Vacancy Broker

REAL-TIME RECRUITING

Last revised on 18 October 2014

VACANCYBROKER.CO.UK EMPLOYER TERMS AND CONDITIONS

INFORMATION ABOUT US

We are Vacancy Broker Limited whose registered office is at Berkeley Square House, Berkeley Square, Mayfair, London, W1J 6BD, United Kingdom, Company Number 8434952 (throughout “we”, “us”, “our” and “ours”). The Vacancy Broker Limited, for the purposes of this agreement, includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of Vacancy Broker Limited.

You are a client or potential client of ours, registering with www.vacancybroker.co.uk (“Our Website”) (throughout “you”, your”, “yours”).

For the avoidance of doubt Vacancy Broker Limited is not acting as an employment agency as defined in the Employment Agencies Act 1973. Vacancy Broker Limited is an on-line Marketplace that connects Employers and Recruiters.

INTRODUCTION

This page tells you the Terms under which you may make use of the Marketplace Services provided via Our Website. Please read these Terms carefully before you make use of the Marketplace Services.

By registering to access the Marketplace you agree to be bound by these Terms. These Terms shall apply each time you use our Marketplace Services (unless otherwise agreed in writing) and shall prevail over any inconsistent terms or conditions contained, or referred to, in your standard terms of business or any other document supplied by you, or implied by law, industry custom, practice or course of dealing. In the event of any dispute between your standard terms of business and these Terms, these Terms shall prevail. We reserve the right to change these Terms at any time without notice, by posting changes online. You are responsible for checking these Terms every time that you access the Marketplace, in order to ensure that you are aware of any changes. Your continued access to and use of the Marketplace, after changes are posted, constitutes your acceptance of the amended Terms.

By accepting these Terms you warrant that you have full capacity and authority to enter into and perform an agreement with us to use the Marketplace Services, and are duly authorised to bind the party for whom you act. You should print a copy of these Terms for future reference.

Please read these Terms carefully and, in particular, those terms which relate to your role (e.g. Recruiter or Employer). You must also read our General Website terms and conditions, which can be found here: www.vacancybroker.co.uk/terms-of-use. In addition, if you intend to make use of our General Services, you should read our terms and conditions for General Services which can be found below.

We commit to making any reasonable effort to hide your company’s name and identity from the Marketplace and will only make available such information to Recruiters when engaged by you to work on a particular Vacancy. However, it is your sole responsibility to ensure that you do not mention your company’s name or identity when posting a Vacancy, especially when completing Vacancy description and Candidate requirements.

SERVICE LEVEL AGREEMENT

We encompass a secure online Marketplace that will give you access to specialist recruitment consultancies, while allowing you to set your own Placement Fee, Payment Term and Rebate period.

We wish to maintain the highest possible standards upon our Marketplace. Therefore, you adhere to this Service Level Agreement:

You conduct yourself in a professional and courteous manner.

You are encouraged to provide sufficient details when uploading your vacancies to ensure Recruiters can shortlist relevant candidates and fulfil your requirement.

You set a fee that reflects the urgency of your requirement, the salary/rate offered, and the market demand of a suitor's skill set.

You check your account regularly, and respond to requests and submittals in a timely fashion.

If you receive a CV that is not relevant, we ask that you mark it 'Decline' so the Recruiter is aware of its unsuitability.

When moving a Candidate through the stages of your recruitment process, we ask that you keep your VacancyBroker.co.uk account up to date.

When making a Vacancy offer, you agree to use the VacancyBroker.co.uk dashboard.

DEFINITIONS AND INTERPRETATION

For the purpose of these Terms, the following definitions shall apply:

Agreement The agreement between us and you pursuant to which you make use of the Marketplace Services, the terms of which are set out in these Terms
CandidateA person introduced, directly or indirectly, by the Recruiter to the Employer through the Marketplace Services, to be considered for an Engagement.
EmployerAny person (whether an individual, limited company, a limited liability partnership, a sole trader, a partnership or any other person) that uses the Marketplace Services to post details of one or more Vacancies with the view of employing a Candidate.
Employment AgencyAn agency that is subject to the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
EngagementThe act of a Recruiter engaging with an Employer via the Marketplace Services.
MarketplaceThe Marketplace contained within Our Website in which Employers may post Vacancies and source Candidates and Recruiters may submit Candidates to Vacancies.
Marketplace ServiceThe provision by us of the Marketplace, as further described on Our Website www.vacancybroker.co.uk from time to time.
Our Websitewww.vacancybroker.co.uk
Payment TermThe payment period set by the Employer on Our Website shall be payable as set by the Employer on Our Website.
Placement FeeThe fee set by the Employer on Our Website and payable by the Employer to us upon hiring a Candidate. For contract and temporary positions the Recruiter Fee will be inclusive in the daily or hourly charge rate set by the Employer on Our Website.
RebateThe Rebate is set by the Employer on Our Website and is 100% of the Recruiter Fee.
Rebate PeriodThe fixed period, calculated by reference to the Candidate's starting date and the Placement Fee (as further detailed in these Terms), during which an Employer is entitled to a refund of the Recruiter Fee should the Employer (acting reasonably) determine that the Candidate is unsuitable and cease his/her employment or engagement with the Employer.
RecruiterAny person (whether an individual, limited company, a limited liability partnership, a sole trader, a partnership or any other person) who uses the Marketplace Services to introduce one or more Candidates to Employers in respect of any Vacancy.
Recruiter FeeThe fee payable by the Employer to us, for onward payment to the Recruiter, which is displayed on the Marketplace and which is calculated as the Placement Fee.
Start DateThe date on which a Candidate commences employment or engagement with an Employer following the acceptance by the Candidate of an offer of employment by an Employer.
TermsAre these terms and conditions under which you may make use of the Marketplace Services.
VacancyA job vacancy posted by the Employer on the Marketplace.

In these Terms words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and vice versa.

In these Terms any reference to a statute, statutory provision or any subordinate legislation shall be construed as including a reference to that statute, provision or subordinate legislation as from time to time modified or consolidated, superseded, re-enacted or replaced.

GENERAL TERMS

You agree not to post any job vacancies on Our Website for any competitor of ours or post job vacancies or other content that contains links to any site competitive with Our Website.

You agree not to solicit or collect Candidate CVs to promote such Candidate to potential Employers outside of Our Website.

You agree not to post vacancies for modelling or talent or talent exploring positions on Our Website.

You agree not to post vacancies or content on Our Website that contain any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the Vacancy or are otherwise misleading.

You agree not to contact the Candidate’s current Employer without express permission from the Recruiter representing the Candidate.

You agree not to directly or indirectly do or attempt to work around, circumvent or otherwise exploit our systems with the intent or effect of depriving us of any Placement Fee.

OBLIGATIONS OF THE EMPLOYER

The Employer shall satisfy itself as to the suitability of any Candidate for the purposes of the Vacancy for which the Candidate has been introduced. Without prejudice to the generality of the foregoing, it is acknowledged by the Employer that it is for the Employer to take up references, to check the truthfulness of a Candidate's application, to check the validity of qualifications and, where the Engagement requires, to ensure that the Candidate is capable of operating any equipment and/or machinery to the necessary level. The Employer shall be responsible for obtaining any work and other permits and for ensuring that the Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.

The Employer shall use their best endeavours to keep confidential any confidential information of any Candidate (including without limitation any CV or other information provided in support of an application for a Vacancy) that is provided to you in connection with the Marketplace Services.

The Employer undertakes:

Where any Candidate introduced by a Recruiter to the Employer via the Marketplace is initially rejected but is later employed by the Employer within the period of 12 months of the initial introduction, the Employer shall be responsible for the Recruiter Fee as if such rejection had not occurred.

In the event of the Employer effectively introducing (directly or indirectly) any Candidate to another person, firm or corporation, including any subsidiary, associated or holding company of the Employer, resulting in an Engagement by that person, firm or corporation (of which fact the Employer shall immediately notify us) the Employer shall be responsible for and the Recruiter Fee as if the Candidate had been introduced to such third party via the Marketplace, unless such Engagement occurs more than 12 months after the initial introduction of the Candidate to the Employer.

In the event of non-payment by the Employer of the Recruiter Fee, the Employer hereby agrees that We shall be permitted to assign to the Recruiter the debt relating to such non-payment and the ensuing right of action.

In the event that the Employer has previously received the CV of a Candidate who it subsequently decides to employ or engage from a source other than a specific Recruiter, the Employer is solely responsible for providing the proper evidence that the new engagement was not the result of the Recruiter's submission, but rather of having received the CV previously. In the event of such a dispute we will investigate and based upon the available evidence make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final.

1. PROVISION OF CANDIDATES FOR PERMANENT, CONTRACT AND TEMPORARY POSITIONS

1.1CV’s may be submitted through the Marketplace when a Recruiter is engaged on the Vacancy.
1.2All CV submissions through the Marketplace are time and date stamped and Candidates shall be deemed to be represented by the first Recruiter who submits the Candidate through Our Website.
1.3Any Candidate submitted by a Recruiter to you belongs to this Recruiter for a period of twelve (12) months from the date of submission (“Placement Term”). In the event of an appointment of such a Candidate within the Placement Term for the posted Vacancy or any other Vacancy, the Employer shall be responsible for the Placement Fee calculated according to clause 2.2.
1.4The Recruiter shall be required by contract to endeavour to make every reasonable effort to ensure the suitability of Candidates submitted but does not personally establish references and cannot accept responsibility to you for any loss, expense, damage or delay however occasioned (to the fullest extent that the law permits).
1.5You are responsible for taking up references concerning a Candidate’s skills, qualifications and general integrity, obtaining work permits and satisfying any medical requirements or qualifications as are required by law or otherwise. We assume no liability for hiring decisions made, implicit or otherwise, by use of our services or Our Website.
1.6In the event of hiring a Candidate submitted through Our Website you agree to notify us within 1 week through Our Website by marking the Candidate as “Agree and Confirm Placement” on the dashboard and to provide details of the initial annual base salary and starting date. Should you fail to provide such confirmation or details, we shall be entitled to our fee in accordance with Clause 2 below, the initial annual base salary being based on the information provided by you when posting the role.

2. PRICE, PAYMENT AND REBATE FOR PERMANENT PLACEMENTS

2.1Where a Candidate submitted via Our Website is employed by you to whom you have provided information regarding the Candidate and such an Employment takes place within the Placement Term, you shall pay the fee as calculated in accordance with clause 2.2 below (“Placement Fee”)
2.2The Placement Fee shall be calculated as the percentage set by you on Our Website (against which the particular CV was submitted) of the first year annual base salary, payable to or for the services of the Candidate.
2.3The Placement Fee shall be payable by you to us in accordance to the Payment term you have set on Our Website.
2.4On receipt of payment, we shall retain the payment as a deposit for the Rebate period set by you on Our Website from Candidate Start Date. Payment will then be forwarded to the first successful Recruiter who made the successful placement.
2.5All sums payable for the services unless otherwise stated are exclusive of VAT and any other duties or taxes.
2.6 A Rebate shall be payable only where the following conditions have been met:
  • you have notified us via Our Website of the termination of the Engagement within 5 working days of last date of the Engagement;
  • the Engagement of the Candidate was intended to be permanent;
  • you have paid us according to the rules set out in clause 2.3. If we have not received the Placement Fee within the agreed payment days, you are not eligible for the refund;
  • you are not in breach of any of the other provisions of these Terms;
  • the parameters of the position into which the Candidate was employed are not altered from those given either verbally or in writing at any stage throughout the hiring process.
2.7For each permanent Vacancy, we will pay the Recruiter according to the Rebate period and payment term as set by the Employer on Our Website.
2.8You may not be responsible for paying a Placement Fee for a Candidate submitted to you through us or Our Website if you previously received that Candidate’s CV through another source and you have notified us of the same when rejecting the CV indicating that the CV is on file already within 5 working days of receipt of the Candidates CV.
2.9“Employment” for the purposes of this clause and the remainder of the Terms means the engagement, employment, hire or use of a Candidate, whether directly or indirectly, in whatsoever capacity, whether on a contract of employment, contract for services or via the medium of a third party “Employ”, “Employed” and “Employs” shall have the corresponding meaning.
2.10For the avoidance of doubt the Employer will not be entitled to any Rebate of the Placement Fee or Replacement where the employment of a Candidate is terminated by the Employer for the reasons of redundancy, constructive, wrongful or unfair dismissal, corporate restructuring, or in connection with the transfer of the whole or part of the Employer's business.
2.11Rates for the usage of the Vendor Management Solution (VMS) solution will be agreed individually and will be covered in the appendix to these terms.

3. FEES FOR CONTRACTORS AND TEMPORARY PLACEMENTS

3.1The hourly or daily charge rate is set by you when posting the Vacancy on Our Website. You agree to pay the hourly or daily charge rate when hiring a Contractor or Temporary Candidate to us for the successful Contractor or Temporary Candidate.
3.2Contractor shall not work more than the daily contracted hours without express written permission by the Recruiter in advance.
3.3The charges are invoiced to you by us and are payable within the number of days defined by you on Our Website.
3.4At the end of each week, you shall sign the Recruiter’s time sheet verifying the number of hours worked by the Contractor or Temporary Candidate during that week. Your signature indicates satisfaction with the services provided by the Temporary Candidate and confirmation of the number of hours worked. Failure to sign the time sheet does not absolve your obligation to pay the charges in respect of the hours worked.
3.5In case, the Contractor or Temporary Candidate’s assignment is prolonged beyond the initial contract length as posted on Our Website, you are liable to pay Recruiter the specified hourly or daily charge rate for the duration of the contract. You must give us 7 days written notice in advance of the change to the contract length.
3.6In case the Contractor or Temporary Worker is hired for a permanent position during the work assignment or within 180 days of the last day of the work assignment the Employer is liable to pay us a Placement Fee calculated as 15% of the gross taxable annual commencing remuneration.

LIMITATION OF LIABILITY

IN NO CIRCUMSTANCES SHALL THE VACANCY BROKER LIMITED NOR ANY OF ITS SUBSIDIARIES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MARKETPLACE SERVICES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES WHICH ARE INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT OR OTHERWISE THAT MAY ARISE OUT OF OR RELATE TO THE USE OF THE MARKETPLACE SERVICES, EVEN IF FORESEEABLE.

This does not affect our liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentations, nor any other liability which cannot be excluded or limited under applicable law.

You agree to indemnify us from all claims, costs and expenses (including legal expenses) resulting from your breach of these Terms.

FEEDBACK

The Employer and the Recruiter acknowledge that Our Website operates feedback functionality and accordingly certain conduct, such as late payment of invoices or inappropriate or unprofessional behaviour, may have an impact on the Recruiter's or Employer's feedback and reputation.

ACCESS

Access to Our Website is not guaranteed and may expire at any time without notice. We therefore recommend Clients make their own appropriate backups and logs of activities. You are not permitted to share access and must take reasonable steps to ensure your login credentials are kept confidential. Use of your access is bound by the Computer Misuse Act 1990.

PROMOTION

Unless otherwise agreed in writing, by using Our Website and Service You give Us permission to disclose our business relationship to other parties to promote Our provenance. This includes (but is not limited to) your company name, logo, testimonials and any written or verbal communication.

ENTIRE AGREEMENT

These Terms contain the entire and only agreement for the Marketplace Services between Us and you, and supersedes all previous agreements relating to the same.

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.

No changes can be made to these Terms without prior written consent by a Director of Vacancy Broker Limited.

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.

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.

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