We are Search Simple Ltd and “we”, “us”, “our” and “ours” refers to My Job Post for the purposes of this agreement.
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 My Job Post. Upon such acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows:
1. DEFINITIONS & MEANINGS
1.1 In these Terms the following words and phrases shall have the following meanings unless the context requires otherwise:
Additional Services means any recruitment related service as agreed between My Job Post and the Client.
Advertisement means a notice designed to attract Applications from Candidates in relation to a Client’s Requirement.
Application means a written or verbal request by a Candidate to have their CV considered for a Client’s Requirement.
Candidate means a person who applies for a My Job Post advertised vacancy on any job board site, affiliated job board site or online site or through any electronic communication.
CV 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 My Job Post by a Candidate for distribution to Clients with a view to securing a Requirement.
CV Search means the process of searching CV databases for relevant Candidates.
Fees means the fees and charges payable by the Client as specified in these Terms .
Filtering means an automated and/or manual process of filtering and ranking Candidate Applications to provide a shortlist for a Requirement.
Intellectual Property means patents, trademarks, registered designs, design rights, service marks, applications for any of the foregoing, trade and business names, copyright and know-how.
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 My Job Post to introduce a Candidate or provide any other advertising, searching or filtering service. For the avoidance of doubt My Job Post is not acting as an employment agency as defined in the Employment Agencies Act 1973. My Job Post is purely a venue for employers and Candidates to meet and is not involved in the actual transaction between Clients and Candidates.
Service means any service that My Job Post provides to its Client under the terms of their contract.
1.2 All references to a statutory provision shall be construed as including references to:
(a) any statute, modification, consolidation or re-enactment (whether before or after the date of this Agreement) for the time being in force;
(b) all statutory instruments or orders made pursuant to it; and
(c) any statutory provisions of which it is a consolidation, re-enactment or modification.
These Terms constitute the contract between My Job Post and the Client and are deemed to be accepted by the Client by virtue of confirmation of your acceptance of these Terms, making payment, requesting an invoice to be raised, approving or amending the Requirement.
3. OUR OBLIGATIONS
3.1 We agree:
(a) To use all reasonable endeavours to locate Candidates for you to directly hire in accordance with your Requirements via an Advertisement online on multiple job boards, if we see applications to be low, our agents at their discretion can and will perform additional efforts to boost applications including online cv searching and social resourcing.
(b) To provide such Additional Services as may be agreed from time to time.
3.2 Whilst at all times we shall act in good faith, we give no guarantee or warranty that we will be able to locate any suitable Candidates, or that any Candidate is suitable for your purposes at any time. Refunds are not available in the event that no suitable Candidates are found.
3.3 under our candidate guarantees customers must inform us via email, stating they wish for the requirement to be re-posted, if they have not found suitable candidate(s). This must be at least 1 day before the requirement is due to expire. Ads requested after this date cannot be re posted under the minimum candidate guarantees.
(b) Companies recruiting more that one person for the same position are not eligible for a free re-post of the requirement as our guarantees cover one hire per ad only.
4. YOUR OBLIGATIONS
4.1 You agree to accept these Terms and you acknowledge and agree that:
(a) Upon issuing a Requirement or as soon as reasonably practicable thereafter you shall provide to us sufficient and accurate information to enable us to locate Candidates;
(b) Your Requirement must be legal, decent, honest and truthful and not infringe the rights of any third party;
(c) You will act in good faith and in a business-like and courteous manner to us and Candidates;
(d) it is your responsibility to verify and satisfy yourself with the information we have provided to you to ensure that the Candidate is suitable for your purposes and to take up such references for Candidates as you think fit;
(e) It is your responsibility to ensure that the Candidate is eligible to work in the UK.
4.2 By reason of your acceptance of responsibility and your warranties as set out in clauses 3(a) – 3(e) we shall not be liable for any loss or damage arising out of any representation made by us in good faith that may have induced you to accept a Candidate, or for any breach of contract, negligence or tort of the Candidate and you will fully indemnify and keep us so indemnified against any claim or action (including the costs thereof on an indemnity basis) brought by a Candidate or another business (of any kind) with which we have been dealing in relation to a Requirement arising from incorrect or incomplete information provided by you to us.
5.1 You acknowledge and agree that:
(a) We may advertise your Requirement on any website or other media controlled by us or any affiliated third party, or enter into any agreement for the provision of services for the purpose of filling the Requirement;
(b) We may change websites we advertise your Requirement on without notice;
(c) We make no guarantee that your Advertisement will be accepted by certain websites;
(d) We are under no obligation to supply proof that your Requirement has been advertised;
(e) The Requirement can be viewed by anyone with Internet access throughout the world;
(f) We may need to modify the Advertisement in order to optimize your results for job board searching and to attract suitable Candidates;
(g) Advertisements will be branded ‘My Job Post", and no active e-mail addresses or web links will be shown unless branded advertising is requested at an additional cost.
(h) Advertisements will be shown for up to 28 day period after which time they shall expire;
(i) any Requirement which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race, disability or age will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act or Disability Act or the Age Discrimination Act. A statement must be made at the time the Requirement is placed or Service used stating which of the exemptions in the Act(s) is considered to apply. My Job Post reserves the right to refuse any Advertisement it considers illegal or inappropriate.
6. INTELLECTUAL PROPERTY
6.1 Applications will only be sent to the Client the Candidate intended.
6.2 We shall not share Applications with other Clients or third parties unless requested by a Candidate.
6.3 We reserve the right to communicate with Candidates for marketing and promotional purposes.
6.4 The Advertisement we use remains the copyright of My Job Post and you are not authorized to copy, reproduce or otherwise use this work without our prior written consent.
6.5 You may not use any of My Job Post Intellectual Property without prior written consent.
7. YOU MAY NOT USE MY JOB POST TO
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) with respect to Profiles, determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit;
(e) post jobs or other advertisements for competitors of My Job Post or post jobs or other content that contains links to any site competitive with My Job Post
(f) sell, promote or advertise products or services;
(g) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(h) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(i) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(j) promote any opportunity that does not represent bona fide employment;
(k) post jobs on any of our sites for modeling, acting, talent or entertainment agencies or talent scouting positions;
(l) advertise sexual services or seek employees for jobs of a sexual nature;
(m) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(n) endorse a particular political party, political agenda, political position or issue;
(o) promote a particular religion;
(p) post jobs located in countries subject to economic sanctions of the UK Government; and
(q) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
My Job Post reserves the right to remove any job posting or content from any of our sites, which in the reasonable exercise of our discretion, does not comply with the above Terms, or if any content is posted that My Job Post believes is not in the best interest of My Job Post.
8.1 You acknowledge and agree that:
(a) You shall keep any information relating to a Candidate confidential and not use it for any purpose other than the purpose you disclose you to us at the time the information is requested;
(b) In relation to a Candidate’s information you will act in accordance with the Data Protection Act;
(c) You shall not directly nor indirectly pass Candidate information on to a third party;
(d) 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.
10. FEES & PAYMENT
10.1 The Fees should be taken as those stated on our website or company literature or as otherwise agreed by a representative of My Job Post and the Client at the time of receiving a Requirement.
10.2 Our fees are subject to change with notice given on our website or via any other means of communication.
10.3 Payment is due upfront and may be made by BACS or via our secure online payment system. A pro-forma invoice may also be issued for upfront payment. My Job Post will not start work on your vacancy until payment has been received.
10.4 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.
10.5 When making advance purchases, any credits must be used within 12 months from date of purchase, upon which date they shall lapse.
10.6. We do not supply refunds for unused credits or for an unsatisfactory response.
10.7 In the event of any debt claim brought by us for any outstanding payments due, any outstanding amount owed will be subject to annual interest of 2% above the base rate of Barclays’s bank accruing from day-to-day.
All Fees are exclusive of Value Added Tax (VAT) or other applicable sales tax. VAT will be charged at the applicable rate.
12.1 We may terminate this agreement if:
(a) after providing written notice to the Client of breach of any of these Terms,
(b) the Client fails to pay My Job Post on the due date any sums that may be due;
(c) the Client makes any Material Mis-representation;
(d) the Client is using the Service for any improper use or with the intention of damaging the reputation of My Job Post
(e) Termination due to a breach of our job board terms will result in no right to any refund.
12.2 You have the right to withdraw the Requirement for any reason at any time with no right to any refund.
13.1 Our liability to you for breach of contract or negligence shall not exceed an amount equal to twice our fees for any Requirement. In no event shall we be liable for any special, indirect, consequential or loss whatsoever or any loss of profit 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.
13.2 Nothing contained 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.
13.3 All and any interaction and communication between the Client and any Candidate and in connection with the Candidate’s response to the Advertisement are the responsibility of the Client, and My Job Postaccepts no liability whatsoever therewith. The Client will indemnify My Job Post against any losses in connection therewith.
13.4 My Job Post are not able to verify any statements made by you in your Advertisement and accordingly you agree to indemnify us from all claims, costs and expenses (including legal expenses) resulting from your breach of these Terms.
13.5 Whist we will take all reasonable steps to ensure the accuracy of information we provide to you as part of the Service, My Job Post will not be liable for any loss suffered by you, whether direct or indirect, foreseeable or otherwise as a result of your, or anyone else’s reliance on such information.
14. SERVICE INTERRUPTIONS
You acknowledge that the Internet and/or My Job Post systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, communication connectivity problems or other factors beyond the control of My Job Post and you acknowledge that My Job Post will not be held liable for any loss arising from any failure or inability to provide continuous, error free, uninterrupted services under these circumstances.
15. THIRD PARTY RIGHTS
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.
16. ENTIRE AGREEMENT
16.1 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.
16.2 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.
16.3 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.
16.4 Nothing in this clause shall limit or exclude liability for fraud.
17. GOVERNING LAW AND JURISDICTION
The laws of England and Wales govern this agreement and all non-contractual obligations arising out of it. The parties agree to submit to the exclusive jurisdiction of the English Courts.