Terms and Conditions of Business for the provision of online recruitment services.
The following are the Terms and Conditions of Business of ES3 Limited (“ES3”) upon which it trades for the provision of online recruitment services. The employer (“The Client”) is deemed to agree and to accept these Terms and Conditions of Business by instructing ES3 to act on their behalf by duly signing and returning Service Agreement E2007/1.
Contained in these Terms and Conditions:
“Client” means any firm, Company or Person who engages ES3 with a view to utilising online recruitment services.
“Applicant” means a person who is introduced by ES3 to the Client.
“Introduction” means the presentation of an applicant by ES3 to the Client for engagement, whether or not the Client knew of the applicant previously.
“Package” means chosen suitable role promotion program.
Agreement.
1.1 The Client agrees to provide ES3 in such a format as ES3 may request, any information to enable ES3 to provide services.
1.2 ES3 shall not be obliged to provide services until The Client has supplied ES3 with the relevant information to provide those services. Such information shall be supplied within 5 days of the date of the signed Service Agreement. If the Client fails to supply ES3 with the information then clause 1.5 shall apply, with no refund applicable.
1.3 Advertisements will become live on sites only when The Client has approved the job description as formatted by ES3.
1.4 Once live on site ES3 shall make such modifications to any advertisement as are reasonably requested by the Client provided that ES3 reserves the right to charge at the rate of 50 pounds sterling per hour or part hour, for the time involved in connection with such modifications.
1.5 Once a Service Agreement is signed by The Client, the contract remains in force for the full duration of the term and may not be cancelled by The Client.
1.6 The Client may instruct ES3 to remove an advertisement’s online status before its expiry date, but shall not be entitled to a refund for the time not used. The Client may extend the term of an advertisement provided a further relevant package is purchased from ES3 at the prevailing rate.
1.7 ES3 reserves the absolute right, without giving any reasons, to decline, cancel or remove any advertisement or provision of service at any time without prior notice.
1.8 An advertisement which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act or the Age Discrimination Act. A statement must be made at the time the advertisement is placed saying which of the exemptions in the Act(s) is considered to apply.
1.9 ES3 will use its reasonable endeavours to provide services on the agreed date. ES3 does not accept any liability for any consequences howsoever arising due to error or delay in provision of service and has the right at its sole discretion to decline to publish, omit or suspend any advertisement accepted.
1.10 Links to a Client’s website will not be permitted to appear in any advertisement without the prior consent of ES3.
1.11 ES3 shall be entitled at anytime without notifying the Client to make changes to the services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the services are provided.
1.12 ES3 will only make available or supply copies of the CVs that have been received by it for distribution to Clients of ES3 solely for the purpose of securing suitable employment for the Candidates.
1.13 ES3 cannot guarantee the minimum number of CVs in response to any of its Clients role promotion packages.
If the services provided by ES3 include the completion of filtering forms by or on behalf of The Client then the provisions of this clause 2 shall apply thereto:
2.1 The Client shall ensure that the filtering forms completed by it or on its behalf:
2.1.1 are not discriminatory, offensive, illegal, obscene or indecent;
2.1.2 are not defamatory, threatening or racially, ethnically or otherwise objectionable;
2.1.3 are not designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
2.1.4 do not infringe the rights (including without limitation, the intellectual property rights) of another person.
3. Obligations of ES3
3.1 ES3 will use its reasonable endeavours to enable applicants the facility of viewing the Clients’ advertisements online and to provide the services to the Client. However, the Client accepts that ES3 cannot guarantee the number of occasions on which an individual advertisement is viewed online and that no obligations are imposed on ES3 in respect of this.
4. Obligations of the Client
4.1 To comply with the provisions of the Data Protection Act 1998 or relevant legislation with regard to any Applicant information received by it and in particular to keep such information confidential.
4.2 The reproduction and/or publication of the advertisement by ES3 as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render ES3 liable to any proceedings whatsoever and the Client indemnifies ES3 against all costs, claims, damages, loss expenses and liabilities suffered or incurred by ES3 as a result of this undertaking and warranty being incorrect.
4.3 Any information supplied by the Client in connection with the provision of the services is accurate, complete and true.
4.4 No advertisement contains any data or other material which is discriminatory, offensive, illegal, obscene or indecent;
4.4.1 is defamatory, threatening or racially, ethnically or otherwise objectionable;
4.4.2 is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
4.4.3 infringes the rights (including without limitation, the intellectual property rights) of another person;
4.4.4 is designed or likely to cause disruption to any computer system or to any network;
4.4.5 is illegal or designed or likely to induce an illegal act.
4.5 The Client acknowledges that it is not vested with any proprietary rights in respect of the service or any CV or other information submitted by any Applicant.
4.6 The Client shall indemnify ES3 against all claims made by third parties in respect of the misuse of the data supplied to the Client.
4.7 The Client shall obtain from the Applicant as much information about the Applicant’s qualifications and experience as is necessary for determining whether the Applicant is suitable for employment and shall ascertain that the Applicant has such qualifications as are required by law.
4.8 The Client shall ensure that the Applicant is fully aware of any conditions imposed by law which must be satisfied by the Applicant and that any employment resulting therefrom shall be legal.
4.9 The Client shall:
4.9.1 use all CVs supplied for the sole purpose of endeavouring to provide suitable employment for candidates;
4.9.2 keep confidential the CVs and all other information supplied by ES3 or Candidates to the Client or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Candidates with their express consent in respect of the CVs.
5.0 Rates
5.1 The rates shall be those rates as agreed between ES3 and the Client in the Service Agreement (E2007/1).
6.0 Payment terms
6.1 Payment for services will be made according to the payment terms specified in the Service Agreement.
6.2 ES3 reserves the right to charge a late payment fee of £250+VAT on invoiced amounts unpaid for more than fourteen days from the issued date of invoice. ES3 reserves the right to add the cost incurred in instructing an agent to act on its behalf in the recovery of an outstanding debt.
6.3 All fees payable for provision of services are subject to the addition of Value Added Tax at the current standard rate applicable.
7.0 ‘No Quibble’ Nine Month candidate replacement scheme
7.1 ES3 shall offer all Clients who purchase a Platinum package a nine month ‘Free Candidate Replacement’ Guarantee. Should an applicant generated by ES3 accept an offer of employment by the Client and then subsequently leave the employ within nine months of the start date of employment, the Client will be entitled to a ‘Free replacement’
7.1.1 The client shall inform ES3 in writing of the particulars relating to the
start date of the sucessful candidate supplied by ES3. (Email accepted)
7.1.2 The replacement employee will then be guaranteed for whatever period remains under the original guarantee.
7.1.3 If a 3rd (and final) replacement becomes necessary this will be charged at just 50% of the initial fee.
7.1.4 One guarantee is applicable per package purchased and is not transferrable
7.2 Exclusions to the scheme are as follows;
7.2.1 The role is made redundant.
7.2.2 The candidate supplied is transfered to an alternative role within the business or related business/group.
7.2.3 The Client fails to adhere to payment terms outlined in Service Agreement (E2007/1).
7.3 A claim to the candidate replacement scheme must be received in writing by The Company within 7 days of the employees’ date of termination. (Email accepted)
8.0 Company liability
8.1 ES3 can accept no liability of any kind for any loss or damage whatsoever and without prejudice to the generality of the foregoing loss of profits of any persons or company or for any injury to or death of any persons arising directly or indirectly from any act or omission of any Applicant introduced by ES3 even if such an act or omission is negligent, fraudulent or dishonest.
8.2 Viruses etc
It is the Client's responsibility to protect their computers against any viruses. ES3 will not be liable to you for any direct, indirect, consequential, special or other damage resulting from the transmission from us to your computer systems of viruses, worms, Trojan horses or other destructive items, however caused, such damage to include, without limitation, loss of profits, interruption to business, loss of the whole or any part of a program or any data howsoever stored whether saved on a computer system or otherwise.
9.0 Terms and Conditions
9.1 These Terms and Conditions of business may not be varied upon except by the express written permission of the Directors of ES3 Limited.
Should any provision of these Terms and Conditions be void or voidable, the existence of such provision is not to prejudice the enforceability of the remaining provisions hereof.
These Terms and Conditions and the contract between the parties shall be construed as applied in accordance with the Laws of England. The English courts shall have the sole jurisdiction in any dispute relating thereto.
10.0 Miscellaneous
10.1 The signing of a service agreement for provision of services amounts to an acceptance of these Terms to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
End.
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Privacy Policy
ES3 Ltd is incorporated in England carrying on business as an online recruitment agency and is committed to protecting any data that we collect concerning you. By using our services you agree to the use of the data that we collect in accordance with this Privacy Policy.
We are committed to protecting your privacy
We collect the minimum amount of information about you that is commensurate with providing you with a satisfactory service.
Information Collected
We only collect the information that you give us by responding to the various email contact details placed throughout the site.
Information Use
We use the information collected primarily to process the task for which you visited the website. Data collected in the UK is held in accordance with the Data Protection Act. All reasonable precautions are taken to prevent unauthorised access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details.
Financial information
The personal and financial information that you enter to purchase services or enable a purchase from ES3 is not stored by ES3, but only by our financial institution for the purpose of processing credit card payments made to ES3.
Disclosing Information
We do not disclose any personal information obtained about you from this website to third parties. We may use the information to keep in contact with you and inform you of developments associated with our business. You will be given the opportunity to remove yourself from any mailing list or similar device. If at any time in the future we should wish to disclose information collected on this website to any third party, it would only be with your knowledge and consent.
We may from time to time provide information of a general nature to third parties - for example, the number of individuals visiting our website or completing a registration form, but we will not use any information that could identify those individuals.
Changes to this Policy
Any changes to our Privacy Policy will be placed here and will supersede this version of our Policy. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.
