RecruitingHub.com Online Recruitment Marketplace - Terms of Business
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document together with the documents it refers to tells you the Terms under which you may make use of the Marketplace Services provided via Our Site. Please read these Terms carefully before you make use of the Marketplace Services.
By registering to access the Marketplace you agree to be bound by these Terms. These Terms shall apply each time you use our Marketplace 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. In the event of any dispute between your standard terms of business and these Terms, these Terms shall prevail. We reserve the right to change these Terms at any time without notice, by posting changes online. You are responsible for checking these Terms every time that you access the Marketplace, in order ensure that you are aware of any changes. Your continued access to and use of the Marketplace, after changes are posted, constitutes your acceptance of the amended Terms.
By accepting these Terms you warrant that you have full capacity and authority to enter into and perform an agreement with us to use the Marketplace Services, and are duly authorised to bind the party for whom you act. You should print a copy of these Terms for future reference.
Please read these Terms carefully and, in particular, those terms which relate to your role (e.g. Recruiter or Employer). You must also read our General Website terms and conditions, which can be found here: www.recruitinghub.com/terms. In addition, if you intend to make use of our General Services, you should read our terms and conditions for General Services which can be found below.
Data Protection Laws: The EU General Data Protection Regulation 2016/679 (GDPR), the Data Protection Act 2018 and any applicable statutory or regulatory provision, as amended or updated from time to time, and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.
Use of the Website is available only to persons who can form legally binding contracts under UK Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the UK Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the RecruitingHub.com website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. RecruitingHub.com reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to RecruitingHub.com's notice or if it is discovered that you are under the age of 18 years.
INFORMATION ABOUT US
The domain name www.recruitinghub.com (hereinafter referred to as "Website") & the mobile app (Recruiting Hub) is owned by "Recruiting Hub International Ltd" a company incorporated in England & Wales under the Companies Act, 2006 having its UK office at Cambridgeshire (hereinafter referred to as "Recruiting Hub"). Overseas licencing authority of Recruiting Hub is held by the parent company "Recruiting Hub International Ltd". Recruiting Hub is the trading name of "Recruiting Hub Ltd" in the UK & "Recruiting Hub India Pvt Ltd" in India. For the avoidance of doubt Recruiting Hub is not acting as an employment agency as defined in the Employment Agencies Act 1973. Recruiting Hub provides an online platform for Employers and Recruiters to meet and is not involved in the actual transaction between Employers and Candidates or Contractors.
DEFINITIONS AND INTERPRETATION
For the purpose of these Terms, the following definitions shall apply:
Account: By registering on The Marketplace, as either an Employer or Recruiter, you are creating an account, which will contain your activity on the Marketplace
Agreement: The agreement between Us and you the pursuant to which you make use of the Marketplace Services, the terms of which are set out in these Terms
Candidate: A person introduced, directly or indirectly, by the Recruiter to the Employer through the Marketplace Services, to be considered for an Engagement
Employer: Any person (whether an individual, limited company, a limited liability partnership, a sole trader, a partnership or any other person) that uses the Marketplace Services to post details of one or more Vacancies with the view of employing a Candidate
Engagement: The act of an Employer accepting a Recruiter's engagement request via the Marketplace, to submit Candidate(s) to their Vacancy
Fee Period: The period a Recruiter is deemed to have ownership of a Candidate which shall be 6 months from the date of submittal of such Candidate's CV to the Marketplace
Handling Fee: The fee that We deduct from the Recruiter's Placement Fee for the Marketplace Services We provide. The Handling Fee is 30% of the Recruiter's Placement Fee.
Marketplace: Means the marketplace contained within Our Site in which Employers may post Vacancies and source Candidates and Recruiters may submit Candidates to Vacancies
Marketplace Service: The provision by Us of the Marketplace, as further described on Our Site (www.recruitinghub.com) from time to time
Our Site: www.recruitinghub.com
Placement: Employment or engagement of a Candidate by or on behalf of the Employer directly or indirectly following the introduction of a Candidate by a Recruiter via the Marketplace, directly or indirectly, and whether under a contract of service or contract for services or otherwise, and whether on a permanent, temporary or other basis
Placement Fee: The fee set by the Employer and is only payable by the Employer to Us upon recruiting a Candidate. Once set, the fee may be increased but it may not be reduced without Our express written consent
Replacement: Free replacement for 30 days or whatever is agreed in Principle with the Employer, provided the Placement Fee has been paid by the Employer within the Terms of this Agreement
Replacement Period: The period calculated by reference to the start date of the Candidate's employment and the date of the candidateís termination of employment (as further detailed in these Terms or as displayed in the job pos- ted by the Employer), during which an Employer is entitled to a full or partial re- fund or a free replacement of the Placement Fee should the Employer (acting reasonably) determine that the Candidate is unsuitable and cease his/her em- ployment or engagement with the Employer
Recruiter: Any person (whether an individual, limited company, a limited liability partnership, a sole trader, a partnership or any other person) who uses the Marketplace Services to introduce one or more Candidates to Employers in respect of any Vacancy
Recruiter Fee: The fee payable to the Recruiter upon a Placement, which is displayed on the Marketplace and calculated as the Placement Fee minus Our Handling Fee. Payable to the Recruiter once we have received the Placement Fee from the Employer, and upon the candidate satisfying the Replacement Period set out above
Start Date: The date on which a Candidate commences employment or engagement with an Employer following the acceptance by the Candidate of an offer of employment by an Employer
Terms: Are these terms and conditions under which you may make use of the Marketplace Services
Vacancy (or Vacancies): A job vacancy posted by the Employer on the Marketplace
In these Terms words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and vice versa
In these Terms any reference to a statute, statutory provision or any subordinate legislation shall be construed as including a reference to that statute, provision or subordinate legislation as from time to time modified or consolidated, superseded, re- enacted or replaced.
Nothing in these Terms will create a partnership or joint venture between us. We are an independent provider of services to you and are not employed by you.
In order to use the Marketplace Services, the Employer and the Recruiter must register with Us. We may accept or reject each application to register at our discretion, and may cancel such registration at any time if the Employer or Recruiter is in breach of these Terms.
OBLIGATIONS OF THE EMPLOYER
The Employer agrees to notify Us immediately when an offer of employment has been accepted by a Candidate in order for Us to raise the correct invoice for the Placement Fee.
The Employer shall satisfy itself as to the suitability of any Candidate for the purposes of the Vacancy for which the Candidate has been introduced. Without prejudice to the generality of the foregoing, it is acknowledged by the Employer that it is for the Employer to take up references, to check the truthfulness of a Candidate's application, to check the validity of qualifications and, where the Engagement requires, to ensure that the Candidate is capable of operating any equipment and/or machinery to the necessary level. The Employer shall be responsible for obtaining any work and other permits and for ensuring that the Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.
The Employer shall use their best endeavors 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 the Employer in connection with the Marketplace Services.
The Employer undertakes that (a) where any Candidate introduced by a Recruiter to the Employer via the Marketplace is initially rejected but is later employed by the Employer within the period of six months of the initial introduction, the Employer shall be responsible for the Placement Fee as if such rejection had not occurred;
(b) in the event of the Employer effectively introducing (directly or indirectly) any Candidate to another person, firm or corporation, including any subsidiary, associated or holding company of the Employer, resulting in an Engagement by that person, firm or corporation (of which fact the Employer shall immediately notify Us) the Employer shall be responsible for the Service Fee and the Recruiter Fee as if the Candidate had been introduced to such third party via the Marketplace, unless such Engagement occurs more than six months after the initial introduction of the Candidate to the Employer.
The Employer consents to the disclosure by Us to Recruiters and Candidates of information relating to the Employer which the Employer has provided to Us.
In the event of non-payment by the Employer of the Placement Fee, the Employer hereby agrees that We shall be permitted to assign to the Recruiter the debt relating to such non-payment and the ensuing right of action.
In the event that the Employer has previously received the CV of a Candidate who it subsequently decides to employ or engage from a source other than a specific Recruiter, the Employer is solely responsible for providing the proper evidence that the new engagement was not the result of the Recruiter's submission, but rather of having received the CV previously. In the event of such a dispute We will investigate and based upon the available evidence make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final and binding.
The Employer shall inform Recruiting Hub should a Recruiter contact it directly, offline or online, in an attempt to work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of undercutting our Marketplace Services, or depriving Us of due compensation of the Placement Fee.
OBLIGATIONS OF THE RECRUITER
The Recruiter warrants that they are a professionally trained recruiter, are suitable to act as an Employment Agency and agree that they shall at all times comply with Regulations of Employment Agencies Act 2007.
When engaged with an Employer on the Marketplace, the Recruiter shall not use the Employer's company name or brand publicly when advertising the Employer's vacancy and searching for Candidates.
The Recruiter will use reasonable endeavors to introduce to Employers via the Marketplace suitable Candidates who meet the specification set out by the Employer in the Vacancy. The Recruiter agrees to make every reasonable effort to properly screen Candidates which they submit to Vacancies, and obtain confirmation from the Candidate that they are willing to work in the position in question before submitting the Candidate's CV.
All CV submissions for Vacancies must be sent through Our Site. Any actions that circumvent or attempt to circumvent Our Site and the Marketplace Services by submitting CVs in any other way will lead to account termination. In the event of such termination, we shall be under no obligation to pay any Placement Fees received from Employers in respect of Candidates submitted by the Recruiter.
The Recruiter agrees to not directly or indirectly work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of depriving Us of due compensation, Handling Fees or Placement Fees.
The Recruiter agrees that they shall not approach directly any Employers to whom they have been introduced to by Recruiting Hub, engaged with on the Marketplace, or submitted any Candidate CVs or information to, for a period of 12 months after the introduction, engagement, submission of such a Candidate by Recruiting Hub, save for communications via Our Site or offline if regarding details on the posted Vacancy for which we have made the introduction. If a Recruiter is found to have contacted an Employer directly to work around, avoid, circumvent or otherwise exploit the Marketplace Services or Our Site with the intent or effect of undercutting our Marketplace Services, or depriving Us of due compensation, Handling Fees or Placement Fees, the Recruiter's account will be terminated immediately, and the Recruiter will be liable to pay Recruiting Hub within 30 days of receipt of invoice Rs.1,00,000 plus GST per direct Placement it has made with the Employer within a 12 month period.
Recruiters are not permitted to register as an Employer in order to post Vacancies on Our Site.
Candidates are represented by the first Recruiter to submit the Candidate in question to the Employer through Our Site. This clause shall not apply in the instance that the Recruiter who submits the Candidate first, has not gained permission from the Candidate to submit their details for the Vacancy.
If a Recruiter submits a Candidate for a Vacancy and the Candidate is employed by the Employer, the Recruiter may not be eligible for the Placement Fee in the event that the Employer has previously received that Candidate's CV, or was aware of the Candidate through another source. The Employer is solely responsible for providing the proper evidence that the new engagement was not the result of the Recruiter's submission, but rather of having received the CV previously. In the event of such a dispute Recruiting Hub will investigate and based upon the available evidence make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Placement Fee shall be charged. Our decision on this matter shall be final.
Provided that the Employer is not already aware of the Candidate, and can provide evidence of this, the Recruiter shall be deemed to have ownership of a Candidate for the duration of the Fee Period (six months from the date that the Recruiter first submitted the Candidate). Should the Candidate be employed or engaged by the Employer during the Fee Period we shall invoice the Employer for the same Placement Fee set by the Employer when the Vacancy was originally posted on the Marketplace. The Recruiter shall promptly provide us with accurate information regarding the Start Date of the successful Candidate.
THE PLACEMENT FEE
Where a Candidate is submitted via the Marketplace and is successfully appointed in a posted Vacancy, or within any other role within the Employer's organisation (including any organisation within the Employer's group), We will invoice the Employer on behalf of the Agency on confirmation of the Candidate accepting an offer of employment or Engagement from the Employer, for the Placement Fee.
The Placement Fee is payable within 30 days. If the Candidate in question does not commence the Engagement, the Placement Fee shall not be payable and, if it has been paid, will be refunded in full, and a credit note will be issued by Recruiting Hub.
The Employer will be liable for the Placement Fee in respect of a Candidate, where within 6 months of the Candidate being introduced to the Employer if:
- The Employer employs that Candidate on a permanent or temporary basis; or
- The Employer initially rejects the Candidate, but subsequently employs the Candidate or engages with the Candidate in any capacity; or
- The Employer refers the Candidate to a third party, including another company or business in the Employer's group of companies, and that third party employs or engages with the Candidate.
The Placement Fee excludes GST and other duties or taxes, which will be payable by the Employer in addition to the Placement Fee at the rate in force.
We shall be entitled to deduct from any payments due to the Recruiter any amounts to account for any damages, losses or costs incurred by Us arising as a result of the Recruiter's breach of this Agreement or its negligent acts or omissions.
If any amount payable under these Terms is not paid in full and on time, interest will be payable on such amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date of invoice up to and including the date of payment.
The Replacement Period shall run from the Candidate Start Date. The length of the Replacement Period shall be 30 days or whatever is agreed in Principle with the Employer,, set out in the table below. In the event that a Candidate terminates employment, or the Employer lawfully terminates the employment within the Replacement Period, the Employer shall be entitled to the Replacement provided that:
- Unless specifically agreed in writing, The Placement Fee has been paid by the Employer to Us within 30 days from date of invoice;
- The termination is not as a result of redundancy, corporate restructuring, pregnancy, injury or ill health, or by reason of the Candidate's age, race, gender, sexual orientation or disability;
- The termination has not arisen where the Employer has entered into the Employment of the Candidate with the prior or likely intention of disposing with the Candidate's services or terminating employment either without proper cause or with a view to obtaining a refund unfairly;
- The Employer serves a 7-day notice to Us by e-mailing us at firstname.lastname@example.org or their Recruiting Hub account manager.
In these circumstances, the Employer shall receive:
|0- 30 days or as agreed in Principle with the Employer|
The Rebate shall be repayable to Us in full where the Employer, any subsidiary, associated or holding company of the Employer subsequently re- engages the Candidate in any capacity within a period of 6 months.
If the Employer fails to pay the Placement Fee within 30 days of the date of Our invoice, the Employer will lose the benefit of these rebate provisions and no Rebate shall be payable.
THE PLACEMENT FEE
Upon successful Placement, We shall invoice the Employer on behalf of the Agency for the Placement Fee it specified when posting its Vacancy. The Placement Fee will be held in Our Client TrustBank Account for the duration of the Candidate's Replacement Period.
The monies will be released to the successful Recruiter in line with the aforementioned replacement schedule, on or around the 61st and 91st day, respectively (providing the Candidate in question has not ceased employment with the Employer in line with the aforementioned Rebate terms).
We may terminate or suspend any and all Services and access to Our Site immediately, without prior notice or liability, if you breach any of the terms or conditions of the Agreement. Upon termination of your account, your right to use the Services, access Our Site, and any Content will immediately cease. All provisions of the Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. If we withdraw access to The Marketplace because these Terms have been breached, no refund will be payable by us. In the event of a termination, we reserve the right to handle any existing engagements in the best interest of Employer(s) and Candidate(s).
Limitation of Liability
This does not affect our liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentations, nor any other liability which cannot be excluded or limited under applicable law. The Employer and the Candidate agree to indemnify Us from all claims, costs and expenses (including legal expenses) resulting from their breach of these Terms.
The Employer and the Recruiter acknowledge that Our Site operates a transparent feedback functionality and accordingly certain conduct, such as late payment of invoices or inappropriate or unprofessional behaviour, may have an impact on the Recruiter's or Employer's feedback and reputation.
Access to your Account on Our Site is not guaranteed and may expire at any time without notice. We therefore recommend all users make their own appropriate backups and logs of activities. You are not permitted to share access to your Account and must take reasonable steps to ensure Your login credentials are kept confidential. Use of Your Account is bound by the Computer Misuse Act 1990.
Unless otherwise agreed in writing, by using Our Site and Service all users give Us permission to disclose our business relationship to other parties to promote Our provenance. This includes (but is not limited to) your company name, logo, testimonials and any written or verbal communication.
These Terms contain the entire and only agreement for the Marketplace Services between Us and you, and supersedes all previous agreements relating to the same. Each party acknowledges and agrees that in entering into the Agreement it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as are expressly set out in the Agreement. No changes can be made to these Terms without prior written consent by a Director of Recruiting Hub.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as
amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, GST, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Compliance with Laws
Employer and Recruiter shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Respective Authority from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of UK) applicable to them respectively for using Payment Facility and RecruitingHub.com Website.
Jurisdictional Issues/Sale in UK Only
Unless otherwise specified, the services on the Website are presented solely for the purpose of sale in UK. RecruitingHub.com make no representation that services in the Website are appropriate or available for use in other locations/Countries other than UK. Those who choose to access this site from other locations/Countries other than UK do so on their own initiative and RecruitingHub.com is not responsible for supply of services/refund for such transactions ordered from other locations/Countries other than UK, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by RecruitingHub.com and services are sold by respective Recruiters. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your internal, non- commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Please send any questions or comments regarding this Website to email@example.com