Terms of Business
Hiring Hub Online Marketplace Terms of Business (Updated 18th of July 2019)
By registering to access the Marketplace you agree to be bound by these Terms. These Terms shall apply each time you use the 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.
INFORMATION ABOUT US
We are The Hiring Hub Ltd (“Hiring Hub” or “We” or “Us” or “Our”). We are registered in England and Wales under company number 07425227 and have our registered address at Fourways House, 57 Hilton Street, Manchester, M1 2EJ, United Kingdom. The Hiring Hub Ltd, for the purposes of this Agreement, includes any subsidiary or holding company (as defined in section 1159 of the Companies Act 2006) of The Hiring Hub Ltd.
For the avoidance of doubt The Hiring Hub Ltd is not acting as an employment agency as defined in the Employment Agencies Act 1973. The Hiring Hub Ltd provides an online platform for Employers and Recruiters to meet and is not involved in the actual transaction between Employers and Candidates or Contractors.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms, the following definitions shall apply:
Account: By registering on the Marketplace, as either an Employer or Recruiter, you are creating an account, which will give you access to our Services and allow you to store and track activity on the Marketplace.
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.
Assignment: The assignment services to be performed by a Contractor for an Employer for the period of time during which a Contractor is supplied to an Employer to work temporarily for and under the supervision, direction and control of the Employer.
AWR: The Agency Workers’ Regulations 2010.
Candidate: A person Introduced, directly or indirectly, by the Recruiter to the Employer through the Marketplace Services, to be considered for a Vacancy.
Conduct Regulations: The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Commission: The fee We deduct from the Placement Fee for the Marketplace Services We provide. The Commission is calculated depending upon the Recruiter Subscription Plan the Recruiter has at the time of Engagement on a Vacancy.
Consent Confirmation: A Recruiter must send a copy of Our consent confirmation email to the Candidate/Contractor(s) they wish to submit for a Vacancy. The Recruiter must receive an electronic written reply to the consent confirmation email from the Candidate/Contractor confirming that they are happy to be put forward and considered for a Vacancy, be represented by the Recruiter for submission to the named company, and that to the best of their knowledge they have not applied directly or via another recruitment agency for the same role.
Contractor: A person or company Introduced, directly or indirectly, by the Recruiter to the Employer through the Marketplace, to be considered for an Assignment.
Contract Recruitment: Employing the services of a Contractor for the purpose of an Assignment
Contract Remuneration: All payments taxable (and where applicable non-taxable), including fees, bonuses, commissions, allowances, inducement payments, which are payable to or receivable by the Contractor for services provided by the Contractor to the Employer during the Assignment
Data Protection Laws: The EU General Data Protection Regulation 2016/679 (“GDPR”), the Data Protection Act 2018 and any applicable statutory or regulatory provision, as amended or updated from time to time, and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.
Employer: Any person (whether an individual, limited company, a limited liability partnership, a sole trader, a partnership or any other person) that uses the Marketplace and Marketplace Services to post Vacancies with the view of employing Candidates and/or Contractors.
Engagement: The act of an Employer accepting a Recruiter’s request to engage on the Employer’s Vacancy on the Marketplace, to allow the Recruiter to see the full Vacancy details and submit Candidate(s) to the Vacancy.
Fee Period: The period a Recruiter is deemed to have ownership of a Candidate which shall be six months from the date of submission of such Candidate’s CV on the Marketplace.
Introducer: Our role as the introducing party in an Introduction.
Introduction: The process of introducing a Contractor or Candidate to an Employer by a Recruiter via the Marketplace, following the Employer posting a Vacancy and “Introduced” shall be construed accordingly.
Marketplace: Means the marketplace contained within Our Site in which an Employer may post Vacancies and source Candidates and/or Contractors and a Recruiter may submit Candidates and/or Contractors to Vacancies.
Marketplace Services: The provision by Us of the Marketplace, as further described on Our Site from time to time.
Our Site: www.hiring-hub.com
Permanent Recruitment: Employment of a Candidate on a permanent employment contract
Placement: Employment of a Candidate and/or Contractor by or on behalf of an Employer directly or indirectly following the supply of a Candidate by a Recruiter via the Marketplace, directly or indirectly, and whether under a contract for services or otherwise, and whether on a permanent, temporary contract, or other basis.
Placement Fee: The fee set by an Employer when posting a Permanent Recruitment Vacancy, which is payable by the Employer to Us upon the Engagement of a Candidate. Once set, the fee may be increased but it may not be reduced.
Rebate: means the sum which may become payable in accordance with the provisions of clause 7.1.
Rebate Period: The period calculated by reference to the start date of a Candidate’s employment and the date of the Candidate’s termination of employment (as further detailed in these Terms), during which an Employer is entitled to a full or partial refund of the Placement Fee should the Employer (acting reasonably) determine that the Candidate is unsuitable and terminates the Candidate’s employment.
Recruiter: Any 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 Candidates and/or Contractors to Employers in respect of any Vacancy.
Recruiter Fee: The fee payable to a Recruiter upon a Placement, which is calculated as the Placement Fee minus Our Commission.
Recruiter Payment Date: The date each calendar month upon which We take monthly payment from the Recruiter for their Recruiter Subscription Plan.
Recruiter Subscription Fee: The fee payable by a Recruiter to access the Marketplace and Marketplace Services, payable monthly in advance by the Recruiter. The Recruiter Subscription Fee(s) are posted on Our Site, and We may vary them from time to time: Please see Our Recruiter subscription page on your Account for the rates in force for the current month. The prices on Our Site are quoted in UK pound Sterling and exclude VAT, which is also payable.
Recruiter Subscription Plan: The level of access and benefits a Recruiter has on the Marketplace described and corresponding to the Recruiter Subscription Fee they pay. The plans and benefits are posted on Our Site and we may vary them from time to time.
Screen/Screened Candidates/Contractors: A Recruiter must obtain Consent Confirmation from a Candidate/Contractor prior to submitting a Candidate/Contractor for a Vacancy. The Recruiter must disclose to the Candidate/Contractor the name of the company which is recruiting for the Vacancy, for the Candidate/Contractor to be correctly defined as a Screened Candidate/Contractor in accordance with these Terms. For Candidates/Contractors applying via any job advert placed by the Recruiter, their application alone is not sufficient to be considered as a Screened Candidate/Contractor under these Terms. A Recruiter must obtain further Consent Confirmation from the Candidate/Contractor following a Candidate/Contractor applying for a job via any job advert posted by the Recruiter.
Start Date: The date on which a Candidate or Contractor commences a Placement with an Employer.
Terms: These terms and conditions under which you may make use of the Marketplace Services.
Transfer Fee: 15% of the employee’s first year annual salary, payable to Us. A majority percentage of the Transfer Fee, reflective of the Recruiter’s original Recruiter Subscription Plan will be paid by Us to the Recruiter who initially Introduced the employee as a Contractor to the Employer.
Vacancy/Vacancies: A Permanent Recruitment or Contract Recruitment vacancy posted by the Employer on the Marketplace.
WTR: The Working Time Regulations 1998.
1.2 In these Terms:
1.2.1 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;
1.2.2 The headings are for convenience only and do not affect their interpretation;
1.2.3 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
1.2.4 Any phrase introduced by the terms ‘including’, ‘include’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
1.2.5 Reference to ‘in writing’ and ‘written’ shall include by email.
Nothing in these Terms will create a partnership or joint venture between us. We are an independent provider of services to you and are not employed by you.
In order to use the Marketplace Services, each Employer and Recruiter must register with Us. We may accept or reject an application to register at our discretion, and may suspend or cancel such registration at any time if an Employer or Recruiter is in breach of these Terms.
4. OBLIGATIONS OF THE EMPLOYER FOR PERMANENT RECRUITMENT
4.1 The Employer agrees to notify Us immediately when an offer of employment has been accepted by a Candidate in order for Us to raise the correct invoice for the Placement Fee. This invoice will be issued by Us to the Employer on the Candidate’s Start Date.
4.2 The Employer shall satisfy itself as to the suitability of any Candidate for the purposes of the Vacancy for which the Candidate has been introduced. Without prejudice to the generality of the foregoing, it is acknowledged by the Employer that it is for the Employer to take up references, to check the truthfulness of a Candidate’s application and employment history, to undertake any additional security or criminal record checks, to check the validity of education and qualifications and, where the Vacancy requires, to ensure that a Candidate is capable of operating any equipment and/or machinery to the necessary level. The Employer shall be responsible for obtaining any work and other permits and for ensuring that a Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.
4.3 The Employer shall use its best endeavours to keep confidential any confidential information of any Candidate (including without limitation any CV or other information provided in support of an application for a Vacancy) that is provided to the Employer in connection with the Marketplace Services.
4.4 The Employer undertakes that where:
(a) any Candidate introduced by a Recruiter to the Employer via the Marketplace is initially rejected but is later employed by the Employer within the period of six months of the initial Introduction, the Employer shall be responsible for the Placement Fee as if such rejection had not occurred;
(b) in the event of the Employer effectively introducing (directly or indirectly) any Candidate to another person, firm or corporation, including any subsidiary, associated or holding company of the Employer, resulting in an Engagement by that person, firm or corporation (of which fact the Employer shall immediately notify Us) the Employer shall be responsible for the Placement Fee as if the Candidate had been introduced to such third party via the Marketplace, unless such Engagement occurs more than six months after the initial Introduction of the Candidate to the Employer.
4.5 The Employer consents to the disclosure by Us to Recruiters and Candidates of information relating to the Employer which the Employer has provided to Us.
4.6 In the event of non-payment by the Employer of the Placement Fee, the Employer hereby agrees that We shall be permitted to assign to the Recruiter the debt relating to such non-payment and the ensuing right of action.
4.7 In the event that the Employer has previously received the CV of a Candidate who it subsequently decides to employ or engage from a source other than a specific Recruiter, 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 as an independent party 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 and binding.
4.8 The Employer shall inform Us should a Recruiter contact it directly, offline or online, in an attempt to work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of undercutting our Marketplace Services, or depriving Us of due compensation of the Placement Fee or Our Commission.
5. OBLIGATIONS OF THE RECRUITER FOR PERMANENT RECRUITMENT
5.1 The Recruiter warrants that they are suitable to act as an Employment Agency and agree that they shall at all times comply with the Conduct Regulations, and the Equality Act 2010.
5.2 When engaged with an Employer on the Marketplace, the Recruiter shall not publish or use the Employer’s company name or brand publicly when advertising the Employer’s Vacancy and searching for Candidates.
5.3 When uploading a Candidate’s CV onto the Marketplace, the Recruiter shall anonymise the CV so as not to include any personally identifiable information about the Candidate.
5.4 The Recruiter will use reasonable endeavours to introduce suitable Candidates to Employers via the Marketplace. The Candidates must meet the specification set out by the Employer in the Vacancy and the Recruiter agrees to properly Screen Candidates which they submit to Vacancies.
5.5 All CV submissions for Vacancies must be sent through Our Site. Any actions that circumvent or attempt to circumvent Our Site and the Marketplace Services by submitting CVs in any other way will lead to Account termination and all loss of Account information, Account data, and Account reviews. In the event of such termination, We shall be under no obligation to refund any Recruiter Subscription Fee or pay any Placement Fee received from an Employer in respect of any Candidate submitted by the Recruiter.
5.6 The Recruiter agrees to not directly or indirectly work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of depriving Us of due compensation, Commissions or Placement Fees.
5.7 The Recruiter agrees that they shall not approach directly any Employers to whom they have been introduced to by Us, engaged with on the Marketplace, or submitted any Candidate CVs or information to, for a period of 12 months after the introduction, engagement, submission of such a Candidate by Us, save for communications via Our Site or offline if regarding details on the posted Vacancy for which we have made the Introduction.
5.8 If a Recruiter is found to have contacted an Employer directly to work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of undercutting our Marketplace Services, or depriving Us of due compensation, Commissions or Placement Fees, the Recruiter’s Account will be suspended immediately during a period of investigation. If evidence of wrongdoing is confirmed the Recruiter’s Account will be deleted and all data, ratings, and customer reviews will be lost.
5.9 Furthermore, if without written consent from Us, the Recruiter approaches directly any Employers to whom they have been Introduced to by Us, engaged with on the Marketplace, or submitted any Candidate CVs or information to, within a 12 month period from such Introduction, engagement or submission, the Recruiter will be liable to pay Us within 14 days of receipt of invoice any Commission that would have been due to Us had the Placement(s) the Recruiter has made with that Employer taken place on Our Marketplace.
5.10 Recruiters are not permitted to register as an Employer in order to post Vacancies on Our Site.
5.11 Candidates are represented by the first Recruiter to submit the Candidate in question to the Employer through Our Site. This clause shall not apply in the instance that a Recruiter who submits the Candidate first, cannot prove that the Candidate in question is a Screened Candidate including providing Consent Confirmation. This must be validated independently by the Candidate.
5.12 If 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, as a neutral party 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.
5.13 Provided that an Employer is not already aware of a Candidate, and the Recruiter can provide evidence of this, the Recruiter shall be deemed to have ownership of a Candidate for the duration of the Fee Period. 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.
6. THE PLACEMENT FEE (PERMANENT RECRUITMENT ONLY)
6.1 Where a Candidate is submitted by a Recruiter via the Marketplace and is successfully appointed in a posted Vacancy, or within any other role within the Employer’s organisation (including any organisation within the Employer’s group), We will invoice the Employer on the Candidate’s Start Date for the Placement Fee.
6.2 The Placement Fee is payable to Us within 30 days of the Candidate’s Start Date. If the Candidate in question does not commence employment, the Placement Fee shall not be payable and, if it has been paid to Us, it will be refunded in full and a credit note will be issued.
6.3 An Employer will be liable for the Placement Fee in respect of a Candidate, where within six months of the Candidate being introduced to the Employer:
6.3.1 the Employer employs that Candidate on a permanent or temporary basis; or
6.3.2 the Employer initially rejects the Candidate, but subsequently employs the Candidate or engages with the Candidate in any capacity; or
6.3.3 the Employer refers the Candidate to a third party, including another company or business in the Employer’s group of companies, and that third party employs or engages with the Candidate.
6.4 The Placement Fee excludes VAT and other duties or taxes, which will be payable by the Employer in addition to the Placement Fee at the rate in force on the date of invoicing.
6.5 We shall be entitled to deduct from any payments due to a Recruiter any amounts to account for any damages, losses or costs suffered or incurred by Us arising as a result of a Recruiter’s breach of this Agreement or its negligent acts or omissions.
6.6 If any amount payable under these Terms is not paid in full and on time, interest will be payable on such amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date of invoice up to and including the date of payment.
7. REBATE (PERMANENT RECRUITMENT ONLY)
7.1 The Rebate Period shall run from a Candidate’s Start Date. The length of the Rebate Period shall be 60 days. In the event that a Candidate terminates its employment, or the Employer lawfully terminates the employment within the Rebate Period, the Employer shall be entitled to the Rebate provided that:
7.1.1 Unless specifically agreed otherwise by a director of Hiring Hub in writing, the Placement Fee has been paid by the Employer to Us within 30 days from date of invoice/candidate’s start date;
7.1.2 The termination is not as a result of redundancy, corporate restructuring, pregnancy, injury or ill health, or by reason of the Candidate’s age, race, gender, sexual orientation or disability;
7.1.3 The termination has not arisen where the Employer has entered into the employment of the Candidate with the prior or likely intention of disposing with the Candidate’s services or terminating employment either without proper cause or with a view to obtaining a refund unfairly;
7.1.4 The Employer serves a 7-day notice to Us by e-mailing [email protected] or their Hiring Hub Account manager.
7.2 The Rebate shall be:
0-45 days – 100% of the Placement Fee
46-60 days – 50% of the Placement Fee
7.3 The Rebate shall be repayable to Us in full where the Employer, any subsidiary, associated or holding company of the Employer subsequently re-engages the Candidate in any capacity within a period of six months.
7.4 If the Employer fails to pay the Placement Fee within 30 days of the date of Our invoice, the Employer will lose the benefit of these Rebate provisions and no Rebate shall be payable.
8. THE RECRUITER FEE AND COMMISSION (PERMANENT RECRUITMENT)
8.1 On a Candidate’s Start Date, We shall invoice the Employer for the Placement Fee it specified when posting its Vacancy.
8.2 On a Candidate’s Start Date the Recruiter should invoice Us for its Recruiter Fee being a sum equal to the Placement Fee, minus Our Commission. The Commission payable corresponds with the Recruiter’s Subscription Plan, and is set out on the recruitment agency pricing page of Our Site.
8.3 Subject to Our receipt of the Placement Fee in full, we will pay 50% of the Recruiter Fee on or around the 46th day following the Candidate’s Start Date and the remaining 50% of the Recruiter Fee on or around the 61st day following the Candidate’s Start Date (provided that no Rebate has been paid or is to be paid pursuant to clause 7 or otherwise).
9. OBLIGATIONS OF THE EMPLOYER FOR CONTRACT RECRUITMENT
9.1 For Contract Recruitment We act as an Introducer only. Payment and transactional terms should be agreed between the Employer and the Recruiter on an Assignment by Assignment basis.
9.2 The Employer agrees to notify Us immediately when a Contractor accepts an offer of an Assignment.
9.3 The Employer shall satisfy itself that the Recruiter has validated the Contractor’s eligibility to work on an Assignment including, but not limited to, all background, references, qualifications, security, criminal record checks, and all medical and legislative requirements, as further detailed in paragraph 10.2 below.
9.4 The Employer shall enable the Recruiter to comply with the obligations of the Conduct Regulations by providing the Recruiter with details of the Assignment including; the type of work the Contractor would be required to do, the location of the Assignment, the hours of work, the date the Employer requires the Contractor to start the Assignment, and the duration or likely duration of the Assignment.
9.5 The Employer will advise the Recruiter of any special health and safety matters about which the Recruiter would be required to inform a Contractor, and about any requirements imposed by law or by any professional body, which must be satisfied by a Contractor accepting an Assignment.
9.6 The Employer will assist the Recruiter in complying with (without limitation) the WTR and the AWR by supplying any relevant information about the Assignment requested by the Recruiter. The Employer will not do anything to cause the Recruiter to be in breach of its obligations under the WTR or AWR. Where the services of the Contractor are required or may be required for more than 48 hours in any week during the course of an Assignment, the Employer must notify the Recruiter of this requirement before the commencement of the Assignment, or when this is not reasonably practicable, before the commencement of that week in which the Employer requires the Contractor to work in excess of 48 hours. A normal working week commences on Monday.
9.7 In respect of each Assignment the Employer must give full details of the following, and warrants that the information is true and accurate in all material respects
9.7.1 all information the Recruiter requires to be able to discharge their obligation to the Contractor under the AWR;
9.7.2 whether or not the Contractor to be Introduced by the Recruiter has ever worked for the Employer or for any connected hirer of the Employer (as defined in Regulation 9 of the AWR) and, if so, full details of when and in what role;
9.7.3 details of any and all comparable employees of the Employer (as defined in Regulation 5 of the AWR) including their basic working and employment conditions and any and all other information which is necessary in order for the Recruiter to comply with the AWR;
9.7.4 details of any and all collective facilities and amenities which the Contractor should have access to pursuant to Regulation 12 of the AWR;
9.7.5 details of employment which the Contractor should have access to pursuant to Regulation 13 of the AWR; and
9.7.6 notification of any and all requests made to the Employer by a Contractor pursuant to Regulation 16 of the AWR and the Employer agrees to provide copies to the Recruiter.
9.8 The Employer must confirm they know of no reason why it would be detrimental to the interests of the Contractor to take the Assignment.
9.9 The Employer must confirm that the Contractor will not undertake any duties normally performed by a worker who is taking part in official strike action or by any other worker assigned to replace the worker taking such action.
9.10 The Employer shall use their best endeavours to keep confidential any confidential information of the Contractor (including without limitation any CV or other information provided in support of an application for an Assignment) that is provided to the Employer in connection with the Marketplace Services.
9.11 The Employer agrees to pay the hourly or daily charges for the Contractor’s services as agreed with the Recruiter. Charges comprise of Contract Remuneration together with the Recruiter’s consultancy fees calculated as a percentage of the Contract Remuneration, and any travel, hotel, or other disbursements as may have been agreed with the Employer or, if there is no agreement, such expenses as are reasonable. Charges are to be invoiced weekly or monthly, or periodically as agreed between the Employer and the Recruiter, and are payable on terms agreed between the Employer and the Recruiter.
9.12 During an Introduction the Employer consents to the disclosure by Us to Recruiters and Contractors of information relating to the Employer which the Employer has provided to Us. Employer and/or Assignment information will only be disclosed to Recruiters in active Introduction with the Employer.
9.13 In the event that the Employer proceeds to employ a Contractor on a Permanent Recruitment basis anytime during or within 6 months from the end of the Contractor’s Assignment with that Employer, the Employer will be subject to a Transfer Fee, payable to Us immediately upon commencement of the ex-Contractor employee’s new permanent contract of employment with the Employer.
10. OBLIGATIONS OF THE RECRUITER FOR CONTRACT RECRUITMENT
10.1 For Contract Recruitment We act as an Introducer only. Payment and transactional terms should be agreed between the Employer and the Recruiter on an Assignment by Assignment basis.
10.2 The Recruiter shall satisfy itself as to the suitability of any Contractor for the purposes of the Assignment for which the Contractor has been Introduced. Without prejudice to the generality of the foregoing, it is acknowledged by the Recruiter that it is for the Recruiter to take up references, to check the truthfulness of the Contractor’s application, to check the validity of qualifications and, to undertake credit security and/or criminal record checks, where the Assignment requires, to ensure that the Contractor is capable of operating any equipment and/or machinery to the necessary level. The Recruiter shall be responsible for obtaining any work and other permits and for ensuring that the Contractor satisfies any medical requirements or other qualifications that may be appropriate or required by law.
10.3 The Recruiter warrants that they are suitable to act as an employment business and agrees that they shall at all times comply with the Conduct Regulations, and the Equality Act 2010. In addition, the Recruiter agrees not to supply a Contractor in a way which could cause breach of Regulation 9 of the AWR.
10.4 When engaged with an Employer on the Marketplace, the Recruiter shall not publish or use the Employer’s company name or brand publicly when advertising the Employer’s Vacancy and searching for a Contractor.
10.5 When uploading a Contractor’s CV onto the Marketplace, the Recruiter shall anonymise the CV so as not to include any personally identifiable information about the Contractor.
10.6 The Recruiter will use reasonable endeavours to Introduce suitable Contractors to Employers via the Marketplace. The Contractor must meet the specification set out by the Employer for the Vacancy, and be legally able to work in the UK.
10.7 The Recruiter agrees to properly Screen Contractors which they submit for a Vacancy and, upon request by Us, be able to obtain confirmation from a Contractor that they are willing to work in the position in question before submitting the Contractor’s CV.
10.8 All CV submissions for Vacancies must be sent through Our Site. Any actions that circumvent or attempt to circumvent Our Site and the Marketplace Services by submitting CVs in any other way will lead to Account termination and all loss of Account information, Account data, and Account reviews.
10.9 Recruiters are not permitted to register as an Employer in order to post Vacancies on Our Site.
10.10 Contractors are represented by the first Recruiter to submit the Contractor in question to the Employer through Our Site. This clause shall not apply in the instance that a Recruiter who submits the Contractor first, cannot prove that the Contractor in question is a Screened Contractor including providing Consent Confirmation. This must be validated independently by the Contractor.
10.11 The Recruiter must provide Us upon request with the terms and conditions agreed with the Employer for each Assignment.
11. DUPLICATE CANDIDIATE/CONTRACTOR SUBMISSION PROCEDURE
11.1 In the event that a Candidate/Contractor is submitted to an Employer for a Vacancy by more than one Recruiter:
(a) the Recruiter who can provide the Candidate/Contractor’s Consent Confirmation is considered to be the Recruiter representing that Candidate/Contractor;
(b) if all the Recruiters have Consent Confirmation, then the Recruiter who obtained the Consent Confirmation from the Candidate/Contractor first, will represent the Candidate/Contractor; and
(c) if a Recruiter has the Candidate/Contractor’s Consent Confirmation but had submitted the Candidate/Contractor for the Vacancy prior to obtaining the Consent Confirmation, then the Recruiter who has followed the correct procedure in obtaining the Consent Confirmation before submitting the Candidate/Contractor for the Vacancy is considered to be the representing Recruiter.
11.2 If none of the Recruiters representing the same Candidate/Contractor for the same Vacancy have obtained Consent Confirmation for that Candidate/Contractor, then ownership of the Candidate/Contractor for the purpose of the Placement will lie with the Recruiter who submitted the Candidate/Contractor to the Marketplace first. Consent Confirmation must then be obtained retrospectively in order that the Candidate/Contractor may be a properly Screened Candidate/Contractor.
12. RECRUITER SUBSCRIPTION FEE, USAGE AND BENEFITS
12.1 We reserve the right to require payment from a Recruiter for certain or all Marketplace Services in advance of using the Marketplace Services. A Recruiter shall pay all applicable fees, as described on Our Site in connection with such Marketplace Services as selected by them. In the event that the Recruiter pays the Recruiter Subscription Fee in one total upfront sum, for example for 6 or 12 months of Marketplace Services, the fees paid for the duration of the contract are non-refundable.
12.2 Should payment of an invoice become overdue for any reason, We reserve the right to take legal action to recover the overdue debt plus statutory interest, together with an invoice for the remaining Recruiter Subscription Plan contracted period and Our costs incurred as a result of this action. If the Recruiter fails to pay the outstanding debt in full within 30 days following notice of nonpayment, We will commence legal proceedings without further notice to the Recruiter.
12.3 We reserve the right to change Our pricing and to institute new charges at any time, upon notice to the Recruiter, which may be sent by email or posted on Our Site. The Recruiter’s use of the Marketplace Services following such notification constitutes their acceptance of any new Terms or increased charges. Any fees paid hereunder are non-refundable.
12.4 We reserve the right at Our discretion to change any benefits, or to add or remove benefits on any subscription plan, from time to time without prior notice to the Recruiter. We do not guarantee that we will make available, and the Recruiter acknowledges that it may not receive any particular benefit during the term of the Recruiter Subscription Plan.
12.5 We grant the Recruiter access to non-exclusive, non-transferable Vacancies which the Recruiter may not give access, sublicense, split fee, or otherwise transfer the benefit of their Recruiter Subscription Plan to a third party, without Our prior written consent. Access to the benefits of the Recruiter Subscription Plan may only be accessed by named users for their internal business purposes only.
13. RECRUITER SUBSCRIPTION PLAN UPGRADES/DOWNGRADE
13.1 During the course of their Recruiter Subscription Plan, a Recruiter may upgrade or downgrade to a different Recruiter Subscription Plan at any time.
13.2 Upgrading a Recruiter Subscription Plan has immediate effect. Any existing Engagements by the Recruiter will be governed by the Recruiter Subscription Plan the Recruiter was using prior to the upgrade. New Recruiter Subscription Plan benefits will be allocated on a pro rata basis for the remainder of that calendar month.
13.3 To downgrade a Recruiter Subscription Plan, a Recruiter should contact Us. If a Recruiter downgrades their Recruiter Subscription Plan they remain on their current Recruiter Subscription Plan until the end of that calendar month. Their new Recruiter Subscription Plan will be realised at the start of the next calendar month. Existing Engagements will be governed by the Recruiter Subscription Plan prior to the downgrade.
13.4 We shall be under no obligation to refund any Recruiter Subscription Fee in the event of a Recruiter Subscription Plan upgrade or downgrade.
14. RECRUITER ACCOUNT TERMINATION
14.1 The Agreement shall remain in full force and effect while a Recruiter uses the Marketplace Services. A Recruiter may not terminate its use of the Marketplace Services within the first 6 months of purchasing a Recruiter Subscription Plan. We will automatically renew each Recruiter’s Recruiter Subscription Plan monthly, and bill the Recruiter every month on the Recruiter Payment Date using the credit or debit card details it the Recruiter provided to Us. After the first 6 months, a Recruiter may terminate use of the Marketplace Services by providing 30 days written notice to their Account manager on their Recruiter Payment Date.
14.2 We may suspend a Recruiter’s access to the Marketplace Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all data and information associated with the Recruiter’s Account on the Marketplace.
14.3 We shall be under no obligation to provide the Recruiter with access to the Marketplace if the Recruiter Subscription Fee (plus VAT) is not paid to Us on time.
14.4 The Recruiter must ensure that we have the complete and accurate billing and contact information throughout the Recruiter Subscription Plan, including the full name of the Account holder, its business address, and billing contact email address. If the Recruiter Subscription Fee become overdue, because, for example, the Recruiter’s credit or debit card has expired, we reserve the right to suspend access to the Marketplace until the balance is paid, and we reserve the right to close the Recruiter’s Account permanently. We reserve the right to take action in the best interest of Employers and/or Candidates in relation to an existing Engagement during a period of non-payment until the balance is paid.
14.5 We may also terminate or suspend any and all Marketplace Services and access to Our Site immediately, without prior notice or liability, if you breach any of the Terms of this Agreement. Upon termination of your Account, your right to use the Marketplace Services, access Our Site, and any content will immediately cease. All provisions of the Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation: ownership provisions, warranty disclaimers, obligations of confidentiality and limitations of liability.
14.6 If We withdraw access to the Marketplace because these Terms have been breached, no refund will be payable by us. In the event of a termination, we reserve the right to handle any existing Engagements in the best interest of the Employers and Candidates.
15. CONFIDENTIALITY AND DATA PROTECTION
15.2 In respect of personal data which is processed by Us as a data processor (as defined in the Data Protection Laws) on behalf of the Employer and the Recruiter as part of the Marketplace Services, We comply with all Data Protection Law.
15.3 All information relating to Candidates/Contractors is confidential and subject to the Data Protection Laws and is solely for the purposes of filing an Assignment or Vacancy for an Employer by a Recruiter. The information must not be used for any other purpose nor divulged to any third party and the Employer and the Recruiter undertake to abide by the provisions of the Data Protections Laws in receiving and processing the data at all times. The Employer and the Recruiter hereby indemnifies Us against all losses, liabilities, costs and expenses (included but not limited to legal costs) arising from or incurred by reason of the Employer or Recruiter’s failure to comply with this clause 14.3.
15.4 The Employer and the Recruiter may delete or request in writing the deletion or return of all personal data on termination of the Marketplace Services or at any time following termination of the Marketplace Services. Where an Employer and a Recruiter has not deleted the personal data prior to the termination of the Marketplace Services, We automatically delete all personal data after six months following the date of termination of the Marketplace Services unless otherwise required by applicable law.
15.5 The Employer and the Recruiter acknowledges and accepts that a Candidate/Contractor shall also have the right to withdraw their consent to the use of their personal data or information at any time and may request that We permanently delete all information and data held about that Candidate/Contractor from the Marketplace. In the event that a Candidate/Contractor exercises their rights in this clause, We shall notify the Recruiter who shall promptly and permanently delete all the information and data held about that Candidate/Contractor from the Marketplace. In the event that the Recruiter has not done so within a reasonable time, and has not notified Us of any requirement of the Recruiter or Us to retain the personal data, We reserve the right to remove such personal data and shall not be liable in any way for any loss or damage suffered by the Recruiter arising from such Candidate/Contractor exercising their rights.
15.6 We and each of the Employer and the Recruiter agree to keep in strict confidence confidential information concerning each other party’s business, affairs, customers, clients or suppliers (‘Confidential Information’) and undertake that they shall not at any time disclose to any person any Confidential Information of the other parties except as permitted by clause.
15.7 Each party may disclose the other parties Confidential Information:
(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s Confidential Information comply with this clause 14; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
15.8 No party shall use any other party’s Confidential Information for any purpose other than to perform its obligations under or in connection with these Terms.
16. LIMITATION OF LIABILITY
16.1 IN NO CIRCUMSTANCES SHALL WE, 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.
16.2 OUR TOTAL LIABILITY TO EACH OF THE RECRUITER AND THE EMPLOYER SHALL BE LIMITED TO THE AMOUNT OF THE COMMISSION RECEIVED BY US IN RELATION TO THE PLACEMENT THE LOSS OR DAMAGES ARISE FROM.
16.3 FOR THE AVOIDANCE OF DOUBT, IN RESPECT OF CONTRACT RECRUITMENT, WE ACT AS AN INTRODUCER ONLY BETWEEN THE RECRUITER AND THE EMPLOYER AND NO LIABILITY IS ACCEPTED BY US FOR ANY LOSS OR DAMAGES WHICH ARE DIRECT, 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 AN ASSIGNMENT.
16.4 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. The Employer and the Recruiter agree to indemnify Us from all claims, costs and expenses (including legal expenses) resulting from their breach of these Terms.
The Employer and the Recruiter acknowledge that Our Site operates a transparent ratings system, and feedback and review functionality and accordingly certain conduct, such as late payment of invoices or inappropriate or unprofessional behaviour, may have a detrimental impact on the Recruiter’s or Employer’s Marketplace rating, feedback, and reputation.
18. YOUR ACCOUNT
Access to your Account on Our Site is not guaranteed and may expire at any time without notice. We therefore recommend all users make their own appropriate backups and logs of activities. You are not permitted to share access to your Account and must take reasonable steps to ensure your login credentials are kept confidential. Use of Your Account is bound by the Computer Misuse Act 1990.
Unless otherwise agreed in writing, by using Our Site and Marketplace Services all users 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.
No failure or delay by either party in exercising any right or remedy under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict the further exercise of that or any other right or remedy. A waiver of any right or remedy shall only be effective if it is in writing and signed by the party giving the waiver.
If any of the provisions of these Terms shall be determined by any competent authority to be invalid, illegal or unenforceable to any extent, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
Any notice given to a party pursuant to these Terms shall be in writing, addressed to that party at its registered office or its principal place of business or such other address as that party may have specified to the other party in writing in accordance with this clause. Any such notice may be delivered personally or by first class prepaid post or email transmission and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting and if by email when dispatched (provided no message of error in transmission is received).
23. ENTIRE AGREEMENT
These Terms contain the entire 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 these Terms 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 these Terms. No changes can be made to these Terms without prior written consent by a Director of Hiring Hub.
24. THIRD PARTY RIGHTS
For the purpose of the Contracts (Rights of Third Parties) Act 1999, these Terms do not and are 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.
25. GOVERNING LAW AND JURISDICTION
25.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
25.2 Each party irrevocably agrees that the courts of England shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.