The following terms & conditions of business (‘Terms and Conditions’) regulate your use of this Portal at http://www.mypeoplebiz.com/jessopscareers/jobs/default.aspx (the ‘Portal’) which includes Vacancy listings and information about Jessops. Jessops 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 offered 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 (‘MPB’).

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 and is either already registered as a ‘Candidate’ on the MPB Website or becomes registered as a result of making a Referral Application, a Direct Application 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;

‘Candidate Search’ means a search of the MPB Website by us of Candidates’ profiles and/or CVs that the Candidates have uploaded onto the MPB Website;

‘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 13), Bonuses (clause 16) and Introduction Fees (clause 19);

‘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.

‘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;

 

‘MPB Website’ means the website  which is owned, operated and maintained by MPB (either directly or indirectly).

 

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

 

‘Portal’ means the website  which is owned, operated and maintained by MPB (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 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

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 MPB, may restrict access to some parts of the Portal, or the entire Portal, to Users who have registered with MPB.

1.3 MPB will do its best to ensure that the Portal operates properly at all times, but it make no representations and give 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. Save as otherwise set out in these Terms and Conditions neither we, nor MPB, shall be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Portal and any event beyond it or our reasonable control.

1.4 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 You may link to the MPB Website homepage provided you do so in a way that is fair and legal and does not damage our 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 our part where none exists. MPB 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.

2.2 The Portal must not be framed on any other website and you must not create a link to any part of our Portal.

2.3 Any link (be it a hypertext link or other referral device) to any content of any other website (‘3rd Party Website’) accessed through the Portal is provided solely for the use and convenience of the User. We do not endorse or approve the content of any 3rd Party Website. We are not responsible for the content of any 3rd Party Website nor will we have any liability in connection with any 3rd Party Website (including, but not limited to, liability arising out of any allegation that the content of any 3rd Party Website infringes any law or the rights of any person or entity).

     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 download the Portal to your computer and print or copy extracts from the Portal for your personal use only (limited to one copy of each extract or page). 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 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.

     5. USER REQUIREMENTS

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

5.2 You agree not to do any of the following:

5.2.1 defame, abuse, harass, threaten or otherwise violate or infringe the rights of any person or entity (including, but not limited to, any Intellectual Property Rights or privacy rights) whilst using the Portal;

5.2.2 use the Portal (or any part thereof) for any illegal purpose or in breach of any relevant laws;

5.2.3 use the Portal (or any part thereof) in a way that may cause the Portal to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Portal is in any way impaired or cause any data stored via the Portal to be corrupted;

5.2.4 impersonate any person or entity nor attempt any unauthorised access to any part or component of the Portal;

5.2.5 attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Portal;

5.2.6 gain, or attempt to gain, unauthorised access to the Portal, the server on which our Portal is stored or any server, computer or database connected to our Portal. You must not attack our Portal via denial of service or a distributed denial of service attack; nor

5.2.7 upload any data, programme, or other device, which contains viruses, Trojan horses, worms, logic bombs or any other such harmful implements intended to cause damage to or interfere with the Portal or intended to obtain personal information or data.

5.3 You agree that in the event that you have any right, claim or action against any other User arising out of that User's use of the Portal, then you will pursue such right, claim or action independently of, and without recourse to us or MPB.

     6. TERMINATION AND BREACH OF THESE TERMS AND CONDITIONS

6.1 Without limiting our other remedies, we and/or MPB 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 MPB have reasonable grounds to believe that you have breached these Terms and Conditions or have abused the use of the Portal or the services.

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

     7. WARRANTIES AND LIABILITY

7.1 Whilst we 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.

7.2 MPB do not vet and are not responsible for the content of Vacancy Advertisements. The details and description of the Vacancies advertised are supplied by those advertising the Vacancies. MPB are not able to verify 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 MPB do not warrant the accuracy of the content in any respect and are not liable for any use or reliance you (or anyone who may be informed of its contents) make of or put on it.

7.3 Neither we nor MPB 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.

7.4 MPB 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 are 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 MPB 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 MPB, have any liability or responsibility to Users for performance or non-performance of such activities. We and MPB 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 MPB, 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 MPB, or may cause us or MPB,  to lose (in whole or in part) the services of our internet service providers or other suppliers.

7.5 To the extent that we, or MPB, 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 7.7 below, be limited in aggregate to the sum of £500.

7.6 Neither we, nor MPB, shall be liable for any loss or damaged 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.

7.7 Neither we, nor MPB, 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, 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.

7.8 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.

7.9 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 MPB 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.

     8. YOUR LIABILITY

8.1 You hereby indemnify us and agree to keep us indemnified against any and all claims, damages, losses, liabilities and costs arising from and in connection with:

8.1.1 your misuse and abuse of the Portal and/or Services;

8.1.2 any breach of clauses 5.2 or 5.3;

8.1.3 your breach of these Terms and Conditions including, for the avoidance of doubt, any materials you submit to the Portal or encourage any third parties to submit.

     9. FEES

9.1 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.

9.2 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.

9.3 The Rewards available for Contract Positions are calculated in the same way as the Rewards for Permanent Positions, save that for Contract Positions the calculation is based on the Prorated Median Salary.

9.4 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.

9.5 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. MPB 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 MPB shall pay you your Fee net of such withholding tax or deduction.

9. 6 For Contract Positions that are for terms or periods of less than eight weeks we are liable to pay you the Fee provided the Candidate’s employment or engagement does not terminate before expiry of the term or period of such employment or engagement.

9.7 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 first 8 weeks from the first day worked by the Candidate (the ‘Eight Week Period’), we will not be liable to pay you the Fee. If termination takes place after the first eight weeks, the entire Fee will be due.

9.8 Your contract is with us, not with MPB 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. MPB 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 jointheteam@jessops.com

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 13 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. VACANCIES OFFERED

11.1 No warranties or representations are made in respect of any Vacancies advertised on the Portal, including, but not limited to, the quality of any Position.

11.2 MPB 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.

     12. REFERRING A PERSON FOR A VACANCY

12.1 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.

12.2 Before you can refer a Candidate or a potential Candidate for a Vacancy for the first time you must register on the MPB 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.

12.3 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.

12.4 MPB 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 MPB 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.

12.5 A Referral is made and is effected only when:

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

b)      You receive a confirmation e-mail of this via the MPB Website.

12.6 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 MPB. MPB will provide you with a framework to customise an e-mail which will be sent from the MPB Website to the Candidate or a potential Candidate, confirming that you have referred them for a Vacancy advertised on the Portal.

12.7 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.

12.8 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.

     13. REWARDS

13.1 Vacancies for Permanent Positions and Contract Positions advertised on the Portal are allocated a Referral fee (the ‘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. The amount of the Reward payable for the successful Referral of a Candidate for a Permanent Position will be calculated using the Median Salary. We are entitled to determine the exact amount of the Reward.

13.2 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 MPB does not receive notice from us by the end of the eighth week from the date a Candidate commenced work that the Candidate you referred who was offered and accepted the Position has ceased to be employed or engaged during that period, MPB will conclude that there has been a Successful Placement.

13.7 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 the MPB Website via e-mail to notify you of this.

13.8 MPB shall not be responsible for the failure by us to update the application status of a Candidate on the Portal and therefore MPB 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 MPB 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 MPB using the contact details set out on MPB’s Contact Us page.

13.9 If your Referral results in a Successful Placement, eight weeks and one day from the date of commencement of the Candidate’s employment or engagement (‘Start Date’) you will receive an e-mail from the MPB website notifying you of your eligibility for a Reward. MPB’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’. The eight week period will commence from the Start Date. 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 MPB and MPB will investigate.

13.10 When you receive the email from MPB notifying you that you have made a Successful Placement, you will need to invoice MPB for the Reward amount that is relevant to that placement. This is quoted on the Vacancy Advertisement and in the email correspondence you will receive from MPB 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 MPB does not receive an invoice from you within 28 days of receipt of the email from MPB notifying you that you have made a Successful Placement MPB will be under no obligation to invoice us for the Reward.

13.11 MPB will invoice us and receive payment of your Reward on your behalf. Provided MPB has received an invoice from you as described in clause 13.10, you should allow 60 days, from the point at which you are notified of a Successful Placement, to receive your cheque from MPB.

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 16 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.

     14. VACANCIES OFFERED

14.1 No warranties or representations are made in respect of any Vacancies advertised on the Portal, including, but not limited to, the quality of any Position.

14.2 MPB 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.

     15. APPLICATIONS

15.1 If you wish to make a Direct Application for a Position advertised on the Portal, you must register on the MPB 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.

15.2 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.

15.3 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.

15.4 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.

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

15.6 Once you have applied for a Vacancy, whether via a Referral Application following 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.

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

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

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

b)      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.

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

     16. BONUSES

16.1 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. The amount of the Bonus payable by us to you if your application for a Permanent Position is successful will be calculated using the Median Salary. We are entitled to determine the exact amount of the Bonus.

16.2 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.

16.3 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 MPB’s Website following a Candidate Search. To obtain a Bonus in this way you will need to upload your profile and/or CV onto the MPB Website to enable us to view your details via a Candidate Search. If we carry out a search and find your profile and/or CV we can send you an email via the MPB 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.

16.4 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 we do not receive notice from us by the end of the eighth week from the date you commenced work that you, the Candidate, have ceased to be employed or engaged during this period, MPB 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.

16.5 MPB 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 MPB using the contact details set out on MPB’s Contact Us page.

16.6 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 MPB Website notifying you of your eligibility for a Bonus. MPB’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’. The eight week period will commence from the Start Date. It is our responsibility to ensure that the Start Date entered on the Portal is accurate; and if MPB has reason to believe that it is not, it reserves the right to adjust the Start Date accordingly and in such circumstances the eight 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 MPB and it will investigate.

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

16.8 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.

     17. VACANCIES OFFERED

17.1 No warranties or representations are made in respect of any Vacancies advertised on the Portal, including, but not limited to, the quality of any Position.

17.2 MPB 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.

17.3 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.

18. INTRODUCTIONS

18.1 An Introduction is made and is effected only upon you receiving e-mail confirmation of this from the MPB 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.

18.2 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.

18.3 Each time that you introduce a Candidate for a Vacancy, an e-mail will automatically be sent by the MPB Website to the Candidate informing the Candidate that he has been introduced for that Vacancy. The e-mail will also set out our name and the job specification in respect of the Vacancy.

18.4 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.

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

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

b)      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.

     19. INTRODUCTION FEES

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

19.2 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. The Introduction Fee payable for the successful Introduction of a Candidate for a Permanent Position will be calculated using the Median Salary. We are entitled to determine the exact amount of the Introduction Fee.

19.3 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. If you do not receive notice from us by the end of the eighth week from the date a Candidate commenced work that the Candidate you introduced who was offered and accepted a Position has ceased to be employed or engaged during that period, you may reserve the right to conclude that the Introduction has resulted in a Successful Placement.

19.5 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 MPB Website via e-mail to notify you of this.

19.6 MPB shall not be responsible for the failure by us to update the status of a Candidate on the Portal and therefore MPB shall not be responsible for its resultant inability to inform you through the MPB Website of the recruitment of a Candidate you introduced. MPB recommends that you maintain close contact with your Candidates and inform MPB 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 MPB using the contact details set out on MPB’s Contact Us page.

19.7 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 e-mail from the MPB Website notifying you of this. Please note that MPB’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 MPB 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 MPB and it will investigate.

19.8 Once you receive the email described in clause 19.7 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 MPB 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 MPB 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. MPB will invoice us and receive payment of your Introduction Fee on your behalf. Invoices will be paid within fifty days of receipt.