Terms & conditions – Updated 26th September 2017
Partners Of Research LTD (“Hiring People) of Unit 4 The Mews, 16 Hollybush Lane, Sevenoaks, Kent TN13 3TH with company number 8521222 and “we”, “us”, “our” and “ours” refers to Hiring People, for the purposes of this agreement, includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) Hiring People.
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 Hiring People. Upon such acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows:
- Definitions & Meanings
- In these Terms, the following words and phrases shall have the following meanings unless the context requires otherwise:
“Account” means the account registered on the ATS by or on behalf of the Client.
“Advertisement” means a notice designed to attract Applications from Candidates in relation to a Client’s Requirement.
“Applicant Tracking System” or “ATS” means an online portal provide by Hiring People allowing Clients to add new Requirements, search and review Applications, and coordinate their recruitment campaign.
“Application” means a Candidate’s response to a Client’s Advertisement.
“Candidate” means a person who responds to an Advertisement.
“Credits” a credit entitles the Client to place one Requirement with Hiring People
“Fees” means the fees and charges payable by the Client as specified or referred to in these Terms.
“Intellectual Property” means patents, trademarks, 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 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 Hiring People to introduce a Candidate or provide any other advertising, searching or filtering service. For the avoidance of doubt Hiring People is not acting as an employment agency as defined in the Employment Agencies Act 1973. Hiring People is purely a way for employers and candidates to meet and is not involved in the actual transaction between Clients and Candidates.
“Requirement Guidelines” each Requirement and Advertisement must conform with all applicable legal requirements, including 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 and must accord with Hiring People’s acceptable use policies (which apply both to the content and to the nature of the position). In addition, each Requirement or Advertisement must be in English and contain at least the following information:
- Job Title
- Hours of work, including information about part-time working and job-sharing
- Location(s) at which the Applicant will need to work (these should be exact rather than generic)
- Term of the engagement (whether permanent or fixed term, and if fixed term, the length of the term and any potential renewals)
- A description of the role
- Necessary or desirable qualifications and experience
“Resume” 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 Hiring People by a Candidate for distribution to Clients with a view to securing a Requirement.
“Service” means any service that Hiring People provides to its Client under the terms of their contract.
“User” means any person acting on behalf of the Client and authorised by the Client to use the Client’s Account.
- All references to a statutory provision shall be construed as including references to:
- 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.
- The Services are provided solely for the internal business use of the Client; the Client may not resell or sub-license the Services, provide them on a service bureau basis or otherwise make them available directly or indirectly for the benefit of any third parties. This includes allowing a third party to access the Client’s Account.
- Hiring People may amend these Terms from time to time and notice of this will appear on the Hiring People’s website and your Account and continued use of the Services after the provision of such notice will constitute acceptance of the revised terms.
How to recruit online through Hiring People:
- Client agrees Service Agreement
- Client defines its Requirement and uploads its Advertisement to the ATS
- Client purchases Credits
- We optimise the Advertisement to attract candidates
- We upload the Advertisement to selected job boards
- Client sifts Candidates using our ATS
- Client makes offers to suitable Candidate(s) it selects
Creation of Account and use of information
- The Client’s first step is to create an Account. Only one Account and one primary User may be created for each Client. The Client may add additional Users under additional usernames within a single Account. Hiring People will be entitled to act on instructions and information placed on the ATS by the Client’s Users as acting on behalf of the Client. The Client is responsible for monitoring its Account for messages sent by Hiring People: the Client will be deemed to have notice of communications sent to its Account.
- During the Account opening process, the Client will be required to provide security details including a password; subsequently the Client may be requested to create similar information in relation to services such as provision of API feeds or may be given an API key. The Client must keep the information needed to access its Account and the Services secure and confidential, and should reset these details and notify Hiring People if it believes that its security or confidentiality may have been prejudiced. Hiring People is not liable for any misuse of security information by the Client, any User or a third party who has obtained this information.
- Hiring People will retain the Client and User information provided and will use it for the purposes of providing services to the Client, and of providing marketing information to the Client in relation to Hiring People’s own activities or those of third parties. Hiring People may also provide this information to third parties for the purposes of their marketing.
ATS and provision of information
- Hiring People’s Services are provided through its ATS. Hiring People will use reasonable endeavours to keep the ATS available but does not guarantee any level of availability. Hiring People will change, update and enhance the ATS from time to time, and there may be periods of downtime or reduced access associated with this. Hiring People retains all rights in the ATS.
- The ATS allows the Client to communicate with Candidates in various ways. Whenever this happens the Client:is responsible for the content of all communications (even if Hiring People has had the opportunity to review or challenge that content);
- is responsible for the content of all communications (even if Hiring People has had the opportunity to review or challenge that content);
- must ensure that all communications are courteous and respectful;
- must comply with all applicable laws (including employment legislation and data protection legislation) and act in accordance with good practice.
- The Client will indemnify Hiring People for all Loss it may suffer in relation to a Requirement or Advertisement, any Client communication with a Candidate, or any other action taken by the Client on the ATS or in relation to a Candidate. The Client will assume responsibility at its own expense for the conduct of any dispute between it and a Candidate.
- Equally, Hiring People does not verify information provided by Candidates at any stage, and is not responsible for inaccurate or misleading information provided by Candidates.
- The ATS is an IT system that offers various types of functionality. It is offered ‘as is’ and Hiring People does not warrant that it will be compatible with all Client systems. It is the Client’s responsibility to ensure that it has the technological capability to access the features of the ATS. The Client acknowledges that certain functionality will also require that a Candidate has access to technological capabilities (such as webcams or sufficient broadband or email capacity) and provides accurate contact information. In addition, the ATS places certain limitations on the way in which it can be used (for example in relation to file size and format). Hiring People is not liable if either the Client or a Candidate does not have the capability to access or use all or any part(s) of the ATS, provides inaccurate information (including inaccurate contact details), or does not follow other technical guidelines.
- Hiring People takes reasonable steps to protect its systems, including the ATS and its website, against attacks and malware, but cannot guarantee that the Client will not be affected by viruses or other harmful or malicious code due to accessing or downloading from the ATS.
- The Client must not link to the ATS without Hiring People’s permission and must ensure that it does not damage the ATS, including through any viruses, harmful code or malware, denial of service attack. Its use of the ATS must be reasonable and for the purposes of benefiting from Hiring People’ Services. The Client may not attempt to reverse engineer or decompile the software underlying the ATS or to replicate (exactly or substantively) the look and feel of the ATS, including its user interface and processes. Hiring People may suspend a Client’s Account if the Client is in breach of these Terms.
- The Client agrees that Hiring People will monitor its use of the ATS and will retain records of such monitoring.
Credits and Requirements
- Once a Client has created its Account it may begin to recruit. To recruit, it must begin by purchasing the requisite number of Credits, and must maintain a valid means of payment which is registered against its Account to do so. Payment methods accepted by Hiring People will be shown on the website and may change from time to time. The Client can check the number of available Credits and the time left before they expire through its Account.
- Clients should note that their recruitment activity through Hiring People will become public knowledge and may be found by their own employees. Hiring People is not liable for any consequences of this, and the Client should be ready to manage these issues as they arise.
- Once the Client has purchased the Credits, it should define its Requirement, create its Advertisement and upload this to the ATS and finally purchase credits
- For the avoidance of doubt, the Client shall not be entitled to a refund in respect of Credits purchased but not used.
- Clients should note that if they receive multiple Applications in response to a single Advertisement, they are free to recruit all Candidates, and that no additional monies are payable even if only one Credit was used to place the original Requirement.
- The Client must ensure that each Requirement and Advertisement complies with the Requirement Guidelines; Hiring People may reject non-compliant Requirements. Clients should note that where inadequate or non-specific information is provided in a Requirement it will reduce Hiring People’s ability to target the Advertisement effectively and may well reduce the level or quality of response.
- The Client must ensure that the Requirement and Advertisement are accurate and gives a true picture of the vacancy.
- Hiring People also provides the opportunity for a Client to upload jobs by supplying a customised API feed. We will monitor this feed and contact the Client when we notice a new Requirement, asking it to validate the information we have collected and authorise Hiring People to Advertise the Requirement.
- No refund is due where no applications are received.
Advertisement of the Requirement
- Once the Client has uploaded its Advertisement to the ATS, Hiring People will select the appropriate online job boards in accordance with the packages advertised online. Hiring People does not guarantee a deadline for this, but will post the Advertisement reasonably promptly.
- Hiring People reserve the right to changes the job boards that it posts Advertisements to. As such certain job boards may not be available after purchasing Credits, these changes will be displayed on the website
- New job boards that are added after the Advertisement for a Requirement has been placed may incur an additional fee, should the client wish to upgrade their package.
- Because not all job boards use the same parameters, Hiring People will use its discretion and experience to tailor Advertisements to meet the parameters accepted by a specific job board and will do so on the basis of its view of what would provide the closest fit with the Requirement. Hiring People may also modify Advertisements at its discretion to ensure compliance with law or with the Requirement Guidelines. Hiring People will obtain the Client’s approval for any modifications before posting the Advertisement to a job board. Any delay in the Client granting such approval may result in a delay in the Advertisement being posted.
- The Advertisement will then be available for the period allowed by each job board; this is usually 28 days but can vary from 7 days to 42 days (and may indeed alter further outside this range as practices develop).
- The Client acknowledges that unless otherwise stated, Hiring People will take reasonable steps to avoid Advertisements directly or indirectly identifying the Client, unless the client chose the Branded package.
- The Client may withdraw its Requirement for any reason at any time and Hiring People will comply with this request; however, the Client will not be entitled to a refund.
- Applications may come to the ATS directly or via third party systems (in which case Hiring People is dependent on the quality of those third-party systems). The ATS is not able to access covering letters or paper based applications.
- Hiring People asks Candidates to complete an equal opportunity monitoring form; this information can be provided to the Client in anonymised form if requested and provided that there are sufficient numbers of people involved that the anonymization will be effective.
- Hiring People will format Applications into a common format (please note that the conversion process is not always perfect in its presentation, though actual content will not be affected)
- Hiring People will provide Applications to the Client at intervals to be agreed with the Client; alternatively, the Client may set up an API feed on the ATS to access Applications directly. The Client should not poll the API feed more often than every fifteen minutes.
- Hiring People will provide the Client access to Applications through the ATS for six months from the time that the job is advertised;
- The Client may use Applications for fulfilling its Requirements but should not make the Applications available to any other person.
- We do not guarantee that an Advertisement will result in a suitable Candidate being found; Credits will not be refunded if suitable Candidates are not found. 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.
- Hiring People may contact the applicants to let them know of additional jobs and/or offers.
Further steps and other options
- The Client may ask Candidates to answer filter questions. Such questions should comply (where relevant) with the Requirement Guidelines, and the Client is responsible for formulating the questions. If Candidates mistakenly answer questions incorrectly they may be excluded, so, whilst the ATS offers the Client the flexibility to construct its questions as it wishes, the Client is advised to make filter questions both relevant and clear.
- The Client may also set up online video interviews with Candidates. The Client is free to set these interviews up as it wishes, and so the questions and the format of these video interviews are the Client’s responsibility. An additional Fee will be charged for this service.
- The Client may:
- provide an application form which Hiring People will make available to Candidates; or
- request Hiring People to provide the Candidate with a hyperlink to another website (such as a Client site containing an online form).
- Social Media: Hiring People can publicise the Advertisement through social media networks. The Client will need to give its username/password details for each social media site to Hiring People access to facilitate this. Hiring People will use these details only in providing this service and will take reasonable precautions to keep these details confidential and secure.
- Media Buying: If requested by the Client, Hiring People can buy media space for use in relation to the Client’s Advertisements. The Client must pay for this space in advance and the use of such space will be subject to the terms and conditions of the media owner/provider. All Applications will be processed using the ATS. We make no guarantee that suitable Candidates will be found using media buying.
- Flat Fee Recruitment Services: If requested by the Client, Hiring People can undertake additional services to support them with their recruitment.
Some of the services are:
- Hiring People will review CVs
- Identify ideal candidates across our own database, job boards & social platforms.
- Submit candidates
- Carry out competitor research
- Compile longlists
- Candidate reviews with clients
- Interview qualified candidates
- Present short list of candidates to clients.
Upon tasking the brief from the client, a service level agreement (SLA) with agreed & the following key performance indicators will be agreed.
- Job boards database that candidates will be generated from
- Social platforms that candidates will be generated from
- Number of CVs generated for long list
- Number of interviews undertaken
- Number of candidates presented to client in short list
- Length of time each stage will take
- There is no guarantee that suitable candidates will be found using Flat Fee Recruitment Services. No refund is due if no candidates are found.
- The client can recruit as many candidates from the campaigns as they wish
Intellectual Property and Data Protection
- Hiring People does not grant the Client any rights to the Hiring People brand, the ATS, Hiring People’s database of resumes and Applications, the Advertisements or the Applications, and, as between the parties, will retain all Intellectual Property in them. The Applications will be retained on the Hiring People database and are made available to the Client on a non-exclusive basis.
- In our processing of personal data as part of the provision of Services to you, Hiring People will act as a data processor and the Client will be the data controller. In this context, Hiring People will maintain reasonable levels of technical and organisational security precautions to protect such personal data. It shall 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 it from performing its obligations under this Agreement or to any client. The Client acknowledges that the ATS is a shared platform and cannot be customised specifically for the Client.
- Hiring People will retain Resumes and Applications and will act as data controller.
- The Client acknowledges 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.
- You give us permission to disclose our business relationship to other parties to promote Hiring People’s provenance. This includes (but is not limited to) your company name and 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 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.
- Any public statements you wish to make (in any media) will be agreed in advance with Hiring People.
- Your confidentiality obligations above are for the benefit of both Hiring People and the Candidates in question. Under the Contracts (Rights of Third Parties) Act 1999, we will allow Candidates to enforce these duties directly against You.
Fees & Payment
- The Fees should be taken as those stated on our website or company literature or as otherwise agreed by a representative of Hiring People and the Client at the time of receiving a Requirement or (in relation to Credits) at the time of purchasing the Credit.
- Our Fees are subject to change without notice. Changes to Fees will be set out on the Hiring People website or via any other means of communication. As indicated in the definition of Credits, such changes will not apply retrospectively to Credits already purchased.
- Payment is due upfront and may be made by online, by credit card, BACS or cheque. A pro-forma invoice may also be issued for upfront payment. Hiring People will not start work on your vacancy until payment has been received. We reserve the right to charge for certain methods of payment.
- 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.
- 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.
- The Client is responsible for any costs incurred from late payment of an invoice, including legal costs.
- We may terminate this agreement at its sole discretion 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 Hiring People on the due date any sums that may be due;
- the Client is using the Service for any improper use, creating a service or product competing with Hiring People, exceeding reasonable requests, or is acting in such a way as to damage, or with the intention of damaging, the reputation of Hiring People.
- Hiring People maximum aggregate liability to the Client for any Loss arising in connection with this agreement or the Services performed by Hiring People shall not exceed one thousand pounds (£1,000).
- In no event 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.
- Hiring People is not liable for any:
- loss of revenue or profit;
- loss of opportunity;
- loss of reputation; or
- loss or corruption of data,
- in each case whether direct or indirect.
- Nothing in these Terms shall have effect to limit our liability for loss or damage arising out of personal injury or death or acts of fraud (including fraudulent misrepresentation). Hiring People is not acting as agent for the Client.
Entire Agreement and general provisions
- 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. No terms shall be implied into these Terms by operation of law (including statue or statutory regulation) or otherwise.
- 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.
- No changes can be made to these Terms or to the contract between Hiring People and the Client without written consent by a director of Hiring People.
- 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 Hiring People or the Client partners, joint ventures, principals, agents, or employees of the other.
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.