Standard Terms & Conditions
foodRecruit is a trading name of Food Careers Limited Company No 4564275 STANDARD TERMS & CONDITIONS 2015
Within these Terms and Conditions the following words or phases shall, unless the context otherwise requires, have the following meanings:
“Applicant / Candidate” – Means the person or candidate introduced by Food Recruit to the Client for potential employment or Engagement;
"Advertisement" – Any recruitment advertisement produced as a result of and in accordance with a confirmed order including lineage advertisements, display advertisements, branded advertisements;
“Candidate Engagement” - Means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee;
"Booking" – Booking of any product or service offered by Food Recruit;
"Client" – Any person, firm or corporation wishing to use the services of Food Recruit;
“CV” - The curriculum vitae or outline details of an Applicant’s education, training, skills, employment experience and other details that may support an application for employment;
“Suitable Applicant” – An Applicant who has expressed interest in a Client’s vacancy who possesses a curriculum vitae detailing education, training, skills, employment experience, deemed by Food Recruit to meet the majority of the job requirements detailed in the Advertisement;
“Standard Recruitment Service” – Full 28-day Recruitment Consultancy Service. Pre-paid by the Client. Food Recruit creates a web optimised job advert for Client approval – Food Recruit post the job advert to major job boards including General, Specialist & Food job boards – Food Recruit search in excess of 15 million CV’s on major CV Databases – Food Recruit shortlist or reject all candidates based on the job criteria - The Client contacts the candidates directly to arrange interviews The Client makes an offer of employment and agrees a start date with their selected candidate/s;
“Premium Recruitment Service” - Full 28-day Recruitment Service plus Timesaving Extras. Pre-paid by the client.
Same as Standard Recruitment Service but Food Recruit also conduct up to Five telephone Interviews with preferred candidates and provide detailed interview reports – Food Recruit make arrangements for candidates to attend interviews and manage the job offer process – Food Recruit also keep in touch with selected candidates until the day they commence employment with the client;
“Terms” - Means these Terms & Conditions.
Unless the context otherwise requires, all references to the singular shall include the plural and vice versa.
2.) Any Booking made by a Client will be on these Terms. By making a Booking, the Client accepts in full these Terms in respect of the Booking and in respect of any further Booking made by the Client. These Terms shall apply to all Bookings made by telephone, letter, fax, e-mail, through the internet or any other means.
3.) These Terms are an invitation to treat and as such do not constitute a binding offer to enter into a contract. A Booking made by the Client and accepted by Food Recruit creates a binding contract between Food Recruit and the Client.
4.) The placing of any Booking does not convey the right to renew on the same or similar terms.
5.) Food Recruit limits its services to direct employers, and as such Client’s procuring the services of Food Recruit shall receive them for the purpose of their own recruitment needs and not on behalf of any other 3rd party end client.
6.) Food Recruit endeavour to ensure the suitability of Candidates Introduced to the Client to work in the position which the Client seeks to fill by taking reasonably practicable steps to ensure that it would not be detrimental to the interests of either the Client or the Candidate; Ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body; Confirm that the Candidate is willing to work in the position.
7.) The Client shall be obliged to satisfy itself as to the suitability of the Candidate for the position they are seeking to fill. The Client is responsible for: Taking up any references provided by the Candidate before Engaging the Candidate; Checking the Candidate’s right to work and obtaining permission to work as may be required by the law of the country in which the Candidate is Engaged to work; The arrangement of medical examinations and/or investigations into the medical history of any Candidate; and satisfying any medical and other requirements, qualifications or permission required for the Candidate to work.
8.) To enable Food Recruit to comply with its obligations under clause 7 above the Client undertakes to provide to Food Recruit details of the position which the Client seeks to fill, including the following: The type of work that the Candidate would be required to do; The location and hours of work; The experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position; Any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks; The date the Client requires the Candidate to commence the Engagement; The duration or likely duration of the Engagement; The minimum rate of Remuneration, expenses and any other benefits that would be offered; The intervals of payment of Remuneration; and the length of notice that the Candidate would be entitled to give and receive to terminate their employment with the Client.
9.) Food Recruit shall be entitled to cancel any Client Booking without incurring any liability to the Client.
10.) In relation to the Standard or Premium Recruitment Service/s offered, in the event that the Client terminates, cancels or fails to fulfill its obligations under a Booking in which Food Recruit and the Client have negotiated a discount based on an agreed number of recruitment services, the Client loses the right to any discount already applied and the Client shall pay Food Recruit a sum in respect of each of the Advertisements placed, such sum representing the difference between the discounted rate agreed under the said contract and the standard rate, to be notified by Food Recruit.
11.) In relation to Optional Extra services such as Executive Search, CV Validation, Display Advertising, Psychometric Testing, in the event that the Client terminates, cancels or fails to fulfill its obligations under a Booking, the Client is liable for payment of the full cost of these Optional Extra services, as detailed in the Booking form.
12.) In the event that the Client wishes to cancel a Booking, the cancellation procedure shall be that the Client notifies Food Recruit of the cancellation in writing.
13.) In relation to Standard or Premium Recruitment Services, the Client can cancel a Booking without cost or penalty as long as the cancellation procedure is followed and cancellation made before the Client has provided Food Recruit with the information on the vacancy the Client is seeking to fill Otherwise, the Client will be liable for payment of the full cost as detailed in the Booking.
14.) Food Recruit shall have the right to terminate any agreement between Food Recruit and the Client to which these Terms apply by notice to the Client if the Client either:
a) fails to make any payment due to Food Recruit by the due date and such failure continues for 15 days after the due date; or
b) is in breach of any warranty or fails to comply with any of its material obligations under any agreement between the parties or these Terms and in either case does not remedy the same (if capable of being remedied) within 30 days of receipt of notice in writing from Food Recruit specifying the breach or failure and calling for the same to be remedied; or
c) compounds or makes arrangements with its creditors or becomes insolvent or if any order is made or resolution passed for its liquidation, winding up or dissolution or if a receiver or manager or administrative receiver or administrator is appointed over the whole or a substantial part of its assets or of anything analogous to or having substantially similar effect of any such events shall occur under the laws of any applicable jurisdiction.
15.) Neither party shall be liable to the other in respect of any non performance of its obligations by reason of any act of God, civil war or strife, act of foreign enemy, invasion, war, satellite failure, legal enactment, governmental order or regulation, industrial action, trade dispute, lock-out, riot or any other cause beyond their respective control provided always that in any such event the duration of the agreement between the parties shall be extended over which such event continues, but otherwise such events will not affect any obligation of the Client to purchase recruitment services, between the Client and Food Recruit.
16.) Any notice or other information to be given by either party under these Terms shall be made by registered postal mail or an e-mail address supplied by Food Recruit for the purpose for Food Recruit, and to the address or electronic e-mail address supplied by the Client to Food Recruit, and shall be deemed to have been communicated upon the date of actual delivery.
17.) No waiver or any breach of any of these Terms shall be deemed to be a waiver of any other breach and no waiver shall be effective unless in writing.
18.) No term or provision in these Terms shall be varied or modified unless agreed in writing and signed by Food Recruit and the Client.
19.) These Terms together with any other document incorporating these Terms shall constitute the entire agreement and understanding between the parties in relation to its subject matter. The parties acknowledge and agree that they have not relied on and shall have no right of action in respect of any representation, warranty or promise in relation to such subject matter unless expressly set out in this agreement save for such representation, warranty or promises made fraudulently.
20.) Food Recruit shall be entitled to amend, edit, withdraw, take down or otherwise deal with any Advertisement at its absolute discretion and without giving prior notice.
21.) It is the Client’s responsibility to ensure that any Advertisement is legal and compliant with all advertising standards, applicable laws and other regulations, including, but not limited to, infringement of any copyright, patent, trade mark, trade secret, or other proprietary right, false advertising, unfair competition, defamation, obscenity, piracy, invasion of privacy, infringement of any discrimination law, securities law or regulation, or of any other right of any person or entity.
22.) The Client agrees to indemnify Food Recruit and to the full extent permitted by law, Food Recruit will not be liable for any loss or damage, whether direct or indirect, including consequential loss or any loss of profits or similar loss, in contract or tort or otherwise, relating to the recruitment services provided by Food Recruit including any error in the Advertisement or lack of access to or availability of a job-related website or failure of the Advertisement to appear on any job board, website or other media. Food Recruit makes no warranty that the Services will meet Client requirements or that the Services will be uninterrupted, timely or error free. Food Recruit will not be liable for the failure of an Advertisement to appear on a specific online media, at a specified time or in any specific position.
23.) The Client grants to Food Recruit the royalty-free right and license to use, reproduce, publish, store, distribute and display the Advertisement, including branding, worldwide in accordance with these Terms. No rights in the Advertisement shall transfer to Food Recruit under these Terms.
24.) The reproduction and/or publication of the Advertisement by Food Recruit as submitted or as amended will not breach any agreement or violate or infringe any right of any person or leave Food Recruit liable to any proceedings whatsoever and the Client indemnifies Food Recruit against all claims, costs, expenses, loss, damages, liabilities either suffered or incurred by Food Recruit as a result of this undertaking and warranty being incorrect.
25.) Recruitment Guarantee - If the shortlist of CV’s provided by Food Recruit does not enable the Client to recruit for the vacancy after the initial 28 days of service, Food Recruit will either:
a) Re-advertise the Client’s vacancy and search CV's on all sites for a further 28-days, OR
b) Add a credit to the Client’s account to allow the Client to use the same recruitment service again (Standard or Premium Recruitment Service) on a new or different vacancy, with the credit remaining live on the Client's account for a period of 6-months after the original order date.
26.) Food Recruit will provide the Guarantee detailed in clause 25 provided that:
a) The Client has received less than Five CV’s from Suitable Applicants.
b) Food Recruit has received full payment on a pre-paid basis in respect of Standard or Premium Recruitment Services and Optional Extra services within 30 days of the date of the invoice/s for any service that has relation to the guarantee claim.
27.) There is no monetary alternative to the guarantee scheme/s provided.
28.) All guarantee’s and discounts offered by Food Recruit are subject to Food Recruit receiving full payment on a pre-paid basis in respect of Standard or Premium Recruitment Services and payment for Optional Extra services being received within 30-days of the invoice date. In the event of late payment, outside of the 30-day payment terms, Food Recruit waives the Client’s right to all guarantee’s and discounts offered.
29.) Applicant information provided by Food Recruit to the Client shall remain confidential and exclusive to the client’s organisation. Clients are obligated to comply with the provisions of the Data Protection Act 1998. Applicant information is not assignable by the Client and a Client who passes on an introduction of a potential employee to another organisation will be charged a fee of £5,000 if employment results. The guarantee provision set out above will not apply in such circumstances.
30.) In effecting introductions between Clients and Applicants Food Recruit is obliged to rely upon the good faith of Applicants and Food Recruit cannot accept responsibility for any loss or expenditure incurred by a Client, in attempting to introduce Applicants to Clients. Subject to the provisions of the Unfair Contract Terms Act 1977, Food Recruit cannot accept responsibility for any information or representation concerning Applicants to whom Clients may be introduced and in particular the history, character, age, qualifications required by law, capability or suitability of any potential employee. No representation or warranty is made that any potential employee is or will be available or suitable to fill a vacancy.
31.) In the event that data supplied by Food Recruit to the Client is misused, the Client shall indemnify Food Recruit against all claims made by third parties in respect of the misuse of the data.
32.) The costs payable to Food Recruit for the provision of recruitment services shall be detailed in the Booking form. Payment for services shall be made by the Client in accordance with information specified in these Terms and written within the Booking Form.
33.) Invoices are raised when a Booking is made and are payable on a pre-paid basis. All sums shall be paid together and include VAT added at the appropriate rate.
34.) Debt recovery costs and interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due to the maximum extent permitted by The Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debt Regulations 2002 as amended, extended, consolidated or replaced from time to time.
35.) These Terms or any agreement to which these Terms apply shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Court.
36.) Food Recruit accepts no liability of any description, including liability for negligence, damage or loss of any description, resulting from the Client’s use of any Food Recruit services.
37.) Food Recruit does not accept liability, of any description, however arising, for any loss or damage caused to any Client, arising from any impairment or virus contained within an Applicant CV or supporting information submitted electronically in good faith by Food Recruit on behalf of an Applicant.