Terms & Conditions
Recruiter Terms and Conditions
Welcome to our website www.jobsinadvice.org.uk (“the Site”).
Please note: Each advert you post needs to be for one job only. If the job title, salary, location or job description are different for each of the roles you are recruiting then you need to post them in two separate adverts.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS SERVICE:
The following terms and conditions (“Terms”) form a legal agreement between You and AdviceUK a charity registered in England and Wales under charity number 299342, and a Company Limited by Guarantee, registered in England under company number 2023982, and whose registered office is at 101E, Universal House, 88-94 Wentworth Street, London E1 7SA (“AdviceUK”) for the use of the Site and any Services provided through it.
THESE TERMS MAY BE UPDATED PERIODICALLY AND YOU ARE ADVISED TO CHECK IT ON A REGULAR BASIS SO AS TO BE AWARE OF CHANGES. NO PROPOSED VARIATION, AMENDMENT OR CHANGES TO THESE TERMS ARE VALID OR HAVE ANY EFFECT.
1.2. In these Terms:
“Account” means the account which is set up for or by You to use the Site and Service;
“Candidate” means a person authorised by us to access and use the Site and any Services confirmed by us to them, subject to these Terms;
“Fee” means any sums payable by You to use any Service;
“Order” means an Order for Services via our website;
“Personal Data” means a Candidate’s personal data as defined under the Data Protection Act 1998 but also includes all associated information, documents and photographs that are provided by the Candidate, including any video and audio based recording generated for or through this Site or any Services offered through it;
“Recruiter” means You (or as the context may require) a company authorised by us to access and use the Site and any Services confirmed to them by us, and to access and use the Personal Data of a Candidate, subject to these Terms and any restriction which an individual Candidate may impose;
“Service” means any service which You have requested from us and which we have agreed and confirmed in writing to provide to You;
“us” “we” or “our” means AdviceUK; and
“You” means you, the Recruiter, who we have authorised to use the Site and any Services.
2. Placing an Order for Services
2.1. The fee stated on in the “Fees” section is per job advert. If You are a recruitment agency placing a job on behalf of a client, and You are a commercial company, the “Non-members (everyone else)” rate applies, even if Your client is a charity.
2.2. We may decide not to commence the provision of Services to You under any Order until any payment required and specified in the Order has cleared to us.
2.3. After placing an Order, you will receive confirmation of such Order through an automated purchase process. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy our Services. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that any Services are available to you. The contract between us will only be formed when we send you such confirmation.
2.4. The Contract will relate only to those Services which we have confirmed acceptance of. We are not obliged to supply any other Services which may have been part of your Order until confirmation of such Services has been confirmed in a separate written confirmation.
2.5. By placing an Order through our site, you warrant that:
2.5.1. You are legally capable of entering into binding contracts; and
2.5.2. You are at least 18 years old.
3. Charges and Payment Terms
3.1. When subscribing for a Service, You may be required to pay a subscription amount (as specified during the Order or Service registration or confirmation process) for that Service, in which case You shall pay the price for the level of subscription to AdviceUK which you have chosen plus any applicable value added tax which You shall pay in addition when You are due to pay for any Service.
3.2. From time to time, more than one Service may be offered through our Site and it is always possible that despite our best efforts, some of any Services listed on our Site may be incorrectly priced. We will normally verify prices as part of our confirmation procedure.
3.3. We are under no obligation to provide any Service to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
3.4. Our prices and charges for Services are:
3.4.1. confidential and may not be disclosed by You to any Third Party; and
3.4.2. are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you confirmation of.
3.5. Promotional terms may apply to the use of any Service from time to time. These do not affect Your use of any Service and any other offers which may apply, or provide you with additional rights. The promotional terms shall only apply for a restricted term and at the end of the term continued use of any Service shall be subject to standard charges.
3.6. We may (and You hereby agree) that We may undertake and perform a credit check on you at any point in time.
3.7. Without prejudice to any other right or remedy that AdviceUK may have, if You fail to pay AdviceUK on the due date, AdviceUK may:
3.7.1. charge interest on such sum outstanding at a rate of 4% above the base rate of Barclays Bank Plc;
3.7.2. suspend any Service until payment has been paid in full; and/or
3.7.3. terminate Your use of any Service.
4. Authorised Users
4.1. When you sign up to any Service, as part of our verification system we will send You access details via email as part of our company verification system. AdviceUK cannot be held responsible for fraudulent use of the Site, and it is up to You to ensure that all information uploaded or relied upon is accurate and used.
4.2. You shall maintain adequate security measures to protect the integrity and security of any security identification or password issued to or created by You. This shall include (but not be limited to) limiting access to any third parties who are authorised by You.
4.3. AdviceUK may audit Your use of the Site. If such audit reveals that use of the Site has been made by individuals who are not Authorised Users, then, without prejudice to AdviceUK’s other rights, You shall promptly disable access to those unauthorised Users and shall indemnify AdviceUK for any loss that is suffered as a result of the breach of these terms.
4.4. You are solely responsible for any and all activities that occur under Your account. You agree to notify AdviceUK immediately upon learning of any unauthorised use of Your account or any other breach of security.
4.5. From time to time, AdviceUK’s support staff may log in to the Site or your Account using Your password in order to maintain or improve the Site or Service, including to provide You with assistance with technical issues. You hereby acknowledge and consent to such access.
5. Use of any Service and Candidate Database
5.1. The material You are entitled to receive from the Candidate database is determined by any Services we have agreed to provide to You. On receipt of this material You may:
5.1.1. Use, or download the information provided from the Candidate interface and its associated functions for the purpose of finding suitable candidates for specific job vacancies that You or (if You are an employment agency or employment business) Your client wish to fill;
5.1.2. Use the information about the individuals contained in the database for the purpose of contacting them in relation to a specific job vacancy; and
5.1.3. Use the information only in connection with Your own recruitment-related activities and not for any other purpose.
5.2. Database rights and all other applicable copyright and intellectual property rights in the information and all databases on the Site belong to us. You acknowledge that You do not acquire any rights in the database or its content and that Your retention and use of the database and its content is governed by these Terms.
5.3. In certain circumstances a Candidate may request that any or all Personal Information relating to that Candidate is removed from the Site and may cease using Our Services. In these circumstances we will send You a notice requesting that you delete all information, data content and information relating to that Candidate and cease using any Services in connection with that Candidate.
5.4. You may only use the Candidate database and information and associated content strictly in accordance with these terms and conditions and you agree to indemnify us in connection with any claim by a Candidate that You have misused our Services and any Personal Data or assessment provided in connection with a Candidate.
6. Restrictions on Use
6.1. You undertake to supervise and control your access to and use of the Site and Service to ensure that these are only being used internally by You and always in accordance with these Terms.
6.2. You will not nor will You allow any third party to:
6.2.1. copy, modify, adapt, translate or otherwise alter the Site;
6.2.2. rent, lease, sell, assign or otherwise transfer rights in or to the Site;
6.2.3. remove any proprietary notices or labels on the Site; or
6.2.4. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Site;
6.2.5. supply, sell or license material from the Candidate database, or a copy of it, to any other person, including another member of Your group of companies;
6.2.6. download the database through any automated (e.g. “scraping”) process; or
6.2.7. contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies. You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.
6.3. You will comply with all applicable laws and regulations in Your access to and use of the Site and Service.
6.4. You agree the Site is proprietary to AdviceUK and that by accepting these terms and by using the Site You agree not to:
6.4.1. permit a third party not authorised by us to use the Site; or
6.4.2. provide a similar or competing service to the Site either directly or together with third parties.
6.5. You agree to permit AdviceUK and its authorised representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any information or documents, and to any records kept pursuant to these Terms, for the purpose of ensuring that you are complying with the terms of these Terms.
6.6. You agree to deal fairly and professionally with individuals You may contact using information from the candidate database and not do anything which may bring AdviceUK into disrepute. You will indemnify AdviceUK from and against any claim brought by a Candidate or any Third Party against AdviceUK arising from Your breach of this obligation or any of the terms of this agreement or as a result of Your use of any Services.
7. Fair Usage
7.1. You must not undertake any activity that has an adverse effect on the Site or Service.
7.2. If in AdviceUK’s opinion, You are using or attempting to use any Service at excessive levels (such determination to be made solely by AdviceUK) then AdviceUK may:
7.2.1. communicate with You and try to establish the reasons for the high usage and how Your usage patterns and habits can be modified to reduce your Use of any Service to reasonable levels;
7.2.2. apply management techniques to reduce the impact that Your usage is having upon the provision of any Service;
7.2.3. reduce or restrict Your capability to Use any Service; and/or
7.2.4. revise the charges for any Service to an upgraded price plan to reflect the increased and wider use of any Service.
7.3. Job adverts will remain on the website until their closing date or for six weeks, whichever comes first.
7.4. If you require an extension of the advert this needs to be communicated to AdviceUK in writing before the date of the original deadline.
8.1. Provided you notify us in writing that any Service does not conform to any agreed specification and such non-conformance is substantial and material to your use of any Service or Site, we will attempt to replicate and verify such non-conformance.
8.2. If we are able to do so, we will issue a fix, patch or update to correct that non-conformance.
8.3. We DO NOT WARRANT or make any representation or commitment:
8.3.1. that any Service will meet Your requirements;
8.3.2. that any Service will be uninterrupted or error-free, that defects will be corrected, or that any Service, or any other software used as part of any Service are free of viruses or other harmful components;
8.3.3. that the Use of any Service or any other information will be correct, accurate, up to date, complete, fit for purpose or otherwise reliable;
8.3.4. regarding the use of and/or output from any Service of content, correctness, accuracy, reliability or otherwise; or
8.3.5. that Personal Data provided by or regarding Candidates will be accurate, complete or valid and we will not accept liability for any error therein;
8.3.6. that access to the Site or use or reliance on any Service provided through it will be appropriate, available or lawful in all countries.
8.4. The warranties set out herein are instead of all other warranties, representations or conditions, express or implied, statutory or otherwise, including any implied warranties of satisfactory quality and fitness for a particular purpose.
8.5. No oral or written communications by or on our behalf shall create a warranty or in any way increase the scope of the warranties we have given.
9.1. Any Service and Site are provided on a “as is” and “as available” basis without warranty, condition or commitment of any kind, whether express or implied.
9.2. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your You information related to that transaction to the third party seller.
9.3. This Site and the information, documents and media contained in it relies upon and may contain, in whole or in part, the advice, opinions, recommendations, information and data produced or developed by the Candidate and other parties on behalf of the Candidate, the accuracy and completeness of which AdviceUK is not verify or be responsible for checking the accuracy, validity or completeness of.
9.4. You assume the entire risk in the information provided on or through the Site and remain responsible for ensuring that any reports, opinions, recommendations, forecasts or other comments submitted on it, whether or not produced using any Service, are accurate and complete.
9.5. It is Your responsibility to verify the Personal Data and any other information regarding a Candidate and AdviceUK do not accept responsibility or liability in respect of any report, media, information, document, photograph or recording that provides incorrect information regarding a Candidate and You agree to indemnify AdviceUK in respect of any loss, cost, expense or damage that We may suffer or incur as a result of, or in connection with any claim by any third party in respect of the same.
9.6. AdviceUK and/or their respective suppliers may make improvements and/or changes to any Service or Site at any time, with or without notice.
9.7. Once information has been submitted to Candidates, it cannot be retracted or withdrawn.
10. Limitation of Liability
10.1. To the maximum extent permitted by applicable law AdviceUK disclaims and excludes all liability (whether arising in contract, tort (including negligence), breach or statutory duty or otherwise) arising either directly or indirectly from:
10.1.1. any inaccuracy, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of information made available through the Site;
10.1.2. any failure by AdviceUK to perform any obligation caused by any event beyond its reasonable control;
10.1.3. the acts or omissions of Candidates based wholly or partly on information, documents or media that is generated through, or accessible from, the Site; or
10.1.4. any financial or similar loss of any kind, whether caused directly or indirectly, including: loss of profits, business, chargeable time, anticipated savings, goodwill, any business interruption or loss of or corruption to data however caused and whether arising under contract, tort, including negligence, statute or otherwise.
10.2. In addition to the above,
10.2.1. the content presented at this Site may vary depending upon Your browser functionality and limitations and AdviceUK accepts no liability if You cannot view any part or component of the Site or cannot access or receive the full functionality of any Service; and
10.2.2. AdviceUK reserves the right to change any information on the Site or provided by any Service including but not limited to revising and/or deleting features or other information without prior notice. AdviceUK shall not be held liable for any material available at the Site which is provided by any third party.
10.3. Where any matter gives rise to a valid claim against us, AdviceUK’s total liability shall be limited to a sum equal to any charges or fees paid to us by you, for the provision of any Service.
10.4. Our limitations of liability do not apply to or limit in any way our liability:
10.4.1. for death or personal injury caused by our negligence;
10.4.2. under section 2(3) of the Consumer Protection Act 1987;
10.4.3. for fraud or fraudulent misrepresentation; or
10.4.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.5. Where you buy any Service from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
11.1. You agree to indemnify, hold harmless and defend AdviceUK and its subsidiaries and group companies, at Your expense, in connection your use of our Services and in connection with any and all third-party claims, actions, proceedings, and suits brought against AdviceUK or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by AdviceUK or any of its officers, directors, employees, agents or affiliates, arising out of or relating to:
11.1.1. any violation of these Terms by You or any users of Your account;
11.1.2. reliance upon any information provided by You which results in a report we produce or work we undertake, being provided and used by third parties; and
11.1.3. Your violations of applicable laws, rules or regulations in connection with any Service. In such a case, AdviceUK will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defence of any claim. AdviceUK reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by You.
12. Copyright, Trade Mark and Intellectual Property Rights
12.1. Any Services we provide, including any reports and work produced as a result of our Service forms part of our business know how which is made available to You subject to the terms below.
12.2. You acknowledge that all intellectual property rights in the Site and any Service including but not limited to the all patents, copyrights and related rights (including rights in computer software), database rights, design rights, trade marks, service marks, trade names, rights in undisclosed or confidential information (such as business know how, trade secrets, inventions (whether patentable or not)) and internet domain names and other rights of a like nature (whether registered or unregistered) and all applications for such rights as may exist anywhere in the world and all licences and consents in respect of any of the rights or protections which exist anywhere in the world belong to AdviceUK or are licensed to AdviceUK, and that a right to use the Site and any Services is granted to You, and that you have no rights in, or to it or any associated documentation other than to use them in accordance with these terms, with the exception of the Personal Data where all rights are retained by the Candidate.
12.3. All contents of the Site are Copyright 2013 of AdviceUK, all rights reserved and AdviceUK reserves the right to refuse any advertising on the Site at its sole discretion.
13.1. Without prejudice to any other rights or remedies to which we are entitled, we may terminate these Terms and your access to and use of any Services if You:
13.1.1. are in material breach of these Terms and has not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied;
13.1.2. misuse any Services or acts in any way which may be to the detriment of the Site or any Services;
13.1.3. become bankrupt or insolvent or unable to pay Your debts (within the meaning of section 123 of the Insolvency Act 1986), or enter into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), pass a resolution for Your winding-up, have a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of Your assets, make any composition or arrangement with Your creditors or take or suffer any similar action in consequence of Your debts.
13.2. On termination of these Terms for any reason:
13.2.1. all rights granted to you under these Terms shall cease;
13.2.2. You must immediately pay to AdviceUK any sums due under these Terms;
13.2.3. no refunds or repayment of any charges or fees shall be made;
13.2.4. You shall cease to use any Service, and Your ability to Use this Service shall be terminated;
13.2.5. Any and all information previously submitted by You is not recoverable and there shall be no obligation upon AdviceUK to remove or update any data which has been created through or used on the Site;
13.2.6. You must destroy all originals and copies of any documentation, media or applications which have been downloaded as part of the use of any Service and which are in Your possession and cease any further use of this Service without the express written consent of AdviceUK; and
13.2.7. You must immediately delete or remove any Software or links from all computer equipment in your possession.
13.3. Our accrued rights as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.
14. Data Protection & Privacy
14.2. If You are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 (“the Act”)) it is Your responsibility to ensure that the use You make of information from our candidate database complies with Your obligations under the Act and the various regulations made under it, together with any applicable guidelines. These regulations are currently contained in the Conduct of Employment Agencies and Employment Businesses Regulations 2004. You agree to comply with the Act and these regulations as they affect the conduct of Your business and the use You make of information on our candidate database.
15. Assignment of Rights and Obligations
15.1. These Terms are binding on You and Us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Third Party Rights
16.1. These terms are made for the benefit of the parties to them and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, anyone else.
17. No Partnership or Agency
17.1. Nothing in these Terms is intended to or shall operate to create a partnership between you and us, or authorise a party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).