Terms and Conditions for Advertisers
Formwork Jobs is a service commissioned by Stockport Metropolitan Borough Council. The Formwork Jobs service and Formwork Jobs website are currently being delivered as part of a contract of service by Grassroots Recruitment Limited.
Grassroots Recruitment Limited
Company Number: 06583878
Registered Address: Suite 2, Old Moor Road, Stockport SK6 2XE
These terms and conditions (the “Terms”) govern your agreement with Grassroots Recruitment (the “Agreement”) for your use of the following services on the website currently located at: https://www.formwork-jobs.com/ (the “Website”):
a. The Advertising Service; and
b. The Jobmatch Service,
each as defined below. The Advertising Service and the Jobmatch Service shall each be a Service and collectively known as the “Services”. These Terms shall apply to all of the Services except for where they are expressly stated to apply to one Service only.
A. The Advertising Service
1. The advertising service (the “Advertising Service”) is the service provided by Grassroots Recruitment which allows employers and recruiters (or the advertising agency or media buyer for such recruiter) to place and access their advertisements on, and to self-upload recruitment advertisements to, the Website.
2. Grassroots Recruitment Limited (“Grassroots”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
3. These Terms apply to online advertisements “Advertisements” on https://www.formwork-jobs.com (the “Website”)
4. By placing an order, the “Advertiser” (which is the person bidding for or placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
Content and Delivery of Advertisements
5. Grassroots may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or change the position of any such Advertisement.
6. The publication of an Advertisement by Grassroots does not mean that Grassroots accepts the Advertisement has been provided in accordance with these Terms or that Grassroots has waived its rights under these Terms.
7. The Advertiser guarantees to Grassroots that:
8. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with Grassroots and the Advertiser will compensate Grassroots for any claim made by such advertiser against Grassroots.
9. Grassroots agrees that all Advertisements will be targeted at individuals in the UK unless otherwise agreed in writing between the parties at the time of booking.
12. Grassroots will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by Grassroots will be treated as the confidential information of the Advertiser and will not be disclosed by Grassroots to any third party (other than Grassroots’ service providers for the purpose of Grassroots complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
13. Grassroots will implement its default brand safety measures in respect of the sites on which Advertisements booked will appear. Grassroots makes no guarantees regarding the quality and/or suitability of any sites on which Advertisements appear.
14. If an Advertisement booked is published on a site which the Advertiser reasonably believes to be unsuitable or an Advertisement appears on the Website in a manner which the Advertiser reasonably believes to be unsuitable, the Advertiser may notify Grassroots and Grassroots will, as the Advertiser’s sole remedy, use reasonable endeavours to remove the Advertisement from the site and/or the Website (as applicable) within 24 hours, where entirely within Grassroots’ control.
Liability of Grassroots
15. Grassroots accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to Grassroots or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to Grassroots.
16. Grassroots shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
17. Grassroots will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
18. Grassroots cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of Grassroots. However, Grassroots will use reasonable efforts to comply with the wishes of the Advertiser.
19. If a booked Advertisement is not published at all solely due to a mistake on Grassroots’ part, Grassroots will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
20. If the Advertisement as reproduced by Grassroots contains a substantial error solely due to a mistake on Grassroots’ part, Grassroots shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. Grassroots shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform Grassroots of any errors and provide any necessary assistance to Grassroots to prevent a repeat of the error.
21. Grassroots shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by Grassroots and the Advertiser, and Grassroots’ maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
22. In respect of Advertisements on the Website, Grassroots does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this. In addition, Grassroots will not be responsible for any failure or delay affecting the transmission of the Website and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of Grassroots.
23. For the avoidance of doubt, nothing in these Terms will limit or exclude Grassroots’ responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
24. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
25. The Advertiser will fully indemnify Grassroots from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by Grassroots in accordance with these Terms.
26. Grassroots owns the copyright in all Advertisements written or designed by it or on its behalf.
27. The Advertiser grants Grassroots the right (free of charge) to:
28. The cancellation period for an Advertisement varies according to the publication. The Advertiser may cancel an Advertisement provided that notice in writing is received by Grassroots within the relevant cancellation period. In respect of Advertisements on the Website, the minimum notice period for cancellation by the Advertiser is 7 days unless agreed otherwise. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
29. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, Grassroots may treat the order as cancelled.
30. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
31. If Grassroots fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
32. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
33. These Terms are the entire agreement between the Advertiser and Grassroots in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both Grassroots and the Advertiser.
34. These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgement or click through agreement). To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
35. Subject to clause 22, these Terms (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
B. The Job Match Service
1. The Service (the “Job Match Service”) is the service provided by Grassroots through which Grassroots will, on behalf of the recruiter, contact suitable candidates, who have supplied their CVs to the Candidate database, with details of an Advertisement placed by the recruiter on the Website.
General Terms Regarding Access to the Services:
2. Grassroots allows you to access each of the Services on the basis that:
a. you are a bona fide recruiter, being either an employer or a recruitment agent acting for a recruiter;
b. you will not do anything which would assist anyone who is not a registered user of the Services to gain access to or misuse it;
d. if, for any reason, we believe that you have not complied with these Terms or are abusing the Services in any way, Grassroots may, at its discretion, cancel, suspend or otherwise restrict your access to the Services immediately and without giving you any advance notice.
General Terms Regarding Your Use of the Services:
3. You hereby warrant, represent and undertake to Grassroots that:
a. You will only use the Services and any information you receive under the Services for your recruitment related activities;
b. Except as expressly permitted under these terms you will not sell, sub-licence, sub-contract or rent or any information you receive under the Services in respect of a candidate on the Grassroots Candidate database to a third party provided that advertising agencies or media buyers for recruiters may sell, sub-licence, sub-contract or rent the information they receive under the Services to the specific recruiters who have engaged them ;
c. You will not create a marketing list for either your own use or to sell on to a third party using any information you receive under the Services in respect of a candidate on the Grassroots Candidate database;
d. Your use of the Services will not be prejudicial to the image or reputation of Grassroots, the Website or any other recruiters who use the Website;
e. In relation to obtaining, storing and using any personal data derived from your use of the Services or otherwise in connection with your use of the Services that you are acting as a data controller in your own right and you have complied and will comply with the all applicable laws relating to data protection and privacy including (without limitation) the EU General Data Protection Regulation (2016/679), the Data Protection Act 2018, the EU Privacy and Electronic Communications Directive 2002/58/EC as implemented in each jurisdiction, and any amending or replacement or equivalent legislation from time to time as well as any guidance issued by the Information Commissioner; and
f. Without prejudice to the provisions of paragraph 6e, you will keep all candidates’ personal information confidential.
General Terms Regarding Your Use of CVs provided to You
4. In respect of CVs provided to you under the Services, you hereby warrant, represent and undertake to Grassroots that you will:
a. not keep candidates’ CVs on your database for longer than is necessary for your recruitment purposes; and
b. remove a candidate’s CV from your database if they request you to remove it, within a reasonable time following such request.
SPECIFIC TERMS RELATING TO THE JOBMATCH SERVICE
Your Use of the Jobmatch Service
5. All Advertisements provided to Grassroots by you under the Formwork Jobs Service will be only be accepted by Grassroots provided you have complied with the provisions of paragraphs 10 and 11 below.
6. Under the Formwork Jobs Service Grassroots will send your Advertisement to candidates we have selected on our Grassroots Candidate database who match your specified criteria. Please note that we cannot guarantee that such candidates will respond to your Advertisement.
FURTHER GENERAL TERMS
7. In the event that Grassroots’ publication of the Website is restricted, curtailed or prevented by any applicable law or regulation or any other act or thing beyond Grassroots’ control, Grassroots may terminate this Agreement forthwith (in whole or in part) without prejudice to Grassroots’ right to be paid any monies due as at the date of termination.
8. Grassroots accepts no liability for any delay or disruption whilst using any of the Services or for any loss or damage to your account or any loss or damage caused by any error or technical fault in respect of the transfer of a CV from the Website to you.
9. Grassroots does not guarantee the continued and uninterrupted availability of any of the Services and accepts no liability for any unavailability including without limitation due to technical errors or faults. In any event, Grassroots shall have no liability for any failure or delay affecting the transmission of any Website, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of Grassroots.
10. Grassroots shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for any economic losses (including without limitation, loss of revenues or profits, contracts, business or anticipated savings), any loss of goodwill or reputation or any indirect or consequential losses (in each case whether or not such losses were within the contemplation of the parties at the date the order was placed) suffered or incurred by you arising out of or in connection with any matter hereunder.
11. For the avoidance of doubt, nothing in these Terms shall operate to limit or exclude Grassroots’ liability for death or personal injury resulting from its own negligence or for fraud.
12. Candidates are solely responsible for the content of the CVs that they submit to Grassroots. We accept no responsibility for the content of candidate CVs including without limitation any error, omission or inaccuracy.
13. You will indemnify Grassroots and agree to keep Grassroots indemnified on demand against all claims, costs, proceedings, demands, losses, damages, expenses or liability (including without limitation any consequential losses or loss of profit and any legal fees) whatsoever arising directly or indirectly as a result of any breach or non-performance or non-observance of any of the representations, warranties or other terms contained herein or implied by law in accordance with these Terms.
14. In addition to Grassroots’ rights under paragraphs 6e and 13 of these Terms, Grassroots may terminate your access to one or all of the Services with immediate effect if you are in material breach of these Terms and you fail to rectify such breach within 7 days of our notifying you of your material breach.
Consequences of Termination
15. Subject to paragraph 22 below, in the event Grassroots terminate your access to the CV Match Service you will or you are in material breach of the Terms and you fail to rectify such breach within 7 days of our notifying you of your material breach:
a. Return all soft and hard copies of candidates’ CVs in your possession and acquired by you from the CV Match Service to Grassroots within 2 days of receiving notification of termination; or
b. At Grassroots’ request destroy all soft and hard copies of candidates’ CVs in your possession and acquired by you from the CV Match Service and provide to Grassroots a certificate of destruction signed by one of your directors confirming such destruction, within 7 days of receiving notification of termination.
16. You will not be subject to the provisions of paragraph 20 in respect of any candidate of which you employ or who sent you his/her CV directly rather than via the tools provided on the Website.
17. As a recruiter with Formwork Jobs, your details will be entered onto our customer database. We will use your details to communicate information about Formwork Jobs and Grassroots services. If you do not wish to receive information about Formwork Jobs services including changes to pricing and processes, you can unsubscribe by emailing us at email@example.com
18. Grassroots are committed to protecting your privacy and comply with the 2018 Data Protection Act. We will not share your details with others without your prior consent.
19. If any term under these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect. If any provision of these Terms is so found to be invalid or unenforceable if some part of the provision were removed, the provision in question shall apply with such modification(s) as may be necessary to make it valid.
20. Except insofar as this Agreement expressly provides that a third party may in his own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
21. To the extent that the Employment Agencies Act 1973 and/or the Conduct of Employment Agencies and Employment Business Regulations 2003 apply to the Services, Grassroots acts in the capacity of an employment agency. Grassroots will not, however, introduce or supply candidates to you and nor does Grassroots have authority to act on your behalf.
22. These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted. Details of variations will be posted below. You will be deemed to have accepted a variation to these Terms if you continue to use the Website and/or one or more of the Services after a variation has been made.
23. You may not resell, assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this contract or any other rights under this contract or sub-contract any and all of its obligations under it or purport to do any of the same. Any attempt to do the foregoing shall result in immediate termination of your right to use the Services, and payment of any and all amounts due hereunder without liability to Grassroots and without prejudice to its other rights and remedies. Any purported assignment in breach of this paragraph shall confer no rights on the purported assignee.
24. This Agreement shall be governed by and construed in accordance with English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.