PrimeMploy's Terms and Conditions for Employers and Recrutiment Agencies
Employer Terms and Conditions
1.1. In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:-
Any advertisement issued by primeMploy on behalf of the Client (including but not limited to those in connection with Advertising Services);
Job Advertisements, Semi-Display Advertisements, Display Advertisements, Corporate Brochures, Sponsorship Banners, Homepage Banners, Email Sponsorship, Advertising and Application Forms;
A Jobseeker who applies for a vacancy advertised on the Site;
A web page that is available and uses a template containing questions supplied by the Client, which is attached to a Job Advertisement;
The facility provided by primeMploy to enable the Client to manage applications by enabling the Client to view CVs, covering letters, completed Application Forms, Key Questions scores and reports, grade and record notes about the Applicants;
A person who uses the Site for the purpose of finding employment;
The party or person who agrees to these terms and conditions;
These Standard Terms and Conditions;
The Service Agreement for the supply of any Services by primeMploy to the Client comprising these Conditions and a Service Agreement;
A web page which contains text, graphics, data, files and links which are used to promote a corporate message;
The curriculum vitae or brief outline details of a Jobseeker's education, training, skills and employment experience which is provided to primeMploy by a Jobseeker for distribution to Clients with a view to securing employment;
A web page which usually contains up to a maximum of 2500 characters of text, which are used to advertise a single vacancy, available to Jobseekers via online search;
The person to whom the Client's services are provided;
The fees and charges payable by the Client for the provision of the services, such fees to be displayed on the site from time to time;
The sponsorship of a message of up to a maximum of 50 words on a specific selection of the newsletter / marketing emails;
A permit granted to the Client to utilise one or more CV Services;
A vacancy Advertisement which containing text only which is available via online search via the site;
Live Vacancy Listing
A page of the Site which lists all the currently live vacancy Advertisements of any particular Client;
For the purposes of job advertising a month refers to a 28 day period.
Any person working on behalf of the Advertising Agency, Direct Employer or Recruitment Agency Client and who is authorised by the Client to use the Services;
An Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made there under);
The services which primeMploy has agreed to provide without limit any advertisement services pursuant to the Service Agreement and these Conditions;
The service agreement entered into between the Client and primeMploy, which includes these conditions;
The Site at www.primemploy.co.uk or any other website operated and maintained by primeMploy from time to time which primeMploy may designate for the purpose of the Service Agreement;
A person who visits a specific page of the Site within a specific time period.
1.2 In these Conditions:
1.2.1. References to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
1.2.2. References to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admits or requires;
1.2.3. Words importing persons include individuals, bodies corporate and unincorporate;
1.2.4. Headings will not affect their construction.
2.1. These Conditions to the exclusion of all previous terms and conditions issued by primeMploy shall apply to any Service Agreement entered into after the date on which these Conditions were posted on the Site.
2.2 These Conditions are deemed to be fully read, understood and accepted by the Client.
2.3. No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of primeMploy.
3.1. PrimeMploy shall be entitled at anytime without notifying the Client 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.
3.2. Any intellectual property, ideas, concepts, know-how or techniques developed by primeMploy or obtained during the execution of the Services will be owned exclusively by primeMploy.
3.3. With effect from the Start Date primeMploy shall provide the Services for the Term subject to the provisions of these Conditions.
3.4. PrimeMploy shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control but the Client accepts that it shall still be responsible for the payment of the Fees as if the Services had been properly provided.
3.5. The Client accepts that:
3.5.1. PrimeMploy shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Client's failure to comply with the Service Agreement;
3.6. PrimeMploy will only make available or supply copies of the CVs which have been received by it for distribution to prospective employers for the purpose of securing suitable employment for the Jobseekers and the Client accepts that primeMploy makes no warranty whatsoever as to the availability of the Jobseekers.
3.7. PrimeMploy may, at its discretion and without notice, report improper or illegal use of CVs or the Services by the Client to the relevant legal and/or professional bodies including the Department of Employment, the Office of the Information Commissioner and the Recruitment and Employment Confederation.
3.8 For the avoidance of doubt, the employer shall only be entitled to access the full details of any jobseeker if it has paid the appropriate fees in full.
If the Services include an Advertisement then the provisions of this clause 4 shall apply thereto.
4.1. The Client agrees to provide PrimeMploy, in such a format as PrimeMploy may request, any information, design work, artwork and logos necessary to enable PrimeMploy to provide those Services.
4.2. PrimeMploy shall not be obliged to provide those Services until the Client has supplied it with the information, design work, artwork and logos necessary to provide those Services. Such information shall be supplied within 5 days of the date of the Service Agreement, or such later date as agreed by primeMploy. If the Client fails to supply primeMploy with the information then clause 3.5 shall apply.
4.3. PrimeMploy shall make such modifications to any Advertisement as are reasonably requested by the Client provided that primeMploy reserves the right to charge the client depending on time and costs involved. Any charges will be agreed prior to the work being done.
4.4. Advertisements will become live on the Site only when the Client has approved the design work, set-up, artwork and logos. If a Client has been authorised to approve any design work, artwork or logos on behalf of the End Client, then the Client must provide proof of this in writing to primeMploy on request.
4.5. The Client accepts that PrimeMploy cannot guarantee the number of occasions on which any individual Advertisement appears on the Site and that no obligations are imposed on PrimeMploy in this regard.
4.6. Subject to clause 5.6, Advertisements placed on the Site may be cancelled and removed following written notification from the Client and will be charged for the Term as described in the Service Agreement as if such cancellation had not occurred and the Services had been properly supplied in full.
4.7. PrimeMploy has the right at its sole discretion to decline to publish or omit, suspend or change the position of any Advertisement accepted by it.
4.8. PrimeMploy may refuse, withdraw, or require to be amended, any artwork, materials or copy for or relating to an Advertisement which is illegal, immoral, obscene, offensive or otherwise prejudicial to the interests of primeMploy or its clients or users of its services or so as to comply with the legal or moral obligations placed upon PrimeMploy or the Client or to avoid infringing a third party's rights or any statutory or regulatory requirements.
If the Services include Job Advertisements, the provisions of this clause 5 shall apply thereto.
5.1. Job Advertisements are available to Employers and Recruitment Agencies and accordingly, if the Client has requested that primeMploy provides Job Advertisement Services:
5.1.1. The Client confirms that it is an Employer or a Recruitment Agency;
5.1.2. If requested by PrimeMploy the Client will promptly provide to PrimeMploy such evidence as primeMploy requests to prove that the Client is an Employer or a Recruitment Agency;
5.1.3. PrimeMploy shall not be obliged to provide the Services (or shall be entitled to suspend them) until the Client has provided such evidence.
5.2. All Job Advertisements are to be entered online by the Client, sent in the primeMploy email template to a PrimeMploy email address or sent in a specific PrimeMploy file format to a PrimeMploy file directory notified by PrimeMploy to the Client.
5.3. Job Advertisements will be sent out to all relevant Jobseekers on a weekly basis via the Email service for each week that they are live on the Site and to any new relevant Jobseekers registered within that week.
5.4. PrimeMploy will convert each vacancy described in a 'Semi-Display Advertisement' to a Job Advertisement for the purposes of distributing via e-mail.
5.5. Job Advertisements will remain live on the Site and available for searching via the internet for the number of weeks requested by the client, but in all circumstances up to a maximum of 52 weeks, where a single week equals one Job Advertisement.
5.6. Any Job Advertisement placed on the Site may be expired and removed by the Client. The Client will be charged for the full number of weeks for which the Job Advertisement was originally placed.
5.7. PrimeMploy will use reasonable endeavors to procure that Job Advertisements will become live on the Site within 1 hour of submission to the Site.
5.8. Job Advertisements can be modified in any way whatsoever, by the Client, once they have been submitted to PrimeMploy.
5.9. Job Advertisements may link only to a Client's Corporate Brochure or Live Vacancy Listing or contact details but may not contain a link, or references, to the Client's own Web Site.
5.10. Job Advertisements may only contain one email address, which must be in the specific place designated by PrimeMploy and must not be part of the text describing the vacancy.
5.11. A Job Advertisement shall contain the details of a single vacancy.
5.12. PrimeMploy may edit, remove or refuse to publish any Job Advertisement:
5.12.1 Containing unnecessarily repeated words or phrases which cause a false positioning in the search results seen by a Jobseeker.
5.12.2 Advertising products, services, businesses or websites, including, but not limited to, franchises, pyramid selling, network marketing, multi-level marketing and 'get rich quick' schemes.
5.13. If requested by the Client, PrimeMploy shall send an email to the Client to remind it that a particular Job Advertisement or is about to expire on the Site.
5.14. Where the Client chooses to use vacancy posting software to submit a Job Advertisement to the Site, the Client accepts that any malfunction of, or change to, the vacancy posting software or its incompatibility with primeMploy's systems causing incorrect, missing or multiple submissions to the Site is entirely the responsibility of the Client and the Client agrees that any quota of Services used and Fees incurred will be payable in full.
If the Services include Corporate Brochures, the provisions of this clause 6 shall apply thereto.
6.1. Corporate Brochures shall be provided in the form supplied by the Client to primeMploy provided that they comply with the provisions of this Service Agreement. Subject to clause 4.3, primeMploy shall make such modifications to any Corporate Brochures or Display Advertisements as are reasonably requested by the Client.
6.2. In relation to Corporate Brochures:
6.2.1. Corporate Brochures will remain live on the Site for a period of time agreed by both PrimeMploy and the client, as requested by the Client.
6.2.2. Corporate Brochures may contain a brief company description, contact details one images and one link to the Client's website.
6.2.3. Corporate Brochures may contain up to a maximum of 2500 characters of text, per page.
6.3. PrimeMploy may refuse, withdraw, or require to be amended, any artwork, materials or copy for or relating to a Corporate Brochure which is illegal, immoral, obscene, offensive or otherwise prejudicial to the interests of primeMploy or its clients or users of its services or so as to comply with the legal or moral obligations placed upon PrimeMploy or the Client or to avoid infringing a third party's rights or any statutory or regulatory requirements.
If the Services include Email Sponsorship, the provisions of this clause 7 shall apply thereto.
7.1. Any sponsored message may contain a link only to a Client's Corporate Brochure or Live Vacancy Listing or any individual Vacancy Advertisement.
7.3. The Client accepts that primeMploy cannot guarantee the number of recipients of the Email Sponsorship and that no obligations are imposed on PrimeMploy in this regard.
If the Services include CV Services, the provisions of this clause 8 shall apply thereto.
8.1. The Services are subject to any instructions from a Jobseeker that his or her details should or should not be made available to the Client. In the event that primeMploy has reason to believe or suspect that its CV Services are being abused by the Client, including but without limitation to the breach of this Clause 8, primeMploy reserves the right to immediately suspend or terminate the Service Agreement.
8.2 The CV Online service will (under normal circumstances) be available to the Client at all times and for each License will allow up to a maximum of ten of the Client's Recruiters access to all CVs on the Site.
8.3. PrimeMploy cannot guarantee the minimum number of new CVs available on any CV Service on any given day.
8.4. PrimeMploy will (under normal circumstances) ensure that CVs are made searchable online within one hour of receipt of the CV from a Jobseeker via CV Online.
8.5. Each CV Online and is available in multiples of Months, as requested by the Client.
8.6. In relation to the CV Services the Client shall ensure that no automatic extraction software (to include software tools commonly known as robots and spiders) or any other means, are engaged or deployed, either on a temporary or a permanent basis, or unless specifically requested by the Client and approved in writing by PrimeMploy, to facilitate the downloading or capturing of volume quantities of CVs from the primeMploy database irrespective as to which CV Service has been purchased from PrimeMploy.
If the Services include the completion of Application Forms by or on behalf of the Client then the provisions of this clause 9 shall apply thereto:
9.1. The Client shall ensure that the Application Forms completed by it or on its behalf:
9.1.1. Are not discriminatory offensive, illegal, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
9.1.2. Are not defamatory, threatening or racially, ethnically or otherwise objectionable;
9.1.3. Are not designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
9.1.4. Do not infringes the rights (including, without limitation, the intellectual property rights) of another person.
9.2. Application Forms are live on the site in multiples of Months, as requested by the Client.
10.1. The Client hereby undertakes and warrants to PrimeMploy that:
10.1.1. In relation to any Advertisement the Client enters into the Service Agreement as a principal notwithstanding that the Client may be acting directly or indirectly for an End Client;
10.1.2. The reproduction and/or publication of the Advertisement by PrimeMploy as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render PrimeMploy liable to any proceedings whatsoever and the Client indemnifies primeMploy against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by PrimeMploy as a result of this undertaking and warranty being incorrect;
10.1.3. Any information supplied by the Client in connection with the provision of the Services is accurate, complete and true;
10.1.4. 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 Client has obtained the authority of such living person to make use of such name, representation and/or copy;
10.1.5. 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;
10.1.6. Where it is an Advertising Agency it is authorised by the End Client to place the Advertisement with PrimeMploy or with other online notice boards;
10.1.7. No Advertisement contains any data, image or other material which:
(a) Is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
(b) Is defamatory, threatening or racially, ethnically or otherwise objectionable;
(c) Is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
(d) Infringes the rights (including, without limitation, the intellectual property rights) of another person;
(e) Is designed or likely to cause disruption to any computer system or to any network;
(f) Is illegal or designed or likely to induce an illegal act.
10.2. The Client:
10.2.1. Acknowledges that:
(a) The Client and PrimeMploy may agree that primeMploy can accept instructions in relation to the Services (without having to refer to the Client) from any of the following persons:
(i) Any person agreed between PrimeMploy and the Client to be a Recruiter; and
(ii) Any person to whom the Client or any Recruiter provides passwords to or is set up to make use of the Services by using facilities offered by PrimeMploy for such purposes;
(b) The Client agrees that it will procure that it and all Recruiters keep confidential and do not disclose to any person any passwords used by them in relation to the Services;
(c) The Client agrees that it will be responsible for any misuse of all such passwords;
10.2.2. Authorises PrimeMploy to accept instructions in relation to the Services (without having to refer to the Client) from any Recruiter and any person using such passwords;
10.2.3. Accepts that primeMploy shall not be responsible for any breach of this Agreement, any delay in performance of the Services or defect or error in the Services which arises as a result of primeMploy accepting instructions from a Recruiter or any person using such passwords;
10.2.4. Shall be responsible for all acts and omissions of each Recruiter and any person using such passwords as if they were acts or omissions of the Client.
10.3. The Client shall:
10.3.1. Where it is a Recruitment Agency, comply in all respects with the Employment Agencies Act 1973 (and all regulations made there under) and all statutes, rules, regulations, codes of practice and legal requirements to which the Client is ordinarily subject in respect of its receipt and processing of CV's and related matters;
10.3.2. Where it is an Advertising Agency, ensure that the Services provided are solely utilised for its End Clients, with their express permission;
10.3.3. Use all CVs supplied pursuant to the Service Agreement and the Services for the sole purpose of endeavoring to provide or locate suitable employment on behalf of Jobseekers;
10.3.4. ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Act 1998 to the extent that it applies and complies with its obligations under that Act;
10.3.5. Keep confidential the CVs and all other information supplied by primeMploy or Jobseekers to the Client or its employees or agents and shall only use such information for such agreed purpose if endeavoring to seek or provide employment opportunities for Jobseekers with their express consent in respect of the CVs;
10.3.6. Obtain the express consent of a Jobseeker prior to submitting his or her CV to any person;
10.3.7. Not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from primeMploy to any person provided that where the Client is a Recruitment Agency it may make CV's available to its genuine customers who intend to recruit such Jobseekers for their own employment;
10.3.8. Not discriminate between persons endeavoring to secure employment and shall not engage in any illegal discriminatory practices whether by reason of age, race, sex or disability;
10.3.9. Be responsible for selecting only suitable Jobseekers and taking up references and satisfying itself as to the suitability of any Jobseeker for any particular position;
10.3.10. Be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by PrimeMploy arising out of the Client's misuse of information on CVs.
11.1. PrimeMploy will not be liable (whether in Service Agreement or tort) for:
11.1.1. Any loss of copy, artwork, photographs, data or other materials that the Client supplies to primeMploy and the Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
11.1.2. 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 Client;
11.1.3. For any loss of profit, loss of revenue or Service Agreements or any indirect, special, economic or consequential loss (whether caused by the negligence of primeMploy, its employees or agents);
11.1.4. Any delay, costs, expense, loss (including loss of profit), damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of primeMploy or as a result of the acts or omissions of the Client;
11.1.5. Any loss or damage whatsoever (including loss of profits) howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, lack of, suitability of or the wrongful disclosure of confidential information by, any Jobseeker or Applicant. It is for Client to satisfy itself as to the availability, suitability, standard of skill, integrity and reliability of all Jobseekers or Applicants for any particular job.
11.2. In no event shall primeMploy's liability to the Client under or in relation to the Service Agreement (whether in Service Agreement or tort) exceed the amount of the Fees.
11.3. The Client agrees and acknowledges that save as expressly provided in the Service Agreement no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of PrimeMploy in respect of or in connection with the Services or the Service Agreement and accordingly the Client confirms that it has not, in entering into the Service Agreement, relied on any condition, warranty or representation by PrimeMploy or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services or the Service Agreement. The benefit of any such condition, warranty or representation by PrimeMploy is hereby irrevocably and unconditionally waived by the Client.
12.1. PrimeMploy offers a variety of price plans. The client must purchase one of these plans in order to utilise the system features.
12.2. PrimeMploy uses both online and manual methods of payment. Payment must be made in full before the plans can be activated.
12.3 PrimeMploy is not responsible for any delay, loss of profit, loss of revenue or Service Agreements or any indirect, special, economic or consequential loss (whether caused by the negligence of PrimeMploy, its employees or agents) due to a delay related to any processing of the price plans or price plan ammendments.
13.1. Subject to the provisions of the Service Agreement, the Services shall be provided for the Term agreed.
13.2. The Service Agreement and these Conditions apply for the Term unless terminated under this Clause 13.
13.3. Either party may, at its sole discretion, terminate the Service Agreement at any time by notice in writing to the other party (the "Defaulting Party") if:
13.3.1. The Defaulting Party fails to pay to the other party any amount when due; or
13.3.2. If the Defaulting Party is in breach of the Service Agreement and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied.
13.4. PrimeMploy may suspend the Services and/or terminate the Service Agreement by notice in writing to the Client if it believes that any acts or omissions in connection with the Service Agreement of a Client that is a Recruitment Agency constitute or lead to breach of the Employment Agencies Act 1973 or any regulations made there under.
13.5. Upon termination of the Service Agreement the provision of the Services shall immediately cease and the full amount of any sums owing to primeMploy by the Client in respect of the Services, whether or not provided, shall become payable with immediate effect.
13.6. The Client shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by primeMploy arising out of the Client's breach of its obligations under the Service Agreement (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by PrimeMploy).
14.1. A notice required or permitted to be given under these Conditions shall:
14.1.1. Be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or
14.1.2. Be in the form of an email addressed to primeMploy at email@example.com (or such other address as supplied by PrimeMploy) or if to the Client, to the address provided in the Service Agreement (or such other address as supplied by the Client) and the Client will be deemed to have received such notification within one hour of transmission.
14.2. The Client is responsible for notifying PrimeMploy of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to PrimeMploy by first class post or by facsimile.
15.1. The Client shall not be entitled to assign the Service Agreement nor any or all of its rights and obligations hereunder.
15.2. If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
15.3. The Service Agreement constitutes the entire agreement between the Client and PrimeMploy in respect of the Services.
15.4. Any waiver by primeMploy of any breach of, or any default under, any provision of the Service Agreement by the Client will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of the Service Agreement.
15.5. Failure or delay by primeMploy in enforcing or partially enforcing any provision of the Service Agreement will not be construed as a waiver of any of its rights under the Service Agreement.
15.6. The parties to this Service Agreement do not intend that any term of this Service Agreement will be enforceable by virtue of the Service Agreements (Rights of Third Parties) Act 1999 by any person that is not a party to it.
16.1. These Conditions and any Service Agreement, into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts.