This page sets out the terms of business ("Terms") on which we supply the services ("Services") described on our website www.thejobpost.co.uk (our "Site") to you.

Please read these Terms carefully before registering for any Services from our Site. You should understand that by registering for any of our Services, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.

The Site is a website operated by TheJobPost Limited ("we" or "us" or "our" according to the context).

We are registered in England and Wales under company number 06723374 and have our registered office at Fleet House, 8-12 New Bridge Street, London EC4V 6AL.

Ticking the box on the Registration form online and / or signature of these terms offline confirms you have accepted TheJobPost Limited's Terms of Business. Please understand that if you refuse to accept these Terms, you will not be able to use our Services.

For the purpose of these Terms the following definitions apply:

"Candidate" a work seeker introduced to you by a Recruiter;
"Cancellation Fee" the fee set out in clause 4.5;
"Placement Fee" the fee agreed between you and a Recruiter for the Placing of an individual Candidate;
"Employer" you, being a company or person who uses the Services to post details of one or more Vacancies from time to time;
"Introduction" the passing to you of details identifying an individual Candidate;
"Placement" any employment or engagement of a Candidate by you on a contract of service or for services following the Introduction of a Candidate by a Recruiter;
"Recruiter" a company or person who uses the Services to introduce one or more Candidates to you in respect of any Vacancy;
"Vacancy" a job or position which you are seeking to fill posted by you through the use of our Services

1. STATUS
    Nothing in these Terms will create a partnership or joint venture between us. We are an Independent contractor providing Services to you and are not employed by you or under any relationship of service to you.
2. APPLICATION OF TERMS
  2.1 These Terms shall apply each time you use our Services (unless otherwise agreed in writing) and shall prevail over any inconsistent terms or conditions contained, or referred to, in your standard terms of business or any other document supplied by you, or implied by law, industry custom, practice or course of dealing.
  2.2 In the event of any dispute between your standard terms of business and these Terms, these Terms shall prevail.
  2.3 These Terms shall apply to the introduction of a Candidate by a Recruiter whether or not the Recruiter's letter of engagement is signed by you or on your behalf.
  2.4 By accepting these Terms you warrant that you have full capacity and authority to enter into and perform this agreement and are duly authorised to bind the party for whom you sign.
  2.5 No variation or alteration of these Terms will be valid except for where such variation is pre-selected for each vacancy posted by you and brought to the attention of the Recruiter at the time of posting and prior to engagement on the vacancy when prompted on our website.
3. SERVICES
  3.1 We provide a vendor management system for the posting of jobs and sourcing of Candidates as described on our Site (www.thejobpost.co.uk) from time to time.
  3.2 In order to use the Services you must register with us. We may accept or decline your application to register at our discretion.
  3.3 In using our Site and the Services you warrant that you will at all times:
  3.3.1 Conduct yourself in accordance with good industry practice and appropriate professional conduct; and;
  3.3.2 Comply with all applicable laws and regulations; and
  3.3.3 Perform your obligations under these Terms with due care and skill and in a timely manner.
  3.3.4 TheJobPost Limited also agrees to comply with clause 3.3.1 and 3.3.2.
  3.4 When assessing the suitability of a Candidate, the Recruiter shall place reliance on the detailed specification of the Vacancy provided by you in accordance with the requirements of the Conduct of Employment Agencies and Employment Businesses 2003 (as amended)("the Regulations") and you accept that we will not make any further assessment of your requirements. We will procure that the Recruiter obtains the Candidate's consent to be submitted to your Vacancy and, subject to clause 3.5, confirmation that the Candidate has the experience, training, qualifications and / or authorisations specified by you. Neither we nor the Recruiter shall undertake any further checks unless requested to do so by you.
  3.5 Each Recruiter will use its reasonable endeavours to ensure the suitability of any Candidate introduced to you including (where applicable):
  3.5.1 Carrying out such checks as may be applicable to reasonably ascertain the truth and/or accuracy of a Candidate's CV or application details or responses to any queries;
  3.5.2 where the Vacancy involves the Candidate working with, caring for or attending vulnerable persons or where the Candidate is required by law or any professional body to have any qualifications or authorisation to take up a Vacancy the Recruiter shall also (a) obtain confirmation of identity and that the Candidate has the experience, training and qualifications and/or authorisation (b) obtain copies of any qualification or authorisation and offer copies to you; (c) obtain two references from persons who are not relatives of the Candidate and who have agreed that the reference may be disclosed to you and offered copies to you and (d) taken all other reasonably practicable steps to confirm that the Candidate is not unsuitable for the Vacancy.

but you acknowledge that the suitability of the Candidate in respect of the Vacancy shall remain your sole responsibility.
  3.6 You shall notify us promptly of the date of commencement of each Placement in order for us to raise the correct invoice ("Start Date").
  3.7 You shall use your best endeavours to keep confidential any confidential information of any Candidate (including without limitation any CV or other information provided in support of an application for a Vacancy) that is provided to you in connection with the Services.
  3.8 We aim to offer you the best service possible. If a fault occurs in the Services or our Site or any software you should report it to us through our Contact Us page at www.thejobpost.co.uk so we can resolve the fault as soon as reasonably possible.
  3.9 Your access to our Site or any Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
4. PRICE AND PAYMENT
  4.1 You will pay to us the placement fee agreed from the fee percentage you have pre-selected for each vacancy posting between you and the Recruiter for the applicable Placement.
  4.2 We will invoice you in respect of the Placement Fee plus VAT on the Start Date of the applicable Candidate. In addition, a placement handling fee of £350 plus VAT will be applied to the placement invoice. Payment is due to us upon delivery of our invoice. If our invoice is not paid within 14 days of delivery of the invoice, interest will be payable in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate for the relevant reference period on any sums not paid. Such interest will be charged on a daily basis from the date 14 days after delivery of the invoice to the date payment is received by us.
  4.3 You will be liable to pay the Placement Fee in respect of a Candidate where, within 6 months of his or her introduction to you by a Recruiter:
  4.3.1 You employ or engage that Candidate on a temporary or permanent basis; or
  4.3.2 You initially reject the Candidate but subsequently employ or engage him or her in any capacity; or
  4.3.3 You refer the Candidate to a third party (including another company or business in your group of companies) and that third party employs or engages the Candidate in any capacity.
  4.4 Where more than one Recruiter simultaneously introduces any Candidate to you in respect of a Vacancy, the Recruiter having complied with these terms being the first to make such introduction to you (based on a timestamp of our systems) will be entitled to receive the Placement Fee upon the Placing of that Candidate. In the event of any dispute regarding the identity of the company or person being the first to make the introduction of a Candidate, our determination of the introducer shall be final and binding on all parties.
  4.5 We reserve the right to charge a Cancellation Fee in the sum of the fee paid by the Recruiter in respect of a Vacancy posted by you if:
  4.5.1 You close the Vacancy within 5 working days of a recruiter purchasing that Vacancy, without giving the Recruiter an opportunity to Introduce a Candidate to you.
  4.5.2 You fail to provide a Recruiter with feedback regarding a candidate that they have presented to the Vacancy within 5 working days of that application.
5. REBATE
  5.1 Subject to clauses 5.2 and 5.3 and payment of the Placement Fee in accordance with these Terms or any agreed variation, where the employment of a Candidate is terminated within the following periods, the following rebate shall apply:

Period during which the Placement terminates Amount of rebate of the Placement Fee
Prior to the start of the Engagement 100%
Within 7 calendar days of the start date 100%
Within 8-14 calendar days of the start date 90%
Within 15-21 calendar days of the start date 80%
Within 22-28 calendar days of the start date 70%
Within 29-35 calendar days of the start date 60%
Within 36-42 calendar days of the start date 50%
Within 43-49 calendar days of the start date 40%
Within 50-56 calendar days of the start date 30%
Within 57-63 calendar days of the start date 20%
Within 64-70 calendar days of the start date 10%
71 calendar days or more after the start date No rebate
  5.2 For the avoidance of doubt you will not be entitled to any rebate of the Placement Fee where the employment of a Candidate is terminated by you for any of the following reasons: refusal to pay or overdue payment of our invoice for the Placement Fee, redundancy, constructive, wrongful or unfair dismissal, corporate restructuring, or in connection with transfer of the whole or any part of the Employer's business.
  5.3 You shall inform us promptly, and in any event within 5 working days, of the termination of employment of any Candidate within 70 days of the Start Date.
6. TERMINATION AND CONSEQUENCES
  6.1 We may terminate the provision of the Services to you for:
  6.1.1 Breach of these Terms;
  6.1.2 Unacceptable use of the Site or Services in breach of Clause 8;
  6.1.3 Insolvency or cessation of business;
  6.1.4 Otherwise on notice to you with immediate effect.
7. LIABILITY
  7.1 The Services are provided without any guarantees, conditions or warranties as to their quality or accuracy. To the extent permitted by law, we, and any third parties connected to us hereby expressly exclude:
  7.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  7.1.2 any liability for any indirect or consequential loss or damage incurred by any user in connection with our Services or in connection with the use, inability to use, or results of the use of our Services, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, or for wasted management or office time; and
  7.1.3 to the extent permitted by law, any liability for any direct indirect or consequential loss or damage incurred by you as a result of any Recruiter failing to perform its obligations in respect of the Services or pursuant to the Regulations; and
  7.1.4 any direct or indirect loss or damage costs or expenses whatsoever arising in connection with any act or omission of any Candidate introduced to you through the use of our Services
  7.2 Our liability for any direct losses you suffer as a result of us breaching these Terms including deliberate breaches is strictly limited to the value of the applicable Placement Fee, or in the event no Placement Fee is paid or payable, the sum of £1,000 in respect of any direct losses which are a foreseeable consequence of us breaking these Terms. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.
  7.3 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8. ACCEPTABLE USE
  8.1 You may only use our Site and the Services in accordance with these Terms or our Terms of Website use located at www.thejobpost.co.uk
  8.2 You shall not engage with any Recruiter who uses the Services to introduce Candidates to you in respect of a Vacancy, other than in accordance with these Terms.
9. GENERAL
  9.1 These Terms (together with any documents referred to in them) constitute the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter. Each party acknowledges that, in entering into these Terms, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms. Nothing in this Clause shall limit or exclude any liability for fraud.
  9.2 We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Site.
  9.3 If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms, and the validity and enforceability of the other provisions of these Terms shall not be affected.
  9.4 No person other than a party to this agreement shall have any rights to enforce any of these Terms unless such right has been lawfully assigned to them for which purpose we can assign our rights and obligations under this contract to a third party.
  9.5 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.
  9.6 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
10. SUPPORT
  10.1 If you have any questions about material which appears on our Site, please contact us via the website or you can call on 020 7822 1816