Terms & conditions
Last updated: May 2018
This web site is owned and operated by Totaljobs Group Ltd and is made available to you on the following terms and conditions. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.
Use of the site
The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorized processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Customer, shall entitle us to terminate the Services immediately on notice in writing. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorized processing of information. In respect of any personal data accessed or otherwise processed by a Customer as a result of access to the site or the Services, the Customer agrees that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 1998 and, as such, shall be solely responsible for its processing.
All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to Totaljobs Group Ltd or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.
Employment Agencies and Employment Business Regulations 2003
Jobseekers and recruiters need to be aware that this job board operates as a venue only and does not introduce or supply work-seekers to recruiters (or vice versa). This means that we do not:
- obtain sufficient information for potential recruiters to select a suitable work-seeker for the position which the recruiter seeks to fill
- obtain confirmation of the identity of a work-seeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
- take any steps to ensure the work-seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfil the position to be filled;
- take any steps to ensure that it would not be detrimental to the interests of the work-seeker or the recruiter for the work-seeker to fulfil the position to be fulfilled;
- give any indication to recruiters whether work-seekers are unsuitable (or suitable) for any position to be filled in any circumstances;
- propose work-seekers to recruiters or provide any information about them;
- take up any references in relation to a work–seeker or;
- make any arrangements for accommodation of work–seekers
The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that work-seekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered work-seekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since we are only a venue and do not propose or introduce work-seekers to recruiters or vice versa, it is recommended that, if you are a work-seeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a work-seekers suitability for the role.
These could include:
- If you are a work-seeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
- If you are a recruiter; checking the identity of the work-seeker and that the work-seeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a work-seeker to take up a position.
In addition, where professional qualifications are required or where work-seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the work-seeker and undertake a criminal records bureau check of the work-seeker. For more details of how to undertake a criminal records bureau check, please click here.
Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.
Terms and conditions of business for recruiters
In these terms and conditions:
- 'Customer' means any person, company, organisation or firm which purchases Services from us;
- 'Order Form' means an order for Services on a form provided by us (in any format) and signed by a Customer;
- 'Services' means all recruitment products and services made available by us from time to time;
- 'Contract Month' means, in respect of any Order Form relating to the provision of Services for a specified period of months, the calendar month commencing on the start date specified in the Order Form and ending on the day before the same date in the next calendar month. For example, the calendar month commencing on 24 February and ending 23 March;
- 'Contract Term' means the full term specified in the Order Form.
We reserve the right to vary these terms and conditions from time to time. We will aim to give you reasonable notice in advance of implementing such changes by posting the revised terms and conditions on the web site and indicating the effective date that such updated terms and conditions will come into force ("Effective Date"). Where we deem the changes as significant we may also choose to email our registered users with the revised terms and conditions. The revised terms and conditions will be deemed to have been accepted by you if you continue to use the web site and our services after the Effective Date.
Commencement of Services
We will not commence the provision of Services pursuant to any Order Form until the Order Form has been returned to us, in a form approved by us and confirmed by the Customer by way of signature, e-mail confirmation or provision of purchase order number and, in the case of Customers who purchase Services on terms that require pre-payment, Services will not commence until payment is received and cleared.
Prices are as specified in the CWJobs ratecards and are guaranteed for the period stated on the order form. Any discounts agreed are confidential and may not be disclosed by the customer.
Where a Customer posts an advertisement on CWJobs which includes any reference to a brand of a client or a subsidiary of the Customer (which reference may include, without limitation, such client’s or subsidiary’s logo, http address, email address and telephone number) (“Client Branded Advertising”), and the posting of such Client Branded Advertising has not been agreed by us in the Order Form or other contract agreed with such Customer, charges for the advertisement will be as per the relevant rate card and charged to the Customer for each job posted on CWJobs which includes a non-agreed piece of Client Branded Advertising.
A job posted on CWJobs will remain live for 28 days or such shorter time as we agree with the Customer. Any extension of this time will be charged to the Customer as a new posting. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price per job agreed with the customer at the time of the contract negotiation. If no price has been negotiated, a flat fee of £250 per job will be charged for each job over the agreed number. A single job is identified by its unique ID number. If a customer deletes a job and then either reposts it or posts another, this will be classed as two jobs.
If any Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without our prior written consent. The Customer will be responsible for payment for any unused Services.
Payments & Credit Terms
All prices are quoted exclusive of VAT. Credit is granted subject to Totaljobs Group Limited obtaining suitable credit checks. Other than for Services purchased online or prepaid where payment has been confirmed and where credit is granted, an e-invoice will be issued. The invoice will be sent to the email address you provide as your accounts payable contact. The invoice will be due for payment in full within 28 days of invoice date. In the event of late payment, Totaljobs Group Limited may terminate Services and all outstanding invoices will become payable immediately. In the case of contracts greater than one month duration, the fees in respect of the notice period shall also become payable immediately. You, the Customer will remain liable for the payment of services as agreed in the Contract, notwithstanding such services have been suspended or terminated under this clause. In addition interest and fees will be payable on late payments in accordance with Late Payment of Commercial debts (Interest) Act 1998. If credit is not permitted a prepayment account may be granted, the whole amount of the contract payable in advance of services being provided. You may request a review of this credit arrangement after 6 months from contract start date. TJG reserve the right to periodically review your credit terms.
- The Customer may terminate in writing the provision of Services under any Order Form by no less than:
Contract Duration Notice period Up to 2 months 30 days 3 to 5 months 90 days 6 months plus 180 days
- To expire at the end of the contract Month.
- We are in material breach of these terms and conditions and have not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied, or:
- We become insolvent, cease to trade or go into liquidation
- Termination by the Customer before the end of the Contract Term may, at our discretion, result in loss of discounts agreed for the entire Contract Term.
We may terminate the provision of Services if:
- The Customer is in material breach of these terms and conditions and has not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied, or:
- The Customer becomes insolvent, ceases to trade or goes into liquidation.
Intellectual Property Rights
These terms and conditions do not transfer any (intellectual) property right, license or right of use from us to the customer. All of our rights (including but not limited to copyright, trademark rights, database rights, logos, titles as well as any other commercial rights) remain our (intellectual) property without restriction.
All material and content published by us is subject to our intellectual property rights (copyright, trademark rights and database rights), except for the individual elements of such material and content designed by the Customer or a third party that are already subject to a Customer’s or third party’s intellectual property rights and that have not been modified or revised by us. Customer also acknowledges that he has no rights, in or to, such intellectual property other than the right to use in fulfilment of the contractual obligations.
License to use Customer’s name, trademarks and logos
Customer agrees that Totaljobs Group may use the Customer’s name, trademarks and logos (“IP-Rights”) for the purposes of providing the Services.
Additionally Customer agrees that Totaljobs Group may mention Customer as a reference customer in Totaljobs Group’s marketing materials (such as eg. but not limited to websites and brochures), that Totaljobs Group may use the Customer’s IP-Rights in this context and may present examples of the services provided to and the materials published on behalf of Customer.
Limitation of liability
Our total liability to the Customer in respect of any Services, except for death or personal injury caused by our negligence, is limited to the total amount paid to us during the Contract Term for such Services or £10,000, whichever is the greater.
Job adverts go live after payment confirmation on CWJobs.co.uk during the following times based on 24 hour clock UK time;
Job advertised between Job live in/by 00:00 - 07:59 11:00 same day 08:00 - 17:00 Within 3 hours 17:01 - 23:59 11:00 following working day
For first time customers who pay online, we need to carry out some security checks before jobs go live. If it is not possible to verify this from the information provided, we will contact customers to request further information. This may delay the time it takes for jobs to go live.
You will be notified by email when your job adverts have gone live on CWJobs.
Access to CV database
Access to the CV database will be granted after payment confirmation during the following times based on a 24 hour clock UK time;
Access bought Access granted in/by 00:00 - 07:59 11:00 same day 08:00 - 17:00 Within 1 hour 17:01 - 23:59 11:00 following working day
- Weekends & Bank Holidays
Access bought Access granted in/by 00:00 - 23:59 By 10:00 next working day
You will be notified by email when your username has been granted access to the CWJobs.co.uk CV database.
We have rules regarding the content and format of jobs posted on CWJobs.co.uk. Their purpose is to ensure that users who search the site or the CWJobs.co.uk database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from CWJobs.co.uk any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.
The Rules are:
- No duplicating of jobs at the expense of other clients' jobs.
- No gratuitous use of keywords in job descriptions or job titles. Gratuitous means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
- Job advertisements placed on CWJobs.co.uk must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.
- URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and url linking is permitted from the 'apply online' link.
Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by CWJobs.co.uk on the basis that the advertiser confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if we nonetheless believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from CWJobs.co.uk without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.
Responses to advertisements
You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring CWJobs.co.uk into disrepute. You will indemnify us from and against any claim brought by an individual against CWJobs.co.uk arising from your breach of this obligation or any other of these terms and conditions.
We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
As part of CWJobs' commitment to getting customers the best possible response we reserve the right to amend some of the job details that you supply in order to optimise your advertisement.
It is your responsibility to ensure that you have the appropriate equipment and are connected to the appropriate services to enable you to post jobs to CWJobs.co.uk.
Content and links
If your advertisement links to another site via our external apply online option, you are responsible for maintaining the links and for the content of your advertisement and the linked site. We may remove from CWJobs.co.uk any advertisement which contains content or links to a site which, in our opinion, is defamatory, illegal or objectionable or will bring CWJobs.co.uk into disrepute. You will indemnify us from and against any claims or liability arising from content or links contained in your advertisements.
Third party sites
Vacancies you post on CWJobs.co.uk may also appear on third party recruitment web sites pursuant to agreements from time to time between CWJobs.co.uk and the proprietors of such web sites.
CWJobs.co.uk supports the current and most recent previous versions of all popular browsers, and follows the HTML 4.01 (loose) and CSS 2.1 W3C standards. If your browser is not supported, you may still be able to access our site, but you may encounter some display problems.
Use of candidate database
Rights in the database
Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to Totaljobs Group Ltd. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.
Use of the database
The material you are entitled to receive from the candidate database is determined by the product you have purchased from us. On receipt of this material you may:
- Use, search or download it to your database using the Candidate Search back office interface and its associated functions for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill.
- Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through CWJobs.co.uk depending on the product you have purchased) in relation to a specific job vacancy.
- Use the information only in connection with your own recruitment-related activities.
You may NOT:
- Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.
- Download the database through any automated (e.g. "scraping") process.
- Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies. You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.
- Access our candidate database from a system that is not fully patched or does not have industry standard AntiVirus software installed that is regularly updated.
When a Jobseeker submits a response to an advertisement, details of their application will be loaded to your account. Your account allows you to record notes against the application and track its progress (together with the details of their application, “Application Data”).
You acknowledge that We may delete such Application Data without notice to you in line with our general policies on retention and deletion of data relating to Jobseekers, including where the Jobseeker to whom the Application Data relates decides to delete his profile.
As a controller of Application Data, We will comply with Our responsibilities under the General Data Protection Regulation in respect of such notes, which may include disclosure of Application Data to the Jobseeker if the Jobseeker submits a request to access his data;
For the purposes of the General Data Protection Regulation you are a joint controller of Application Data held on your account. You agree you will be responsible for ensuring that any Application Data which you enter is accurate, deleting Application Data when you no longer require it, and responding in a timely fashion to any request from a Jobseeker seeking to exercise his rights under the General Data Protection Regulation, including requests which we receive and pass to you because we are not able to assess them, for example where a Jobseeker asks for inaccurate data to be corrected.
Deletion of Jobseeker Data
You agree to delete all Jobseeker Data upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable Jobseeker, whichever occurs first.
Dealings with Jobseekers
You agree to deal fairly and professionally with Jobseekers you may contact using information from the Candidate Database and not do anything which may bring Us or the Site into disrepute. You will indemnify Us from and against any claim brought by an individual against Us arising from your breach of this obligation or any other of these Recruiter Terms.
Deletion of database material
You agree to delete all material from the candidate database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first.
Dealings with candidates
You agree to deal fairly and professionally with individuals you may contact using information from the candidate database and not do anything which may bring CWJobs.co.uk into disrepute. You will indemnify CWJobs.co.uk from and against any claim brought by an individual against CWJobs.co.uk arising from your breach of this obligation or any other of these terms and conditions.
Passwords are for the sole use of the person to whom they are issued. Passwords must be kept confidential and secure. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is breaching these terms and conditions.
Customer supplied content
- These terms and conditions apply to all advertising campaigns ('Campaigns') and other material accepted by Totaljobs Group Ltd for display on any of our web sites. By placing any such material you accept these terms and conditions as principal, even if you are acting as agent or buyer for the third party advertiser.
- We must receive the complete creative content for a Campaign in acceptable format at least two working days before 9 am on the go-live date specified in your order. Otherwise, we may not be able to achieve the specified go-live date but you must pay the full amount set out in the order irrespective of whether any delivery target for impressions have been met.
- To cancel or alter an order for a Campaign you must inform us, by fax or email at the number or address on the order, at least two working days before 9 am on the go-live date specified in your order. Otherwise you must pay the full amount set out in the order, irrespective of whether any delivery targets for impressions have been met.
- You are responsible for the content of material supplied by you and for ensuring that you have the right to supply it to us and that it complies with all relevant legislation and codes of practice. If we receive complaints about any material or its content we may, at our discretion, remove the material from display without reference or liability to you. You will indemnify us against any claim that the material infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.
- If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place on CWJobs.co.uk comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
- You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which a Campaign relates and you will indemnify and hold us harmless accordingly.
- Where a Campaign is sold on a cpm basis, we will provide you with a password to enable you to monitor the number of impressions served in lieu of any other right of audit. You will not use the password, or the system to which it gives you access, for any other purpose.
- Your sole remedy if we, or our third party subcontractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign is the cost of re-running the relevant Campaign. Neither we nor our subcontractors shall be liable in any circumstances for any loss of profit or business. We shall, additionally, have no liability for failure to display the Campaign caused by circumstances outside our control.