Terms of Contract
These Terms of Contract are for informational purposes only and do not constitute an offer to any party.
The precise terms of a candidate referral contract will be negotiated, drafted and finalised on a case by case basis.
This document merely signals our willingness to contract, and are intended to show recruiters the intended set of basic terms that would be included in all candidate referral contracts between ourselves and recruiters.
Employment Agencies and Employment Busines Regulations 2003
Recruiters need to be aware that this job board operates as a venue and introduces Jobseekers to Recruiters (or vice versa).
However, we do not:
- take any steps to ensure the Jobseeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the jobseeker to fulfil the position to be filled;
- take any steps to ensure that it would not be detrimental to the interests of the jobseeker or the recruiter for the jobseeker to fulfil the position to be fulfilled;
- take up any references in relation to a jobseeker;
- make any arrangements for accommodation of jobseekers; or,
- take any active steps to supply recruiters with timesheets or other information relevant to future jobs undertaken by jobseekers.
The Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Regulations”) seek to ensure that jobseekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered jobseekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled.
Since we are only a venue and do not actively propose or introduce jobseekers to recruiters or vice versa, it is recommended that, if you are a jobseeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a jobseeker’s suitability for the role.
These could include:
- If you are a jobseeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a jobseeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
- If you are a recruiter; checking the identity of the jobseeker and that the jobseeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a jobseeker to take up a position.
In addition, where professional qualifications are required or where jobseekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the jobseeker and undertake a criminal records bureau check of the jobseeker.
Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.
CVLinks Jobseeker Referral Scheme
We will work with employers and recruitment agencies on a referral scheme basis. For every jobseeker that we refer to a recruitment agency that later receives the job, we will expect a referral fee to be paid to us. The exact amount of the referral fee to be paid will be negotiated between us and the recruitment agency. The following terms and conditions constitute the entire agreement between the parties. In the event of a conflict between our scheme and other terms and conditions, our terms and conditions shall prevail.
What are the terms and conditions of this referral scheme?
By accepting a referral from us:
- You accept to pay us a negotiated sum when you receive a candidate from us who later secures a job.
- Payment will be sent by you after completion of 18 days employment by the candidate that we referred to you.
- We will not indemnify or refund you under any circumstances.
We shall not be liable arising out of or in connection with this Agreement or (i) any loss of or damage to profit, revenue, savings, data, use, contract, goodwill or business or (ii) any indirect or consequential loss or damage, in each case howsoever caused or arising.
The term “howsoever caused or arising” when used in this Agreement shall be construed widely to cover all causes and actions giving rise to liability, including but not limited to (i) whether arising by reason of any misrepresentation (whether made prior to and/or in this Agreement), negligence, breach of statutory duty, other tort, breach of contract, restitution or otherwise and (ii) whether arising under any indemnity and (iii) whether caused by any total or partial failure or delay by us.
Nothing in this Agreement shall limit or exclude any party’s liability for fraud or for death or personal injury caused by the negligence, or to an extent otherwise not permitted by law.
Which country’s laws apply to any disputes?
These Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.