​

 

The terms in this document set out the codes of practice, terms of use together with the information that we are obligated to collect from you for the benefit of our Clients to provide you with an opportunity for earning. Please read the Terms carefully before acceptance and seek professional advice if necessary. Once you have received via email this document consisting of this page and the pages to follow via email, any act of you using Exclusive Recruiter Ltd and the information which we provide is deemed to be and shall constitute your unconditional acceptance of these Terms. Upon such acceptance, and in consideration of the mutual benefits set out herein, these terms apply.

 

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.

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

 

Prevalent Terms:

 

1. The information and services available on the site are provided for the sole purpose of employers seeking to recruit staff as well as recruiters to earn. 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. 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.

 

 

3. We shall not be liable to the Recruiter 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 clients or candidates.

 

4. Recruiter must be aware that Exclusive Recruiter Ltd hold no liability for the introduction or supply of Candidates but are hired to introduce the candidate supplied by the recruiter to Clients who are looking to hire your candidate.

 

 

5. Exclusive Recruiter Ltd do not endorse any of our Client or Candidates.

 

 

6. 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.

 

 

7. 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.

 

 

8. 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.

 

​

9. 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 liability to you for death or personal injury resulting from our negligence or that of our employees.

 

 

10. 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.

 

 

11. 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.

 

 

12. 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.

 

 

13. 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.

 

 

14. 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.

 

 

15. 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.

 

 

16. 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 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.

 

17. 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.

​

​

18. 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.

 

 

19. 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.

​

​

20. 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.

​

​

21. 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.

​

​

22. 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 Recruiter Terms

 

23. 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 permission to submit a candidates CV to our services control team for further submission to a Client and to be referred to our recruitment agencies database. 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.

 

 

24. We will take reasonable steps to provide a reliable service to you. However, we cannot guarantee the accuracy or authenticity of any of the vacancies on our website. You acknowledge and accept that this is beyond our control, and we cannot be held liable in the event of untruthful information being submitted by a Client.

 

 

25. We do not guarantee any response to your Candidate submission or that responses will lead to an interview between the Candidate and the Client.

 

 

26. 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 Client to any third parties, or those not directly related to the recruitment process of the individual(s) in question.

​

​

27 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.

​

28. 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.

​

​

29 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.

​

​

30. 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.

​

​

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

​

​

32. You agree to deal fairly and professionally with individuals who may respond to your 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.

​

​

33. Exclusive Recruiter Ltd acts as an agent and is not responsible for the content of job adverts from different employers/agencies.

​

34. 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.

 

 

Candidate Submission:

​

35. We have rules regarding the content and format of Candidate submissions through 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, choose not to submit certain candidates which do not adhere to these rules. The rules may change from time to time and you are advised to refer to them regularly;

​

a) The Candidate must give you permission to submit their CV through the Exclusive Recruiter platform.

​

b) The Candidate must be interviewed by you prior to submission in relation to the submission for a certain vacancy.

​

c) The Candidates passport, 2 proofs of address, driving license (if applicable), 2 verbal references must be checked prior to submission.

​

d) The Candidate must be agreeable to travel to the location of the job opportunity for interview, trial and employment.

 

e) The Candidates CV must be tailored to the template format as well as the position that you are submitting them for.

 

f) From time to time, we will check that these terms are adhered to by contacting the Candidate and therefore, all Candidates CVs must contain the Candidates contact details. *Please note, the Candidates’ CV will never be submitted to a Client with the Candidates’ contact details present.

​

g) You must supply us with the notes taken from the interview with the candidate upon request. Failure to do so may result in you being denied access to utilise our platform.

​

h) The Candidates CV should accurately describe the candidates work history and not mislead the Client; sufficient detail should be included in order for the Client to understand the Candidates’ roles and the duties performed during those roles.

 

i) 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.

​

j) You acknowledge and accept that due to the large volumes of recruiters using our platform and the Clients busy schedules, submitting your candidate through our website may take several days for the CV to be reviewed.

 

 

Replacements

 

36. In the event that a Candidate has been dismissed by the client during their first 12 weeks of employment, you agree to do all that is possible within reason to replace that Candidate.

 

37. In the event that you fail to replace the dismissed Candidate in the first 6 weeks of employment, we will not be required to make a payment to you as the placement will be void.

 

 

Payment Terms:

​

 

38. For clarity and to remove all doubt, you unconditionally agree that you understand that through working on our vacancies, you are acting as an independent contractor. Nothing in this Agreement shall constitute the creation, establishment or relationship of partnership, joint venture, or employer and employee between the Parties.

 

39. We agree to authorise payment based on the commission agreed upon prior to candidate submission following 6 weeks of the candidate working for the Client and receipt of your invoice. You agree that all payments will be made via bank transfer.

 

40. You agree that payment will only be possessed providing all of the conditions of Clause 35 have been adhered to. Failure to adhere to the terms of Clause 35 may result in your invoice being void.

 

 

Confidentiality

 

41. 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.

 

 

42. 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 obligations under this 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.

 

See Also:

 

Exclusive Recruiter Agency Terms

Exclusive Recruiter Privacy & CookiesPolicy