Terms & Conditions

mypeoplebiz: Standard Terms and Conditions of Business

Last updated 22th October 2009

The following terms & conditions of business (‘Terms and Conditions’) regulate your use of the website www.mypeoplebiz.com (the ‘Website’) 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’), also referred to in these Terms and Conditions as ‘we’, ‘us’ or ‘our’. When we refer to ‘you’ and ‘your’ we mean the User.

We provide a service for Employers to advertise Vacancies on the Website and to search for Candidates by browsing profiles and/or CVs that Candidates have posted on the Website, for Agencies to submit applications on behalf of their Candidates for Vacancies advertised by Employers on the Website, for Referrers to introduce people in their social and business circles to Vacancies advertised by Employers on the Website and for Candidates to browse the Website for Vacancies and submit their details to Employers (together the ‘Services’).

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 an Employer 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 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 an Employer is paid a salary which has been prorated to the duration of the contract;

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

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

‘Display Salary’ means the free text field in which an Employer, 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;

‘Employer’ means a person who posts a Vacancy Advertisement on the Website for the purpose of finding suitable Candidates for the Position, through Referrals, Introductions or Direct Applications via the Website;

‘Fees’ means the amounts payable by an Employer for each Successful Placement of a Candidate, which may include Rewards (clause 12), Bonuses (clause 15), Introduction Fees (clause 18) and MPB Fees (clause 23);

“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, trade marks 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 Website, to an Employer, 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;

‘Look and Feel’ means the content and layout of an Employer’s Microsite, including but not limited to the following aspects:

i) the Employer’s logo or other trade mark;

ii) background colour of the Employer’s own website; and

iii) text font and colour of the Employer’s own website;

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

‘Microsite’ means a microsite, designed and hosted by us, and attaching itself to an Employer’s own website which will include Vacancy listings and information about the Employer and may comprise several pages, and will reflect the Look and Feel of the Employer’s own website;

‘MPB Fees’ means fees payable by an Employer to us in accordance with clause 23;

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

‘Position’ means an actual or proposed engagement with an Employer (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 the Employer 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 Website, using the standard referral procedure of e-mailing them through the Website;

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

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

‘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 Website or is referred through the Website by a Referrer for a particular Vacancy or is introduced to the Employer for a particular Vacancy through the Website by an Agency, is: (a) hired by the Employer for the Position; and (b) in respect of a Permanent Position, the Candidate remains employed or engaged by the Employer 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 an Employer is paid an hourly rate;

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

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

‘Vacancy Advertisement’ means an advertisement for a Vacancy uploaded to the Website and/or an Employer’s Microsite which includes a brief description of the Vacancy; and

‘Website’ means the website www.mypeoplebiz.com which is owned, operated and maintained by us (either directly or indirectly) and, where applicable, any Microsite.

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 Website and our relationship with you

This part applies to all Users and sets out the terms relating to information on the Website and how you use the Website 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 Website and/or Services at all times in accordance with these Terms and Conditions.

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

1.3 You must choose a password for your User's account on completion of registration. You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times. You are responsible for preventing unauthorised persons from using your password and all other details. You are responsible for all use of your account using your password and shall only use the Website using your own login details and password. You must use every effort to keep your password safe and should not disclose it or permit it to be used by any other person. Please contact us immediately if you suspect that the security of your account is at risk.

1.4 We will do our best to ensure that the Website operates properly at all times, but we make no representations and give no warranties as to the availability or accessibility of the Website and we reserve the right to alter any part of the Website at any time and to suspend or withdraw the Website at any time and for any reason. Save as otherwise set out in these Terms and Conditions we shall not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website and any event beyond our reasonable control.

1.5 You are responsible for making all arrangements necessary for access to the Website. You are also responsible for ensuring that all persons who access our Website 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 our 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.

2.2 The Website must not be framed on any other website and you must not create a link to any part of our Website other than the homepage. We reserve 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.

2.3 Any link (be it a hypertext link or other referral device) to any content of any other website (‘3rd Party Website’) accessed through the Website 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 Website 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 Website 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 Website to your computer and print or copy extracts from the Website 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 Website without our express permission in writing, nor use the information and materials on the Website for any commercial purpose not expressly contemplated by these Terms and Conditions. Except in respect of any agreed Microsite, no part of the content of the Website may be incorporated into or stored in any other website or other work in any form.

3.3 Notwithstanding the above, caching of the Website 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 Website will be processed in accordance with our Privacy Policy.

5 USER REQUIREMENTS

5.1 By registering to use the Website 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 privacy rights) whilst using the Website;

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

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

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

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 Website; nor

5.2.6 gain, or attempt to gain, unauthorised access to the Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via denial of service or a distributed denial of service attack.

5.3 You agree not to submit, try to submit, or encourage any third party to submit, unacceptable materials onto the Website, including:

5.3.1 any advertisement that does not genuinely reflect a Vacancy that you have at the time of placing the advertisement;

5.3.2 any advertisement which discriminates, whether directly or indirectly, upon any unlawful grounds;

5.3.3 any materials that are placed upon the Website which you have not made adequate efforts to ensure are accurate, or which are misleading, abusive, offensive, pornographic, immoral, infringing of legal obligations, or intended to harm the reputation of our business or the Website; or

5.3.4 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 Website or intended to obtain personal information or data.

5.4 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 Website, then you will pursue such right, claim or action independently of, and without recourse to us.

6 Termination and Breach of these Terms and Conditions

6.1 Without limiting our other remedies, we reserve the right to suspend or cancel your right to use the Website, 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 Website or our Services or where we have reasonable grounds to believe that you have breached these Terms and Conditions or have abused the use of the Website or our 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 Website 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 Website (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 Website 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 We 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 (the ‘Employer’). We 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 Employers. Any information in the advertisements or any information included on the Website is followed by you at your own risk and we do not warrant the accuracy of the content in any respect and we 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 We cannot 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 Website is general information only and nothing on the Website can be construed as advice on legal or employment issues.

7.4 We act as a passive conduit for the online distribution and publication of User submitted information and we have 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 may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to Users for performance or non-performance of such activities. We reserve the right to expel Users and prevent their further access to the Website for violating these Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. We 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 may cause us to lose (in whole or in part) the services of our internet service providers or other suppliers.

7.5 To the extent that we are found to be liable to you in respect of the Website 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 We shall not 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 Website or to your downloading of any material posted on it, or any website linked to it.

7.7 We shall not 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 Website or in connection with the use, inability to use (whether through any software failure or technical malfunction of the Website) , or results of the use of the Website, 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.

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 Website and/or Services;

8.1.2 any breach of clauses 5.2, 5.3 or 5.4; or

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

9 General

9.1 In order to use and benefit from the Services, you must provide us with correct and up to date details. You warrant to us that the details you provide on registration are correct.

9.2 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.

9.3 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 info@mypeoplebiz.com.

9.4 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.

9.5 All rights not expressly granted in these Terms and Conditions are reserved to MPB.

9.6 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 Website 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 Website 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 Website..

9.7 The Website is currently only intended for the information and use of residents in the UK. We make no claims that the content of the Website may be lawfully viewed or downloaded outside of the UK. Access to the content of the Website may not be legal to certain persons or in certain countries. If you access the Website 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 Website, 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 Website.

9.8 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.

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

9.10 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 an Employer under these Terms and Conditions are given express rights to enforce such payment obligations against an Employer 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: Referrers, Candidates, Agencies and Employers.

Part 2 – Referrers

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

For the avoidance of doubt, you, the Referrer, are contracting directly with the Employer 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 Website.

10 Vacancies offered

10.1 We give no warranties and make no representations in respect of any Vacancies advertised by Employers, including, but not limited to, the quality of any Position.

10.2 Employers who advertise Vacancies on the Website will include various businesses from a range of market sectors. You acknowledge that we do not endorse or recommend the Employer nor do we give any warranties or make any representations about the Employer's business activities or any Position which is claimed to be offered. We suggest that you use common sense and exercise normal caution when encouraging arrangements for Candidates to visit or meet with Employers.

10.3 We shall not, and are under no obligation to, become involved in, or concern ourselves with, any dispute which may arise between a Referrer and/or a Candidate and/or an Employer in respect of a Vacancy including, but not limited to, any dispute about the quality of work, hours of work or pay. If, however, you have legitimate concerns or complaints about a particular Employer or its activities in connection with the Services and the Website, these can be directed to us using the contact details set out on our Contact Us page.

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 Website, then you can refer that person to the Employer. 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 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 We will take such measures to preserve your confidentiality in accordance with our Privacy Policy. In addition to this, your identity will not be revealed to the Employer at any point during the Referral process. This clause is subject to any legal obligations that we 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 an Employer to pay your Reward. See clause 12.12 for details.

11.5 A Referral is made and is effected only when: (a) a Candidate, applying for a Vacancy, enters the unique code assigned to your Referral (see clause 14.2) of them for that Vacancy; and (b) you receive a confirmation e-mail of this via the 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 us. We will provide you with a framework to customise an e-mail which will be sent from the Website to the Candidate or a potential Candidate, confirming that you have referred them for a Vacancy advertised on the Website.

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.

11.9 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 Website is programmed to accept only the Referral Application, Direct Application or Introduction it receives first in time. If for any reason the Website permits a Candidate to apply more than once for a particular Vacancy then the Referral Application, Direct Application or Introduction received by the Website first in time (which we shall verify from the Website’s data) shall prevail. We accept no liability whatsoever in relation to any instances where the Website permits multiple applications from or on behalf of a Candidate for the same Vacancy.

12 Rewards

12.1 Vacancies for Permanent Positions and Contract Positions advertised on the Website are allocated a Referral fee (the ‘Reward’) at the time the Vacancy Advertisement is posted on the Website by the Employer. 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. The Employer is entitled to determine the exact amount of the Reward.

12.2 You, as a Referrer, will contract directly with the Employer on the Terms and Conditions applicable to Referrers (Part 2) and Employers (Part 5). Each Referral you make which results in a Successful Placement, subject to the Candidate selecting you to receive a Reward (see clauses 11.7 and 11.8), will entitle you to receive payment of the Reward advertised alongside the Vacancy on the Website. If we do not receive notice from the Employer 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, we will conclude that there has been a Successful Placement.

12.3 The Employer is 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 the Employer 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.

12.4 The Reward you receive will be the Reward 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.

12.5 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.

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

12.7 When a Candidate who you have referred for a Vacancy with an Employer is offered the Position by that Employer, and that Candidate accepts that Position, you will be contacted through the Website via e-mail to notify you of this.

12.8 We shall not be responsible for the failure by an Employer to update the application status of a Candidate on the Website and therefore we shall not be responsible for our resultant inability to inform you of the recruitment of a Candidate you referred. We recommend that you maintain contact with your Candidates and inform us 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 the Employer on the Website. Queries can be directed to us using the contact details set out on our Contact Us page.

12.9 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 Website notifying you of your eligibility for a Reward. Our knowledge of your Candidate’s Start Date relies upon accurate information provided to us by the Employer via the Website. The Employer is 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 the Employer’s responsibility to ensure that the Start Date entered on the Website is accurate; and if we have reason to believe that it is not, we reserve 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 the Employer has entered an inaccurate Start Date or has not entered a Start Date when they should have done, please contact us and we will investigate.

12.10 When you receive the email from us notifying you that you have made a Successful Placement, you will need to invoice us 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 us 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 we do not receive an invoice from you within 28 days of receipt of the email from us notifying you that you have made a Successful Placement we will be under no obligation to invoice the Employer for the Reward.

12.11 We will invoice the Employer and receive payment of your Reward on your behalf. Provided we have received an invoice from you as described in clause 12.10, you should allow 60 days, from the point at which you are notified of a Successful Placement, to receive your cheque from us.

12.12 Your contract is with the Employer, not with MPB so, in the event that the Employer continues to withhold monies owed beyond the time period as described in clause 12.11, it will be your responsibility to take legal action against the Employer for your Reward if you wish to do so. MPB will not be held responsible for the collection or payment of your Reward in such a situation, and will not be under any obligation to provide you with legal aid or assistance. In such circumstances, you would be required to waive your anonymity at this stage.

12.13 In the case of Permanent Positions, or a Contract Position that has a term that is longer than eight weeks, should the employment or engagement of a referred Candidate terminate within the first eight weeks from the first day worked by the Candidate (the ‘Eight Week Period’), the Employer will not be liable to pay the Reward. If termination takes place after the first eight weeks, the entire Reward will be due.

12.14 For Contract Positions that are for terms or periods of less than eight weeks the Employer is liable to pay you the Reward provided the employment or engagement of a referred Candidate does not terminate before expiry of the referred Candidate’s term or period of employment or engagement.

12.15 You are responsible for paying any Tax which becomes due by you as a result of the payment of the Reward to you, and you shall indemnify us against any liability for Tax due by you which results from such a Reward. We reserve the right, if required by law, to withhold any part of your Reward in circumstances in which we are required to pay any withholding tax or deduction and we shall pay you your Reward net of such withholding tax or deduction.

Part 3 – Candidates

Candidates are paid a sign-on bonus when successfully placed through the Website following a Referral or Direct Application, including as a result of an approach by an Employer through a Candidate Search, but not if they are introduced by an Agency. (See ‘Bonuses’ clause 15 below).

For the avoidance of doubt, you, the Candidate, are contracting directly with the Employer 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 Website; or

(b) apply for Positions advertised as Vacancies through the Website, either directly or as a result of an approach by an Employer through a Candidate Search.

13 Vacancies Offered

13.1 We give no warranties and make no representations in respect of any Vacancies advertised by Employers, including, but not limited to, the quality of any Position.

13.2 Employers who advertise Vacancies on the Website will include various businesses from a range of market sectors. You acknowledge that by providing your details to an Employer we are simply introducing you to the Employer and are not endorsing or recommending the Employer nor giving any warranties or making any representations about the Employer's business activities or any Position which is claimed to be offered. We suggest that you use common sense and exercise normal caution when making arrangements to visit or meet with Employers.

13.3 We shall not become involved in any dispute which may arise between a Candidate and an Employer in respect of a Vacancy including but not limited to, any dispute about the quality of work, hours of work or pay. If, however, you have legitimate concerns or complaints about a particular Employer or its activities in connection with the Services and the Website, these can be directed to us using the contact details set out on our Contact Us page.

14 Applications

14.1 If you wish to make a Direct Application for a Position advertised on the Website, you must register on the 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.

14.2 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.

14.3 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 Website 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.

14.4 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.

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

14.6 Once you have applied for a Vacancy, whether via a Referral Application following of a Referral or a Direct Application through browsing the Website yourself, you should receive all further communications from the Employer, informing you whether or not they 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 the applicable Employer.

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

14.8 If a Vacancy is referred to you by a Referrer, you must check that the Position is suitable for you. We do not take responsibility for the ability of any Referrer to recommend a suitable Position for you.

14.9 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 the Employer; and (b) take all other steps that are reasonably required by the Employer to ensure that you are suitable for the specific Position. You acknowledge that all qualifications and authorisations may be verified by the Employer.

14.10 You acknowledge that we do not act as an agent for Employers nor do we act as your agent. We shall also not act as an intermediary between you and the Employer, and you acknowledge and agree that we shall not enter into correspondence or discussions or negotiations with any Employer on your behalf.

15 Bonuses

15.1 With the exception of Temporary Positions, Vacancies advertised on the Website offer a Bonus payable by the Employer 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 the Employer to you if your application for a Permanent Position is successful will be calculated using the Median Salary. The Employer is entitled to determine the exact amount of the Bonus

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

15.3 You will not at this time be eligible to receive a Bonus for a successful application for a Temporary Position. However, we may implement this feature in the future, at which time you will or may be eligible to receive a Bonus for a successful application relating to a Temporary Position as we see fit.

15.4 You may be eligible for a Bonus from the Employer 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.

15.5 You may be eligible for a Bonus from the Employer if you make a Direct Application for a Vacancy as a result of an Employer finding your profile and/or CV on the Website following a Candidate Search. To obtain a Bonus in this way you will need to upload your profile and/or CV onto the Website to enable Employers to view your details via a Candidate Search. If the Employer carries out a search and finds your profile and/or CV they can send you an email via the 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.

15.6 You, as a Candidate, will contract directly with the Employer on the Terms and Conditions applicable to Candidates (Part 3) and Employers (Part 5). The Bonus will only be payable by the Employer if your application results in your Successful Placement. If we do not receive notice from the Employer 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, we will conclude that the application has resulted in a Successful Placement and will send a notice to the Employer informing them that you are eligible for a Bonus.

15.7 The Employer is 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 of £30,000 and £35,000 entered by the Employer 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.

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

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

15.10 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 Website notifying you of your eligibility for a Bonus. Our knowledge of your Start Date relies upon accurate information provided to us by the Employer via the Website. The Employer is 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 the Employer’s responsibility to ensure that the Start Date entered on the Website is accurate; and if we have reason to believe that it is not, we reserve 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 the Employer has entered an inaccurate Start Date or has not entered a Start Date when they should have, please contact us and we will investigate.

15.11 When you receive the email from us notifying you that you have made a Successful Placement, the Employer will make arrangements to credit the Bonus to you through its payroll.

15.12 Your contract is with the Employer, not with MPB so, in the event that the Employer withholds part or all of the Bonus, it will be your responsibility to take legal action against the Employer for your Bonus if you wish to do so. MPB will not be held responsible for the collection or payment of your Bonus in such a situation, and will not be under any obligation to provide you with legal aid or assistance.

15.13 In the case of a Permanent Position or a Contract Position that has a term that is longer than eight weeks, should your employment or engagement terminate within the first eight weeks from the first day worked (the ’Eight Week Period’), the Employer will not be liable to pay you a Bonus. If termination takes place after the first eight weeks, the entire Bonus will be due.

15.14 For Contract Positions that are for terms or periods of less than eight weeks the Employer is 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 an Employer for a Vacancy advertised on the Website.

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

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

16 Vacancies Offered

16.1 We give no warranties and make no representations in respect of any Vacancies advertised by Employers, including, but not limited to, the quality of any Position.

16.2 Employers who advertise Vacancies on the Website will include various businesses from a range of market sectors. You acknowledge that by providing your Candidates’ details to an Employer we are simply introducing you to the Employer and are not endorsing or recommending the Employer nor are we giving any warranties or making any representations about the Employer's business activities or any Position which is claimed to be offered. We suggest that you use common sense and exercise normal caution when making arrangements for Candidates to visit or meet with Employers.

16.3 We shall not, and are under no obligation to, become involved in or concern ourselves with any dispute which may arise between an Agency, its Candidates and/or an Employer in respect of a Vacancy including, but not limited to, any dispute about the quality of work, hours of work or pay. If, however, you have legitimate concerns or complaints about a particular Employer or its activities in connection with the Services and the Website, these can be directed to us using the contact details set out on our Contact Us page.

17 Introductions

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

17.2 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 date of birth. (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.

17.3 Once you have introduced a Candidate for a Vacancy, you should receive all further communications from the Employer, informing you whether or not they 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 the applicable Employer.

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

17.5 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 the Employer; and (b) take all other steps that are reasonably required by the Employer to ensure that your Candidate is suitable for the specific Position. You acknowledge that all qualifications and authorisations may be verified by the Employer.

18 Introduction Fees

18.1 There is no fee payable to us for registration on the Website or for your use of the Services.

18.2 Vacancies for Permanent Positions and Contract Positions advertised on the Website are allocated an Agency introduction fee (the ‘Introduction Fee’) at the time the Vacancy Advertisement is posted on the Website by the Employer. 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. The Employer is entitled to determine the exact amount of the Introduction Fee.

18.3 You, as an Agency, will contract directly with the Employer on the Terms and Conditions applicable to Agencies (Part 4) and Employers (Part 5). For each Introduction you make, which results in a Successful Placement, you will be entitled to receive payment from the Employer of the stated Introduction Fee. If you do not receive notice from the Employer 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.

18.4 The Employer is 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 of £30,000 and £35,000 entered by the Employer 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.

18.5 The Introduction Fee you receive will be the Introduction Fee which is displayed on the Vacancy Advertisement and this is regardless of the final salary figure which is ultimately 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 and the Median Salary.

18.6 The Introduction Fee available for Contract Positions is calculated in the same way as the Introduction Fee for Permanent Positions, save that for Contract Positions the calculation is based on the Prorated Salary not the Median Salary.

18.7 At this time, there will be no Introduction Fees for successful Introductions of Candidates for Temporary Positions. We may implement this feature in the future, at which time you will or may be eligible for Introduction Fees for successful Introductions relating to Temporary Positions as we see fit.

18.8 When a Candidate who you have introduced for a Vacancy with an Employer is offered the Position by that Employer, and that Candidate accepts that Position, you will be contacted through the Website via e-mail to notify you of this.

18.9 We shall not be responsible for the failure by an Employer to update the status of a Candidate on the Website and therefore we shall not be responsible for our resultant inability to inform you through the Website of the recruitment of a Candidate you introduced. We recommend that you maintain close contact with your Candidates and inform us 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 the Employer on the Website. Queries can be directed to us using the contact details set out on our Contact Us page.

18.10 If your Introduction 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 Website notifying you of this. Please note that our knowledge of your Candidate’s Start Date relies upon accurate information provided to us by the Employer via the Website. The Employer is 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 the Employer’s responsibility to ensure that the Start Date entered on the Website is accurate; and if we have reason to believe that it is not, we reserve 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 the Employer has entered an inaccurate Start Date or has not entered a Start Date when they should have done, please contact us and we will investigate.

18.11 Once you receive the email described in clause 18.10 above, confirming that the placement has been successful and that eight weeks have elapsed since your Candidate’s Start Date, your Introduction Fee  is payable by the Employer. 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 the Employer and receive payment of your Introduction Fee on your behalf.  Once we are in receipt of your invoice, and within 5 Business Days of MPB receiving your Introduction Fee (in cleared funds) from the Employer, MPB will send payment of the Introduction Fee into your nominated bank account. You should allow 60 days, from the point at which you are notified of a Successful Placement as described in clause 18.10, to receive payment of the Introduction Fee.

18.12 Your contract is with the Employer, not with MPB so, in the event that the Employer continues to withhold monies owed beyond the time period as described in clause 18.11, it will be your responsibility to take legal action against the Employer for your Introduction Fee if you wish to do so. MPB will not be held responsible for the payment of your Introduction Fee in such a situation, and will not be under any obligation to provide you with legal aid or assistance.

18.13 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’), the Employer will not be liable to pay you the Introduction Fee. If termination takes place after the first eight weeks, the entire Introduction Fee will be due.

18.15 You are responsible for paying any Tax which becomes due by you as a result of the Employer paying you the Introduction Fee (in the manner described in 18.11 above) and you shall indemnify us against any liability for Tax due by you which results from such an Introduction Fee.

Part 5 – Employers

For the avoidance of doubt, when advertising a Vacancy and agreeing your Fees, you are forming a contract and agreeing to the terms of business below and those applicable terms above, including commitment to the payment of the agreed Fees to the relevant parties (MPB / Candidate / Referrer / Agency) for each Successful Placement. See ‘Fees’ clause 23 below.

This Part sets out the terms which apply to the posting of Vacancies on the Website, and additional terms relating to the Referral of Candidates by Referrers and Referral Applications by Candidates following such Referrals, Direct Applications by Candidates including such applications made as a result of an approach by you following a Candidate Search and the Introduction of Candidates by Agencies.

You, as the Employer, will contract directly with the following parties:

(a) in the case of a Candidate who is referred by a Referrer and as a result submits a Referral Application, you will contract with the Referrer on the Terms and Conditions set out in Part 2 and this Part 5 and the Candidate on the Terms and Conditions set out in Part 3 and this Part 5;

(b) in the case of a Candidate who is referred by a Referrer but instead of submitting a Referral Application which would entitle the Referrer to receive a Reward the Candidate makes a Direct Application, or in the case of a Candidate who makes a Direct Application following a search of Vacancies on the Website and also in the case of a Candidate who makes a Direct Application as a result of an approach by you following a Candidate Search, you will contract with the Candidate on the Terms and Conditions set out in Part 3 and this Part 5; and

(c) in the case of a Candidate who is introduced by an Agency, you will contract with the Agency on the Terms and Conditions set out in Part 4 and this Part 5.

In addition, in all instances you will also be contracting directly with MPB on the Terms and Conditions set out in this Part 5.

19 Vacancy Advertisements

19.1 You agree to place on the Website and to provide Referrers, Agencies and Candidates with all required information concerning a Vacancy and your requirements in relation to the individual that you would like to fill the Vacancy.

19.2 You are required to enter, for each Vacancy Advertisement relating to a Permanent Position, the Median Salary. This will not be displayed on the Vacancy Advertisement. The Median Salary is used to calculate the total fee payable for a Successful Placement. You are also required to enter for each Vacancy Advertisement, the Display Salary. This should be consistent with the Median Salary in that it should not exceed the highest possible gross annual salary (the ‘Highest Salary’) for the Position. For example, if the Median Salary is £32,500 (being the mid-point of the salary ranges £30,000 and £35,000 entered by you when creating the Vacancy Advertisement), the Display Salary may read ‘up to £35,000 plus benefits’.

19.3 In the case of a Vacancy for a Contract Position, you are required to enter the full annual salary and then select the appropriate contract period. For example, if the annual salary for a particular Vacancy would usually be £60K and the Position is advertised as a 4 month Contract Position, you would enter £60K in the Salary field. The system will calculate the Fees payable in the event of a Successful Placement as a proportion of the annual median salary according to the contract period selected. .

19.4 Although the final gross annual salary, prorated salary or hourly rate that you agree with a successful Candidate may be in excess of the Highest Salary, if your use of the Website suggests abuse of the system by way of frequent discrepancies between the Highest Salary and the final salary offered to successful Candidates then we reserve the right to investigate such circumstances and, in our absolute discretion, suspend and/or cancel your right to use the Website and/or the Services. In such circumstances you will not be entitled to a refund of any portion of any licence fee you pay (see clauses 21 and 22).

20 Referrals, Introductions, Direct Applications and CANDIDATE Searching

20.1 Whilst every effort is made to provide a reliable and professional service, we give no warranties and make no representations (expressed or implied) in respect of services or materials supplied (including, for the avoidance of doubt, any CVs accessed through the Website) or any Candidate introduced through the Website by any method. Referrers, Agencies, MPB and its associates, staff or agents shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by you, the Employer, arising directly or indirectly or in any way connected with any Referral or Introduction of any Candidate, or from any act or submission on the part of a directly-applying Candidate, even if such an act or submission is negligent, dishonest or fraudulent.

20.2 You agree that you are solely responsible for ensuring that any Candidate is suitable for your needs and requirements and that we have not in any way verified the suitability of a Candidate for your Position. We also give no warranties nor make any representations as to the likelihood that our Services will result in a suitable Candidate being identified for employment or engagement with you. Any Referrals or Introductions of Candidates to you via the Website are Referrals or Introductions made solely by the Referrer or Agency (as the case may be), and you acknowledge that we have not taken and you agree that we are not under any obligation to take any steps to verify the relationship between the relevant Referrer/Agency and Candidate. Referrers remain anonymous throughout the Referral process and we will not reveal their identities to you.

20.3 You may perform a Candidate Search using the facilities of the Website. If you find a Candidate you believe to be suitable for a Vacancy you have, the Website will allow you to send an e-mail to the Candidate inviting the Candidate to make a Direct Application for the Vacancy. If the Direct Application made by the Candidate results in a Successful Placement, the Candidate will be entitled to receive a Bonus.

20.4 A Candidate may only apply once for each Vacancy, whether this is by way of a Referral Application following a Referral by one or more Referrers, an Introduction by an Agency or a Direct Application by a Candidate following a Candidate’s rejection of a Referral, a search by the Candidate of Vacancies on the Website or as a result of an approach by you to a Candidate following a Candidate Search. The Website is programmed to only accept the Referral Application, Direct Application or Introduction it receives first in time. If for any reason the Website permits a Candidate to apply more than once for a particular Vacancy then the Referral Application, Introduction or Direct Application received by the Website first in time (which we shall verify from the Website’s data) shall prevail. We accept no liability whatsoever in relation to any instances where the Website permits multiple applications from or on behalf of a Candidate for the same Vacancy.

20.5 In the case of a referred Candidate, it is possible that more than one person may have referred the Candidate for the same Vacancy in which case the Candidate must chose which, if any, Referrer is to be entitled to receive a Reward by entering the unique code assigned to the relevant Referrer that the Candidate wishes to receive the Reward when the Candidate submits a Referral Application. Candidates are advised that the fairest course of action in the event of multiple Referrals for the same Vacancy is to enter the referral code assigned to the person who made the Referral first. However, the Candidate may chose not to enter any referral code when applying for a Vacancy by making a Direct Application in which case no Reward will be due.

20.6 On making an offer of employment or engagement to a Candidate who has applied through the Website, directly, as a result of an approach by you through a Candidate Search, via a Referral or via an Introduction, you may do so via telephone or any other method you wish however, once a Candidate has accepted a Position offered by you, you must confirm this on the Website by selecting ‘Job accepted’ from the status list next to the relevant Candidate. The Candidate and any Referrer or Agency involved will be automatically emailed with confirmation of this. Please note, once you have made this selection you cannot change the Candidate’s status back again.

20.7 You acknowledge that we do not act as an agent for Candidates, nor do we act as your agent. We also shall not act as an intermediary between you and the Candidate, Referrer or Agency and you acknowledge and agree that we shall not enter into correspondence or discussions or negotiations with any of the aforementioned on your behalf. We shall not become involved in any dispute which may arise between a Candidate, Referrer or Agency and you in respect of a Position including but not limited to, any dispute about the quality of work, hours of work or pay. If, however, you have legitimate concerns or complaints about a particular Candidate, Referrer or Agency or their activities in connection with the Services and the Website, these can be directed to us using the contact details set out on our Contact Us page.

21 USER LICENCES

21.1 Completion of the registration form covers provision of two free user licences allowing two representatives of your organisation to have their own login to the Website. You can purchase additional user licences on the basis that the third (3^rd ) fourth, (4^th) and fifth (5^th ) additional user logins will charged at £100 per user per month and thereafter each additional user licence (for the sixth (6^th) user and each subsequent user) is charged at £50 per user per month

21.2 We will issue you with an invoice each month for the full monthly amount in respect of any additional users. Each invoice will be payable within 14 days. Each additional user licence will automatically extend for successive monthly periods unless you serve written notice on us or we serve written notice on you terminating such user licence. Any such notice must be served at least fourteen days before the expiry of the monthly licence. If you choose to terminate a user licence prior to its month end date you will be charged for the remaining portion of the monthly licence.

22 BRANDING OPTIONS

UNBRANDED - FREE

22.1.1 This allows the ability to place an unlimited number of Vacancy Advertisements, each valid for 30 days, to appear on the Website. Such Vacancy Advertisement under this option does not include the right to use your branding, logos or trademarks, and the name of your organisation in any Vacancy Advertisement will only be displayed in a regular typeface.

PAY AS YOU GO BRANDING/LOGO PACKAGE

22.1.2 You will be given access to a Microsite (required), which is provided on payment of a one off set up fee of £100, payment to be received before the Microsite will be activated; and

22.1.3 The facility to post an unlimited number of Vacancy Advertisements, to appear both on the Microsite and on the Website, together with any branding, logos or trade marks, charged at £250 (or such other amount as may be in force from time to time as notified to you in accordance with clause 22.1.4) per Vacancy Advertisement, each valid for 30 days; and

22.1.4 If you choose the Pay as You Go plan you are still liable to pay Introduction Fees, Rewards, Bonuses and MPB Fees and any other fees payable for a Successful Placement in accordance with these Terms and Conditions. You may close your account at any time; however, please note that if you choose to close your account whilst one or more Vacancy Advertisements are still active, you will lose all saved records of your Referral Applications, Direct Applications and, Introductions relating to those Vacancy Advertisements. Your Pay as You Go account will permit you to post as many Vacancy Advertisements as you wish; we will monitor your activity, and will charge you according to the number of Vacancy Advertisements placed. Any proposed increase in the Pay as You Go price will be notified to you in writing at least six weeks before it takes effect.

22.1.5 We will issue you with a Pay as You Go invoice each time you post a Vacancy Advertisement; all invoices will be payable within 14 days of the date of the invoice.

22.1.6 When a Vacancy Advertisement is about to expire, you will be offered the opportunity to renew it. If you choose to do so, you will be charged another £250 (or such other amount as may be in force from time to time as notified to you in accordance with clause 22.1.4).

FULL BRANDING/LOGO PACKAGE

22.1.7 The Full Branding/Logo Package is an ongoing licence to use the Services with the ability to use your branding, logos and trademarks. In this instance, we will charge you a £400 monthly licence fee (the “Licence Fee”) to use our Services, with a minimum term of 12 months.

22.1.8 You will be given access to a Microsite (required), which is provided on payment of a one off set up fee of £100, payment to be received before the Microsite will be activated; and

22.1.9 The facility to post an unlimited number of Vacancy Advertisements, to appear both on the Microsite and on the Website, together with any branding, logos or trademarks, each valid for 30 days

22.1.10 At the end of the 12 month period your licence will automatically extend for successive periods of twelve months unless you serve written notice on us or we serve written notice on you terminating your licence. Any such notice must be served at least one month before the first or any subsequent anniversary to take effect on the first or next anniversary (as the case may be). If you choose to close your account prior to an anniversary, you will be charged for the remaining portion of the Licence Fee up to the first or next anniversary (as the case may be). No portion of your Licence Fee will be refunded and you will lose all saved records of your Referred Applications, Direct Applications and Introductions relating to Vacancies you have advertised through the Website. Any proposed increase in the monthly Licence Fees will be notified to you in writing at least six weeks before the next anniversary when they take effect.

22.1.11 We will issue you with an invoice each month for the full monthly amount of the Licence Fee. Each invoice will be payable within 14 days.

23 Fees

23.1 Fees payable for the Successful Placement of Candidates in Permanent Positions will be calculated using the Median Salary regardless of the final salary which is ultimately offered to the Candidate. Where applicable, Value Added Tax will be charged at the prevailing rate. Upon entering all the required information when creating a Vacancy Advertisement, the Website will generate a preview of the Vacancy Advertisement along with details of the Fees payable by you where there is a Successful Placement in relation to the Vacancy being advertised. By approving the preview of the Vacancy Advertisement and the Fees payable you are committing to the payment of those Fees and shall be obligated to make such payments upon a Successful Placement in accordance with these Terms and Conditions. If we do not receive notice from you by the end of the eighth week that a Candidate who was offered and accepted a Position has ceased to be employed or engaged during this period, MPB, Candidates, Referrers and Agencies all reserve the right to conclude that there has been a Successful Placement and invoices will be rendered to you for payment of Fees as detailed in clause 23.6 below.

23.2 The fees payable for Contract Positions are 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.

23.3 You will not, at this time, be required to pay fees for the successful Direct Application, Referral or Introduction of Candidates for Temporary Positions. We may implement this feature in the future, at which time you will be required to pay fees for such successful Placements relating to Temporary Positions as we see fit.

23.4 All Vacancy Advertisements are required to display the Reward, Bonus and Introduction Fee payable in the event of a Successful Placement.

23.5 When a Candidate commences employment or is engaged by you, you are required to update the Candidate’s status on the Website, by selecting ‘Commenced Employment’. It is your responsibility to ensure that the Start Date entered on the Website (‘Start Date’ ) is accurate and if we have reason to believe that it is not, we reserve 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 your use of the Website suggests abuse of the system when entering the Start Date, we reserve the right to investigate such circumstances and, in our absolute discretion, suspend and/or cancel your right to use the Website and/or the Services. In such circumstances you will not be entitled to a refund of any portion of any licence fee you pay.

23.7 With the exception of Bonuses where payments are made through the Employer’s payroll, all Fees relating to a Successful Placement should be claimed by invoice only; you are not under an obligation to pay the Fees by any method other than electronic funds transfer.

23.8 Should the employment or engagement of a Candidate who was offered and accepted a Permanent Position or a Contract Position that is for a term that is greater than eight weeks terminate within the first eight weeks from the Start Date (the ‘Eight Week Period’), you will not be liable for any Fees to the Candidate, Referrer, Agency or MPB. If we do not receive notice from you within eight weeks from the Start Date that a Candidate has ceased to be employed or engaged during that period, (this notice being given by selecting the status ‘Application/Employment terminated’ next to the relevant Candidate), all relevant parties (MPB, Candidates, Referrers and Agencies, as applicable) reserve the right to conclude that the placement of a Candidate has been successful, and and you will be obliged to make the payments in accordance with clause 22.6. If termination takes place after the Eight Week Period, or if termination is only communicated to us after this time, all Fees will be payable.

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

23.10 Failure to pay all Fees in full within the 14 days from the invoice date may result in interest being charged on overdue amounts, calculated at a rate per annum which is 8% above The Bank of England Base Rate or such rate and any additional penalties as set out in the Late Payment of Commercial Debts (Interest) Act 1998 at 5.00pm on the day before the payment becomes overdue. Such interest will accrue on a daily basis until the date of actual payment of the overdue amount (including the accrued interest). In the event that you continue to withhold monies owed, we may be forced to take appropriate legal action against you to claim our MPB Fees, and, where appropriate, Candidates, Referrers and Agencies may also take legal action against you to claim their Bonuses, Rewards and Introduction Fees.

23.11 You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim made by a Candidate, Referrer or Agency against us as a result of your failure to comply with these Terms and Conditions.

24 VAT

24.1 All amounts and Fees referred to in these Terms and Conditions are quoted exclusive of VAT. If any amounts or Fees are subject to VAT (including, without limitation, Introduction Fees, MPB Fees and licence fees), the invoice issued for the relevant amount or Fee will include VAT at the applicable rate prevailing at the time the invoice is issued.

25 Provision of Information

25.1 We reserve the right to ask for information in relation to a Successful Placement, including, without limitation, details of the final salary or hourly rate agreed with the Candidate in relation to the Position and any other monetary amounts which may be construed as part of the final salary or hourly rate, and you undertake to promptly provide us with full, complete and accurate information in response to any such request.