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TERMS OF BUSINESS

Terms & Conditions

Advertiser Terms

We are The Hire Hub and “we “, “us “, “our” and “ours” refers to The Hire Hub Careers Ltd, Company Number held with Companies House; 16117734 whose registered address is 117 Dartford Road, Dartford. Kent DA1 3EN and all branches of The Hire Hub Careers Ltd. The Hire Hub Careers Ltd, for the purposes of this agreement, includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of The Hire Hub.

You are a Client or potential Client of ours and are the recipient of these Terms of Business 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 accepting or requesting any services or using information from us you are deemed to accept these Terms of Business (the “Terms “), which apply to all dealings between us relating to the business described in the Terms and override any terms proposed by you unless we have such terms in writing and agreed by a director of The Hire Hub. Upon such acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows:

1. Definitions & Meanings

1.1 In these Terms the following words and phrases shall have the following meanings unless the context requires otherwise:

“Account” means the account registered on behalf of the Client.

“Talent Scout” is an assigned Specialist who will take full vacancy details from the Client.

“Job Description” These details will be taken by the Talent Scout from the Client. It represents a request from the Client in any form for The Hire Hub to introduce a Candidate or provide any other advertising, searching or filtering service. For the avoidance of doubt The Hire Hub is not acting as an employment agency as defined in the Employment Agencies Act 1973. The Hire Hub is purely a venue for employers and Candidates to meet and is not involved in the actual transaction between Clients and Candidates.

“Hire and Search” means information taken from the Client is adapted to form a search string designed to be used by the Search Facility to attract Applications from Candidates in relation to a Client’s Requirement.

“Search Facility” Used by The Hire Hub to find Candidates who match Client requirements.

“Application” means a Candidate’s response to a Client’s Advertisement.

“Candidate” means a person who responds to an Advertisement.

“Fees” means the fees and charges payable by the Client as specified or referred to in these Terms.

“Job Description Guidelines” All descriptions must conform with all applicable legal requirements, including those relating to discrimination. It must also be stated in a manner which is appropriate, gives a true picture of the vacancy and conforms with The Hire Hub’s acceptable use policies (which apply both to the content and to the nature of the position). In addition, each Requirement or Advertisement must be in English and contain at least the following information:

Job Title.

Salary.

Hours of work, including information about part-time working and job-sharing.

Location(s) at which the Applicant will need to work (these should be exact rather than generic) Term of the engagement (whether permanent or fixed term, and if fixed term, the length of the term and any potential renewals).

A description of the role.

Necessary/desirable/trainable qualifications and experience.

Personality profile Long term career progression.

“C.V/C.V’s” 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 The Hire Hub by a Candidate for distribution to Clients with a view to securing a Requirement.

“Candidate Profile” Written by the Talent Scout to update the Client about the information gained after interviewing Candidates that match the job description. The profile will include a personality overview. This information is unsupported by firm evidence. The Talent Scout should remain unbiased, and the Client should not make them part of the interview decision.

“Service” means any service that The Hire Hub provides to its Client under the terms of their contract.

“User” means any person who uses or posts User Content on the Hire Hub website (including any microsites).

1.2 All references to a statutory provision shall be construed as including references to: (a) any statute, modification, consolidation or re-enactment (whether before or after the date of this Agreement) for the time being in force. (b) all statutory instruments or orders made pursuant to it; and (c) any statutory provisions of which it is a consolidation, re-enactment or modification.

1.3 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 on a service bureau basis or otherwise make them available directly or indirectly for the benefit of any third parties. This includes allowing a third party to access the Client’s Account.

1.4 The Hire Hub may amend these Terms from time to time and notice of this will appear on the Hire Hub website and your Account and continued use of the Services after the provision of such notice will constitute acceptance of the revised terms.

2. How to recruit online through The Hire Hub:

2.1 The steps involved in the standard selection services offered by The Hire Hub. Further details, and information about other Services are then provided in the rest of the Terms: Creation of Account and use of information

2.2 The Client’s first step is to contact The Hire Hub to create an Account. Only one Account and one primary Administrator may be created for each Client. The Client may add additional Administrators under additional usernames within a single Account. The Hire Hub will be entitled to act on instructions and information by the Client’s Administrators as acting on behalf of the Client. The Client is responsible for monitoring its Account for messages sent by The Hire Hub: The Client will be deemed to have notice of communications sent to its Account.

2.3 is responsible for the content of all communications (even if The Hire Hub has had the opportunity to review or challenge that content).

2.4 must ensure that all communications are courteous and respectful.

2.5must comply with all applicable laws (including employment legislation and data protection legislation) and act in accordance with good practice. The Client will indemnify The Hire Hub for all Loss it may suffer in relation to a Requirement or Advertisement, any Client communication with a Candidate. The Client will assume responsibility at its own expense for the conduct of any dispute between it and a Candidate.

2.6 Equally, The Hire Hub does not verify information provided by Candidates at any stage and is not responsible for inaccurate or misleading information provided by Candidates.

2.7 The Hire Hub takes reasonable steps to protect its systems, and malware, but cannot guarantee that the Client will not be affected by viruses or other harmful or malicious code because of accessing or downloading from the website

3. Credits and Requirements

3.1 In order to recruit, the Client must purchase, with cleared funds the selection package that is required. Payment methods accepted by The Hire Hub may change from time to time.

Once the Client has chosen and paid for their preferred selection method then our journey together begins. One of our Talent Scouts will be in touch. We want you to return and use our service again so please take time to build a strong bond with your Talent Scout, they will be assigned to you whenever you must find a Hire. Sometimes people just don’t gel, and we all understand that so if you feel you need to change your Scout, for any reason, please advise HO.

3.2 Clients should note that their recruitment activity through The Hire Hub will become public knowledge and may be found by their own employees. The Hire Hub is not liable for any consequences of this, and the Client should be ready to manage these issues as they arise.

3.3 Once the Client has agreed the Service Agreement, it should define its Requirement, create the job description with the Talent Scout

3.4. To recruit, the Client must select the service level required and purchase the total cost of the package. Payment methods accepted by The Hire Hub may change from time to time.

3.5 Clients should note that there is no limit to the times they recruit from one search and that no additional monies are payable even if only one payment was used to place the original Requirement.

3.6 The Client must ensure that each Requirement and Advertisement complies with the Requirement Guidelines; The Hire Hub may reject non-compliant Requirements. Clients should note that where inadequate or non-specific information is provided in a Requirement it will reduce The Hire Hub’s ability to target the vacancy effectively and may well reduce the level or quality of response.

3.7 The Client must ensure that the job description is accurate and gives a true picture of the vacancy.

3.8 The Hire Hub offers the Talent Scout to assist the Client in creating its job description; for the Client’s benefit and do not affect the Client’s responsibilities as regard clause 3.7. The Hire Hub does not guarantee that the use of the Talent Scout will lead to an increased level or quality of response.

3.9 Objective of The Hire Hub: The objective of The Hire Hub is to provide clients with candidate C.V’s that align with the job description mutually agreed upon. The Hire Hub is not responsible for decisions regarding candidate interviews or verifying candidate availability.

3.9(a) Rebate of Success Fee: If The Hire Hub fails to meet the service objective, 100% of the Success Fee will be refunded to the Client. This rebate applies to the Yellow, Blue, and Green Services.

3.9(b) Exclusions from Rebate Eligibility                                                                                                                                                                        

A Rebate is not applicable if candidate C.V’s have been provided but the Client does not proceed with interviews.                            

• A Rebate is not applicable if selected candidates are unavailable for interviews or have secured alternative employment.              

A Rebate will not apply if the client determines that the provided C.V’s do not offer sufficient variety of choice.

3.9(c) Rebate Request Process: Clients who believe a rebate is due must submit a written request to a Director of The Hire Hub within 14 days of receiving the C.V’s. The Director will conduct a formal review of the candidates supplied, assess the matching criteria, and determine the appropriate course of action. The Directors decision is final.

4.Searching for the Candidates

4.1 Once the Client has registered the Vacancy with the Talent Scout, The Hire Hub will use their resourcing team to search relevant job boards, it does not guarantee a deadline for this but will work to a 36-hour target.

4.2 The Hire Hub regularly changes the job boards that it searches

4.3 Because not all job boards use the same parameters, The Hire Hub will use its discretion and experience to modify vacancies, to meet the parameters accepted by a specific job board, and will do so based on its view of what would provide the closest fit with the Requirement. The Hire Hub may also modify, at its discretion, to ensure compliance with law or with the Requirement Guidelines.

4.4 With the exception of the Green Package, which will allow up to 5 changes in search criteria, vacancies covered in the Yellow and Blue Package cannot be changed once registration is agreed and the search authorised. Once a vacancy has been searched on a job board it cannot be changed; if the Client wishes to amend the vacancy, then they must cancel and pay for re-registration of the vacancy. The Hire Hub is not responsible for any aspect of the availability, accessibility or conduct of a job board.

4.5 The Client may withdraw its Requirement for any reason at any time and The Hire Hub will comply with this request; however, the Client will not be entitled to a refund.

5. Searches

5.1 Candidates may come to the Hire Hub directly or via third party systems (in which case The Hire Hub is dependent on the quality of those third-party systems). We can access covering letters and paper-based applications.

5.2 The Hire Hub asks Candidates to complete an equal opportunity monitoring form; this information will be provided to the Client in anonymised form, and if there are enough people involved then the anonymisation will be effective.

5.3 The Hire Hub will format candidates’ profiles into a common format, but the Client must still rely on its own judgement in selecting Candidates.

5.4 The Hire Hub will provide Candidates to the Client at intervals to be agreed with the Client.

5.5 The Client may use candidates for the purpose of fulfilling its hiring but should not make the C.V’s available to any other person.

5.6 We do not guarantee that a search will result in a suitable Candidate being found; In this case, dependent on the package purchased, some rebates could be due if suitable Candidates are not found. If this happens that client should request a rebate by email.

5.7 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.

6. Further steps and other options

6.1 The Client may ask Candidates to answer filter questions. Such questions should comply (where relevant) with the Requirement Guidelines, and the Client is responsible for formulating and requesting that the Talent Scout ask the questions. If Candidates mistakenly answer questions incorrectly, they may be excluded, so the Client is advised to make filter questions both relevant and clear.

7. Job References

7.1 A Candidate may seek to support his/her application by providing a reference (a “Reference “) from a past employer (a “Referee “). The Client acknowledges that The Hire Hub cannot compel a Referee to provide a Reference.

7.2 The Client agrees that The Hire Hub is a conduit and does not verify information provided by Referees at any stage, and that The Hire Hub is not responsible for inaccurate or misleading information provided by Referees.

7.3 The Client accepts that the Client is solely responsible with regards to any recruitment decisions made about Candidates, including any decisions made upon reliance on a Reference. Where the Client seeks to rely on a Reference to make a recruitment decision, the Client agrees that it does so in accordance with its own best judgement. The Hire Hub encourages the Client to obtain any further information it requires to be satisfied about and/ or verify the information given in a Reference.

7.4 The Client agrees that any liability for loss or damage arising from the provision of a Reference (including but not limited to the loss of revenue or profit, the loss of opportunity, the loss of reputation or the loss of employment) falls to be decided between the Client and the Referee and that The Hire Hub shall have no liability whatsoever in relation to such loss however it arises.

8. Intellectual Property and Data Protection

8.1 The Hire Hub does not grant the Client any rights in the Hire Hub brand. The Hire Hub’s database of resumes and Applications, the Advertisements or the Applications, and, as between the parties, will retain all Intellectual Property of them. The Applications will be retained on the Hire Hub 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 The Hire Hub or why they are submitted.

8.2 From time to time, Clients may make suggestions on how the Services, the Hire Hub website could be altered or improved, or as to additional services which The Hire Hub could offer. The Hire Hub 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, The Hire Hub will act as a data processor and the Client will be the data controller. In this context, The Hire Hub will maintain reasonable levels of technical and organisational security precautions 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.

8.4 The Hire Hub will retain Resumes 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.

8.6 In Clauses 8.3 to 8.5 terms from the Data Protection Act 1998 will have the meanings given in that Act.

9. Promotion, Third Party Advertising, and User Content

9.1 You give us permission to disclose our business relationship to other parties to promote The Hire Hub’s provenance. This includes (but is not limited to) your company name and logo, testimonials, and any written or verbal communication.

9.2 The Client should note that The Hire Hub may allow third party advertising on its website and microsites. The Hire Hub does not moderate such advertising and is not liable for any consequence of this, including any competitor advertising.

9.3 User Content may include reviews of the Client. The Hire Hub may, but is under no obligation to, moderate any potentially negative comments before they are posted to its websites and/or microsites.

10. Confidentiality

10.1 You acknowledge and agree that:

(a) 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.

(b) in relation to a Candidate’s information you will act in accordance with the Data Protection Act.

(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 The Hire Hub.

10.3 Your confidentiality obligations above are for the benefit of both The Hire Hub and the Candidates in question. Under the Contracts (Rights of Third Parties) Act 1999, we will allow Candidates to enforce these duties directly against You.

11. Fees & Payment

11.1 The Fees should be taken as those stated on our website or company literature or as otherwise agreed by a representative of The Hire Hub and the Client at the time of receiving an order.

11.2 Our Fees are subject to change without notice. Changes to Fees will be set out on The Hire Hub website or via any other means of communication.

11.3 Payment is due upfront and may be made by BACS. A pro-forma invoice may also be issued for upfront payment. The Hire Hub will not start work on your vacancy until payment has been received.

11.4 Any discounted or specially negotiated Terms shall only prevail if payment is received upfront. If payment has not been received upfront, standard Terms shall exist.

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.

11.7 Should a rebate become due The Hire Hub will complete FPS transfer on the last day of the month.

12. Termination

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 The Hire Hub 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 The Hire Hub, exceeding reasonable requests, or is acting in such a way as to damage, or with the intention of damaging, the reputation of The Hire Hub.

13. Liability

13.1 The Hire Hub’s maximum aggregate liability to the Client for any Loss arising out of or in connection with this agreement or the Services performed by The Hire Hub shall not exceed eight thousand pounds (£8,000).

13.2 In no event shall we be liable for any indirect Loss, regardless of whether such Losses are foreseeable and whether caused by our negligence arising out of or in connection with the use of the Service.

13.3 The Hire Hub is not liable for any:

13.4.1 loss of revenue or profit.

13.4.2 loss of opportunity.

13.4.3 loss of reputation.

13.4.4 loss or corruption of data; or

13.4.5 loss arising out of User Content, in each case whether direct or indirect.

13.5 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). The Hire Hub is not acting as agent for the Client.

14. Entire 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 The Hire Hub and the Client without written consent by a director of The Hire Hub.

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 The Hire Hub or the Client partners, joint ventures, principals, agents, or employees of the other.

15. 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 Courts.