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Terms and Conditions v 1.3.7



Definitions.

“OLR” refers to OLR Recruitment Ltd. Online-recruit.net is a trading name of OLR Recruitment Limited whose business address is 12 Railway Court, Station Rd, Glasgow, G66 7LL. The “Client” shall refer to the person, or corporate body requiring the services of OLR as per the following Terms and Conditions. The "Applicants" means any person applying or responding to the advertised vacancy. The "Service" means the service provided by us in the sourcing of candidates through online resources such as database searches, networking and advertising the vacancy and the subsequent screening and selection of suitable candidates. “Campaign” means any job listing, banner, button, mini-banner, micro-site, pop-up, display advert, sponsorship, and all other recruitment services that we provide to the client.

1.The Contract

1.1 These terms, together with matters set out on the Rate Card, form part of an agreement between you, the Client, and ourselves, OLR Recruitment Limited, and set out the conditions under which you may access the Services available, (the "Terms"). These Terms wholly and absolutely supersede any other pre-existing, including those laid down by the Client. By our accepting a Client Purchase Order number to commence provision of services we are not bound by any terms contained therein or attached thereto. It is accepted by the client that the Terms and Conditions laid out here by online-recruit.net are binding on both parties. By engaging and employing the Services of Online-recruit you have confirmed to us that you both understand and agree to be bound by these Terms, whether or not OLR is in receipt of a signed order form or Client PO number.

1.2 If OLR accepts such instructions then these terms shall form the basis of the contract between OLR and the Client in respect of those instructions and any subsequent instructions accepted by OLR.

1.3 We reserve the right to change the Terms and any other terms contained elsewhere on the Site at any time. It shall be your responsibility to check the Terms regularly to ensure that you agree to any such amendments. These Terms and Conditions completely and wholly supersede any previously issued version whether in web-page format or hard copy. If you do not agree to any changes which we have made, you should stop using the Services immediately.

2. The Services

2.1 OLR undertakes to the client to carry out the agreed recruitment services in a professional and responsible manner.

2.2 To enable OLR to comply with its obligations under the current REC code of conduct, the Client undertakes to provide to OLR details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date the Client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.

2.3 Obligations of the Client’ You undertake and agree that:

a. You are over eighteen years of age and the details provided by you to register yourself and any vacancy are correct and complete;

b. You undertake to comply with the Data Protection Act 1998 or relevant legislation when dealing with the information from Applicants or us and will keep any such information confidential;

c. You will provide regular feedback on each submitted candidate in terms of their suitability for the role or any other relevant detail in order to assist in the screening process throughout the campaign to enable OLR to source the most appropriate candidate for a given campaign. Failure to provide such feedback ultimately has a detrimental impact on the selection and screening process and therefore compromises OLR’s ability to provide the client with suitable candidates. In such circumstances, no guarantee can be provided in terms of submitted candidates’ suitability and OLR will take no responsibility for such and will not offer any refund against unsuccessful campaigns conducted in such a manner.

d. You are responsible for ensuring that the content of any vacancy description submitted to us is not discriminatory, obscene, defamatory or in any other way illegal or in breach of any legislation and all vacancy descriptions you provide will comply with all applicable laws and regulations and including but not limited to the British Codes of Advertising and Sales Promotion and the Business Advertisements (Disclosure) Order 1977 or any other codes of practice provided by the Advertising Standards Authority. You will ensure the Applicant is fully aware of any conditions imposed by law, which the Applicant must satisfy.

3. Vacancy submissions

a. We reserve the absolute right to:

i. approve all vacancy submissions;

ii. refuse, omit, suspend publication of any vacancy or part of it without notice to you and without giving a reason.

iii. change or alter any vacancy description or part of it in any way we consider necessary without consulting you.

b. No campaign will proceed until you have indicated verbally, by email or otherwise that you wish the campaign to commence, or we are in receipt of an official Online-recruit. net Order Form, signed and dated by you, or full payment as laid out in the rate card has been received. Commencement of any campaign will be at the discretion of OLR.

c. Where vacancy descriptions appear as listings, each listing is for one job type only, in one location only, and in one industry sector only. Each such job listing will remain on the site for 28 consecutive days, unless alternative timescales have been expressly agreed between the parties and confirmed in the Sales Order Form. You may request closure of any campaign before it has completed its term but you will not be entitled to a refund for the remaining time up to the agreed 28 days.

d. Where a single campaign is run covering more than one role in more than one location, this will be deemed as a generic advertisement campaign, and no guarantees will be offered in terms of procuring suitable candidates. OLR’s service is based upon accurately targeting candidates for a specific role of a specific discipline in a specific geographical location. This is not possible where a generic campaign is conducted due to the ‘generalist’ nature of this approach. There will be no exceptions to this condition.

4. Standard vacancy service fees

4.1 It is agreed that each campaign runs for a period of not less than 28 days. Cost of provision of additional services will be agreed at the time of campaign commencement. Fees are subject to the addition of VAT and any agreed expenses for additional services as agreed in advance. Premier, PremierPlus, Response, Interview Management and Reference Checking Services are provided on a bespoke basis and are therefore charged according to the service level required.

4.2 The agreed fees for any / all campaigns submitted by the Client, shall be paid to OLR in advance of commencement of the campaign, except where previous arrangements have been agreed and a credit account has been set up with OLR. In the case of the 'Invoice on Offer' service, a signed order form is required prior to the campaign being undertaken, whereupon the invoice is raised at the time of offer acceptance by the candidate. Should the candidate for any reason, delay commencement of employment with the client for up to a period of 365 days from the date of acceptance, the full fee is due and payable within the standard terms. All invoices are due payable by the Client within 7 days from date of invoice unless alternative credit arrangements have been agreed in advance. An additional 10% surcharge may be applied in cases where payment is not received within the agreed time scales, as laid out herein. This is in addition to those charges laid out in section 4.5.

4.3 OLR endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of facts to the pre-determined criteria agreed between the Client and OLR. Once the applicant details have been passed to the Client, then it is the responsibility of the Client to handle all further aspects of the recruitment process including responding to the candidate even if they are deemed unsuitable for the role advertised.

4.4 The Client will be responsible for obtaining any work permits, validating qualifications and any further subsequent checks in order to confirm the applicants suitability for the vacancy.

4.5 OLR reserves the right to charge interest on any invoice unpaid after 28 days at a rate equal to 4% above the Bank of England base lending rate. An additional administration charge of, or equivalent to £150+VAT per MONTH may also be levied upon any such overdue invoice, plus a surcharge equivalent to 10% of the outstanding amount may also be added.

4.6 Any refund for services requested by a client for what ever reason, will be paid solely at the discretion of a Director of OLR. There will be no exceptions to this condition.

4.7 Any offered discount whether Introductory or otherwise will be voided should payment not be received in accordance with section 4.2, and standard charge rates will be applied as per section 4.1.

4.8 Where it becomes necessary for OLR to take legal action for recovery of monies owed from any overdue invoice(s), the total amount of any subsequently issued invoice(s), will become due and payable immediately upon request.

5. Liability

Except for death or personal injury arising from our negligence, OLR shall not be liable, under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential), including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill, which may be suffered or incurred by the Client arising from or in any way connected with OLR seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of OLR to introduce any Applicant. We will not be liable for any loss or claim whatsoever occasioned by the non-inclusion of any advertised vacancy or by any errors, misprints or omissions in such advertisement, or your inability to use the Site.

a. We do not verify or guarantee any Applicant's details whether forwarded directly to you via the Site or otherwise. OLR’s responsibility to the Client is wholly limited to the provision of recruitment services in sourcing of candidates through the agreed media outlets and screening applicant suitability to the Clients criteria. Unless otherwise agreed, this will include and is restricted to checking work permit status and suitability of skills, experience and qualifications and the Client will take up any reference provided by any Applicant.

b. The service is provisioned without any warranties or guarantees. You must bear the risks associated with the use of the internet. We do not make any warranty that this Site (or any connected website) is free from computer viruses, "cookies" or any other malicious or impairing computer programs and/or that the Site will operate uninterrupted and error free.

6. Intellectual Property

a. All content of the Site including online campaign profiles (job adverts) in whole or part remains the property of OLR and is protected by copyright, trademark, database and other intellectual property rights. You may retrieve and display any part of the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.

b. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content including any part of any advertisement written and advertised on the Site or elsewhere without our prior written permission. No licence is granted to you to use any of OLR Recruitment Ltd or its affiliated companies' trademarks including, without limitation, the trademarks online-recruit.net, OLR.net or OLR.net Ltd.

c. Breach of any part of these conditions is deemed as copy-write infringement and accordingly the infringing party will be required to make immediate payment of the full service charge applicable at that time, plus any additional costs incurred as a result of any damages and OLR requiring to take any actions to protect its Intellectual Property rights. We reserve the right to pursue through litigation, removal of any such advert in part or entirety / reproduced section / copy-write protected content where so ever it may appear online or in any part visible in any public domain. Any associated costs for taking such action shall be the liability of the infringing party.

7. Indemnity

You agree to indemnify and to keep us indemnified in respect of, but not limited to, all damages, costs or liabilities that we may incur arising from your vacancy advertisement(s), and in particular resulting from the following:- the publication of any defamatory statement; breach of copyright; any claims made by any person in respect of race, religion, age, sex or disability discrimination; any fines or penalties imposed by any regulatory, advertising or trading body or authority as a result of your use of the Site and any claims made that any vacancy description is in any way illegal or in breach of any legislation or regulation or any relevant Code of Practice.

8. Disclaimer

Except as otherwise provided by statute, we disclaim all warranties, express or implied by law or statute, in relation to, but not limited to, the Site.

9. Cancellation

Any order for services may be cancelled by either party, provided that such party gives notice in writing to the other no less than 30 days before the intended date of cancellation.

10. Law

These terms and any contract in respect hereof shall be governed in all respects by the Law of Scotland and each party hereby submits to the exclusive jurisdiction of the Scottish Courts regardless of the geographical location of said Client.

11. Miscellaneous

a. You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.

b. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms which remain in full force and effect.

c. If you breach these Terms and we ignore it, we will still be entitled to exercise our rights and remedies at a later date or in any other situation where you breach the Terms.
 
online-recruit.net, Ph: +44 1360 848086 / +353 1442 8954 Fax: +44 1360 313086 E-Mail: contact@online-recruit.net
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