Recruta Terms & Conditions of Business
Definitions
•
‘Recruta’ means Recruta Ltd and NetSolva Ltd, including directors,
officers, employees, representatives, agents and affiliates, recruta.co.uk,
recruta.info, NetSolva.co.uk;
•
‘we’, ‘us’ or ‘our’ refer to Recruta;
• 'services' means all products, goods and services made available by us
from time to time;
• 'Client' means any company, organisation, firm or person purchasing Services
from us;
•
‘you’ and ‘your’ refer to the Client;
•
‘Contract’ or ‘Agreement’ shall mean the Contract,
between Recruta and the Client adhering to the Terms and Conditions that
follow to include the Order Form signed by the Client;
•
‘Order Form’ means the Recruta order form completed by the Client,
and this shall represent the Contract;
•
'Contract Month' means a calendar month. The first one commences on the start
date specified in the Order Form and ends on the day before the same date in
the next calendar month. Subsequent ‘Contract Months’ commence
on the day following the last day of the previous ‘Contract Month’,
and follow the same pattern as the first. For example: 5th January 2007 to
4th February 2007, 5th February 2007 to 4th March 2007, etc;
•
‘Contract Year’ means a calendar year commencing on the start date
specified in the Order Form and ending on the day before the same date in the
next calendar year, with subsequent ‘Contract Years’ following
the same pattern;
• 'Contract Period' means the full period specified in the Order Form;
•
‘Commencement of Services’ takes effect on the order date specified
in the Order Form;
•
‘Account’ means your account with Recruta;
•
‘The Client website’ means the website developed, and hosted, for
the Client, which is supplied on a lease only basis and remains the property
of Recruta;
•
‘the website’ and ‘this website’ mean the Recruta website
and database.
General
These Terms & Conditions relate to the supply of services by Recruta. Any
request or order for Recruta's services, or payment made for such services,
constitutes acceptance of these Terms & Conditions.
These Terms and Conditions are applicable to each site / service provided
by Recruta.
The provisions of these Terms & Conditions are not meant to be exhaustive.
Generally, conduct that violates law, regulation or the accepted norms of
the Internet community, whether or not expressly mentioned in this document,
is
prohibited. Recruta reserves the right at all times to prohibit activities
that damage its commercial reputation and goodwill.
Our services are continually evolving and as such we reserve the right to
change our Terms & Conditions whenever necessary. It is your responsibility to
ensure that you remain up to date with all of our Terms & Conditions
.
Services
The services offered by Recruta are:-
• the delivery and hosting of pre-designed template based recruitment websites, complete with password controlled Back Office functionality, and including up to 5 standard email addresses and virtually unlimited forwarding email addresses for that website, when set up at the contract commencement;
• personalisation of the website, by incorporation of the Client’s logo, colour choice and menu appearance into the standard template, together with their initial choice of header banner;
• the use of our secure MS SQL database through the Recruta interface - for
the Client’s recording and accessing of vacancy advertisements and
applications, and creating and updating of all information stored on the
site.
Recruitment website
The Recruitment websites comprise:
• Pre-formatted Home, Contact Us and Meet the Team pages, into all of which
the Client can enter their own details;
• An optional random banner facility, which allows the Client to control the main image shown on their website’s pages, as well as randomly displaying different images on these page;
• Back Office functionality, including:-
• • Content and Site Management, providing you with full control of the descriptions and images (including the header banner) you display on your published web pages. This provides you with the power to add to, amend or remove website content whenever you want to, and to have virtually unlimited web-pages;
• • the Consultant Management System, which:
• • • gives you the ability to grant and, if need be, remove Consultant accounts;
• • • gives your authorised Consultants the ability to publish vacancy adverts;
• • • enables you to, at any time, review a Consultant’s vacancy and application activity.
• • a Job Board, which:
• • • provides you with control of job search criteria and advertised vacancies;
• • • gives you the ability to advertise unlimited vacancies quickly, and to the widest possible audience - worldwide;
• • • allows anyone accessing your site to quickly apply for, or forward on, vacancies, with all applications being both sent by email and stored securely in the site’s Back Office.
• • a Jobs By Email feature, aimed at reducing the time taken to fill your vacancies,
by:-
• • • encouraging your website visitors to sign up for email notification of job
vacancies that match their skills and location;
• • • automatically notifying those registered users, with the relevant skills, of vacancies as you publish them.
• • a Quick Online Registration feature, which:-
• • • allows applicants to quickly register with your company;
• • • allows all candidates to specify their preferred job type and ideal location, and to upload a CV and covering letter;
• • • Securely stores all registrations in the back office.
• • a searchable database of registered users, which:
• • • provides you with the option to include key words, in order to speed up searches
for specific candidates.
The database
Client vacancy advertisements and related applications are stored on our secure MS SQL database;
Client access to, and administration of, the database is password controlled and protected through the Recruta interface only;
The Client has the facilities to add, amend and delete their vacancy advertisements;
Job seekers have the facilities to search and apply for appropriate vacancies, as well as to send these to peers;
All vacancies and applications older than six months are removed from the Recruta database automatically.
Domain Name
If the Client already owns a domain name for their website, then that domain
name is and remains the property of the Client. In this case, the existing
domain name will need to be configured to point to the Client’s Recruta
website.
If the Client does not yet own a domain name for their website, and does not want to register one themselves, Recruta will endeavour to procure a suitable domain name. In this situation, we will need clear instructions from the Client and an inclusive list of preferred domain names.
Registration by Recruta
In the event that Recruta registers the domain name for you, the domain name
remains the property of Recruta.
If the Client wishes to transfer the domain to another supplier, the Client
must give 3 Contract Months notice to Recruta. An administrative charge will
apply for transferring a domain name.
Price / Costs
Standard account
There are no up-front costs associated with the design and implementation of the pre-designed template based Client website. The usage fee per Contract Month is as stated on the Client’s Order Form.
Additional
Additional email accounts and services are available and are subject to an additional agreement and associated additional cost.
VAT
Recruta is currently not VAT registered, so the identified costs are exclusive of VAT. At such future time as Recruta becomes VAT registered, then VAT will be added to these costs and Recruta shall give the Client not less than two weeks notice of such changes.
Payments
All Accounts are set up on a pre-pay basis.
Recurring payments
The first monthly payment is due on Commencement of Services, and payable
in advance. All subsequent payments are due at the commencement of every
Contract Month thereafter, during the life of the Contract. Clients will
automatically be charged again at the start of a new Contract Year unless
three Contract Months’ advance notice of termination has already been
received.
Payments are non-refundable. Although Recruta reserves the right to change
prices of services at any time, all pricing is guaranteed for the Contract
Year (subject to clause VAT).
Payment conditions
Recruta can without prior notice fully or partially interrupt, suspend or
terminate the Services without loss or reduction of rights or terminate this
contract if the Client:
• does not pay any charge, fee or invoice within 28 days of payment
due date;
•
breaks any part of this contract;
•
becomes bankrupt or subject to insolvency proceedings whether voluntarily
or compulsory or has an administrator seize all or parts of its assets. The
Client will in any eventuality remain liable for all charges, fees and costs
during the period of suspension, any period where the Client does not fully
comply with the Terms and Conditions of the Contract, or following termination
of the Contract.
Invoices are sent on a monthly basis by email. No invoices will be sent by
regular mail.
In accordance with the Late Payment of Commercial Debts Act 1998, any late
payments will incur interest charged at 4% over the HSBC base Rate and will
be subject to £20 administration charge.
All charges incurred by Recruta due to late or non-payment, for whatever reason, will be passed onto the Client.
In the event that no payment is made by the Client for a specific period
of the contract, the Client will be liable for a penalty charge of £540,
to cover any set up costs and website personalisation work, and will be invoiced
accordingly.
The Client is responsible for all money owed on the Account from the time
it was established to the termination of the Contract.
All payments are in UK sterling, and all costs/prices are displayed exclusive
of VAT unless stated otherwise.
Contract
The initial Contract Period is one calendar year – the Contract Year.
The Contract cannot be terminated before the end of the first Contract Year.
Termination at the end of the Contract Year is subject to three Contract
Months’ advance notice.
The contract will continue to run until such time as three Contract Months’ notice
has been provided & completed.
Other than in the first Contract Year, the Client may terminate the Contract
at any time, subject to three Contract Months’ advance notice.
The advance notice to terminate the Contract may be by email, fax or letter.
Termination, Cancellation and Refunds
Recruta reserves the right to cancel the Contract at any time. Refunds will
only apply if the Client has not contravened Recruta’s Terms and Conditions,
and will be equivalent to the cost of the remaining days in the current pre-paid
period.
Recruta reserves the right to suspend or cancel a Client's use of any or
all services provided by Recruta in the event that Recruta decides that these
services have been inappropriately used or otherwise abused.
Recruta reserves the right to cancel the Contract if no payment has been
made by the Client. The Client will then be accountable for a penalty charge
of £540, to cover any set up costs and website personalisation work,
and will be invoiced accordingly.
No refunds are payable on termination by a Client.
Ownership and Copyright
The Recruta functionality, templates, design and hosting remain the property
of Recruta. The content provided or updated by the Client remains in the
format provided by the Client, the property of the Client.
Accordingly any design, graphics, programming including, but not limited to, ASP, SQL, and Java Scripts, utilised within the website & produced by Recruta remain exclusively the intellectual property of Recruta. Likewise the copyright of any programming scripts will remain the property of Recruta and shall not be modified or reused without the express permission of Recruta.
In the event that the Client should choose to use this design and functionality
through a different hosting supplier, the Client will pay to Recruta £3500,
in recognition of the effort expended by Recruta in completing the original
work.
The Client must confirm approval of the website within 7 days of its availability
to them. Failure to do so within the 7 days will constitute approval and
acceptance.
Rights in the database
Ownership and copyright of the database, upon which the vacancy advertisements
and applications are stored, belong to and remain with Recruta. You acknowledge
that you do not have, and cannot acquire any rights in the database, or any
of its content other than that directly attributable to you, and that your
use of the database is governed by these Terms and Conditions.
All of a Client’s vacancy advertisements and applications, stored on
Recruta's database, are the property of that Client. On termination of the
Contract, the Client is responsible for ensuring that this data is removed
from the database. In the event that any such data remains on the database
following termination of the Contract, it will be automatically deleted by
Recruta.
Your Website
Content and usage responsibility
The Client is responsible for:-
• taking security copies of all emails both before the commencement of services
and during the contract period;
• the provision, to Recruta, at the commencement of services, of full details
of:-
• • their domain name, and its address details; or, in the event that the Client
wishes Recruta to register a domain name on its behalf (perhaps because it
does not own one) a choice of domain names the Client would be happy with;
• • all standard email addresses required for the website;
• • all forwarded email addresses required for the website;
• • the Company logo artwork they wish to see on the website;
• • their colour scheme for the website.
• The population of the website, with:-
• • all text required, including, but not limited to, that required on the Home
Page, the Contact Us Page, and the Meet the Team page;
• • all images required, including the banners and other images on the webpages.
• All content, content management and usage.
Availability
Recruta aims to offer you the best service possible, but makes no promise
that your website will be fault free and available at all times. We cannot
accept any responsibility or financial liability for any consequences arising
from the unavailability of your website, whatever the cause of such unavailability.
If a fault occurs in the service you should report it to Client Services
(fault@recruta.co.uk) and Recruta will attempt to correct the fault as soon
as reasonably possible.
We retain the right to make changes to the website - including, but not limited
to, its specification and design – at any time. Occasionally, your
access to your website may be restricted to allow for maintenance, repairs,
or the introduction of new facilities or services. Recruta will attempt to
ensure that such restrictions are kept to a minimum and that, in their event,
the service will be resumed as soon as is reasonably possible.
Limitation of Liability
Recruta accepts no liability for:-
• any data corruption, compatibility problems, or software or hardware failures
that affect the workings of the website, but will make every attempt to rectify
matters and/or recover any lost data, but cannot guarantee success;
• any use, suspension or loss of domain names registered for the Client;
• the security of the contents of e-mails sent or received by the Client;
• any indirect or consequential loss or damage, without limitation, loss of
business, loss of opportunity, loss of profits of the Client;
• non-delivery, mis-delivery, corruption, destruction, or modification of data;
• late delivery of the Client’s website;
• events beyond the reasonable control of Recruta.
You agree to defend, indemnify and hold harmless Recruta from and against
any claim, action, suit, demand, loss, damages, costs (including reasonable
legal fees, expert witness fees and expenses), or other proceedings related
to or arising out of the registration or use of the domain name. This indemnification
is in addition to any indemnification required under the UDRP.
Recruta shall not, under any circumstances, be liable or responsible for
any errors, omissions or other actions arising out of or related to your
application for, receipt of, or failure to receive a domain name registration.
Recruta shall not be liable to the Client for any direct, indirect or consequential
loss, damage cost or expense including without limitation any loss of profit,
business or anticipated savings suffered by the Client due to a failure to
obtain, or loss of, a domain name.
Any disputes between the Client and a third party, regarding any legal rights to a registered domain name or its use, are to be settled using normal legal methods. The Client agrees that Recruta will not be drawn into any such argument or dispute in any circumstances unless otherwise agreed by the parties in writing signed by an officer of Recruta.
In the case of any accepted liability, this is limited to an amount no greater
than one Contract Month’s charge for the Recruta service.
Data Protection
Our services include the holding of, and access to, personal information.
This is governed by the Data Protection Acts of 1984 and 1998, and handled
in strict accordance with these Acts.
Disclaimer
Recruta cannot be held liable for any information contained within the Client's
website. The content provided by the Client and displayed on the website
remains the copyright and intellectual property of the Client. The Client
is liable for any legal costs incurred by Recruta caused by the content of
the website and agrees to indemnify Recruta for any awards made by a court
of law.
Recruta will not be responsible for any damages that a Client may suffer,
and makes no warranties of any kind, expressed or implied for services we
provide.
Recruta reserves the right to refuse any order in full or in part without
explanation.
Recruta reserves the right to incorporate on the Clients’ websites
links to its own websites.
Recruta disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data, and any and all service interruptions however caused.
Indemnity
It is the Client’s responsibility to ensure that the content of their
website, vacancy advertisements and emails conforms to all relevant legislation
and jurisdiction. Recruta will not actively monitor, censor, or directly
control any content that is displayed on or collected by the Client's website,
and is transmitted or stored in email messages
Assignment
You shall not assign, transfer or sub-license your rights or obligations
under these Contract Terms and Conditions to any third party without the
prior written consent of Recruta. However, in the event that Recruta consents
to such an assignment, transfer or sub-license, then these Contract Terms
and Conditions shall ensure to the benefit of and be binding upon the parties
and their respective successors and permitted assigns.
Survival.
Neither party shall be liable to the other for damages of any sort resulting
solely from terminating this Contract in accordance with its Terms and Conditions.
Notice
Any notice or communications required or permitted to be delivered, under
this Contract, by Recruta to you, shall be deemed to have been given if delivered
by e-mail or postal mail in accordance with the Contact information you have
provided.
Force Majeure
Recruta shall not be responsible for any failure to provide any service or
perform any obligation because of any act of God, governmental acts or directives,
war, riot or civil commotion, strike, work stoppage, or equipment or facilities
shortages which are being experienced by providers of telecommunication services
generally, or other similar force beyond its reasonable control.
Interpretatation
The headings to the clauses of these Terms and Conditions are for ease of
reference only and shall not affect the interpretation or construction of
these Terms and Conditions.
In the event that any provision of these Terms and Conditions shall be unenforceable
or invalid under any applicable law, or be so held by applicable court decision,
such unenforceability or invalidity shall not render these Terms and Conditions
unenforceable or invalid as a whole. Recruta will amend or replace such provision
with one that is valid and enforceable and which achieves, to the extent
possible, the original objectives and intent of Recruta as reflected in the
original provision.
Joint and Several Obligations
If any party consists of more than one entity, their obligations hereunder are joint and several.
Relationship of the Parties
Nothing in these Terms and Conditions shall be construed as creating a partnership, joint venture, or an agency relationship between the parties.
Amendment in Writing
These Terms and Conditions may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Recruta.
Governing Law
These Terms and Conditions shall be interpreted in accordance with English law and all disputes shall be decided by the English courts.