TERMS OF BUSINESS
In these Terms the following words and phrases shall have the following meanings unless otherwise stated:
1.1. “flatraterecruiting.co.uk” means Flatraterecruitment Group Ltd of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ
1.2. “Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced.
1.3. "Fees" means the fees and charges payable by the Client as specified or referred to in these Terms.
1.4. “Job Boards” means the websites that or social media sites that flatraterecruiting.co.uk have deemed a suitable medium through which to advertise the Client’s vacancy.
1.5. “Vacancy” means the role that has been described by the Client.
1.6. "Advertisement" means a notice designed to attract Applications from Candidates in relation to a Client’s Requirement.
1.7. "Applicant Tracking System" or "ATS" means an online portal provide by flatraterecruiting.co.uk allowing Clients to add new Requirements and review Applications.
1.8. "Loss" means any action, claims, costs, damages, demands, expenses (including legal expenses on a solicitor-client basis) fines, liabilities, losses or penalties.
1.9. "Requirement" means a request from the Client in any form for flatraterecruiting.co.uk to introduce a Candidate. For the prevention of doubt flatraterecruiting.co.uk is not acting as an employment agency as defined in the Employment Agencies Act 1973.
1.10. "Requirement Guidelines" each Requirement and Advertisement must conform with all applicable legal requirements, including in particular those relating to discrimination.
Each 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
- 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
1.11. "User" means any person acting on behalf of the Client and authorised by the Client to use the Client's Account.
1.12. “Applicant” means the person that has applied for the vacancy through any job board advertising or online site or e-mail.
1.13. "Candidate" means a person who responds to an Advertisement
1.14. By using our services, you are deemed to have accepted these terms and condition.
1.15. No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Client/Business and the Director(s) of flatraterecruiting.co.uk
2.0. FEES PAYABLE
2.1. flatraterecruiting.co.uk charges a flat fee of £150 + VAT per advertisement, for bulk purchase rates please refer to our packages section of the website.
2.2. We do not charge commission on placements and there are no additional fees to pay.
2.3. Payment is due upfront and may be made by credit card, BACS or cheque. A pro-forma invoice may also be issued for upfront payment. flatraterecruiting.co.uk will not start work on your vacancy until payment has been received.
2.5. Payment is due 7 days from the date of the invoice.
2.6. Our fee is non-refundable, except for where we are in material breach of these terms.
2.7. 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.
3.0. USING FLATRATERECRUITING.CO.UK
3.1. Once an order confirmation has been received flatratecruiting.co.uk will provide the following service:
3.2. Clients are required to create an account to use the service. Each client shall be entitled to one account, sign up details will be sent to the client after payment has been made.
3.3. flatratecruiting.co.uk will provide a draft advert for approval. This draft advert will be compliant with current laws and legislations and remains the property of flatratecruiting.co.uk.
3.4. Once the advert is approved by the Client this will be distributed across pre-selected job boards.
3.5. All applications will be received into the client Applicant Tracking System (ATS) section of flatratecruiting.co.uk where the Client will have access to see, review and communicate with the applicant(s).
3.6. flatratecruiting.co.uk cannot guarantee a particular level of success to a vacancy; response rates vary from job type and location.
4.0. OUR LIABILTY
4.1. flatraterecruiting.co.uk accepts no liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site without limitation any liability for:
Loss, damage or delay arising from any failure to provide candidates.
4.2. Loss of or damage to property or for any loss or injury to persons arising directly or indirectly from any act or omission by any candidate even if such act or omission is negligent, reveals dishonesty, misconduct, shows lack of skills or in any other way.
4.3. Loss of business
4.4. Loss of income or revenue
4.5. Loss of profits or contracts
4.6. Loss of anticipated savings
4.7. Loss of data
4.8. The client hereby acknowledges that it will not rely upon any statement or representation about an applicant made by or on behalf of flatraterecruiting.co.uk whether orally or in writing and the client will take all reasonable steps to be satisfied as to the suitability of an applicant before making any appointment.
4.9. The relationship between flatraterecruiting.co.uk and you exists only with us as an introductory platform and you as a Client.
4.10. flatraterecruiting.co.uk shall have no interaction with the applicants, or be party to any communication between you and the applicant(s)
5.1. Candidate information is provided to the client in the understanding that this is in confidence and must not be passed to any third party.
5.2. flatraterecruiting.co.uk will hold all applicants in their online system in accordance with Data Protection Laws
5.3. We cannot accept responsibility for the content in an Applicants CV, their answers, eligibility to work in the UK and criminal record will need to be verified by the Client.
5.4. The Client will keep all Applicant information strictly confidential and will act in accordance with the Data Protection Laws.
6.1. flatraterecruiting.co.uk does not take up formal references and will not be held responsible for the taking up of references.
7.1. We may terminate an advertisement and your account, at any time without notice at our discretion if:
7.2. You breach these terms and the breach continues for a period of more than 5 working days after you have received written notice from us to rectify the breach.
7.3. If you are misusing the service, acting illegally or acting in a way to damage flatraterecruiting.co.uk name, reputation or service.
8.1. In the unlikely event that you should have a complaint, please direct it to us at firstname.lastname@example.org or call us on 0845 644 0935
9.0. GOVERNING LAW AND JURISDICTION
9.1. These terms and conditions are governed by English law and flatraterecruiting.co.uk and the client agree to submit to the exclusive jurisdiction of the English courts.
1.1. “Advertisement” means any advertisement of a vacancy made by a Client using Our service.
1.2. “Application” means an application made by You in respect of a vacancy advertised through Our service.
1.3. “Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced and who has accepted terms and conditions comprising a service agreement for use of Our services.
1.4. “Profile” means Your CV, covering letter and any supplementary information, which is provided to Us by You for distribution to the hiring Client with a view to securing employment.
1.5. “You” are an individual who is registering on our Website as an applicant or applying to a vacancy via third party websites/job boards or other media through Our service, subject to these Terms, for the purpose of seeking employment, and “Your” shall be construed accordingly.
1.6. "We" means Flatraterecruitment Group Ltd of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ
2.0. YOUR APPLICATION
2.1. You understand that the recruiting Client has the overriding responsibility for short listing of potential candidates, and its decision regarding interviewing and job offers shall be final. You agree that any decision taken by the Client does not represent Our opinion, and We are not in a position to influence or appeal any such decision on Your behalf.
2.2. Whilst We do Our best to encourage all Clients to review their job applications on a regular basis, and to respond to them quickly You agree that We have no liability in the event that:
a) the Client does not respond to Your job application with either an invitation or a rejection, or at all; or
b) the Client fails to contact You to arrange an interview after submitting an interview request; or
c) the Client fails to attend an arranged interview; or
d) the Client fails to follow-up with You after any interview that has occurred.
2.3. You agree that You are responsible for Your own costs incurred during the interview process. If You agree with a Client that they will subsidise the cost of You attending them for interview, any such agreement would be made between Yourself and the Client directly, and We shall have no liability in respect of any such agreement.
2.4. You understand that You are solely responsible for satisfying Yourself of the suitability of the Client as a potential employer, and the suitability of the advertised position for You before attending any interview or accepting any job offer and that We have no liability to You in respect of any feature or characteristic of the Client, the advertised position, or the advertisement itself.
2.5. Whilst We encourage Clients to provide feedback to unsuccessful applicants, We cannot guarantee that they will do so, and accept no liability in the event that such feedback is not made available, or in respect of the contents of any such feedback that is provided
PLEASE NOTE THAT YOUR EXISTING EMPLOYER MAY BE A USER OF OUR SERVICES AND MAY THEREFORE BECOME AWARE OF YOUR JOB SEARCH ACTIVITIES THROUGH FLATRATERECRUITING.CO.UK
3.0 DATA PROTECTION
3.1 Your Profile is not made available for public viewing and will only be viewed by the recruiting Client in relation to your job application. In accordance with the Data Protection Act 1998, access to Your personal data is strictly controlled and You can request its removal from Our database at any time by emailing email@example.com detailing Your full name and email address. For security reasons We can only remove accounts where the request comes from the matching email address, and You agree that this is reasonable in the circumstances.
3.2 You agree that by submitting a Profile and applying for a vacancy, Your Profile will be made available to the hiring Client.
3.3 For the purposes of clarification We do not work on Your behalf to find suitable work opportunities, but simply process applications that You have made in respect of a job advert which has been posted by Us on behalf of a Client.
3.4 We may from time to time send You information about relevant vacancies, but We shall not submit Your Profile to any Client unless and until You have confirmed Your interest in the vacancy in writing (to include by email).
4.0 CONTENTS OF YOUR PROFILE
4.1 You warrant that the details in Your Profile are true and accurate and do not materially misrepresent Your skills, qualifications or experience.
4.2 In the event that We, in Our sole discretion, believe that Your Profile includes data which:
e) is illegal, immoral, obscene or offensive; or
f) is designed to or is likely to cause disruption to any computer system or network; or
g) does not comply with legal obligations placed upon You or Us; or
h) infringes a third party's rights; or
i) infringes any statutory or regulatory requirements; or
j) includes Your personal contact details; or
k) is false or inaccurate in any way; or
l) contains information by which a third party may be personally identified, where such third party has not given their direct and express permission to be so identified.
- You agree that We may, at Our discretion, either remove Your Profile entirely or remove or amend the offending data to prevent it from offending any of the provisions of this clause
4.3You warrant that You satisfy the necessary immigration requirements of the United Kingdom or of the country in which the vacancy is situated, in respect of any position for which You apply.
5.1In 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.
5.2We are not liable for any:
1. loss of revenue or profit;
2. loss of opportunity;
3. loss of employment;
4. loss of reputation; or
5. loss or corruption of data,
in each case whether direct or indirect.
5.3 Nothing in these Terms shall have effect so as to limit our liability for loss or damage arising out of personal injury or death or acts of fraud (including fraudulent misrepresentation). WE are not acting as agent for the Employer.
6.1 These terms and conditions shall apply to Your submission of Your Profile in respect of vacancies advertised by Us on behalf of Clients, unless they are replaced by subsequent terms (as advised by Us to You either by email or by a notice on Our web site) or they are terminated under clause 6.2 below.
6.2 Either You or We may, at Your or Our discretion, terminate the provision of the service to You at any time by notice in writing to the other party (the "Defaulting Party") if the Defaulting Party is in breach of these terms and fails to remedy such breach within 5 days of notice from the other party requiring it to be remedied.
7.1 Notices required or permitted to be given under these terms shall be:
m) if addressed to Us, made in writing and delivered by post to Flatraterecruitment Group Ltd of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ or
n) if addressed to You, made in writing and delivered by e-mail to the address provided in Your details submitted during application or as subsequently amended by You, and You will be deemed to have received such notification within one hour of transmission.
7.2 You are responsible for notifying Us in writing (to include by email and via Our web site) of any changes to Your e-mail address and in making such notification You shall request an acknowledgement of receipt.
8.1 If any provision of these terms shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
8.2 Any waiver by Us of any breach of or any default under any provision of these terms by You will not be deemed to be a waiver of any subsequent breach or default and will not in any way affect the other provisions of these terms.
8.3 Failure or delay by Us in enforcing or partially enforcing any provision of these terms will not be construed as a waiver of any of its rights under these terms.
8.4 Neither You nor We intend that any clause of these terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
8.5 You must satisfy Yourself regarding the terms of employment relating to any position which You may be offered and it is understood and accepted that We shall have no responsibility in respect of such terms of employment.
9.0 GOVERNING LAW AND JURISDICTION
9.1 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.