Terms and Conditions

1 Definitions

1.1 “Flex” means Flex Recruitment Plus Limited of Salisbury House, Wheatfield Way, Hinckley, LE10 1YG, a company registered in England and Wales whose registration number is 6850747.

1.2 “Client” means the company, firm or organisation which has set up an Account with Flex in order to use the Services.

1.3 “Account” means the registration by the Client with Flex in order to have access to the Services, The Applicant Tracking System and other supporting systems.

1.4 “Applicant” means a person who has expressed an interest in a Vacancy.

1.5 “Applicant Tracking System” means that part of the Flex system that enables a Client to administer and control applicants’ responses to a Vacancy.

1.6 “Services” means the online recruitment services as listed in Clause 2.

1.7 “Order” means a request by the Client to purchase any of the Services.

1.8 “Order Confirmation” means an acknowledgement by Flex that an Order has been received and accepted.

1.9 “Terms” means these terms and conditions.

1.10 “Vacancy” means the opportunity for engagement, employment or use of the Applicant by the Client on a permanent or temporary basis, whether under a contract of service or for services; or any other engagement; directly or through a limited company of which the Applicant is an officer.

1.11 "Website" means www.flexplus.co.uk together with any sub-domains and micro sites and includes without limitation its content, databases, software, code and graphics.

1.12 “Regulations” means the Conduct of Employment Agencies and Businesses Regulations 2003 and the Employment Agencies Act 1973.

2 Services

2.1 FlexPlus Local. Flex will:

Post your Vacancy on Flex’s Web site and to certain free job boards including WorkHound and Indeed;
Enable you to manage any Applicants arising there from with Flex Applicant Tracking System.

2.2 FlexPlus Multipost. As stated in FlexPlus Local above but in addition Flex will post the Vacancy to Total Jobs & Reed websites.

2.3 FlexPlus CV Search & Pre-screen. As stated in FlexPlus Multipost above but in addition Flex will (for vacancies where the basic remuneration is less than thirty thousand pounds per annum):

Manage all applicant response;
Filter and screen all applicant response on line;
Provide an applicant information/shortlist.

2.4 FlexPlus Fixed Fee Recruitment. As stated in FlexPlus CV Search & Pre-screen above but in addition Flex will:

Design and conduct basic telephone pre-screening;
Conduct face to face initial interviews (limited to ten candidates) at one of Flex’s offices;
Conduct basic assessments;
Arrange Applicants’ second interviews with the Client;
Administer the process of Applicants’ being offered or rejected for a Vacancy.

2.5 Sundry other services (at rates to be agreed) will include:

ID verification and “eligibility to work in the UK” checks;
Designing Client specific online questions;
Designing Client specific telephone pre-screening process;
Designing Client specific assessments;
Criminal record checks;
Referencing.

3 Provision of the Services

3.1 Flex shall provide the Services in accordance with these Terms. These Terms become legally binding on the date that a Client opens an account.

3.2 Flex is a recruitment agency. In the provision of the Services, Flex acts as an employment agency as defined in the Regulations.

3.3 Clients must open an Account with Flex in order to gain access to the Services.

3.4 Provision of the Services relies on the use of e-mail as the primary communication method.

3.5 Flex reserves the right in its sole and absolute discretion to refuse to open an account or offer the Services to any person or organisation.

3.6 Flex may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. In the event that any such modification or deletion adversely affects any Order currently in progress then the Client will be refunded any fees that may have been paid in respect of that Order.

3.7 Flex shall perform the Services using information and criteria supplied by the Client.

3.8 Once an Order Confirmation has been issued by Flex, Flex cannot accept any cancellation of the Order and no refunds will be given.

3.9 Applicants' responses will be notified by Flex to the Client by e-mail and become available on the Applicant Tracking System. The Client is responsible for verifying the information contained in applicants' responses and Flex accepts no responsibility for the content of any such applications. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, references, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the Vacancy.

4 The Vacancy

4.1 By submitting a Vacancy to the Website, the Client is authorising Flex to post such Vacancy. Where the Service includes the posting of the Vacancy to third party web sites, these shall be selected in Flex’s sole and absolute discretion. In the event that the Client requests a specific site to be included additional charges may become payable.

4.2 The Client is responsible for the content of the Vacancy and will indemnify Flex against any claim, loss, liability, expense and/or damage in connection therewith.

4.3 The Client shall include in the job description the following information:

Any qualifications and/or authorisations required by law or any or by any relevant professional body;
If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay.

4.4 The Client shall provide sufficient details about itself and the Vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.

4.5 All vacancies will be deemed as having expired 28 days after being posted to Flex’s website. All Applicants’ details will be made available for Flex’s own use excepting those that have solely applied through the client’s career site. All applications will remain on the Applicant Tracking system for a further 60 days after the expiration date.

4.6 The Client may request that a Vacancy is closed prior to the expiration date but no refund will be paid.

4.7 Flex reserves the right in its sole and absolute discretion to remove any Vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to those that:

Flex considers illegal, inappropriate or fraudulent;
Directly or indirectly require or ask for application or registration fees;
Advertise franchise, pyramid, network marketing or similar schemes;
Those that advertise websites, services, businesses, business opportunities.

5 Payment and invoicing for the Services

5.1 Payment for the services must be made prior to the commencement of the provision of the Services (except in the case of additional placements arising from FlexPlus Fixed Fee Recruitment)

5.2 Invoices will be issued prior to the issue of an Order Confirmation.

5.3 Payments made online will be administered by Sagepay and be subject to Sagepay's terms and conditions.

5.4 Where payment is made by cheque or BACS (or some similar electronic payment method), the Order will not be confirmed until the payment has cleared through Flex’s bank account.

5.5 In respect of additional placements arising from FlexPlus Fixed Fee Recruitment, Flex shall issue an invoice to the Client on completion of the Services. The Client shall pay Flex's invoice in full within 14 days from the date of invoice. In the event of late payment, without prejudice to any other remedy, Flex reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.

5.6 Once an Order Confirmation has been received, Flex cannot accept any cancellation of the Services and no refunds will be given. For the avoidance of doubt, for Services purchased online, refunds may occasionally be given at Flex's sole and absolute discretion.

5.7 Flex reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.

6 Obligations of the Client

6.1 The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, and the Employment Equality (Age) Regulations 2006.

6.2 It is the Client's responsibility to provide accurate and up to date information.

6.3 The Client shall not post any Vacancy where:

There is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the Client undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or
The role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the candidate to be placed to:
1. Obtain copies of any relevant qualifications or authorisations of the candidate;
2. Obtain two references from persons who are not relatives of the candidate; and
3. Take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.

6.4 By posting any Vacancy set out in sub-clauses 6.3 b1, b2, b3 above, the Client is deemed to give the relevant undertakings.

6.5 The Client undertakes not to approach an applicant’s current or former employers without the consent of the Applicant.

6.6 All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job posting are the responsibility of the Client, and Flex accepts no liability whatsoever therewith. The Client will indemnify Flex against any Losses in connection therewith.

6.7 The Client undertakes not to submit for inclusion in any job posting, its profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit.

7 Employment agencies

7.1 Clients who are themselves an employment agency will:

Comply with the provisions of the Regulations in relation to all vacancies posted on Flex's site, communications with applicants and management of applicants' details.
Offer copies of the documents obtained under sub-clauses 6.3 and 6.4 to their client.
State in which capacity it is acting in relation to the Vacancy.

8 Use of Flex’s Website and associated systems

8.1 The Client agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.

8.2 All intellectual property rights connected with the Services and/or the Website shall remain vested in Flex or any third party from whom such rights are licenced. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.

8.3 Flex cannot guarantee that:

The Website and/or the Services will be available at all times;
The Website will be free from errors, viruses and/or other harmful applications; and
The Services will generate any applications, responses or results.

8.4 Flex shall not be in breach of these Terms if events beyond its reasonable control prevent Flex from performing the Services.

8.5 It is the Client's responsibility to protect their computers against any viruses and malware.

8.6 The Website is also subject to the following terms and policies:

8.7 Privacy Policy

8.8 Terms of Use

9 Termination

9.1 Without prejudice to any other remedy, Flex may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client.

9.2 Flex reserves the right in its sole and absolute discretion to close any Account at any time without reason. Examples of Accounts that may be closed include, but are not limited to those of Clients:

Who have not provided full or accurate contact or company information;
That Flex considers to be acting inappropriately or illegally;
That use the Website to advertise websites, services, businesses and/or business opportunities in any part of the job Vacancy or on any part of the site;
Who default on payment.

10 Entire agreement

10.1 These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between Flex and the Client. The Client acknowledges that it has not relied on any representation made by Flex in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.

10.2 In the event that the Client makes a claim against Flex for whatever reason, Flex's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall Flex be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude Flex's liability for death or personal injury by negligence or any other liability which cannot by law be excluded.

10.3 If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.

11 Notices

11.1 Notices to Flex shall be sent by email to enquiries@flexrecruitment.co.uk and notices to the Client shall be sent by email to the address supplied on set up of the Client's account.