1. The following definitions apply:
"Client" means the company, firm or organisation which has set up an account or registered with Recruiter Mate in order to use the Services.
"Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.
"Order Confirmation" means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of telephone orders, the form signed by the Client confirming details and pricing of the Services ordered by the Client.
Recruiter Mate means Recruiter Mate Limited, acting through its division RecruiterMate.co.uk or RecruiterMate.com
"Recruiter Mate Family" means all companies connected with Recruiter Mate. A company is connected with Recruiter Mate if it is:
i. a subsidiary or holding company of Recruiter Mate;
ii. controlled by the same person(s) who control Recruiter Mate or Recruiter Mate's holding company;
iii. a subsidiary or holding company of any company in (i) or (ii) above; or
iv. a subsidiary or holding company of any company in (iii) above
and "subsidiary" and "holding company" shall be as defined in section 736 of the Companies Act 1985.
"Services" means the online recruitment services as set out in clause 2.
"Terms" means these terms and conditions.
"Website" means www.RecruiterMate.co.uk or www.recruitermate.com/ and includes without limitation its content, databases, software, code and graphics.
2. The following Services are available from Recruiter Mate via the Website:
Job Postings: A subscription service for placing job adverts on the site. For the avoidance of doubt, Job Posting credits do not roll over beyond the contract end date. Any postings that are live on the site will remain live until their date of expiry, but no new postings can be made using the credits from that contract.
3. Recruiter Mate shall provide the Services in accordance with these Terms. Clients must set up an account with Recruiter Mate in order to gain access to the Services. The Services do not constitute an offer by Recruiter Mate, and Recruiter Mate reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
4. These terms are deemed acceptable upon a client registering or a legally binding contract between Recruiter Mate and the Client comprising these Terms and the Order Confirmation will come into effect when Recruiter Mate has received the Client's completed Order Confirmation. Recruiter Mate will acknowledge receipt by sending a confirmatory email or fax to the Client.
5. Recruiter Mate shall perform the Services using information and criteria supplied by the Client. It is the Client's responsibility to provide accurate and up to date information.
6. The Client undertakes not to submit for inclusion in any job posting, its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect Recruiter Mate or Recruiter Mate's reputation.
7. Other than free advertising and Services paid for online, Recruiter Mate shall issue an invoice to the Client on completion of the Services. The Client shall pay Recruiter Mate's invoice in full within 30 days from the date of invoice. In the event of late payment, without prejudice to any other remedy, Recruiter Mate reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
8. Online payment services will be carried out by PayPal. Payment online shall be subject to PayPals terms and conditions.
9. Once an Order Confirmation has been received, Recruiter Mate cannot accept any cancellation of the agreed Services and no refunds will be given. Subscription Services are for a minimum term of 12 months unless otherwise agreed with Recruiter Mate. No refunds will be given for early termination. For the avoidance of doubt, Job Posting credits do not roll over beyond the end of the contract. For Services purchased online, refunds may occasionally be given at Recruiter Mate's sole and absolute discretion.
10. Recruiter Mate may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
11. Recruiter Mate reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
12. Without prejudice to any other remedy, Recruiter Mate may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if Recruiter Mate has reasonable grounds to believe that the Client cannot or will not pay its debts.
13. Recruiter Mate reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:
a. those of Clients who have not provided full or accurate contact or company information
b. those of Clients that Recruiter Mate considers to be acting inappropriately or illegally
c. those of Clients that use the Website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site
d. those of Clients who fail Recruiter Mate's credit checking process, or who default on payment.
14. The Client agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.
15. All intellectual property rights connected with the Services and/or the Website shall remain vested in Recruiter Mate or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
16. Recruiter Mate cannot guarantee that
(i) the Website and/or the Services will be available at all times;
(ii) the Website will be free from errors, viruses and/or other harmful applications; and
(iii) the Services will generate any applications, responses or results.
17. Recruiter Mate shall not be in breach of these Terms if events beyond its reasonable control prevent Recruiter Mate from performing the Services.
18. It is the Client's responsibility to protect their computers against any viruses and malware.
19. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between Recruiter Mate and the Client. The Client acknowledges that it has not relied on any representation made by Recruiter Mate in entering this contract; however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
20. In the event that the Client makes a claim against Recruiter Mate for whatever reason, Recruiter Mate's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall Recruiter Mate be liable for any consequential, indirect or special losses, including without limitation, loss of profits, revenue, interest, goodwill, business and/or savings. Nothing in these Terms shall be construed to exclude Recruiter Mate's liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
21. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
22. Notices to Recruiter Mate shall be sent by email to admin@recruitermate.com and notices to the Client shall be sent by email to the address supplied on set up of the Client's account.
23. From time to time Recruiter Mate will contact Clients in order to evaluate the service they receive and also to promote Recruiter Mate's services and products. Recruiter Mate monitors the quality of vacancies from time to time in order to provide a better service to candidates.
24. The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of Recruiter Mate or of any member of the Recruiter Mate Corporate Family. Breach of this clause shall be a material breach and will entitle Recruiter Mate, without prejudice to any other remedies it may have, to terminate the Client's account and Services immediately.
25. For the avoidance of doubt, the Website terms and conditions found in the main screen of Recruiter Mate apply in addition to the above Terms.
26. The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Job Postings and Vacancies
27. By submitting a vacancy to the Website, the Client is authorising Recruiter Mate to post such vacancy and submit candidates ranked by Recruiter Mate in accordance with the Client's criteria (if any).
28. The Client is responsible for the content of the vacancy and will indemnify Recruiter Mate against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
29. The Client shall include in the job description the following information:
. Any qualifications and/or authorisations required by law or any or by any relevant professional body;
a. If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
b. Where the Client is employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.
30. The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.
31. Applicants' responses will be forwarded by Recruiter Mate by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants' responses and Recruiter Mate accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.
32. All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job posting are the responsibility of the Client, and Recruiter Mate accepts no liability whatsoever therewith. The Client will indemnify Recruiter Mate against any Losses in connection therewith.
33. The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, and the Employment Equality (Age) Regulations 2006. The Client shall indemnify Recruiter Mate against any Losses in connection therewith.
34. The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on Recruiter Mate's site, communications with applicants and management of applicants' details. The Client shall indemnify Recruiter Mate against any Losses in connection therewith.
35. The Client shall not post any vacancy where:
. there is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the Client undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or
a. the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the candidate to be placed,
(i) to obtain copies of any relevant qualifications or authorisations of the candidate;
(ii) to obtain two references from persons who are not relatives of the candidate; and
(iii) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.
By posting any vacancy set out in sub-clauses 35(a) and (b) above, the Client is deemed to give the relevant undertakings. Where the Client is an employment business or agency, the Client shall offer copies of the documents obtained under sub-clauses 35(b)(i) and (ii) to the hirer.
36. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold Recruiter Mate harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.
37. Recruiter Mate reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:
. those that Recruiter Mate considers illegal, inappropriate or fraudulent
a. those that directly or indirectly require or ask for application or registration fees
b. those that advertise franchise, pyramid, network marketing or get-rich-quick schemes
c. those that have been indiscriminately posted or duplicated across multiple sectors
d. those that advertise websites, services, businesses, business opportunities and/or contact details.
e. those of Clients who solicit staff from the Recruiter Mate family of companies
For the avoidance of doubt, the job posting credits used in the creation / editing of these jobs are not refunded.