Vacancies

updated 16 March 2012

 

The following terms & conditions of business (‘Terms and Conditions’) regulate your use of this Portal at www.mypeoplebiz.com/aco-technologies/ (the ‘Portal’) which includes Vacancy listings and information about ACO Technologies plc. ACO Technologies is also referred in these Terms and Conditions as ‘we’, ‘us’ or ‘our’. When we refer to ‘you’ and ‘your’ we mean the User.

 

The Portal is provided on our behalf by MyPeopleBiz Ltd, a company incorporated and registered in England and Wales (company number 06858428) having its registered office at C/O AG Tax, 145 Leadenhall Street, London, EC3V 4QT and which trades as MyPeopleBiz (‘our Portal Provider’).

   

DEFINITIONS AND INTERPRETATION

In these Terms and Conditions the following expressions have the following meanings:

‘Agency’ means an employment agency as defined in the Employment Agencies Act 2003;

‘Bonus’ means the monetary award payable by us to a Candidate who has been successfully placed in a Permanent Position or a Contract Position via a Direct Application or as a result of a Referral Application;

‘Business Day’ means a day (other than a Saturday, Sunday or any other day which is a public holiday in England) when banks in the City of London are open for business;

‘Candidate’ means a person who is interested in finding a Position either through making a Direct Application  or as a result of making an application through a Referral, or being introduced by an Agency;

‘Contract Position’ means a Position that is not a Permanent Position and for which a successful Candidate who is engaged by us is paid a salary which has been prorated to the duration of the contract;

‘Direct Application’ means the act of a Candidate submitting their details, including their curriculum vitae, to us using the Portal with a view to being employed or engaged by us to fill a Position advertised on the Portal;

‘Display Salary’ means the free text field in which we, when creating a Vacancy Advertisement, must enter details of the salary or a range of possible salaries being offered in relation to the Vacancy and which will be seen by Users who view the Vacancy Advertisement;

‘Fees’ means the amounts payable by us for each Successful Placement of a Candidate, which may include Rewards (clause 12), Bonuses (clause 14) and Introduction Fees (clause 17);

‘Force Majeure’ means any cause beyond our reasonable control including strikes, lock-outs, labour disputes, acts of God, war, riot, civil commotion, malicious damage, terrorism, interruptions in electricity or power supply, computer viruses or bugs, third party computer infiltrations or attacks by hackers, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood or storm.

‘Headhunting or Candidate Search’ means a search of our Portal Provider’s Website by us of Candidates’ profiles and/or CVs that the Candidates have uploaded onto our Portal Provider’s Website;

‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights to goodwill or to sue for passing off or unfair competition, rights in registered and unregistered designs, rights in computer software (including source and object code and algorithms), database rights, rights in confidential information (including, without limitation, know-how and trade secrets, processes and other procedures) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or may subsist now or in the future in any part of the world;

‘Introduction’ means the act of an Agency submitting a Candidate’s details, through the Portal, to us, in respect of a Vacancy;

‘Introduction Fee’ means the monetary award payable to an Agency for the introduction and subsequent related Successful Placement of a Candidate in a Permanent Position or a Contract Position;

 

‘Median Salary’ means the mid-point of the highest and lowest possible gross annual salary relating to a Vacancy entered on the Portal by us when creating a Vacancy Advertisement;

 

‘our Portal Provider’s Website’ means the website www.mypeoplebiz.com which is owned, operated and maintained by our Portal Provider (either directly or indirectly).

 

‘Permanent Position’ means a Position which lasts for an indefinite period;

 

‘Portal’ means the website www.mypeoplebiz.com/aco-technologies/ which is owned, operated and maintained by our Portal Provider (either directly or indirectly) on behalf of us.

 

‘Position’ means an actual or proposed engagement with us (whether directly or via an

intermediary), whether temporary, contract or permanent, full time or part-time and whether or not it creates a legal relationship of employer and employee but in any event gives rise to an obligation on the part of us to pay remuneration to the person engaged;

 

‘Prorated Median Salary’ means a Prorated Salary using the Median Salary as the applicable annual salary;

 

‘Prorated Salary’ means a salary pertaining to a Contract Position, which has been calculated by taking the annual salary applicable to a particular job and adjusting it by the same proportion that the length of the contract bears to a calendar year;

 

‘Referral’ means the act of a Referrer informing a Candidate or potential Candidate of a particular Vacancy listed on the Portal, using the standard referral procedure of e-mailing them through the Portal;

 

‘Referral Application’ means the act of a Candidate, following a Referral, submitting their details, including their curriculum vitae, to us using the Portal with a view to being employed or engaged by us to fill a Position advertised on the Portal and when completing the application acknowledging the rule of the Referrer by entering the unique code of the Referrer;

 

‘Referrer’ means a person who refers a Candidate or a potential Candidate to us for a Vacancy that is listed on the Portal;

 

‘Reward’ means the monetary award payable to a Referrer when they refer a Candidate who subsequently makes a Referral Application based on that Referral which then leads to a Successful Placement in a Permanent Position or a Contract Position;

 

‘Successful Placement’ means when a Candidate who applies for a particular Vacancy directly via the Portal or is referred through the Portal by a Referrer for a particular Vacancy or is introduced to us for a particular Vacancy through the Portal by an Agency, is:

      i.        hired by us for the Position; and

     ii.        in respect of a Permanent Position, the Candidate remains employed or engaged by us in the Position for at least eight weeks;

‘Tax’ means all forms of taxation and statutory, governmental, state, federal, provincial, local, government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction; and any penalty, fine, surcharge, interest, charges or costs relating thereto;

 

‘Temporary Position’ means a Position that is not a Permanent Position and for which a successful Candidate who is engaged by us is paid an hourly rate;

 

‘User’ means someone who uses the Portal, regardless of whether or not they make use of the services, including a Referrer, a Candidate and an Agency;

 

‘Vacancy’ means any actual or proposed vacancy for a Position;

 

‘Vacancy Advertisement’ means an advertisement for a Vacancy uploaded to the Portal which includes a brief description of the Vacancy; and

 

‘8 Week Period’ means the period of 8 weeks starting on the first day worked by the Candidate.

 

In these Terms and Conditions:

a.     clause headings shall not affect the interpretation of these Terms and Conditions;

b.    references to clauses are to the clauses of these Terms and Conditions;

c.     a reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts;

d.    a reference to a statute or statutory provision shall include any subordinate legislation made from time to time under that statute or statutory provision;

e.    words in the singular shall include the plural and vice versa;

f.      a reference to ‘writing’ or ‘written’ shall include e-mail;

g.    a reference to any gender shall include all genders;

h.    any phrase introduced by the terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

Part 1 – Your use of the Portal and our relationship with you

This part applies to all Users and sets out the terms relating to information on the Portal and how you use the Portal and the services. In addition, this part sets out the general terms relating to our relationship with you.

1. ACCESS

1.1 You undertake to use the Portal and/or services at all times in accordance with these Terms and Conditions.

         1.2   From time to time, we or our Portal Provider, may restrict access to some parts of the Portal, or the entire Portal, to Users   who have registered with our Portal Provider.

1.3 You are responsible for making all arrangements necessary for access to the Portal. You are also responsible for ensuring that all persons who access our Portal through your internet connection are aware of these Terms and Conditions and that they comply with them.

2. LINKS

2.1 The Portal must not be framed on any other website and you may not link to the Portal.

2.2 You may link to our Portal Provider’s Website homepage provided you do so in a way that is fair and legal and does not damage its reputation or take advantage of it. However, you must not establish a link in any way that suggests any form of association, approval or endorsement on its part where none exists

2.3 Our Portal Provider reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respect with the use provisions of these Terms and Conditions

 

3. INTELLECTUAL PROPERTY RIGHTS

3.1 All Intellectual Property Rights in or relating to the Portal and the material on it (including all text, trade marks, data, graphics, layout, logos, images, audio material, clips, films or other moving images and algorithms) belong to either us or our licensors. Nothing contained in these Terms and Conditions or the Portal should be construed as granting by implication or otherwise, any licence or right to use such Intellectual Property Rights except as otherwise provided below.

3.2 You may print off one copy, and download extracts, of any page(s) from the Portal for your personal reference and you may draw the attention of others to material posted on the Portal. You may not otherwise publish, copy, distribute, modify, transmit or reproduce in any form (whether in hard copy, electronic or otherwise) the information and materials on the Portal without our express permission in writing, nor use the information and materials on the Portal for any commercial purpose not expressly contemplated by these Terms and Conditions. Except in respect of any agreed aspect, no part of the content of the Portal may be incorporated into or stored in any other website or other work in any form.

3.3 If you print off, copy or download any part of the Portal in breach of these Terms and Conditions, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3.4 Notwithstanding the above, caching of the Portal is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.

4. DATA PROTECTION

4.1 All personal data collected from you on or through the Portal will be processed in accordance with our Privacy Policy http://www.mypeoplebiz.com/aco-technologies/

5. USER REQUIREMENTS

5.1  By using the Portal you warrant that you are 18 years of age or older.

5.2  You may use the Portal only for lawful purposes. You must not use the Portal::

5.2.1 in any way that breaches any applicable local, national or international law or regulation;

5.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

5.2.3 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in paragraph 6 below.

5.2.4 to knowingly transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.3  You agree:

5.3.1 not to access without authority, interfere with, damage or disrupt:

5.3.2 any part of our Site;

5.3.3 any equipment or network on which our Site is stored;

5.3.4 any software used in the provision of our Site; or

5.3.5 any equipment or network or software owned or used by any third party.

            5.4  You must not run Maillist, Listserv, any form of auto-responder, or "SPAM" on the Site, or any processes that run or are activated while  a user is not logged in.

 

6. USER CONDUCT AND CONTENT STANDARDS

6.1  These conduct and content standards apply to any and all content and material (including without limitation CVs) you upload to, display on, or distribute or otherwise publish through, the Site (“User Content”) and your use of the Site.

6.2  You must not upload, post, email or otherwise transmit any User Content that:

6.2.1       is libellous, defamatory, obscene, abusive, or otherwise violates any law;

6.2.2        infringes any patent, trademark, database right, trade secret, copyright or other proprietary right of any party;

6.2.3        you do not have the right to transmit under any law or contractual relationship (such as confidential information);

6.2.4        contains any unsolicited or unauthorised advertising, promotional materials, solicitation of funds, spam, chain letter, junk mail or any other form of solicitation for goods or services except in those areas that are clearly designated for such purpose;

6.2.5        contains viruses or any other code, files or programs designed to damage, interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

6.2.6         is pornographic, sexually explicit or obscene.

6.3 User Content must not:  

6.3.1         be likely to deceive any person or made in breach of any legal duty owed to a third party or promote any illegal activity;

6.3.2          be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that it emanates from us, if this is not the case;

6.3.3          advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6.3.4          You shall be civil and show respect for other users. You shall not interfere with another's enjoyment of the Site. You may not target another to cause distress, embarrassment, unwanted attention or other discomfort or invade another’s privacy.

7. TERMINATION AND BREACH OF THESE TERMS AND CONDITIONS

7.1  Without limiting our other remedies, we and/or our Portal Provider reserve the right to suspend or cancel your right to use the Portal, any login or password and/or the services at any time and for any reason, including without limitation, where you are in breach of these Terms and Conditions or are abusing the use of the Portal or the services or where we or our Portal Provider have reasonable grounds to believe that you have breached these Terms and Conditions or have abused the use of the Portal or the services.

7.2  The remedies available to each party under these Terms and Conditions shall include (but not be limited to) all available equitable remedies.

 8. WARRANTIES AND LIABILITY

8.1       Whilst we and our Portal Provider have prepared the content of the Portal in good faith and with reasonable care and skill, we make no representation and give no warranty (express or implied) about any of the content of the Portal (including, but not limited to, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content). Whilst we shall try to keep the material on the Portal up to date, we shall not be liable to you or to any other party for any delays, errors or omissions in doing so

 

8.2       Our Portal Provider does not vet and is not responsible for the content of Vacancies or Vacancy Advertisements. Our Portal Provider is not able to verify and does not warrant in any respect the accuracy of the content (including, but not limited to, any statements and descriptions) of the Vacancies advertised or other information provided by us. Any information in the advertisements or any information included on the Portal is followed by you at your own risk and our Portal Provider and is not liable for any use or reliance you (or anyone who may be informed of its contents) make of or put on it.

 

8.3       Neither we nor our Portal Provider can advise you on issues of employment law and you should consult a suitably qualified lawyer if you have any specific legal questions or problems. Any information contained on the Portal is general information only and nothing on the Portal can be construed as advice on legal or employment issues.

 

8.4         Our Portal Provider will do its best to ensure that the Portal operates properly at all times, but it makes no representations and gives no warranties as to the availability or accessibility of the Portal and it reserves the right to alter any part of the Portal at any time and to suspend or withdraw the Portal at any time and for any reason.

 

8.5       Our Portal Provider acts as a passive conduit for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to these Terms and Conditions, we or our Portal Provider may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the communication. Neither we, nor our Portal Provider, have any liability or responsibility to Users for performance or non-performance of such activities. We and our Portal Provider reserve the right to expel Users and prevent their further access to the Portal for violating these Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. We, or our Portal Provider, may take any action with respect to User submitted information that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or our Portal Provider, or may cause us or our Portal Provider,  to lose (in whole or in part) the services of our internet service providers or other suppliers. Our Portal Provider shall not, and is under no obligation to, become involved in, or concern itself with, any dispute which may arise between a Referrer and/or a Candidate and/or us in respect of a Vacancy including, but not limited to, any dispute about the quality of work, hours of work or pay.

 

8.6       To the extent that we, or our Portal Provider, are found to be liable to you in respect of the Portal or the Services (whether arising from breach of contract, negligence, breach of any common law or statutory duty to take reasonable care or exercise reasonable skill, or otherwise) our entire liability to you shall, subject to clause 8.7 and 8.8 below, be limited in aggregate to the sum of £500.

 

8.7       Neither we, nor our Portal Provider, shall be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Portal or to your downloading of any material posted on it, or any website linked to it.

 

8.8       Neither we, nor our Portal Provider, shall be liable (whether arising from breach of contract, negligence or otherwise) for any direct, indirect or consequential loss or damage incurred by any User in connection with the Portal or in connection with the use, inability to use (whether through any software failure or technical malfunction of the Portal), or results of the use of the Portal, any websites linked to it and any materials posted on it, or as a result of any lack of availability or accessibility of the Portal and any event beyond our or our Portal Provider’s reasonable control including, without limitation, any liability for any loss of profits, loss of income, loss of contracts, loss of data, loss of revenue, loss of anticipated savings, wasted management or office time, loss of business or goodwill, and whether or not we have been advised of the possibility of the loss or whether such loss is foreseeable.

 

8.9       Nothing within these Terms and Conditions operates so as to exclude, limit or restrict our liability for death or personal injury or for any other liability, the exclusion of which is expressly prohibited by statute

8.10     A Candidate may only apply once for each Vacancy, whether this is a Referral Application following a Referral by a Referrer, a Direct Application or an Introduction by an Agency. The Portal is programmed to accept only the Referral Application, Direct Application or Introduction it receives first in time. If for any reason the Portal permits a Candidate to apply more than once for a particular Vacancy then the Referral Application, Direct Application or Introduction received by the Portal first in time (which our Portal Provider shall verify from the Portal’s data) shall prevail. We accept no liability whatsoever in relation to any instances where the Portal permits multiple applications from or on behalf of a Candidate for the same Vacancy.

9. FEES

9.1       Fees in respect of a Successful Placement of a Permanent Position will be calculated using the Median Salary. We are entitled to determine the exact amount of any Fee.

 

9.2       We are under no obligation to include the Median Salary in the Display Salary. In some instances, the Display Salary may differ from the Median Salary. For example, if the Median Salary is £32,500 (being the mid-point of the salary ranges £30,000 and £35,000 entered by us when creating the Vacancy Advertisement), the Display Salary may read ‘up to £35,000 plus benefits’. We accept no responsibility or liability for any discrepancies between the Median Salary and the Display Salary.

 

9.3       The Fee you receive will be the Fee amount which is displayed on the Vacancy Advertisement and this is regardless of the final salary figure offered to the Candidate. We shall not be liable for any loss you may suffer as a result of any variation between the final salary figure offered to the Candidate and the Median Salary.

 

9.4       The Fee available for Contract Positions is calculated in the same way as the Fees for Permanent Positions, save that for Contract Positions the calculation is based on the Prorated Median Salary.

 

9.5       You will not, at this time, be eligible for Fees for the successful Referral, Application or Introduction of Candidates for Temporary Positions. We may implement this feature in the future, at which time you will or may be eligible for Fees for such successful Referrals, Applications or Introductions relating to Temporary Positions as we see fit.

 

9.6       You are responsible for paying any Tax which becomes due by you as a result of us paying you any Fee and you shall indemnify us against any liability for Tax due by you which results from such a Fee. Our Portal Provider reserves the right, if required by law, to withhold any part of the Fee in circumstances in which it is required to pay any withholding tax or deduction and our Portal Provider shall pay you your Fee net of such withholding tax or deduction.

 

9.7       Your contract is with us, not with our Portal Provider so, in the event that we continue to withhold monies owed beyond the time period as described in Part 2, 3 or 4, as applicable, it will be your responsibility to take legal action against us for your Fees if you wish to do so. Our Portal Provider will not be held responsible for the payment of your Fees in such a situation, and will not be under any obligation to provide you with legal aid or assistance.

               

10  GENERAL

10.1    If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and that provision shall not affect the validity and enforceability of any remaining provisions.

10.2    All notices which we need to give to you under these Terms and Conditions will be sent by us to your registered e-mail address and all notices which you give to us under these Terms and Conditions are to be sent to us at ACO Technologies plc,  ACO Business Park’  Hitchin Road,  Shefford,  Bedfordshire,  SG17 5TE

10.3    No failure or delay by us in exercising our rights under these Terms and Conditions will be deemed to be a waiver of that right, and no waiver by us of any breach will be considered as a waiver of any subsequent breach

10.4     All rights not expressly granted in these Terms and Conditions are reserved to us

10.5    These Terms and Conditions together with the Privacy Policy (and any other conditions specifically agreed between us to apply) set out the entire agreement between you and us in respect of the use of the Portal and the services. They supersede any previous agreement or understanding in relation to the subject matter hereof. We may revise these Terms and Conditions and the Privacy Policy at any time by amending this page. You are expected to check this page or the Portal from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Portal

10.6    The Portal is currently only intended for the information and use of residents in the UK. We make no claims that the content of the Portal may be lawfully viewed or downloaded outside of the UK. Access to the content of the Portal may not be legal to certain persons or in certain countries. If you access the Portal from outside the UK, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you list your place of residence, when registering to use the Portal, as being in the United Kingdom then you are representing to us that you are a resident of the United Kingdom and we will and are entitled to rely on this representation for the purposes of providing you with the Services and permitting you to use the Portal

10.7   Any delay in or failure by us to perform any obligation under these Terms and Conditions shall not constitute a breach of such obligation if and to the extent that such delay or failure is caused by Force Majeure. If our obligation(s) cannot be performed on time or at all as a direct result of Force Majeure we shall use all reasonable endeavours to minimise the effect of the Force Majeure.

10.8     These Terms and Conditions shall be governed by, and construed in accordance with, the laws of England and Wales and both we and you submit to the exclusive jurisdiction of the English courts.

10.9     The Contracts (Rights of Third Parties) Act 1999 will apply to these Terms and Conditions only insofar as either you or us may enforce any term of these Terms and Conditions where that term confers a benefit upon either you or us (as the case may be) and Candidates, Referrers and Agencies who are entitled to receive a Bonus, Reward or Introduction Fee from us under these Terms and Conditions are given express rights to enforce such payment obligations against us in the event of any non payment of all or part of the amount due.

 

The following parts relate specifically to the following Users respectively:

•         §   Agencies
•         §   Referrers
•         §   Jobseekers/Candidates

Part 2 – Referrers

Referrers are paid Rewards for successful Referrals for Permanent Positions and Contract Positions through the Portal (see ‘Rewards’ clause 12 below.)

For the avoidance of doubt, you, the Referrer, are contracting directly with us and agreeing to the terms of business below.

This Part sets out the terms which apply to the Referral of another person for a Vacancy advertised on the Portal.

11  REFERRING A PERSON FOR A VACANCY

11.1     If you think someone you know may be interested in applying for a Vacancy advertised on the Portal, then you can refer that person to that Vacancy. You can refer as many people as you wish.

11.2   Before you can refer a Candidate or a potential Candidate for a Vacancy for the first time you must register on the our Portal Provider’s Website by completing the online registration form. Once you have submitted your details, an e-mail will be sent to you confirming your User ID and successful registration

11.3    Your details will be stored in a ‘Profile’, which you will be able to access (using your User ID and password) at any time. You are responsible for keeping the personal information in your Profile correct and up to date. If your details change, you undertake to update your Profile as soon as reasonably possible.

11.4    Our Portal Provider will take such measures to preserve your confidentiality in accordance with its Privacy Policy. In addition to this, your identity will not be revealed to us at any point during the Referral process. This clause is subject to any legal obligations that our Portal Provider may have, or become subject to, (including but not limited to court orders) to disclose information pertaining to you. The only instance in which you may be required to reveal your identity would be in the event of the failure of us to pay your Reward

11.5      A Referral is made and is effected only when:

 

11.5.1  a Candidate, applying for a Vacancy, enters the unique code assigned to your Referral of them for that Vacancy; and

11.5.2  you receive a confirmation e-mail of this via our Portal Provider’s Website.

 

11.6     On each occasion that you refer a Candidate or a potential Candidate for a Vacancy, you will be asked to provide the Candidate's or potential Candidate’s name and e-mail address to our Portal Provider. Our Portal Provider will provide you with a framework to customise an e-mail which will be sent from our Portal Provider’s Website to the Candidate or a potential Candidate, confirming that you have referred them for a Vacancy advertised on the Portal.

 

11.7     When a Referrer refers a Candidate or potential Candidate for a particular Vacancy, the Candidate will receive a referral email containing a unique referral code that links that Referrer with that particular referral. The Candidate can view the job advertisement and application form and apply for the referred vacancy by clicking on the “view and apply” button in the referral email. The unique referral code will automatically appear at the bottom of the application form. If the Candidate submits their application via this form, the application is automatically linked to the Referrer, so, if the Candidate is successfully placed in the job that Referrer will receive the Reward. Candidates are advised that if more than one Referrer refers the same Candidate or potential Candidate for a particular Vacancy, the fairest course of action when applying for that Vacancy is to apply via the referral email they received first in time. In practice, however, the Candidate is free to decide which Referrer should receive the Reward by applying for the job via the referral email of their choice.

 

11.8     On receiving a referral e-mail, a Candidate reserves the right, should they wish, to apply for the Vacancy and omit the unique referral code if they do not wish the Referrer to be eligible for a Reward for whatever reason.

 

12  REWARDS

12.1    Vacancies for Permanent Positions and Contract Positions advertised on the Portal are allocated a ‘Reward’ at the time the Vacancy Advertisement is posted on the Portal by us. Details of the Reward available for each Vacancy are displayed on the Vacancy Advertisement.

12.2     You, as a Referrer, will contract directly with us on the Terms and Conditions applicable to Referrers (Part 2). Each Referral you make which results in a Successful Placement, subject to the Candidate selecting you to receive a Reward, will entitle you to receive payment of the Reward advertised alongside the Vacancy on the Portal. If our Portal Provider does not receive notice from us by the end of the 8 Week Period that the Candidate you referred who was offered and accepted the Position has ceased to be employed or engaged during that period, our Portal Provider will conclude that there has been a Successful Placement.

12.3    When a Candidate who you have referred for a Vacancy with us is offered the Position by us, and that Candidate accepts that Position, you will be contacted through our Portal Provider’s Website via e-mail to notify you of this. 

12.4     Our Portal Provider shall not be responsible for the failure by us to update the application status of a Candidate on the Portal and therefore our Portal Provider shall not be responsible for its resultant inability to inform you of the recruitment of a Candidate you referred. We recommend that you maintain contact with your Candidates and inform our Portal Provider if you believe you have made a Referral which has led to the employment or engagement of a Candidate but which has not been confirmed by us on the Portal. Queries can be directed to our Portal Provider using the contact details set out on our Portal Provider’s Contact Us page.

12.5     You will need to invoice our Portal Provider for the Reward amount that is relevant to that placement within 28 days of the date of commencement of the Candidate’s employment or engagement (‘Start Date’). The Reward amount is quoted on the Vacancy Advertisement and in the email correspondence you will receive from our Portal Provider throughout the recruitment process. Invoices must be emailed to accounts@mypeoplebiz.com . Your invoice must contain your name, address and contact details, your unique Referral code, the Candidate’s name, the job reference and the Reward amount. If our Portal Provider does not receive an invoice from you within 28 days of the Start Date our Portal Provider will be under no obligation to invoice us for the Reward. 

12.6     If your Referral results in a Successful Placement, eight weeks and one day from the Start Date you will receive an e-mail from the our Portal Provider website notifying you of your eligibility for a Reward. Our Portal Provider’s knowledge of your Candidate’s Start Date relies upon accurate information provided to it by us via the Portal. We are required to update your Candidate’s status, on their Start Date, to read ‘Commenced Employment’. It is our responsibility to ensure that the Start Date entered on the Portal is accurate. If you believe that we have entered an inaccurate Start Date or have not entered a Start Date when we should have done, please contact our Portal Provider and our Portal Provider will investigate.

 

12.7     Our Portal Provider will invoice us and receive payment of your Reward on your behalf.  Provided our Portal Provider has received an invoice from you as described in clause 12.5, you should allow 21 days from the completion of the 8 Week period, to receive your cheque from our Portal Provider.  In the case of a Permanent Position or a Contract Position that has a term that is longer than eight weeks, should the employment or engagement of an introduced Candidate terminate within the 8 Week Period, we will not be liable to pay you the Reward. If termination takes place after the 8 Week Period, the entire Reward will be due.

 

Part 3 – Candidates

Candidates are paid a sign-on bonus when successfully placed through the Portal following a Referral or Direct Application, including as a result of an approach by us through a Candidate Search, but not if they are introduced by an Agency. (See ‘Bonuses’ clause 14 below).

For the avoidance of doubt, you, the Candidate, are contracting directly with us and agreeing to the terms of business below.

This Part sets out the terms which apply to Candidates who are:

a.    referred by Referrers for Positions advertised as Vacancies through the Portal; or

b.   apply for Positions advertised as Vacancies through the Portal, either directly or as a result of an approach by us through a Candidate Search.

 

13  APPLICATIONS

13.1     If you wish to make a Direct Application for a Position advertised on the Portal, you must register on our Portal Provider’s Website by completing the online Candidate registration form. Once you have submitted your details, an e-mail will be sent to you confirming your User ID and successful registration.

13.2    If you receive a Referral e-mail for a Vacancy and you wish to apply for that Vacancy, you must begin the application process (a Referral Application) by entering the unique referral code in the e-mail you receive if you wish the Referrer to be eligible for a Reward should your application be successful. If more than one person refers you for the same Vacancy, you will receive a unique code in respect of each Referral. We advise that the fairest course of action in such a situation would be to enter the referral code you received first in time; however, in practice you are free to decide which Referrer should receive the Reward by entering the unique referral code of your choice upon applying for the Vacancy.

13.3     If you wish to apply for a Vacancy for which you have received a Referral e-mail, but do not wish the Referrer to receive a Reward should your application be successful, you must go directly to the Portal and apply (a Direct Application) and not enter the unique code contained in their Referral e-mail when applying for the Vacancy. You will receive exactly the same Bonus whether you make a Direct Application or a Referral Application following a Referral for the Vacancy by a Referrer. In the event that you are referred for a Vacancy by someone you do not know, please direct any concerns or complaints to us using the contact details set out on our Contact Us page.

13.4    Your details will be stored in a ‘Profile’, which you will be able to access (using your User ID and password) at any time. You are responsible for keeping the personal information in your Profile correct and up to date. If your details change, you undertake to update your Profile as soon as reasonably possible.

13.5    Our Portal Provider will take such measures to preserve your confidentiality in accordance with its Privacy Policy. This clause is subject to any legal obligations that our Portal Provider may have, or become subject to, (including but not limited to court orders) to disclose information pertaining to you.

13.6     Once you have applied for a Vacancy, whether via a Referral Application following receipt of a Referral or a Direct Application through browsing the Portal yourself, you should receive all further communications from us, informing you whether or not we wish to consider you for the Vacancy and arranging interview times, if applicable. By applying for a Vacancy, you are consenting to your contact details being made available to us.

13.7     If a Vacancy is referred to you by a Referrer, you must check that the Position is suitable for you. Neither we, nor our Portal Provider take any responsibility for the ability of any Referrer to recommend a suitable Position for you.

13.8      In the event that a particular Position requires you to have certain qualifications or authorisations you will:

13.8.1  obtain copies of the relevant qualifications or authorisations and provide these to us; and

13.8.2  take all other steps that are reasonably required by us to ensure that you are suitable for the specific Position. You acknowledge that all qualifications and authorisations may be verified by us.

 

13.9      You acknowledge that our Portal Provider does not act as an agent for us, nor does our Portal Provider act as your agent. Our Portal Provider shall also not act as an intermediary between you and us, and you acknowledge and agree that our Portal Provider shall not enter into correspondence or discussions or negotiations with us on your behalf

14  BONUSES

14.1    With the exception of Temporary Positions,  Vacancies advertised on the Portal offer a Bonus payable by us to Candidates who are the subject of a Successful Placement as a result of a Direct Application or a Referral Application. Details of the Bonus available for each Vacancy are displayed on the Vacancy Advertisement.

14.2    You may be eligible for a Bonus from us if you make a Direct Application, or a Referral Application, for a Permanent Position or a Contract Position. The amount of the Bonus will be the same regardless of whether you apply directly or are referred. You will not be eligible for a Bonus for a Successful Placement if you are introduced for a Position by an Agency.

14.3    You  may be eligible for a Bonus from us if you make a Direct Application for a Vacancy as a result of us finding your profile and/or CV on our Portal Provider’s Website following a Headhunting or Candidate Search. To obtain a Bonus in this way you will need to upload your profile and/or CV onto our Portal Provider’s Website to enable us to view your details via a Headhunting or Candidate Search. If we carry out a search and find your profile and/or CV we can send you an email via our Portal Provider’s Website, inviting you to make a Direct Application for a particular Vacancy. If you wish to apply for the Vacancy you will then make a Direct Application in the usual way and if your application is successful, you will be eligible for a Bonus.

14.4     You, as a Candidate, will contract directly with us on the Terms and Conditions applicable to Candidates (Part 3). The Bonus will only be payable by us if your application results in your Successful Placement. If our Portal Provider does not receive notice from us by the end of the 8 Week Period that you, the Candidate, have ceased to be employed or engaged during this period, our Portal Provider will conclude that the application has resulted in a Successful Placement and will send a notice to us informing us that you are eligible for a Bonus.

14.5     Our Portal Provider shall not be responsible for the failure by us to update your application status on the Portal. If you have accepted or rejected an offer of employment through the Portal but this has not been confirmed by us on the Portal, please inform our Portal Provider using the contact details set out on our Portal Provider’s Contact Us page

14.6     If your application results in a Successful Placement, eight weeks and 1 day from the date of commencement of your employment or engagement (‘Start Date’) you will receive an e-mail from the our Portal Provider’s Website notifying you of your eligibility for a Bonus. Our Portal Provider’s knowledge of your Start Date relies upon accurate information provided to it by us via the Portal. We are required to update your status, on your Start Date, to read ‘Commenced Employment’. It is our responsibility to ensure that the Start Date entered on the Portal is accurate. If our Portal Provider has reason to believe that it is not accurate, it reserves the right to adjust the Start Date accordingly and in such circumstances the 8 Week Period will be deemed to have commenced from the adjusted Start Date. If you believe that we have entered an inaccurate Start Date or have not entered a Start Date when we should have, please contact our Portal Provider and it will investigate.

14.7     When you receive the email from our Portal Provider notifying you that you have made a Successful Placement, we will make arrangements to credit the Bonus to you through our payroll.

14.8     In the case of a Permanent Position or a Contract Position that has a term that is longer than eight weeks, should the employment or engagement of you as a Candidate terminate within the 8 Week Period, we will not be liable to pay you the Bonus. If termination takes place after the 8 Week Period, the entire Bonus will be due.

14.9     For Contract Positions that are for terms or periods of less than eight weeks we are liable to pay you the Bonus provided your employment or engagement does not terminate before expiry of the term or period of your employment or engagement.

Part 4 – Agencies

This Part sets out the terms which apply to the Introduction of a Candidate by an Agency to us for a Vacancy advertised on the Portal.

Agencies are paid Introduction Fees for successful Introductions for Permanent Positions and Contract Positions through the Portal (see ‘Introduction Fees’ clause 19 below.)

For the avoidance of doubt, you, the Agency, are contracting directly with us and agreeing to the terms of business below.

15  VACANCIES OFFERED

 

15.1     When posting a Vacancy Advertisement on the Portal, we will categorise the Vacancy Advertisement as either public or confidential. Public vacancies can be viewed by any User whilst a confidential Vacancy can only be viewed by one or more Agencies nominated by the us to view the particular Vacancy (‘Preferred Agency’). The Preferred Agency must contract with us on terms of business to be agreed between the Preferred Agency and us on a case by case basis.

16  INTRODUCTIONS

16.1     An Introduction is made and is effected only upon you receiving e-mail confirmation of this from the our Portal Provider’s Website. An Introduction will remain valid for a period of three months from the date that it is effected, but only specifically for the Vacancy for which the Candidate has been introduced. If an offer of employment or engagement has not been made and accepted within 3 months, the Introduction will lapse.

16.2     When introducing a Candidate, you are required to enter certain details pertaining to that Candidate, including the Candidate’s mobile telephone number, email address, full name including middle name and post code. (Please note – this information is for system tracking purposes and to avoid duplicate applications only.) You agree to provide true and accurate information. If any of the information you enter regarding a Candidate is found to be false, your Introduction may be declared null and void.

16.3     Each time that you introduce a Candidate for a Vacancy, an automated e-mail will automatically be sent by our Portal Provider’s Website to the Candidate informing the Candidate that he has been introduced for that Vacancy. The e-mail will also set out the role and the job specification in respect of the Vacancy.

16.4     Once you have introduced a Candidate for a Vacancy, you should receive all further communications from us, informing you whether or not we wish to consider your Candidate for the Vacancy and arranging interview times, if applicable. You will be responsible for communicating such information to your Candidate. By introducing a Candidate for a Vacancy, you are consenting to your contact details being made available to us.

16.5      In the event that a particular Position requires the Candidate to have certain qualifications or authorisations you will:

16.5.1  obtain copies of the relevant qualifications or authorisations and provide these to us; and

16.5.2  take all other steps that are reasonably required by us to ensure that your Candidate is suitable for the specific Position. You acknowledge that all qualifications and authorisations may be verified by us.

 

17  INTRODUCTION FEES

17.1     There is no fee payable to us for registration on the Portal.

17.2     Vacancies for Permanent Positions and Contract Positions advertised on the Portal are allocated an Agency introduction fee (the ‘Introduction Fee’) at the time the Vacancy Advertisement is posted on the Portal by us. Details of the Introduction Fee available for each Vacancy are displayed on the Vacancy Advertisement.

17.3     You, as an Agency, will contract directly with us on the Terms and Conditions applicable to Agencies (Part 4). For each Introduction you make, which results in a Successful Placement, you will be entitled to receive payment from us of the stated Introduction Fee.

17.4     When a Candidate who you have introduced for a Vacancy with us is offered the Position by us, and that Candidate accepts that Position, you will be contacted through the our Portal Provider’s Website via e-mail to notify you of this.

17.5     Our Portal Provider shall not be responsible for the failure by us to update the status of a Candidate on the Portal and therefore our Portal Provider shall not be responsible for its resultant inability to inform you through the our Portal Provider’s Website of the recruitment of a Candidate you introduced. Our Portal Provider recommends that you maintain close contact with your Candidates and inform our Portal Provider if you believe you have made an Introduction which has led to the employment or engagement of a Candidate but which has not been confirmed by us on the Portal. Queries can be directed to our Portal Provider using the contact details set out on our Portal Provider’s Contact Us page

17.6     If your Introduction results in a Successful Placement, on the date of commencement of the Candidate’s employment or engagement (‘Start Date’) you will receive an automated e-mail from the our Portal Provider’s Website notifying you of this. Please note that our Portal Provider’s knowledge of your Candidate’s Start Date relies upon accurate information provided to it by us via the Portal. We are required to update your Candidate’s status, on their Start Date, to read ‘Commenced Employment’. It is our responsibility to ensure that the Start Date entered on the Portal is accurate; and if our Portal Provider has reason to believe that it is not, it reserves the right to adjust the Start Date accordingly. If you believe that we have entered an inaccurate Start Date or have not entered a Start Date when we should have done, please contact our Portal Provider and it will investigate.

17.7      Once you receive the email described in clause 17.7 above, confirming that the placement has been successful, your Introduction Fee is payable by us. Under these Terms and Conditions, you are required to invoice our Portal Provider, who will administer payment on our behalf, for the Introduction Fee amount that is relevant to that placement. This is quoted on the vacancy advertisement and in the email correspondence you will receive from our Portal Provider throughout the recruitment process. Invoices must be emailed to accounts@mypeoplebiz.com . Your invoice must contain your company name, address and contact details, the Candidate’s name, the job reference and the Introduction Fee amount. Invoices will be paid within Fourteen days of receipt.

17.8     In the case of a Permanent Position or a Contract Position, should the employment or engagement of an introduced Candidate terminate within the first 8 weeks from the first day worked by the Candidate, you will repay 100% of the Introduction Fee within fourteen days of being notified of the termination of the Candidate’s employment

17.9     In the case of a Permanent Position or a Contract Position, should the employment or engagement of an introduced Candidate terminate within the first 8 weeks from the first day worked by the Candidate, you will repay 100% of the Introduction Fee within fourteen days of being notified of the termination of the Candidate’s employment.

 

 

 

 

ACO Technologies ("We") are committed to protecting and respecting your privacy. 

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. For the purpose of the Data Protection Act 1998 (theAct), the data controller is the HR team at ACO Technologies of ACO Business Park, Hitchin Road, Shefford, Bedfordshire, UK

SG17 5TE. This policy should be read in conjunction with the our web sites privacy policies of the groups various websites accessed from http://www.aco.co.uk

This careers portal (“Portal”) is provided by and operated on our behalf by MyPeopleBiz Ltd of C/O AG Tax, 145 Leadenhall Street, London, EC3V 4QT and which trades as MyPeopleBiz from MyPeopleBiz’s website www.mypeoplebiz.com (the “Site”).  

 

You may have already submitted personal information to MyPeopleBiz through the Site.  MyPeopleBiz has its own privacy policywww.mypeoplebiz.com/privacy-policy and terms and conditions for the Site www.mypeoplebiz.com/terms Please read these to understand how MyPeopleBiz uses and protects the information that you provide via the Site. 

 

Information we may collect

We may collect and process the following data about you:

§  Information that you provide by filling in forms on the Portal. This includes information provided at the time of registering to use our Portal, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Portal.

§  Your CV, if you upload it to our Portal.

§  If you contact us, we may keep a record of that correspondence.

§  We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

§  Details of transactions you carry out through our Portal and of the fulfilment of your orders.

§  Details of your visits to our site and the resources that you access.

§  [If you login to our Portal using an existing MyPeopleBiz profile, your MyPeopleBiz personal profile will be transferred by MyPeopleBiz to us.  Your personal profile will comprise the information that you submitted upon registering with the Site (as updated by you).]

§  We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

Cookies

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate.

If you register with us or if you use or continue to use our Portal, you agree to our use of cookies.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

Uses made of the information

       We use information held about you in the following ways:

§  If you apply for a job through our Portal, to evaluate your application for such job.

§  To provide you with information or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

§  To carry out our obligations arising from any contracts entered into between you and us.

§  To allow you to participate in interactive features of our service, when you choose to do so.

§  To ensure that content from our site is presented in the most effective manner for you and for your computer.

§  To notify you about changes to our service.

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

 

Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

 

We may disclose your personal information to third parties:

§  In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

§  If ACO Technologies or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

§  If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the terms of any agreement; or to protect the rights, property, or safety of ACO Technologies, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us at ACO Technologies, HR Team, ACO Business Park, Hitchin Road, Shefford, Bedfordshire, UK

SG17 5TE.

 

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

 

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

 

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

 

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to ACO Technologies, HR Team at ACO Business Park, Hitchin Road, Shefford, Bedfordshire, UK SG17 5TE.