Recruiter Terms and Conditions
PSYCHICJOBSONLINE.COM RECRUITMENT SERVICES TERMS AND CONDITIONS
1. The following definitions apply:
“Client” means the company, firm or organisation which has set up an account with PsychicJobsOnline.com in order to use the Services.
“Commencement Date” means the date for the commencement of the Services as set out in the Order Confirmation.
“Order Confirmation” means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of telephone orders, the form signed by the Client confirming details and pricing of the Services ordered by the Client.
“Services” means the online recruitment services as set out in clause 2.
“Terms” means these terms and conditions.
“Website” means PsychicJobsOnline.com and includes without limitation its content, databases, software, code and graphics.
2. The following Services are available from PsychicJobsOnline.com via the Website:
Free Recruitment: We allow Psychic Companies who meet our quality control standards to advertise their job opportunities for free on our website.
3. PsychicJobsOnline.com shall provide the Services in accordance with these Terms. Clients must set up an account with PsychicJobsOnline.com in order to gain access to the Services. The Services do not constitute an offer by PsychicJobsOnline.com, and PsychicJobsOnline.com reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
4. A legally binding contract between PsychicJobsOnline.com and the Client comprising these Terms and the Order Confirmation will come into effect when PsychicJobsOnline.com has received the Client’s completed Order Confirmation. PsychicJobsOnline.com will acknowledge receipt by sending a confirmatory email or fax to the Client.
5. PsychicJobsOnline.com shall perform the Services using information and criteria supplied by the Client. It is the Client’s responsibility to provide accurate and up to date information.
6. The Client undertakes not to submit for inclusion in any job posting, its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect PsychicJobsOnline.com or PsychicJobsOnline.com ’s reputation.
7. PsychicJobsOnline.com may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
8. PsychicJobsOnline.com reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
9. Without prejudice to any other remedy, PsychicJobsOnline.com may terminate the Client’s account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if PsychicJobsOnline.com has reasonable grounds to believe that the Client cannot or will not pay its debts.
10. PsychicJobsOnline.com reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:
a. those of Clients who have not provided full or accurate contact or company information
b. those of Clients that PsychicJobsOnline.com considers to be acting inappropriately or illegally
c. those of Clients that use the Website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site
d. those of Clients who fail PsychicJobsOnline.com ’s credit checking process, or who default on payment.
11. The Client agrees to use the Website and the Services in ‘good faith’ i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client’s access to the Services being removed, and its account terminated.
12. All intellectual property rights connected with the Services and/or the Website shall remain vested in PsychicJobsOnline.com or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
13. PsychicJobsOnline.com cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results (Guaranteed Response excepted).
14. PsychicJobsOnline.com shall not be in breach of these Terms if events beyond its reasonable control prevent PsychicJobsOnline.com from performing the Services.
15. It is the Client’s responsibility to protect their computers against any viruses and malware.
16. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between PsychicJobsOnline.com and the Client. The Client acknowledges that it has not relied on any representation made by PsychicJobsOnline.com in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
17. In the event that the Client makes a claim against PsychicJobsOnline.com for whatever reason, PsychicJobsOnline.com ’s liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall PsychicJobsOnline.com be liable for any consequential, indirect or special losses, including without limitation, loss of profits, revenue, interest, goodwill, business and/or savings. Nothing in these Terms shall be construed to exclude PsychicJobsOnline.com ’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
18. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
19. Notices to PsychicJobsOnline.com shall be sent by email to recruiters@psychicjobsonline.com and notices to the Client shall be sent by email to the address supplied on set up of the Client’s account.
20. From time to time PsychicJobsOnline.com will contact Clients in order to evaluate the service they receive and also to promote PsychicJobsOnline.com ’s services and products. PsychicJobsOnline.com monitors the quality of vacancies from time to time in order to provide a better service to candidates.
21. The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of PsychicJobsOnline.com or of any member of the PsychicJobsOnline.com Corporate Family. Breach of this clause shall be a material breach and will entitle PsychicJobsOnline.com, without prejudice to any other remedies it may have, to terminate the Client’s account and Services immediately.
22. The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Job Postings and Vacancies
23. By submitting a vacancy to the Website, the Client is authorising PsychicJobsOnline.com to post such vacancy and submit candidates ranked by PsychicJobsOnline.com in accordance with the Client’s criteria (if any).
24. The Client is responsible for the content of the vacancy and will indemnify PsychicJobsOnline.com against any claim, loss, liability, expense and/or damage (”Losses”) in connection therewith.
25. The Client shall include in the job description the following information:
. Any qualifications and/or authorisations required by law or any or by any relevant professional body;
a. If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
b. Where the Client is employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.
26. The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client’s identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.
27. Applicants’ responses will be forwarded by PsychicJobsOnline.com by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants’ responses and PsychicJobsOnline.com accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant’s identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.
28. All and any subsequent dealings between the Client and any applicant in connection with the applicant’s response to the job posting are the responsibility of the Client, and PsychicJobsOnline.com accepts no liability whatsoever therewith. The Client will indemnify PsychicJobsOnline.com against any Losses in connection therewith.
29. The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, and the Employment Equality (Age) Regulations 2006. The Client shall indemnify PsychicJobsOnline.com against any Losses in connection therewith.
30. The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 (”the Regulations”) and the Employment Agencies Act 1973 in relation to all vacancies posted on PsychicJobsOnline.com ’s site, communications with applicants and management of applicants’ details. The Client shall indemnify PsychicJobsOnline.com against any Losses in connection therewith.
31. The Client shall not post any vacancy where:
0. there is a risk to the health and safety of any applicant at the location where the work is to be performed, or
1. the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances.
32. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold PsychicJobsOnline.com harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.
33. PsychicJobsOnline.com reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:
. those that PsychicJobsOnline.com considers illegal, inappropriate or fraudulent
a. those that directly or indirectly require or ask for application or registration fees
b. those that advertise franchise, pyramid, network marketing or get-rich-quick schemes
c. those that have been indiscriminately posted or duplicated across multiple sectors
d. those that advertise websites, services, businesses, business opportunities and/or contact details.
e. those of Clients who solicit staff from the PsychicJobsOnline.com family of companies
For the avoidance of doubt, the job posting credits used in the creation / editing of these jobs are not refunded
34. Free job postings under Free recruitment are allocated to the Client as a company, firm or other organisation, rather than to individual users or business units. Franchised businesses are allocated free job postings centrally – to be shared amongst its franchisees – and not to each franchised operation.
35. Free job postings under Free recruitment are at the discretion of PsychicJobsOnline.com. Breach by the Client of any of these Terms may result in the Free recruitment Services being withdrawn from the Client. In the event that the Client has any outstanding debt owing to PsychicJobsOnline.com, the Free Recruitment Services shall be withdrawn.