1 . DEFINITIONS
In these Terms of Business the following definitions apply:
1.1. “Applicant” means the person that has applied for the vacancy through any job board advertising or online site or e-mail.
1.2. “Applicant Communication” means e-mails, telephone calls and text messaging to an Applicant in order to generate a response.
1.3. “Campaign” means the length of time that the Advert will appear on the job boards.
1.4. “Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced.
1.5. “Fees” means the total charge payable by the Client as per the Order Confirmation.
1.6. “FFR” means Flat Fee Recruiter of 5 Feast Field, Horsforth, Leeds, West Yorkshire, LS18 4TJ.
1.7. “Order Confirmation” means you instructing FFR of your acceptance to the campaign by e-mail or by a completed order form.
1.8. “FFATS” means the Applicant Tracking System owned by FFR.
1.9. “Job Boards” means the websites that or social media sites that FFR have deemed a suitable medium through which to advertise the Client’s vacancy.
1.10. “Service” means the Online Recruitment Service as defined in section 5 of these Terms of Business.
1.11. “Vacancy” means the role that has been described by the Client.
2. THE CONTRACT
2.1. These terms relate to the Service provided by FFR and are deemed to be accepted by the Client on the return of an order confirmation.
2.2. These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of FFR, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.
3. NOTIFICATION AND FEES
3.1. The fee payable to FFR by the Client will be outlined in the quotation. VAT will be charged on the fee at the prevailing rate.
3.2. Invoices are issued for the Fee when the vacancy goes live on the internet job boards and should be paid within 30 days of the invoice date; however this facility is available subject to credit status and should you not meet our approval criteria we may ask for upfront payment of the full fee including VAT by credit or debit card, before the vacancy goes live.
3.3. Whether Applicants are employed on a Temporary, Contract or Permanent basis no further fees for this placement will be payable by the Client.
3.4. FFR reserves the right to charge interest on invoiced amounts unpaid for more than 30 days at the rate of 4% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
3.5. In the event that payment is not made on time, FFR will suspend any work on the current vacancies and restrict access to FFATS.
4. OBLIGATIONS AND RESPONSIBILITIES
4.1. FFR shall provide their service with reasonable care and skill.
4.2. The individual job boards maintain their services on a 24 hour by 7-day basis to support FFR recruitment requirements. In the event of job boards being unavailable for any consecutive period of 24 hours, FFR shall extend the term of this agreement by the period of the non-availability, without further payment from the Client.
4.3. FFR can alter the job boards that it uses to advertise the Client’s vacancy without notifying the Client.
4.4. FFR cannot be held responsible if a job board that it uses changes its functionality or advertising network / partnerships.
5. THE ONLINE RECRUITMENT SERVICE
5.1. Once an order confirmation has been received FFR will provide the following service:
5.1.1. FFR will provide a draft advert for approval. This draft advert will be compliant with current laws and legislation and remains the property of FFR.
5.1.2. Once the advert is approved by the Client this will be distributed across pre-selected job boards.
5.1.3. All applications will be received into the FFATS system where the Client will have access to see, review and communicate with them.
5.2. FFR cannot guarantee a particular level of success to a vacancy; response rates vary from job type and location.
6.1. FFR will hold all Applicants in their FFATS system in accordance with the Data Protection Laws.
6.2. Whilst FFR uses an online application form to gather information pertinent to an application, we cannot accept responsibility for the content in an Applicant’s CV, their answers or eligibility to work in the UK will need to verified by the Client.
6.3. The Client will keep all Applicant information strictly confidential and will act in accordance with the Data Protection Laws.
7. FFR ONLINE SYSTEM
7.1. The Client acknowledges that the Internet and FFATS website/system, services and equipment may from time to time be inoperative in full or in part as a consequence of, but not limited to, mechanical breakdown, maintenance, hardware or software updates, communication connectivity problems or other factors beyond the control of FFR. FFR will not be held liable for any failure or inability to provide continuous, error-free, uninterrupted services under these circumstances.
7.2. FFR will take reasonable care not to transmit viruses or malware to you but it is your responsibility to protect your computers against such attacks. Accordingly, FFR will not be liable for any damage resulting in the transmission from us to your computer systems.
8.1. FFR cannot accept responsibility for any loss, expense, damage or delay, however occasioned and it is the Client’s responsibility to take up references, obtained work permits and satisfy any medical requirements or professional qualifications as are required.
8.2. FFR’s liability to the Client for breach of contract or negligence shall not exceed an amount equal to the price of any individual campaign.
8.3. In no event shall FFR be liable for any special, indirect, consequential or purely economic loss whatsoever or any loss of profit 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 site. Nothing contained in these terms and conditions shall affect so as to limit our liability for loss or damage arising out of personal injury or death or acts of fraud.
8.4. Having in mind the nature of the service, FFR is not able to verify any statements made by you in your Advert and accordingly you agree to indemnify us from all claims, costs and expense, including legal expenses, resulting from your breach of these Terms and Conditions.
8.5. Whilst FFR endeavours to ensure that the information on its website is correct, FFR does not warrant the accuracy and completeness of that information. FFR may make changes to the material on this website at any time without notice. The material on this website may be out of date, and FFR makes no commitment to update such material. Please note that you will be required to use caution, common sense and good awareness as there are also risks of dealing with persons or people acting under false pretences. By using the website you agree to all risks and agree that FFR is not responsible for the acts or omissions of others.
9.1. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
9.2 FFR reserves the right to announce this Agreement solely on the website and to list the client as a client in its marketing materials, and the client grants FFR a right and licence to use its trademarks for this purpose.