My Recruitment Space Terms and Conditions

This is the MyRecruitmentSpace.com Website. These are the Terms and Conditions which regulate your use of the Website and the services on it. This Website is owned and operated by My Recruitment Space Ltd, a company incorporated and registered in England and Wales under the Companies Acts (Company Number 06763355) which has its registered office at 227A West Street, Fareham, Hampshire, PO16 0HZ, United Kingdom, and which trades as MyRec (“My Recruitment Space”, “we”, “us” and “our”). When we refer to "you" and “your” we mean the person, firm, company or organisation browsing and/or using the website and the services available on it (the ‘User’).

The Website operates as a venue only. This venue provides a facility for Employers to advertise Job Vacancies on the Website, Referrers to notify people from their personal and business networks to apply for these Job Vacancies, and Job Seekers to browse the Website for Job Vacancies to submit their details to Employers. We do not directly introduce or supply Candidates to companies for the purposes of employment.

Please read these Terms and Conditions carefully before using the Website. Each time you use or browse the Website and its related services, you accept these Terms and Conditions and any additional Terms and Conditions which apply to services and information provided by third parties. If you do not agree to be bound by the Terms and Conditions you are not permitted to use the Website.

We reserve the right to change the Terms and Conditions at any time. Any changes will be reflected in the text of the Terms and Conditions and published on this web page. You should check the Terms and Conditions from time to time as the most current version will be binding on you.

General
Employers
Referrers
Candidates

Definitions

‘Act’ means The Employment Agencies Act 2003,

‘Advertising Fees’ the fees payable by the Employer to MyRec (plus VAT where applicable), for Job Vacancies that you advertise upon our Website, charged according to the advertisement fee packages found here,

‘Advertisement’ means a Job Vacancy that is uploaded to the Website,

‘Agency’ means an employment agency as defined in the Act,

‘Candidate’ means a person who receives a Referral Invitation via MyRec and applies to a Job Vacancy on the Website by clicking the Referral Application link in the email,

‘CV’ means curriculum vitae,

‘Dashboard’ is the step-by-step display panel through which Referrers can view the status of their Referred Candidates and Job Seekers can view the status of their direct applications,

‘Direct Application’ means that a Job Seeker registers on the Website and submits their CV via the Website to a Job Vacancy in order to being employed or engaged by the Employer,

‘Engagement’ means any engagement or employment of the Candidate or Job Seeker by the Employer,

‘Employer’ means a person, firm or organisation, which includes all subsidiaries, joint venture partners or associated bodies of such a person, firm or organisation, that posts details of a Job Vacancy on the Website, or employs or engages a Candidate or Job Seeker,

‘Employment’ means any engagement or employment of the Candidate or Job Seeker by the Employer,

‘Fee’ means any Referral Fee, Advertisement Fee, Reward or other fee due to us,

‘Force Majeure’ means any cause beyond our reasonable control including strikes, lock-outs, labour disputes, acts of God, war, riot, civil commotion, malicious damage, terrorism, interruptions in electricity or power supply, computer viruses or bugs, third party computer infiltrations or attacks by hackers, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood or storm,

‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights to goodwill or to sue for passing off or unfair competition, rights in registered and unregistered designs, rights in computer software (including source and object code and algorithms), database rights, rights in confidential information (including, without limitation, know-how and trade secrets, processes and other procedures) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or may subsist now or in the future in any part of the world,

‘Introduction’ means the act of a Referrer sending an email through the Website with a Job Vacancy to a potential Candidate, with a view to that Candidate applying to the Job Vacancy via the Referral Invitation,

‘Job Seeker’ means a person who registers on the Website and makes a Direct Application to a Job Vacancy on the Website, or a person who receives a Referral Invitation via MyRec but chooses to apply direct via the Direct Application link in the email,

‘Job Vacancy’ means an employment specification for a Position, which is uploaded by an Employer to the Website,

‘Placement’ refers to the employment or engagement of a Candidate or Job Seeker by an Employer following a Direct Application or Referral Application through the Website,

‘Position’ refers to the proposition or act of employment or engagement with an Employer on a temporary, contract, permanent, full time or part-time basis,

‘Rebate’ means the period of time during which an Employer is entitled to a refund of the Referral Fee,

‘Referral’ means the process of notifying a Candidate or potential Candidate of a Job Vacancy listed on the Website,

‘Referral Application’ is where a Candidate or potential Candidate, accepts a Referral Invitation by clicking on the link in the email and submits their CV via the Website to an Employer in order to be employed or engaged by the Employer,

'Referral Fee' means the fee payable by the Employer to MyRec (plus VAT where applicable), calculated according to the Salary Bands found here,

‘Referral Invitation’ is the notification of a Job Vacancy that a Referrer emails through the Website to a Candidate or potential Candidate,

‘Referrer’ is a person who notifies a Candidate or potential Candidate of a Job Vacancy listed on the Website, via an email through the Website,

‘Remuneration’ is the sic base salary payable to the Candidate in respect of the Engagement calculated on an annualised basis.

‘Reward’ is the Referral Payment, a financial sum, due to a Referrer when their Candidate clicks on the Referral Application link in the email and consequently accepts an offer resulting in a Placement,

‘Salary Bands’ are the grouped gross base salaries upon which the fixed Referral and Reward Fees have been calculated and can be found here,

‘Start Date’ means the day on which the Candidate commences work with the Employer,

‘Tax’ means all forms of taxation and statutory, governmental, state, federal, provincial, local, government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction; and any penalty, fine, surcharge, interest, charges or costs relating thereto,

‘User’ is any person who uses or browses the Website and its related services,

‘Website’ means the website www.myrecruitmentspace.com.

General

This part applies to all Users and sets out the terms relating to information on the Website and how you use the Website and the Services. In addition, this part sets out the general terms relating to our relationship with you.

In these Terms and Conditions:

each clause and each portion thereof, whether defined by numbering or punctuation, is distinct and severable, and to give effect to the common intention of you and us, the court may sever any part of the Terms and Condition, and the remaining part will have continuing effect;

the headings are provided for convenience only and do not affect the interpretation of any clause in the Term and Conditions;

the use of masculine terms shall include the feminine, and the singular shall include the plural, and visa versa;

the Contracts (Rights of Third Parties) Act 1999 specifically does apply to these Terms and Conditions for the benefit of the Referrer and the Employer;

a reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts;

a reference to a statute or statutory provision shall include any subordinate legislation made from time to time under that statute or statutory provision;

a reference to ‘writing’ or ‘written’ shall include e-mail;

any phrase introduced by the terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1. Access

1.1 You undertake to use the Website and/or Services at all times in accordance with these Terms and Conditions.

1.2 You are responsible for making all arrangements necessary for access to the Website. You are also responsible for ensuring that any person who accesses our Website through your internet connection is aware of these Terms and Conditions and that they comply with them.

1.3 You must choose a password for your User's account on completion of registration. You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times. You are responsible for preventing unauthorised persons from using your password and all other details. You are responsible for all use of your account using your password and shall only use the Website using your own login details and password. You must use every effort to keep your password safe and should not disclose it or permit it to be used by any other person. Please contact us immediately if you suspect that the security of your account is at risk.

1.4 From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users who have registered with us.

1.5 We do our best to ensure that the Website operates properly at all times, but we make no warranties as to the availability or accessibility of the Website and we reserve the right to alter any part of the Website at any time and to suspend or withdraw the Website at any time and for any reason. Save as otherwise set out in these Terms and Conditions we shall not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website and any event beyond our reasonable control.

2. Links

2.1 Any link (be it a hypertext link or other referral device) to any content of any other website (‘3rd Party Website’) accessed through the Website is provided solely for the use and convenience of the User. We do not endorse or approve the content of any 3rd Party Website. We are not responsible for the content of any 3rd Party Website nor will we have any liability in connection with any 3rd Party Website (including, but not limited to, liability arising out of any allegation that the content of any 3rd Party Website infringes any law or the rights of any person or entity).

2.2 You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in any way that suggests any form of association, approval or endorsement on our part where none exists.

2.3 The Website must not be framed on any other website and you must not create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respect with the use provisions of these Terms and Conditions.

3. Intellectual Property Rights

3.1 All Intellectual Property Rights and goodwill in or relating to the content of the Website and all the material on it belong to either us or our licensors. Nothing contained in these Terms and Conditions or the Website should be construed as granting by implication or otherwise, any licence or right to use such Intellectual Property Rights except as otherwise provided below.

3.2 You may download the Website to your computer and print or copy extracts from the Website for your personal use only. You may not otherwise publish, copy, distribute, modify, transmit or reproduce in any form (whether in hard copy, electronic or otherwise) the information and materials on the Website without our express permission in writing, nor use the information and materials on the Website for any commercial purpose. No part of the content of the Website may be incorporated into or stored in any other website or other work in any form.

3.3 Notwithstanding the above, caching of the Website is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.

4. User Requirements

4.1 By registering to use the Website you warrant that you are 18 years of age or older.

4.2 You agree not to do any of the following:

4.2.1 defame, abuse, harass, threaten or otherwise violate or infringe the rights of any person or entity (including, but not limited to, any Intellectual Property Rights privacy rights) whilst using the Website;

4.2.2 use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;

4.2.3 use the Website (or any part thereof) in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website or its data is in any way impaired or corrupted;

4.2.4 impersonate any person or entity nor attempt any unauthorised access to any part or component of the Website;

4.2.5 You agree not to submit, try to submit, or encourage any third party to submit, unacceptable materials onto the Website, including:

4.2.6 any advertisement which discriminates, whether directly or indirectly, upon any unlawful grounds;

4.2.7 any materials that are placed upon the Website which you have not made adequate efforts to ensure are accurate, or which are misleading, abusive, offensive, pornographic, immoral, infringing of legal obligations, or intended to harm the reputation of our business or the Website; or

4.2.8 any data, programme, or other device, which contains viruses, trojan horses, worms, logic bombs or any other such harmful implements intended to cause damage to or interfere with the Website or intended to obtain personal information or data;.

4.2.9 You agree not to attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; nor

4.2.10 gain, or attempt to gain, unauthorised access to the Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via denial of service or a distributed denial of service attack.;

4.2.11 You agree that in the event that you have any right, claim or action against any other User arising out of that User's use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us.

5. Termination and Breach of these Terms and Conditions

5.1 Without limiting our other remedies, we reserve the right to suspend or cancel your right to use the Website and/or the Services and/or login and/or password at any time and for any reason, including without limitation, where you are in breach of these Terms and Conditions or where we have reasonable grounds to believe that you have breached these Terms and Conditions or have abused the use of the Website or our Services.

6. Warranties and liability

6.1 Whilst we have prepared the content of the Website in good faith and with reasonable care and skill, we make no representation and give no warranty (express or implied) about any of the content of the Website (including, but not limited to, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content). Whilst we shall try to keep the material on the Website up to date, we shall not be liable to you or to any other party for any delays, errors or omissions in doing so.

6.2 We are not responsible for the content of Job Vacancy Advertisements posted on the Website. The details and description of the Vacancies advertised are supplied by those advertising the Job Vacancies (the ‘Employer’). We are not able to verify the accuracy of the content (including, but not limited to, any statements and descriptions) of the Job Vacancies advertised or other information provided by Employers. Any information in the advertisements or any information included on the Website is followed by you at your own risk and we do not warrant the accuracy of the content in any respect and we are not liable for any use or reliance you (or anyone who may be informed of its contents) make of or put on it.

6.3 Any information contained on the Website is general information only and nothing on the Website can be construed as advice on legal or employment issues. You should consult a suitably qualified lawyer if you have any specific legal questions or problems.

6.4 We are not responsible for the content of CVs and/or User submitted information posted on the Website. We have no obligation to screen communications or information in advance and are not responsible for screening or monitoring material posted by Users. We have no liability or responsibility to Users for performance or non-performance of such activities. We may take any action with respect to User submitted information that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our internet service providers or other suppliers.

6.5 To the extent that we are found to be liable to you in respect of the Website or the Services (whether arising from breach of contract, negligence, breach of any common law or statutory duty to take reasonable care or exercise reasonable skill, or otherwise) our entire liability to you shall, subject to clause 6.7 below, be limited in aggregate to the sum of £500.

6.6 We shall not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or any website linked to it.

6.7 We shall not be liable (whether arising from breach of contract, negligence or otherwise) for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use (whether through any software failure or technical malfunction of the Website), or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for any loss of profits, loss of income, loss of contracts, loss of data, loss of revenue, loss of anticipated savings, wasted management or office time, loss of business or goodwill, and whether or not we have been advised of the possibility of the loss or whether such loss is foreseeable.

6.8 Nothing within these Terms and Conditions operates so as to exclude, limit or restrict our liability for death or personal injury or for any other liability, the exclusion of which is expressly prohibited by statute.

7. Your liability

7.1 You hereby indemnify us and agree to keep us indemnified against any and all claims, damages, losses, liabilities and costs arising from and in connection with:

7.1.1 your use, misuse and/or abuse of the Website and/or Services;

7.1.2.your breach of these Terms and Conditions including, for the avoidance of doubt, any materials you submit to the Website or encourage any third parties to submit.

8. Data Protection

8.1 All personal data collected from you on or through the Website will be processed in accordance with our Privacy Policy.

9. General

9.1 In order to use and benefit from the Services, you must provide us with correct and up to date details. You warrant to us that the details you provide on registration are correct.

9.2 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and that provision shall not affect the validity and enforceability of any remaining provisions.

9.3 All notices which we need to give to you under these Terms and Conditions will be sent by us to your registered e-mail address.

9.4 No failure or delay by us in exercising our rights under these Terms and Conditions will be deemed to be a waiver of that right, and no waiver by us of any breach will be considered as a waiver of any subsequent breach.

9.5 All rights not expressly granted in these Terms and Conditions are reserved to My Recruitment Space.

9.6 These Terms and Conditions together with the Privacy Policy (and any other conditions specifically agreed between us to apply) set out the entire agreement between you and us in respect of the use of the Website and the Services. They supersede any previous agreement or understanding in relation to the subject matter hereof. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Website.

9.7 We make no claims that the content of the Website may be lawfully viewed or downloaded outside of the United Kingdom. Access to the content of the Website may not be legal to certain persons or in certain countries. If you access the Website from outside the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you list your place of residence, when registering to use the Website, as being in the United Kingdom then you are representing to us that you are a resident of the United Kingdom and we will and are entitled to rely on this representation for the purposes of providing you with the Services and permitting you to use the Website.

9.8 Any delay in or failure by us to perform any obligation under these Terms and Conditions shall not constitute a breach of such obligation if and to the extent that such delay or failure is caused by Force Majeure. If our obligation(s) cannot be performed on time or at all as a direct result of Force Majeure we shall use all reasonable endeavours to minimise the effect of the Force Majeure.

9.9 These Terms and Conditions shall be governed by, and construed in accordance with, the laws of England and Wales and both My Recruitment Space and you submit to the exclusive jurisdiction of the English courts.

Employers

This part refers to the Employer’s part in the Referral process and the posting of Job Vacancies on the Website. ‘You’ are the Employer and are contracting directly with the Referrer, the Candidate, and the Job Seeker. In all cases you will also be contracting directly with MyRec in this part and agree to our Terms and Conditions including commitment to the payment of the agreed Fees.

You agree that to ensure the MyRec business model works fairly for Candidates, Job Seekers, Referrers and Employers, you will inform us by using the Contact Us page if you become aware of an attempt by any party to make use of our Website whilst avoiding, in whole or part, the Referral Fee or the Reward Fee.

10. Job Vacancies

10.1 You may use this Website to post Job Vacancy Advertisements in order to secure the services of Referrers, Candidates and Job Seekers. You can place as many Job Vacancy Advertisements as you wish.

10.2 In order to use the Website to post a Job Vacancy, you must register with an email address. This must be a personal email address as this will be your personal account. When you come to post Job Vacancy Advertisements, you will be required to enter a personal work or personal company email address in order to receive CVs and Candidate related details. You acknowledge that you are bound by our Terms of Business regardless of the email address used.

10.3 You will also be required to enter a password. You agree that you will endeavour to make sure this password remains confidential between you and us and will notify us without delay should the security of your password be compromised so that we may take appropriate action. Once you have submitted your details, an e-mail will be sent to you in order that you may activate your account.

10.4 You consent to provide full, accurate and concise information pertaining to a Job Vacancy Advertisement on the Website in order to provide Referrers, Candidates and Job Seekers with the full details regarding the Job Vacancy. It is also your legal responsibility to ensure that your job description does not discriminate directly or indirectly against a job seeker.

10.5 You agree that we may refuse to advertise any Job Vacancy at our sole discretion, if we consider that the Advertisement could put any person in conflict with their legal obligations, or if we believe that the Advertisement is immoral, distasteful, discriminatory or potentially injurious to any person.

10.6 You undertake not to place any contact details, including telephone numbers and email addresses, or any link, be it a hypertext link or other referral device, on the Job Vacancy Advertisement and that you will not solicit direct contact with the Candidate or Job Seeker through the Job Vacancy Advertisement, or via external sources.

10.7 You acknowledge that any Candidate that has accepted a Referral Application in order to apply to a Job Vacancy via MyRec has agreed to be represented via MyRec whether or not you knew of or were aware of the Candidate or visa versa. For the avoidance of doubt, if a Candidate is engaged or employed by you, the Employer, following a Referral Application through MyRec, within 6 months of the Introduction or last interview, then a Referral Fee shall be payable in respect of each Candidate at the date of notification (or discovery by MyRec if not notified).

10.8 You agree to conduct all communications with the Candidate or Job Seeker through the Website until MyRec discloses their details via the Website in order to arrange an interview.

10.9 You undertake to enter, for each Job Vacancy Advertisement, the correct Salary Band consistent with the correct Remuneration of each Job Vacancy. The Salary Band corresponds to a fixed Referral Fee which will be due on the successful Placement of a Referred Candidate. This in turn corresponds to the Reward Fee that will be paid to the Referrer. It is your responsibility to ensure that the Remuneration is appropriate to the level of Candidate you require and that the correct Salary Band is chosen. If the correct Salary Band is not chosen, we reserve the right to change the Salary Band accordingly.

10.10 Upon selecting the required Salary Band when creating a Job Vacancy Advertisement, the Website will generate a preview of the Referral Fee which will be due on the successful Placement of a Referred Candidate. By proceeding to the next stage and approving the preview of the Job Vacancy Advertisement you are committing to the payment of those Fees and shall be obligated to make such payments upon a successful Placement in accordance with these Terms and Conditions.

10.11 When posting a Job Vacancy Advertisement, the payment will be made by debit or credit card using Sage Pay's secure transaction environment which is responsible for ensuring the security of the data. You acknowledge that we are not liable for any neglect on behalf of the third party service. Please visit Sage Pay’s web site for more information.

10.12 You agree that you will bear sole responsibility for any banking charges. You will ensure that we receive the full Advertising Fees and that you will not cause there to be any reduction in the Fess due to us by virtue of any charges which may be incurred in the course of making such a payment to us.

10.13 Upon offering a successful Candidate, the final agreed Remuneration may be higher than the original Salary Band chosen on the Job Vacancy Advertisement. In such cases, the newly appropriate Salary Band will be applied and the corresponding increased Referral Fee will be due. If the final agreed Remuneration is lower than the original Salary Band chosen on the Job Vacancy Advertisement, no changes will take place and the original Referral Fee and Reward will be due. If inconsistencies between the Salary Band chosen on the Job Vacancy Advertisement and the final Remuneration offered to successful Candidates continue to occur on a recurring basis then we reserve the right to suspend and/or cancel your account and your right to use the Website and its services without notice.

11. Referral Applications and Direct Applications

11.1 When a Candidate applies to the Job Vacancy posted on the Website as a result of a Referral Application or a Direct Application, or when a Job Seeker applies to the Job Vacancy posted on the Website as a Direct Application, you will receive an email from MyRec informing you of the application. On receiving the email you will be invited to click on a link which will take you to the Website upon which you will need to log in or sign up using your personal email address and password. From here you will be able to view the CV and details of the Candidate.

11.2 We give no warranties nor make any representations as to the likelihood that our Services will result in a suitable Candidate being identified for employment or engagement with you. You accept that we give no warranties and make no representations (expressed or implied) in respect of services or materials supplied, including any CVs accessed through the Website, or any Candidate or Job Seeker introduced through the Website by a Referral Application or by a Direct Application. You agree that you are solely responsible for ensuring that any Candidate is suitable for your needs and requirements and that we have not in any way verified the suitability of a Candidate for any Position.

11.3 You acknowledge that Referrals or Introductions of Candidates made to you via the Website are Referrals or Introductions made solely by the Referrer and you acknowledge and agree that we have not taken, nor are we under any obligation to take, any steps to verify the relationship between the relevant Referrer and Candidate. Referrers remain anonymous throughout the Referral process and we will not reveal their identities to you.

11.4 MyRec, its associates, staff or agents can accept no liability whatsoever for any loss, damage, costs, claims (including third party claims) or expense suffered or incurred, howsoever caused, by you, the Employer, arising directly or indirectly or in any way connected with any Referral, Introduction or Application of any Candidate or Job Seeker, or from any act or submission on the part of a Referrer, Candidate or Job Seeker, even if such an act or submission is negligent, dishonest or fraudulent.

11.5 A Candidate or Job Seeker may only apply once for each Job Vacancy, whether this is by means of a Referral Application following a Referral by one or more Referrers, or a Direct Application by a Candidate following a Candidate’s rejection of a Referral, or a Direct Application by a Job Seeker. If for any reason a Candidate or Job Seeker applies more than once for a particular Job Vacancy then the Referral Application or Direct Application received by the Website first in time (which we shall verify from the Website’s data) shall prevail. We accept no liability whatsoever in relation to any instances where the Website permits multiple applications from or on behalf of a Candidate for the same Job Vacancy.

11.6 In the case of a referred Candidate, it is possible that more than one person may have referred the Candidate for the same Job Vacancy in which case the Candidate effectively decides which Referrer is eligible for a Reward by selecting the Referral Invitation email of their choice and clicking on the Referral Application link in that email. However, the Candidate may chose not to accept an Invitation and click on a Direct Application in which case no Reward or Referral Fee will be due.

11.7 Once you, the Employer, have reviewed the Candidate’s CV, you will be offered the opportunity to interview the Candidate and subsequently view their contact details. You may continue to communicate with the Candidate via telephone or email or any other means, including arranging further interviews and making offers of employment or engagement. However, if you reject the Candidate’s application, you will not receive their contact details and will not be authorised to interview or hire the Candidate outside of the MyRec Terms of Business.

11.8 For the avoidance of doubt, you acknowledge that whatever course of action you take including, but not limited to, interviewing and hiring, if the Candidate is engaged or employed by you following a Referral Application made through MyRec within 6 months of the Introduction then a Referral Fee shall be payable in respect of each Candidate at the date of notification (or discovery by MyRec if not notified).

12. Suitability and Confidentiality

12.1 The Employer is ultimately responsible for the taking up of formal references as to the Candidate or Job Seeker’s qualifications, capabilities, integrity, medical history and suitability to meet the job specification.

12.2 It is also the Employer’s responsibility to obtain a work permit for the Candidate or Job Seeker wherever necessary and to make any relevant checks for the purposes of immigration and related legislation. The Employer should be responsible for satisfying any other requirement or qualifications required by law or practice.

12.3 The application to your Job Vacancy by a Candidate or Job Seeker is made in total confidence. Under no circumstances should you make any approach to companies or individuals with whom the Candidate or Job Seeker has been employed or by whom the Candidate or Job Seeker is known without express permission from the Candidate or Job Seeker.

13. Offers and Fees

13.1 You agree that we are not an Agency and shall not act as an intermediary between you and the Candidate, Job Seeker or Referrer. You acknowledge and agree that we shall not enter into correspondence or discussions or negotiations with any of the aforementioned on your behalf. We shall not become involved in any dispute which may arise between a Candidate, Job Seeker or Referrer and you in respect of a Position including but not limited to, any dispute about the quality of work, hours of work or pay. If, however, you have legitimate concerns or complaints about a particular Candidate, Job Seeker or Referrer these can be directed to us using the contact details set out on our Contact Us page.

13.2 On receiving an acceptance by a Candidate or Job Seeker to an offer of employment or engagement, and upon agreeing a start date, you must confirm this on the Website by selecting ‘Candidate Was Hired’ from the profile against the relevant Candidate. Please note, once you have made this selection you will immediately be taken to the Start Date page and will not be able change the Candidate’s status back again. You will next be required to enter on the Website a Start Date which will appear on your invoice and will determine the payment date. Once this has been entered, an invoice will be generated and emailed to you with the Start Date from which the payment date will be calculated. Please note, proceeding without entering a Start Date will generate an invoice that becomes payable within 14 days of the date the invoice was generated by the system.

13.3 You acknowledge that it is your responsibility to ensure that the Start Date entered on the Website is accurate and that the information is entered in a timely manner. If we have reason to believe that it is not accurate, we reserve the right to adjust the Start Date accordingly. If we are informed by the Candidate or Referrer of a Start Date and employment or engagement that has not been entered onto the Website by you, we reserve the right to enter the correct details accordingly, upon which you will receive an invoice. If your use of the Website suggests abuse of the system when entering the Start Date, we reserve the right to investigate such circumstances and, in our absolute discretion, suspend and/or cancel your right to use the Website and/or the Services. In such circumstances the Referral Fee will become immediately due.

13.4 The Referral Fee payable for the successful Placement of a Referred Candidate will have been displayed during the placing of the Job Vacancy Advertisement according to the Salary Band that was chosen. If the final agreed Remuneration is higher than the original Salary Band chosen on the Job Vacancy Advertisement, then the newly appropriate Salary Band will be applied and the corresponding increased Referral Fee will be due. If the final agreed Remuneration is lower than the original Salary Band chosen on the Job Vacancy Advertisement, no changes will take place and the original Referral Fee and Reward will be due. Where applicable, Value Added Tax will be charged to the Referral Fees at the prevailing rate. If inconsistencies between the Salary Band chosen on the Job Vacancy Advertisement and the final Remuneration offered to successful Candidates continue to occur on a recurring basis then we reserve the right to suspend and/or cancel your account and your right to use the Website and its services without notice. All Fees will become due with immediate effect.

13.5 Where more than one Referred Candidate is hired per advertised Job Vacancy, a Referral Fee will be due in respect of each successful Referral Placement, whether or not the advertised Job Vacancy was for one position or for multiple positions.

13.6 Where a successful Referral Placement has been made, an invoice will be generated by the Website. The Employer agrees to pay all fees to MyRec within fourteen days of the Start Date stated on the invoice. If no Start Date was entered onto the Website, Fees will be payable within fourteen days of the date the invoice was generated by the system.

13.7 Upon payment by you of the invoice, MyRec will distribute the required amounts to the Referrer when the Reward becomes due.

13.8 You agree to pay our Referral Fee, without deduction, set off, or counterclaim. Failure to pay all Fees in full within the fourteen days from the invoice date or the Start Date stated on the invoice, may result in interest being charged on overdue amounts, calculated at a rate per annum which is 8% above The Bank of England Base Rate or such rate and any additional penalties as set out in the Late Payment of Commercial Debts (Interest) Act 1998 at 5.00pm on the day before the payment becomes overdue. Such interest will accrue on a daily basis until the date of actual payment of the overdue amount (including the accrued interest). In the event that you continue to withhold monies owed, we may be forced to take appropriate legal action against you to claim our MyRec Fees, and, where appropriate, Referrers may also take legal action against you to claim their Rewards.

13.9 You agree that you will bear sole responsibility for any banking charges. You will ensure that we receive the full Referral Fees and that you will not cause there to be any reduction in the Fess due to us by virtue of any charges which may be incurred in the course of making such a payment to us.

13.10 Should the Employment or Engagement of the Referred Candidate terminate within the first four weeks from the Start Date, you will be entitled to a full rebate of the Referral Fees paid by you provided that a) you are not in breech of any of the terms of the Contract, and b) that the termination of the Engagement was not due to redundancy or the transfer of the Candidate to an associate of the Employer, and c) that the parameters of the position into which the Candidate was employed are not altered from those given either verbally or in writing at any stage throughout the hiring process, and d) that the Employer informs MyRec in writing via the Contact Us page of the Website of the fact within four days of the termination, and e) that the full invoice value was paid within fourteen days in accordance with clause 13.5.

13.11 If we do not receive notice from you by the end of the fourth week that a Candidate who was offered and accepted a Position has ceased to be employed or engaged during this period of four weeks since Start Date, the Referral Fee will become non-refundable and MyRec will distribute the required Reward to the Referrer.

13.12 In the event that an offer of engagement has been accepted by the Candidate but the Employer decides, for any reason, not to proceed with the appointment, the Employer shall be liable for the full Placement fee

13.13 You agree to 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 claim made by a Candidate, Job Seeker or Referrer against us as a result of your failure to comply with these Terms and Conditions.

14. VAT

14.1 All amounts and Fees referred to in these Terms and Conditions are quoted exclusive of VAT. If any amounts or Fees are subject to VAT, the invoice issued for the relevant amount or Fee will include VAT at the applicable rate prevailing at the time the invoice is issued.

15. Provision of Information

15.1 We reserve the right to ask for information in relation to a successful Placement, including, without limitation, details of the final Remuneration agreed with the Candidate and any other monetary amounts which may be construed as part of the final Remuneration, and you undertake to provide us without delay with full, complete and accurate information in response to any such request.

Referrers

This part refers to the Referral Process. ‘You’ are the Referrer and are contracting directly with the Employer. In all cases you will also be bound by the Terms and Conditions set out in this part with MyRec.

16. Referring a person for a Job Vacancy

16.1 You may use this Website to refer a Candidate or Potential Candidate to a Job Vacancy posted on the Website. You can refer as many people as you wish.

16.2 In order to use the Website to refer a Candidate or Potential Candidate for a Job Vacancy, you must register with an email address and choose a password. Do not use a company or work email address as this will be your personal account. You agree that you will endeavour to make sure this password remains confidential between you and us and will notify us without delay should the security of your password be compromised so that we may take appropriate action. Once you have submitted your details, an e-mail will be sent to you in order that you may activate your account.

16.3 We will take measures to preserve your confidentiality and your anonymity with the Employer during the Referral process when using the Website .We will not be held responsible for any loss, whether direct or indirect, arising from the misuse of data or information relating to you by a third party according to our Privacy Policy. This clause is also subject to any legal obligations that we may have, or become subject to as outlined in our Privacy Policy.

16.4 Your details will be stored in a ‘Profile’, which you will be able to access using your registered email address and password. You are responsible for making sure that the information in your Profile is correct and up to date. If your details change, you agree to update your Profile as soon as is realistically possible.

16.1 Each time you refer a Candidate or a potential Candidate for a Job Vacancy, you will be asked to provide the Candidate's or potential Candidate’s first name, last name and e-mail address to us. MyRec will create a Referral Invitation email from this information which will be sent from the Website to the Candidate or the potential Candidate, confirming that you have referred them for a Job Vacancy posted on the Website.

16.5 When a Candidate or potential Candidate receives a Referral Invitation email via the Website, there will be links within the content of the email to the Website that can be clicked in order to view the Job Vacancy. One link in the email will be a Referral Application link. The other link in the email will be a Direct Application link. The Candidate can choose to a) accept the Referral Invitation by clicking on the Referral Application link or b) reject the Referral Invitation by clicking on the Direct Application link. You will receive an email from the Website informing you of the decision taken by the Candidate. For the avoidance of doubt, a Referral Application is deemed accepted only when a Candidate clicks on the Referral Application link in the email sent from the Website and applies for the Job Vacancy.

16.6 If more than one Referrer refers the same Candidate or potential Candidate for the same Job Vacancy, then the Candidate effectively decides which Referrer is eligible for a Reward by selecting the Referral Invitation email of their choice and clicking on the Referral Application link in that email. However, the Candidate may chose not to accept an Invitation and click on a Direct Application in which case no Reward will be due.

16.7 When the Candidate or potential Candidate clicks on either link within the content of the email, they will be taken to the Website and will able to view the Job Vacancy. If the Candidate or potential Candidate has accepted a Referral Invitation and clicks on the “Apply” button, the application will automatically be linked back to the Referrer. If the Candidate or potential Candidate has rejected the Referral Invitation, the application will not be linked back to the Referrer.

16.8 A Candidate or potential Candidate may only apply once for each Job Vacancy, whether via a Referral Application or via a Direct Application. If more than one application is made, then the first application to have been processed by the Website shall be the one deemed to prevail. We accept no liability in any instance where multiple applications have been made.

16.9 We give no warranties and make no representations with regards to Job Vacancies advertised by Employers, including, but not limited to, the quality of any Position. You acknowledge that we do not endorse or recommend the Employer nor do we give any warranties or make any representations about the Employer's business activities or any Position which is claimed to be offered. It is your responsibility to use common sense and exercise normal caution when encouraging arrangements for Candidates to visit or meet with Employers.

16.10 We shall not, and are under no obligation to, become involved in, or concern ourselves with, any dispute which may arise between a Referrer and/or a Candidate and/or an Employer in respect of a Job Vacancy including, but not limited to, any dispute about the quality of work, hours of work or pay. If, however, you have legitimate concerns or complaints about a particular Employer or its activities in connection with the Services and the Website, these can be directed to us using the contact details set out on our Contact Us page.

17. The Reward

17.1 You will be able to monitor the progress of your Referral via a ‘Dashboard’ which will change colour at each stage of the process according to the actions taken by the Employer. You understand that we are not responsible for the failure by an Employer to update the employment or engagement status of a Candidate on the Website, and thus are not responsible for your ‘Dashboard’ updating correctly and in a timely manner. If you have reason to believe that the Employer has not entered information when they should have done, please contact us on the Contact Us page.

17.2 If you make a Referral that results in the engagement or employment of your Candidate by an Employer, and that Candidate remains employed or engaged with the Employer for a period of four weeks from and including the Start Date, and provided the Employer has paid the Referral Fee, you will be eligible for a Reward four weeks after the Start Date of your Candidate.

17.3 The Reward to be allocated for the successful Placement of a Referred Candidate with an Employer is displayed on each Job Vacancy Advertisement on the Website. This Reward will have been determined at the time the Job Vacancy was posted by the Employer according to the Salary Band in which the Remuneration falls.

17.4 Each Reward is subject to a Rebate period during which time, the Employer is entitled to a refund of the Referral Fee in the event the Referred Candidate’s employment or engagement is terminated (subject to our Terms and Conditions in clause 13.9). If we do not receive notification from the Employer at the end of the Rebate period that the Candidate you referred has ceased to be employed or engaged during that period, the Referral Fee will become non-refundable and your Reward will become due.

17.5 The Reward due to you will be the Reward figure which is displayed on the Job Vacancy Advertisement regardless of the final Remuneration figure offered to the Candidate. We shall not be liable for any loss you may suffer as a result of any discrepancy between the final Remuneration accepted by the Candidate and the Reward figure. In cases where we obtain a higher Referral Fee from the Employer for the Placement of your referred Candidate, we may, at our discretion, increase the Reward accordingly.

17.6 Whilst the Employer is required to update your Candidates’ status on the Website, with their Start Date, it is your responsibility to maintain contact with your Candidates and to update us of your Candidates’ progress should the Employer fail to do so. Our knowledge of your Candidate’s Start Date relies upon accurate information provided to us by you or the Employer via the Website. We are not responsible for the failure by an Employer to update the employment or engagement status of a Candidate on the Website and therefore are not responsible for informing you of the recruitment of a Candidate you referred. If you have reason to believe that the Employer has entered an inaccurate Start Date or has not entered a Start Date when they should have done, please contact us on the Contact Us page.

17.7 When the Employer has paid the Referral Fee and the Rebate period is successfully concluded thus rendering the Referral Fee non-refundable, we will notify you via email that you are to invoice us for the Reward amount that is relevant to that Placement. This amount is quoted on the Vacancy Advertisement and in the email correspondence you will receive from us. Invoices must be emailed to accounts@myrecruitmentspace.com. Your invoice must contain your name, address and contact details, the Candidate’s name, the job reference and the Reward amount. If we do not receive an invoice from you within six months of receipt of the email from us, we will be under no obligation to pay you the Reward.

17.8 Once we receive your invoice, you should allow seven days to receive your cheque from us. Any costs and expense incurred by you in respect of the payment method will be borne by you. For the avoidance of doubt, our payment to you is conditional on our having received cleared payment of the Referral Fee from the Employer to whom you successfully referred your Candidate, and on all Rebate periods being completed thus rendering the Referral Fee non-refundable.

17.9 In the event that an Employer refuses to pay a Referral Fee, or delays paying a Referral Fee, MyRec will not be under any obligation to collect any outstanding monies due, nor will we be under any obligation to provide you with legal aid. We may however, at our discretion, use reasonable means to retrieve the monies. Any sums of monies spent on debt collection will be deducted from the Reward. In the event we do not receive payment of the Referral Fee, you will not receive your Reward. However, as your contract is with the Employer, it is your responsibility to take legal action against the Employer for your Reward if you so wish.

17.10 You are responsible for paying any Tax which becomes due by you as a result of the payment of the Reward to you, and you indemnify us against any liability for Tax due by you which results from such payment.

Candidates and Job Seekers

For the avoidance of doubt, ‘you’ are the Candidate or Job Seeker and are contracting directly with the Employer and agreeing to the Terms of Business below.

This Part sets out the terms which apply to individuals who are:

(a) Referred by Referrers for Job Vacancies advertised through the Website and apply through a Referral Application or a Direct Application (the “Candidate”); and

Job Seekers who:

(b) Apply for Job Vacancies advertised through the Website via a Direct Application (the “Job Seeker”).

18. Job Vacancies

18.1 You acknowledge that we are not an Agency and that we do not act as an agent for Employers. Nor do we act as an agent for you. By providing your details to an Employer, you agree that we are merely introducing you to the Employer and are not endorsing or recommending the Employer nor giving any warranties or making any representations about the Employer's business activities or any Position which is claimed to be offered. We give no warranties and make no representations with regards to any Job Vacancies advertised by Employers, including, but not limited to, the quality of any Position. It is your responsibility to use common sense and exercise normal caution when making arrangements to visit or meet with Employers.

18.2 We shall also not act as an intermediary between you and the Employer, and you acknowledge and agree that we shall not enter into correspondence or discussions or negotiations with any Employer on your behalf.

18.3 We shall not, and are under no obligation to, become involved in, or concern ourselves with, any dispute which may arise between a Referrer and/or a Candidate and/or a Job Seeker and/or an Employer in respect of a Job Vacancy including, but not limited to, any dispute about the quality of work, hours of work or pay. If, however, you have legitimate concerns or complaints about a particular Employer or its activities in connection with the Services and the Website, these can be directed to us using the contact details set out on our Contact Us page.

19. Applications

19.1 You may use this Website to accept a Referral Invitation and apply for a Job Vacancy on the Website (“Referral Application”) or to apply directly for a Job Vacancy listed on the Website (“Direct Application”).You may apply to as many individual Job Vacancies as you wish but no more than once to each one.

19.2 For the avoidance of doubt, you may only apply once for each, individual Job Vacancy, whether via a Referral Application or via a Direct Application. If more than one application is made to the same Job Vacancy, then the first application (including Referral Applications) to have been processed by the Website shall be the one deemed to prevail. We accept no liability in any instance where multiple applications have been made or where you have accepted a Referral Application only to apply directly at a later stage.

19.3 Where you accept a Referral Application, you will not be under any obligation to register a ‘Profile’ on the Website. You and your Referrer will be informed via email as to the Employer’s decision in respect to your CV, and the interviewing process will continue as normal between you and the Employer. Your Referrer will have registered a profile with the Website and will be able to keep track of your Referral Applications with various Employers via their ‘Dashboard’. It is your responsibility to liaise with your Referrer so that your Referrer can keep track of your applications.

19.4 In order to apply directly to a Job Vacancy via the Website, you must register with an email address and choose a password. Do not use a company or work email address as this will be your personal account. You agree that you will endeavour to make sure this password remains confidential between you and us and will notify us without delay should the security of your password be compromised so that we may take appropriate action. Once you have submitted your details, an e-mail will be sent to you in order that you may activate your account.

19.5 If you have applied directly for a Job Vacancy on MyRec and signed up to the Website, your details will be stored in a ‘Profile’, which you will be able to access using your registered email address and password. You are responsible for making sure that the information in your Profile is correct and up to date. If your details change, you agree to update your Profile as soon as is realistically possible.

19.6 If you have applied directly, for a Job Vacancy on MyRec, you will be able to monitor the progress of your Direct Application via a ‘Dashboard’ which will change colour at each stage of the process according to the actions taken by the Employer. You understand that we are not responsible for the failure by an Employer to update your application or employment or engagement status on the Website, and thus are not responsible for your ‘Dashboard’ updating correctly and in a timely manner. If you have reason to believe that the Employer has not entered information when they should have done, please contact us on the Contact Us page.

19.7 We will take measures to preserve your privacy when using the Website, in accordance with our Privacy Policy. You also agree that we will not be held responsible for any loss, whether direct or indirect, arising from the misuse of data or information relating to you by a third party according to our Privacy Policy. This clause is also subject to any legal obligations that we may have, or become subject to as outlined in our Privacy Policy.

19.8 You agree that by applying to a Job Vacancy on the Website and uploading your CV, you consent to your CV and personal details being released to the Employer. Once your CV has been reviewed, the Employer will be offered the opportunity to interview you and subsequently view your contact details. The Employer may continue to communicate with you via telephone or email or any other means, including arranging further interviews and making offers of employment or engagement. However, if the Employer rejects your application, the Employer will not receive your contact details from MyRec and will not be authorised to interview or hire you outside of the MyRec Terms of Business.

19.9 If you receive a Referral Invitation via email for a Job Vacancy to which you wish to apply, and if you agree to the Referrer being eligible for a Reward should your application be successful, then you must click on the first applicable link in the e-mail you receive. If more than one person refers you for the same Vacancy, you may choose who becomes eligible for a Reward should your application be successful, by clicking on the applicable link in the Referral Invitation email of your choice.

19.10 If you receive a Referral Invitation via email for a Job Vacancy to which you wish to apply, and if you do not agree to the Referrer being eligible for a Reward should your application be successful, then you must click on the second applicable link in the e-mail. You will be taken to the Website whereupon you will need to register and apply directly for the Job Vacancy. Your Referrer will be informed that you have declined their referral. In the event that you are referred for a Job Vacancy by someone you do not know, or have reason to believe that someone is abusing the system, please direct any concerns or complaints to us using the contact details set out on our Contact Us page.

19.11 When you apply to a Job Vacancy as a result of a Referral Invitation that you have accepted, you acknowledge that you give consent to be wholly and exclusively represented by MyRec to the Employer whether or not you knew of or were aware of the Employer or visa versa.

19.12 You acknowledge that you are entirely responsible for checking whether the Position is suitable for you, whether you accept a Referral Invitation or apply direct. We take no responsibility for the ability of any Referrer to recommend a suitable Position for you.

19.13 When you apply to a Job Vacancy, whether via a Referral Application or a Direct Application, you will be required to upload your CV. You consent to provide full, accurate and concise information pertaining to your education, skills, experience and employment. You confirm that you understand that the information you provide will be sent to the Employer and that if the Employer is based outside the European Economic Area (‘EEA’) this will involve the transfer of your personal data outside of the EEA.

19.14 You also agree not to provide any information to any Employer that is likely to be inaccurate or misleading. You will inform the Employer if you believe that it is detrimental to the interests of either party to enter into an Engagement or Employment.

19.15 Once you have applied for a Job Vacancy, whether via a Referral Application or a Direct Application, and have been accepted for interview, you will receive all further communications from the Employer via telephone, email or other means. By applying for a Job Vacancy, you are consenting to your contact details being made available to the applicable Employer.

19.16 You agree that in the event an Employer requires you to have certain qualifications or endorsements you will provide copies of the relevant qualifications and endorsements to the Employer; and take all other steps that are reasonably required by the Employer to ensure that you are suitable for the specific Position. You acknowledge that all qualifications and endorsements may be verified by the Employer.

19.17 You agree that we are not responsible for the failure by an Employer to update your application status on the Website. If you have accepted or rejected an offer of employment through the Website but this has not been confirmed by the Employer on the Website, please inform us using the contact details set out on our Contact Us page.