* Our Terms & Conditions
- The following definitions apply:
"RecruitEasy" means Marketsmart Limited (company number 04282143) Trading As 'RecruitEasy' or www.recruiteasy.co.uk or www.recruiteasy.net or other names or brands associated with RecruitEasy.
"Client" means the individual, trader, company, firm, recruitment business, recruitment agency or organisation which has set up an account with or otherwise engaged RecruitEasy in order to use the Services.
"Candidate" or "Applicant" means a person whose details are supplied to the Client either directly or indirectly for the purpose of Engagement in the Client’s business or Engagement in any other business associated directly or indirectly with the Client.
"Commencement Date" means the date for the commencement of the Services as agreed with the client or set out in the Sales Order or Order Confirmation
"Service" or "Services" means any activity associated with the Candidate sourcing or recruitment services provided by RecruitEasy to the Client.
"Sales Order" or "Order Confirmation" means any method confirming the purchase of one or more of the Services either through the web site or verbally or by the form signed by the Client or by email or by fax confirming details, key terms and pricing of the Services ordered by the Client.
"Engagement" means the Engagement, employment or use of the Candidate by the Client or any third party associated directly or indirectly with the Client on a permanent or fixed contract or temporary or agency or locum or consultancy or self-employed or on any other basis whatsoever.
"Introduced" or "Introduction" means the forwarding any of the Candidate's details to the Client or the passing to the Client of a curriculum vitae or information which identifies the Candidate; and which leads to an Engagement of that Candidate.
"Start Date" means the day a Candidate begins their term of employment or their Engagement in any capacity whatsoever.
"Terms" means these terms and conditions and key terms highlighted on the Order Confirmation.
"Website" means www.recruiteasy.co.uk and directly associated web sites and includes without limitation its content, databases, software, code and graphics.
- RecruitEasy shall provide recruitment Services in accordance with these Terms and provide approved Clients access to the Services. The Service does not constitute an offer by RecruitEasy, and RecruitEasy reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
- An agreement between RecruitEasy and the Client comprising these Terms and the Order Confirmation will come into effect when RecruitEasy has received and accepted the Client's Order Confirmation at the price agreed on the Order Confirmation and payment has been received. For the avoidance of doubt, the Website Terms and conditions apply in addition to these Terms.
- RecruitEasy 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.
- 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 RecruitEasy or RecruitEasy's reputation.
- The Client agrees to notify RecruitEasy immediately of any offer of Engagement which it, or any other business associated directly or indirectly with the Client, makes to the Candidate and to notify RecruitEasy immediately that the offer of Engagement of the Candidate has been accepted and to provide details of the Candidate’s Remuneration and Start Date to RecruitEasy.
- On submission of an Order that is approved and accepted by Recruiteasy, if pre-agreed, an invoice for 25% of the fee shall be raised to the Client for immediate payment. On receipt of the payment, Recruitment Services shall commence. The remaining 75% of the fee shall be paid on the successful placement of the candidates and as per the terms of the invoice raised. In the event that other terms of payment are agreed between Recruiteasy and the Client, the Client agrees to pay the invoice as per the terms of the invoice. In the event that Recruiteasy successfully places a candidate with the Client and the Client engages the candidate in employment but the invoice remains unpaid within the agreed terms,the Client shall pay RecruitEasy the full original fee invoiced to the Client plus an additional administration fee at the same rate as the original fee plus any associated recovery costs, including legal costs, irrespective of whether the Candidate remains engaged by the Client or has left the Engagement for any reason whatsoever. In the event of late payment, without prejudice to any other remedy, RecruitEasy reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended. In the event the Client fails to pay monies due to RecruitEasy the Client expressly agrees to indemnify RecruitEasy for the value of the claim and all legal costs in pursuance of the claim, losses, expenses and/or damages ("Losses") in connection therewith.
- Should an associate or business or company associated directly or indirectly with the Client, appoint a Candidate Introduced by RecruitEasy to the Client, the Client shall pay RecruitEasy at the same rate as invoiced for the Service to the Client or at the higher rate if applicable depending on the Candidate’s salary. Should the Client, or an associate or business or company associated directly or indirectly with the Client, appoint a Candidate Introduced by RecruitEasy to the Client within 24 months of the introduction, and fail to notify RecruitEasy of the Engagement, the Client shall pay RecruitEasy the full fee that would have been originally invoiced to the Client plus an additional administration fee at the same rate as the original fee and any associated recovery costs including administration and legal costs.
- In the event that a Candidate leaves the Engagement or employment of the Client any Candidate replacement offer or any other fee rebate structure or money-back guarantee agreed will be invalidated should RecruitEasy not be informed within 14 days of the candidate leaving. Where a replacement Candidate is available but refused by the Client or where a vacancy no longer exists after the Candidate formally leaves their Engagement within the free replacement offer period then the original fee paid shall be retained by RecruitEasy for the services it has provided.
- If the employment status of the Candidate is changed to another from that which was originally agreed between the Client and RecruitEasy, e.g. from permanent employed status to a self-employed status, then any free replacement offer, special offer or money back guarantee is invalidated. In the event a Candidate is offered Engagement by any other business directly or indirectly associated with the Client, any free replacement offer or special offer or money back guarantee related to that Candidate is non transferable and becomes invalidated.
- Once an Order Confirmation or confirmation in any format has been received by RecruitEasy an invoice will be raised for the pending supply of services and once payment for the services has been received by RecruitEasy the supply of services will commence.
- RecruitEasy may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. In the event that Services are discontinued for any reason, payment will reimbursed to the client subject to the Terms & conditions of the agreement.
- RecruitEasy reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
- Without prejudice to any other remedy, RecruitEasy 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.
- RecruitEasy 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 RecruitEasy 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 RecruitEasy's credit checking process.
- 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.
- All intellectual property rights connected with the Services and/or the Website shall remain vested in RecruitEasy 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.
- RecruitEasy 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.
- RecruitEasy shall not be in breach of these Terms if events beyond its reasonable control prevent RecruitEasy from performing the Services.
- It is the Client's responsibility to protect their computers against any viruses and malware.
- These Terms and where appropriate the Order Confirmation contain the entire agreement and understanding between RecruitEasy and the Client. The Client acknowledges that it has not relied on any representation made by RecruitEasy 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.
- In the event that the Client makes a claim against RecruitEasy for whatever reason, RecruitEasy's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall RecruitEasy be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude RecruitEasy's liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
- 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.
- Notices to RecruitEasy shall be sent by email to firstname.lastname@example.org and notices to the Client shall be sent by email to the address supplied on set up of the Client's account. Notices may be backed up by either party by post or other methods.
- RecruitEasy monitors the quality of vacancies and Services in order to provide better products and Service to Candidates and Clients. From time to time RecruitEasy and its parent company and associated trading names will contact the Client in order to evaluate the Services they and Candidates receive and also to promote other Services and products.
- 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 RecruitEasy or of any member of the RecruitEasy Corporate Family. Breach of this clause shall be a material breach and will entitle RecruitEasy, without prejudice to any other remedies it may have, to terminate the Client's account and Services immediately.
- By submitting a vacancy to the Website or by email or by any other method, the Client is authorising RecruitEasy to post such vacancy and submit Candidates ranked by RecruitEasy in accordance with the Client's criteria (if any).
- The Client is responsible for the content of the vacancy and will indemnify RecruitEasy against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
- The Client shall include in the job description the following information:
a. Any qualifications and/or authorisations required by law or any or by any relevant professional body;
b. 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
c. Where the Client is an 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.
- 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.
- Applicants' responses will be forwarded by RecruitEasy by e-mail subject to any filtering and screening. The Client is responsible for verifying the information contained in Applicants' responses and RecruitEasy 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.
- 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 RecruitEasy accepts no liability whatsoever therewith. The Client will indemnify RecruitEasy against any Losses in connection therewith.
- The Client will comply with all laws as applicable to it, including without limitation: the Data Protection Act 1998, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, the Employment Equality (Age) Regulations 2006, The Conduct of Employment Agencies & Employment Business Regulations 2003 and The Employment Act 1973 (all as amended). The Client shall indemnify RecruitEasy against any Losses in connection therewith.
- 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 RecruitEasy's site, communications with Applicants and management of Applicants' details. The Client shall indemnify RecruitEasy against any Losses in connection therewith.
- The Client shall not post any vacancy where:
a. there is a risk to the health and safety of any Applicant at the location where either the interview or the work is to be performed, unless the Client undertakes to inform RecruitEasy and the Candidates of such risks and the steps taken to prevent or control such risks; or
b. 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 (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 above sub-clauses (b)(i) and (b)(ii) to the hirer.
- The Client accepts responsibility for any detriment which it may suffer or incur in respect of the Engagement of an Applicant and shall hold RecruitEasy 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.
- RecruitEasy 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:
a. those that RecruitEasy considers illegal, inappropriate or fraudulent
b. those that directly or indirectly require or ask for application or registration fees
c. those that advertise franchise, pyramid, network marketing or get-rich-quick schemes
d. those that have been indiscriminately posted or duplicated across multiple sectors
e. those that advertise Websites, Services, businesses, business opportunities and/or contact details
f. those of Clients who solicit staff from the Marketsmart Limited family of trade names or companies
- For the avoidance of doubt, any job posting credits used in the creation/editing of vacancies or jobs are not refunded.
- Where the Client has access to RecruitEasy's CV data, the number of CV downloads is subject to a fair usage cap: this is 100 CV downloads per user per day. A user is a person or organisation with a unique login.
- The Parties, particularly (but not limited to) where the Client is an Employment Agency or an Employment Business or any other type of business which sources or places candidates for other businesses or third parties associated with it or which are clients of it, agree to the non-solicitation of each other’s candidates and/or clients (as applicable) and to the non-competition with each other and to the non-circumvention of each other with regards to candidates and clients introduced to each other, either directly or through a third party, where the result in any of the aforementioned events in this clause is that either party operates outside of this agreement or outside of its agreed fee structure
- These Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
1 Templer House, Scott Close, Newton Abbot, Devon, TQ12 1GJ
Registered in the UK. Registration Number: 04282143
Employer Terms and Conditions Version 1.7.1 - 7th November 2012