TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ARE COMPOSED OF TWO PARTS; PART A BELOW IS APPLICABLE TO CLIENTS AND PART B TO CANDIDATES
PART A
THIS PART A OF THE TERMS AND CONDITIONS IS APPLICABLE TO THE SERVICES WE PROVIDE TO CLIENTS
1. Application and entire agreement
1.1. These Terms and Conditions apply to the provision of the services detailed in these Terms and Conditions and in our quotation for a Project, which is anticipated to be the price and subscription package (https://hire-digital.com/pricing-global/) provided for certain services that you select on our website or otherwise agree with us in writing for such Project (“Services”) by HIRE DIGITAL TECHNOLOGIES LTD, Company number 12869153, 2 Frederick Street, London, United Kingdom, WC1X 0ND (also, “HIRE DIGITAL” “we” or “us” or “Service Provider”) to the person buying the services (“you” or “Client”).
1.2. You are deemed to have accepted these Terms and Conditions (a) with registration (as detailed below) and (b) from the creation of a new Project. These Terms and Conditions and our quotation for a Project (together, the “Contract”) are the entire agreement between us in respect of that Project. The form of these Terms and Conditions applicable to each Project shall be those in effect on the Project Effective Date. For the avoidance of doubt, a separate “Hire” will exist where an Employment Contract is entered into with more than one employee under the same Project.
1.3. You acknowledge and agree that you have not relied on any statement, promise or representation made or given by or on our behalf. These Terms and Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, in each case to the fullest extent permitted by applicable law and regulation.
2. Interpretation and Definitions
2.1. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
2.2. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
2.3. The following terms used in these Terms and Conditions have the definition ascribed to them below:
Terms (T&Cs) |
Definitions |
|
A |
Project |
A single search project with a distinct role definition |
B |
Proposal |
Pre-qualified Candidate profile you receive on our Platform |
C |
Data Protection Laws |
any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK; |
D |
Hire |
A candidate you hire (Employment Contract signed) |
E |
Project Period |
12 months is every subscription per Project commencing on the date of this Contract for that Project |
F |
Project Effective Date |
The day on which you register on our Platform (as further detailed below), accept our quotation or from the date of any performance of the Services (whichever happens earlier) |
G |
Employment Contract |
An employment contract (or other form of agreement, howsoever termed, under which the Candidate agrees to provide its time and professional skills to you for payment |
3. Services
3.1. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or regulation and we will notify you if this is necessary.
3.2. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
3.3. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
3.4. For Clients, our Services are as follows:
a) We offer Clients (eg. persons acting on behalf of, or as agent of, employers) the opportunity to review profiles of pre-selected candidates (each, a “Candidate”) for a Project and reduce the costs associated with hiring a candidate in respect of a Project (in comparison to a commission-based recruitment fee) and/or increase the probability of that Client (or person acting on its behalf) of identifying candidates in respect of a Project.
b) We identify and provide up to 12 Candidate profiles per month (depending on the subscription package, as set out in the quotation). The number of Candidate profiles provided by us is not guaranteed and varies in respect of factors including a Client´s requirements and demands, as well as prevailing market conditions. The information provided in a Candidate profile may vary from time to time and is also dependent on the subscription package, as set out in the quotation. Candidates are proposed to you, and their profiles available, on the Platform.
c) We work continuously on a Project throughout the Project Period as long as the Fees are paid in accordance with the Contract and it is not otherwise terminated as provided herein. Where you (or the person for whom you act) enter into an Employment Contract with a Candidate we shall, unless agreed otherwise, reduce our Services unless and until that Candidate resigns within 12 weeks, or the Employment Contract is terminated due to performance related issues, in which case we shall provide up to 12 new profiles (in accordance with the subscription package chosen) in line with the agreed job description and compensation package for the remainder of the original Project Period. For the avoidance of any doubt, the additional profiles shall not be provided where you fail to adhere to the payment terms set out in section (Fees) below.
d) The full spectrum of our services is depending on the subscription package (which can be found here: https://hire-digital.com/pricing-global/) and/or the quotation, and dependent on such package may include:
Services per month (depending on package) |
Definitions |
pre-qualified top candidates |
Average number of pre-qualified candidate profiles you receive per month |
Al based matchmaking |
Our (IP protected) AI matches Candidate profiles based on your project input |
Personality test result |
We ask candidates to perform a Myer Briggs test (results displayed on Platform) |
Video interview summary |
We add a short summary of our video call with the Candidate and us (subject to Candidate agreement, and technical and infrastructure constraints) |
Access to hire-digital platform |
Access to the Platform incl. historical searches, proposals & communications |
Replacement guarantee |
If a Candidate resigns or an Employment Contract is terminated due to performance-related reasons, we start proposing new Candidate profiles via the Platform in accordance with the original subscription package for that Project |
Dedicated success manager |
A dedicated person within HIRE DIGITAL LTD helps you to make the project a success |
Iterations on search strategy |
You can refine, skills, salary, location and work experience but no other features originally communicated in respect of that Project |
Reference checks |
We request and provide on receipt references (e.g., from former employers) |
We guarantee you a hire within 3 months |
Within a briefing agreed on and limited iterations on the search strategy |
3.5. In using our Services, you acknowledge, undertake and agree as follows:
a) Registration:
i. By accessing the website and creating an account on the Platform, you agree to our terms and conditions (by ticking the respective check box) and you will provide accurate, truthful, complete and current information from time to time and will refrain from using a false identity or false information or acting on behalf of another person. You may have only one account and may not register or use our website or the Platform after being banned or in any way restricted by us from using it. We may in our sole and absolute discretion allow registration using third-party registration services such as (but not limited to): GitHub, LinkedIn, Facebook, Google or Twitter.
ii. You agree that entering your email address and password in the course of the registration shall qualify as the proof of your identity.
iii. You are responsible for all activities originating in their account. If we determine for any reason that the information you have provided to us or any Candidate or Client (as the case may be) is in any manner inaccurate, out of date or incomplete, we have the right to suspend or terminate your account. Suspension or termination of your account will not remove any obligation of yours to pay Fees or other amounts under the Contract to us.
iv. Client registration is free of charge. In the course of registration, you may be asked for additional information about your corporate organisation and the type of candidates you seek. After registering, you can create a search request for the specific candidate profile applicable to the or each Project. Once the registration form has been validated, you will receive an email at the address provided to confirm your account, which you will need to validate within 48 hours.
v. If the registration is accepted and you create your first Project, you will need to activate that Project by purchasing a subscription package in accordance with the quotation and, where you do not pay the applicable fee by credit card, you will receive an invoice for the subscription fee. Only after the applicable is paid, will you be able to receive and review Candidate profiles and send communications to Candidates, as further provided in section (Fees) below.
vi. We reserve the right, in our sole and absolute discretion, to accept or decline any registration.
b) Client Agreements in Communicating with Candidates and us:
After a Candidate profile is proposed to you as set out above, you:
i. will interact with the Proposal of a Candidate profile within 3 business days via the Platform to select the respective status available on the Platform: “chat with candidate”, or set the Candidate “on hold”, “select” for an interview, “offer” or “reject” that Candidate. If you fail to interact via the Platform within 5 business days, we can introduce the Candidate to other potential employers or persons acting on their behalf.
ii. may use other means of communication than the Platform once the Candidate has accepted the interview request, however, you undertake not to attempt to circumvent the Platform (without informing us), and the payment and other terms of our Contract by communicating, or attempting to communicate, with the Candidate independently or outside of the Platform (an “Unauthorised Communication”).
iii. will keep us informed via the Platform of the status of each Candidate available on the Platform: “chat with candidate”, “on hold”, “select”, “offer” or “reject” that Candidate proposed to you, including but not limited to informing us when you (or the person(s) for whom you act) make an offer of employment to any Candidate and when any Candidate accepts an offer of employment with you (or the person(s) for whom you act). Where the Project Period has ended or you otherwise no longer have access to the Platform, you will inform us of the entry into an Employment Contract with a Candidate we have proposed to you for any role and at any time by e-mail, it being understood that notwithstanding you have terminated the Contract, certain fees as provided herein may remain due and payable to us.
c) Hiring outside the Platform and fees:
i. The fees payable for our Services as set out in the Contract are due and payable as further detailed in section (Fees) below.
ii. Subject as provided below, if you hire any Candidate:
· we have proposed on the Platform to you at any time and for any role either without informing us or following an Unauthorised Communication; and/or
· directly or through another recruitment company or intermediary,
then, in addition to the Fees otherwise paid or due to us under this Contract, you will pay to us two times (2x) the annual subscription fee relating to the Project for which that Candidate was originally proposed as a hiring fee (the “Additional Hiring Fee”) in accordance with the payment terms of section (Fees) below. It is acknowledged and agreed that the Additional Hiring Fee shall represent fair recompense for our Services in proposing the Candidate to you.
iii. The Additional Hiring Fee will not be due where you provide evidence that you had initiated hiring discussions in respect of the role to which the Employment Contract relates with that Candidate in the three months’ prior to the date on which you became aware that the Candidate’s profile is or would be published on the Platform or otherwise proposed by us to you (whichever earliest).
d) You acknowledge and agree to the Terms and Conditions applicable to any Candidates as set out in Part B hereof, including the limitation in our Services as provided therein. Although we reserve the right to audit or validate any information provided by you, any person for whom you act or any Candidate by reference to publicly available information, we do not validate or independently check such information. For the avoidance of doubt, except where specifically agreed with us in the quotation, you are responsible for verifying matters including (but not limited to) each Candidate’s educational and professional qualifications, right to work or visa status and employment history.
e) The following terms as used in these Terms and Conditions and on the Platform have the definitions ascribed to them below:
Terms (Platform) |
Definitions |
Chat & Conversations |
Direct chat + history with the relevant Candidate or us via the Platform |
View |
See all details about a Candidate’s profiles |
Status selection options for a proposed Candidate |
|
A. “chat with candidate” |
You can communicate directly with Candidates eg. to schedule an interview |
B. “Select” |
This informs us that you interview the Candidate |
C. “on hold” |
This informs us that the Candidate is on hold or ‘parked’ for later consideration |
D. “Offer” |
This informs us that you made the Candidate an offer |
E. “rejected” |
This informs us that you rejected a proposed Candidate |
Platform |
our platform at: app.hire-digital.com |