StudentJobCentre.co.uk
ONLINE RECRUITMENT SERVICES TERMS AND CONDITIONS
- 1. The following definitions apply:
"Client" means the company, firm or organization which has set up an account with Student Job Centre in order to use the Services.
"Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.
"Order Confirmation" means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of telephone orders, the form signed by the Client confirming details and pricing of the Services ordered by the Client.
"SJC" means Student Job Centre LTD may be abbreviated to SJC for the purpose of this document.
"Services" means the online recruitment services as set out in clause 2.
"Terms" means these terms and conditions.
"Website" means www.studentjobcentre.co.uk and includes without limitation its content, databases, software, code and graphics.
- 2. The following Services are available from SJC via the Website:
Unlimited Job Posting: the client has the right to post as many job adverts as are required which will last for 28 days on to the database so that students can search for the job.
Featured Job Posting: this service allows the client to promote their job adverts by way of having it featured on the homepage or by having more information in the search criteria. The extra features will last for the length of the advert and are available at specified prices.
Email Services: various email services are available, including targeted emails, where SJC will send a one off email with details of the Client's job(s) to an agreed number of the most recently registered candidates who match the criteria set by the Client.
- 3. SJC shall provide the Services in accordance with these Terms. Clients must set up an account with SJC in order to gain access to the Services. The Services do not constitute an offer by SJC, and SJC reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
- 4. A legally binding contract between SJC and the Client comprising these Terms and the Order Confirmation will come into effect when SJC has received the Client's completed Order Confirmation. SJC will acknowledge receipt by sending a confirmatory email to the Client.
- 5. SJC shall perform the Services using information and criteria supplied by the Client. It is the Client's responsibility to provide accurate and up to date information.
- 6. The Client undertakes not to submit for inclusion in any job posting, in its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect SJC or SJC's reputation.
- 7. Online payment services will be carried out by 2checkout.com. Payment online shall be subject to 2checkout's terms and conditions.
- 8. Once an Order Confirmation has been received, SJC cannot accept any cancellation of the agreed Services and no refunds will be given. No refunds will be given for early termination.
- 9. SJC may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
- 10. SJC reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
- 11. Without prejudice to any other remedy, SJC may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if SJC has reasonable grounds to believe that the Client cannot or will not pay its debts.
- 12. SJC reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:
- a. those of Clients who have not provided full or accurate contact or company information
- b. those of Clients that SJC considers to be acting inappropriately or illegally
- c. those of Clients that use the Website to advertise other websites, services and/or business opportunities in any part of the job vacancy or on any part of the site.
- d. those of Clients who fail SJC's credit checking process, or who default on payment.
- 13. The Client agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.
- 14. All intellectual property rights connected with the Services and/or the Website shall remain vested in SJC or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
- 15. SJC cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results (Guaranteed Response excepted).
- 16. SJC shall not be in breach of these Terms if events beyond its reasonable control prevent SJC from performing the Services.
- 17. It is the Client's responsibility to protect their computers against any viruses and malware.
- 18. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between SJC and the Client. The Client acknowledges that it has not relied on any representation made by SJC in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
- 19. In the event that the Client makes a claim against SJC for whatever reason, SJC's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall SJC be liable for any consequential, indirect or special losses, including without limitation, loss of profits, revenue, interest, goodwill, business and/or savings. Nothing in these Terms shall be construed to exclude SJC's liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
- 20. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
- 21. Notices to SJC shall be sent by email to [enter e-mail address] and notices to the Client shall be sent by email to the address supplied on set up of the Client's account.
- 22. From time to time SJC will contact Clients in order to evaluate the service they receive and also to promote SJC's services and products. SJC monitors the quality of vacancies from time to time in order to provide a better service to candidates.
- 23. The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of SJC. Breach of this clause shall be a material breach and will entitle SJC, without prejudice to any other remedies it may have, to terminate the Client's account and Services immediately.
- 24. For the avoidance of doubt, the Website terms and conditions apply in addition to the above Terms.
- 25. The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Job Postings and Vacancies
- 26. By submitting a vacancy to the Website, the Client is authorising SJC to post such vacancy and submit candidates ranked by SJC in accordance with the Client's criteria (if any).
- 27. The Client is responsible for the content of the vacancy and will indemnify SJC against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
- 28. The Client shall include in the job description the following information:
- a. Any qualifications and/or authorisations required by law or any or by any relevant professional body;
- b. The rate of pay, the job description must also include the nature of the work, the location, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
- c. Where the Client is employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.
- 29. The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, and the notice periods required to be given and received.
- 30. Applicants' responses will be forwarded by SJC by e-mail to the specified e-mail address given by the client. The Client is responsible for verifying the information contained in applicants' responses and SJC accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.
- 31. All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job posting are the responsibility of the Client, and SJC accepts no liability whatsoever therewith. The Client will indemnify SJC against any Losses in connection therewith.
- 32. The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, and the Employment Equality (Age) Regulations 2006. The Client shall indemnify SJC against any Losses in connection therewith.
- 33. The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("The Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on SJC's site, communications with applicants and management of applicants' details. The Client shall indemnify SJC against any Losses in connection therewith.
- 34. The Client shall not post any vacancy where:
- a. there is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the Client undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or
- b. the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the candidate to be placed, (i) to obtain copies of any relevant qualifications or authorisations of the candidate; (ii) to obtain two references from persons who are not relatives of the candidate; and (iii) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.
By posting any vacancy set out in sub-clauses 35(a) and (b) above, the Client is deemed to give the relevant undertakings. Where the Client is an employment business or agency, the Client shall offer copies of the documents obtained under sub-clauses 35(b)(i) and (ii) to the hirer.
- 35. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold SJC harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.
- 36. SJC reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:
- a. those that SJC considers illegal, inappropriate or fraudulent
- b. those that directly or indirectly require or ask for application or registration fees
- c. those that advertise franchise, pyramid, network marketing or get-rich-quick schemes
- d. those that have been indiscriminately posted or duplicated across multiple sectors
- e. those that advertise websites, services, businesses, business opportunities and/or contact details.
- f. those of Clients who solicit staff from the SJC family of companies
- For the avoidance of doubt, the fee paid by the client is non refundable/
- 37. Free job postings under the two plans are allocated to the Client's individual location and can not be shared across different locations. Failure to comply will result in the Clients account being terminated.
If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Company Number: 06842457. Registered in the UK.