employment, training history and that their personal details are correct; and if any of the Information is found to be false or inaccurate in any way, Ecruit reserves the right to remove those details and/or suspend the use of the Services on the Website for the Candidate.

4. Warranties, liability and indemnities

4.1. Neither Ecruit nor any of its staff will be liable to the Candidate for any loss, injury, damage, expense or delay incurred or suffered by the Candidate arising directly or indirectly from or in any way connected with the Service provided by Ecruit, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of Ecruit.   

4.2. Except in the case of death or personal injury caused by the Ecruit’s negligence, the liability of the Ecruit under or in connection with these Terms whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever will not exceed £1,000.

4.3. Neither Party will be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

5. Termination

Without prejudice to the other remedies or rights a Party may have, Ecruit may terminate this agreement, at any time, on written notice to the Candidate:

5.1. if the Candidate is in breach of its obligations under the Terms and, if the breach is capable of remedy within 5 working days, the breach is not remedied with 5 working days of the Candidate receiving notice which specifies the breach and requiring the breach to be remedied

5.2. ;the Client is using the Service, or the Website for a use which Ecruit exercising its absolute discretion, considers improper or damaging to them and/or Ecruit generally.

6. General 

6.1. No amendment or variation of these Terms will be valid unless confirmed as agreed, in writing, by an authorised signatory of each Party.

6.2. No failure or delay by the Ecruit in exercising any right, power or privilege under the Terms will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights and remedies provided by law.

6.3. If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from the Terms and rendered ineffective as far as possible without modifying the remaining provisions of the Terms, and will not in any way affect any other circumstances of or the validity or enforcement of the Terms.

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

7. Entire Agreement

These Terms contain the whole agreement between the Parties in respect of the Service provided by Ecruit and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into the Terms. Nothing in this agreement excludes liability for fraud.

8. Governing Law & Jurisdiction

The validity, construction and performance of the Terms is governed by English law and will be subject to the exclusive jurisdiction of the English courts to which the Parties submit.