Terms & Conditions
The purpose of these Terms and conditions (“the Terms”) is to explain the services of Promote People which are offered for use via this website www.promotepeople.co.uk (“the Website”) and the limitations of liability that we retain.
Promote People is the trading name of Promote People Ltd a company registered in the UK, with a registered office at Hampden House, Monument Park, Chalgrove, Oxfordshire, England, OX44 7RW and company number 13974813. “We”, “us”, “our” and “ours” refers to Promote People.
You are a Client or potential Client of ours and the recipient of these Terms and “you” “your” and “yours” refers to you.
Promote People operate as an online advertising and employee selection service. By opening an Account and/or requesting a Recruitment Package, the Client shall be deemed to have accepted the Terms. Upon acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows:
1. Recruitment Package
Promote People provides an online Candidate sourcing and recruitment service for a fixed fee which includes the following:
1.1. Professional review and revision of your request for the advertisement of a vacancy to ensure maximum exposure of your vacancy to relevant jobseekers (the “Candidate’s”);
1.2. Publishing the Promote People approved advertisement to a number of well-known premium online job boards including national and industry specific job boards, and maintaining the advertisement on such job boards for a period of between 7 and 28 days;
1.3. The advertisement will be live on the job boards for a period of between 7 and 28 days depending upon the job boards used, the last live day of advertising being the “End Date”;
1.4. A filtering service for the CVs in order to assist with the Client’s management of the recruitment process;
1.6. Access to all CV’s l for a period of 90 days after the advertisement end date;
1.7. Promote People is an online advertising and employee selection service and it operates outside the Conduct of Employment Agencies and Employment Business Regulations 2003.
1.8. Promote People will retain the information provided by the Client and will use it for the purposes of providing the services to the Client, and for providing marketing information to the Client in relation to Promote Peoples activities and those of third parties.
2. Fees and Payments.
2.1. In order to submit an advertisement request and receive the services the Client must purchase the requisite “Recruitment Package” at the advertised price.
2.2. Purchases of a package are valid for a period of 6 months from the time of purchase. If not used during that period (i.e. by submitting an advertisement request) they will expire and no longer be valid for the purpose of making an advertisement request. The Client will not be entitled to any refund or credits.
3. Advertisement Request.
3.1.The Client must provide various information about itself and the vacancy within the advertisement request, including:
3.1.1.The Client’s full corporate name, address and registered number, or (if it is not incorporated) its full business and trading name and address, and the nature of its business;
3.1.2.The nature of the vacancy, including the type of work involved, its location, the hours of work, the commencement date and the likely duration.
3.1.3.The experience, training, qualifications and any authorisations, which are required by the Client, including any qualifications or authorisations required by law or any applicable professional body;
3.1.4.The minimum and maximum rate of remuneration and any other benefits;
3.2. Where the same vacancy is to be advertised for multiple locations or under multiple sectors, the Client will be required to purchase one advertising campaign for each location or sector.
3.3.The content of the advertisement request must comply with all applicable legal requirements, including in particular those relating to discrimination; it must be a true and accurate reflection of the vacancy;
3.4.It is the responsibility of the Client to ensure that the information submitted with the advertisement request is accurate.
3.5.In submitting an advertisement request the Client authorises Promote People to advertise the vacancy without further notice to the Client on Promote People’s preferred online job boards.
3.6.Upon Promote People receiving an advertisement request that does not comply with the aforesaid requirements or provides inadequate or insufficient information about the Client and/or the vacancy, Promote People may at its absolute discretion choose to amend the content to comply with the aforesaid requirements with or without prior approval of the Client.
4. The Advertisement
4.1.Upon the Client submitting a compliant advertisement request Promote People will make any changes it considers appropriate to (a) optimise the advertisement and/or (b) meet the parameters accepted by a specific job board.
4.2.Prior to publishing the advertisement Promote People may at its discretion send it back to the Client with any proposed changes, for the Client’s approval.
4.3.Within 48 hours of approval of the advertisement by Promote People and/or the client Promote People will publish the advertisement on a number of premium online job boards including national and industry specific job boards. Promote People will use its experience of the recruitment market to select appropriate job boards and job categories for the advertisements, at its absolute discretion.
4.5.The advertisement will be made available for the period allowed by each job board; this can vary generally between 7 days and 28 days, although such periods are subject to change.
4.6.The advertisements may carry the branding of Promote People or third parties that we work with.
4.7.Once the advertisement has been published on a job board it cannot be changed. If the Client wishes to amend an advertisement after it has been published, the Client will need to purchase a new advertising campaign or submit a new advertisement request.
4.8. The Client may withdraw an advertisement for any reason at any time and Promote People will comply with this request within a reasonable period. The Client will not be entitled to a refund for any withdrawn advertisement.
4.9 Promote People will receive applications for the advertised vacancy, these applications will be screened and Promote People will advance the best-suited applicants to the hiring manager.
4.10. Applicants CV’s that have failed Promote People’s screening are available to the Client on request.
4.11.The Client can engage on any basis any number of Candidate’s who submit CVs in response to the advertisement without paying any additional fees.
4.12. Promote People takes reasonable steps to protect the Website and its systems generally, against attacks and malware, but cannot guarantee that the same will not affect the Client. Promote People cannot be held liable for any damage suffered by the Client as a consequence;
5.1. Applications may come direct to Promote People or via third party systems.
5.2.The Applications are available for the personal use of the Client and they must not be provided to any third parties.
5.3. Promote People does not guarantee that an advertisement will result in a suitable candidate being found; purchases will not be refunded if suitable Candidate’s are not found.
6. Client’s Acknowledgments
6.1.The Client acknowledges that Promote People does not verify information provided by the Candidate’s at any stage, and is not responsible for inaccurate or misleading information provided by Candidate’s.
6.2.The Client is responsible for the selection of the Candidate’s, for taking up references where relevant, and for ensuring that the candidate holds valid qualifications and is entitled to work in the relevant locations. It is the sole responsibility of the Client to satisfy itself as to the suitability of any candidate for the vacancy.
6.3.On the occasion that the Client does not fill the vacancy following the advertisement, it acknowledges that it will not be entitled to any refund or future discount.
7. Data Protection Compliance.
7.1.To the extent that any data or information belonging to the Client is personal data within the meaning of the Data Protection Act 1998 or equivalent legislation in the territory:
7.2 Promote People will process such data and information only in accordance with the Client's instructions.
7.3. Promote People will not transmit such data and information to a country or territory outside the European Economic Area without the Client's prior express written consent; and
7.4. Promote People will take such technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate to the Client as data controller.
8.1. All information provided to and work undertaken for the Client by Promote People is provided on a confidential basis.
9. Warranties, Liability and Indemnities
9.1.The Client accepts and agrees that Promote People gives no warranty as to the suitability of any candidate for any vacancy.
9.2. Promote People does not represent, warrant or undertake to find a suitable or any candidate for any vacancy advertised.
9.3. Neither Promote People nor any of its staff will be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the engagement of a candidate whose CV is provided by Promote People in response to an advertisement, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of Promote People.
9.4.In particular, but without limitation, Promote People will not be liable for any loss, injury, damage, expense or delay arising from, or in any way connected with:
9.4.1.any failure of the candidate to meet the Client’s requirements for all or any of the purposes for which the Client requires the candidate;
9.4.2. Any act or omission of a candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; or
9.4.3.any loss, injury, damage, expense or delay suffered by a candidate.
9.5. Except in the case of death or personal injury caused by negligence, the liability of Promote People under or in connection with these Terms whether arising in contract, tort, negligence, and breech of statutory duty or otherwise howsoever will not exceed £1,000.
9.6.Neither party will be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
9.7. The Client will indemnify and hold harmless Promote People from and against all claims and losses arising from loss, damage, liability, and injury to Promote People, its employees and third parties, by reason of or arising out of:
9.7.1.any loss, injury, expense or delay suffered or incurred by a candidate, however caused; and/or
9.7.2.any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of a candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise, that arises directly or indirectly out of or in any way connected with arising out of or in any way connected with the engagement or use of a candidate, the withdrawal by the Client of a vacancy and/ or cancellation of an advertisement, any information supplied by the Client to Promote People or the Client’s breach of these Terms.
9.7.3.‘Claims’ will mean all demands; claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise), and ‘losses’ will mean all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.
Without prejudice to the other remedies or rights a party may have, Promote People may terminate this agreement, at any time, on written notice to the Client:
10.1. If the Client is in breach of its obligations under this agreement and, if the breach is capable of remedy within 5 working days, the breach is not remedied with 5 working days of the Client receiving notice, which specifies the breach, and requiring the breach to be remedied.
10.2. The Client fails to pay any sums due to Promote People by the agreed date.
11.1. Neither party shall have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance that result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
11.2. No amendment or variation of these Terms will be valid unless confirmed as agreed, in writing, by an authorised signatory of each Party.
11.3.Neither Party may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under these Terms without the prior written agreement of the other Party.
11.4. No failure or delay by Promote People in exercising any right, power or privilege under the Terms will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights and remedies provided by law.
11.5.The Terms will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Terms. Neither Party will have, nor represent that it has, any authority to make any commitments on the other Party’s behalf.
11.6. If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from the Terms and rendered ineffective as far as possible without modifying the remaining provisions of the Terms, and will not in any way affect any other circumstances of or the validity or enforcement of the Terms.
11.7. No Party will issue or make any public announcement or disclose any information regarding this agreement unless before such public announcement or disclosure, it furnishes all the Parties with a copy of such announcement or information and obtains the approval of such persons to its Terms. However, no Party will be prohibited from issuing or making any such public announcement or disclosing such information if it is necessary to do so to comply with any applicable law or the regulations of a recognised stock exchange.
11.8. For the purposes of the Contracts (Rights of Third Parties) Act 1999, this agreement is not intended to, and does not give any person who is not a party to it any right to enforce any of its provisions.
12. Entire Agreement
These Terms contain the whole agreement between the Parties in respect of online advertising and employee selection service provided by Promote People and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The Parties confirm that they have not entered into this agreement on the basis of any representation that is not expressly incorporated into the Terms. Nothing in this agreement excludes liability for fraud.
13. Governing Law & Jurisdiction
The validity, construction and performance of the Terms are governed by English law and will be subject to the exclusive jurisdiction of the English courts to which the Parties submit.