Vacancy Broker

REAL-TIME RECRUITING

Last revised on 18 October 2014

VACANCYBROKER.CO.UK RECRUITER 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.

SERVICE LEVEL AGREEMENT

We encompass a secure online Marketplace that will give you access to direct employer vacancies.

Used properly this will provide you with an extra revenue channel without the need for business development.

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 must only submit candidates that you have briefed and qualified.

When engaged on a Vacancy, any advertising must be executed discreetly.

You must not contact an employer directly.

You must submit Candidate CVs through the Marketplace, not directly.

Interviews and Vacancy offers must be confirmed via the Marketplace.

Only relevant Candidates must be submitted.

You must keep all Employer and Candidate information confidential.

You must not solicit an Employer's current work force.

Failure to comply with our Service Level Agreement may result in removal from the Marketplace.

DEFINITIONS AND INTERPRETATION

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

AdministrationCompany administration is a formal procedure in which an insolvency practitioner is appointed to act as the administrator of an insolvent company with the goal of bringing about a recovery.
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 immediately on the last day of the payment term as set by the Employer. The invoice will be raised immediately upon the Start Date of the Candidate.
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 Recruiter fee is displayed under “Your fee” in the VacancyBroker Marketplace. The amount displayed in this area will be the amount you the Recruiter will receive plus VAT. VacancyBroker charges are paid directly by the client.
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 solicit or collect Vacancies on Our Website to promote such Vacancies 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 submit Candidates 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 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 RECRUITER

The Recruiter warrants that they are a professionally trained recruiter, are suitable to act as an Employment Agency and agree that they shall at all times comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

The Recruiter will use reasonable endeavours to introduce to Employers via the Marketplace suitable Candidates who meet the specification set out by the Employer in the Vacancy. The Recruiter agrees to make every reasonable effort to properly screen Candidates which they submit to Vacancies, and obtain confirmation from the Candidate that they are willing to work in the position in question before submitting the Candidate's CV.

The Recruiter agrees to not directly or indirectly work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Website with the intent or effect of depriving us of due compensation or Placement Fees. The Recruiter agrees that they shall not engage with any Employers to whom they have submitted any Candidate CVs or information for a period of 12 months after the submission of such a Candidate, save for communications via Our Website or offline if regarding details on the posted Vacancy for which we have made the introduction.

Recruiters are not permitted to register as an Employer in order to post Vacancies on Our Website.

Candidates are represented by the first Recruiter to submit the Candidate in question to the Employer through Our Website. This clause shall not apply in the instance that the Recruiter who submits the Candidate first, has not gained permission from the Candidate to submit their details for the Vacancy.

Provided that the Employer is not already aware of the Candidate, the Recruiter shall be deemed to have ownership of a Candidate for the duration of the Fee Period (12 months from the date that the Recruiter first submitted the Candidate). Should the Candidate be employed or engaged by the Employer during the Fee Period we shall invoice the Employer for the same Placement Fee set by the Employer when the Vacancy was originally posted on the Marketplace.

The Recruiter shall promptly provide us with accurate information regarding the Start Date of the successful Candidate.

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

1.1You acknowledge and agree that the following shall apply regarding Candidate submissions and hiring:
1.1.1All Candidate CV submissions are time and day stamped by us;
1.1.2A Candidate shall be considered to have been submitted once you have uploaded the CV against an engaged Vacancy via Our Website;
1.1.3If a Recruiter submits a Candidate for a Vacancy and the Candidate is employed by the Employer, the Recruiter may not be eligible for the Placement Fee in the event that the Employer has previously received that Candidate's CV, or was aware of the Candidate through another source. 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.
1.1.4Provided that the Employer is not already aware of the Candidate, you shall be deemed to have ownership of a Candidate for a period of 12 months from the date of submittal (“Fee Period”). Should the Candidate be hired during the Fee Period, subject to these Terms, we shall invoice the Employer for a fee calculated as per clause 3.3 or clause 4.2.
1.1.5All CV submissions for Vacancies must be sent through Our Website. Any actions which circumvent or attempt to circumvent Our Website and the Marketplace Services by submitting CVs in any other way will lead to account termination. In the event of such termination, we shall be under no obligation to pay any Placement Fees received from Employers in respect of Candidates submitted by the Recruiter.
1.2You agree that you shall not within 12 months of the successful placement of a Candidate via Our Website directly or indirectly solicit, attempt to solicit or otherwise induce or encourage any employees or workers of the Employer.
1.3You agree to not directly or indirectly work around, avoid, circumvent or otherwise exploit our Our Website or Marketplace with the intent or effect of depriving us of due compensation or Placement Fees. You agree that you shall not engage with any Employers to whom you have been introduced via us for a period of 12 months after the Submission of such a Candidate, save for communications via Our Website or offline if regarding details on the Posted Vacancy for which we have made the introduction.
1.4You are not authorised to register as an Employer in order to submit any Posted Vacancies on Our Website.
1.5We shall have no liability for hiring decisions made, implicit or otherwise, via the use of Our Website.

2. OUR FEE AND PAYMENT

2.1You will be liable to pay to us an initial credit payment charge once you have selected to purchase a Vacancy on Our Website; this will be payable by using a credit / debit card or using available credit from your existing Price Plan purchased package.
2.2In the event of a Vacancy that you have purchased being closed by the client within 5 working days of purchase, your account will be refunded with credit to the value of your purchase.
2.3Our access payment charge excludes VAT which will be payable by you at the rate shown on Our Website for the said particular Vacancy.
2.4Subject to clause 3.5 we will pay to you the full Placement Fee (plus VAT) this is the exact amount displayed under “Your fee” in the Marketplace.
2.5VacancyBroker will take all necessary action in the event of late payments, client disputes or non-payments as follows:
2.5.1
VacancyBroker legal department will consult with the Recruiter responsible for the placement.
2.5.2
Full information in regards to candidate start date, agreed salary and other important information is supplied to the VacancyBroker solicitors.
2.5.3    
  • A letter will be issued to pay the overdue payment within 14 days.
  • A second reminder late payment letter will be issued requesting the payment within 7 days.
  • Third and final letter will be issued by VacancyBroker solicitors informing the client that legal proceeding have started to recover the outstanding payments together with all other legal charges incurred.
  • If the client has not responded and made full payment, VacancyBroker solicitors will take the client to small claims court (HMCS) and/or English Courts depending on the amount due.
VacancyBroker together with their partner Recruiters will take every necessary action required to collect full payment in the unlikely event of clients refusing to pay on time.
2.6In the event that VacancyBroker goes into “Administration”, Vacancy Broker Limited will be responsible and liable to make all Recruiter payments due from the Recruiter “deposit” bank account.

3. FEES & REBATES FOR PERMANENT PLACEMENTS

3.1Where a Candidate is submitted via Our Website and is successfully appointed in a Posted Vacancy or in any other role within that company or a third party, we shall invoice the Employer for the Placement Fee.
3.2Should the engagement of the Candidate be terminated during the Rebate Period we may be liable to repay to the Employer all or part of the Placement Fee, in such circumstances you will have no entitlement to a Placement Fee.
3.3After the Rebate Period of the Candidate’s Start Date, you shall be entitled to payment of the Placement Fee as received from the Employer.
3.4Payment is subject to receipt of payment from the Employer. All sums due for the Services unless otherwise stated are exclusive of VAT and other duties or taxes.
3.5For 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.

4. FEES FOR CONTRACTORS AND TEMPORARY PLACEMENTS

4.1The Employer will post a Vacancy including the daily or hourly charge rate. The daily or hourly charge rate includes the Contractor or Temporary Worker’s remuneration, your commission, the Employer’s national insurance contribution, holiday pay top up and any travel or other expenses as are reasonable.
4.2In case of a successful placement of a Contractor or Temporary Worker, we will charge the client the Placement Fee. The Placement Fee is stated upfront, before you engage on a posted Vacancy. By requesting engagement, you agree to accept our Placement Fee.
4.3We will invoice the Employer the Placement Fee on commencement of the work assignment and is payable within the Payment Term displayed within the Marketplace.
4.4In case the Contractor or Temporary Worker terminates or is terminated before the end of the stated contract length on Our Website, we will issue a credit note for our introduction fee in proportion to the duration of the worked assignment and will refund you within 14 days.
4.5We will invoice the Employer as defined in the Marketplace for the charge rate set by the Employer when posting the Vacancy. The Employer will pay the invoice within the Payment Period displayed in the Marketplace.
4.6The charges are calculated according to the time worked by the Contractor or Temporary Worker (to the nearest quarter hour).
4.7At the end of each week, we shall collect the signed time sheet from the Employer verifying the number of hours worked by the Contractor or Temporary Worker during that week.
4.8In case, the Contractor or Temporary Worker’s assignment is prolonged beyond the initial contract length as posted on Our Website, the Employer is liable to pay you the specified hourly or daily charge rate for the duration of the contract. The Employer will give us 7 days written notice through Our Website in advance of the change to the contract length.
4.9In 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.
4.10You, the Employer, Contractor or the Temporary Worker may terminate an assignment at any time without prior notice and without liability.

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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