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 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;
"Contractor Margin" the margin agreed between you and an Employer for the Placing of an individual Candidate in a contract position;
"Placement Fee" the fee agreed between you and an Employer for the Placing of an individual Candidate less the Placement Handling Fee
"Employer" being a company or person who uses the Services to post details of one or more Vacancies from time to time;
"Introduction" the passing by you to an Employer of details identifying an individual Candidate
"Contractor Funding Fee" the fee payable to TheJobPost Limited by the Recruiter, for the administration for and payment of the contractor candidate on behalf of the Employer [equivalent to 5% of the contractor margin]
"Placement Handling Fee" the fee payable to TheJobPost Limited by the Recruiter, for invoicing and recovering payment of the Placement Fee from the Employer on behalf of the Recruiter [in the sum of £350]. For forced deal placements a fee of £500 + VAT will be applied
"Placement" any employment or engagement of a Candidate by an Employer on a permanent contract, contract for services or temporary basis following the introduction of a Candidate by you;
"Recruiter" you, being 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 an Employer is seeking to fill posted through the use of our Services

1. APPLICATION OF TERMS
  1.1. 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.
  1.2. In the event of any dispute between your standard terms of business and these Terms, these Terms shall prevail.
  1.3. These Terms shall apply to the Introduction of a Candidate by a Recruiter whether or not the Recruiter's own terms and / or letter of engagement is signed by the Employer.
  1.4. 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. PRICE AND PAYMENT
  2.1. PERMANENT/FIXED TERM PLACEMENTS
  2.1.1. You will pay to TheJobPost Limited a non refundable one-off access payment charge once you have selected to purchase a vacancy on www.thejobpost.co.uk; this will be payable by using a credit / debit card or using available credit from your TheJobPost account.
  2.1.2. In the event of a role that you have purchased being closed by the client within 5 working days of purchase, your TheJobPost account will be refunded with credit to the value of your purchase.
  2.1.3. Our access payment charge excludes VAT which will be payable by you at the rate shown on the site for the said particular vacancy.
  2.1.4. Subject to clause 3.2 we will pay to you the full placement fee (plus VAT) once full payment has been received by the Employer, minus TheJobPost’s agreed Placement Handling Fee which will be deducted from the first payment. The amount of the Placement Handling Fee will be notified to you on our website when you purchase a vacancy.
  2.1.5. For the avoidance of doubt, we shall be under no obligation to pay the Placement Fee to the Recruiter until we have received payment of the Placement Fee from the Employer.
  2.1.5.1. Payment Schedule
  2.1.5.1.1. 50% of the total Placement Fee due on day 36 after the Start Date minus the Placement Handling Fee.
  2.1.5.1.2. The balance of the total Placement Fee due on day 71 after the Start Date; and
  2.1.5.1.3. Payments of placement fees will be included on the next monthly pay run following the payment due date
  2.1.5.1.4. Where the Employer is entitled to receive a rebate pursuant to clause 3, the Placement Fee payable to you will be reduced by the amount of the applicable rebate
  2.1.5.1.5. TheJobPost shall only pay on receipt of a valid invoice from the agency
  2.1.5.1.6. TheJobPost shall not be obliged to pay and/or consider any invoice that (i) does not quote a valid reference number as defined as necessary by the TheJobPost, or (ii) is received more than 90 days after clearance of funds from the Employer
2.2. CONTRACTOR/INTERIM PLACEMENTS
  2.2.1. You will pay to TheJobPost Limited a non refundable fee on a ‘per CV’ submitted basis to an Employer and this will be purchased through www.thejobpost.co.uk; this will be payable by using a credit / debit card or using available credit from your TheJobPost account.
  2.2.2. Our ‘per CV’ payment charge excludes VAT which will be payable by you at the rate shown on the site for the said particular CV.
  2.2.3. TheJobPost will take responsibility for the contract between the contractor and the employer. TheJobPost will make payments direct to the contractor subject to the submission of approved timesheets and will make a payment to the introducing agency of the margin only minus a financing charge of 5%. TheJobPost will pay to you the contractor margin less the contractor funding fee of 5% on at least a fortnightly basis. Payment of the margin will not be dependent on TheJobPost receiving funds from the Employer.
  2.2.4. The agency may also be required to undertake a variety of compliance procedures and provide certain information on contract assignments. These will be clearly stated on the terms of each individual contract or temporary assignment. None of the above terms affect the agency’s rights with regard to candidate ownership.
3. REBATE (PERMANENT & FIXED TERM CONTRACTS ONLY)
  3.1. Subject to clause 5.2 where the employment of a Candidate is terminated within the following periods, the following rebate or such rebate as the Employer shall stipulate on the Vacancy requirements on our website, shall apply:

Period during which the Placement terminates 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 Nil
  3.2. For the avoidance of doubt the Employer will not be entitled to any rebate of the Placement Fee or Replacement where the employment of a Candidate is terminated by the Employer for the reasons of redundancy, constructive, wrongful or unfair dismissal, corporate restructuring, or in connection with the transfer of the whole or part of the Employer's business.
  3.3. The agency may also be required to undertake a variety of compliance procedures and provide certain information on contract assignments. These will be clearly stated on the terms of each individual contract or temporary assignment. None of the above terms affect the agency’s rights with regard to candidate ownership
4. SPLIT FEE ARRANGEMENTS
  4.1. A Recruiter (the Placement Recruiter) may use the Site to post details of one or more vacant positions which it has the authority of an employer to fill. Another Recruiter (the Candidate Recruiter) who has details of a suitable candidate may use the Site to offer the candidate to the Placement Recruiter to fill the vacant position. Both Recruiters agree that any placement fee arising from an introduction using the Site in this way and resulting in an engagement will be shared between the Recruiters on terms agreed between them.
  4.2. Confidentiality will be observed at all times. Confidential information received by one Recruiter will not be disclosed without the written consent of the other Recruiter.
  4.3. All terms including those as to ownership of the relationships with the employer and candidate, price, payment and rebates shall be as agreed between the Recruiters in relation to such split fee arrangements. For the avoidance of doubt, TheJobPost Limited shall not be party to such agreement and shall not be held liable in any way in relation to any such arrangement to the Recruiters jointly or severally, an employer, candidate or any other third party.
5. STATUS
  5.1. 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.
6. SERVICES
  6.1. We provide a vendor management system for the posting of permanent and contract jobs and sourcing of Candidates as described on our Site (www.thejobpost.co.uk) from time to time.
  6.2. In order to use the Services you must register with us. We may accept or decline your application to register at our discretion.
  6.3. In using our Site and the Services you warrant that you will at all times:
  6.3.1. Conduct yourself in accordance with good industry practice and appropriate professional conduct; and;
  6.3.2. Comply with all applicable laws and regulations including (without limitation) the Conduct of Employment Businesses and Employment Agencies Regulations 2003 (the "Regulations"); and
  6.3.3. Perform your obligations under these Terms with due care and skill and in a timely manner.
  6.4. TheJobPost Limited also agrees to comply with clause 3.3.1 and 3.3.2 to the extent that is applicable.
  6.5. You shall obtain the formal consent of each Candidate prior to submitting the CV of the Candidate in respect of the said Vacancy.
  6.6. You shall not introduce any Candidate in respect of a said Vacancy unless, in your professional opinion, such Candidate is suitable for that Vacancy.
  6.7. You shall use all reasonable endeavours for assessing the capabilities and suitability of a Candidate to meet the specification of the Vacancy including:
  6.7.1. Carrying out all such checks as required by the Employer prior to the candidate starting in role. This will include eligibility to work in the UK, appropriate referencing and any other requirements as laid out by the Employer;
  6.8. 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 you 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 the Employer; (c) obtain two references from persons who are not relatives of the Candidate and who have agreed that the reference may be disclosed to the Employer and offered copies to the Employer and (d) taken all other reasonably practicable steps to confirm that the Candidate is not unsuitable for the Vacancy.
  6.9. You shall promptly provide TheJobPost with accurate information regarding the start date of commencement of the successful candidate (Start Date).
  6.10. 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 is reasonably possible.
  6.11. 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.
  6.12. This agreement is on an assignment basis and is to be applied to any and all transactions entered into by the undersigned with the employer for every assignment over a period of six months. The agency hereby confirms that, unless specifically instructed by the employer to the contrary, all placements made by the agency with the employer shall be subject TheJobPost’s normal terms of business and engagement and administration fees will be payable by the agency for each placement.
7. DUPLICATE CANDIDATES
  7.1. Where more than one Recruiter simultaneously Introduces any Candidate to the Employer in respect of a Vacancy, the Recruiter having complied with these terms being the first to make such an Introduction to the Employer (based on a timestamp of our systems) will be entitled to receive the Contractor Margin/permanent placement fee payment 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.
8. TERMINATION AND CONSEQUENCES
  8.1. We may terminate the provision of the Services to you for:
  8.1.1. Breach of these Terms;
  8.1.2. Unacceptable use of the Site or Services in breach of Clause 10;
  8.1.3. Insolvency or cessation of business;
  8.1.4. Otherwise on notice to you with immediate effect.
9. LIABILITY
  9.1. 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:
  9.1.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  9.1.2. 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.
  9.2. 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 as a 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.
  9.3. 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.
10. INDEMNITY
  10.1. You will indemnify us and each Employer you engage with against any liability, loss, penalty, fine, award, damages, expenses or costs (including legal or other professional costs) that we or any Employer might incur or become liable for as a result of your breach of these Terms, the Regulations or breach of any other statutory duty, breach of contract or negligence.
11. ACCEPTABLE USE
  11.1. You may only use our Site and the Services in accordance with these Terms and our Terms of Website use located at www.thejobpost.co.uk
  11.2. You must not lease, distribute, license, sell or otherwise commercially exploit our Services or hold yourself out to any person as the supplier of the Services, nor must you sell or purport to supply the Services within your own service offering.
  11.3. You shall not use the Services to engage with any Employer in respect of a Vacancy other than in accordance with these Terms.
12. GENERAL
  12.1. 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.
  12.2. 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.
  12.3. 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.
  12.4. No person other than a party to this agreement shall have any rights to enforce any of these Terms.
  12.5. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.
  12.6. 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.
13. SUPPORT
  13.1. 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