Recruiter Terms & Conditions JobsTheWord Ltd.
These Conditions are deemed accepted by the Recruiter when:
- the Recruiter clicks on the Register button on the Site thereby creating an Account, or;
- the Recruiter provides instruction to JobsTheWord to create an Account on their behalf.
1.1. In these Conditions the following words and phrases shall have the following meaning unless the context requires otherwise:
any job advertisement issued by JobsTheWord on behalf of an Recruiter including: Vacancy Advertisements, Featured Recruiter Listings and Featured Recruiter Profile Listings.
a Jobseeker who applies for a vacancy advertised on the Site;
an application made by a Jobseeker to a vacancy on the Site;
these Terms & Conditions;
the contract for the supply of any Services by JobsTheWord to the Recruiter comprising these Conditions and an Order Form;
the curriculum vitae or brief outline details of a Jobseeker's education, training, skills and employment experience which is uploaded to the Site by a Jobseeker for the purpose of making an Application;
the person(s) or Company who has entered into an agreement with JobsTheWord for use of the Site and Services including Direct Employers, Recruitment Agencies and Managed Service Providers;
pages on the Site containing a searchable list of all Recruiters using the Services;
a page on the Site that contains information about an Recruiter. Such information may contain a company description, company logo, links to their own website, as well as links to any advertisements on the Site;
a period of time where JobsTheWord supplies Services to Recruiters for no fee;
Featured Recruiter Listing
a listing whereby Recruiter logos are displayed on the right hand side of the Site on most pages;
Featured Recruiter Profile Listing
a listing whereby an Recruiter Profile is in a prominent position on the Site (usually containing that Recruiter’s Logo, a brief description and a link to their Recruiter Profile page), such as the Homepage or Recruiter Directory;
the fees and charges payable by the Recruiter as specified in an Order Form;
the web page found at http://www.jobstheword.co.uk ;
any person who uses the Site for the purpose of finding employment;
Jobs The Word Limited (company number 07651107);
Managed Service Provider
a company acting as a 3rd party for a Direct Recruiter where that company is using the branding of that Direct Recruiter in any Advertisement, as well as using Direct Recruiter contact details such as URL and using an email address issued to them by the Direct Recruiter;
the order form entered into between the Recruiter and JobsTheWord;
an employment agency or an employment business as defined by The Employment Agencies Act 1973
the Services which JobsTheWord has agreed to provide to the Recruiter during either the Free Trial and/or on the Order Form;
the site at www.jobstheword.co.uk or any other website operated by JobsTheWord;
any person who could be described as a Jobseeker, Referrer or Recruiter as set out in the Conditions;
an Advertisement used by an Recruiter for the purposes of advertising a vacancy within their company;
2. Services Generally
2.1. The Recruiter agrees to provide JobsTheWord, in such a format as JobsTheWord may request, any information, design work, artwork and logos necessary to enable JobsTheWord to provide those Services.
2.2. JobsTheWord shall not be obliged to provide those Services until the Recruiter has supplied it with the information, design work, artwork and logos necessary to provide those Services.
2.3. Once a Contract is formed, the Contract may not be cancelled by the Recruiter.
2.4. The Recruiter may remove an Advertisement from the Site before the Advertisement has reached its expiry date, but shall not be entitled to a refund for the time not used.
2.5. JobsTheWord reserves the absolute right, without giving any reasons, to decline, cancel or remove any Advertisement or provision of Services for any reason and at any time without prior notice.
2.6. An Advertisement or Service which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act or the Age Discrimination Act. A statement must be made at the time the Advertisement is placed or Service used saying which of the exemptions in the Act(s) is considered to apply.
2.7. JobsTheWord will use its reasonable endeavours to publish the Advertisement or provide the Services on the agreed date. JobsTheWord does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Services and has the right at its sole discretion to decline to publish or omit, suspend or change the position of any Advertisement accepted by it.
2.8. JobsTheWord may at its discretion and without prior notice, report to the relevant authorities any Advertisement or Service used which in its reasonable opinion is being used for an improper or illegal purpose by an Recruiter. JobsTheWord may also disclose information about any Recruiter to any third party, as JobsTheWord shall deem necessary to protect its interests or the interests of Recruiters, Jobseekers, Applicants and/or other Users of the Site.
2.9. JobsTheWord shall be entitled at anytime without notifying the Recruiter 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.
3.1. A Vacancy Advertisement will be displayed for a maximum of 30 days from the time of posting unless the Recruiter expires that Advertisement or instructs JobsTheWord to do so;
3.2. The Recruiter agrees to provide either;
- 3.2.1. a valid email address to receive Applications, including CVs from Applicants, or;
- 3.2.2. a valid link to a webpage where a User may make an Application for the vacancy as described in the Vacancy Advertisement;
3.3. JobsTheWord may edit, remove or refuse to publish any Vacancy Advertisement:
- 3.3.1. containing unnecessarily repeated words or phrases which cause a false positioning in the search results seen by a User;
- 3.3.2. advertising products, services, businesses or websites, including, but not limited to, franchises, pyramid selling, network marketing, multi-level marketing and 'get rich quick' schemes.
- 3.3.3. which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age;
3.4. A Vacancy Advertisement shall contain the details of, accurately describe and pertain to no more than a single vacancy;
3.5. JobsTheWord may edit or remove any Featured Recruiter Listing or Featured Recruiter Listing unless subject to an agreement in the Contract.
4. Recruiter Profiles
4.1. The Recruiter agrees to make all reasonable efforts to ensure to that all information contained within their Recruiter Profile is true and accurate.
4.2. Where the Recruiter instructs JobsTheWord to create the Recruiter Profile on their behalf, JobsTheWord will not be liable for any inaccuracies within that Recruiter Profile.
4.3. In uploading any company logo to their Recruiter Page, the Recruiter acknowledges and agrees that the logo/image does not infringe upon any third party copyrights, trademarks, or other proprietary rights.
4.4. JobsTheWord will not be liable for any infringements of any third party copyrights, trademarks, or other proprietary rights that arise from any content contained within the Recruiter Profile.
5. Obligations of the Recruiter
5.1. The Recruiter hereby undertakes and warrants to JobsTheWord:
- 5.1.1. to use all reasonable precautions against access of the Site (or any website that is, or may become linked to any website) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Recruiter’s hardware and the rest of the Site;
- 5.1.2. to comply with the provisions of the Data Protection Act 1998 or relevant legislation with regard to any Applicant information received by it and in particular to keep such information confidential.
- 5.1.3. the reproduction and/or publication of the Advertisement by JobsTheWord as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render JobsTheWord liable to any proceedings whatsoever and the Recruiter indemnifies JobsTheWord against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by JobsTheWord as a result of this undertaking and warranty being incorrect;
- 5.1.4. any information supplied by the Recruiter in connection with the provision of the Services is accurate, complete and true;
- 5.1.5. in respect of any Advertisement which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Recruiter has obtained the authority of such living person to make use of such name, representation and/or copy;
- 5.1.6. each Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
- 5.1.7. no Advertisement contains any data, image or other material which;
- 1) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material.
- 2) is defamatory, threatening or racially, ethnically or otherwise objectionable.
- 3) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person.
- 4) infringes the rights (including, without limitation, the intellectual property rights) of another person.
- 5) is designed or likely to cause disruption to any computer system or to any network.
- 6) is illegal or designed or likely to induce an illegal act.
5.2. The Recruiter is responsible for ensuring that the content of any Advertisement and the use of the Services is not discriminatory, obscene, defamatory, or in any other way illegal or in breach of any legislation. The Recruiter also agrees to comply with all relevant industry Codes of Practice.
5.3. The Recruiter acknowledges that it is not vested with any proprietary rights in respect of the Site, or any CV or other information submitted by any Applicant.
5.4. The Recruiter shall indemnify JobsTheWord against all claims made by the third parties in respect of the misuse of the data supplied to the Recruiter.
5.5. The Recruiter shall obtain from the Applicant as much information about the Applicant's qualifications and experience as is necessary for determining whether the Applicant is suitable for employment, and shall ascertain that the Applicant has such qualifications as are required by law.
5.6. The Recruiter shall ensure that the Applicant is fully aware of any conditions imposed by law, which must be satisfied by the Applicant and that any employment resulting therefrom shall be legal.
5.7. The Recruiter agrees not to employ, or make arrangements to employ, a young person (being a person under the age of 18) who is attending, or has ceased to attend school, unless the Recruiter has made all such enquiries as are reasonably practicable for the purposes of ascertaining that the young person has received vocational advice.
5.8. The Recruiter shall ensure that the Applicant, before departing for the employment, receives a written statement in a language they understand giving full details of their employment.
5.9. The Recruiter agrees to keep a written record of all job applications, for a period of not less than one year from the date of employment or, where no employment results, from the date the job application is rejected.
5.10. The Recruiter shall not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from JobsTheWord
5.11. The Recruiter:
- 5.11.1. acknowledges that the Recruiter and JobsTheWord may agree that JobsTheWord can accept instructions in relation to the Services (without having to refer to the Recruiter) from any of the following persons;
- (a) any person agreed between JobsTheWord and the Recruiter; and
- (b) any person to whom the Recruiter provides passwords to or is set up to make use of the Services by using facilities offered by JobsTheWord for such purposes.
The Fees payable shall be those prices set out in the Order Form.
Any discounts offered for the provision of Services will be at the discretion of JobsTheWord.
8.1. Payment for Services will be made according to the payment terms specified in the Order Form.
8.2. If the Recruiter fails to make any payment by the due time then all moneys owing by the Recruiter to JobsTheWord shall immediately become due and payable and the provisions of clause 8.4(b) shall forthwith apply to such moneys.
8.3. JobsTheWord will provide invoices to each Recruiter in accordance to the terms in the Order Form. Liability for payment arises from provision of the Services. Further, all items on the invoice are deemed to be payable and any errors or omissions must be communicated to JobsTheWord in time to be rectified before payment becomes due. Payment for the provision of the Services shall be made as aforesaid whether or not the Recruiter shall have provided JobsTheWord with an order number at the time of signing the Order Form.
8.4. The Recruiter agrees to pay to JobsTheWord in respect of each item of Services for which payment is not made by the due time:
- (a) the sum of £25.00 as an administration charge; and
- (b) interest on the amount paid late at the rate of 4% per annum above the base rate of The Bank Of England accruing from day to day (including the date on which payment was due) both before and after judgment.
8.5. All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Recruiter shall be additionally liable.
9.1.JobsTheWord does not verify or guarantee any Applicant's details whether forwarded to the Recruiter via JobsTheWord or otherwise. JobsTheWord accepts no responsibility as to the suitability of Applicants who respond to Advertisements or Services.
9.2. The Recruiter shall satisfy itself as to the suitability of any Applicant and shall take up any reference provided by the Applicant before engaging any such Applicant.
9.3. The Recruiter shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Applicant, and shall satisfy itself of any medical or other requirements or qualifications required by law.
9.4. JobsTheWord does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Recruiter's use of (or inability to use) this Site.
9.5. JobsTheWord makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programmes and/or that the Site shall operate uninterrupted and error-free.
9.6. JobsTheWord does not accept liability, of any description, howsoever arising, for any loss or damage caused to any Recruiter, or any other third party, arising from any virus or other impairing computer program contained in any CV submitted by any Applicant.
9.7. JobsTheWord does not accept liability for:
- 9.7.1. any loss of copy, artwork, photographs, data or other materials that the Recruiter supplies to JobsTheWord and the Recruiter shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
- 9.7.2. any mistakes or errors whatsoever that arise during the course of publication of any Advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Recruiter.
10.1. The Recruiter agrees to indemnify JobsTheWord and to keep JobsTheWord indemnified in respect of, but not limited to, all damages, costs or liabilities that JobsTheWord may incur arising from an Advertisement or use of any Service, and in particular resulting from the following:
- 10.1.1. the publication of any defamatory statement;
- 10.1.2. breach of copyright;
- 10.1.3. any claims made by any person in respect of race, religion, age, sex or disability discrimination;
- 10.1.4. any breach by the Recruiter of any warranty given hereunder.
11.1. Except as otherwise provided by statute, JobsTheWord disclaims all warranties, express or implied by law of statute, in relation to, but not limited to, the Site.
12. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of England and Wales and each party irrevocably submits to the exclusive jurisdiction of its courts.