1 INFORMATION ABOUT US
www.grad-central.co.uk is operated by Grad Central Limited (“we” “our” or “us”). We are registered in England and Wales under company number 06758423 with our registered office at 3 The Court Yard, Roman Way, Coleshill, Warwickshire B46 1HQ.
The following definitions shall apply in these Terms:
“Candidate” a person interested in a Role advertised by you through our site whose CV is submitted to you via our site.
“Fee” the fee payable by you for an advertising package which entitles you to advertise a Role on our site. The Fee is dependent upon the type of advertising package selected by you.
“our site” our website www.grad-central.co.uk
“Role” a vacancy, role or position specified by you, as advertised on our site.
“Services” the services that we provide to you, as set out in clause 5.
“Terms” these terms and conditions.
“you” and “your” the company firm or organisation who has set up an account with us in order to use the Services.
3 APPLICATION OF THESE TERMS
3.2 No variation to these Terms shall be valid unless approved in writing by us.
4 OUR STATUS
For the purpose of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended, re-enacted or replaced from time to time (“the Regulations”), we act in the capacity of an employment agency where we submit CVs to you via our recruitment managed services or otherwise discuss with you Candidates we think you may be interested in, but not where we are providing job board services to you, where we have no influence or control over the candidates that apply to your advertised jobs. We, where relevant, and you agree to act in accordance with the Regulations.
5.1 Subject to these Terms and in consideration of the payment of the Fee, we shall:
5.1.1 advertise a Role on our site in accordance with the type of advertising package selected by you
5.1.2 facilitate through our site by the interested candidates the submission of CVs for the Role;
5.1.3 draw your attention to candidates that you may be interested in
5.2 You acknowledge that we accept no responsibility for the content of any CV. Responsibility rests entirely with the Candidate.
5.3 We do not give any guarantee:
5.3.1 as to the suitability of any candidate for a Role;
5.3.2 that you will fill your vacancy by advertising with us; or
5.3.3 that you will receive any CVs from Candidates or expressions of interest.
5.4 We reserve the right to submit any CVs to other employers or to approach candidates ourselves to discuss other opportunities with them, whether or not those opportunities appear on our site.
6 YOUR OBLIGATIONS
6.1 You will provide us with those details of the Role you require to be placed on our site in accordance with the Fee payable by you.
6.2 You will ensure that any advert submitted by you complies with all applicable laws and you undertake that you will comply with the guidance set out from time to time at www.equalityhumanrights.com/advice-and-guidance/information-for-employers/areas-of-responsibility/recruitment-and-job-advertisements/
6.3 You undertake not to submit for inclusion in any advert in connection with a Role any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect us or our reputation.
6.4 By submitting details of the Role to us, you authorise us to put those details on our site. It is your sole responsibility to ensure that such details are complete, accurate and up to date and that they comply with your obligations under these Terms.
6.5 You will be responsible for checking the identity of any Candidate and the suitability of such Candidate for any Role as we do not carry out checks or, save where we draw your attention to a particular Candidate, vet the Candidates.
6.6 Any and all subsequent dealings between you and the Candidate are your responsibility and we accept no liability in connection therewith.
7.1 We reserve the right to increase the Fee from time to time but any such increase shall not have retrospective effect.
7.2 Payment may be made online via Worldpay at www.rbsworldpay.com in accordance with the Worldpay terms and conditions.
8.1 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 your use of our site. For the avoidance of doubt, we do not exclude liability for death or personal injury arising from our own negligence or for any other liability that cannot be excluded by law.
8.2 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or negligent performance or non-performance by you of your obligations under these Terms;
9.1 We reserve the right not to upload or subsequently to remove any details in connection with a Role which in our view do not comply with these Terms or are otherwise contrary to our best interests.
9.2 We reserve the right in our sole and absolute discretion to close your account at any time where:
9.2.1 you have not provided full or accurate contact or company information;
9.2.2 we consider you to be acting inappropriately or illegally;
9.2.3 you use our site to advertise websites, services, businesses and/or business opportunities in any part of the Role vacancy;
9.2.4 you do not pay the Fee in accordance with these terms.
10 CONFIDENTALITY AND DATA PROTECTION
10.1 Each party shall, during the term of this agreement and thereafter, keep confidential all, and shall not use for its own purposes nor without the prior written consent of the other disclose to any third party any, information of a confidential nature (including, without limitation, trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other party unless such information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of these Terms, or subsequently comes lawfully into the possession of such party from a third party.
10.2 You acknowledge that pursuant to this agreement you will from time to time receive personal data regarding one or more Candidates (the “Personal Data”), and undertake to:
10.2.1 comply with the provisions of the Data Protection Act 1998 (as may be revised amended or superseded from time to time) with respect to the processing of such Personal Data; and
10.2.2 at all times comply with the provisions of the Seventh Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 and, in so doing, implement appropriate technical and organisational measures to protect the Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure; and
10.2.3 not publish, disclose or divulge any Personal Data to any third party or transfer Personal Data outside the European Economic Area unless permitted to do so in writing by Us.
11.1 Neither party shall be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control.
11.2 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
11.3 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
11.4 The contract between us pursuant to these Terms is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract or deal in any other manner with any of its rights and obligations under these Terms without the prior written consent of the other party.
11.5 The contract between us pursuant to these Terms cancels and replaces all previous agreements between us.
11.6 These Terms and any document referenced in them sets out the entire terms and conditions between us and we each agree that we do not rely on any other oral or written representation that is not set out or referred to in these Terms.
11.7 Unless stated in these Terms, no third party will have any legal or other right to enforce any term of them.
11.8 If we delay in exercising any of our rights under these Terms, that delay will amount to a waiver of those rights.
11.9 Any notice under these Terms must be in writing and may be hand delivered or sent by first class post to the address of the other party shown at the beginning of this agreement (unless otherwise notified in writing). If you have general queries these may be addressed to firstname.lastname@example.org.
11.10 These Terms are governed by the law of England & Wales and is subject to the exclusive jurisdiction of the Courts of England & Wales.