The terms in this document set out the terms and fees for our services, together with the information that we are obligated to collect from you for the benefit of our candidates to provide you with a premium service. Please read the Terms & Conditions carefully before acceptance and seek professional advice if necessary. Once you have received this document consisting of this page and the pages to follow via email any act by you requesting for Exclusive Recruiter Ltd to carry out work on your behalf or using the information which we provide is deemed to be and shall constitute your unconditional acceptance of these Terms and Conditions. Upon such acceptance, and in consideration of the mutual benefits set out herein, these terms apply.

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IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS, PLEASE DO NOT REGISTER OR USE THIS WEBSITE.

 

'Exclusive Recruiter Ltd.co.uk'; 'we'; 'us'; and 'our'; means Exclusive Recruiter Ltd Ltd of 15 Stratton Street, Mayfair, London W1J 8LQ.

'Client'; 'You' and 'Your' means any person, company, organisation or firm which purchases services from us to assist your recruitment needs.

'Recruiter'; 'You' and 'Your' means any person, company, organisation or firm which purchases services from us to assist your recruitment needs.

 

Prevalent Terms:

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1. The information and services available on the site are provided for the sole purpose of recruiters and employers seeking to recruit staff. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site. All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to Exclusive Recruiter Ltd. Authorisation to use the site does not give you any proprietary rights in such materials.

 

2. Exclusive Recruiter Ltd will permit the Clients, Candidates and Recruiters to access, use and interact with our site subject to these terms and conditions. Any party using this service for any purpose other than those specifically stated in these Terms and Conditions shall immediately be banned from using this site.

 

3. We try to ensure continuous availability of the site and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. All liability of Exclusive Recruiter Ltd, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law. We may, additionally, alter the design and specification of the site at any time.

 

4. Clients and Recruiters need to be aware that Exclusive Recruiter Ltd hold no liability for the introduction or supply of Candidates to Recruiters or Clients (or vice versa). It is recommended that, if you are a Recruiter to ensure the candidates’ suitability for the role advertised or, if you are a client, to ensure a work-seeker's suitability for the role you should undertake the steps set out in The Conduct of Employment Agencies and Employment Business Regulations 2003.

 

5. You agree that you shall not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm Exclusive Recruiter Ltd's computer systems or any third party computer system.

 

6. Save to the extent possible by law Exclusive Recruiter Ltd does not warrant that our Website or services will operate without error or that the site or services are free from infection by viruses or anything else which has contaminating or destructive properties and Exclusive Recruiter Ltd shall have no liability in respect thereof.

 

7. Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Website, the Services and/or in any directory or other listings or information retrieval service made available on or by the Website and/or the Services has been so made available for guidance only. In addition, Exclusive Recruiter Ltd makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. Your use of such information and/or data is therefore entirely at your own risk. All liability of Exclusive Recruiter Ltd, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by law.

 

8. Notwithstanding the foregoing, none of the exclusions and limitations in these terms are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Exclusive Recruiter Ltd's liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

 

9. Our website contains links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Exclusive Recruiter Ltd of the contents on such third-party Web sites. Exclusive Recruiter Ltd is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk FURTHERMORE you acknowledge that Exclusive Recruiter Ltd is not responsible for third party content on the Website and that Exclusive Recruiter Ltd cannot ensure that material presented on the Internet is legal. Exclusive Recruiter Ltd will not limit access to material unless notified that it is illegal. In particular, you acknowledge that Exclusive Recruiter Ltd is not responsible for and does not monitor the content of job postings provided by third parties on the Website. However, Exclusive Recruiter Ltd shall have the right to remove any postings, materials or other items on the Website which it believes may be illegal or which it determines to be inappropriate.

 

10. You agree to defend, indemnify, and hold harmless Exclusive Recruiter Ltd, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Exclusive Recruiter Ltd Site, (ii) Your use of any Exclusive Recruiter Ltd Content, or (iii) Your breach of these Terms. Exclusive Recruiter Ltd shall provide notice to You promptly of any such claim, suit, or proceeding.

 

11. These Terms will remain in full force and effect while You are a User of any Exclusive Recruiter Ltd Site. Exclusive Recruiter Ltd reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Exclusive Recruiter Ltd Sites and immediate termination of Your registration with, or ability to access the, Exclusive Recruiter Ltd Sites and/or any other services provided to You by Exclusive Recruiter Ltd, upon any breach by You of these Terms or if Exclusive Recruiter Ltd is unable to verify or authenticate any information You submit to a Exclusive Recruiter Ltd Site registration. Even after You are no longer a User of the Exclusive Recruiter Ltd Sites, certain provisions of these Terms will remain in effect. Exclusive Recruiter Ltd may terminate, suspend or deny you access to the Website and/or Services immediately for any reason without incurring any liability whatsoever to you.

 

12.Where you are asked to complete a registration form the personal details that you provide must be true, accurate and complete. You agree to notify us of any changes which are relevant to your registration.

 

13. Your personal data will be collected and processed by Exclusive Recruiter Ltd in accordance with its privacy policy. You hereby agree to these terms in our privacy policy by your agreement to the terms and conditions of this Agreement.

 

14. This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Exclusive Recruiter Ltd's prior written consent.

 

14.1 Exclusive Recruiter Ltd reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as Exclusive Recruiter Ltd Ltd or any     other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website.

 

 15. Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any       other right on any later occasion.

 

 16. If any provision of this Agreement or part thereof is determined to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions and   provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.

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 17. This Agreement constitutes the entire agreement between the parties in respect of its subject matter NOTWITHSTANDING that Exclusive Recruiter Ltd reserves the right to vary this Agreement from   time to time (including the services offered by Exclusive Recruiter Ltd). Such changes shall either be notified to you by e-mail or posted on the Website via the logged in portal. Changes in this manner shall   be deemed to have been accepted if you continue to use the Website and/or the Services after a period of two weeks from the date of transmission of the e-mail or newsletter, or of posting on the Website,   whichever occurs first.

 

 18. Any notices from us to you, or you to us, shall be sent by email or first class post to, in your case, the last address that you provided us, and in our case, our registered office, and shall be deemed to have   been received two business days after the date of dispatch.

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19. Please note that all calls may be recorded for staff training and monitoring purposes. We reserve the right to use these recordings in the court of law.

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20. This Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.

 

Prevalent Client Terms

 

1. On receipt by us of your submitted information via our on-line form, email, telephone agreement or signed service agreement, you will be deemed to have accepted all of the terms and conditions, and will be granted access (subject to receiving payment) to submit a job advert to our services control team for posting on the exclusievrecruiter.com. You also agree that all of the information you supply to us is correct, truthful and complete. You agree to inform us by email, telephone or post of any changes to any of the information supplied by you to us. We reserve the right to terminate this agreement in the event that any of the information provided by you to us, is no longer current or accurate or in the event you are in breach of these Terms & Conditions.

 

2.  We will take reasonable steps to provide a reliable service to you. However, we cannot guarantee the accuracy or authenticity of any of the candidates’ CVs applying for your vacancy. You acknowledge and accept that this is beyond our control, and refunds cannot be given in the event of untruthful information being submitted by Candidates.

 

3. We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that Candidates are suitable for the job advertised and have the required qualifications and personal characteristics.

 

4. You acknowledge and accept that due to the large volumes of recruiters using our platform, posting your vacancy on our website may lead to you being approached by a recruiter or agency. If without prior agreement, this event takes place, it is your responsibility to notify Exclusive Recruiter Ltd staff within 24 hours.

 

5. You acknowledge and accept that all rights to information provided by third parties are reserved by those third parties, and that such information may not be used in any way that infringes any proprietary interests of those third parties. You agree not to disclose any information provided by the Candidates to any third parties, or those not directly related to the recruitment process of the individual(s) in question.

 

6. You acknowledge and accept that you will at all times comply with the provisions of current data protection legislation. And you will not, by any act or omission cause Exclusive Recruiter Ltd to be in breach of current data protection legislation.

 

7. You acknowledge and accept that you are acting as a data controller for the purpose of current data protection legislation in connection with any personal data obtained in the provision of the Services by Exclusive Recruiter Ltd. It is your responsibility to comply with your obligations as a data controller and to satisfy yourself of the legal grounds for processing any personal data.

 

8. Exclusive Recruiter Ltd acknowledges that it will act as a data controller for the purposes of current data protection legislation and that it will comply with its legal obligations in the provision of the Services

 

9. Any personal details which you provide to us from which we can identify you are held in accordance with our Data Protection Registration. You are obliged to have a lawful basis for the transfer of any personal data you provide to us. You agree that you do not object to us using this information to contact you for the purpose of improving our service to you, requesting payment(s), discussing account status, and you confirm that you do not consider any of the above as a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

 

10. Contacting Candidates via email or other means, for any reason other than recruitment, is strictly forbidden.

 

11. You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring Exclusive Recruiter Ltd into disrepute. You will indemnify us from and against any claim brought by an individual against Exclusive Recruiter Ltd arising from your breach of this obligation or any other of these terms and conditions.

 

12. We have rules regarding the content and format of jobs posted on Exclusive Recruiter Ltd. Their purpose is to ensure that users who search the site or the Exclusive Recruiter Ltd database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from Exclusive Recruiter Ltd any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.

 

12.1 The job posted must exist in the town advertised, unless it is a franchise opportunity (which must be stated in the description).

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12.2. The job title should be specific and be the best description for the role. It must not include locations or salaries and should not be a slogan (e.g. Great Opportunity or Money To Be Made!).

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12.3 Emails and URLs within job descriptions are not allowed. We will automatically remove these.

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12.4. The description of the role should mention the required skills as well as details describing the role. Contact names should not be mentioned in the job description.

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12.5. If the job role offers training and there is a charge for this then the vacancy must state this and this vacancy will then be branded with our 'learn to earn' banner. Training courses must be advertised separately within our training section.

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12.6. Advertisements which discriminate (or appear to discriminate) on grounds of sex, race, age or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by Exclusive Recruiter Ltd on the basis that the advertiser confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if we nonetheless believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from Exclusive Recruiter Ltd without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.

 

12.7. The vacancy should accurately describe the role and not mislead the Candidate; sufficient detail should be included in order for the Candidate to understand the nature of the role and the basic requirements of the role. If a role requires a Candidate to work in multiple locations then the vacancy must state this; if the role is selling a product/service 'door-to-door' then the vacancy must state this; similarly, if the role is a commission only role then this must be stated on the vacancy.

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13. Job credits must be used within the Fixed Term; time will not be extended for job credits that have not been posted or posted part of the way through the Fixed Term (for example, if you sign up for one job credit over a one month fixed term and this is posted on the 18th day the job will expire on the 18th of the following month).

 

14. Exclusive Recruiter Ltd acts as an agent, and is not responsible for the content of job adverts from different employers/agencies. If you have an issue with a job advert that is not your own, you should deal with this directly and not through Exclusive Recruiter Ltd.

 

Payment Terms:

 

15. You agree to pay 75.00 GBP (in pounds sterling) prior to the commencement of the premium service (unless an alternative payment structure is agreed in writing) as a non-refundable deposit. You agree that all payments will be made by bank transfer. You acknowledge and agree that in the event of failure by you, or the person with whom responsibility lies for payment of such transactions, that we may terminate your account and cancel this agreement immediately. We may also pursue payment in a court of law.

 

15.1 You agree to complete the full payment for the services rendered within 7 days of invoice or prior to a candidates’ start date (whichever is the closest to date of invoice). * Please note that we will not be obliged to provide a rebate or replacement should this term be broken.

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15.2 You agree to the payment structure agreed with your account manager and agree to be charged in accordance. All prices are in pounds sterling. The commission chargeable by us may vary from 5% to 25% of the candidates gross annual salary.

 

15.3 You agree that late payment may result in the matter being referred to our debt collection agents whose charges will be placed with the original debt and payable in addition to the original invoice.

 

15.4 You agree that we may alter the above rates within 14 days of notifying you of such changes, although any changes will not come into effect until the end of your Fixed Term. If you do not wish to continue this agreement with the altered rates, you may terminate the agreement at the end of your Fixed Term.

 

15.5 All prices exclude VAT. All invoices are payable in accordance with your Service Agreement. Late payment will entitle us to suspend provision of Services. Interest will be payable on late payments at the rate of 10% above the Bank of England base rate from time to time.

 

15.6 Where a Candidate is due to start working for you in a country other than the Candidate’s country of residence, we must be in receipt of cleared funds in respect of the Fees prior to the departure of the Candidate from their country of residence. * Please note that we will not be obliged to provide a rebate or replacement should this term be broken.

15.7 Any temporary placement exceeding 3 calendar months will be considered a permanent placement and charged at 5% - 20% of the candidates annual gross salary.

15.8 You agree to complete the payment prior to the candidates first working date or within 7 days from your job offer being accepted by the candidate. Failure to adhere to this clause will void your rebate and replacement guarantee. It is your responsibility to  ensure that the agency is made aware of a a job offer.

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Replacement Conditions:

 

16. We shall use reasonable endeavours to find a replacement Candidate for you where, during the course of the candidates employment, the candidate leaves their position due to unforced circumstances only.

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16.1 We may at its discretion refuse to provide a Replacement in the following circumstances:

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b) if the reason for the Candidate leaving your employment was as a result of a material change in the terms of the contract of employment between the you and the Candidate not agreed by the Candidate (including a change in the job description, location or working hours originally agreed between the you and the Candidate in the form of a contract); or

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c) if the reason for the Candidate leaving tyour employment was due to you being physically or verbally aggressive towards the Candidate or physically or verbally aggressive towards us.

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d) if there is a breach by you of the contract of employment between you and the Candidate; or

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e) if you dismissed the Candidate on grounds which were not just, reasonable and failed to supply supporting evidence.

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f) if the Terms and Conditions set out in this Agreement are broken.

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g) if we are not supplied with the employees contract within 7 days of them working for you. 

 

Rebate Conditions:

 

17. Rebate cannot be provided if the Candidate is not of the desired age, sex, race, or nationality, as these criteria contradict our equal opportunities policy, and common decency.

 

17.1 Where the Client is deemed entitled to a Rebate, we agree to process the payment within 28 days of the date where the Client has provided the Agent with all of the relevant documentation satisfying the Rebate Conditions. Note: We will not be liable to provide Remuneration if we successfully introduces a replacement Candidate during the time period set out in the Permanent Rebate Table (Fees Structure).

 

17.2 You agree to return any Rebate within the time period set out in the Payment Terms if;

 

a) you re-engages the Candidate within 12 months of the Rebate issue date

 

b) you re-engages the Candidate in a position other than the one set out in the Job Description

 

17.4 You understands that a Rebate will only take place if all of the Replacement and Rebate conditions are met such as;

 

a) we have been supplied with a signed copy of the Candidate contract prior to termination or notice being given by either of the parties; and

 

b) the Candidate has not been previously working  for you; and

 

c) the employment comes to an end within the Rebate Timescale due to the Candidate being wholly unsuitable for the position which was set out in the Job Description and agreed with the Candidate prior to their first working day; and

 

d) you have provided us with full and accurate information as to the position sought to be filled. The position is as described in the Job Description; and

 

e) you have notified us in writing on the date and supplied a reason for termination, no later than 3 working days of termination or a notice period being given by either of the parties; and

 

f) you have paid the entire placement Fee in full keeping within the Terms of Payment prior to the candidates starting date; and

 

g) the Candidate has been given prior verbal and written warning regarding their misdemeanour; and

 

h) there have been steps taken in order to prevent the misdemeanour from reoccurring; and

 

i) the Client has given the Agent a minimum of 28 days in good faith to replace the Candidate and the Agent fails to provide the Client with a suitable Candidate.

 

Changes to the Job Description:

 

18. If at any time following the candidate first day at work, the job duties should change you must immediately notify us of the nature of the change(s) and the date upon which the change(s) became effective.

 

18.1 If a change to the financial terms of the Engagement is made within 12 months of the execution of the Candidates Engagement date, the Client agrees to pay the Agent a Fee calculated according to the increase in the Candidates Gross salary as per the agreed percentage prior to the commencement of the premium service.

 

18.2 If you extend a temporary placeent and/or re-engage the Candidate within 12 months of the expiry of the original agreement, the Client agrees to pay the Fees calculated according to the increase in the Candidates Gross salary (at 20%).

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18.3 Following a replacement, the guarantee period will remain Candidates as the start date which the original Candidates started working for the Client.

 

Confidentiality:

 

19. Each Party undertakes that it shall not at any time during the Agreement, and for a period of 2 years after termination of the Agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other Party.

 

19.1 Each Party may disclose the other Party's confidential information:

 

a) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the Party's obligations under the Agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other Party's confidential information comply with this Clause; and

 

b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

 

19.2 Neither Party shall use the other Party's confidential information for any purpose other than to perform its obligations under the Agreement.

 

Liability:

 

20. We shall not be liable to you whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, for any loss arising from or in connection with any act of the Candidate.

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PERMANENT PLACEMENT REBATE TABLE

 

The fees are calculated based on the higher end of the GROSS Salary range submitted by the client contained in the Job Description or if a Salary is Negotiable, at the highest amount achievable in the market place by a person in a similar position to the one which has been described in the Job Description, such amount will be supported with evidence and provided by the us.

 

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The Introduction Fee is the amount equal to a percentage of the GROSS Remuneration applicable during the first 12 months of the Engagement.

 

See Also:

 

Exclusive Recruiter Saver & Basic Package Terms of Business

Exclusive Recruiter Agency Connect Terms of Business

Exclusive Recruiter Cookies & Privacy Policy