1.1 These terms and conditions apply to:
1.1.1 the use of all websites owned and managed by Gradplus Limited; and
1.1.2 all services provided by Gradplus Limited.
2.1 The following expressions shall have the following meanings:
2.1.1 "the Company" means Gradplus Limited
2.1.2 "the Site" means www.gradplus.com or any other website owned and managed by the Company from time to time.
2.1.3 "Services" means such advertising, recruitment, candidate selection or other services as may be provided from time to time by the Company to Employers.
2.1.4 "Employer" means any person, company or organisation who has registered with the Site and entered into a contract with the Company for the provision of Services
2.1.5 "Candidate" means any person who has registered with the Site otherwise than as an Employer.
2.1.6 "Registrant" means any Employer or Candidate who has registered with the Site.
2.1.7 "Booking Form" means a booking form prepared by the Company for the provision of Services as detailed on such form.
2.1.8 "Signed Booking Form" means a Booking Form which has been signed using an authorised signature, either by hand, or electronically, using our digital signature software "EchoSign".
2.1.9 "PAYG" means Pay as You Go. In utilising this service option this means that the Employer will pay an individual price for all CVs downloaded from the site whether they are from applications received to a particular advertised job or acquired from searching the CV database as opposed to buying subscription access to either of those services.
3.1 The duration and terms of any contract between the Company and an Employer shall be as detailed in a Booking Form submitted by the Company to the Employer.
3.2 Unless otherwise agreed in writing no contract will come into being between the Company and an Employer until the Company has received a Booking Form duly signed by or on behalf of such Employer.
3.3 All invoices submitted by the Company to Employers shall be payable in full 14 days after the invoice date unless otherwise agreed in writing by the Company and any balance unpaid after 14 days shall attract interest at the rate of 4% over the base rate from time to time of National Westminster Bank Plc.
4.1 By registering with the Site, all Registrants:
4.1.1 warrant that information provided by them to the Company whether by online registration or otherwise is accurate;
4.1.2 undertake not to make any abusive, defamatory, discriminatory or disparaging comments of any kind when submitting information to the Company;
4.1.3 undertake to indemnify and hold harmless the Company and its servants and agents from any liability resulting as a result of any inaccuracy howsoever arising in respect of information published on the Site;
4.1.4 undertake to keep confidential all information supplied to them by the Company in accordance with the provision of Services (where appropriate) and to observe the provisions of the Data Protection Act(s) as the same shall apply from time to time.
All Candidates shall notify the Company as soon as is reasonably possible if there is any material change to the information submitted by them in the course of registering with the Site or afterwards.
It shall be the sole responsibility of Employers to conduct negotiations with Candidates relating to jobs being advertised or offered by such Employers and unless otherwise agreed in writing the Company shall not be responsible at any time for any aspect of such negotiations.
6.1 All Employers warrant that all content advertised by them on the Site are bona fide opportunities in existence at the time of advertisement and that they are offered in compliance with all relevant employment (and other) legislation then in force.
6.2 All Employers shall notify the Company as soon as is reasonably possible if there is any material change to the information submitted by them in the course of registering with the Site or afterwards either in relation to any job advertised by them on the Site or in relation to such Employer's contact details.
7.1 Under the PAYG service option the Company will enable the Employer to advertise an unlimited amount of positions without charge and / or be able to search the CV database. The details of all Candidates will be encrypted. Subject to satisfactory credit referencing a PAYG account will be created on a monthly invoice basis. All other accounts will be only accepted on a pro-forma basis.
7.1.1 All advertisements will be moderated within two working hours (during normal business hours of operation) before going live on the site. All applications must pass through the Company’s application system and therefore advertisements cannot carry any direct links to external websites or email addresses. All such content shall be removed during moderation. Any attempt to ‘bypass’ the Company’s application system will be deemed as a breach of terms and the Company reserves the right to invoice the Employer for the cost of an advertisement in line with normal managed service rates for the duration and type of service subscribed.
7.1.2 All advertisements will automatically expire after four weeks. The Employer may choose a shorter period of time to display their advertisement or re-activate an expired advert.
7.2 The Employer will be able to review the encrypted details of those Candidates who have applied directly to an advertisement or been acquired from conducting a search of the CV database. Upon review, the Employer may opt to purchase the contact details and CVs.
7.3 Whilst the Company makes every effort to ensure Candidates maintain current contact information we do not accept liability for incorrect contact information.
7.3 The applicable rates for CVs and other PAYG service options will be set out on the Booking Form and detailed in your account once activated. All prices are subject to VAT at the applicable rate.
7.4 The system requires you to verify your purchase and as the contact details and CVs are available instantly no refunds will be given for downloaded CVs whether purchased in error or otherwise.
7.5 The Company shall raise an invoice on the 28th of every month detailing the usage for that period. All invoices are subject to the Company’s standard terms and conditions as detailed in paragraph 3.3.
7.6 Purchased CVs and Parallax reports will be available for review in the Employers account for a period of three months from the point of purchase after which access will expire and if required will have to be purchased again.
7.7 A client account will be deemed inactive and disabled if there has been no activity during the preceding three months.
8.1 The Company shall provide Services with reasonable skill and care.
8.2 The Company shall comply with the Data Protection Act(s) as the same shall apply from time to time.
8.3 The Company shall use its reasonable endeavours:
8.3.1 to maintain the Site;
8.3.2 to ensure that the Site is accessible over the world wide web from time to time; and
8.3.3 to minimise any downtime in respect of the Site.
8.4 The Company does not warrant the suitability of any Candidate for any job advertised on the Site by any Employers nor does it guarantee any particular level of response to any advertisement on the Site.
8.5 The Company does not warrant the availability of any job advertised on the Site.
8.6 The Company reserves the right to remove details of any Registrant from the Site if it appears to the Company that such Registrant has failed to comply with its obligations under these Terms and Conditions but without prejudice to such right the Company shall first use its reasonable endeavours to allow such Registrant to rectify the situation.
8.7 The Company reserves the right to amend these Terms and Conditions from time to time.
9.1 All notices may be served:
9.1.1 on the Company at its registered office which is 40 Stockwell Street, Greenwich, London SE10 8EY
9.1.2 on any Registrant at the address submitted by such Registrant at the time of registration or as may be notified subsequently by the Registrant in writing to the Company.
10.1 These Terms and Conditions shall be governed by the law of England and Wales.