These terms form a binding agreement between The Client and Candidate Source Limited (company number 7301736) whose registered office is at Suite 3, 24 High Street, Ruddington Nottingham NG11 6EA (“Candidate Source”) for the Services. These terms and the attached Schedule (the “Schedule”) form the entire contract between The Client and Candidate Source unless varied by agreement and confirmed in writing. They supersede all prior agreements between the parties, whether written or oral, with respect to the subject matter of this agreement. In the event of inconsistency between these terms and the Schedule these terms shall prevail.
In these terms:
“The Client” means the person, firm or corporate body wishing to use the Services details of which are set out in the Schedule
“Services” means advertising services provided by Candidate Source which may be more particularly detailed in the Schedule
The headings used in these terms are for convenience only and shall not affect the meaning or construction of the contents of this agreement.
1.1 These terms are binding on the Client from the date specified in the Schedule or in the absence of a date in the Schedule, the date The Client submits a request for Services to Candidate Source by email, telephone or in person. The Client warrants that it has authority to enter into this agreement and has obtained all necessary approvals to do so.
1.2 If any provision in this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of Candidate Source it may be severed from this agreement but the remaining provision of this agreement shall remain in full force and effect.
2. PRICING AND DISBURSEMENTS
2.1 The fees charged in relation to the Services are set out in the Schedule. If Candidate Source requires a proportion of the fees to be paid prior to commencement of the Service this shall be set out in the Schedule.
2.2 The fees are subject to review annually and Candidate Source reserves its right to review its fees at other times. The Client will be notified in writing of any increase in fees during the course of the provision of the Services to The Client.
2.3 In addition to the fees, Candidate Source reserves the right to charge any disbursements including out-of-pocket expenses incurred or to be incurred on The Client’s behalf in providing the Services to The Client.
2.4 Volume discounts where applicable apply only to orders placed in advance, completed within the agreed period and paid for in full in advance of placement of the first advertisement unless otherwise agreed in writing in which case the payment terms below will apply. Where The Client fails to use such advertisements within the agreed period, unused advertisements will be lost and The Client relinquishes the right to reimbursement for any such unused advertising.
3. PAYMENT TERMS
3.1 Candidate Source will send The Client an invoice for the fees payable for the Services. The Client agrees to pay Candidate Source within 14 days of the date of such invoice.
3.2 All sums not paid by the due date shall bear interest on amounts unpaid for more than 14 days at the rate of 4% per annum above the base rate of the Bank of England at the time being in force calculated on a daily basis.
3.3 If the Client fails to pay any invoices by the due date the Company reserves the right to terminate the agreement without any liability and upon such termination all unpaid invoices which have not as yet become due for payment shall immediately become payable in full.
4. THE CANDIDATESOURCE.UK.COM WEBSITE
4.1 The content of the website “www.candidatesource.uk.com” does not constitute advice and should not be relied upon in making or refraining from making any decision.
4.2 Candidate Source reserves the right to change or remove (temporarily or permanently) the website or any part of it without notice and shall not be liable for any such change or removal.
4.3 The website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and The Client acknowledges and agrees that Candidate Source is not responsible for the content or availability of any such sites.
5. LIMITATION OF LIABILITY
5.1 Candidate Source shall use reasonable skill and care in performing the Services. Advice is given to The Client for its own purposes and must not be passed on to any third party without Candidate Source’s prior written consent. No third party rights are created by this agreement.
5.2 Candidate Source shall not be liable for any loss or damage suffered by The Client as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any advertising medium in which any advertisement is scheduled to be included. Proof reading of advertisements is the responsibility of The Client and once approved, Candidate Source will not be held responsible for any errors or omissions in the advertisement. In the event of an error or omission by Candidate Source, which detracts materially from the advertisement, Candidate Source will offer to repost the advertisement. Candidate Source is unable to withdraw or amend an advertisement after publication without incurring a financial penalty and as such any amendments to advertisements received after publication will be charged at the rate of a new advertisement.
5.3 The total liability of Candidate Source to The Client for any act or omission of Candidate Source, its servants or agents relating to any advertisement shall not exceed the amount of a full refund of any price paid to Candidate Source for the advertisement. Without limiting the foregoing, Candidate Source shall not be liable for any loss of profits or business or for indirect or consequential loss. Candidate Source accepts no liability for the repetition of an error in an advertisement ordered for more than one insertion unless notified immediately the error occurs.
5.4 Candidate Source shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with us seeking an applicant for The Client or from the introduction to or engagement of any applicant by The Client or from the failure of Candidate Source to introduce any Applicant. For the avoidance of doubt, Candidate Source does not exclude liability for death or personal injury arising from its own negligence.
6. CLIENT WARRANTIES & INDEMNITIES
6.1 The Client warrants that the advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Race Relations Act 1976, the Sex Discrimination Act 1976 (both as amended), the Disability Discrimination Act 1995, the Employment Equality (Age) Regulations 2006, Equality Act 2010 and the Obscene Publications Act and also including any legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.
6.2 The Client will indemnify and hold harmless Candidate Source from and against any costs claims expenses and / or damages relating to any:
6.3 Candidate Source reserves the right to withdraw and/or refuse to publish an advertisement without liability to The Client if it reasonably believes that the advertisement may make Candidate Source or The Client liable to any complaint, claim or proceedings.
6.4 The Client understands that the jobboards do not allow reselling of online advertising without The Client adding value to the service and as such confirms that it is placing the advertisement to support provision of a full recruitment service (including placement of temporary, contract and interim workers; and fixed fee, contingency and retained permanent recruitment services) in the role of an Employment Agency or Employment Business as defined in the Conduct of Employment Agencies and Employment Businesses Regulations 2003. Candidate Source reserves the right to remove any advertisements and terminate any future advertising arrangements with Clients found to be acting as resellers.
6.5 The Client is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold Candidate Source harmless accordingly.
6.6 Any Client who is either an employment agency or an employment business (as defined by the Employment Agencies Act 1973 (‘the Act’)) must ensure that advertisements comply with their obligations under the Act and the Conduct of Employment Agencies and Employment Businesses Regulations 2004.
6.7 The Client agrees to deal fairly and professionally with individuals who may respond to a recruitment related advertisement and to indemnify Candidate Source from and against any claim brought by an individual against Candidate Source arising from a breach of this obligation or any other of these terms and conditions.
7. ADVERTISEMENT RESPONSE
7.1 Candidate Source does not guarantee any response to recruitment related Advertisements or that such response will be from individuals suitable for the job advertised. It is The Client’s responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
7.2 The Client shall satisfy itself as to the suitability of the Applicant and The Client shall take responsibility for referencing, obtaining identification, work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
8.1 This agreement shall terminate immediately:
8.2 Candidate Source reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of The Client’s assets, or any indication whatsoever of financial difficulties.
9. CONSEQUENCES OF TERMINATION
9.1 In the event of termination on any of the grounds listed in clause 8.1 The Client shall pay to Candidate Source immediately all arrears of payment and any other sums due under the terms of this agreement.
9.2 Copyright in any document created by Candidate Source will remain vested in Candidate Source together with any pre-existing or proprietary information and will not be transferred to The Client. Candidate Source asserts the right to be identified as the author of and to object to the misuse of any such document.
10. FORCE MAJEURE
10.1 Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations or any other cause beyond the reasonable control of the parties of either of them, which renders the performance of this agreement impossible.
11.1 Any notices or other document to be given under this agreement shall be in writing delivered personally or by first class post and addressed to the party to whom it is intended; alternatively it may be sent by facsimile or by email to such number or email address as the parties shall designate. Any notice, demand or other communication shall be deemed to have been received:
12.1 Time shall not be of the essence in the provision of the Services.
13.1 The parties to this Agreement are independent businesses and nothing in this Agreement or by virtue of performing it shall be taken as creating a relationship of agent to principal, employer to employee, partnership or joint venture between the Consultant and the Client. Neither party shall be entitled to enter into agreements or other arrangements on behalf of the other and it is intended that both parties shall retain their independence.
14.1 Clauses 6, 9 and 13 survive termination of this agreement.
15. GOVERNING LAW
15.1 This agreement and the relationship of the parties in connection with the subject matter of this agreement shall be governed and determined in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the courts of England in relation to any legal action or proceedings arising out of or in connection with this agreement.
In the event that The Client chooses to forego the filtering service, then The Client will receive all of the applications to their advertisement. Candidate Source will not retain or use such applications for any other purpose or customer.
Candidate Source does not retain applications and is unable to retrieve applications if the Client chooses to forgo the filtering service and have them sent directly to their own email address.
Where the same vacancy is to be advertised for multiple locations or under multiple sectors, The Client will be required to purchase one advertisement for each location or sector.
Vacancies will be advertised under the Candidate Source brand and there is an explanation in the advertisement that the advertisement is placed on behalf of our Client who will receive and handle the application.
This package is only available to Recruitment Agencies and other Intermediaries and will not be sold directly to end users.
Submission of a vacancy for this service is deemed as acceptance of these terms and conditions which are correct at the date of issue.
CSL T&C – Updated 03.02.11
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