Employer Terms and Conditions

Trading Terms and Conditions of PeopleBank The Employment Network, part of H R Information Ltd ("PeopleBank")

The following terms and conditions of trading are deemed as acceptable by Employer Clients of PeopleBank The Employment Network when the Services and Products of PeopleBank The Employment Network have been accessed or ordered by the Client. Clients on a Placement Fee Contract must also read and adhere to the Placement Fee Contract Terms and Conditions.

Terminology:

The "Client" - this term refers to Companies using and purchasing the PeopleBank service and its products. These companies include Employers, Recruitment Consultancies, Employment Agencies and Advertising Agencies when using the system to fill vacancies directly or on behalf of their clients or place advertisements or purchase any PeopleBank product. In the case of any Agency acting on behalf of one of their own clients, PeopleBank will charge the agency, not the agency's client.

The "Candidate Provider" - this term refers to Agencies supplying candidates to the PeopleBank database. Agencies are able to charge a placement fee for their candidates. These Agencies may be Employment Agencies or Recruitment Consultancies.

1. Obligations of PeopleBank

PeopleBank agrees to use its reasonable endeavours to reconcile Job Specifications with Candidate Particulars through the PeopleBank System.

2. Obligations of the Client

The Client undertakes to take all reasonable precautions against the access of the PeopleBank System by unauthorised persons including the use of user names and passwords and securing information relating to communications between the Client’s hardware and the rest of the PeopleBank System.

3. Acknowledgements, warranties and representations

The Client acknowledges that:

(a) they are not vested with any proprietary right in respect of the PeopleBank software, any information in relation to the PeopleBank System or any Candidate Particulars;

(b) it will comply with the provisions of the Data Protection Act, 1998 and will do all that is necessary to enable PeopleBank's compliance therewith.

(c) PeopleBank does not vet or edit the contents of any advertisements submitted by Clients. The Clients are responsible for ensuring that the content of the advertisement is not discriminatory, obscene, defamatory, or otherwise illegal or in breach of any legislation in any jurisdiction.

4. Confidentiality

Candidate particulars shall be treated as confidential by the Client and not knowingly divulged to any third party without the prior consent of PeopleBank. The Client shall indemnify PeopleBank against any claims by a third party in respect of the misuse of data supplied to the Client or in respect of PeopleBank’s use of information supplied by the Client.

5. Purchase of Candidate Contact Details - Applicable to Clients on an Introduction Fee Contract

By pressing the button ‘Purchase Contact Details’ on the Contact Request Form, the Client consents to be charged a fee for the contact details of each candidate. This fee is payable when a candidate’s details are communicated to the Client, not at the time that the details are requested by the Client. Payment will be made within 7 days of invoice. PeopleBank undertakes that for each candidate’s contact details;

(a) PeopleBank will have contacted the candidate either directly or via a third party, in the case of candidates who have been placed on PeopleBank by a Candidate Provider.

(b) that the candidate has been informed of the details of the proposed employment (ie company name, location, salary, job description);

(c) that the candidate has indicated a willingness to be contacted by the Client with a view to being interviewed by the Client.

PeopleBank does not undertake to contact the candidate on behalf of the Employer. PeopleBank does not guarantee that a candidate will attend an interview, even if the candidate has indicated a willingness to do so.

6. Placement Fees - Applicable to Clients on a Placement Fee Contract

Please read Placement Fee Contract Terms and Conditions.

7. Candidate Provider Placement Fees - Applicable to All Clients

When a placement fee is payable to a third party because the candidate has been supplied by a Candidate Provider, this fee is clearly shown against the relevant candidates. Clients must deal directly with the Candidate Provider in respect of any fees payable. PeopleBank accepts no responsibility for any delay, dispute or failure to pay by the recruiting company regarding this fee.

8. Liability

PeopleBank does not verify or guarantee any candidate details. The Client shall satisfy itself as to the suitability of any candidate and shall take up any reference provided by any applicant and/or PeopleBank before engaging such candidate. The Client shall be responsible for obtaining work and other permits, for the arrangements of medical examinations and/or investigations into the medical history of any applicant, and satisfy any medical and other requirements or qualifications required by the law.

9. Placement Fees

Candidate Providers are able to charge a placement fee on any candidates placed with PeopleBank's employer clients. Candidate Providers must deal directly with the employers in respect of any fees payable. PeopleBank accepts no responsibility for any delay, dispute or failure to pay by the recruiting company regarding fees.

10. Advertisements

(a) Cost: Clients will be charged per advertisement per day (a day being deemed to be a full period of 24 hours, commencing at midnight [‘start time’] after the advertisement is placed.) An advertisement shall run for periods of 24 hours from the start time. The minimum run of an advertisement will be 7 days. On pressing the ‘submit’ button, the Client accepts these terms. If a Client chooses to end the run of an advertisement before the advertisement has completed its term, the Client may cancel the advertisement, but shall not be entitled to a refund for time not used. A Client may extend the term of an advertisement at the agreed rate.

(b) Acceptability: PeopleBank reserves the right in its absolute discretion to decline, cancel or remove any advertisement at any time without notice.

(c) Liability: Whilst every endeavour is made to publish advertisements as soon as possible after receipt, PeopleBank does not accept liability for error or delay or failure in publication or any consequences thereof.

(d) Orders: The placing of an order or contract will be deemed as acceptance of PeopleBank’s conditions which cancel any conditions which may accompany a Client’s order.

(e) Sex Discrimination Act: No appointment which indicates or can reasonably be understood as indicating an intention on grounds of sex (eg by inviting applications from males or females only) may be accepted unless it is exempted from the requirements of the Sex Discrimination Act. A statement must be made at the time the advertisement is placed saying which of the exemptions of the Act is considered to apply.

(f) Response to Advertisements: PeopleBank accepts no responsibility for the suitability of candidates who respond to advertisements.

11. Personality Profiles

By choosing to use the Personality Profiling tools within PeopleBank the Client consents to be charged a fee for viewing Personality Profiles of candidates. The Clients will be able to view a PeopleBank candidate's personality profile for 7 days after purchasing it, at no extra cost. Thereafter the Client will be charged again, at the same rate, for viewing the profile.

Ad-hoc profiles created by the Client are one-off transactions and therefore are not saved on the system.

12. Standard Rates

Standard rates for services supplied by PeopleBank shall apply unless the Client has reached agreement to alter, or be exempt from, these rates. PeopleBank reserves the right to increase or decrease standard rates and to introduce additional charges without prior notice. A copy of the current rate card is available on request.

13. Payment

Payment is due within 7 days of the date of invoice. In the case of late payment interest will accrue day to day at the rate of 3% above the base rate of National Westminster Bank.

14. Revision

PeopleBank reserves the right to revise these terms and conditions at any time.

15. Indemnity

The Client hereby agrees to indemnify PeopleBank in respect of all and any claims whatsoever nature, and in respect of all liabilities PeopleBank may incur arising from a Client’s advertisement and in particular as a result of the following:

(a) The publication of any defamatory allegations;

(b) Any claims made by any person in respect of race, religion, sex, age or disability discrimination.

16. Governing law and jurisdiction

This agreement is governed by the laws of England and the parties irrevocably submit to the jurisdiction of its courts.

17. Disclaimer

Except as provided by statute PeopleBank disclaims all warranties in relation to the PeopleBank System, the software and the Data including all warranties implied by law or statute.