Terms of Business
RecruitmentRevolution.com terms of business
Thank you for choosing RecruitmentRevolution.com to help you find the next great member of your team.
As you’d expect, we need to set out some clear guidelines to help you get the best out of our service, and understand how our innovative agency fee structure works.
These terms of business (“Terms”) apply to RecruitmentRevolution.com Limited’s delivery of our agency services to you, the client whose details have been entered into the relevant sections of the RecruitmentRevolution.com website (which is referred to as “the Website” elsewhere in these Terms).
For clarity, we’ll refer to RecruitmentRevolution.com as “Us”, “We” and “Our” elsewhere in these Terms, and will use “You” to refer to you, the client.
“Acceptance” means a verbal, written or other form of communication whereby a Candidate accepts or agrees to an Offer formally, informally, in principle or otherwise.
“Appointment” means the Acceptance of an Offer of employment or engagement, or when an employment contract is submitted to a Candidate, or where a start date has been set with an individual, or where a Candidate performs or agrees to perform any services for You on a permanent, contract, temporary, trial or any other basis, whether internal or external, paid or unpaid; Appoint and Appointed shall be interpreted accordingly.
“Candidate” means an individual identified to You by Us in a Referral.
“CMS” means the Candidate Management System section of the Website through which We provide You with Referral information and You communicate Your instructions to Us concerning Candidates Referred to You.
“Contract” means the agreement between You and Us for the provision of Our Service to You governed by these Terms and created when You submit a Vacancy through the Website.
“Fee” means Our charge for the Service, which depends on the Service Option you’ve chosen for the corresponding Vacancy as at the time of invoicing.
“Interview” means any communication by You with a Candidate either in person, on the telephone, via the internet or any other communication service that is available to both You and the Candidate.
“Offer” means an offer of employment or engagement made to a Candidate or an invitation to a Candidate to consider a speculative or potential offer of employment or engagement, whether made verbally, in writing or otherwise, and whether formal, informal, in principle, subject to references or otherwise.
“Parties” means You and Us.
“Referral” means the provision by Us to You of information specific to a Candidate; Refer and Referred shall be interpreted accordingly.
“Service” means the provision of a recruitment search facility by Us to You, the promotion and marketing of Vacancies, resourcing of Candidates, Candidate screening, Referral of Candidates and Candidate management.
“Service Option” means either the Open-Source, Multi-Source or Sole-Source service option selected by You and defined in these Terms.
“Vacancy” means the employment role You submit to Us for which You wish to receive the Service; Vacancies shall be interpreted accordingly.
2 The Contract
You indicate Your agreement to the Terms of this Contract when You submit a Vacancy to the Website.
These Terms (detailing the Service and the Service Options) together with the Vacancy and Your choice of Service Option comprise the entire agreement between You and Us. These Terms shall take precedence over any other terms of business or purchase conditions put forward by You unless We agree otherwise in writing. Any variation to these Terms needs to be agreed to by Us in writing.
Other than as set out in Clause 16 below, You shall have no remedy in respect of any representation (whether written or oral) made to You upon which You relied in entering into the Contract (“Misrepresentation”) that is not reflected in these Terms.
Where a purchase order (“PO”) number is required in order for Us to receive payment when payment is due, You shall notify Us of the PO number with Your Vacancy submission or email it to us at: email@example.com when You submit the Vacancy. Failure by You to provide a PO number where one is required shall not entitle You to delay or dispute payment of any Fees due.
3 The Service
The Service facilitates the sourcing of Candidates for recruitment to Vacancies provided by You. There are 3 Service Options: Open-Source, Multi-Source and Sole-Source. The Service delivered, and Your and Our obligations relating to each Service Option, are detailed below.
In relation to the Service Options You understand and agree that in order for You to get the best from Our Service You need to meet Your obligations. Failure by You to meet Your obligations may result in You being charged the Fee prior to an Appointment being made.
4 Our Obligations
We shall use Our professional skill and knowledge to ensure the Service is delivered to a high standard, including ensuring any Vacancies You submit are positioned well for You to recruit suitable Candidates in accordance with best practice within the recruitment industry.
5 Your General Obligations
You understand and agree that in order for Us to be able to deliver the Service, You shall:
• manage Your use of the Service in accordance with the Service Option You have selected and in accordance with these Terms.
• handle Candidate information in accordance with these Terms.
• continue to meet Your obligations until all Candidates Referred to You have either withdrawn, been Appointed, declined or been notified that they are unsuccessful via the CMS, even where You give notice of termination in accordance with these Terms.
You acknowledge that if You fail to meet Your obligations such failure shall:
• directly affect Our cost of delivering the Service; and
• significantly impact the likelihood of an Appointment resulting from Your use of the Service.
You agree that in the event of such a failure, We may invoice and You shall pay the Fee as liquidated damages, such sum being a genuine pre-estimate of the cost and damages to Us caused by Your failure.
6 Your Notification Obligations
Throughout these Terms, where We ask You to notify Us or a Candidate that the Candidate has withdrawn, been Appointed, declined or been notified that they are unsuccessful, such notification must be done via the CMS. Otherwise, You may notify Us of matters relating to a Vacancy or these Terms either via email or via the CMS. Please be aware that notification by telephone must always be confirmed via email or via the CMS in order to be a valid notification under these Terms.
In addition to any notification obligations specific to the Service Option You have selected, You shall notify Us:
• immediately if You have made an Offer to and/or Appointment a Referred Candidate within 12 months of the date of Referral, including for a role other than the Vacancy.
• immediately if a Referred Candidate has been Appointed by You within 12 months of the date of Referral, including for a role other than the Vacancy.
• immediately if You Appoint anyone to the Vacancy, whether or not the Appointed individual has been Referred to You by Us.
• immediately if You Appoint a Candidate within the 12 month period following the date of the Referral of such Candidate.
If You fail to meet Your notification obligations and We subsequently become aware that an Appointment has occurred, We may invoice and You shall pay £750 + VAT (the “Sum”) by way of liquidated damages. The purpose of such liquidated damages is to compensate Us for Our efforts in continuing to provide the Service after the Appointment, for the delay in Our receipt of the Fee and for Our costs in identifying that such an Appointment has occurred. You agree that the Sum represents a genuine pre-estimate of Our costs and damages resulting from such breach. For the avoidance of doubt such Sum shall be due in addition to and not in place of the Fee.
7 Open-Source (£1575+VAT)
The Open-Source Service Option shall commence:
• on the date the Vacancy is submitted to the Website with “Open-Source” as the selected Service Option; or
• on the date You change to the Open-Source Service Option in accordance with Your notification obligations for termination or change contained in the Sole-Source Service Option below.
The Open-Source Service Option shall continue:
• until an Appointment is achieved in accordance with these Terms; or
• until You remove the Vacancy from the Service. Such removal can occur at any time following Your notification to Us.
Your obligations for the Open-Source Service Option are to:
• notify Us via the CMS of Your decision to decline or invite for Interview any Candidate submitted to You by Us, within 21 days of the day We provide you with the Candidate information.
• provide Us with Your availability for a face-to-face Interview within 21 days of the day You notify Us that You wish to Interview a Candidate face-to-face.
• contact the Candidate directly to arrange a telephone Interview within 21 days of the day You receive their contact details.
• notify Us within 48 hours of receiving a Candidate’s details that You have received the same Candidate’s details in relation to the same Vacancy from another source during the previous 6 weeks (a “Duplicate”). You must attach proof of the earlier receipt of Duplicate details to Your notification of a Duplicate.
If You have chosen the Open-Source Service Option You may use other sources of recruitment for the Vacancy provided You meet Your obligations as set out above.
You shall be charged and You shall pay the Fee:
• if You Appoint a Candidate.
• if You fail to meet Your obligations in accordance with the Open-Source Service Option.
8 Multi-Source (£875+VAT)
The Multi-Source Service Option shall commence:
• on the date the Vacancy is submitted to the Website with “Multi-Source” as the selected Service Option; or
• on the date You change to the Multi-Source Service Option in accordance with Your notification obligations for termination or change contained in the Sole-Source Service Option below.
The Multi-Source Service Option shall continue until:
• an Appointment is achieved in accordance with these Terms; or
• You remove the Vacancy from the Service. Such removal can occur at any time following Your notification to Us.
Your obligations for the Multi-Source Service Option are to:
• notify Us via the CMS of Your decision to decline or invite for Interview any Candidate submitted to You by Us, within 14 days of the day We provide You with the Candidate information.
• provide Us with Your availability for a face-to-face Interview within 14 days of the day You notify Us that You wish to Interview a Candidate face-to-face.
• contact the Candidate directly to arrange a telephone Interview within 14 days of the day You receive their contact details.
If You have chosen the Multi-Source Service Option You may use other sources of recruitment for the Vacancy provided You meet Your obligations as set out above.
You shall be charged and You shall pay the Fee:
• if You Appoint a Candidate.
• if You fail to meet Your obligations in accordance with the Multi-Source Service Option.
• if You Appoint a Duplicate.
9 Sole-Source (£575+VAT)
The Sole-Source Service Option shall commence on the date the Vacancy is submitted to the Website with “Sole-Source” as the selected Service Option.
The Sole-Source Service Option shall continue until:
• an Appointment is achieved in accordance with these Terms; or
• You terminate this Contract in accordance with the termination requirements below; or
• You change to another Service Option in accordance with the termination requirements below.
If You have chosen the Sole-Source Service Option You agree to use Us as Your sole recruitment channel for the Vacancy and Your obligations are to:
• notify Us via the CMS of Your decision to decline or invite for Interview any Candidate submitted to You by Us, within 7 days of the day We provide You with the Candidate information.
• provide Us with Your availability for a face-to-face Interview within 7 days of the day You notify Us that You wish to Interview a Candidate face-to-face.
• contact the Candidate directly to arrange a telephone Interview within 7 days of the day You receive their contact details.
• use Your best efforts to recruit a Candidate to the Vacancy via the Sole-Source Service Option.
• not remove, suspend or de-activate the Vacancy, unless terminated in accordance with the termination requirements below.
• not make any changes to the Vacancy. Minor changes may be allowed subject to Our agreement in writing.
Provided You meet Your obligations applicable to the Sole-Source Service Option, You may, at no cost, change to another Service Option or terminate Your use of the Sole-Source Service Option so long as You provide Us with 7 days notice of Your decision to change or terminate on or after the later of:
• 28 days after the last date on which You selected a Candidate for Interview;
• 28 days after You have notified Us that the last of Your Interview Candidates was unsuccessful or has withdrawn.
You shall be charged and You shall pay the Fee:
• if You Appoint a Candidate.
• if You use a service other than Us as a source of recruitment for the Vacancy.
• if You fail to meet Your obligations in accordance with the Sole-Source Service Option.
Subject to You meeting Your obligations, when You notify Us that You would like to invite a Candidate for Interview We shall use reasonable endeavours to arrange an Interview at a time convenient for You, provided You have informed Us of Your availability. We shall inform You as soon as reasonably possible when an Interview has been arranged.
Where We or the Candidate provide You with contact details to enable You to arrange an Interview directly, You shall notify Us by email of the details of the Interview date, time and location once it has been arranged.
You acknowledge that We are not able to guarantee the attendance at an Interview of a Candidate and that We shall have no liability for the failure of any Candidate to attend an arranged Interview.
11 Fees, Invoicing and Payment
The Fee for the Service Option selected by You will be as stated in these Terms at the time You placed the Vacancy or at the time You changed Your Service Option, as confirmed to You via email and in Your Account section of the Website.
We may invoice You the Fee:
• if a Referred Candidate is Appointed by You within 12 months of the date of Referral, including for a role other than the Vacancy.
• in accordance with the terms of the Service Option in effect at the time an Appointment is made by You.
• in the event You fail to meet Your obligations.
• if, after an Offer has been made to a Candidate, You decide for any reason to withdraw the Offer, then you shall pay Us the Fee, to cover Our costs and losses associated with such withdrawal.
You hereby agree to pay Our undisputed invoices within 14 days of the date on the invoice. You shall notify Us in writing within 5 working days of receipt of an invoice if the invoice is in dispute.
We will be entitled to charge interest and debt collection fees in accordance with the Late Payments of Commercial Debts (Interest) Act 1998 (as amended). In the event that the debt is passed to a third party debt recovery or legal service You will be liable for all costs incurred in recovering any outstanding debt. Nothing in this Clause 11 shall limit or exclude Our right to claim for actual loss or damage in respect of such payment.
Neither You nor any third party shall be entitled to a refund of the Fee in any circumstances.
12 Hire Replacement Service
• You have complied fully with these Terms, by meeting Your obligations; and
• You have notified Us of the anticipated start date of employment within 7 days of the Candidate’s Acceptance and
• the Candidate terminates their employment with You (whether by provision of written notice or by ceasing to attend Your offices or place of work) within 30 days of the date of Appointment; or
• the Candidate fails to start work on the date that You have agreed with the Candidate and You have notified Us of such start date;
• We shall continue to provide the selected Service Option to You in respect of the Vacancy for a further period of 8 weeks, provided You continue to comply with Your obligations in accordance with these Terms. Within such 8-week period, You will not be required to pay any additional Fee following a new Appointment (one only) to the Vacancy.
Your use of the Hire Replacement Service does not extend to an Appointment made as a result of the Hire Replacement Service, an Appointment made on a temporary and/or contract basis or an Appointment made on a different Vacancy.
13 Referral to Third Parties
Referrals of Candidates are confidential. If, within 12 months of the date of the Referral of a Candidate to You, You disclose a Candidate’s details to a third party, that will be deemed to be a “Third Party Referral”.
If a Third Party Referral results in an Appointment by a third party, You shall be charged and You shall pay the Open-Source Service Option Fee applicable at the time of the Appointment.
14 Employment Regulations 2003
In accordance with the Conduct of Employment Agencies and Employment Businesses Regulations (Amendments) 2010 You shall satisfy Yourself as to the suitability of each Candidate and You shall take up any references provided by a Candidate before making an Appointment.
You are solely responsible for:
• obtaining work permits and/or such other permission to work as may be required;
• the arrangement of medical examinations and/or investigations into the medical history of the Candidate;
• satisfying any medical and other requirements, qualifications or permission required by the laws of the country in which the Candidate is engaged to work; and
• the selection of Candidates, the making of Offers, and your choice of Appointment
You agree that We shall have no liability in respect of the acts or omissions of any Candidate.
Where the Candidate is Referred for a position which involves working with, caring for or attending any person who is under the age of eighteen or otherwise by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, (each, a “Vulnerable Person”), We shall take reasonably practicable steps to:
• obtain confirmation of the Candidate’s identity;
• obtain confirmation that the Candidate has the experience, training, qualifications and any authorisations which You consider necessary or which may be required by law or by any professional body; and
• obtain and offer to provide copies to You of two references from persons who are not relatives of the Candidate and who have agreed that the references they provide may be disclosed to You.
If We have taken all reasonably practicable steps to obtain such information and have been unable to do so fully We shall inform You of the steps We have taken to obtain this information.
15 Candidate Data and Data Protection
We provide no warranty as to the accuracy or completeness of the Candidate details that are provided to Us by a Candidate (the “Candidate Data”).
You agree that it is Your responsibility to verify the Candidate Data including where the Vacancy involves working with, caring for, or attending a Vulnerable Person.
You may use the Candidate Data for the sole purpose of finding and selecting individuals to fill Your own job vacancies and for no other purpose whatsoever.
You acknowledge that the Candidate Data is considered to be personal data as defined in the Data Protection Act 1998 (the “Act”) and that You are responsible for ensuring Your compliance with the Act. In particular, You shall ensure that You employ appropriate operational and technical measures to protect the security and confidentiality of such personal data.
It is a condition of Our supply of the Service that You shall not:
• supply, sell or license Candidate Data (or any copies thereof) to any other person or affiliate.
• contact a Candidate for any reason other than as provided for under these Terms.
• make or allow any use of the information about a Candidate, other than for the purpose of finding suitable Candidates for a Vacancy.
You agree to delete all Candidate Data upon its replacement with up-to-date material or the satisfactory conclusion of Your search for a suitable Candidate, whichever occurs first.
You agree to deal fairly and professionally with Candidates and to comply with all anti-discrimination and employment legislation including but not limited to the Equality Act 2010.
We shall provide You with a personal password to enable You to access the Service. You agree to keep such password secret and to use it solely for the purpose of accessing the Service. We may, in Our sole discretion, terminate any password that We reasonably believe to have been compromised and shall have no liability to You in the event of such termination.
You shall be liable for Our direct costs, losses and damages, howsoever occurring, sustained by Us as a result of any breach of Your obligations contained in this Clause 15.
You are responsible for the content of any Vacancy and will be liable for Our direct costs, losses and damages arising as a result of any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
We reserve the right in Our sole and absolute discretion to remove or edit any Vacancy at any time without reason. You shall not be liable for Our losses where such losses or any liability is attributable to Our edit of a Vacancy.
Examples of Vacancies that may be removed or edited include (but are not limited to) those that:
• We consider illegal, discriminatory, inappropriate or fraudulent.
• directly or indirectly require or ask for application or registration fees.
• advertise franchise, pyramid, network marketing or “get-rich-quick” schemes.
We shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential), which may be suffered or incurred by You, arising from or in any way connected with:
• the Appointment of a Candidate by You.
• responding to an Interview request or attendance for an Interview.
• any misrepresentation by a Candidate, except where We have not acted in accordance with Our reasonable obligations where the Candidate is Referred for a position which involves working with, caring for or attending a Vulnerable Person.
• a Candidate’s withdrawal of their Acceptance before the agreed start date.
For the avoidance of doubt, nothing in these Terms seeks to limit or exclude Our liability for (i) fraudulent Misrepresentation, (ii) fraud or other criminal act, (iii) personal injury or death caused by the negligence of Our employees in connection with the performance of their duties hereunder or by defects in any Service supplied pursuant to these Terms, or (iv) any other liability that cannot be excluded by law.
Except for any liability that cannot be limited or excluded by law, Our maximum aggregate liability to You for any cause whatsoever shall be for direct costs and damages only. Such liability will be limited to a sum equivalent to 125% of the Fees paid and payable by You to Us in respect of the Service that is the subject of Your claim.
We may refuse to provide the Service or remove Your account at any time without reason.
We may contact You from time to time in order to evaluate the service You receive and/or in order to promote Our recruitment services and products. If You do not wish to be contacted by Us for this purpose, please notify Us.
Clauses 1, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16 and 17 shall survive termination of the Contract and continue in full force and effect after such termination.
If any provision of these Terms is adjudged by a court of competent jurisdiction to be invalid, void, or unenforceable, the Parties agree that the remaining provisions of these Terms shall remain valid and enforceable. No waiver by either party of any term hereof shall constitute a waiver of any such term in any other case whether prior or subsequent thereto. No single or partial exercise of any power or right by either party shall preclude any other or further exercise thereof or the exercise of any such power or right under these Terms. You may not assign Your rights or obligations under these Terms without Our prior written consent. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, but this does not affect any right or remedy of a third party that exists or is available apart from the Act. Neither party is responsible for failure to fulfil its obligations hereunder due to causes beyond its reasonable control that directly or indirectly delay or prevent its timely performance hereunder.
All notices made pursuant to these Terms must be made in writing. Notices sent to You from Us shall be sent to the email address registered by You when the Vacancy was submitted to the Website. Notices sent to Us from You shall be sent via the CMS where facilities exist for that purpose or via email to firstname.lastname@example.org.
18 Applicable Law
Each party hereby irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any disputes of whatever nature arising out of or relating to these Terms. These Terms shall be governed by English law