TERMS AND CONDITIONS FOR THE USE OF THE CV LOCATOR SITE
- HR-CL LIMITED (registered company no. 10360799) of Head Office Address: Aquinas House, 63 Warstone Lane, Birmingham, West Midlands, B18 6NG (“CV Locator”, “we“, “us“, “our” and “ours”)
- You are a Client or potential Client of ours and are the recipient of these Terms of Business VIA a link on your agreement and “you“, “your” and “yours” refers to you. For the purposes of this agreement “you” includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of yours.
By signing the agreement or using information from us you are deemed to accept these Terms of Business (the “Terms“)
These terms which apply to all dealings between us relating to the business described in the Terms. Upon such acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows:
Definitions and Meanings
1.1. In these terms and conditions, the following definitions and rules of interpretation shall apply:
“Account” means the Head Office or Employer account registered on the CVLocator Website by or on behalf of the Client.
“Administrator” means any person acting on behalf of the Client and authorised by the Client to use the Client’s Account login information.
“Agreement” the agreement is an electronically signed document that confirms the details of either individual or multiple purchase of credits.
“Campaign” means 28 days of candidate attraction designed to attract Applications and source candidates on CV Databases, in relation to a Client’s Requirement contacting those candidates, screening those candidates and ultimately setting up interviews at the clients place of business.
“Portal” means an online applicant tracking system accessed via the CV Locator website for clients to review applications and oversee their campaign.
“Application” means a Candidate’s response to a Client’s Campaign or a Candidate harvested from a CV Database.“
“Candidate” means a person who responds to a Campaign or is proactively sourced via a CV Database or by other means.
“Credits” a credit entitles the Client to one campaign with CV Locator and is valid for one calendar year from the time of purchase (after one year it will expire). The Fee for a Credit is as set out in the agreement; however variations will not affect Credits already purchased (if the charges change, Clients will not be charged extra or offered a refund or partial refund for Credits already purchased but not used).
“Fees” means the fees and charges payable by the Client as specified or referred to in these Terms and on the agreement.
“Intellectual Property” means trade marks, database rights, registered designs, unregistered design rights, service marks, trade and business names, copyright and know-how.
“Requirement” means a request from the Client in any form for CV Locator to conduct a campaign on there behalf.
“Requirement Guidelines” each Requirement and Campaign. Must conform with all applicable legal requirements, including in particular those relating to discrimination, accurate information must be furnished to CV locator so all our attraction material in the public domain is without a loss of integrity.
“CV” means the curriculum vitae or any other document which outlines the details of a Candidate’s education, training, skills and employment experience which is provided to CV Locator via a online CV Database or via a direct application.
“Service” means any service that CV Locator provides to its Client under the terms of their contract.
1.2. Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine and vice versa.
1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
1.4 The Services are provided solely for the internal business use of the Client; the Client may not resell or sub-license the Services, provide them for the benefit of any third parties. This includes allowing a third party to access the Client’s Account.
- The Contract
2.1. These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the HR-CL Limited, these Terms prevail over any other terms of business or purchase conditions (or similar) put forward by the Client.
2.2. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a Director of HR-CL Limited and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
- Portal and provision of information
3.1 CV Locator services are provided through its Online Portal. CV Locator will use reasonable endeavours to keep the Portal available but does not guarantee any level of availability.
3.2 The Portal allows the Client to communicate with Candidates. Whenever this happens the Client:
3.2.1 is responsible for the content of all communications (even if CV Locator has had the opportunity to review or challenge that content);
3.2.2 must ensure that all communications are courteous and respectful;
3.2.3 must comply with all applicable laws (including employment legislation and data protection legislation) and act in accordance with good practice.
3.2.4 The Client will indemnify CV Locator for all Loss it may suffer in relation to a Campaign., any Client communication with a Candidate, or any other action taken by the Client on the Portal or in relation to a Candidate. The Client will assume responsibility at its own expense for the conduct of any dispute between it and a Candidate.
3.3 In addition, CV Locator does not check information provided by Candidates at any stage, and is not responsible for inaccurate or misleading information provided by Candidates.
3.4 CV Locator takes reasonable steps to protect its systems, including the Portal and its website, against attacks and malware, but cannot guarantee that the Client will not be affected by viruses or other harmful or malicious code as a result of accessing or downloading from the Portal.
- Credits and Requirements
4.1 Once a Client has signed an agreement the corresponding credits will be assigned to the clients Account. In order to start any recruitment campaign, a job advert must be agreed between CV Locator and the client, CV Locator will then post the job to the Portal on the clients behalf.
4.2 the Client must purchase the requisite number of Credits, and must maintain means of payment.
4.2.1 Payments are due 30 days from when the agreement is signed, even if the credit has not been utilised within a campaign.
4.3 For the avoidance of doubt, the Client shall not be entitled to a refund in respect of Credits purchased but not used.
4.4 Clients should note that a recruitment campaign may become public knowledge and may be found by their own employees. CV Locator is not liable for any consequences of this, and the Client should be ready to manage these issues as they arise.
4.5 Clients should note that if they receive multiple Applications in response to a single Campaign., they are free to recruit all Candidates, and that no additional monies are payable even if only one Credit was used to place the original Requirement.
4.6 The Client must ensure that each Requirement and Campaign. complies with the Requirement Guidelines; CV Locator may reject non-compliant Requirements. Clients should note that where inadequate or non-specific information is provided in a Requirement it will reduce CV Locator’s ability to target the Campaign. effectively and may well reduce the level or quality of response.
4.7 The Client must ensure that the Requirement and Campaign. are accurate and gives a true picture of the vacancy.
- Campaign. of the Requirement
5.1 Once the Client has agreed the requirements and agreed material to be advertised the campaign will begin by going live on the Portal. CV Locator will use its experience of the recruitment market to select appropriate online job boards and job categories (at its discretion). CV Locator does not guarantee a deadline for this but will commence the Campaign. reasonably promptly.
5.2 CV Locator regularly changes the job boards that it posts Campaigns. to. As such certain job boards may not be available after purchasing Credits. Furthermore, new job boards that are added after the Campaign. for a Requirement has been placed will not incur an additional fee.
5.3 because not all job boards use the same parameters, CV Locator will use its discretion and experience to modify Campaigns in order to meet the parameters accepted by a specific job board and will do so on the basis of its view of what would provide the closest fit with the Requirement. CV Locator may also modify Campaigns at its discretion to ensure compliance with law or with the Requirement Guidelines. CV Locator will obtain the Client’s approval for any modifications before posting the Campaign to a job board. Any delay in the Client granting such approval may result in a delay in the Campaign being posted.
5.4 the Campaign will then be available for the period allowed by each job board; this is usually 28 days but can vary from 7 days to 42 days (and may indeed alter further outside this range as practices develop).
5.5 for the avoidance of doubt, CV Locator will only contact candidates on the clients behalf for the purposes of telephone screening and arranging interviews for 28 days but the campaign may receive applications after this time.
5.6 reasonable steps to avoid Campaign directly or indirectly identifying the Client. They will usually carry only the branding of CV Locator but may carry the branding of third parties who work with CV Locator.
5.7 Once a Campaign is placed on a job board it cannot be changed; if the Client wishes to amend the Campaign it must use a further Credit to place a new Requirement on the Portal. CV Locator is not responsible for any aspect of the availability, accessibility or conduct of a job board.
5.8 The Client may withdraw its Requirement for any reason at any time and CV Locator will comply with this request; however the Client will not be entitled to a refund.
6.1 Applications may come to the Portal directly or via third party systems (in which case CV Locator is dependent on the quality of those third party systems). The Portal is not able to access covering letters or paper based applications.
6.2 CV Locator will format Applications into a common format (please note that the conversion process is not always perfect in its presentation, though actual content will not be affected).
6.3 CV Locator will provide Applications to the Client via the Portal, and if we have made contact with a candidate will display notes on the applicants CV Locator profile
6.4 CV Locator will provide the Client access to Applications through the Portal for 6 months from the time that the campaign starts; after this time continued access can be requested for an additional fee. However, once Applications are made available to or provided to the Client, the Client is responsible for storing them. CV Locator does not guarantee that back up copies will necessarily be available through the Portal and is not responsible for Loss if access is not available for any reason.
6.5 The Client may use Applications for the purpose of fulfilling its Requirements but should not make the Applications available to any other person.
6.6 We do not guarantee that an Campaign will result in a suitable Candidate being found; Credits will not be refunded if suitable Candidates are not found. The Client is responsible for the selection of the Candidates, for taking up references where relevant, and for ensuring that the Candidate holds valid qualifications and is entitled to work in the relevant locations.
- Recruitment Decisions
7.1 The Client accepts that the Client is solely responsible with regards to any recruitment decisions made about Candidates. The Client agrees that it does so in accordance with its own best judgement. CV Locator will only facilitate the sourcing of candidates.
7.2 The Client agrees that any liability for loss or damage arising from the recruitment of an applicant during the provision of a Recruitment campaign (including but not limited to the loss of revenue or profit, the loss of opportunity, the loss of reputation or the loss of employment) that CV Locator shall have no liability whatsoever in relation to such loss however it arises.
- Intellectual Property and Data Protection
8.1 CV Locator does not grant the Client any rights in the CV Locator brand, or the Portal (as developed from time to time), CV Locator’s database of CVs and Applications, the Campaigns or the Applications, and, as between the parties, CV Locator will retain all Intellectual Property in them. The Applications will be retained on the CV Locator database and are made available to the Client on a non-exclusive basis—Applications may be provided to other Clients irrespective of how the Applications are received by CV Locator or why they are submitted.
8.2 From time to time, Clients may make suggestions on how the Services, the CV Locator website or the Portal could be altered or improved, or as to additional services which CV Locator could offer. CV Locator may adopt and develop any such ideas free of charge, and will own all Intellectual Property in or resulting from such suggestions.
8.3 In our processing of personal data as part of the provision of Services to you, CV Locator will act as a data processor and the Client will be the data controller. In this context, CV Locator will maintain reasonable levels of technical and organizational security precautions in order to protect such personal data. It shall act in accordance with the reasonable instructions of the data controller in relation to the treatment of such data provided that: where such instructions impose additional cost, such costs shall be borne in advance by the data controller; and such instructions may not prevent it from performing its obligations under this Agreement or to any client. If we receive data subject requests we will provide reasonable assistance to the Client in responding to these. The Client acknowledges that the Portal is a shared platform and cannot be customized specifically for the Client.
8.4 CV Locator will retain CVs and Applications and, in such cases, will act as data controller.
8.5 The Client acknowledges that Applications are submitted under the express or implied terms offered by job board providers or other third parties and that processing of the personal data and use of the Applications will be subject to such terms.
- Promotion, Third Party Advertising, and User Content
9.1 You give us permission to disclose our business relationship to other parties to promote CV Locator’s provenance. This includes (but is not limited to) your company name and logo, testimonials, and any written or verbal communication.
10.1 You acknowledge and agree that:
(a) in relation to a Candidate’s information you will act in accordance with the Data Protection Act;
(b) you shall keep any information relating to a Candidate confidential and not use it for any purpose other than the purpose you disclose to us at the time the information is requested;
(c) you shall not directly nor indirectly pass Candidate information on to a third party;
(d) you shall not divulge to any other party, or use for your own benefit, any information capable of being confidential relating to the affairs of our business or business methods, or confidential information, received from each other, except that which is in the public domain or is trivial or obvious or authorised to be released or required by Court Order to be disclosed.
10.2 Any public statements you wish to make (in any media) will be agreed in advance with CV Locator.
10.3 Your confidentiality obligations above are for the benefit of both CV Locator and also the Candidates in question. Under the Contracts (Rights of Third Parties) Act 1999, we will allow Candidates to enforce these duties directly against You.
- Fees & Payment
11.1 The Fees should be taken as those stated on our agreements or as otherwise agreed by a representative of CV Locator and the Client in writing.
11.2 Our Fees are subject to change without notice. Changes to Fees will be set out on the CV Locator website or via any other means of communication. As indicated in the definition of Credits, such changes will not apply retrospectively to Credits already purchased.
11.3 Payment is 30 days from the signed agreement date. A pro-forma invoice may also be issued for upfront payment if a credit check uncovers a poor credit rating, if you are designated as a pro forma client then CV Locator will not start work on your vacancy until payment has been received.
11.4 Any discounted or specially negotiated Terms shall be reflected on the agreement.
11.5 In the event of any debt claim brought by us for any outstanding payments due, any outstanding amount owed will be subject to the interest rate set out in the Commercial Debts (Late Payment of Interest) Act 1998.
11.6 All Fees are exclusive of Value Added Tax (VAT) or other applicable sales tax. VAT will be charged at the applicable rate.
12.1 We may terminate this agreement at our sole discretion if:
(a) after providing written notice to the Client of breach of these Terms, such breaches are not rectified within 5 working days by the Client;
(b) the Client fails to pay CV Locator on the due date any sums that may be due;
(c) the Client is using the Service for any improper use, creating a service or product competing with CV Locator, exceeding reasonable requests, or is acting in such a way as to damage, or with the intention of damaging, the reputation of CV Locator.
13.1 In no event shall we be liable for any indirect Loss, regardless of whether such Losses are foreseeable and whether or not caused by our negligence arising out of or in connection with the use of the Service.
13.2 CV Locator is not liable for any:
13.2.1 loss of revenue or profit;
13.2.2 loss of opportunity;
13.2.3 loss of reputation;
13.2.4 loss or corruption of data; or
13.2.5 loss arising out of User Content, in each case whether direct or indirect.
13.3 Nothing in these Terms shall have effect to limit our liability for loss or damage arising out of personal injury or death or acts of fraud (including fraudulent misrepresentation). CV Locator is not acting as agent for the Client.
13.4 CV Locator’s maximum aggregate liability to the Client for any Loss arising out of or in connection with this agreement or the Services performed by CV Locator shall not exceed eight thousand pounds (£10,000).
- Agreement and general provisions
14.1 These Terms contains the entire and only agreement between the parties and supersedes all previous agreements between the parties respecting the subject matter of this agreement. No terms shall be implied into these Terms by operation of law (including statue or statutory regulation) or otherwise.
14.2 Each party acknowledges and agrees that in entering into this agreement 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 this agreement.
14.3 Each party acknowledges and agrees that the only remedy available to it for breach of this agreement shall be for breach of contract under the terms of this agreement.
14.4 No changes can be made to these Terms or to the contract between CV Locator and the Client without written consent by a director of CV Locator.
14.5 For the purpose of the Contracts (Rights of Third Parties) Act 1999, this agreement does not and is 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.
14.6 Nothing in these Terms shall be construed to make CV Locator or the Client partners, joint ventures, principals, agents, or employees of the other.
- Governing Law and Jurisdiction
15.1 The laws of England and Wales govern this agreement and all non contractual obligations arising out of it. The parties submit to the exclusive jurisdiction of the English Court