1. PURPOSE
1.1 The purpose of these terms and conditions is to explain the legal basis upon which the services of Hiring Wizard Limited is offered for use, and the limitations of liability that we retain.
2. ACCEPTANCE
2.1 By using our services, you accept and agree to abide by these Terms and Conditions, which apply to all dealings between Hiring Wizard Limited (“we”, “us” or “our” as appropriate) and you (“the Client”). These terms are deemed to be accepted by the Client by virtue of your written or electronic signature, electronic acceptance through e-mail, or by the placing of any order via website, phone or e-mail.
2.2 We reserve the right to vary these Terms and Conditions as required and will aim to give you reasonable notice in advance of implementing any such changes by contacting you via post and/or e-mail and posting the revised terms and conditions on our website, indicating the effective date that such updated terms and conditions will come into force. These terms will be deemed accepted by you if you continue to use our services beyond the effective date.
3. COMMENCEMENT OF SERVICES
3.1 We will not commence the provision of services pursuant to any placed order until we receive confirmation by the Customer by way of this Confirmation of Advertising form signature as well as any necessary purchase order numbers, and in the case of Customers who purchase services on terms that require pre-payment, services will not commence until payment is received and cleared.
4. DESCRIPTION OF SERVICE
4.1 On receipt of a vacancy, a member of the Hiring Wizard Limited team will contact you by phone or e-mail to confirm the pertinent details of the job to be advertised, including salary, job title and location, as well as the application process (see 4.5).
4.2 As part of Hiring Wizard’s commitment to delivering the best possible results, we will create an optimised advert copy based on the job description or advert that you send to us. We will send this to you for your approval prior to posting.
4.3 Hiring Wizard Limited will advertise your vacancy simultaneously across a range of job boards, as pre-agreed with you, in order to attract relevant applications for your vacancy. For existing customers, when the approved advert copy is received before 3pm on any working day (Monday – Friday) Hiring Wizard Limited guarantee that the advert is live on the same day. For new customers, we require up to 24 hours to ensure set up of your account with the respective job boards, which can delay posting of your first advert(s).
4.5 You will be assigned an account manager within the Hiring Wizard Limited client services team who will be your designated point of contact. Your account manager will create and post your adverts, making any amendments as required (see 3.6). Your account manager will also monitor the performance of your advert and advise possible improvements, alternatives and additional services to achieve the desired results.
4.6 Hiring Wizard Limited are able to tailor the application process in a number of ways to suit the requirements of the client. Applications to these adverts can be sent directly to your inbox, via an e-mail address of your choice. Alternatively, the client can use Hiring Wizard Limited’s applicant tracking system to manage applicants online (comprehensive, free training is provided for this system).
4.7 If the Client requires the completion of an offline application form, Hiring Wizard Limited provide a facility to e-mail candidates the necessary forms. Alternatively, candidates can be automatically re-directed from the advert on the job boards to the clients ATS or careers page to complete any necessary online application forms.
4.8. Amendments to live adverts can be requested by contacting your account manager. Multiple or significant changes to either the job title, location or advert text will not be permitted and may incur a £50 amendment fee or additional posting charge which is solely at the discretion of Hiring Wizard Limited
4.9 In exceptional circumstances, Hiring Wizard Limited may need to remove or amend one or more of the job boards within your pre-agreed package. In such circumstances, Hiring Wizard Limited will notify you immediately and will endeavour to provide a relevant, replacement job board of equal or greater value.
4.10 Hiring Wizard can not provide any guarantees that the individuals that respond to your job advertisements will be suitable for the position advertised. Hiring Wizard do not offer any guarantees of response to your advertisement.
5. PENALTIES FOR LATE PAYMENT & SURCHARGES
5.1 Hiring Wizard Limited will invoice you within one working day upon receipt of a vacancy. This invoice becomes payable in full within 14 days from the date of invoice, unless otherwise agreed. The agreed advertising fee is payable in full and is not subject to change or negotiation should you end the advert before the end of the 30 days, or if you fail to hire from the campaign.
5.2 While we endeavour to avoid any and all surcharges, you accept our reserved statutory right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002, if we are not paid according to pre-agreed credit terms.
5.3 Any discounts to fees are based on the proviso that invoices are paid to pre-agreed credit terms. Hiring Wizard Limited reserves the right to remove any discounts should there be a failure, after notice, to adhere to agreed credit terms.
6. EMPLOYMENT BUSINESS REGULATIONS (2003)
6.1 Hiring Wizard Limited is a recruitment resourcing & job advertising service, not an employment agency. As such, Hiring Wizard Limited operates outside the Employment Business Regulations 2003. By using the services of Hiring Wizard Limited, you agree that we have no liability when ensuring a candidate is suitable for hire.
6.2 You acknowledge it is your sole responsibility to take such action as you deem necessary to ensure a candidate’s suitability for engagement. This includes checking references, obtaining work permits, arranging medical examinations or ensuring permissions / qualifications as required by the law of the country in which the candidate will be employed.
6.3 You agree that Hiring Wizard Limited shall have no liability in respect of the acts or omissions of any candidate and that you are solely responsible for the selection of candidates and the offering of engagements.
7. DATA
7.1 All candidate data referred to you through Hiring Wizard Limited has been provided to us by the candidate via their application to vacancies advertised on job boards which they are registered. The data provided by the candidate is deemed to be up to date and accurate and Hiring Wizard Limited provide no warranty as to the accuracy or completeness of such candidate data.
7.2 By using the services of Hiring Wizard Limited, you agree to use candidate data for the sole purpose of finding and selecting individuals to fill your own job vacancies and for no other purpose whatsoever.
7.3 You acknowledge that you are responsible for ensuring your compliance with the Data Protection Act 1998. In particular, you shall ensure that the employment of appropriate operational and technical measures to protect the security and confidentiality of such personal data.
7.4 It is a condition of Hiring Wizard Limited that you will not supply, sell or license candidate data (or any copies thereof) to any other person or affiliate. You agree not to contact a candidate, make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for your own job vacancies.
7.5 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 Sex Discrimination Act 1975, the Race Relations Act 1976, The Employment Equality (Age) Regulations 2006 and The Disability Discrimination Act 1995
7.6 By using our services, you hereby agree to indemnify Hiring Wizard Limited against any loss or damage, howsoever occurring, sustained by Hiring Wizard Limited as a result of any breach by you.
8. LIABILITY
8.1 You are responsible for the content of the job description, person specification and supporting text and will indemnify Hiring Wizard Limited against any claim, loss, liability, expense and/or damage (“Losses”) in connection therewith.
8.2 Hiring Wizard Limited shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) that may be suffered or incurred by you:
8.3 For the avoidance of doubt, nothing in these Terms seeks to limit or exclude Hiring Wizard Limited’s liability for (i) fraud or other criminal act, (ii) personal injury or death caused by the negligence of Hiring Wizard Limited employees in connection with the performance of their duties hereunder or by defects in any service supplied pursuant to this Agreement, or (iii) any other liability that cannot be excluded by law.
8.4 Hiring Wizard Limited reserves the right in its sole and absolute discretion to refuse to register a vacancy or withdraw a vacancy at any time any vacancy that Hiring Wizard Limited considers to be illegal, inappropriate and / or fraudulent or those which directly or indirectly require or ask for application or registration fees.
9. VAT
9.1 All fees are exclusive of Value Added Tax (VAT). VAT will be charged at the applicable rate.
