Terms & Conditions


May 2018 The Agreement

This Agreement is made between us, MyPeopleBiz t/a Working Title HR Ltd (a company registered in England under number 6858428 with its registered office at 27 Old Gloucester Street London, WC1N 3AX) (“MyPeopleBiz”, “we”, “us” or “our”), and you, the person, firm or company who or which uses or wishes to use the Service and who enters into this Agreement by accepting these Terms of Service (“you” or “your”).

Definitions and Interpretation

In this Agreement, except where the context requires otherwise:

  • Administration Fee” means a fee for the provision of administration and support services by us comprising a fixed fee or percentage fee as set out in clause 4.2;
  • Agencies” means a person or firm which provides employment agency services to a third party within the meaning of the Employment Agencies Act 2003
  • Agreement” means the contract between us and you in this document, the terms contained within the Proposal and the Terms of Use;
  • Candidate” means an individual registered on the Website to search and apply for vacancies for positions with you;
  • Career Site” or “Job Listing Page’’ means a specialist page or pages designed and hosted by us for you to include advertisements for vacancies with you;
  • Privacy and Cookies Policy” means the privacy policy available on the Website, as updated from time to time;
  • Proposal” means the document attached to these Terms of Service;
  • Recruitment Portal’’ means the specialised applicant tracking management system and communications hosted by us;
  • Service” means our online tools for advertising job vacancies and searching, applying, recommending or introducing Candidates to you for vacancies on the Website;
  • Terms of Use” means the terms of use available on the Website, as updated from time to time;
  • User” means you or a person (including any of your employees or contractors) who is authorised by you, from time to time, to access and use the Service on your behalf;
  • Website” means our website available at www.mypeoplebiz.com and any other websites or URLs used by us; and
  • You” and “Your” includes your Users.
Licence to use The Service
  • We hereby grant to you and your Users a non-exclusive, non-transferable and revocable licence to access and use the Service.
  • We may at any time, for operational reasons and without liability, change the technical specification of the Service or suspend the whole or any part of the Service.
Fees & Clawbacks
  • The one-off fees and the fees for the master licence and additional licences set out in the Proposal are payable when setting up your Career Site before your Recruitment Portal is activated by us. In the case of monthly licenses, fees are payable at the beginning of each month.
  • In the event of a successful placement of a Candidate by an Agency;
    • Via OpenPSL
      • The Employer will pay us the commission set out in the job posting, within 14 days of the start date of the successful candidate.
        • Payments not received within 14 days of the candidate start date will result in a 0% clawback
      • We will pay the referring agency, less our commission of 20%, the published fee, in three payments equal to that portion of the clawback, no longer applicable.
      • If a placed candidate leaves the role before the completion of 3 calendar months, the following fee clawback schedule will apply.
        • If the candidate leaves within 1 calendar month of the start date – 100% of the fee will be refunded.
        • If the candidate leaves within 2 calendars month but after 1 month of the start date – 50% of the fee will be refunded.
        • If the candidate leaves within 3 calendars month but after 2 months of the start date – 25% of the fee will be refunded.
        • If the Candidate leaves after 3 calendar months – there is no refund.
    • Via Managed PSL
      • 1. The Employer will pay the Referring Agency directly in line with their mutual agreed Terms & Conditions
        • We may vary our fee rates and payment policies for the Service from time to time. We shall give not less than 30 days’ notice of any such change.
        • In the event that your payment is rejected or you fail to renew your contract for the Recruitment Portal at the expiry of the term, your Recruitment Portal shall cease to be available to you, your Users, Candidates, Referrers and Agencies.
        • There are no rewards, sign-on bonuses or introduction fees available for temporary positions.
        • When advertising a vacancy and offering a referral fee, a signing-on bonus or an introduction fee for each successful placement, you will be contracting directly with the Referrer, Candidate or Agency, as appropriate. Your agreement with the Referrer, Candidate or Agency will be governed by this Agreement and your Terms of Business displayed on your Recruitment Portal.
Password and Security

You will receive a username and password upon completing the Service's registration process. You shall:

  • Keep all usernames and passwords allocated to you by us confidential and allow access to them only to your employees who have a need to know them for the proper use of the Service; and
    • Promptly notify us if you become aware or suspect that any such username and / or password has become known to an unauthorised person.
Your Data
  • In order to use the Service, you and your Users may be required to provide information about yourselves (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Service. Any registration information you give to us will be accurate.
  • We process information about you and your Users in accordance with our Privacy and Cookies Policy. By using the Service, you consent to such processing and confirm your authority to give such consent on behalf of your Users.
  • We may monitor your use of the Service in order to maintain and improve the Service.
Your Undertakings

You warrant to and undertake with us that you shall:

  • Promptly provide us with all information that we may reasonably require in order to verify whether a vacancy advertised on the Website has been filled by a Candidate, their salary, commencement date of employment and any other information we may require to verify your compliance with this Agreement;
  • Update the Candidate’s status on the Website, as soon as reasonably possible, to indicate when they accept a position and commence employment with you;
  • Pay invoices within 30 days of the date of the invoice. The invoice will be submitted to you following the Candidate’s employment and shall set out the referral reward or introduction fee;
  • Pay the sign-on bonus to the Candidate through your payroll if we inform you that a sign-on bonus is payable;
  • Take reasonable steps to ensure that: (i) your Users comply with this Agreement; (ii) all information that you or your Users upload to the Website is accurate; and (iii) nobody other than your Users accesses the Service;
  • Be responsible for configuring your own information technology (including virus protection software) and telecommunications in order to access the Service;
  • Not use the Service in any way which, in our opinion, is or is likely to be detrimental to the provision of the Service to you or any of our other customers, or to our business or reputation or in contravention of any general policies and fair usage limits issued from time to time by us or in any way that does not comply with any instructions provided to you;
  • Not sublicense, resell or offer in any manner, to a third party, the Service or use of or access to the Service;
  • Not interfere with or disrupt the Service or server or network connected to the Service;
  • Not attempt to gain unauthorised access to other computer systems or networks connected to the Service;
  • Not use the Service to promote any website or job which contains content which is illegal or unlawful including content which is defamatory of any person, or which infringes the intellectual property rights of any person, or which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and
  • Not use the Service in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • You acknowledge and agree that any breach of this Agreement by a User shall be deemed a breach by you notwithstanding that you may not have authorised the act or omission which constituted the breach.
Confidentiality
  • We shall not disclose to any third party or use for any purpose (other than for the provision of the Service to you) any confidential information which we may receive from you as a result of your use of the Service, subject to the following provisions of this clause.
  • We may use information which we receive from you as a result of your use of the Service in an aggregated and anonymised form for the purpose of improving the Service for you as well as other users of the Service.
  • Clause 8.a sh all not apply to information which is or comes into the public domain for reasons not due to our default or which is lawfully received from a third party without restriction or which we are legally obliged to disclose.
Warranty and Disclaimer
  • To the maximum extent permitted by applicable law, we provide the Service with all faults, without representations, warranties or conditions of any kind, either express or implied, including, without limitation, any representations, warranties or conditions of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  • In particular, but without prejudice to the generality of clause 9.a , we do not warrant the accuracy of any information you may obtain by using the Service.
  • We do not give any warranties and make no representations in respect of any Candidates, including, but not limited to, whether any Candidate is appropriate for any vacancy or as to their qualifications.
  • You agree that you are solely responsible for ensuring that any Candidate is suitable for your needs and requirements.
  • We do not offer any warranties or guarantees that use of the Service will result in any successful applications for employment.
  • You assume all responsibility for determining whether the Service or the information uploaded by you is accurate or sufficient for your purposes.
  • We do not warrant that use of the Service will be error-free or uninterrupted or that any defects will be corrected.
  • We are not responsible for software use by you or Users or for the operation or performance of the internet or any other network.
  • To the maximum extent permitted by law, we disclaim any and all implied representations, conditions and warranties that the Service is of satisfactory quality, accurate, fit for a particular purpose, provided with reasonable care and skill or non-infringing. We, therefore, disclaim any and all liability (whether in contract, tort (including negligence) or otherwise) and responsibility arising from any reliance placed by you on the Service).

Disputes
  • We shall not, and are not, under any obligation to become involved in any disputes which may arise between you, a Referrer, Candidate or Agencies in respect of a vacancy. If you have legitimate concerns about the use of the Website by a Referrer, Candidate or Agencies, please contact us by email at [support@mypeoplebiz.com].
Liability
  • We shall not in any event have any liability to you (whether in contract, tort (including negligence) or otherwise) for any: (i) loss of revenue, profits, business or anticipated savings; or (ii) indirect, special or consequential loss or damage whatsoever or howsoever incurred.
  • Without prejudice to clause 11.a , our liability to you (whether in contract, tort (including negligence) or otherwise) in connection with the Service or your use of or inability to use it or them shall not in any event exceed the total fees paid by you for the Service in the three months preceding the date the event giving rise to the claim first occurred.
  • Nothing in this Agreement shall exclude or limit any liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot by law be limited or excluded.
Indemnity
  • You agree to indemnify us and hold us harmless against all liability, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim made by a Candidate, Referrer or Agencies or other third party, as a result of your breach of this Agreement, or by any person for whom you are responsible.

Termination

Either you or we may terminate this Agreement at any time and for any reason by notice in writing to the other.
On and following termination of this Agreement for any reason:

  • The licence to use the Service shall immediately terminate and you shall have no right to continue to use the Service;
  • We may disable access to your account and you will no longer be able to access the Service; and
  • Save as set out in this Agreement, we shall not be required to retain or provide to you any data relating to your use of the Service .
  • Where this Agreement is terminated by us without good cause only, you shall be entitled to a rebate in respect of any unused period for which you have paid fees for the Service.
  • Termination shall not affect or prejudice the accrued rights of the parties as at termination. The provisions of clauses 8, 9, 11 and 12 shall survive termination of this Agreement for any reason.
Assignment
  • You shall not assign, sublicense, subcontract or otherwise deal with all or any of your rights and obligations under this Agreement without our prior written consent.
  • We shall have the right to assign all or any of its rights and obligations under this Agreement and in the event of such assignment shall give notice of it to you.
  • We may subcontract the performance of any of its obligations under this Agreement to any third party, but such subcontracting shall not relieve us of any liability under this Agreement.
Force Majeure
  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that are caused by events outside our reasonable control (including, but not limited to, the decision of any court or other judicial body of competent jurisdiction, unavailability of equipment, power or other commodity, failure or non-availability of Internet or telecommunications facilities, acts of government or other prevailing authorities or defaults of third parties or terrorism).
Notices
  • Any notice to be given under this Agreement may be sent by email (in the case of a notice to us) to [support@mypeoplebiz.com] and (in the case of a notice to you) to your email address as last registered with us.
General
  • Save as expressly provided in this Agreement, this Agreement constitutes the whole agreement between you and us relating to the Service.
  • We may change these Terms of Service from time to time. We will notify you of any changes by posting them on the Website or through other reasonable means of providing notice. If you use the Service after changes to the Terms of Service have come into force, you will be taken to have agreed to the changes.
  • You acknowledge and agree that, in entering into this Agreement, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) other than as expressly set out in this Agreement.
  • This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties.
  • Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
  • If for any reason any provision of this Agreement, or any portion thereof, is found to be unenforceable, the remaining provisions of this Agreement shall continue to be valid to the fullest extent permitted by law.
  • This Agreement is not intended to benefit anyone other than the parties to it and, in particular, none of the terms of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
  • This Agreement shall be governed by and construed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country.

Contact Us

Birmingham Office

Ingleby House
11-14 Cannon Street
Birmingham
West Midlands
B2 5EN

London office

25 Eastcheap
London
EC3 1DE

Telephone number

0333 050 8000

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