TERMS AND CONDITIONS FOR CARE RECRUITERS
In these terms and conditions:
1. ’Customer’ means any person, company, organisation or firm which purchases Services from us;
2. ’Services’ means all recruitment products and services made available by us from time to time;
3. ’Initial Period’ means the length of time that you instruct and pay for us to run your first campaign.
4. ’Renewal Period’ means the length of time that you instruct and pay for us to run any campaign after your first campaign.
We reserve the right to vary these terms and conditions from time to time. We will aim to give you reasonable notice in advance of implementing such changes by posting the revised terms and conditions on the web site and indicating the effective date that such updated terms and conditions will come into force (“Effective Date”).
Where we deem the changes as significant we may also choose to email our registered users with the revised terms and conditions. The revised terms and conditions will be deemed to have been accepted by you if you continue to use the web site and our services after the Effective Date.
The Services are provided by Niche Career Boards Limited, a company trading in England and Wales under company number 11636541 trading as Home Care Careers (“Home Care Careers”), with registered office 30 Swarbrick Avenue, Grimsargh, Preston, Lancashire PR2 5JJ and are made available to you on the following terms and conditions.
We can be contacted by post, by telephone on 033 33 031 273, and by email at email@example.com
By using the services you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.
Use of the Home Care Careers website
The information and services available on the website are provided for the sole purpose of individuals looking for employment opportunities within the care sector and career information and for employers seeking to recruit staff within the care sector.
You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Customer, shall entitle us to terminate the Services immediately on notice in writing.
Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information. In respect of any personal data accessed or otherwise processed by a Customer as a result of access to the site or the Services, the Customer agrees that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 1998 and, as such, shall be solely responsible for its processing.
Any adverts or parts of adverts, social media posts or other written advertisements of whatever form that have been created by Home Care Careers remain under the copyright of Home Care Careers and may not be used by the Customer without the express written consent of Home Care Careers to do so.
All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to Home Care Careers or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.
Commencement of Services
We will not commence the provision of Services until an approval has been received from the Customer for the commencement of a campaign and until payment of the Invoice for the Initial Term has been received.
Prices are as specified on the Home Care Careers website and are guaranteed for the duration of Initial Period agreed or the duration of the Renewal Period agreed.
A job posted on Home Care Careers will remain live for the Initial Period or the Renewal Period.
There is no ongoing obligation of the Customer to advertise beyond the Initial Period.
If you instruct Home Care Careers to advertise for a Renewal Period, the price for that advertising as specified on the Home Care Careers website at the commencement of the Renewal Period.
All prices are quoted exclusive of VAT.
The invoice will be sent to the email address you provide as your accounts payable contact.
The invoice will be due for payment in full prior to the commencement of advertising.
The contract will last for the period of the Initial Period or for the Period
of the current Renewal Period, and will automatically terminate upon the
conclusion of the Initial Period or the current Renewal Period.
Prior to the conclusion of the Initial Period or the current Renewal
Period, the Customer may instruct Home Care Careers to commence
a new Renewal Period, whereupon Home Care Careers will deliver an
invoice for the new Renewal Period.
If the Customer wishes to maintain campaign continuity, payment for the
new Renewal Period must be received prior to the termination of the
current Initial Period or the current Renewal Period.
Intellectual Property Rights
These terms and conditions do not transfer any (intellectual) property right, license or right of use from us to the Customer.
All of our rights (including but not limited to copyright, trademark rights, database rights, logos, titles as well as any other commercial rights) remain our (intellectual) property without restriction.
All material and content created and/or published by us is subject to our intellectual property rights (copyright, trademark rights and database rights), except for the individual elements of such material and content designed by the Customer or a third party that are already subject to a Customer’s or third party’s intellectual property rights and that have not been modified or revised by us.
The Customer also acknowledges that they have no rights, in or to, such intellectual property other than the right to use in fulfilment of the contractual obligations.
License to use Customer’s name, trademarks and logos
The Customer agrees that Home Care Careers may use the Customer’s name, trademarks and logos (“IP-Rights”) for the purposes of providing the Services.
Additionally the Customer agrees that Home Care Careers may mention the Customer as a reference customer in Home Care Careers’ marketing materials (such as eg. but not limited to websites and brochures), that Home Care Careers may use the Customer’s IP-Rights in this context and may present examples of the services provided to and the materials published on behalf of Customer.
Limitation of liability
Our total liability to the Customer in respect of any Services, except for death or personal injury caused by our negligence, is limited to the total amount paid to us during the Contract Term for such Services or £10,000, whichever is the greater.
Responses to advertisements
When responses are received to an advertisement Home Care Careers will within a reasonable time screen the application.
The screening will include:
making a telephone call to the candidate
asking whether the candidate understands the role that they have applied for
asking whether the candidate has any criminal convictions (although, for the avoidance of doubt, Home Care Careers will make no further enquiry in this regard)
checking that the candidate lives in an area where they can access the job being advertised
asking the candidate whether they can drive and whether they have their own reliable vehicle
any other reasonable screening questions agreed in writing between the Customer and us.
The CVs of screened candidates will be sent to you.
You agree to deal fairly and professionally with individuals who may respond to an advertisement and not do anything which may bring Home Care Careers into disrepute. You will indemnify us from and against any claim brought by an individual against Home Care Careers arising from your breach of this obligation or any other of these terms and conditions.
Third party sites
Vacancies posted on Home Care Careers will appear on over 30 third party recruitment web sites. These websites may vary from time to time and the current websites on which vacancies are posted can be found on the Home Care Careers website.
Additionally, Home Care Careers will run a boosted social media campaign and details of your vacancy may appear on Facebook, Twitter, Pinterest, LinkedIn or other recognised social media website. You specifically consent to us posting details of your vacancy on any such social media website that we consider beneficial to your campaign.
When payment has been made for the services, we may take a number of steps immediately, including pre-booking advertising on a number of different online job boards and paying for pay-per-click advertising on social media websites and on Google. These costs may be incurred prior to the advert going live and are non-refundable to us.
In addition, from time to time we may offer discounts based on you agreeing to use our services for a period of time longer than one month. These discounts are only available to you because you have agreed to a fixed term of longer than one month.
Upon receipt of any payment for the services provided in this agreement, of any time frame, no refunds will be provided. In particular, you may not cancel the agreement part way through its term and request a pro rata refund of the amounts due.
Without prejudice to the No Refunds terms of this agreement, we do offer a guarantee in relation to this agreement.
We guarantee that for each advertising campaign you pay for, we will send you a minimum of ten screened candidates for each calendar month during the Initial Period and during any Renewal Period.
In the event that we have not sent you the guaranteed minimum number of candidates, we will continue to advertise at our expense, with no further cost to you, until the guaranteed number of screened candidates has been sent to you.
For the avoidance of doubt, we do not guarantee that you will employ the ten candidates that we send to you, or any number of them.