We are Omnio Recruitment Limited of The Long Barn, South Winchester Golf Club, Winchester, Hampshire, SO22 5QX, with company number 08772356. Below are our terms of business relating to the recruitment services we offer.
1.1 In these Terms of Business the following definitions apply:
"Company" means Omnio Recruitment Ltd (08772356), The Long Barn, South Winchester Golf Club, Winchester, SO22 5QX.
"Client" means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 who has requested the services or information about such services delivered by the Company.
"Applicant " means any person who has applied to a job advert managed by the company, contacted the Company directly in respect of finding work, held on the Company database, contacted by the Company directly about a job or been passed to the Company by the Client for the purpose of applying for a job.
“Job boards” will include but is not limited to Reed, Total Jobs, Monster, CV Library and Jobsite. As well as this it will include industry specific sites from time to time but no single job board is guaranteed. The Company will use its best endeavours to utilise the most appropriate sites for the Client and job roles being advertised.
“Recruitment Services” can include any services offered by the Company relating to assisting the Client with the recruitment of a vacancy this includes but is not limited to the following:
- Vacancy Advertising
- Candidate Management & Communication
- CV Screening and Shortlisting
- Telephone Interviewing
- CV Searching and Applicant Sourcing
- Management of Assessment Centres and Interviews
“Vacancy” means a job opportunity offered by the Client which is being managed by the Company. This includes job opportunities advertised on our own website as well as 3rd party Job Boards.
“Campaign” relates to the Recruitment Services being offered by the Company for a specific Vacancy for a period of 28 Days.
1.2 The headings contained in these Terms are for convenience only and do not affect their interpretation.
1.3 The Company reserves the right to utilise any job boards it feels are suitable for the vacancy being advertised.
1.4 The Client agrees to the use of its brand or logo by the Company for the purposes of advertising a Vacancy, delivering the required Recruitment Services and marketing purposes. The Company will require a copy of the client’s company logo/s in a suitable format either .jpg, .gif, .png.
1.5 References to the singular include the plural and references to the masculine include the feminine and vice versa where the context requires it.
2. THE CONTRACT
2.1 These terms of business are designed to regulate the relationship between the Company, Applicants and Clients relating to the advertising of Vacancies and provision of Recruitment Services.
2.2 These terms of business are deemed to be accepted by the Client when the services of the Company have been requested for in writing. Writing includes any form of written communication including email, text message or any other form of electronic communication and correspondence.
2.3 Unless otherwise agreed in writing by a Representative of the Company, these Terms of Business shall prevail over any other Terms of Business or purchase conditions put forward by the Client.
2.4 No variation or alteration of these Terms of Business shall be valid unless approved in writing by a Director of the Company.
3. NOTIFICATION AND FEES
3.1 The Client agrees:
a) To pay the Company the amount agreed for a specific Campaign. The Client may hire more than one Applicant from the same Campaign at no additional cost. Any additional Recruitment Services requested during a Campaign will be charged at an agreed rate and invoiced separately. (Tailored Recruitment Services have varying fees, as agreed at the point of order). The Client is paying for the Recruitment Services provided by the Company as a vacancy advertising, candidate attraction and management solution, and cannot be held accountable for the success of a campaign by it leading to hire or not.
b) All fees are payable immediately on engagement of the Companies Recruitment Services unless an account has been opened for the Client subject to satisfactory Credit Check being obtained. For all account Clients an invoice will be issued with 30 days payment terms. All fees are non-refundable.
3.2 The Company reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 10% per annum above the Bank of England base rate from the due date until the date of actual payment. The company also reserves the right to revoke any agreed discounts or special offers for amounts which remain unpaid after this period of 14 days and the amount due will revert to the original full price before discounts or special offers were applied.
3.3 The Applicant agrees:
a) That the Company will store personal information including Curriculum Vitae and pass this information on to Clients for the purposes of securing a new job. Where an Applicant applies for a vacancy using a job board the company and applicant are bound by the policies of the specific job board and agree to those terms as well as these.
4.1 If requested as a Recruitment Service the Company will filter applications and deliver the most relevant applicants to the client in a format agreed with the client. These candidates will be screened in line with set screening criteria and the most relevant applicants shortlisted.
4.2 The Company will manage all applicants using its purpose built Applicant Tracking Software. Clients who want applicants delivered to their own systems or databases must request this in writing and provide the Company all the information required to manage this delivery of applicants.
4.3 Clients will have full access to the Company Applicant Tracking Software for the duration of any campaign and 3 months after the clients last campaign has ended. After this time clients who wish to access applicant data must pay the Company an administration fee for all works carried out to extract and deliver applicant data to them in a suitable format.
5. INTRODUCTIONS TO 3RD PARTIES
5.1 The Client agrees that all applicant data will be held on the Company database and that the company has the right to communicate with all applicants who are held on this database for the purposes of finding work. This will include the company introducing applicants to 3rd parties where suitable opportunities exist for them to secure work.
5.2 The Client also agrees that they won’t share applicant details with any 3rd party for any reason what so ever other than where legally required to do so.
5.3 If the Client ignores 5.2 and introduces an applicant to a 3rd party for the purposes of recruitment or anything else the Company will be due an introduction fee of £5,000 in respect of this applicant introduction. This fee is due immediately and is imposed to deter the Client from passing on confidential applicant information to 3rd parties and competing with the company for the provision of recruitment services..
5.4 If the client receives written authorisation from the applicant or company to pass on such information to a 3rd party the company waives its right to receive the introduction fee outlined in 5.3.
6. SUITABILITY & CANDIDATE CHECKS
6.1 The Company endeavours to ensure the suitability of any Applicant sent to the Client but can not be held responsible for the representations made by any applicant to the company or client. The Client must satisfy itself as to the suitability of the Applicant and shall be responsible for the up take of any references provided by the Applicant before engaging such Applicant. The Client shall also be responsible for obtaining right to work documentation and other permits if required, for the arrangement of medical examinations and/or investigations into medical history of any Applicant, and
satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.
7. CONFIDENTIALITY & DATA PROTECTION
7.1 The Company and the Client both agree to maintain the highest standards of professionalism before, during and after any Campaign including keeping information confidential between the parties.
7.2 The Company strives to keep all Client and Applicant information and data secure this includes all electronic information which is stored on the Company database and systems. However we can’t be held responsible for cyber attacks, virus or malicious actions which result in confidential data being obtained by a 3rd party.
7.3 The Client is also in receipt of confidential and potentially sensitive data from the company and applicants. The client assures reasonable steps will be taken to protect all confidential and sensitive information in line with Data Protection legislation and will be held responsible for any failings or losses as a result of Data Protection Laws not being adhered to.
8.1 The company accepts a maximum aggregate liability to Clients and Applicants for any loss arising out of or in connection with this agreement or the recruitment services provided. This shall not exceed five thousand pounds (£5,000).
8.2 The Company shall in no event be liable for any indirect loss, regardless of whether such losses are foreseeable and whether or not caused by our negligence arising out of or in connection with the recruitment services offered.
8.3 The Company are not liable for any of the following:
- Loss of revenue
- Loss of opportunity
- Loss of employment
- Loss of reputation; or
- Loss or corruption of data
In each case whether direct or indirect.
8.4 Nothing in these Terms shall have effect so as to limit the company liability for loss or damage arising out of personal injury or death or acts of fraud.
8.5 All introductions of applicants to the client are made in line with current anti discrimination law and all reasonable steps are taken to ensure all anti discrimination laws are complied with. The Company accepts no responsibility or liability should a Clients recruitment process prove to be in contradiction of any anti discrimination laws or an advert approved for posting by the client on a job board is subsequently found to breach any such laws.
9.1 The company may terminate this agreement at its sole discretion if:
- after providing written notice of breach of these terms such breach is not rectified within 5 working days where they are capable of remedy, or at once if such breach is considered serious or can’t be remedied.
- the recruitment services of the company are being used for an improper or unethical reason. This includes if a client is looking to offer a service or product in competition with the company’s own services.
9.2 Applicants or Clients can terminate this agreement and cease to use the Recruitment Services provided by the company by giving the company notice at any time. We will then close your account once any amounts outstanding are paid and will remove all applicant data from our systems.
10 GOVERNING LAW AND JURISDICTION
10.1 The laws of England and Wales govern this agreement and all non contractual obligations arising out of it. The parties submit to the exclusive jurisdiction of the English Courts.
If you have any questions or queries relating to these terms please contact us
Phone: 01962 850058
In Writing: The Long Barn, South Winchester Golf Club, Winchester, SO22 5QX.