Terms & Conditions

1. Client’s Terms and Conditions for staffbay acting as an Employment Agency.

2. Candidate’s Terms and Conditions for staffbay acting as an Employment Agency.

Client’s Terms and Conditions for staffbay acting as an Employment Agency.

A legally binding contract in accordance with these Terms comes into existence immediately that an account is set up for you on this Website.

Your attention is brought to clause 8 below which limits the liability of staffbay and to Clause 5 relating to changes to these terms and conditions

terms and Conditions

1. Interpretation

1.1 The definitions and rules of interpretation in this clause apply to these terms and conditions.

Acceptance: the acceptance by a Candidate of an offer of Engagement made by the Client.

Acceptance Date: the date Acceptance takes place or is deemed to have taken place.

Actual Vacancies: the Client's vacant positions.

Candidate: any person who has posted his or her details including but not limited to his or her profile on the Website.

Client: the company, firm, organisation which has set up an account with staffbay in order to use the Services through the Website either for itself or for any Third Party.

Commencement Date: the date that the Engagement Commences

Engagement: the employment or use of a Candidate in any capacity whatsoever whether under as contract of service or for services or as an employee or self employed person or otherwise by the Client, any member of the Client’s Group or by a Third Party and “Engaged” and or “Engages” shall be construed accordingly.

Group: in relation to a company, that company, each and any subsidiary or holding company from time to time of that company, and each and any subsidiary from time to time of a holding company of that company.

Holding company and subsidiary: mean a "holding company" and "subsidiary" as defined in section 1159 of the Companies Act 2006 and a company shall be treated, for the purposes only of the membership requirement contained in subsections 1159(1)(b) and (c), as a member of another company even if its shares in that other company are registered in the name of (a) another person (or its nominee), whether by way of security or in connection with the taking of security, or (b) its nominee. In the case of a limited liability partnership which is a subsidiary of a company or another limited liability partnership, section 1159 of the Companies Act 2006 shall be amended so that: (a) references in sub sections 1159(1)(a) and (c) to voting rights are to the members' rights to vote on all or substantially all matters which are decided by a vote of the members of the limited liability partnership; and (b) the reference in section 1159(1)(b) to the right to appoint or remove a majority of its board of directors is to the right to appoint or remove members holding a majority of the voting rights.

Introduce: the provision to the Client of information by staffbay which identifies the Candidate and “Introduced” and “Introduction” shall be construed accordingly.

Introduction Date: the date staffbay Introduces the Candidate to the Client in accordance with clause 2.

Losses: all claims, losses, liabilities, expenses and/or damages including legal costs on an indemnity basis.

Services: the online recruitment services set out in clause 2.1 below

staffbay: Frontline Recruitment Services Holdings Limited (CRN: 05141068) trading as staffbay

Terms: these terms and conditions.

Third Party: means any person to whom the Client has introduced the Candidate and by whom the Candidate is subsequently Engaged

Website: www.staffbay.com and includes without limitation its content, databases, software, code and graphics.

1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.3 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.

1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

1.6 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.7 A reference to writing or written includes email but not faxes.

2. Services

2.1 In consideration of the Client’s obligations under these Terms staffbay agrees to provide the Client with:

(a) access to a search engine for Candidate profiles which have been posted on the Website;

(b) introductions to Candidates who consent to such introduction being effected;

(d) such other services as staffbay may in its sole discretion make available to the Client from time to time.

2.2 In providing the Services through the Website, staffbay acts as an employment agency.

2.3 staffbay shall provide the Services in accordance with these Terms.

2.4 To be able to benefit from the Services, the Client must set up an account on the Website.

2.5 The Services do not constitute an offer by staffbay who reserve the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation

3. Use of Website

3.1 At all times the Client will observe the [TERMS OF WEBSITE USE] including but not limited to the [ACEPTABLE USE POLICY].

3.2 If the Client abuses the Services, the Website or these Terms, the [TERMS OF WEBSITE USE] including but not limited to the [ACEPTABLE USE POLICY, then staffbay may in its sole and absolute discretion remove the Client’s access to the Services and terminate the Client’s account.

4. Notification

4.1 The Client shall notify staffbay in form provided on the Website of the offer of any Engagement to any Candidate Introduced by staffbay.

4.2 The Client shall use its best endeavours to procure that a Candidate shall notify staffbay of the acceptance by such Candidate of an offer of Engagement.

5. Changes to these Terms

5.1 staffbay reserves the right to change these Terms from time to time provided that no change shall be retrospective. You are expected to check this page from time to time to take notice of any changes that we make, as they are legally binding on you.

6. Limitation of staffbay’s Liability

6.1 staffbay (including its holding company, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for Losses, loss of profits, revenue, interest, goodwill, business and or savings or for consequential, indirect or special losses including but not limited to the failure of a Candidate to meet the Client’s requirements. Nothing in these Terms shall exclude staffbay’s liability for death or personal injury caused by its negligence or any other liability which cannot by law cannot be excluded.

6.2 Notwithstanding the provisions of clause 6.1 , the Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of a Candidate and shall indemnify and keep staffbay indemnified against any Losses in connection therewith.

6.3 The Client will not hold staffbay responsible for any Losses that the Client may incur as a result of:

(a) staffbay taking any action under its [TERMS OF WEBSITE USE] and or its [ACCEPTABLE USE POLICY] including but not limited actions under the provisions of clause 3.2 above ; nor

(b) for other users' actions or inactions, including, without limitation, things they post.

6.4 Notwithstanding any other clause in these Terms if staffbay is found liable for any reason whatsoever, its liability to the Client or any third party shall not exceed £100.

7. Posting of Jobs and Vacancies on the Website

7.1 The Client undertakes to use the Website in good faith and to post Actual Vacancies which provide both adequate and accurate job details.

7.2 The Client undertakes to ensure that the content of any vacancy posted to the Website complies in all respects with Equality and Human Rights Commission’s guidance on job vacancies which is in force throughout the time the job vacancy is visible on the Website.

7.3 The Client undertakes to comply with all of the provisions of applicable laws including but without limitation:

(a) the Employment Equality (Age) Regulations 2006

(b) the Sex Discrimination Act 1975

(d) the Disability Discrimination Act 1995

(e) the Data Protection Act 1998

7.4 If the Client is an employment agency or an employment business then it undertakes that it will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 and the Employment Agencies Act 1973 including but not limited to:

(a) communications with Candidates;

(b) control of Candidates’ details which have come into its possession;

7.5 When the Client submits a job vacancy to the Website, the Client:

(a) is indemnifying and keeping staffbay indemnified against all Losses in connection therewith;

(b) must state, if it is acting as an employment agency or employment business as defined in the Employment Agencies Act 1973, the capacity in which it is acting in respect of such vacancy;

(c) must include in the job vacancy details of the experience, training, qualifications and any authorisations which the Client considers are necessary, or which the Candidate needs to have by law or the requirements of any professional body in order to carry out the work;

(d) must include the minimum rate of pay and any other benefits offered by the Client and the intervals at which they would be paid together with the length of notice which a Candidate would be required to give and entitled to receive, to end employment with the Client;

(e) must provide details of the commencement date or whether the position is permanent or temporary;

(f) must provide details of the type of work the candidate would be required to do together with the location at which and the hours the Candidate would be required to work;

(g) must provide details of any risks to health and safety known to the Client and the steps that have been taken to control such risks. By posting the job vacancy on the Website, the Client warrants and represents to staffbay that it has carried out a thorough risk assessment of its site, equipment and working conditions so that sufficient information can be given to the Candidate.

8. Vulnerable Persons

8.1 Where the Candidate will be taking up a position which involves working with or caring for any person(s) under the age of 18, the elderly, infirm or anyone in need of care and attention (“Vulnerable Persons”) then the Client undertakes in respect of the Candidates it has Engaged to obtain:

(a) copies of any relevant qualifications or authorisation that the Candidate needs to work in the position in question;

(b) two references from persons who are not relatives to the Candidate;

8.2 Where the Client is an employment business or agency, the Client shall offer copies of the documents referred to in clause 10.1 above to the Third Party who employs the Candidate.

8.3 The reference to “relatives” in clause 10.1(b) shall have the meaning given in section 63 of the Family Law Act 1996.

9. Other Terms

9.1 staffbay will not be responsible for the accuracy of any information supplied to the Client in respect of any Candidate.

9.2 staffbay does not warrant the ability of any Candidate.

9.3 Without prejudice to any other remedy it may have staffbay may:

(a) if the Client materially or persistently breaches these Terms: or

(b) if staffbay has reasonable grounds to believe that the Client will not or cannot pay its debts; or

(c) if the Client has not provided full and accurate information relating to itself or the purpose for which it is opening an account on the Website; or

(d) if staffbay forms an opinion that the Client is acting illegally or inappropriately

terminate the Client’s account and any or all contracts and Services with immediate effect.

9.4 If there are any events beyond staffbay’s reasonable control that prevent staffbay from performing the Services then staffbay shall not be in breach of these Terms.

9.5 The Client warrants and undertakes to staffbay that it holds all of the necessary consents, licences and permits necessary for the work that a Candidate is required to do and in relation to any place where the work is carried out.

9.6 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

9.7 These Terms shall be governed English Law and the parties submit to the exclusive jurisdiction of the English Courts.

2. Candidate’s Terms and Conditions for staffbay acting as an Employment Agency.

These Terms and Conditions govern the relationship between Frontline Recruitment Services Holdings Limited (CRN: 05141068) trading as Staffbay whose principal place of business is at White Friars House, Friar Lane, Nottingham, NG1 6AD (We) and any person who has registered as a candidate and has posted his or her details including but not limited to a CV on the Website (You). By You registering on the Website, You agree to be bound these Terms and Conditions.

TERMS AND CONDITIONS

1. INTERPRETATION

1.1 The definitions and rules of interpretation in this clause apply to these terms and conditions.

Acceptance: the acceptance by You of an offer of Engagement made by the Client.

Acceptance Date: the date Acceptance takes place or is deemed to have taken place.

Client: the company, firm, organisation which has set up an account with us with a view to Engagement.

Commencement Date: the date that the Engagement Commences

Engagement: the employment or use of You in any capacity whatsoever whether under as contract of service or for services or as an employee or self employed person or otherwise by the Client, any member of the Client’s Group or by a Third Party and “Engaged” and or “Engages” shall be construed accordingly.

Losses: all claims, losses, liabilities, expenses and/or damages including legal costs on an indemnity basis.

Terms: these terms and conditions.

Third Party: means any person to whom the Client has introduced to you and by whom you are subsequently Engaged,

Website: www.staffbay.com and includes without limitation its content, databases, software, code and graphics.

1.2 A reference to writing or written includes email but not faxes.

2. USE OF WEBSITE

2.1 At all times you will observe the [TERMS OF WEBSITE USE] including but not limited to the [ACEPTABLE USE POLICY].

2.2 If You abuse the Website or these Terms or the [TERMS OF WEBSITE USE] or the [ACCEPTABLE USE POLICY] then We may in our sole and absolute discretion remove your access to the Website and terminate your registration.

3. NOTIFICATION

3.1 On the Acceptance Date, you shall notify us in form provided on the Website of the acceptance of an Engagement by you.

4. DIRECT APPROACHES

4.1 If a Client approaches, communicates with or makes an offer of Engagement to You other than through the medium of the Website then You must inform us of such approach, communication or offer, as the case may be, forthwith by email to [EMAIL ADDRESS].

5. LIMITATION OF LIABILITY

5.1 You will not hold Us liable for any Losses that you may incur:

(a) as a result of Us taking any action pursuant to 2.2; nor

(b) for other users' actions or inactions, including, without limitation, things they post.

5.2 Notwithstanding any other clause in these Terms if We are found liable for any reason whatsoever, then our liability to You or any third party shall not exceed £100.

6. CHANGES TO THESE TERMS

6.1 We reserve the right to change these Terms from time to time provided that no change shall be retrospective. You are expected to check this page from time to time to take notice of any changes that we make, as they are legally binding on you.

7. JURISDICTION

7.1 These Terms shall be governed English Law and the parties submit to the exclusive jurisdiction of the English Courts.

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