1. These terms & conditions shall apply to and govern the provision of services by The SmartList (Operated by Johnston Press Plc registered in Scotland, Company Registration SC015382 and have our registered office at Orchard Brae House, 30 Queensferry Road, Edinburgh, EH14 2HS) “TSL”, operating as an online advertising and employee selection service, to clients from 1st July 2018 to the exclusion of any other terms and conditions that any client may seek to introduce or rely upon.
2. TSL and the client shall enter into discussions / written communications regarding employment vacancy which the client is seeking to fill and the type of candidate the client requires. If the client wishes to engage the services of TSL in relation to the vacancy then TSL shall email the client with a vacancy brief (based on previous discussions / written communications), together with a copy of these terms and conditions, which shall be valid for acceptance by the client for a period of 14 days. On approval of the vacancy brief by the client, such approval to be communicated by the client to TSL either in writing or via e-mail (to such address or e-mail address as provided by TSL), the client is deemed to accept these terms and conditions and a contract between the parties is formed (“Effective Date”). The client is also deemed to have accepted these terms on supply of a Purchase Order number, a returned and signed business proposal or login to the TSL ATS system.
3. TSL’s Fee are calculated on a sliding scale based on volume of credits purchased. The cost of a single branded campaign will be £725 and an unbranded campaign £625.
Fees are non-refundable unless TSL agree otherwise in writing.
4. Subject to clause 5, Fees become due on the Effective Date. TSL reserves the right, at its sole discretion, not to commence the provision of any services to clients prior to receipt of payment.
5. TSL may, at its sole discretion, agree an extended payment period with any client, such period to be agreed by TSL in writing.
6. Fees are quoted exclusive of VAT which is payable at the prevailing rate. However, each party shall pay, and is responsible under this Agreement, for its respective duties and taxes, however designated, levied or based on this Agreement or the Services delivered hereunder, including, without limitation, any personal property, retail sales, goods and services, use or value added taxes and whether such taxes are now in force or subsequently levied. In those cases where TSL shall pay or has paid such amounts, TSL shall include such charges separately on the invoice.
7. If Fees are not paid by the client on the date they fall due, TSL shall be entitled, at its sole discretion, (1) to charge interest at a rate of 3% above the base rate of the Bank of England as applying from time to time, or, if higher, the rate prescribed in terms of the late Payment of Commercial Debts (Interest) Act 1996 from the due date for payment until receipt by TSL of the full amount, whether or not after judgment; and / or (2) to suspend the provision of its services (i.e. the delivery of details of potentially suitable candidates for the vacancy) until such time as payment has been made.
8. TSL and the client shall both protect the confidential information (i.e. information which either party is informed is confidential or which by its nature should reasonably be considered to be confidential) of the other party against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
9. All candidate(s) personal data must be kept secure by the client and TSL and in line with the client’s and TSL’s obligations under GDPR.
10. Candidates’ personal data and applications are provided for one time use only, for the specific vacancy as detailed in the vacancy brief or otherwise agreed between the parties in writing, unless candidates have given specific consent to be contacted about other vacancies.
11. Clients must securely dispose of candidates’ personal data when no longer required.
12. TSL requires all candidates to complete screening questionnaires, however, the client has final responsibility for carrying out checks on candidates suitability for work including right to work, references etc. TSL do not accept any liability for aforementioned checks/concerns.
13. TSL shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be incurred by the client, arising from or in any way connected with the provision of services by TSL. Nothing in these terms and conditions shall limit or exclude TSL’s liability for any matter for which it would be illegal or unlawful to exclude liability, including personal injury or fraud.
14. A person who is not a party to a contract formed in accordance with clause 2 shall not have any rights under or in connection with it.
15. If any provision of these terms and conditions proves to be unenforceable by law, the remaining provisions shall continue in full force and effect.
16. No variation of these terms shall be binding on TSL unless in writing and signed by a duly authorised representative of TSL.
17. The terms and conditions shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
18. Assignment. Neither this Agreement or any rights and obligations under this Agreement shall be assignable directly or indirectly by either party without the prior written consent of the other party , such consent not to be unreasonably withheld or delayed.