Feb 1 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE

Terms of use

This Site is owned and operated by Care2support Ltd and is made available to you on the following terms and conditions. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.

Who we are and how to contact us

We are registered in England and Wales under company number 14575097.  Our main trading address is Ft 2, 14 Finchley Rd, Birmingham, B44 0JE. We are a limited company.

To contact us, please fill out our Contact us form or telephone Our customer service line on +44 7859 068426

Data protection

Our use of CVs and other personal information supplied by users of this Site is governed by our privacy policy.

Please click here to view our Privacy policy.

Personal data which you supply to us may be transferred to third party service providers to be stored or processed on our behalf, including third parties located outside of the European Economic Area in countries where there may be a lower legal level of data protection. However, we will always endeavour to handle your information in accordance with this privacy policy, wherever it is processed.

Use of the site

You agree to deal fairly and professionally and in accordance with requirements set forth in the Employment Rights Act 1996, Equality Act 2010 and any other applicable laws with individuals who may respond to an advertisement you have posted and with Jobseekers you may contact using information from the Candidate Database. You must not do anything which may bring Us or the Site into disrepute. You will indemnify Us from and against any claim brought by an individual against Us arising from your breach of this obligation or any other of these Recruiter Terms.

The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Customer, shall entitle us to terminate the Services immediately on notice in writing. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information. In respect of any personal data accessed or otherwise processed by a Customer as a result of access to the site or the Services, the Customer agrees that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 2018 and, as such, shall be solely responsible for its processing.

All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to Totaljobs Group Ltd or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.

Employment Agencies and Employment Business Regulations 2003

For the purpose of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Regulations”), we operate as a venue only and are not an employment business and do not introduce or supply work-seekers to hirers (or vice versa). This means that we do not:

• obtain sufficient information for potential recruiters to select a suitable jobseeker for the position which the recruiter seeks to fill;
• obtain confirmation of the identity of a jobseeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
• take any steps to ensure the jobseeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the jobseeker to fulfil the position to be filled;
• take any steps to ensure that it would not be detrimental to the interests of the jobseeker or the recruiter for the jobseeker to fulfil the position to be fulfilled;
• give any indication to recruiters whether jobseekers are unsuitable (or suitable) for any position to be filled in any circumstances;
• propose jobseekers to recruiters or provide any information about them.
• take up any references in relation to a jobseeker; or,
• make any arrangements for accommodation of jobseekers.

The Regulations seek to ensure that jobseekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered jobseekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since we are only a venue and do not propose or introduce jobseekers to recruiters or vice versa, it is recommended that, if you are a jobseeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a jobseeker’s suitability for the role.

These could include:

• If you are a jobseeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a jobseeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
• If you are a recruiter; checking the identity of the jobseeker and that the jobseeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a jobseeker to take up a position.

In addition, where professional qualifications are required or where jobseekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the jobseeker and undertake a criminal records bureau check of the jobseeker. For more details of how to undertake a criminal records bureau check, please click here.

Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.

IR35 Tax Legislation

Recruiters will need to be aware of the IR35 legislation when posting job adverts, namely that targets candidates including but not limited to independent contractors, freelancers, interim and/or consultant. The recruiter must comply to the rules derived from the IR35 legislation and apply where necessary.

The application of the legislation in question must be done with reasonable care when defining the IR35 of the Jobseeker’s status and in the absence of reasonable care the recruiter will automatically become liable for any omission. The discretion lies with You to be updated with your obligations under the IR35 legislation.

Equality Act 2010

Subject to the clauses above, you must comply and adhere to all applicable laws when using Our Services, including but shall not be limited to the Equality Act 2010 and the Code of Practice on Employment provided by the Equality and Human Rights Commission. You must not use Our Services with the intention to discriminate or place the Jobseekers at a disadvantage when deciding or approaching them to fulfil a job vacancy. You hereby confirm that the content of the job advert and when using the CV database as per clause 15, you will comply with all your obligations hereunder and within the aforementioned Legislation and Code of Practice on Employment. You shall indemnify Us against any claim brought by an individual arising from your breach of this obligation or any other of these Recruiter Terms.

WHAT’S IN THESE TERMS?

These recruiter terms (the “Recruiter Terms”) set out the information applicable to recruiters (the “Recruiters”) who wish to use the Site

1 BY USING THE SITE YOU ACCEPT THESE TERMS

1.1 By using the Site, you confirm that you accept these Recruiter Terms and that you agree to comply with them.

1.2 If you do not agree to these Recruiter Terms, you must not use the Site.

1.3 We recommend that you print a copy of these Recruiter Terms for future reference.

2 THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

2.1 This Acceptable Use Policy refers to the following additional terms, which also apply to your use of the Site:

(a) Our privacy policy (the “Privacy Policy”), which sets out the terms on which We process any personal data We collect from you, or that you provide to Us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate;

(b) Our cookie policy (the “Cookie Policy”), which sets out information about the cookies on the Site; and

3 WE MAY MAKE CHANGES TO THE TERMS OF THESE TERMS

We amend these Recruiter Terms from time to time. Every time you wish to use the Site, please check these Recruiter Terms to ensure you understand the terms that apply at that time. Please view the “Effective from” date at the top of these terms to see when it was last revised.

4 DEFINITIONS

4.1 In these Recruiter Terms the following words shall have the following meanings:

(a) “Contract” the contract between Us and the Customer for the provision of Services governed by these Recruiter Terms and the documents referred to in them.

(b) “Contract Month” means, in respect of any Order Form relating to the provision of Services for a specified period of months, the calendar month commencing on the Start Date and ending on the day before the same date in the next calendar month. For example, the calendar month commencing on 24 February and ending 23 March;

(c) “Contract Term” means the full term of the Contract commencing on the Start Date and specified in the Order Form;

(d) “Customer” means any person, company, organisation or firm which purchases Services from Us;

(e) “Jobseeker Data” all data contained in the Candidate Database;

(f) “Candidate Database” means the database of Jobseekers which is accessible to Recruiter via the Site who enter into a Contract;

(g) “Order Confirmation” means an email from Us to you accepting your Order Form;

(h) “Order Form” means an order for Services on a form provided by Us (accessed by a Recruiter either online via the Site, by email or in person).

(i) “Services” means all recruitment services made available by Us from time to time; and

(j) “Start Date” means the date of commencement of the Services as specified in the Order Form.

5 METHODS OF CONTRACTING

5.1 The methods of contracting with Us for the Supply of Services are as follows:

(a) Online via the Site. Please follow the onscreen prompts to place an order. You can submit an order using the online Order Form set out on the Site.

Via email. You can request an Order Form from Us by contacting customer services. You can submit an order by returning a completed Order Form to the same email address.

6 BASIS OF CONTRACT

6.1 Contract. The contract between Us and you in respect of the Services (the “Contract”) shall comprise the Order Form and these Recruiter Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Recruiter purports to apply under any purchase order, confirmation of order or other document). In the event of a conflict in terms between the Order Form and these Recruiter Terms, the documents shall rank in the following order of precedence: (i) Order Form, (ii) these Recruiter Terms.

6.2 Correcting input errors. Our order process allows you to check and amend any errors before returning your Order Form to Us. Please check the order carefully before confirming it. You are responsible for ensuring that your Order Form is complete and accurate.

6.3 If We cannot accept your order. If We are unable to supply you with the Services for any reason, We will inform you of this by email and We will not process your order. If you have already paid for the Services, We will refund you the full amount.

7 OUR SERVICES

7.1 Provision of Services. After the Contract is formed, We will provide you with the Services from the Start Date.

7.2 Descriptions and illustrations. Any descriptions or illustrations on the Site are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.

7.3 Compliance with specification. Subject to Our right to amend the specification (see clause 7.4) We will supply the Services to you in accordance with the specification for the Services appearing on the Site at the date of your order in all material respects.

7.4 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.

7.5 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.

7.6 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

7.7 Equality Boost. Customers may, subject to Our discretion, use Our Equality Boost product for the purposes of finding suitable candidates from diverse and underrepresented communities for job vacancies you wish to fill. You may not use the information provided through use of the Equality Boost for any other purpose whatsoever. The Equality Boost uses data science and human experience to create a bespoke campaign and to help Our Customers attract candidates from different backgrounds. The Customer warrants and undertakes that it shall not use the tool in contravention with any applicable laws, codes or regulations (including, without limitation, any employment and anti-discriminatory laws). The Customer hereby indemnifies Us from and against any claims brought by an individual and/or company arising from the Customers breach of this obligation.

8 YOUR OBLIGATIONS

8.1 It is your responsibility to ensure that:

(a) the Order Form is complete and accurate;

(b) you co-operate with Us in all matters relating to the Services;

(c) you provide Us with such information and materials We may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and

(d) you comply with all applicable laws.

8.2 If Our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in the clause 8.1 (“Your Default”):

(a) We will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve Us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle Us to terminate the contract under 20 TERMINATION;

(b) We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from Our failure or delay to perform the Services; and

(c) it will be your responsibility to reimburse Us on written demand for any costs or losses We sustain or incur arising directly or indirectly from Your Default.

9 CHARGES

9.1 In consideration of Us providing the Services you must pay Our charges (the “Charges”) in accordance with this Charges section.

9.2 The Charges are the prices quoted on the order form.

9.3 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay Us such additional amounts, at the applicable rate, at the same time as you pay the Charges.

9.4 Where a Customer posts an advertisement on the Site which includes any reference to a brand of a client or a subsidiary of the Customer (which reference may include, without limitation, such client’s or subsidiary’s logo, http address, email address and telephone number) (the “Client Branded Advertising”), and the posting of such Client Branded Advertising has not been agreed by Us, the offending content will be removed.

9.5 A job posted on the Site will remain live as agreed in the Order Form. Any extension of this time will be charged to the Customer as a new posting. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price per job agreed with the Customer. A single job is identified by its unique ID number. If a Customer deletes a job and then either reposts it or posts another, this will be classed as two jobs.

9.6 If any Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without Our prior written consent. The Customer will be responsible for payment for any unused Services.

10 HOW TO PAY AND CREDIT TERMS

10.1 Payment for the Services is by bank transfer or in case of online purchase by credit card.

10.2 We will send you an electronic invoice after the start date set out in the Order Form. The invoice will be sent to the email address you provide as your accounts payable contact or as otherwise agreed.

10.3 If you fail to make a payment under the Contract by the due date, then, without limiting Our remedies under you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

10.4 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

10.5 Credit is granted subject to Us obtaining suitable credit checks. Other than for Services purchased online where payment has been confirmed and where credit is granted, an e-invoice will be issued. The invoice will be sent to the email address you provide as your accounts payable contact. The invoice will be due for payment in full within 30 days of invoice date. In the event of late payment, We may terminate Services and all outstanding invoices will become payable immediately. In the case of contracts greater than one month duration, the fees in respect of the notice period shall also become payable immediately.

10.6 We cannot take the responsibility to process your invoice(s) using a third-party portal or systems recommended by you. You must make payment irrespective of any third-party portal or systems you wish to use. If you require a purchase order number to be inserted within the invoice provided, you must insert the purchase order number at the point of signing these Terms within the Order Form. The purchase order number must not affect the due date of when the payment must be made.

10.7 In addition, interest and fees will be payable on late payments in accordance with Late Payment of Commercial debts (Interest) Act 1998. If credit is not permitted a prepayment account may be granted, the whole amount of the contract payable in advance of services being provided. You may request a review of this credit arrangement after 3 months from contract start date. We reserve the right to periodically review your credit terms.

11 JOB ADVERTISING

11.1 Job adverts go live after payment confirmation on the Site during the following times based on 24 hour clock UK time:

 

11.2 For first time Customers who pay online via the Site, We need to carry out some security checks before jobs go live. If it is not possible to verify this from the information provided, We will contact Customers to request further information. This may delay the time it takes for jobs to go live.

11.3 You will be notified by email when your job adverts have gone live on the Site.

11.4 We have rules regarding the content and format of jobs posted on the Site. Their purpose is to ensure that users who search the Site get results which are presented as clearly and informatively as possible. You agree that We may, at Our discretion and without liability to you, remove from the Site any advertisement which is posted in breach of these rules:

11.5 The Rules are as follows:

(a) No duplicating of jobs at the expense of other Recruiters jobs.

(b) No gratuitous use of keywords in job descriptions or job titles. “Gratuitous” means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.

(c) Job advertisements placed on the Site must be for genuine employment vacancies only. Customers are prohibited from placing advertisements for other products or services, either relating to or unrelated to recruitment including, but not limited to, traineeships, vacancies seeking ‘business owners’, paid or non-paid surveys, affiliate schemes, franchise roles and opportunities, pyramid selling schemes or any other so called ‘business opportunity’.

(d) With the exception of certain self-employed roles for courier driver vacancies which have been expressly agreed in writing by Us in advance, Customers must not charge or accept at any time any fee or other payment from jobseekers, applicants or those who have been successfully offered a position by the Customer including, but not limited to, investment fees, franchise fees, joining fees, setting up fees, training fees, monthly fees, application fees, administrative fees and one-off set-up fees regardless of whether or not such fees or payments are refundable. Furthermore, Customers must not require or request jobseekers, applicants or those who have been successfully offered a position by the Customer to provide or purchase any material or merchandise as part of accepting or performing any role advertised.

(e) Contact telephone numbers, URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the ‘send an email’ link and url linking is permitted from the ‘apply online’ link.

(f) Any advertising that uses the name or logo of the company being recruited for is subject to Our rates for such advertising as detailed above.

(g) Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by the Site on the basis that the Recruiter confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if We nonetheless believe that an advertisement may be discriminatory We may at Our discretion either amend the advertisement or remove it from the Site without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.

(h) Job advertisement placed on the Site must be accessible and available for the jobseekers to review and apply. If we become aware that the job advert is no longer in existence or is not available for the jobseekers to access, We reserve the right to remove the job advert from our job board without any prior notification to you. This will include if the job advert is within the agreed term specified in your Order Form and it is no longer in existence, We will remove the job advert immediately.

12 RESPONSES TO ADVERTISEMENTS

12.1 We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that Jobseekers are suitable for the job advertised and have the required qualifications and personal characteristics.

12.2 As part of Our commitment to getting customers the best possible response, We reserve the right to amend some of the job details and the layout of the advert that you supply in order to optimise your advertisement. This may also include changes to the structure and visual display of content and media.

12.3 You acknowledge that We own and retain all rights, title and interest in any content or format created by Us for the purpose of creating a job posting for our customers. This includes but shall not be limited to text, graphics, photos, trademarks, logos and other materials (collectively the “Content”) provided or created by Us. Except as granted in this Agreement, any use of the Content, including modification, transmission, presentation, distribution, republication or other exploitation of the Website or of any Content, whether in whole or part, is prohibited without the express prior written consent.

12.4. Your use of the Website and/or any Content does not grant or transfer to you any ownership or other rights in the Website and/or any Content, and except as expressly provided, nothing in this Agreement or within the Website and/or any Content shall be construed as conferring on you or any other person or entity any license under this Agreement or any third-party intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved.

12.5 We reserve the right to conduct tests across any of our sites, services, products and features in order to improve their effectiveness. You agree to such tests without notice to you.

13 THIRD PARTY SITES

Vacancies you post on the Site may also appear on third party recruitment web sites pursuant to agreements from time to time between Us and the proprietors of such web sites.

14 INTERNATIONAL SERVICES

14.1 Offers and prices for international services are subject to change until the specific advertisement is placed and depend on our continued cooperation with our cooperation partners in the respective countries, in the StepStone Group.

14.2 For services that are published or used on websites that are not operated by us, additional requirements and restrictions may apply. These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by us are provided upon request.

15 USE OF CANDIDATE DATABASE

15.1 You may use the Candidate Database for the purpose of finding suitable Candidates for specific job vacancies that you, or (if you are an employment agency or employment business) your clients, wish to fill. You may contact Candidates only for the purpose of filling a specific job vacancy and may not use the information in connection with other activities.

15.2 The nature and extent of the material you are entitled to receive from us is determined by the service you have purchased. The contract you have entered into with us may be based on access by license, the subscription model, or the credit model. Please refer to your individual Order Form to find out which service is relevant to you.

15.2.1 If your contact is based on a license, the following applies:

(a) The license is granted per user for the use of the Candidate Database;

(b) The duration of the license is defined in the Order Form

(c) During the Term the usage is limited by the Fair Usage Policy:

• We deem fair usage to be 250 CV Views per day. A day is considered a calendar day between the hours of 00:00:00 GMT and 23:59:59 GMT
• We reserve the right to amend any fair usage limits that have been imposed without prior notification

15.2.2 If your contract is based on the subscription model, the following applies:

(a) The subscription model is triggered by a Candidate View.

(b) A Candidate View is defined as any event by which you obtain contact details or knowledge of the content of a CV, which can occur by:

• revealing contact information from within the CV database or via browser a plugin;
• viewing a profile or CV online;
• downloading or emailing a CV from the Candidate Database;
• clicking on a link in a Candidate by Email message;
• or otherwise gaining knowledge thereof.

(c) Term and scope of use are defined in the Order Form.

(d) During the Contract Month multiple views of the same Candidate will count as one View and will not consume additional credits.

(e) Credits are valid for each Contract Month. Unused credits expire at the end of the Contract Month.

(f) Unused credits expire at the end of the Contract Term or after termination of the Contract.

(g) During the Term the number of daily Views is limited by the Fair Usage policy:

• We deem fair usage to be 500 CV Views per user per day. A day is considered a calendar day between the hours of 00:00:00 GMT and 23:59:59 GMT;
• We reserve the right to amend any fair usage limits that have been imposed without prior notification.

15.2.3 If your contract is based on a credit model, the following applies:

(a) The credit model is triggered by a Candidate View.

(b) A Candidate View is defined as any event by which you obtain contact details or knowledge of the content of a CV, which can occur by:

• revealing contact information from within the CV database, candidate recommender or via browser a plugin;
• viewing a profile or CV online;
• downloading or emailing a CV from the Candidate Database or candidate recommender;
• clicking on a link in a Candidate by Email message;
• or otherwise gaining knowledge thereof.

(c) Term and scope of use are defined in the Order Form.

(d) During the Contract Month multiple views of the same Candidate will count as one View and will not consume additional credits.

(e) Unused credits expire at the end of the Contract Term or after termination of the Contract.

(f) Credits are valid until the end date specified on the Order Form and any other unused credits will expire at the end of the contract;

(g) During the Term the number of daily Views is limited by the Fair Usage policy:

• We deem fair usage to be 300 CV Views per user per day. A day is considered a calendar day between the hours of 00:00:00 GMT and 23:59:59 GMT.
• We reserve the right to amend any fair usage limits that have been imposed without prior notification.
• The fair usage policy as set out in clause (g) above does not apply subject to Us reserving the right to invoke fair usage limits on you without prior notification where we believe, in our sole discretion that you have misused the data and/or the Database and/or breached any of the terms of the Contract.
• Any unused credit will expire at the end of the Contract Term or after termination of the Contract.

15.3 We take any misuse of data, breach of a user’s Contract or breach of any legal policy or regulations seriously. We reserve the right to limit and restrict your daily usage to a number We deem is reasonable and/or suspend or cancel, without refund, access to the candidate CV database and any associated services if We, in our sole discretion, suspect the misuse of data by a user and/or the user has breached any of the terms of their Contract with Us. In addition, any such activity may result in legal action being taken by Us against the offending party.

15.4 You may not:

(a) Supply, sell or license material from the Candidate Database, or a copy of it, to any other person, including another member of your group of companies.

(b) Download, search or view the Candidate Database through any automated (e.g. ‘scraping’) process.

(c) Contact the individuals on the Candidate Database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable Jobseekers for specific job vacancies. You must, at all times, comply with your obligations under the Privacy Policy

(d) Access Our Candidate Database from a system that is not fully patched or does not have industry standard AntiVirus software installed that is regularly updated.

16 APPLICATION DATA

16.1 When a Jobseeker submits a response to an advertisement, details of their application will be loaded to your account. Your account allows you to record notes against the application and track its progress (together with the details of their application, “Application Data”).

16.2 You acknowledge that We may delete such Application Data without notice to you in line with our general policies on retention and deletion of data relating to Jobseekers, including where the Jobseeker to whom the Application Data relates decides to delete his profile.

16.3 As a controller of Application Data, We will comply with Our responsibilities under the General Data Protection Regulation in respect of such notes, which may include disclosure of Application Data to the Jobseeker if the Jobseeker submits a request to access his data;

16.4 For the purposes of the General Data Protection Regulation you are a joint controller of Application Data held on your account. You agree you will be responsible for ensuring that any Application Data which you enter is accurate, deleting Application Data when you no longer require it, and responding in a timely fashion to any request from a Jobseeker seeking to exercise his rights under the General Data Protection Regulation, including requests which we receive and pass to you because we are not able to assess them, for example where a Jobseeker asks for inaccurate data to be corrected.

16.5 If you use an Applicant Tracking System (“ATS”) which is integrated with the TotalJobs website, jobseekers will be able to submit applications directly to your ATS. When you receive a jobseeker’s application into your ATS (the “Jobseeker ATS Data”), you will be the data controller of the Jobseeker ATS Data. You agree that you will be responsible for deleting the Jobseeker ATS Data when you no longer require it, and responding in a timely fashion to any request from a Jobseeker seeking to exercise his rights under the General Data Protection Regulation, including requests which we receive and pass to you. You also agree that you will use the Jobseeker ATS Data (i) consistently with the General Data Protection Regulation and your privacy notice if your ATS provider has provided us with your privacy notice or (ii) only to process their application for the specific job which they have applied for, if your ATS provider has not provided us with your privacy notice.

16.6 If you do not use an ATS, you will be able to manage the applications made by candidates using our internal system, Application Manager. This will provide you the opportunity to organise and centralise application(s) and other material(s) (“Candidate Materials”) provided for the purpose of the said job advert. Should you wish to store and/or save any of the Candidate Materials, you will need to save and download these onto your own databases in accordance with these Recruiter Terms and applicable Data Protection Laws.

16.7 Subject to clause 16.6, in the event a Candidate exercises their right to erasure under Article 17 of the General Data Protection Regulation, we as a data controller will need to comply with the Candidate’s request which would mean if the Candidate had completed an application or provided further supporting material(s) for any of your job advert(s) it will be removed from Application Manager. For the avoidance of doubt, you will no longer be permitted to download or transfer any Candidate Materials from Application Manager to your own databases even if the job advert is still live once we have actioned the Candidate’s right to erasure.

17 DELETION OF JOBSEEKER DATA

17.1 In average the search for a suitable Jobseeker is concluded within three months.

17.2 Therefore you agree to collect consent for keeping the Jobseeker Data directly from the Jobseeker or otherwise delete this Data after a period of three months. This does not apply in case you have other legal ground to keep the Jobseeker Data.

18 VIDEO INTERVIEW SERVICE

18.1 The video job interview service (“Video Interview Service”) allows customers to a) create customized automated job interviews and/or b) conduct live job interviews (the “Video Interview“). An automated job interview is a structured way of interviewing where the customers’ candidate (“Candidate”) answers a pre-recorded set of questions with a video recording at their convenience. The live job interview is a real-time interactive online conversation between a Candidate and one, or multiple, interviewer(s).

18.2 The web-based software system on which the Video Interviews are generated (the “System”), stored in a database specific to the customer and are made available to the customer. This System can be accessed by the customer through an internet connection, using a username and password.

18.3 The System may also be used for live video interviews using a webcam (see clause 19.1. of the terms and conditions).

18.4 The customer is not permitted to give third parties access to the System e.g. by letting them perform Video Interviews with its Candidates, unless expressly agreed otherwise in the agreement.

18.5 To make use of the Video Interview Service, the purchase of credits is necessary. One credit represents one Video Interview. Every time a Video Interview has been conducted, the relevant amount of credits are depleted from customers’ account within the System. A Video Interview has been conducted if a) the Candidate provided its recorded video or b) the customer has carried out the live job interview with the Candidate. All credits which have been purchased are valid for twelve (12) months from date of purchase. The payment is made in advance after the issue of the invoice.

18.6 Totaljobs has the right to delete the recorded Interview Services from the System after one-hundred-and-eighty (180) days, unless agreed otherwise with the customer.

19 EQUALITY BOOST BADGE

19.1 Equality Boost Badge. For the purpose of this clause, “Equality Criteria” means We will cross reference the requested materials sent by the Customer, including but not limited to a copy of its updated Gender Pay Gap Report, to its principle and standards. The Customer is responsible to disclose their updated materials.

19.2 We shall apply the Equality Boost Badge to each Customer’s job advert that qualifies.

19.3 Equality Boost Badge shall be made available for the duration as specified in the Order Form and shall be valid until the end date specified.

19.4 The Equality Criteria shall be listed by Us but shall, in effect, mean that, if met, We can be reasonably satisfied that the recruiter promotes equality in the workplace

19.5 The Customer shall provide all information reasonably required by Us from time to time in order for Totaljobs to determine if the Equality Criteria has been, and is being, met. The Customer shall warrant to the accuracy of the information provided.

19.6 We reserve all intellectual property rights in the Equality Boost Badge.

19.7 The Customer shall not publish, display or in any manner distribute any advertising or promotional materials of any kind relating to and/or including the Equality Boost Badge (i.e. the Equality Boost Badge is to be applied by Us only).

19.8 We reserve the right to immediately terminate the Customer’s right to use the Equality Boost Badge if, in Our opinion, the Customer’s continued use could be prejudicial to the reputation of Totaljobs, the Equality Boost Badge and/or other recruiters who have been granted the right to display the Equality Boost Badge (including where, in Our opinion, it is determined that the recruiter does not meet the Equality Criteria at any stage).

19.9 The Customer shall indemnify and hold harmless Totaljobs from any third-party claims arising out of the Customer’s failure to meet the Equality Criteria at any stage and from any claims under the Equality legislation.

20 APPLICATION STATUS

20.1 Provided that you do not deactivate the transmission of status information, you will provide to us the information about a submitted application(s) by a candidate. You will only provide Us with the status information of such candidates who have applied to your job posting on our websites and who are registered with Us. This will include but shall not be limited to the receipt of the application or the opening of the application

20.2 The legal basis under Data Protection Laws for the transfer and processing of the information is contract as we will need to provide this information to the candidates to inform them about the application cycle. For this transfer of information, both parties will act as joint controllers. To the extent that you are not interested in providing the information on the status of the candidates’ submitted application, we will not display the information to the candidates. We may make anonymous use of the data for statistical evaluation.

21 CUSTOMER SUPPLIED CONTENT

21.1 This section applies to all advertising campaigns (the “Campaigns”) and other material accepted by Us for display on any of Our websites. By placing any such material you accept these terms and conditions as principal, even if you are acting as agent or buyer for the third party advertiser.

21.2 We must receive the complete creative content for a Campaign in acceptable format at least two working days before 9am on the go-live date specified in your order. Otherwise, We may not be able to achieve the specified go-live date but you must pay the full amount set out in the order irrespective of whether any delivery target for impressions have been met.

21.3 To cancel or alter an order for a Campaign you must inform Us or email at the number or address on the order, at least two working days before 9 am on the go-live date specified in your order. Otherwise you must pay the full amount set out in the order, irrespective of whether any delivery targets for impressions have been met.

21.4 You are responsible for the content of material supplied by you and for ensuring that you have the right to supply it to Us and that it complies with all relevant legislation and codes of practice. If We receive complaints about any material or its content We may, at Our discretion, remove the material from display without reference or liability to you. You hereby indemnify Us against any claim that the material infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.

21.5 If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place on the Site comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and all other applicable laws.

21.6 You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which a Campaign relates and you indemnify and hold Us harmless accordingly.

21.7 Where a Campaign is sold on a cpm basis, We will provide you with a password to enable you to monitor the number of impressions served in lieu of any other right of audit. You will not use the password, or the system to which it gives you access, for any other purpose.

21.8 Your sole remedy if We, or Our third party subcontractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign is the cost of re-running the relevant Campaign. Neither We nor Our subcontractors shall be liable in any circumstances for any loss of profit or business.

22 TERMINATION

22.1 Without limiting any of Our other rights, We may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:

(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;

(b) you fail to pay any amount due under the Contract on the due date for payment;

(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(e) your financial position deteriorates to such an extent that in Our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

(f) Termination of the Contract will not affect your or Our rights and remedies that have accrued as at termination.

(g) Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

23 ASSIGNMENT

We may assign or subcontract any or all of our rights and obligations under this Agreement to a member of our Group of Companies. If we exercise our right to subcontract any or all of our obligations under this Agreement to a member of our Group, we will immediately resume the performance of such obligations on such company ceasing to exist.

24 EVENTS OUTSIDE OUR CONTROL

24.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by any act or event beyond Our reasonable control (an “Event Outside Our Control”).

24.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

24.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If you opt to cancel We will refund the price you have paid, less the Charges reasonably and actually incurred by Us in performing the Services up to the date of the occurrence of the Event Outside Our Control.

25 LICENSE TO USE CUSTOMER’S NAME TRADEMARKS AND LOGOS

The Customer grants to Us a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to use the Customer’s name, trademarks and logos (the “Customer IP”) for the purposes of providing the Services and in Our marketing materials (including, but no limited to, websites and brochures) and that We may present examples of the services provided to and the materials published on behalf of Customer.

26 LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

26.1 Nothing in the Contract limits or excludes Our liability for:

(a) death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

26.2 Subject to clause 26.1, We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) loss of profits;

(b) loss of sales or business;

(c) loss of agreements or contracts;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill; and

(g) any indirect or consequential loss.

26.3 Subject to clause 26.1, Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited of the total Charges paid under the Contract.

26.4 Except as expressly stated in these Terms, We do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.

26.5 Nothing in these Recruiter Terms limits or affects the exclusions and limitations set out in Our Terms & Conditions.

26.6 This clause 26 will survive termination of the Contract.

27 WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

These Recruiter Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.