Terms of Business
By using the Flat Fee Recruiter (FFR) Service, the Client agrees to be bound by the Terms. Please read them carefully.
In this Agreement 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 Board” means the websites 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.
1.12. “PPC / PPA” means Pay Per Click / Pay Per Application, an online advertising model which costs each time a user clicks on the advert.
- THE CONTRACT
2.1. This agreement will be governed by the Laws of England whose courts will have exclusive jurisdiction. Any cause of the action the Client may have in respect of the Service and/or this Agreement must be commenced within 12 months after the claim or cause of action arises. If for any reason any provision of this Agreement is found to be or becomes invalid or unenforceable under any applicable statute, regulation rule or governmental or judicial act or order then such provision will be deemed amended to the minimum extent necessary to delete or modify such invalid or unenforceable provision and the remaining provisions hereof will remain in full force and effect.
2.2. No variation or alteration of the Agreement will be valid unless approved in writing (by letter or email) by both a Director of the Company and a duly authorised employee of the Client.
2.3. Headings are for information only and will not form part of the operating provisions of this Agreement.
2.4. Nothing in this Agreement should be construed as a partnership or joint venture between the parties.
2.5. These terms relate to the Service provided by FFR and are deemed to be accepted by the Client on Order Confirmation.
2.6. 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.
2.7. The Company amends its Terms of Business from time to time. Every time you wish to use the FFR Service, please check these Terms to ensure you understand the terms that apply at that time.
2.8. FFR reserves the right to announce this Agreement solely on the website.
- NOTIFICATION AND FEES
3.1. All fees will be agreed in advance and the fee payable to FFR by the Client will be outlined in an Order Confirmation on an invoice, email or a draft advert. The Client will provide approval for this. This approval will be verbal, in writing or via e-mail and the Client will provide FFR with purchase orders where appropriate. 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 28 days of the invoice date; however this facility is available subject to credit status and should the client not meet our approval criteria, we may ask for an upfront payment of the full fee including VAT by credit or debit card before FFR commences any service for the client, including drafting the client’s advert.
3.3 In the event that our service is cancelled by the Client once the FFR Online Recruitment Service (5) has started, a cancellation charge of £150 will be paid by the client, within 5 days of instruction of cancellation.
3.4. Any invoice that remains unpaid after 45 days of the invoice date will result in the suspension of the Service, until payment is received by the bank of FFR.
3.5. FFR reserves the right to charge interest on invoiced amounts unpaid for more than 28 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.
3.6. Job Credits are defined as retained monies to pre-purchase online job board advertising from the Job Boards that FFR deems appropriate at the time of initiating the usage of a campaign. Credits will be used against any Vacancies submitted, and credits are not refundable in any circumstances. When purchasing Job Credits, the client irrevocably waives any right competent to FFR now and in the future to set off whether by compensation, retentions or monies paid in advance against any debts due to the FFR. In the event of termination of the agreement for any reason, all sums owing to FFR are due for payment.
3.7. Regardless of how many applicants the Client hires, or whether Applicants are employed on a Temporary, Contract or Permanent basis, no further fees for this placement will be payable by the Client.
- 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.
4.5 FFR will allocate PPC / PPA budget on relevant job boards on behalf of the client (Indeed, LinkedIn, Facebook, Google etc), but can not be held accountable for how fast this is used up, the functionality, or the algorithms of these job boards.
4.6 FFR cannot be held responsible for the content or branding that is published on any other third-party job board, job board partner or website.
4.7 Before FFR publishes an advert on the job boards, the Client has the option to check and amend any errors before Order Confirmation. Please check the order and advert details carefully before confirming it. The Client is responsible to ensure that the details are complete and accurate. The client will receive an email from FFR once the advert is live and it is the client’s responsibility to ensure that this is accurate. Changes cannot be guaranteed once an advert is live on the job boards. Any changes requested once an advert is live will be subject to a £25 administration charge, per change. In the event that adverts are posted incorrectly by FFR, FFR will amend the advert free of charge.
- THE ONLINE RECRUITMENT SERVICE
5.1. Authorised personnel at the Client will email, or verbally instruct, the job description to the FFR, confirming the Job Title, Location, duties, requirements and Salary.
5.2. FFR will provide a draft advert for approval as part of the Order Confirmation process within 4 hours. This draft advert will be compliant with current laws and legislation and remains the property of FFR.
5.3. The Client will inform FFR of the authorised personnel who will be reviewing and shortlisting applicants. FFR will create a user account on the FFATS system and notify the Client personnel of username and password to access their applications.
5.4. Once the advert and order are approved by the Client, this will be electronically posted as a live vacancy to the internet job boards deemed suitable by the Company.
5.5. The Client will be notified by email when the advert is live across the job boards.
5.6. All adverts will run for an agreed period as defined by the advert draft and Order Confirmation document. If at the end of this period, no suitable applicant has been found during that period, any re-advertising (as instructed by the Client) will be treated as the use of a credit or a new order. In the case of PPC / PPA job board models, FFR will allocate the agreed budget and the advert will only be shown live on these sites whilst the budget is available.
5.7. All applications will be received into the FFATS system where the Client will have access to see, review and communicate with them.
5.8. On request, FFR will shortlist, screen and support the recruitment process for the Client. However, it is the responsibility of the client to interview, give feedback and follow any contractual negotiations in relation to the hiring of any successful applicants, as with all references, CRM checks, proofs of identity and eligibility to work (outlined in point 6.2 of these terms).
5.9. FFR cannot guarantee a particular level of success to a vacancy or be held responsible for any failure to successfully employ an applicant gained from their Internet Job Advertising. Response rates vary from job type, salary and location.
5.10. The client grants FFR the right and licenses to use its trademarks for advertising and marketing purposes.
6.2. FFR operates as an advertising reseller only (does not operate as a Recruitment Agency who introduces or supplies candidates) and therefore cannot accept responsibility for the content in an Applicant’s CV, their answers, identity or eligibility to work in the UK. Whilst FFR uses an online application form to gather information pertinent to an application, for use in your assessment of the suitability, this is not intended as a substitute. All checking that is required by law, or otherwise, for the applicant to be employed in the position, will need to be 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 relevant to the country or countries they are operating in.
- 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 FFR 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 the Client in their Advert and accordingly the Client agrees to indemnify FFR from all claims, costs and expense, including legal expenses, resulting from the Clients 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 the Client 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.