In these Terms and Conditions the following words and expressions shall have the following meanings:
“Applicant” means a person introduced as a result of their reply to the Job Post;
“Client” means any person, firm or corporate body who has agreed to these terms and conditions to place a Job Post on the Site or who agrees to these Terms and Conditions;
“Fee” means the respective fees payable by the Client for a Job Post set out at 4 below;
“Job Post” means a posting on the Site for a position being advertised by the Client;
“Period” means the period of 3 months following a Job Post;
“Site” means www.smilewisdom.co.uk.
Where the context admits, or requires the singular shall include the plural and the masculine shall include the feminine.
3. Client Obligations
The Client agrees with the Company as follows:
- a) to use any information or personal data provided by the Company solely for the purpose of assessing an Applicant for the position set out in the Job Post;
- b) to pay to the Company the Fee;
- c)to delete any information or personal data provided by the Company within the Period unless authorized to retain it specifically by an Applicant.
- d) not to provide any information or personal data shared by the Company to any third party;
- e) the Company may use the Client’s logo(s) and name for the purposes of a Job Post, the purposes of the Site and to confirm the Client is a client of the Company;
- g) not to use any data from the Site or provided by the Company for any purpose other than as it is intended or to export any data out of the Site other than that provided by the Company for the purposes of an application.
IMPORTANT NOTE: Use of personal data other than as provided for on the Site is a use other than for its permitted purpose and will breach the General Data Protection Regulations which the Company shall be obliged to notify to the Information Commissioners Office as part of our data protection processes.
The fee payable by the Client to the Company in respect of a Job Post shall be as specified on the job site www.smilewisdom.co.uk/find-staff. The fee shall be payable regardless of the outcome of any Job Post including whether an Applicant is suitable or not.
The benefit of information or personal data provided by the Company and access to the Site shall not be capable of assignment by a Client and, if a Client passes the benefit to any other party, the Client will be charged a fee in accordance with the Company’s rates for a CV search.
6. Company Obligations
The Company shall
(a) post the details of the Job Post on the Site for the time period agreed by and in the standard format determined by the Company from time to time;
(b) provide details of any Applicant replying to the Job Post who has consented to their details being shared with the Client.
The Company is not responsible for accuracy of any of the information or personal data provided by an Applicant and the Client shall be responsible for confirming any information and:
- a) obtaining references (including the confirmation of any professional or academic qualification), work permits or security clearances for an Applicant; and
- b) any health, fitness or other tests required by the Client; and
- c) verifying the accuracy and bona fides of any qualifications, career history or right to work of an Applicant.
- a) The Company to the fullest extent permitted by law shall not be liable to the Client for any loss, liability, damage, costs, claims or expense suffered or incurred by the Client arising from or connected with the use of the Site or the recruitment or Engagement of any Applicant, however arising; and
b) subject to the other provisions of these Terms and Conditions, the Company shall endeavour to maintain a high standard of service and integrity, but the Company to the fullest extent permitted by law makes no warranty, representation expressed or implied as to the suitability of any Applicant introduced to the Client or the bona fides of any experience, following or contacts which the Applicant is held out as having. The Client must rely on its own enquiry in in all respects with regard to any Applicant introduced to it.
9. General Terms
9.1 – The Client shall act in good faith towards the Company at all times. The Client shall not use any details obtained from the Site otherwise than for the purposes intended and shall comply at all times with the provisions of the Data Protection legislation. The Client is authorised only to use Applicant details for the purposes of approaching the Applicant for an interview or for the purposes of a potential engagement.
9.2 – The Client agrees that the Company may suffer significant damages if it does not adhere to these Terms and Conditions.
9.3 – Save as otherwise expressly provided, all monies due hereunder shall be paid by the Client within 14 days of the relevant invoice date. Interest will be payable on overdue sums in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 or at a rate of 4% over the base rate of the Bank of England applicable at the date of the invoice, whichever is the higher.
9.5 – The Company trade only under these Terms and Conditions, which can be varied only in writing by a Director of the Company. No other agent and no employee of the Company has any authority to alter, vary or qualify these Terms and Conditions in any way. No other terms or conditions whether express or implied form any part of the agreement between the parties.
9.6 – All amounts payable under these Terms and Conditions are exclusive of VAT which shall be charged at the applicable rate.
9.7 – The Client agrees and acknowledges that any communications made on and via the Site may be monitored by the Company. The Company shall have no liability for any communications made on or via the Site and the Client shall indemnify the Company for any claims made as a result of communications made by them.
9.8 – If any of these Terms and Conditions are found by any court or body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Terms and Conditions which shall remain in full force and effect. If any Terms and Conditions are so found to be invalid or unenforceable but would be valid or enforceable if some part of the Terms and Conditions were deleted, the Terms and Conditions in question shall apply with such modification(s) as may be necessary to make them valid and enforceable.
9.9 – These Terms and Conditions shall be governed and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.