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 LTD, Company number 12869153, 2 Frederick Street, London, United Kingdom, WC1X 0ND (also, “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 

4.     Your obligations 

4.1.   In addition to the other agreements given by you in the Contract, you represent, warrant and undertake on each date on which we perform any Services that:

a)    You have obtained any permissions, consents, licences or otherwise that we need and have given us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services. 

b)     You are duly authorised to enter into the Contract, and it constitutes your legal, valid, binding and enforceable obligations.

c)     The information supplied to us is accurate, truthful, complete and current information.

4.2.   If you do not comply with the provisions of this section, we can terminate the Services in accordance with section (Termination). We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations) 

 

5.     Fees and Subscriptions 

5.1.   The fees (“Fees”) for the Services in respect of a Project and the related Project Period are:

a)     set out in the quotation, which is a non-refundable monthly subscription-based fee in the amount set out in the quotation (excl. VAT and any other applicable taxes as set out below) (the “Monthly Subscription Fee”); or 

b)     in the case of hiring of a Candidate as a freelancer or an intern, a fixed one-time fee of fifty per-cent of the applicable annual subscription package per Candidate payable upon execution of an Employment Contract with such Candidate,

or in either case, such other amount agreed in writing between us. 

5.2.   Where the Fees are the Monthly Subscription Fee: 

a)     On the registration day in respect of the Project, you can pay either: 

1.     for the full 12-month subscription on the registration day and receive a discount of 20% on the total annual fee calculated as 12 * Monthly Subscription Fee; or 

2.     the first Monthly Subscription Fee.

b)   Where you choose to pay the Monthly Subscription Fee on a monthly basis, you can cancel your subscription at any time prior to the next Monthly Subscription Fee becoming due, provided that if you (or any person for whom you may act) enter into an Employment Contract with a Candidate that we have proposed on the Platform at any time and for any role, then the Monthly Subscription Fee for the remaining months of the year’s subscription term, calculated as: (12 * Monthly Subscription Fee) – sum of Monthly Subscription Fees paid to date (the “Remaining Subscription Fee”). The Remaining Subscription Fee shall be due either: 

1.    in a single payment on the date of the Employment Contract in which case it shall, where it totals an amount in excess of 3 * Monthly Subscription Fees, be reduced by 20%; or 

2.     in monthly payments, each of an amount equal to the Monthly Subscription Fee, on the monthly anniversary of the original registration date for the Project. 

c)     Where there is more than one Hire in respect of a Project, the Fees set out above apply to each such Hire separately but will be due as a full annual subscription fee (12 * Monthly Subscription Fee for that Project) only at the time at which the additional Candidate(s) enter) into an Employment Contract with you (or the organisation you are acting for). 

5.3.    For the avoidance of doubt, where a Project Period extends beyond the initial year, the provisions set out above will apply to each future annual period.

5.4.   You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of this section also apply to these additional services.

5.5.   The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority. 

5.6.   Our invoices are sent to you by e-mail (if invoice) and/or are available online in your registered profile (if paid online). 

5.7.   Our invoices are payable upon receipt.

5.8.   Any dissatisfaction with an invoice or the nature of the Services must be clearly expressed within 7 days of the invoice date or that invoice amount will be deemed accepted by you. 

5.9.   Any discounts, promotions, special offers and reduced prices will only be valid when Fees are paid upon receipt and on time.

5.10. Time for payment shall be of the essence of the Contract.

5.11. If you do not pay us as provided above, we can either withhold or suspend the provision of the Services until the payment is received or can terminate under the section below (Termination). Any such withholding or suspension of Services or termination shall not remove your obligation to make the payments due to us under the Contract.  

5.12. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 3% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

5.13. The subscriptions are non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).

5.14. All payments due under the Contract must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

5.15. All payments must be made in the currency specified in the quotation unless otherwise agreed in writing between us.

5.16. Receipts for payment will be issued by us only at your request.

 

6.     Cancellation and amendmen 

 

     6.1. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation (unless the quotation has been withdrawn). 

      6.2. Either we or you can cancel a Project for any reason prior to your acceptance (or rejection) of the quotation and as otherwise set out in these Terms and Conditions.

    6.3. If you want to amend any details of the Services, you must inform us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

     6.4. If, due to circumstances beyond our control, including those set out in the section below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

 

7.     Sub-Contracting and assignment 

7.1.   We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and can subcontract or delegate in any manner any or all of our obligations to any third party.

7.2.   You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Contract.

 

8.     Termination

8.1.   We can terminate the provision of the Services immediately if you:

a)     commit a material breach of your obligations under the Contract; 

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

c)     are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; 

d)  enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986 (or any similar arrangement in your jurisdiction of incorporation), or any other scheme or arrangement is made with your creditors; and/or

e)     convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986) (or any similar person in your jurisdiction of incorporation), a resolution is passed, or petition presented to any court, for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency in any applicable jurisdiction (and the provisions hereof shall be construed to include any similar such proceedings in any jurisdiction).

8.2.   When exercising our termination rights as set out above we will determine the effective date of termination and notify you of the same. Any failure or delay in giving such notice shall not invalidate the exercise of our right to terminate the Contract with effect on and from the effective date so determined by us.

8.3.   Termination under this provision do not preclude our exercise of any other rights that we may have under the Contract or applicable law, including as to any Fees due under the Contract (including for Services due in respect of the remaining term of the Project Period or as otherwise payable in the circumstances set out in the Contract).

8.4.    Section 9 to 17 (inclusive) survive any termination.

 

9.     Intellectual property

We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services and in connection with the Platform. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

 

10.  Liability and indemnity

10.1. Our liability under the Contract, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.

10.2. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

10.3. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under the Contract for:

a)     any indirect, special or consequential loss, damage, costs, or expenses or;

b)     any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or other third-party claims; or

c)     any delay in or failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d)     any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e)     any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services (including, for the avoidance of doubt, your determination as to which Candidates to interview and employ (if any) or, as the case may be, refer to any person for whom you act) or any goods supplied in connection with the Services.

10.4. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to the Platform, including its underlying technical infrastructure caused by you or your agents or employees.

10.5. Nothing in the Contract shall limit or exclude our liability for any matters for which it would be unlawful to exclude or limit liability under applicable law and regulation.

 

11.  Data Protection  

11.1. When supplying the Services to the Client, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Client. 

11.2. The parties agree that where such processing of personal data takes place, the Client shall be the ‘data controller’ and the Service Provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (“GDPR”) as may be amended, extended and/or re-enacted from time to time.

11.3. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.

11.4. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as requested by and agreed with the Client, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.

11.5. The Service Provider shall not disclose Personal Data to any third parties other than Candidates, employees, directors, agents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations. 

11.6. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Client.

11.7. Further information about the Service Provider’s approach to data protection are specified in its Privacy Policy, which can be found at: https://hire-digital.com/privacy-policy/. For any enquiries or complaints regarding data privacy, you can email: demo@hire-digital.com.

11.8. Where you receive Personal Data of any Candidate, this shall be on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations. You shall not disclose the Candidates’ Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors or, where you act for a third party, that third party (where you have disclosed it to the Candidate in advance of such disclosure), all on a strict ‘need-to-know’ basis.

 

12.  Circumstances beyond a party’s control 

Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or, in the case of the provision of our Services only, any other event that is beyond the control of the party in question. If the delay continues for a period of 10 days,  we may terminate or cancel the Services to be carried out under these Terms and Conditions.

 

13.  Communications

13.1. All notices under these Terms and Conditions must be in writing.

13.2. Notices shall be deemed to have been duly given:

a)     when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

b)     when sent, if transmitted by email or the Platform and a successful transmission report or return receipt is generated or sent message confirmation produced;

c)     on the fifth business day following mailing, if mailed by national ordinary mail; or

d)     on the tenth business day following mailing, if mailed by airmail.

13.3. All notices under these Terms and Conditions must be addressed to the most recent address or email address notified to the other party. 

 

14.  No waiver

No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

 

15.   Use of Branding 

You hereby grant to us the express right to use your company logo in marketing, sales, financial, and public relations materials and other communications solely to identify you as a HIRE DIGITAL customer. HIRE DIGITAL hereby grants to you the express right to use HIRE DIGITAL logo solely to identify HIRE DIGITAL as a provider of services to you. Other than as expressly stated herein, neither party shall use the other party’s marks, codes, drawings or specifications without the prior written permission of the other party.

 

16.  Severance

If one or more of these Terms and Conditions or provisions of the Contract is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions or, as the case may be, the Contract (which will remain valid and enforceable).

 

17.  Law and jurisdiction

The Contract (and any non-contractual obligations arising out of or in connection with it) shall be governed by and interpreted according to the laws of England and Wales and all disputes arising under the Contract (including as to any non-contractual arising out of or in connection with it) shall be subject to the exclusive jurisdiction of the English and Welsh courts. Unless expressly stated otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it.

 

 
 

 

PART B – THIS PART B OF THE TERMS AND CONDITIONS IS APPLICABLE TO CANDIDATES

 

1.     Application and entire agreement

1.1.   These Terms and Conditions apply to the provision of the services detailed in these Terms and Conditions (“Services”) by HIRE DIGITAL LTD, Company number 12869153, 2 Frederick Street, London, United Kingdom, WC1X 0ND (also, “we” or “us” or “Service Provider”) to the person receiving the services (“you”).

1.2.   You are deemed to have accepted these Terms and Conditions when you register on our website and they form a contract between us (the Contract).

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.   Words imparting the singular number shall include the plural and vice-versa.

2.4.   Capitalised terms not otherwise defined in this section will have the meaning given to them in “PART A TERMS AND CONDITIONS APPLICABLE TO THE SERVICES WE PROVIDE TO CLIENTS”, unless the context requires otherwise. 

 

3.     Services

3.1.   We provide Clients, as our clients, with a search function for certain job vacancies they may have from time to time and as further detailed in Part A of these Terms and Conditions. In the context of those Services to Clients, we contact potential candidates and may then propose those candidates to employers or persons acting on their behalf on the Platform. By using the Platform, you are deemed to accept and agree to these Terms and Conditions.

3.2.   In using our Services, you acknowledge, undertake and agree as follows:

 

a)     HIRE DIGITAL LTD’s Role:

                         i.         We do not charge Candidates any fee for use of the Platform or proposing them to Clients. A contract arises between us on the terms set out in these Terms and Conditions based on the mutual benefit that we may each obtain if you are at any time employed by an Client. 

                        ii.         We do not act for Candidates (as agent or otherwise) or make any assurance as to them being proposed to Clients, interviewed by Clients (or the persons for whom they act) or to receiving any job offer for any position.

                       iii.         We reserve the right, in our sole discretion, to accept or decline any registration or de-register a Candidate at any time. 

                      iv.         Where expressly agreed with you before registration, we will pay any “signing bonus” amount to you within 4 calendar months after your start date, providing that your role is a permanent full-time role that has not been terminated in the initial 3-month period after that start date and/or (y) any interview amount to you upon you and the Client having updated the Platform or otherwise submitting written proof to confirm that an initial interview has occurred. 

                       v.         Where we consider a Candidate may be suitable for a role, we propose Candidates to Clients, and you consent to such proposals. Where possible, any interview request will include remuneration details and a job description.  

                      vi.         We do not validate the information provided by any Candidate (including you), but we reserve the right to perform audits and/or verify that information using publicly available information.

                     vii.         We do not validate the information provided by Clients. We may from time to time provide web-site links, public information and job descriptions (or summaries thereof) as prepared by Clients or persons acting on their behalf, however we do not accept any responsibility for verifying the accuracy or content of that information. You must conduct your own investigations into any potential Client (or the employer for whom they act) and any role they may from time to time offer.

 

b)     Registration:

                         i.         Upon expressing the interest in becoming a potential candidate, you shall complete the registration process, in the course of which you shall be requested to provide your personal data including name, age and contact information and to declare that you: 

·       have read, understood and accepted these Terms and Conditions; 

·       are of age and may be legally employed in the country where employment is sought;

·       are legally authorized to enter a binding agreement with HIRE DIGITAL LTD; and 

·       agree to provide any proof of identity that may be required. 

                        ii.         If you do not agree to be bound by these Terms & Conditions at any time, you shall not be permitted to access the Platform or use our services.

                       iii.         Upon registration on the Platform and acceptance of these Terms & Conditions, you will:

·       be authorised to use all Services available for Candidates on the Platform, subject to the provisions in these Terms and Conditions allowing termination of access to the Platform and our Services

·       provide a current curriculum vitae specifying your employment history and education by means of electronic communication or by uploading it to the Platform;

·       provide accurate, truthful, complete and current information and 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 the website or Platform after being banned from using it. We may in our sole and absolute discretion allow registration using third-party registration services such as GitHub, LinkedIn, Facebook, Google or Twitter.

·       be deemed to provide proof of your identity by entering the email address and password in the course of the registration.

·       be responsible for all activities originating in your account. In case the information provided is inaccurate, out of date or incomplete, we have the right to suspend or terminate the account. 

·       create a searchable profile upon registration; once the registration form has been validated, you will receive an email at the address provided to confirm activation of the account, which you will activate to access your account.  

·     complete and co-operate with our registration processes and requests, including but not limited to completing any test, validation process, video interview or other provision of information, as we may reasonably request.

 

c)     On and from registration 

                         i. You will be available for contact with us on the Platform and/or by telephone or e-mail on and from registration to any final determination from an Client to either reject your application for the relevant role or to sign an Employment Contract with you (the “Proposal Period”), provided always that you have the right to delete your profile from the Platform at any time and, in such circumstances, the Proposal Period will end.

                        ii. You will respond to any interview request sent by an Client within a maximum of 24 hours of receipt. You have the opportunity, however, not the obligation, to accept the proposed interview request but if you choose not to accept the request then you will decline it. 

                       iii. You will demonstrate general professionalism and motivation during the Proposal Period, and specifically upon receiving an interview request or an employment offer. 

 

d)     Obligation to notify HIRE DIGITAL LTD of any Employment Contract:

                         i.         You will immediately inform HIRE DIGITAL LTD of all employment offers received where you have been proposed as a Candidate by us and provide us with a copy of the Employment Contract as well as notify us immediately if the Employment Contract is changed or terminated within 3 months of the date of signing for any reason whatsoever.

                        ii.         If you are contacted by HIRE DIGITAL LTD and receive a job description and/or are proposed to a Client on the Platform but you decide to apply with the Client or employer directly or through another recruitment company, and your application is ultimately successful, HIRE DIGITAL LTD retains the claim against the Client for the Additional Hiring Fee mentioned in Part A of these Terms and Conditions. 

 

4.     Your obligations

4.1.   In addition to the other agreements given by you in the Contract, you represent, warrant and undertake on each date on which we perform any Services that:

a)     You have given us access to any and all relevant information, materials, and any other matters which we reasonably need to provide the Services. 

b)     You are duly authorised to enter into the Contract and it constitutes your legal, valid, binding and enforceable obligations.

c)     The information supplied to us is accurate, truthful, complete and current information.

4.2.   If you do not comply with the provisions of this section, we can terminate the Services in accordance with section (Termination) below. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

 

5.     Sub-Contracting and assignment

5.1.   We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.

5.2.   You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

 

6.     Termination

6.1.   We can terminate the Contract with immediate effect at any time and, given the limited provision of Services to you, by way of notification and/or restriction on account access or otherwise. 

6.2.   You can terminate the Contract upon giving written notice to us at any time other than during the Proposal Period. 

6.3.    Condition 7 to 14 (inclusive) survive any termination.

 

7.     Intellectual property

We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services and in connection with our Platform. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

 

8.     Liability

8.1.   To the fullest extent permitted under applicable law and regulation, we are not liable (whether caused by our employees, agents or otherwise) under the Contract, or in breach of statutory duty, or in tort or misrepresentation or otherwise, to you. 

8.2.   The limitations on our liability as set out above shall include that we are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under the Contract for:

a)     any indirect, special or consequential loss, damage, costs, or expenses or;

b)     any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; or other third-party claims; or

c)     any delay in or failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d)     any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e)     any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services (including, for the avoidance of doubt, your determination as to whether to accept any offer of employment. 

8.3.   For the avoidance of doubt, nothing in the Contract shall limit or exclude our liability for any matters for which it would be unlawful to exclude or limit liability under applicable law and regulation.

 

9.     Data Protection 

9.1.   When supplying the Services to the Candidate, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of the Candidate. 

9.2.   The parties agree that where such processing of personal data takes place, for the purposes of the applicable Data Protection Laws, HIRE DIGITAL LTD is the “data controller”. This means that HIRE DIGITAL LTD determines the purposes for which, and the manner in which, your Data is processed.

9.3.   shall be the ‘data processor’ as defined in the General Data Protection Regulation (“GDPR”) as may be amended, extended and/or re-enacted from time to time.

9.4.   For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.

9.5.   The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as requested by and agreed with the Candidate, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes (except as reasonably required in connection with the Services).

9.6.   The Service Provider shall not disclose Personal Data to any third parties other than Clients and their employees, directors, agents, sub-contractors or advisors (or the persons for who they may act) on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations. 

9.7.   The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Client.

9.8.   Further information about the Service Provider’s approach to data protection are specified in its Privacy Policy, which can be found www.hiredigitaltalent.co.uk. For any enquiries or complaints regarding found at https://hire-digital.com/privacy-policy/ . For any enquiries or complaints regarding data privacy, you can email: demo@hire-digital.com.

9.9.   Where you receive Personal Data of any Client (or person for whom they act), this shall be on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations. You shall not disclose Personal Data relating to the Client (or any person for whom they act) to any third parties. 

 

10.  Circumstances beyond a party’s control

Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 10 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

 

11.  Communications

11.1. All notices under these Terms and Conditions must be in writing 

11.2. Notices shall be deemed to have been duly given:

d)     when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

e)     when sent, if transmitted by email or the Platform and a successful transmission report or return receipt is generated or sent message confirmation produced;

f)      on the fifth business day following mailing, if mailed by national ordinary mail; or

g)     on the tenth business day following mailing, if mailed by airmail.

11.3. All notices under these Terms and Conditions must be addressed to the most recent address, email address or sent over the Platform to the other party. 

 

12.  No waiver

No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

 

13.  Severance

If one or more of these Terms and Conditions or provisions of the Contract is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions or, as the case may be, the Contract (which will remain valid and enforceable).

 

14.  Law and jurisdiction

The Contract (and any non-contractual obligations arising out of or in connection with it) shall be governed by and interpreted according to the laws of England and Wales and all disputes arising under the Contract (including as to any non-contractual arising out of or in connection with it) shall be subject to the exclusive jurisdiction of the English and Welsh courts. Unless expressly stated otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it.